IN THE COURT OF COMMON PLEAS INDEX OF EXHIBITS OF TIOGA COUNTY DEPOSITION JOHN R. KINGSLEY, CIVIL ACTION . LAW EXHIBITNUMBER DESCRIPTION MARKED Indiv¡dually and as 1 Photograph Adm lnistrator of the 2 Photograph. Estate of JASON A. 3 Photograph KINGSLEY. and DENISE 4 Photograph C. KINGSLEY, 5 Photograph Ind¡v¡dually and as 6 Photograph Adm¡nistrator of the 7 Photograph Estate ofJASON A. I Photograph KIN G S LEY, 9 Photograph 10 Photograph Pla¡ntlffs 11 Photograph LZ P hotog rap h -vs- 13 P hotog rap h L4 Photograph GOR-WOOD HOLSTEINS. 15 Photograph INc., d/b/a GOR-WoOD 16 Photog raph FARMS and RONALD L7 P hotog rap h CHRISTOPHER WOOD, 18 Photograph 19 Photograph D efend â nts No.198 CV 2016 20 Photog raph 2t P hotog ra p h 22 Photog ra ph 23 Photograph 24 Payroll Journal 25 Data Entry Worksheet. 93 DEPOSITION TESTIMONY OF 26 S ketch. 27 Photograph...., RONALD CHRISTOPHER WOOD 28 Photograph..... 29 Cell phone call log TUESDAY, FEBRUARY 28, ZOLT 30 Call log. 31 2009w-2...... TIOGA COUNTY COURTHOUSE 32 Handwr¡tten note. 116 MAIN STREET 33 Payroll Journal 3/22/ t6 WELLSBORO, PENNSYLVANIA 34 2015 w-2. 35 Real Estate note. .. TERESA A. CROSSIN, RMR 36 Employer's report of ¡njury NOTARY PUBLIC 37 Workmen's Com pensation worksheet. ...,180 38 Workmen's Compensat¡on audit Summary. ..,,.180 39 Workmen's Com pensation form 188 KEYSTONE COURT REPORTING AGENCY, ¡NC 40 Insurance document 4099 BIRNEY AVENUE, SUITE 9 4t Handwr¡tten letter., MOOS¡C, PA 18507 42 Copy ofcheck..... (s70) ss8-301r (800) 570-3773 t FAX 70 554-30 14

COUNSEL PREgENTT DOCUMENT REOUESTS On behalf of the Plaint¡ffs: HOURIGAN, KLUGER & QUINN 1. Partnership Agreement BY: DONALD C. LIGORIO¿ ESQ 600 Third Avenue 2. Minutes of dissolutlon Klngston. PA tA704 3. Copy of all minutes going back a year On behalf of the Defendantl THOMAS. THOMAS & HAFER 4. Document showing the State recognlz¡ng the BY: JOSHUA J. BOVENDER, ESQ. transfer of the Estatè 305 North Front Street - Sixth Floor P. O. Box 999 5. Document of a check written to Jason Kingsley purchase Harrisburg, PA 17108 lndlcating tlres Also presènt on behalf of Ronald Christopher wood perso n a lly! CHIP BLACKWELL, ESQ.

STIPU LAT¡O NS

It was furthêr agreed that all objecilons except as to the form of the question wlll be reserved until the time of trial.

INDEX OF WITNESSES

EXAMINATION PAGE NUMBER RONALD CHRISTOPHER WOOD By M r. Llgorio .7 By Mr, Bovender . zto By Mr, L¡gorio. 213

1 of 55 sheets Page 1 to 4 of 2L9 O3/O2/2O17 01:18:42 PM 5 7

1 VIDEO TECHNICIAN: Good day. My 1 EXAMINATXON BY MR. LXGORIO: 2 name is Dan Luvender, I am employee of 2 O. Good morning, still, Mr. Wood. My name 3 the Legal Scopes Support Services, 3 is Attorney Don Ligorio and I represent John and 4 located at 600 Third Avenue, Kingston, 4 Denise Kingsley in this lawsuit aris¡ng out of the 5 Pennsylvania, IB7O4. 5 death of Jason Kingsley. 6 Today is Tuesday, February 28, 6 I am going to be taking your deposit¡on 7 2QI7, and the time is 11:49 a.m. 7 today. I am going to ask you some questions about I We are located at Tioga County I your farm, about your background, and about this I Courthouse. This deposition is being I incident. t0 taken on behalf of the Plaintiff for use 10 Let me ask you this first: Have you 11 at playback at the time of trial and in 11 ever given a deposition before? 12 association wlth the rules of discovery 12 A. I have been to an arbiter but I don't 13 in the case of Kingsley versus Gor-Wood 13 believe I have ever g¡ven a deposition. 14 Holsteins, Incorporated, doing business 14 O. So, you have been before like an 15 as Gor-Wood Farms and Ronald Christopher 15 arbitration panel or something? l6 Wood. t6 A. Worker Comp. 17 Attorney for the Plaintiff is 17 O. Okay. I am going to give you an 18 Donald Ligorio. Attorney for the 18 instruction now, which is important and we all forget l9 Defendant is Joshua Bovender. The name 19 about. You need to answer all of my questions 20 of the witness is Ronald Wood. 20 verbally. You can't nod your head, shake your head, 21 Would the court reporter please 21 gesture, say uh-huh or uh-hum. you have to give us a 22 swear in the witness? 22 clear, verbal answer, That way, it will be recorded 23 RONALD CHRISTOPHER WOOD, 23 and the court reporter will take it down, 24 WAS CALLED, AND HAVING BEEN DULY SWORN, 24 Do you understand that? 25 WAS EXAMINED AND TESTIFIED AS FOLLOWS: 25 A. okay. 6 8 1 MR. LIGORIO: Counsel, as we 1 O, Okay. And yoLr saicl yor.r testified in a 2 discussed, this is a discovery 2 Workers' Comp proceeding. Was that the Workers' Comp 3 deposition. 3 proceeding regarding Mr. Eric Stone? 4 We also will state for the record 4 A. Yes. 5 that personal counsel, Mr. Chip, 5 a. Have you testif¡ed in any other matters 6 C-H-I-P, Blackwell is present as 6 such as a lawsuit, personal injury case, contract 7 personal counsel for Mr, Wood. 7 dispute where you were placed under oath and 8 And are you for Mr. Wood or I test¡fied? I Gor-Wood-D Holsteins or both? 9 A. I was brought in as an expert w¡tness 10 MR. BLACKWELL: Both. l0 once to court for a matter concerning sales and sale 11 MR. LIGORIO: I would note that 11 of cattle. 12 Mr. Blackwell has not entered his 12 A. okay. 13 appearance; so, it is my position that 13 A. And procedural matters that were normal 14 he shouldn't be directly involved in the 14 there.

l5 deposition, But, obviously, if there is 15 O. So, somebody asked your opinion as a 16 something, he can discuss it with Mr. 16 dairy farmer about various matters involving farming. 17 Bovender, 17 Did you show r"rp in cor-¡rt and offer testimony? 18 This is a discovery deposit¡on in 18 A. yes. l9 accordance with the rules of civil 19 a. Okay. So, you know what testimony 20 procedure. I will ask you just, Mr. 20 under oath is? 21 Bovender, about read and sign. Does 21 A. Yes. 22 your client elect to read and s¡gn? 22 O. You are under oath today as if you were 23 MR. BOVENDER: Yes. 23 before a Judge or a jury in a courtroom; you 24 MR. LIGORIO: With that said, I 24 understand that? 25 will get started. 25 A. Yes. 03/02/2017 01:18:42 PM Page 5 to I of 219 2 of 55 sheets 9 11 1 A. Okay. Likewise, everything you say is I question is over; okay? 2 being recorded, so, anything that you do say will be 2 A. Okay. 3 recorded and can be used later in later proceedings 3 Q. Likewise, if Attorney Bovender and I 4 in this case, Do you understand that? 4 are having any type of discussions, just wait until 5 A. yes. 5 we are done discussing and you will be instructed 6 O. I am going to ask you some questions 6 whether to answer or not answer; fair enough? 7 and if you don't understand my question, tell me you 7 A. An right. I don't understand it, I will be happy to rephrase it. I O. Okay. State your full name, please. 9 A. okay. I A. Ronald Christopher Wood. 10 a. Is there any reason you would have 10 O. And what is your date of birth? 11 difficulty understanding my questions, hearing 11 A. 7l2elsz. 12 problems, medical issues, anything like that that 12 a. Where were you born? 13 would make it difficult for you to hear me and l3 A. Wellsboro. 14 understand me? 14 O, Were you born in the property you l5 A. No. l5 reside in now? 16 O. If there is, you will let me know. l6 A. Yeah. 17 Likewise, if you need a break or 17 O. And that is a farm, correct? l8 something, let me know; okay? l8 A. Yes. 19 A. Yes. t9 O. And who are your parents? 20 O. It is not appropriate to take a break 20 A. Gordon and Dorothy Wood. 21 to discuss my questions with counsel, but if you need 21 A. Are they both still alive? 22 a break for some other reason or need to stop, let me 22 A. My mother died; my father is still 23 know. But if I have a pending question, you will be 23 alive. 24 required to answer it. Do you understand that? 24 O. And Christopher Wood is your father? 25 A. Okay. 25 A. No. 10 12 1 MR. BOVENDER: And we can discuss 1 O. Gordon Wood is your father, correct? 2 his questions. What I think you mean is 2 A. Yes. 3 he has to give the answer before we 3 a. Do you still reside with Gordon Wood? 4 adjourn. 4 A. No. 5 MR. LIGORIO: Well, I don't know 5 A. Does he reside on the farm property, as 6 if he can discuss answering the 6 well? 7 questions with you while he is in the 7 A. No. I process, but we will cross that bridge I A. Are you married? I if we come to it, okay? He can't say, 9 A. No. 10 stop, I want to talk to my lawyer when I 10 O. Do you have any children? 11 pose a question. 11 A. No. 12 I understand if he has questions 12 O. Tell me a little bit about your l3 during the deposition, he may be able to 13 education. Did you go to school? 14 stop and ask you, 14 A. Yeah, high school, went to college, 15 BY MR, LIGORIO: 15 Westminster College for political science. Went for 16 A. Well, we will cross that bridge when we 16 two years, difficulty at home, come back for 17 come to it; okay? 17 Christmas, and I have been there lor 46 years now t8 A. Okay. 18 that Christmas. l9 O. Another very important just technical 19 A. Okay. So, 46 years ago you left 20 thing is because of the transcription process and the 20 college? 21 recording process, it is very important that only one 21 A. Yeah. 22 person is talking at a time. So, be certain that I 22 O. And you have been at home, home being 23 am completely finished asking my quest¡on before you 23 the farm you currently reside on? 24 start your answer. In common conversation, we don't 24 A. Yes. 25 do that, we go back and forth, Just wait until the 25 O. For the last 46 years? 3 of 55 sheets Page 9 to 12 of 2L9 03/O2/2OI7 01:18:42 PM 13 15

1 A. Yes. 1 have been involved in dairy farming? 2 O. Okay. You did get a high school 2 A. Yeah. 3 diploma? 3 O. Part of dairy farming is buying and 4 A. Yeah. 4 selling the cows? 5 A. And you graduated from which high 5 A. Risht. 6 school? 6 O. And Holstein is a type of cow? 7 A. Mansfield. 7 A. yes. I O. And after that, you went to Westminster I O. You deal exclusively in that type of 9 College? I cow? l0 A. Yes. 10 A. Black and white. We had a sales 11 a. You said you studied political science, 11 .service that might entail selling anything from beef 12 that's my major, one of them, for a couple of years? 12 to machinery, but we specialized in farm-related 13 A. Yes. 13 sales only. 14 O. And did not receive any degrees, 14 a. w¡ll it be fair to state that t5 though, as a result of that? 15 everything you learned about farming is from, like 16 A. No. 16 you said, growing up on a farm, working on a farm, 17 O. And then came back to come home because 17 and operating a farm? 18 of some type of personal issues or family issues? l8 A. yes. 19 A. The man was quitting. I had come home 19 a. There was no formal training you 20 for Christmas. It was a 414 semester plan. f said, 20 received in that regard? 21 dad, I can help you out for a month. 21 A. No. 22 O. You said the man was quitting; was that 22 O. By formal training, I mean took a 23 your father or -- 23 class, went to agricultural school, or anything like

24 A. No, no, an employee. 24 that, okay. And I can't imagine you used anything in 25 O. So, you came back to work on the farm? 25 political science in farming?

14 16 1 A. Yeah. 1 A. Served on the board of Holstein, yeah, 2 A. Okay. Did you have any specific 2 it come in handy. 3 training in terms of agriculture or farming? 3 a. Just to have the general educational 4 A. A lifetime of farming, publications, 4 background? 5 meetings. 5 A. It is nice to have diversity. 6 O. Okay. You haven't published anything, 6 a. Okay. As of June B, 20L5, describe 7 have you? 7 what your entity was that you were operating. I A. I used to put an ad in Profile. I A. I was operating my farm, which was 9 A. What is that, an ad in Profile? 9 myself. And we had not formally dissolved the 10 A. Holstein. l0 Gor-Wood D partnership yet. That happened in 11 O. Holstein was the name of it? 11 October. There were things that we had contracted 12 A. It basically is advertising for the 12 that wouldn't be up until October, insurance, 13 farm. l3 propefi insurance, Workers'Comp, Holstein was on a 14 A. Okay. To sell milk? 14 year basis. I am trying to think of what else, 15 A. Yeah, cattle, Holstein cattle. l5 But for all practical purposes, my 16 O. Holstein cattle. At one point did you 16 brother and I had been separated for some time and 17 buy and sell cattle? 17 ran our own entities. 18 A. oh, r still do. t8 O. Okay. Let me try -- and you said l9 a. what kind of cattle? 19 Holsteins, is that the same as Gor-Wood D Holsteins 20 A. Holsteins. 20 or is that something different? 21 O. Are they all dairy cattle? 21 A. Gor-Wood D Holste¡ns was our ent¡ty. 22 A. Yes. 22 That was our partnership. 23 a. You don't sell any beef cattle? 23 O. That was a partnership between you and 24 A. No. 24 your brother? 25 O. The whole 46 years you have been there 25 A. And Gordon, my father. 03/02/2017 01:18:42 PM Page 13 to 16 of 219 4 of 55 sheets 17 19 f Q. And Gordon, your father; so, the three I operating farms and he oversaw Go Woody and had partners 2 in that entity were yourself, correct? 2 responsib¡l¡ty for that and received the milk check 3 A. Yes. 3 for that and I received the check at home. Timothy 4 Q. Wood? 4 Q. Were to cows, though, iointly owned by 5 A. Yes. 5 the partnership for both farms? 6 Q. That's your brother. And Gordon Wood, 6 A. They were, but in April, we formally 7 your father? 7 split. I A. Yes. I a. Okay, now, we got to be more specific 9 a. There were no other partners, correct? I as to dates. So, my question was, on June Bth of l0 A. No. l0 2015, were the cows from Go Woody, Tim's farm, and 11 a. So, that partnership was in existence 11 Gor-Wood D Holsteins, your farm, were they jointly 12 on June B, 2015? 12 owned? 13 A. Right, and the partnership was cattle 13 A. No. 14 and machinery only. 14 a. They had split off in April, you are 15 O. Who was responsible for the employees l5 telling me? 16 on the farm? And when I say the farm, I mean the 16 A. Right. We had had meet¡ngs to -- we 17 Gor-Wood you farm were operating, 17 sat down with a lawyer and formally went through a t8 A. r was. 18 procedure that I got the caüle that were up home and l9 O. You were, It looks like the Workers' l9 the heifers and calves that applied to that and he 20 Comp policy covered both farms? 20 got the cattle in Tioga where he had been farming and 21 A. At that time, yes. 21 we split the machinery. 22 a. It also looks like payroll for both 22 a. so, -- 23 farms was done collectively at that time, correct? 23 A. Had an appraiser in and split the 24 A. We were receiving separate milk checks 24 equ¡pment. 25 and Tim would pay me and f would go over and pay 25 O. My understanding is this wasn't 18 20 1 payroll for both of us. 1 completed, though, this process, as of June B, 2015, 2 A. So, all the payroll would run through 2 that it was on ongoing thing about splitting up the 3 Gor-Wood D Holsteins at that time for all the 3 partnership? 4 employees of both Gor-Wood Farms and Gor-Wood D 4 A. Because of the contracts of certa¡n 5 Holsteins? 5 entities, definitely. The intent was, 6 A. I can't say exactly when we stopped 6 formality-wise, we would be done in October, 7 doing that, but in and around that period of time, 7 October lst. yes, paying. I I think I was still I a. But you were still partners on June B, I O. Now, you are telling me that Gor-Wood D I 2015, at least in owning the cattle and the t0 Holsteins, the partnership, consisted of exactly 10 machinery? 11 what? 11 A. Technically. 12 A. Cattle and machinery. 12 O. Okay. And payroll was st¡ll coming out l3 O. So, that would be all the dairy cows? 13 jointly at that time, as far as your understanding, 14 A. Yes. 14 correct? 15 O. Now, there is dairy cows that were l5 A. I would have to check that. t6 milked by Gor-Wood D Holsteins, correct? t6 A. And the milk checks were coming to you 17 A. Yes. 17 and you were then paying Tim for his cows? t8 O. And there is dairy cows that were t8 A. No. 19 milked by Go Woody Farms? l9 O. Okay. It was the other way around? 20 A. Yes. 20 A. He was getting his milk check, I was 21 O. Did you or Tim at that time own any 21 getting my milk check. 22 other farms or operate any other farms? 22 a. Did he give his milk check to you? 23 A. Not milking, no. We had another entity 23 A. He would pay his share of the payroll, 24 that we raised heifers at and another entity where we 24 if I was going over and -- 25 would keep some dry cows at. But those were the two 25 O. So, what you would do is you and Tim 5 of 55 sheets Page 17 to 20 of 219 03/02/2017 01:18:42 PM 21 23

1 would look at the payroll, whatever expenses were 1 BY MR. LIGORIO: 2 apportionable to him, whatever were apportionable to 2 A. When were those minutes transcribed? 3 you, you would split them up and divide the money 3 Were they before? When I say transcribed, when you 4 like that? 4 make the minutes, you had a meeting and it was 5 A, Right, when it came to payroll. But as 5 recorded; that's what you did, correct? 6 far as bills, he would pay bills out of the account. 6 A. Yes. 7 I would not pay his payroll if he hadn't paid. 7 A. Okay. Was that done, those minutes I A. As of June B, 2OLS , did Go Woody and I created, before or after June Bth of 2015, if you 9 Gor-Wood D Holsteins have separate bank accounts? I recall? 10 A. Yes. 10 A. Ongoing. 11 O. And where was your bank account at? 11 O. So, you have an ongoing set of 12 A. First Citizens. 12 corporate -- or not corporate, partnership minutes 13 O. What was in that bank account? I am 13 from partnership meetings? 14 not asking amounts. Like what did you place in that 14 A. Risht. 15 account? Is that where you ran all the milk checks f5 O. That document what you were doing; fair l6 and payroll through? l6 enough? 17 A. Milk checks, cattte sates. 17 A. Yeah. 18 O. And you said you did operate at least 18 O. Okay. Do you know about what time 19 two other entities involved in raising heifers? 19 those minutes start? When I say what time, about 20 A. Well, it was part of the whole farm, 20 what year? Or are they continuous throughout the 21 yes. 21 course of the partnership? 22 A. And you also said selling, but it was 22 A. 201s. 23 all part of the whole process? 23 a. okay. 24 A. R¡ght. 24 A. Yes, we had meet¡ngs periodically over 25 O. Now, you talked about a partnership. 25 things like buying seed, what we wanted to do. But 22 24 1 There is, apparently, a written partnership agreement I as far as dissolution of the partnership, those 2 regarding Gor-Wood D? 2 minutes were -- the tawyer kept some and our 3 A. There was. 3 accountant kept some. And I don't believe the lawyer 4 O. When you say there was, I am assuming 4 came back after June 8th, but I would ask to be 5 the document still exists? 5 checked. 6 A. Yeah. 6 O. Okay. When were the discussions of the 7 A. Okay. And I apologize if I am 7 actual dissolution that are recorded in the minutes? I nitpicking, sometimes the way things come out. I Were they in the early paft of 2015? I MR. LIGORIO: I will make a 9 A. April, May. l0 request for that. That was in the OSHA l0 a. of 2o1s? 11 documents but redacted, 11 A. yes. 12 So, if you want to list the 12 O. So, again, I would ask for all the t3 requests yesterday/ Josh, you asked the l3 minutes. I would ask for all the minutes of the 14 court reporter to list the requests on a 14 partnership, let's just say going a year backwards, 15 separate sheet, do you want to do that 15 because you are saying there won't be any discussed 16 again? f6 of dissolution prior to 2015, fair enough? 17 MR. BOVENDER: Please, 17 A. I didn't file anything away, There may l8 MR. LIGORIO: I would request a t8 be something.

19 copy of the partnership agreement. 19 MR. LIGORIO: I will ask for a 20 BY MR. LIGORIO: 20 copy of all the minutes. You can look 21 A. Likewise, I understand there were some 21 at them. If you feel something is 22 minutes about the dissolution that were prepared? 22 irrelevant, you can let me know if there 23 A. yes. 23 is some issue there; fair enough, Josh? 24 MR. LIGORIO: I would also request 24 MR. BOVENDER: Um-hum. 25 a copy of that. 25 BY MR. LIGORIO: O3/O2/20L7 01:18:42 PM Page 21 lo 24 of 2lg 6 of 55 sheets 25 27 1 O. All right. Who owns the physical real f A. Yeah, by will. 2 estate where this silo was located? 2 Q, Now, you talked about the underground 3 A. Technically, it is still in my mother's 3 rights; that would be for mining and gas, correct? 4 estate, but that would be me. 4 A. Yeah. 5 O. I am not sure what is meant by 5 Q. And that is split up amongst who? 6 technically. So, when did your mom pass? 6 A. Four brothers. 7 A. 2013. It has been 3 or 4 years now. 7 Q. So, you have three -- two other I a. Sorry, by the way. So, is your I brothers other than Tim? 9 mother's estate still open? I A. Right. l0 A. Technically. l0 A. Who are the two other brothers? 11 a. Well, I don't know what technically 11 A. Ted and Bob. 12 means. In fairness -- sure/ you can explain. 12 a. Are they involved in operating 13 A. When I come to the courthouse or 13 Gor-Wood -- or were they involved at any time prior 14 whatever, I still receive tax parcels as Dorothy 14 to June 8,20L5, of operating Gor-Wood D Holsteins? 15 Wood. The surface was given to me upon her death. 15 A. No. l6 The subsurface was split up between us four brothers. l6 A. How about Go Woody Farms? 17 O. And that was through a will? 17 A. No. 18 A. Yeah. 18 a, Did they ever work on the farm? l9 O. So, a will was probated in Tioga l9 A. Atl, as brothers woutd. 20 County? 20 O. So, helping out as family members? 21 A. Yeah. 21 A. Ted had his own excavation business. 22 O. And that shows how the property was to 22 Bob is a real estate agent. So, if there was 23 be split up from your mother's estate? 23 someth¡ng he could help us out with real estate sales 24 A. Yeah. 24 or buying something. Ted, once in a while if I had a 25 O. All right. And does your father own 25 sewer line plugged or something, he would help out. 26 28 1 property any of the currently? 1 A. So, they would come and do things but 2 A. No. 2 it doesn't sound like they were ever involved in 3 a. Does your father own any of the 3 dairy farming or they weren't involved in dairy 4 property as of June B, 2015? When I say the 4 farming as of June 8, 2015? property 5 -- 5 MR. BOVENDER: Is that a no? 6 A. No. 6 THE WITNESS: No. 7 a. -- I am talking about specifically 7 BY MR, LIGORIO: I where this happened. 8 O. Do you have gas leases on that I A. No. I property? 10 A. Okay. What you are telling me is what l0 A. yes. you 11 think is it still was never transferred from your 11 O. Are there active wells on the property? 12 mother's name to your name, it is still part of an 12 A. yes. 13 estate? 13 A. And I won't ask the specifics, but you 14 A. Technically. 14 are collecting gas leases, collecting money from gas 15 O. Again, did you ever receive a statement 15 companies, or however that works -- l6 indicating the estate was resolved? When you do 16 A. Yeah. 17 that, you get a tax return and you pay the estate 17 O. -- on the property? 18 taxes and the deeds are transferred, 18 MR. BOVENDER: Just wait until he 19 A. I received a written statement saying 19 gets the whole question out before you 20 that the state had recognized the transfer. 20 give your answer. That way you know 21 MR. LIGORIO: I make a request for 21 what the question is you are being 22 that one, as well, 22 asked. 23 BY MR, LIGORIO: 23 BY MR. LIGORIO: 24 a. And the surface of this pafticular area 24 O. It sounds like the proceeds from the 25 where the silo was transferred to you? 25 gas leases are split amongst the four brothers? 7 of 55 sheets Page 25 to 28 of 219 03/O2/2OI7 01:18:42 PM 29 3'l

1 A. Yes. 1 your billing, your bills of sale and things like 2 O. Is dad involved in that at all? 2 that, or was it? 3 A. No. 3 A. No, because Tim was using Go Woody for 4 O. Does dad own anything at all with 4 a year and a half. 5 regard to the farm? Again, as of June B, 2015, does 5 O, I saw a variety of documents, Just 6 your father, Gordon Wood, own any of the property on 6 give me a minute -- so, for example, if we look at 7 or around the farm? 7 the State Workers' Insurance Fund audits, they still I A. Not that farm. 8 list the entity as Gor-Wood D Holsteins? 9 a. Not that farm. He has other farms he I A. Right. We vvere contracted for a year. 10 owns? 10 O. When you say contracted, with the State 11 A. Yes. 11 Workers' Insurance Fund? 12 O. I am going to ask you some questions. 12 A. Yes. 13 There were some pleadings in this case. Pleadings 13 a. And the notice that listed the 14 are technical legal things we filed, the Plaintiff 14 compensation relative to Jason was Gor-Wood D l5 makes allegations and you file the answers. 15 Holsteins, correct? 16 In my Complaint, I pled that you 16 A. Yes. 17 operated the dairy farm known as Gor-Wood D Holsteins 17 O. And the bills that I saw from Cole 18 on June 7,20L5, In your Answer, it said it is l8 Farms and you also gave me some things from Fallbrook

19 specifically denied that Ronald Christopher Wood 19 Equipment, were they addressed to Gor-Wood D 20 operated the dairy farm known as Gor-Wood D 20 Holsteins? 21 Holsteins, improperly designated as Gor-Wood 21 A. I am not sure. 22 Holsteins, Inc., on June 7, 2015. 22 O. I have to look at those. 23 I am confused as to why you are denying 23 A. I think they were addressed to Ron 24 that you were operating the farm on that date? 24 Wood, but they may have been addressed in both ways 25 A. I was operating it as Woodridge, as 25 because we used Travis multiple years.

30 32 1 Ronald Wood. 1 A. So, for example -- 2 O. Okay. What is Woodridge? 2 MR. LIGORIO: This is your 3 A. My farm. 3 RPD0449. 4 A. Is that a partnership? 4 BY MR. LIGORIO: 5 A. No. 5 O. The billings from Fallbrook 6 A. Is that a corporation? 6 Fabrication, Inc,, what ¡s that company? 7 A. No. 7 A. That is a person that does the sales -- I O. Is that a registered fictitious name? I or silo repairs and barn cleaner repairs and stall 9 A. It ¡s a reg¡stered prefix. 9 repairs. 10 O. And where is that reg¡stered, here in 10 O. And you produced, in response to my 11 Tioga County? 11 discovery request, several years of billings from 12 A. With the Holstein Assoc¡at¡on ¡n 12 Fallbrook Fabrication and they go right through July 13 Brattleboro, Vermont. 13 of 2015. They are all llsting who they billed as 14 a. What does that do? What does Woodridge 14 Gor-Wood Holsteins, correct? 15 Farms do? 15 A. Correct. 16 A. It sells milþ sells cattle. 16 O. Gor-Wood D Holsteins. I wasn't sure if 17 O. What was Gor-Wood D Holsteins Farm 17 that was a parentheses or D. 18 doing at all as of June 7, 2015? 18 A. No, it is a hyphen. 19 A. For all essential purposes, ¡t was 19 o. And the billings from cole, I think, 20 dissolved. 20 are the same? 21 O. However, that was still the name that 21 A. The Fallbrook billing, as can happen 22 was on the payroll, correct? 22 w¡th any business, has been carried over. We have 23 A. f do believe; I am not sure. 23 had situations where they still were calling us 24 O. Well, we can look at some of those 24 Gor-Wood D and I have called on multiple occas¡ons to 25 documents. And that was st¡ll the name on all of 25 have them changed. 03/O2/20L7 01:18:42 PM Page 29 to 32 of 219 I of 55 sheets 33 35 1 A. The only difference between Gor-Wood D 1 or do you mostly sell? 2 and -- well, you tell me. What are the actual 2 MR. BOVENDER: Note my objection 3 differences between Gor-Wood D Holsteins and the 3 to the form. 4 entity of Woodridge Farms? Are we spelling that 4 THE WITNESS: Both. 5 right, W-O-O-D-R-I-D-G-E, Farms? 5 BY MR. LIGORIO: 6 A. Yes, Woodridge Hotsteins. 6 O. Okay, You would have documents in June 7 O. Woodridge Holsteins. And that's just 7 of 2015 indicating you bought and sold cows or milk 8 one word, Woodridge, and then Holsteins? 8 under the name Woodridge Farms? 9 A. But it's just Ron Wood. I A. yes. 10 O. That -- l0 O. When do you think you last bought or 11 A. No partnership. 11 sold anything under the name Gor-Wood D Holsteins? 12 O. You are saying that you didn't have any 12 A. I am not really sure. Tim was running 13 partners you -- don't have any partners now? 13 a separate account, like f said, for a year and a 14 A. No. 14 half. I may have continued to use the Gor-Wood D 15 O. You did have a partnership agreement 15 account as Ron Wood, but f am not exactly sure. f6 which was still in effect on June 7,2OIS, it was not l6 Because of the closeness of the split, there were 17 officially terminated; fair enough? 17 things that were taking time to process, tike yes. 18 A. l8 splitting bank accounts and splitting whether the 19 a. You were in the process of winding down 19 checks had been formulated or not, I don.t know. 20 or terminating that partnership at the time? 20 O. Regardless of whether we call it 21 A. It had dissolved but it had not been 21 Woodridge Farms or whether we call it Gor-Wood D 22 formally closed out. 22 Holsteins, what the entity was on June 7, 2OLS, you 23 O. Because you still had contracts that 23 were the person primarily responsible for operating 24 you needed to complete as Gor-Wood D Holsteins? 24 that farm? 25 A. Risht. 25 MR. BOVENDER: Note my objection 34 36 1 O. One of the contracts was the Workers' 1 to the form. You can answer. 2 Comp insurance contract, correct? 2 THE WITNESS: yes, 3 A. Yes. 3 BY MR. LIGORIO: 4 A. All right. Also, there is insurance 4 a. There was no one else responsible for 5 involving the specific incident, the insured on that 5 that farm, in your opinion? 6 is Gor-Wood D Holsteins. Was that another contract 6 MR. BOVENDER: Note my objection 7 that remained in effect as of June !7, 201,5, to your 7 to the form. You can answer. I understanding? I BY MR. LIGORIO: I A. Ran out in October, yep. I O. You can answer, 10 MR, BOVENDER: you said June 17th. l0 A. Yes. 11 MR. LIGORIO: June 7th, I 11 O. Another thing I asked you in the 12 apologize. 12 Complaint was about wheÈher agents of Gor-Wood D l3 BY MR, LIGORIO: l3 Holsteins filled the silo with haylage on June 7, 14 a. Any time I say June 7th, it is June 7th 14 2015. You did admit that agents acting on behalf of t5 of 2015. l5 Gor-Wood D Holsteins filled the silo. you admitted l6 So, that's another contract that still l6 that in your Complaint and then you denied the rest 17 the paftnership held and was still utilizing to 17 of it. Well, you said there is also an independent 18 operate the farm as of June 7, 2015, correct? 18 contractor involved in that, but you did admit that yes. 19 A. l9 in your Complaint; fair enough? 20 O. How about sales contracts for milking 20 MR. BOVENDER: Note my objection 21 cows, were they going out? 21 to the form, You can answer, if you 22 A. They were separate. 22 understood the question. 23 O. So, you would have a separate ledger 23 THE WITNESS: Could you be more 24 showing all sales listlng the seller, because you 24 specific? 25 mostly sell stuff? Well, you buy cows, too, I 9UeSS, 25 BY MR. LIGORIO: 9 of 55 sheets Page 33 to 36 of 219 03/02/2017 01:18:42 PM 37 39 1 a. Why did you admit that agents acting on 1 O. Did you look in the top of this silo 2 behalf Gor-Wood D Holste¡ns filled the silo with 2 and see the unloader blocked before June 7th of 2015? 3 haylage on June 7, 20L5, in your Complaint? 3 A. I can't climb. 4 A. Because we had hired a contractor to 4 O. Okay. So, you never personally looked 5 chop and haul silage. 5 down from the top of the silo to see what it looked 6 O. And when you say we, you mean Gor-Wood 6 like in the days leading up to Jason Kingsley's 7 D Holsteins? 7 death? I A. I mean me. I A. I had to ask my other men to do it. 9 O. okay, I O. I understand that. Did you ever climb 10 A. The farm. l0 up to the top of the silo and look down it? I am 11 O. I gotcha. And I understand we talk 11 sure you did at some point, 12 about the farm, it has changed names and entities and 12 A. Yeah, I used to do that all the time, 13 even owners, but it's all the same farm, right? 13 but my knees, I have got to the point where I have 14 MR. BOVENDERT Note my objection 14 trouble stepping up on one step. 15 to the form. t5 O. Understood. When is the last time you t6 BY MR. LIGORIO: 16 personally were able to go up and look in the silo? 17 O. Answer. 17 Just give me a ballpark, 18 A. The process of -- you say we after a t8 A. 1O years, 15. l9 long time. It a Iittle hard for me to drop the we t9 O. So, you really can't tell me much about 20 part. 20 these p¡ctures; fair enough? 21 a. Okay. And, of course, we talked about 21 A. Well, when the unloader is down at 22 this, you denied that you actually owned the property 22 ground level, yes. I mean, for all the years I have 23 where the silo was located. You are telling me that 23 climbed silos, if somebody -- I said you got to be my 24 it is likely -- I am still unclear as to that. 24 eyes. 25 A. I am, too. 25 MR. BOVENDER: He is asking about

38 40

1 a. Okay, fair enough. And we can take a 1 these pictures. 2 look at the estate documents and the deed. We can 2 THE WITNESS: Tell me what you 3 determine whether the property has been transferred 3 see. 4 or what state it is. Obviously, I don't want to get 4 BY MR, LIGORIO: 5 tangled up here in not having the right entity sued, 5 O. He could say. 6 so, that's why I am spending so much time on this. 6 A. Tell me what you see. And, yeah, I 7 Let's talk about the specific silo. I 7 would have to have somebody else verify that because I am going to show you some photographs and we are 8 I was never at the top. I going to take a look at them. And I have all the 9 A. Understood. Do you recognize that as l0 photographs from yesterday. 10 the unloader in this particular silo? 11 First, I am going to show you a series 11 A. I can't say specificalln but it looks 12 of pictures. And I will represent to you that these 12 ¡r. 13 are pictures from Jason Kingsley's cellphone. And 13 A. Fair enough. I will show you some 14 Eric Stone indicated yesterday that they depict the 14 other photographs and we will mark some of these. l5 unloader in the silo on or about January 7th of 2015. 15 The first is a picture of a silo, Can 16 I will ask you to take a quick look at 16 you identify in that picture the specific silo where 17 them, Mr. Wood. And, first of all, have you ever 17 Jason's death occurred? 18 seen them before? 18 A. That looks correct. l9 A. No. 19 A. And when you say that, that's the silo 20 O. Do you want to take a look at them? 20 that ¡s centered in this photograph? 21 A. I was kind of glancing but -- 21 A. Yes. 22 O. Take a quick look. If you don't 22 a. And there is a white tube running up 23 recognize them or can't identify them, let me know. 23 the side; what is that? 24 Mr. Stone already did. 24 A. That's a silo pipe, a fill pipe. 25 A. Yeah. 25 O. What is that used for? O3/02/2OI7 01:18:42 PM Page 37 to 40 of 219 10 of 55 sheets 41 43 1 A. Blowing silage up. 1 June 7, 2015? 2 O. And then next to it there is a ladder; 2 A. Haylage. 3 what is that used for? 3 a. Ail right, what is haytage? 4 A. Climbing up and down. 4 A. Somewhat dried grass, legume sitage. 5 O. Getting into the silo from the outside? 5 O. By legume, you mean beans? 6 A. Yeah, you woutd only be able to access 6 A. Alpha, alpha clover would be legumes. 7 from the outside if it was right at the top. 7 O. That's what you use to feed the cows? I O. I don't understand. They would only be 8 A. Yes. The more legumes, the higher the I able to access what from the outside? I protein content. l0 A. It depends on how far you wanted to 10 A. You used a combination of both to feed? 11 jump out. You would go up the inside. The outside 11 A. Well, our ground up there is not the 12 was for v¡ew¡ng or capping silos or seeing if things 12 best, so grass. 13 were functionin g properly. 13 A. Okay. So, this is the silo room. So, 14 a. So, this wasn't designed as either an 14 explain how this operates to get the feed from the l5 entrance to the silo or an exit? 15 silo to the cow. 16 A. It was designed to access the top, if t6 A. From the silo room? 17 you had silage or something there, yeah. 17 O. Yeah. 18 O. Okay. So, you could go in that way? 18 A. This is a chute (indicating). l9 A. You could, but your sitage woutd have l9 O. Now, you are pointing to? 20 to be up to that level. 20 A. There is one on the other side of the 21 O. Otherwise, you would have to jump? 21 silo we referenced, yes, that would be a chute. 22 A. Exactly. 22 a. I will represent that according to the 23 a. I gotcha, We will talk a little bit 23 State Police report, this is the chute in the silo in 24 more about that when we get inside the silo. 24 question. 25 MR. LIGORIO: We will mark that as 25 A. correct. 42 44 1 Wood 1. 1 O. Does that appear to be that chute? 2 (At this time Wood 2 A. It would be hard to tell but, yes, it 3 Exhibit No, 1 was marked 3 appears to be. 4 for identification.) 4 O. Okay. Keep explaining, Mr. Wood, what 5 BY MR, LIGORIO: 5 you were telling me. 6 a. Tell me what the next picture shows. 6 A. Well, you asked how we woutd feed. you 7 A. What do you want me to answer? 7 would climb -- or you wouldn't have to climb, your 8 a. Tell me what that shows. I unloader would be set up and ¡t runs at or on the 9 First of all, is that the same silo, 9 surface of the silage and slowly goes around the 10 the silo with the ladder on it in this picture? 10 silo, augers it into a little blower, throws ¡t out a 11 A. Yes. 11 goosenecþ and it comes down the chute to a cart in 12 O. And there is a little shed there on the 12 the bottom. Or you could make a pile at the bottom. 13 bottom? 13 A. So, there is a blower that is attached 14 A. Yeah, that's the silo room. 14 to the auger? l5 O. And what happens in the silo room? 15 A. Yes, there is a fan. 16 A. You put carts and center underneath the 16 a. A fan? 17 chutes, and as they fill, it fills the carts. 17 A. With a motor. l8 a. And then you take the haylage in this, 18 a. With a motor and a gooseneck, so like l9 the haylage? l9 an elbow pipe? 20 MR. BOVENDER: Note my objection 20 A. No elbow, it is literally a gooseneck. 21 to the form. 21 f was looking to see -- no, f don't see ¡t p¡ctured 22 THE WITNESS: Tell me what you 22 but it may have been on one of the pictures there. 23 want to know. 23 A. Okay, we could find it later. 24 BY MR. LIGORIO: 24 I understand that in the chute about 25 O. What was the silo filled with on 25 every foot or so there is, essentially, a door, like 11 of 55 sheets Page 41 to 44 of 2t9 O3/O2/2O17 01:18:42 PM 45 47 I a 10 X 10 open space? 1 A. Well, you said universally. 2 A. That's right. 2 O. I guess you are right, 3 O. On the interior of the silo? 3 A. In India and Australia, as they use a 4 A. That's right. 4 seasonal grazing and as things change, but there are 5 A. So, the gooseneck would then blow it 5 people that milk once a day. There are people that 6 through those doors depending on whatever level it 6 milk four times a day. 7 was? 7 O. In your 46 years, last 46 years, I I A. As you went down the silo, you would I guess your entire life working on this farm, were the 9 have to lower the chute and set it up to another 9 cows milked twice a day, pretty much every day? 10 door, yes. t0 A. Pretty much. 11 A. Does that have to be done manually? 11 (At this time Wood 12 A. Yes. 12 Exhibit Nos. 2 and 3 were marked 13 O. All right. So, how many times does it 13 for identification.) 14 have to be -- somebody has to go in there and move 14 BY MR. LIGORIO: l5 it? 15 a. Is that another picture of the silo in 16 A. At least once a week, sometimes twice a 16 question right there? 17 weeþ depending on how much you were feeding from 17 A. Yes, and that shows the chute. t8 that particular silo. 18 MR. BOVENDER: Wait until you are l9 a. Move it down and then it blows the 19 asked a question. 20 silage into the chute, goes to the bottom, right? 20 BY MR. LIGORIO: 21 A. Yes. 21 O. On the right-hand side of that 22 O. By gravity, I take it, correct? 22 picture -- 23 A. Yeah, 23 MR. LIGORIO: We can mark these 24 O. Some of my questions may be stupid but 24 collectively, if you want, to make it 25 you got to answer them, anyway. 25 easier.

46 48

I A. All right. 1 MR. BOVENDER: Let's keep them 2 Q. It goes to the bottom and then an 2 individually. 3 employee of the farm then takes it and feeds the 3 MR. LIGORIO: I am going to 4 cattle? 4 probably mark them all, to avoid getting 5 A. Right. 5 them out of order. 6 O. How often do the cattle -- I am saying 6 (At this time Wood 7 cattle, I guess they are the same thing, I mean the 7 Exhibit No, 4 was marked 8 cows, right, in this case? I for identification.) I A. We feed twice a day. Some people feed I BY MR. LIGORIO: t0 more. ft is up to the individual farmer how they l0 O. This is another picture of the same 11 want to do ¡t. 11 thing, more or less, right? 12 O. That's important, though, that the cows 12 MR. BOVENDER: Same thing; what 13 be fed twice a day, right? 13 same thing? 14 A. If you want milk. 14 MR. LIGORIO: The silo. 15 A. And you milk twice a day, correct? 15 BY MR, LIGORIO: yes. 16 A. 16 a, Can you tell what silo in that picture 17 O. And my understanding is that is 17 is the one that Mr. Kingsley died in? 18 standard in any dairy farm, all cows, pretty much? l8 A. I would assume this one (indicating) 19 A. Some people milk three t¡mes a day. It 19 a. The one on the right. You didn't take 20 is becoming more standard. 20 these pictures, correct? 21 A. But, universally, at a minimum, dairy 21 A. No. 22 cows have to be milked twice a day every day? 22 a. Have you seen these before? 23 A. Universally, some people milk once a 23 A. No. 24 day. 24 (At this time Wood 25 a. Pretty unusual, though? 25 Exhibit No. 5 was marked 03/02/20L7 01:18:42 PM Page 45 to 48 of 219 12 of 55 sheets 49 51 1 for identification.) 1 A. And you can see that table there? 2 BY MR. LIGORIO: 2 A. That's a better picture, yes. 3 a. Did you read the State Police report in 3 a. This shows the whole apparatus. So, 4 this case? 4 you have the pay loader and then that was either used 5 A. After a year, I saw -- I did see -- 5 to haul or move the table, correct? 6 well, I was present when f told the state troopers 6 A. No. 7 what I told them, but I believe you guys showed me. 7 (At th¡s time Wood I MR. BOVENDER: No, you can't talk I Exhibit No. 7 was marked

I about what we say and what we discussed. I for identification. ) l0 That's privileged. l0 BY MR. LIGORIO: 11 THE WITNESS: Okay. 11 O. Okay. What was that there for? 12 BY MR. LIGORIO: 12 A. I am not really sure. I think the silo l3 A. Let me ask you this: At some point 13 had been filled the night before and there was some 14 your lawyer gave you the police report to look at, is 14 silage on the table. You cannot move that table with 15 what you are telling me? l5 silage on it. The weight causes it to bend and bow, 16 A. At some point later I saw police l6 so, you have to take the silage off of it. I am 17 reports. 17 guessing you would use a tractor or a sk¡d steer to l8 a. Okay. But you didn't look at it 18 move that around to any of the other silos. 19 shortly after this incident? When I say shortly 19 O. When it is empty? 20 after, within the weeks or months thereafter? 20 A. Yeah, that would be too big of an item. 21 A. No. 21 O. How would you move it when it is filled 22 O. Did you look at it specifically today 22 with haylage? 23 in preparation for your deposition? 23 A. You woutdn't. 24 A. No. 24 a. So, it's just there to catch it and 25 O. Did you look at any documents 25 then you unload it?

50 52 1 specifically today in preparation for your 1 A. yes. 2 deposition? 2 O. Then there is a tractor here that 3 A. No. 3 appears to be hooked up to a device. Tell me about 4 O. Have you seen these p¡ctures before at 4 that. 5 any time? 5 A. That's the blower. The table slowly -- 6 A. No. 6 there is a belt here that runs slowly across, and the 7 A. This is another picture of -- I guess 7 table has two augers behind this panel. And they I that's a pay loader? I slowly turn the silage down onto this belt, it feeds I A. Yes. I across and goes ¡nto th¡s blower being powered by 10 A. And there is an item in front of that. l0 this tractor and that blows it up the silo. 11 Mr. Stone told me that's called a table? 11 (Indicating). 12 A. oh, yeah, yeah. 12 O. Through the filling tube? 13 A. And it looks like that is something l3 A. Yes. 14 that haylage is put into and then it is transported 14 O. And that's how you fill the silo with t5 to feed the cows? l5 haylage? l6 A. They back up with their trucks, ra¡se l6 A. Yes. 17 them, dump onto the table. When the truck is empty, 17 o. Is there any other way to fill the t8 they pull out and 9o. l8 silo? 19 (At this time Wood 19 A. A bucket. 20 Exhibit No. 6 was marked 20 O. A lot of trips to the top, right? 21 for identification.) 21 A. I have never tr¡ed it any other way. 22 BY MR. LIGORIO: 22 A. I understand that. For practical 23 O. And here we see the silo. It is the 23 intents and purposes, these were two other pictures 24 whitish silo. Is that the one that was in question? 24 of the chute showing what you would see from looking 25 A. Yes. 25 down into the chute; is that fair? 13 of 55 sheets Page 49 to 52 of 2I9 03/02/20L7 01:18:42 PM 53 55 1 A. Yeah, it looks correct. I am not sure f A. Here is your chute. The cord is in the 2 if you are looking down or up. I think you are 2 chute. I would say that is a door. That is the 3 looking up, 3 concrete that is between doors. 4 A, Okay, I see the two little open doors 4 Q, okay, I appreciate that. 5 there. That would be probably -- 5 A. See, the cord is in the chute. 6 A. If you were looking down, that would be 6 Q. I gotcha. 7 clear. I think you are looking up, because there is 7 A. There is the chute right there 8 two little window lights at the top. Maybe if one of I (indicating). 9 your photos showed it. I O. Point for me where the haylage would 10 a. I think one of them does show it pretty l0 come out of the chute. That's what I am trying to

11 well. 11 a scerta i n. 12 A. I didn't see it. ff I see it, I will 12 A. Like this (indicating). 13 tell you. 13 O. So, you are pointing up towards the top 14 A. All right, I appreciate it. 14 there is a hole there. I can't see it. There would 15 (At this time Wood l5 be an open area there where the haylage -- t6 Exhibit Nos. I and 9 were marked 16 A. That darkness, it is an optical 17 for identification.) 17 illusion. 18 BY MR. LIGORIO: 18 a. What is actually there that we can't f9 O. The next one, is that the floor of the 19 see? 20 silo room? 20 A. Technically, I thinþ if you went like 21 A. That was that day, yes. 21 this, does that make the circle look better to you 22 a. Now, I see -- 22 (indicating)? 23 A. Or the next day. 23 a. I think it does. So, what we have here 24 a. I see there is an electrical hookup 24 is there is a circular open area and then what you 25 there, right? 25 are seeing is the back wall and maybe because it ¡s a 54 56

1 A. Yes. 1 half circle? 2 O. What is that usually hooked to? 2 A. Risht. 3 A. Normally, that would be at the top of 3 a. It looks like it is a flat surface? 4 the silo and would hook into the unloader to power 4 A. Right. And sometimes we put a cone on 5 the unloader. So, this is raised or lowered as the 5 this frame and it brings it down into a phallic like 6 silo is filled. So, you would take it to the top and 6 structure and that feeds it into an area that big 7 start bringing that down with the unloader. 7 instead of this big (indicating). I O. Why would it be all the way down here I O. And then it could be pitched out or 9 if the unloader was all the way up the top? 9 pulled out by the workers and then taken to feed the l0 A. It looks like they had changed the t0 cows, right? 11 plug. It looks like a relatively new plug. It would 11 A. Well, once your cart is filled, you 12 be a lot easier to do it down there than climb to the 12 shut it of off, 9o feed it, go bacþ and fill it up 13 top. l3 again. 14 O. Wouldn't they go up and have to hook it 14 (At this time Wood l5 up at some point to run the unloader? 15 Exhibit No. 10 was marked 16 A. Well, you would have to go up and set 16 for identification.) 17 up the unloader, anyway. You just take it up with 17 BY MR. LIGORIO: l8 you. l8 a. What does that show? 19 A. Now, there is a spot there -- and I am 19 A. That's another paft ofthat structure 20 pointing to it with a pen. You could mark an X on it 20 we call the silo room. This is the structure between 21 or I can mark an X on it. What is that? Is that the 21 the next two silos. 22 bottom of the chute? 22 A. Are either of these two silos the silo 23 A. That's an optical illusion, but I will 23 in question? 24 say, no. 24 A. That one, the white one. 25 A. okay. 25 O. The one on the left. O3/O2/2OI7 01:18:42 PM Page 53 to 56 of 219 14 of 55 sheets 57 59

1 A. If you notice, this is a concrete sito 1 (At this time Wood 2 built by Sollenberger. This is a rib stone silo 2 Exhibit No, 12 was marked 3 built with staves and ribbing. 3 for identification.) 4 a. Sollenberger is the manufacturer? 4 BY MR. LIGORIO: 5 A. Yes. The reinforcement rods are inside 5 a. This is another one that shows the base 6 that concrete. It ¡s really constructed solid. 6 of the silo on the left from a different angle with 7 O. And it is S. S., is the symbol for 7 the tractor on the side which was used to pump the I Sollenberger? I haylage? I A. Yes. 9 A. yes. 10 A. Do you know when this silo was 10 A. And the haylage was in what we are 11 constructed? 11 call¡ng the table? 12 A. '87 or'88. 12 A. Yes. 13 a. And does Sollenberger come in and l3 a. who filled that table with silage, if 14 construct it on the prem¡ses? 14 you know? 15 A. Yes. 15 A. The truckers. l6 A. Did they have any responsibility after l6 a. The truckers. Who are the truckers? 17 they construct it for continuing to maintain it? 17 A. They were employed by Mr. Cole. 18 A. No. They have services, but we have 18 O. Did you at any time observe personally 19 not had to utilize them on that silo. 19 on June, let's say, 4th, 5th, or 6th or 7th, the 20 a. So, if there is some type of structural 20 filling of this silo, if you remember? 21 problem, you would bring them back in or somebody 21 A. Personally? 22 else who could do that type of work? 22 A. Personally, did you see it getting 23 A. Yeah. Their business ¡s construct¡ng 23 filled? 24 s¡los, I don't know of anything else they do. You 24 A. I was mowing hay. I came up the road 25 m¡ght use them -- let's say that the roof blew off, 25 with the mower. My nephew was -- come up. f 58 60 1 you might use them to put a new roof on. I stopped. I was near his house. Asked him to run me 2 MR. BOVENDER: Wait until you are 2 back down to my car, and when I came back up, they 3 asked the question. 3 had stopped. And that was roughly at 7:30. 4 BY MR. LIGORIO: Okay. I think he 4 Q. Take a step back. Who is your nephew? 5 is answering the one that was already 5 A. Chris Wood. 6 pending, more or less. 6 Q. Chris Wood. Does he work for Wood or 7 From my perspective, Mr. Wood, you 7 does he work for you? Does he work for Woodridge? I can say whatever you want, but, I A. No. I ultimately, if your lawyer -- 9 a. Who does Chris Wood work for? l0 MR. BOVENDER: No, I totally 10 A. Pennsylvania State Forest Management. 11 disagree with that instruct¡on. 11 a. I am assuming he wasn't on the farm in 12 MR. LIGORIO: From my perspective, 12 that capacity? l3 he can say whatever he wants. If you 13 A. No. 14 want to tell him stop, you can, 14 O. When he was on the farm filling the 15 We will mark what one. l5 table with haylage, who was he working for? t6 (At this time Wood 16 A. Who? 17 Exhibit No. 11 was marked 17 A. Who, yes. Who was employing him? l8 for identification. ) l8 A. who? l9 BY MR. LIGORIO: 19 A. Chris wood. 20 O. This looks like a close-up of the 20 A. He is my nephew. He lives down the 21 picture we saw before about the optical illusion. 21 road. f just asked him if he would come up and run 22 You can connect that better on that one? 22 me down to my car. 23 A. Better on that one. 23 O. Okay. So, he wasn't involved in 24 O. okay. 24 working on the farm at all? 25 25 A. No. 15 of 55 sheets Page 57 to 60 of 219 O3/O2/2O17 01:18:42 PM 61 63

f Q. Okay. I got confused. Okay. When I 1 then you hired Travis Cole or Cole Farms, is that 2 asked who filled this, that's where Chris Wood came 2 correct? 3 up. 3 A. Yes. 4 A. No. 4 O. Now, somebody else was working with him 5 Q. You said the truckers fill it? 5 and I can't recall the name for the life of me who 6 A. Travis Cole is hired to chop, And I 6 was working with Travis. 7 also pay -- you saw the bills -- two trucks. It is 7 A. I am not sure who he had on with I his drivers. He runs the chopper. And once they put I truckers that day. I it in that table, that's all I hire them for is to 9 A. One of them is related to you, I 10 chop and haul. f mow. We rake the windrows 10 believe? 11 together. After it goes through that table, that's 11 A. No, Tyler, my nephew, had driven for 12 all our responsibility. If the table breaks down, it 12 Travis in the past. 13 has nothing to do with Cole. l3 O. What is Tyler's last name? 14 O. You said you roll the -- and forgive 14 A. wood. 15 me, I don't know a lot about farming -- you said you l5 O. Tyler Wood. Eric Stone yesterday, I am l6 roll the wind gates? 16 pretty sure, told us that Tyler Wood was involved in 17 A. windrows. 17 this process specifically working for Travis Cole at l8 O. what are they? 18 that time? 19 A. Hay as it comes out of a mower and in a l9 A. I can't say I recall, but I know that 20 windrow. 20 he had helped Travis in the past. But to say he was 21 O. So, you have a piece of equipment, you 21 present that day, I don't know. 22 go out and you mow the hay, meaning, you cut it down? 22 A. Okay. And that's a fair answer, you 23 A. Yeah. 23 just don't recall. 24 O. Okay. And then what happens next? 24 A. But if Eric said Tyter was there, I 25 A. It cures and then you chop. Or if it 25 would probably thinlç okay, must be Tyler was still 62 64 1 gets dry enough, you bate. 1 helping Travis then. 2 O. The silo you used for feed wouldn't be 2 O. By helping him, you meant working for 3 the silo you baled, right -- well, I guess you could 3 him? 4 use it to bale the hay for feed? 4 A. Yeah. He had anotherjob, but he 5 A. No, I wouldn't recommend putting -- dry 5 hauled concrete. But if it was on a weekend, Tyler 6 in a silo does -- you are asking for a lot of mold 6 might help him out. 7 and problems with oxygenation. 7 A. And he would be one of the, what you I O. I just assumed that whatever is baled I described as, a trucker, correct? I doesn't go into the silo? I A. That's all he would do is drive truck l0 A. Ideal moisture is what you shoot for, 10 for Travis. 11 not too wet, not too dry. 11 O. When they say drive a truck, from where 12 A. We will get to that eventually, but I 12 to where? t3 am still confused as regards to Cole. So, you 13 A. From the field to the silo and back. 14 retained Cole. They have a harvester, correct? 14 O. So, the harvester chops it all up? l5 A. A chopper, yes. 15 A. Yes. 16 O. A chopper. What is a chopper? 16 a. And then it is put in a truck? 17 A. You might call it a harvester. 17 A. Blows it either into a truck or ¡nto a 18 O, What is it? Describe it to me. 18 dump wagon that raises and dumps into the truck. t9 A. Well, the reason I acted perplexed, 19 O. So, either an actual dump truck -- 20 there is another type of silo called harvester, also. 20 A. If the ground is dry enough, they will 21 O. You correct me if I am mixing farm 21 drive the truck besides the chopper. 22 terms up. 22 A. Follow it around? 23 A. No. I wasn't sure where you were 23 A. If it's too wet, they blow it into a 24 wanting to know. 24 dump table, bring it out on a more solid structure 25 a. Well, we got to you mowing the hay and 25 and dump it in. 03/O2/2OL7 01:18:42 PM Page 61 to 64 of 219 16 of 55 sheets 65 67 1 A. And that's all handled by Cole? 1 A. Yes. yes. 2 A. 2 a. And Eric thinks -- it is his 3 O. And they then take it and they put it 3 recollection June 7th, the day of -- or is it 4 in this table? 4 June Bth, the day of Jason's death, was a Monday. I 5 A. They back up to that table, raise up, 5 don't know if you recall the specific day or not? 6 and it is slowly starts feeding out. And ¡t takes 6 A. Yes, I do. 7 awhile for the s¡lage to come out, but as soon as 7 O. Do you recall the specific day? I that silage is out and in the table, they lower their I A. We were filling on Sunday. I truck and get down to the field as fast as they can. 9 a. Now, Eric believed that the filling was l0 O. Why do they go so fast? l0 done on Friday or maybe even Thursday. So, I don't 11 A. As fast as they can because the 11 want you to -- if you are not certain -- 12 harvester would be waiting. And besides that, I pay 12 A. I am very certa¡n. 13 him, so it is nice to make sure that they are -- he 13 O. So, you are certain that this silo was 14 only pays me his chopper when that head is running. 14 filled on a Sunday, the day before Jason entered? t5 O. You only pay him for the chopper when l5 A. yes. 16 it is running? l6 A. Who makes you so certain? 17 A. When the head is running. So, idle 17 A. Because I could only get him on the 18 time to him costs him money. It ¡s a pretty l8 weekend. l9 efficient -- l9 a. Get who on the weekend? 20 a. That's true of any employee? 20 A. Travis. He had other obligations and 21 A. It's a pretty's efficient system. 21 he said he would be there on either Saturday or 22 O. Now, who hooks this all up? Who hooks 22 Sunday. So, I was mowing hay and getting ¡t down 23 it up to the blower? 23 ready for him to chop and they pulled in and we had a 24 A. Usually, my men. 24 Iot of hay down and we filled silo. 25 O. When you say usually, were the Cole 25 a. When you say we filled the silo, we, 66 68 1 people ever involved in hooking it up to the blower 1 meaning who? 2 to pump it into the silo? 2 A. The team. 3 A. They might have helped move the table 3 O. Who was on the team? 4 between silos at times. 4 A. Let's see, that was Sunday, who was 5 a. Do you know whether -- first of all, 5 raking hay that day? I believe Ray Allen would have 6 let me ask you this: Do you know who filling this -- 6 been running the rake, but I can't say for sure 7 these pictures were taken after Jason's death, as we 7 because Eric was in the barn and had been instructed I know. This is still hooked up, so, the filling I if this silo got full, to move it to another silo. 9 process was, obviously, complete because we know it 9 O. This is on Sunday? 10 was -- was this hooked up when Jason went in the silo t0 A. Yeah. 11 or was this hooked up afterwards? 11 O. When is the first time you discovered 12 MR. BOVENDER: Note my objection 12 that the silo had been overfilled? 13 to the form. 13 A. That night. 14 BY MR. LIGORIO: 14 O. So, that would have been Sunday, the l5 O. If you know. l5 7th? 16 A. When he went in. l6 A. When I came back up with my car, Eric 17 O. So, when he went in, someone would have 17 was climbing down the silo and the one guy had said 18 hooked this up? l8 to me I think it blew all over the unloader. t9 A. No. 19 A. What one guy, if you can remember? 20 a. It was like that when he showed up? 20 A. Whoever the trucker was. 21 MR. BOVENDER: Is that a yes. 21 a. Okay. So, somebody from Cole said I 22 THE WITNESS: Yes. 22 think it blew over the unloader? 23 BY MR. LIGORIO: 23 A. Yeah, and Eric was up the silo. 24 O. And had it been like that from the 24 A. Now -- 25 filling process? 25 A. Go ahead. 17 55 sheets of Page 65 to 68 of 219 03/02/2017 01:18:42 PM 69 71 1 a. You said the people from Cole weren't 1 A. Tell me what exactly you instructed 2 necessarily involved in filling. How would they know 2 Eric to do on Sunday, the 7th, 3 that if they weren't involved in filling or were they 3 A. I had told him we have another btower 4 involved in filling? 4 and I said set it up to one of these empty silos. 5 A. It must have plugged, I don't know, 5 There were two silos beyond this white silo. 6 because I wasn't there, when I came up the road to 6 A. So, you wanted to start filling the 7 get my car, which was a 3- to 4-minute drive down and 7 other two silos? I back. I A. Yeah, they were all empty. We had I O. Do you recall about what time that was? I stafted the process. Cole had come, so we paid Cole l0 A. That was between 7:30 and 8:OO o'clock. 10 to fill those silos. So, once you start, you really 11 A. At night? 11 need to move. But, there was no problem. Set up the 12 A. Yeah. 12 blower, it would have took 18 to 2O m¡nutes to move 13 O. And that's the first time on Sunday 13 the table, go to another silo. 14 night, the 7th of June, 2015, about 7:00, 7:30 at 14 a. How long does it take to fill a silo, t5 night -- you said about 7:00, right? I don't want to 15 typica lly? l6 put words in your mouth. 16 A. Usually, with Cole, a day, maybe 2. If 17 A. No, 7:3O, 8:OO o'clock. 17 there is a breakdown, 3 or 4. 18 O. 7:30, B:00 o'clock, that's when you 18 MR, BOVENDER: Don, while you are l9 became aware that the silo had been overfilled? l9 taking a drink, we are an hour into it. 20 A. When I came up the road, they had -- 20 Can we take a break so I can use the 21 the table was not running and there was still some 21 restroom? 22 silage left on the truck. That is usually not a good 22 VIDEO TECHNICIAN: Time is 12:58, 23 sign. 23 off the video record. 24 O. why not? 24 (At this time there was a brief 25 A. Because somethi has happened, either 25 recess taken,)

70 72 1 the blower may have plugged, the table may have 1 VIDEO TECHNICIAN: Time is 1:04, 2 broke. I hate to say, it has happened before, the 2 back on the video record. 3 tractor may have run out of fuel. I don't know. And 3 BY MR. LIGORIO: 4 f slowed down and I said what is going on. 4 O. Mr. Wood, we were discussing the 5 A. So, when you got there -- 5 filling process when we went off the record briefly. 6 A. Whoever the trucker was. 6 I did think you identified another photograph for me 7 a. So, when you arrived at7i3O, you would 7 that does show the blower in the filling process from I have expected to see the process either completely I a different angle, is that correct? 9 done or the tractor operating, is what you are I A. Yes. 10 telling me? 10 MR. LIGORIO: We will mark that. 11 A. When I came up the road from mowing 11 (At this time Wood 12 hay, I was surprised it was still at that silo. 12 Exhibit No, 13 was marked 13 O. That the whole process hadn't been 13 for identification.) 14 completely completed at that point? 14 BY MR, LIGORIO: l5 A. That Eric had not moved that table in l5 O. We will get through these pictures to l6 the course of the day like I totd him to. 16 get that done. 17 O. And this is all on Sunday, the 7th? 17 This picture, again, is the bottom or l8 A. Yes. 18 the silo floor or the silo room that would be, 19 O. So, by your recollection, Cole come on l9 correct? 20 Sunday, the 7th, you are mowing hay on Sunday, the 20 A. Yes, this is the silo in question 21 7th, and Cole and the truckers are moving the haylage 21 facing that toward the other silo, yeah. 22 to the table? 22 (At this time Wood 23 A. Yes. 23 Exhibit No. 14 was marked 24 O. And Eric is working on Sunday, the 7th? 24 for identification.) 25 A. Yes. 25 BY MR. LIGORIO: 03/02/2017 01:18:42 PM Page 69 to 72 of 2L9 18 of 55 sheets 73 75

1 O. Is this -- that next picture shows a 1 compressor and the pump, right? 2 little tin roof there. Is that the top of this? 2 A. Same picture we sarfl before. 3 A. No. 3 (At this time Wood 4 O. okay. 4 Exhibit No. 15 was marked 5 A. It would be way over here (indicating). 5 for identification.) 6 O. We can't -- I guess you are pointing. 6 BY MR. LIGORIO: 7 We are on video, but this is the outside of the silo? 7 a. Another angle of the same picture 8 I am pointing to the right side of this picture? I showing the tractor and the machine that was used to

I A. of which silo? I fi[ ? t0 A. Of the silo that Jason was in. l0 A. Yes. 11 A. Yes, 11 MR. BOVENDER: We called it a 12 a. This is going to be 14, so I am 12 compressor, a pump and a machine. I 13 pointing to 14 on the right side. That's the 13 don't know if you want to clarify. 14 outside. There is a big pile of haylage there; where 14 BY MR, LIGORIO: 15 is that coming out? 15 O. Probably all three. l6 MR. BOVENDER: What do you mean l6 A. There is no compressor. What do you 17 where is that coming out? 17 want to know? l8 BY MR, LIGORIO: l8 O. Just tell me what you want me to call t9 O. How did that get there? Did that come 19 that. 20 out of the silo? 20 A. This (indicating)? 21 A. This chute is over here behind this 21 A. Yeah. 22 orange item, I am guessing, either that or the men 22 A. A blower. 23 had throwed it. I am not sure. 23 a. So, the blower is hooked up to the 24 A. Okay. But there is a chute, the chute 24 tractor, which the haylage is in the table. How does 25 we looked at, is that behind that item? 25 the haylage get from the table into the blower? 74 76 1 A. Yeah, you can't tell it there. 1 A. This belt. And there is two augers 2 O. In that picture þecause of the angle. 2 in -- I think you can see two bearings, one there and 3 What is the red box? 3 one there. And the table is on a slow moving table 4 A. An old -- I say an old, a corn mill, 4 cha¡n that you regulate the speed off of here 5 that if we filled the silo with high moisture corn, 5 (indicating). 6 we would run it down and it would grind it finer. 6 A. So, is there a chain or something that 7 a. All right. 7 walks the haylage up here and then drops it on this I A. So, like a hammer mill, a miniature I belt and that belt moves it across? 9 hammer mill. It was not in use, it was parked there. 9 A. yes. l0 a. There is a door underneath that? l0 A. And, basically, what happens is the 11 A. No. 11 truckers put the haylage into the table? 12 O. No? That is not a door? 12 A. Yes. t3 A. No. 13 O. And the table is turned on or the power 14 O. what is that? 14 is started or is it running all the time? l5 A. A frame, open frame, four-legged frame. 15 A. If we are filling, we usually leave it t6 O. For what purpose? 16 run. 17 A. To support that (indicating). 17 O. So, that thing is running. So, in 18 A. It is a frame. So, that apparatus has 18 terms of actually f¡lling the silo, somebody from

19 nothing to do with this incident; fair enough? 19 Cole, typically, a trucker, brings a dump truck or a 20 A. No. 20 dump table and dumps it into this table, correct? 21 O. So, what we see here is a big pile of 21 A. Yes. 22 haylage that will be beneath the chute; fair enough? 22 a. Which has a conveyor belt on the 23 A. Yeah. 23 bottom? 24 O. Okay. It looks like we got another 24 A. No. 25 photograph, again, just a different angle of the 25 A. What does it have on the bottom that 19 of 55 sheets Page 73 to 76 of ztg 03/02/2OI7 01:18:42 PM 77 79 1 moves the haylage forward to this belt? 1 THE WITNESSI The more uniform the 2 A. A chain assembly. 2 better. 3 O. Okay. How does a chain assembly move 3 BY MR. LIGORIO: 4 the haylage? 4 O. So, the truckers who are employed by 5 A. Off of this hydraulic system that's 5 Cole are the people who actually put the haylage into 6 hooked to the tractor. Hydraulic pumps move it. And 6 the table and then the table is running, goes up 7 they also move this belt. (Indicat¡ng), 7 through the chain apparatus or the table chain, onto I a. I see this belt where the haylage is I the conveyor belt, into the blower, up the tube, into I going to go onto this belt. That basically looks 9 the silo? l0 like a conveyor belt, right? 10 A. yes. 11 A. Um-hum. 11 a. So, for all intents and purposes, the 12 A. That's going to roll with movement like 12 actual physical act of filling this is done by Cole? 13 a shopping conveyor belt towards the blower? l3 A. No. 14 A. Yes. 14 O. Explain how it is not done by Cole. l5 a. And feed the haylage into the blower? 15 That's what I am losing here. In other words -- 16 A. And you can disengage the blower here t6 A. Sometimes when they are hauling, I have 17 (indicating). 17 a man, one of our men standing here, and all they 18 O. Okay, What I am not understanding is t8 have to do is back up; so, we run th¡s part l9 how the haylage moves up the chain apparatus. you l9 (indicatins). 20 said hydraulics. How does it physically get moved? 20 O. By run ¡t, you press the buttons to 21 Is it blown? Is there an auger? Is there a -- 21 make it run? 22 A. There is a table chain underneath the 22 A. Just stand beside it and make sure that 23 silage. 23 you are not getting a wad or anything, 24 O. What does a table chain look like? I 24 O. So, somebody is standing there 25 am not being able to visualize that. 25 supervising Cole while it is getting poured in? 78 80 1 A. I am trying to think of what you would 1 A. You are looking over the edge and you 2 have seen that would be similar, 2 are watching to make sure that the blower doesn,t 3 A. Just explain to me how physically a 3 plug and you are keeping an eye on the tractor. 4 table chain moves the haylage. 4 O. Should somebody be watching this at all 5 A. It is a slat with link chain and link 5 times it is operating? 6 chain that goes over a cog and it just slowly moves 6 A. No. 7 around the table and underneath and brings it back up 7 O. They come and check and come back, is I again and around. I that what they typically do? I O. Okay. So, it moves in like a circular I A. You can shut it off and start it up 10 motion run by the hydraulics? l0 again when you get back. 11 A. Yes. 11 A. So, the Cole trucker, whoever it is, 12 O. And as it comes back around, it pushes 12 whether it was your nephew or Travis Cole or some 13 the haylage out the front of the table? 13 other employee of Cole, they physically put the yes. 14 A. 14 haylage into the table, correct? 15 a. Drags it, pushes it? l5 A. Yes. l6 A. No, it feeds it up to a set of augers 16 O. Using their dump trucks? 17 that have teeth on ¡t that slowly turn into the 17 A. yes. 18 silage while counterclockwise and flip it over so 18 O. And somebody then turns this apparatus 19 that that comes in as a loose, controllable l9 on? 20 substance. 20 A. Yes. 21 a. Okay. It helps loosening it up so it 21 A. Or do they ever dump it in there when 22 gets blown in because if it is clumpy, it is probably 22 it is already running? 23 not going to go up there, right? 23 A. Yes. 24 MR. BOVENDER: Objection to form. 24 a. So, it is possible that no one could 25 You have answer, 25 even be there, the apparatus is running, the dump 03/02/2017 01:18:42 PM Page 77 to 80 of 219 20 of 55 sheets 81 83

1 truck dumps it into the table, and it's just going to 1 from 35 to 45 loads. 2 take it up and fill the silo, correct? 2 BY MR. LIGORIO: 3 A. Right. You just move this lever down 3 A. I understand you are trying to do the 4 and it stops the whole thing (indicat¡ng). 4 math in your head, but that's an estimate. I 5 O. About how many trips from the trucks 5 understand you can't give me anything that 6 does it typically take? 6 represents -- 7 A. I have no idea. I was mowing, 7 A. Well, I don't know how full his trucks I O, I am just asking you in a general I were. You are asking for things -- you could get the 9 sense, maybe not for today. You have observed this I actual holding capacity of that silo from a l0 process? 10 professional. 11 A. Oh, they might do -- it depends on 11 a. I know we can do the physics and the 12 proximity to the silo. The farther you get away, the 12 math on this. I am just trying to get from you your 13 longer it takes because there is more travel time. l3 general understanding, Again, you have been doing 14 If you are filling fairly close, you can move pretty 14 this for your entire life. You have observed this l5 fast. 15 process over and over. So, I am just asking you 16 O. I am just talking in terms of volume, 16 general impressions as to, typically, how many times 17 Like it is more than one dump truck full to fill a 17 it would take. And you gave me an estimate, which I 18 silo? l8 appreciate. That's all I am looking for. I l9 A. An l8-foot silo does not have the 19 understand there is no way you can sit here today and 20 capacity that a 2o-foot silo has. 20 tell me how many specific dump truck loads went in 21 O. By 18, you are talking diameter? 21 there. But it is certainly more than 2 or 3; fair 22 A. Circumference. 22 enough? 23 O. Circumference. So, 18 feet around the 23 A. Yeah. 24 ring, that's what circumference is, right, all the 24 O. It is dozens, it sounds like, at least, 25 way around the circle? 25 or over 10? 82 84

1 A. Right, a 9-foot diameter. 1 A. Yeah. 2 O. 9-foot diameter. Is that the 2 a. Okay. And probably over 20? 3 dimensions of this silo? 3 A. Yeah. And, again, how full is the 4 A. Yes. 4 silo. In this paÉicular case, the silo was empty. 5 A. And how high was it? 5 MR. BOVENDER: Wait for a 6 A. 70 feet. 6 question. 7 O. So, we got a silo that has got a 9-foot 7 BY MR. LIGORIO: I diameter, l8-foot circumference, 70 feet -- is that I a. That was going to be my next question. I to the top or to the top of the bubble, if you know? I As far as you know, the silo was completely empty 10 A. Top ofthe concrete. 10 when they started? 11 A. Top of the concrete. I understand that 11 A. Yes. 12 this has a smaller diameter than other silos, but my 12 MR. LIGORIO: Mark that as the 13 question was how many times, typically, would this 13 next exhibit. 14 table have to be filled to fill this particular silo, 14 (At this time Wood 15 how many loads? 15 Exhibit No. 16 was marked 16 A. If they were averaging six times -- 16 for identification.) 17 that's a good question. He has big trucks. 17 BY MR. LIGORIO: 18 MR. BOVENDER: Mr. Wood, one l8 A. This a just a photograph of the 19 instruction that you weren't given is 19 paramedics. They going in from the outside looking 20 this is not a quiz and you don't have to 20 down; isn't that right? 21 guess. You are able to approximate but 21 A. Yes. 22 nobody here wants you to guess. So, if 22 O. There is a crane apparatus there. Is 23 you don't know, it is okay to say you 23 that the apparatus that was used to remove Eric? 24 don't know, 24 A. No. 25 THE WITNESS: I will say anywheres 25 a. What is that apparatus, do you know? 21 of 55 sheets Page 81 to 84 of 219 03/02/20L7 01:18:42 PM 85 87

1 A. They -- that's the crane company and, 1 A. The blower. 2 apparently, the volunteer fire department had 2 O. It is not really a pump. 3 summoned them. 3 A. And that shows the belt, finally. 4 a. So, you don't think Er¡c was removed 4 (Indicating). 5 using that crane? 5 MR. BOVENDER: He is pointing at 6 A. I know he wasn't. 6 what will be marked as 19. 7 O. Okay. How was he removed? 7 MR. LIGORIO: Yeah, we can see the I A. They had a ladder set up here and he I belt from the other side. 9 came down it backwards (indicating). 9 THE WITNESS: Those are two of l0 a. So, they walked him out of it? l0 your better pictures. 11 A. No, he came out on his own 11 (At this time Wood 12 recognizance. 12 Exhibit No, 19 was marked 13 O. He was at one point trapped in the 13 for identification.) 14 silo; can we agree on that? 14 BY MR, LIGORIO: 15 A. Yes. l5 a. That doesn't show us anything l6 O. He couldn't get to the top because the l6 different, just the tractor? 17 top -- and we will go over this -- they were too far 17 A. You got about three of them. 18 down to get out the top? 18 (At this time Wood l9 A. Yes. l9 Exhibit No. 20 was marked 20 O. So, I guess my question will be how did 20 for identification.) 21 he get from where he was to the top? 21 BY MR, LIGORIO: 22 A. You would have to ask Eric. He said 22 a. And that's just our silo there in the 23 some sort of harness; his words. 23 center of this picture, correct? 24 O. okay, fair enough. 24 A. Yes. 25 A. I don't know. 25

86 88 1 a. You don't know. That's a good enough 1 (At this time Wood 2 answer, 2 Exhibit No. 21 was marked 3 MR. LIGORIO: We will have that 3 for identification.) 4 marked. 4 BY MR. LIGORIO: 5 (At this time Wood 5 A. Same thing here. This is very similar 6 Exhibit No. 17 was marked 6 to what we have already looked at. This is a 7 for identification. ) 7 different angle showing everything; fair enough? 8 BY MR. LIGORIO: 8 A. Yes. I A. What does this picture show? 9 (At this time Wood 10 A. If you would have put that one in the l0 Exhibit No. 22 was marked 11 front, you would have made your life a lot easier. 11 for identification.) 12 O. Because there is the chain apparatus 12 BY MR. LIGORIO: 13 and the auger? 13 a. Same thing here? 14 A. You now see the silage and that's why 14 A. Yeah. l5 he had to unload it, okay. 15 (At this time Wood 16 A. Yeah, I gotcha. 16 Exhibit No. 23 was marked 17 MR. LIGORIO: We will mark that 17 for identification.) l8 one. 18 BY MR. LIGORIO: l9 (At this time Wood l9 O. Can you tell me, to the best of your 20 Exhibit No. 18 was marked 20 recollection, who was involved in this filling 21 for identification.) 21 process on that Sunday? Give me the names you can 22 THE WITNESS: You could have saved 22 recal l. 23 a half hour with that picture. 23 A. Well, Eric said that Tyler was there 24 BY MR. LIGORIO: 24 and I think ¡t was a cousin of Travis was driving the 25 O. Þrobably. That's the pump? 25 other truck then. But I really don't know who was 03/02/2OL7 01:18:42 PM Page 85 to 88 of 219 22 of 55 sheets 89 91

1 driving the trucks. And Eric was supposed to be 1 documents from a payroll journal that you produced. 2 making sure that things were progressing and that 2 The date of this is May 28, 2015; so, this would have 3 when they got to a point where he thought it was 3 been two weeks or less prior to this happening. 4 gett¡ng up near the top, ¡t was supposed to stop him 4 Maybe that will help you remember the names, 5 and move ¡t over and they could keep going. 5 A. I don't think Ray was working Sunday. 6 MR. BOVENDER: The question he 6 O. Ray, being Ray Allen? 7 asked was who was there, 7 A. Yeah. Bartlett was not working Sunday. I THE WITNESS: I have no idea, I Keagan Henne was milking. Scott Krause was working 9 BY MR. LIGORIO: 9 Nicole Oakley, I think, but she may have had off. 10 O. Well, you have some idea because you l0 Michael Snay and Eric Stone; I am not sure about 11 know Eric was there, correct? 11 Snay. 12 A. He was in the barn, apparentty. 12 O. Of all of those people, who would have 13 O. I gotcha. When you say there, I am 13 been involved in the filling process if they were 14 asking who was working on the farm at that tlme, 14 working? l5 either for you or for Cole. We have established that l5 A. Eric. 16 Cole had two drivers there, one of whom may or may 16 O. Nobody else? 17 not have been Travis Cole, right? 17 A. Not on that day. yes. l8 A. l8 O. And I am not representing this is that l9 O. Did you see Travis Cole on the property l9 day, this is just who you had on the payroll as of 20 on that day? 20 that time. 21 A. Yeah, he came up out of the field after 21 Do you recall anyone else being on your 22 it had plugged because they couldn't go anymore. 22 payroll at that time? 23 O. So, you know he was there doing some of 23 MR. BOVENDERI Just for the

24 the driving or some of the harvesting? 24 record, the payroll journal marked as 25 A. Harvest¡ng. 25 Gor-Wood RPD 0442 is dated May 28, 2015.

90 92 1 O. And Eric thought Tyler was there, you 1 MR. LIGORIO: Agreed. 2 are not sure about it, but another person who would 2 THE WITNESS: I can't remember 3 have been a Cole employee was there driving the dump 3 when Keagan Henne left, It was shortly 4 trucks? 4 after that. 5 A. Right. 5 MR, BOVENDER: Wait until you are 6 O. Would they have had another person? 6 asked a question. 7 Yes or no or I am not sure. 7 THE WITNESS: He had asked me was 8 A. I am not sure. I there anybody else. And I would have I a. We know Eric was there, accord¡ng to 9 had a replacement for him but I don't 10 what you said, on this Sunday when this process was 10 know who. 11 happening, is that right? 11 (At this time Wood 12 A. Yes. 12 Exhibit No, 24 was marked 13 O. Who else would have been working on the 13 for identification,) 14 farm at that day, if you can recall? 14 BY MR. LIGORIO: 15 A. Well, it was a Sunday, so somebody had l5 O. I am just looking at some other names, 16 off. I am not sure who was in the barn that day but 16 I see a Margie McClure. Was she someone who worked 17 the normal crew. 17 on or around that time? 18 O. Which people on the -- who was your l8 A. No, she was Tim. 19 normal crew as of June 7, 2OL5? l9 O. So, she is one of Tim's? 20 A. I would have to look at payroll to see. 20 A. She had nothing to do with me, 21 There was a new guy that I can't even recall his 21 O. Okay. How about Geoffrey George? 22 name, Nicki Oakley. Eric -. Er¡c Stone. Scott 22 A. No. 23 Krause would have been feeding on Sunday; he had off 23 A. Tim. John T. Borger? 24 Monday. 24 A. No. 25 O. Maybe this will help. I have some 25 O. Tim, right? Give me a yes or no. 23 of 55 sheets Page 89 to 92 of 219 O3/O2/2OL7 01:18:42 PM 93 95 1 A. No. I report. I can't read it because it is too small and 2 a. John T. Borger worked for Tim, did not 2 I am not even going to ask you to try and read that 3 work for you, correct? 3 writing. If you can, God bless you, but I cannot. 4 A. Yes. 4 That does appear to be a diagram the State Police did 5 MR. LIGORIO: And this is a 5 of the silo. 6 payroll document. We will mark this one 6 MR. BOVENDER: Are you asking him 7 as the next exhibit. This is a payroll 7 if the diagram is true and accurate? I document. I don't have a date on this. 8 BY MR. LIGORIO: I MR, BOVENDER: We went through the I A. I am asking if it appears to -- you 10 photographs with talking about documents t0 tell me what you can tell from looking at that, 11 before they were marked. Could you just 11 A. Well, that looks like a silo. I don't 12 mark these before you ask them so we can 12 know what this is (indicating). l3 keep track. 13 O. I have to agree that I can't read the 14 MR. LIGORIO: Sure. 14 writing. So, the silo, you mentioned, was 70 feet l5 MR. BOVENDER: Thank you. 15 tall. Is that your tallest silo? t6 (At this time Wood l6 A. Yeah, you can see it in the picture. 17 Exhibit No. 25 was marked 17 O. Yeah. So, I would assume that this is 18 for identification.) l8 the silo. Probably go¡ng to have to ask the State 19 MR, BOVENDER: Looking at Exhibit 19 Trooper or get a better copy -- 20 25. 20 MR. LIGORIO: You probably don't 21 BY MR. LIGORIO: 21 have a copy that is in any way legible, 22 O. Looking at Exhibit 25, this is 22 do you? 23 something you produced to me of the Gor-Wood D 23 MR. BOVENDER: This was my copy, 24 Holsteins Data Entry Worksheet and it is listing 24 MR. LIGORIO: I am sure we all got 25 various employees and wages. And some say Tim. I am 25 the same police report. 94 96 1 assuming that those are the people who were working 1 We will mark that, anyway, since 2 for Tim and Tim had to pay them? 2 we discussed it. 3 A. I did not produce this. 3 (At this time Wood 4 O. Okay. Well, your lawyer did, so -- 4 Exhibit No. 26 was marked 5 A. I don't know who wrote it. 5 for identification,) 6 a. I am not saying you wrote it or created 6 BY MR. LIGORIO: 7 it. 7 O. I am also going to show you an aerial I A. Alt right. Go ahead. I photograph. I don't know who took this but it shows I A. Who is doing your payroll at this time I Gor-Wood Road. I am wondering if you could circle 10 in June of 20L5, was that -- l0 there where is the farm we are talking about on the 11 A. Donald White. 11 aerial or point to it, if you can? 12 O. They may very well be records from 12 A. (Indicating). l3 Donald White. 13 O. So, you pointed to on Gor-Wood Road 14 A. Okay. That would be my guess. 14 there is a spot -- I am going to circle it in the 15 O. There is some writing on this where it l5 middle there -- and that shows the farm that you l6 says, Tim - cash, Tim - cash, Tim - cash; is that 16 operated as of June 7th of 2015? 17 your writing or not? 17 A. Correct. l8 A. No. l8 O. And we can see the silo is, vaguely, 19 A. However, you were able to tell me that t9 from this picture, but what is this big item here? 20 those employees marked Tim worked for Tim and the 20 Out of curiosity, what is this? 21 other employees we talked about you identified as 21 A. A pad. 22 working for you; fair enough? 22 A, oh, a gas pad? 23 A. Correct. 23 A. Yeah. 24 A. Since we are marking exhibits, this is 24 O. Gotcha. Thank you, 25 just another document. This is from the State Police 25 You live on this property, correct? 03/O2/20L7 01:18:42 PM Page 93 to 96 of 219 24 of 55 sheets 97 99 1 MR. BOVENDER: Attorney Ligorio 1 a. They let you clear some hay from there? 2 just drew a circle on a Google map. 2 A. Yeah. I give them little round bales 3 BY MR. LIGORIO: 3 to keep. It works with your other fields. 4 O. You live on the property, correct, Mr. 4 MR. LIGORIO: We will mark that. 5 Wood? 5 (At this time Wood 6 A. Yes. 6 Exhibit No. 27 was marked 7 A. Do you live right on the farm where I 7 for identification.) I circled or outside of it? I BY MR. LIGORIO: I A. R¡ght there, that white dot. 9 O. There is an aerial of the silos. There 10 O. I will make a little X on your white l0 is an X. Is the X the silo in question? 11 dot or make a dot with the marker. 11 A. Yes. 12 MR. BOVENDER: Again, Attorney 12 MR, BOVENDER: On or next to, l3 Ligorio. l3 THE WITNESSi Next to. 14 BY MR. LIGORIO: 14 MR. LIGORIO: Next to. 15 O. Can you see Go Woody Farm on this 15 (At this time Wood 16 aerial? l6 Exhibit No. 28 was marked 17 A. oh, no. 17 for identification.) 18 O. So, that's a whole different distinct, 18 BY MR. LIGORIO: l9 discreet property, is that correct? 19 A. I am going to talk about your 20 A. Yes. 20 relationship with Jason Kingsley now, When is the 21 O. I am not going to ask you to give me a 21 first time you met Jason Kingsley? 22 boundary description, but Gor-Wood Road is a pretty 22 A. Oh, a long t¡me ago. I can't be 23 big road. As far as the real estate we are talking 23 specific. 24 about, this piece of real estate, which we believe is 24 O. I have some records showing that -- 25 likely in your mother's estate, can you just 25 A. He came with some friends that were 98 100 1 generally mark from where to where it goes? t helping. 2 A. Some of this is ours. Down here, it 2Q. Do you recall what year that might have 3 splits in the woods. Up here, ¡t splits ¡n the 3 been? 4 woods. We go to -- 44. No. 5 a. Do you go out as far as Reynolds Road? 5Q. We have a lot of payroll records. 6 A. We go to hear, no (indicatinS). We 64. Okay. 7 have property and then ¡t comes back and over and 7Q. And I have gone through them as best as I down through like that (indicating). I I can. I did see that he was on your payroll 9 O. Okay. You are just pointing around the I officially and a W-2 was issued for 2009. 10 area? l0 A. That was my understanding. 11 A. This green area here is part of our 11 O. First of all, did you review your own 12 woods. But you asked if we had anything on Reynolds 12 payroll records at all before today in preparation 13 Road, we have some property beyond that. l3 for this deposition? 14 O. I am trying to get this piece of 14 A. Did I review my payroll records? f 15 property. And where does it go out this way to the 15 reviewed that particular incident, yes. 16 right on the picture? l6 O. You reviewed the fact and saw that you 17 A. To here (indicating). 17 issued a W-9 to Jason Kingsley in 2009? 18 a. I will make the mark where you are 18 MR. BOVENDER: W-2. 19 pointing. And I understand you are just giving us -- 19 BY MR. LIGORIO: 20 A. And this would be a boundary line 20 O. w-2. 21 (indicating). 21 A. I knew he had been employed. 22 Q. I am going to make a mark where you put 22 O. okay. 23 a boundary line. 23 A. So, I found the year he was employed. 24 A. And then we worked th¡s p¡ece, but ¡t 24 O. Is it fair to state that there is no 25 is not ours (indicating). 25 record from that 2009 W-2 up until after Jason's 25 of 55 sheets Page 97 to 100 of 219 03/02/2017 01:18:42 PM 101 103 I death that documents he was working on the farm at 1 that document, you are not aware of any other 2 any time? 2 document to verify or show that he worked there at 3 MR. BOVENDER: Note my objection 3 any time between 2009 and June B, 2015; is that fair 4 to the form, You can answer, 4 enough? 5 THE WITNESS: There was an 5 A. No documents that I know of. 6 incident where we had wrote him in as 6 O. You do maintain that he worked there 7 purchased tires. 7 from time to time between June 9, 2015, and -- or I BY MR. LIGORIO: I between 2009 and June 8th of 2OI5t he was on there 9 A. Purchased tires? 9 performing tasks which you paid him for, is that l0 A. Yeah. l0 correct? 11 A. When about was that? 11 A, On occasions, yes, Jason would come up. 12 A. That was in between. 12 a. And if you had something for him to do, 13 O. In between 2009 and June 7th of 2015? 13 you are saying you would pay him in cash to do it? 14 A. Yes. 14 A. There were times. l5 a. And did you provide that specific 15 A. Can you estimate, approximately, how 16 document to your counsel, if you recall? l6 many times between 2009 and 2015 that you paid Jason 17 A. I am not sure. 17 Kingsley to do something on the farm? 18 MR. LIGORIO: Okay, I can tell 18 A. Two to four. l9 you, Josh, I did not see that. 19 a. So, you are estimating between 2009, 20 Thousands of pages of stuff I looked 20 when he was on the payroll, and June 8, 2015, his 21 through, so, it is entirely possible 21 death, he may have been on that farm doing some task 22 that I missed it, but I did not see it. 22 at your request between two and four times? 23 I would ask -- I will make a 23 A. Yes. 24 request if that document exists, you 24 A. And at one point in time, you feel that 25 identify it and produce it. 25 you listed him as working for you -- just for a 102 104 1 BY MR. LIGORIO: I bookkeeping purpose it sounds like as a purchase of 2 O. Do you still have that document? 2 tires? 3 A. Someplace it is on record, I think. 3 A. Right. 4 A. You say it ¡s on record someplace, that 4 A. Why would you do that? I can tell you 5 would either be with Don White or you have kept a 5 it is not my role to get you in into any kind of tax 6 receipt or something? 6 trouble or anything like that, so, I just need you to 7 A. It would be in my old check stubs, 7 answer. 8 probably. I A. It was probably to avoid putting him on I O. Because, typically, something like 9 the books. l0 purchasing tires, would you keep a receipt like that t0 a. Is it fair to state -- I looked at the 11 indefinitely? 11 Workers' Compensation audits, and I have them here. 12 A. No, but f wrote a check for it. 12 They will make your eyes glaze over. There is 13 A. And you wrote the check to whom? 13 thousands of pages, You get audited by the State 14 A. Jason. 14 Workers' Insurance Fund, roughly, every year; is that 15 A. Do you know how much it was for? l5 right? 16 A. Not a lot. 16 A. At least every year. 17 A. So, it was probably for one brief 17 A. They do that to determine how many 18 period? 18 employees you have, is that right? 19 A. I think he helped build some fence, but t9 A. Yeah. 20 I can't remember specifically. 20 a. Okay. And to set your insurance rates? 21 O. So, you know you had paid him in 21 A. Yeah. 22 documenting something that he built some fence at 22 A. And those audits, typically, involve 23 some point between 2009 and June 8, 2015? 23 someone coming in from the State Workers' Insurance yeah. 24 A. 24 Fund asking you to identify all the employees and 25 A. And there is a document. Other than 25 specifically what they do, is that right? O3/02/2OI7 01:18:42 PM Page 101 to 104 of 219 26 of 55 sheets 105 107

1 A. He usuatly asks us to furnish certain 1 A, Yes, that would be normal, because 2 ¡tems and I furnish them and I have never been asked 2 Jason had other employment. 3 many questions. 3 A. Between -- in 2009, when he did work 4 O. Okay. You would furnish him items 4 for you -- and he didn't work a lot even then, it 5 identifying your specific employees to the State 5 looked like he made about $4,000 -- do you know 6 Workers' Insurance Fund as part of the audit? 6 exactly what he was doing at that point in time? 7 A. Yes. 7 A. He was feeding. ' 8 O. Can we agree, between 2010 and Jason's I O. What does that involve? 9 death in 2015, that at no t¡me was Jason Kingsley's I A. Runn¡ng the silage down to the cows, 10 name furnished to the State Workers' Insurance Fund 10 lowering silo unloaders, general with the silos with 11 in an audit? 11 the feed,

12 A. I don't know. 12 O. You indicated that you think on a l3 O. If I was to tell you that I looked 13 Sunday that is when this silo was filled. You were 14 through those audits and I didn't see his name in 14 reasonably certain this was -- 15 there, would that surprise you? l5 A. I know it was a Sunday. l6 MR, BOVENDER: Note my objection 16 O, How do you know that? 17 to the form. 17 A. Because it was Sunday night when ¡t 18 THE WITNESS: No. 18 happened. 19 BY MR. LIGORIO: l9 O. By it happened, you realized the silo 20 O. Because if he did work, it would have 20 was overfilled at about 7:30 at night? 21 only been for a day or two and you would have paid 21 A, When I came back up the road and went 22 him cash; ¡s that fair? 22 back down, when I came up aga¡n, they had stopped and 23 A, It could have been for longer but it 23 I said, oh. 24 wouldn't have been much longer, 24 a. When you said they had stopped, did you 25 O. Would it be fair to say that you would 25 observe anybody there?

106 108 1 bring him in if he wasn't working otherwise to do 1 A. Er¡c was coming down the silo and the 2 very short-lived tasks? 2 guy said I thought -- he thought the silage had 3 MR. BOVENDER: Note my objection 3 blowed over the top of the blower -- or of the 4 to the form, You could answer. 4 unloader. 5 THE WITNESS: Jason would usually 5 O. When you say the guy, again, do you 6 come around at silo filling time or if 6 recall who you mean by the guy? 7 we were to open silos. And once in a 7 A. I th¡nk it was Travis' cousin. I blue moon he fed cows for us when we I O. So, an employee of Travis? I couldn't find anybody. 9 A. Yeah. 10 But, generally, I did not call 10 O. Do you recall his name? 11 Jason. He would show up and say you got 11 A. I th¡nk it was Cole. 12 anything to do. 12 O. Another Cole? 13 BY MR, LIGORIO: 13 A. Yeah. 14 O, You would never specifically go out and 14 O. What is the first time of that Cole, if l5 seek him out to hire him? l5 you know? 16 A. No. l6 A. r don't. 17 O. He might stop by and say if you got a 17 O. What did you do next after you saw t8 task or something I can do, and if you did, you would 18 that, after you saw that the silo -- you didn't see 19 give him something? 19 it, after you were told by Eric the silo was 20 MR. BOVENDER: Are you st¡ll 20 overfilled? 21 talking between 2009 and 2015? 21 A. what d¡d r what? 22 BY MR. LIGORIO: 22 A. what did you do? 23 O, Yeah, that's fair enough, I am talking 23 A. I was reatly upset. 24 that time frame. All of these, as Mr. Bovender 24 O. What did you tell Eric? Feel free to 25 indicated, are in that specific time frame, 25 use whatever words you want to use. 27 of 55 sheets Page 105 to 108 of 219 03/02/2Ot7 01:18:42 PM 109 111

1 MR. BOVENDER: So long as they are 1 O. What is relief milking? 2 accurate. 2 A. If somebody had a night off or if 3 THE WITNESS: I asked him why he 3 somebody was doing someth¡ng. 4 hadn't done what I told him. 4 O. So, from time to time, you would hire 5 BY MR, LIGORIO: 5 somebody to fill in to help milk? 6 O. What did you tell him to do? 6 A. Yes. 7 A. I told him to move the blower -- or the 7 O. But how many people does it take or did I table at some point to the other silo. And I had I it take on June 7th of 2015 to milk the cows? I told him to set the blower up. It was the only thing I A. There is usually six to eight people 10 extra I had asked Er¡c to do all day. l0 there. 11 O. And what was his response? 11 O. Every day? 12 A. After I repeatedly asked him why he 12 A. Yeah. It takes three to milþ one to 13 didn't go up the silo, he finally said because I am l3 feed, and then, normally, there is an outside man, 14 sick of climbing your F'g silos. 14 maybe two. l5 O. That was basically his job for the last l5 O. What is an outside man? 16 five years, right? 16 A. They came in at different hours. They 17 A. Yeah. 17 would not have been involved with milking. l8 O. Did you have problems w¡th Eric Stone 18 Mechanical, spreading manure, doing other chores, may l9 of any type, specifically, before this incident? 19 come ¡nto the barn to help, like if we had something 20 A. Problems? Could you elaborate? 20 breakdown, fixing water lines. Extra, just an exträ 21 O. Well, let me ask you this way. You 21 hand so that the people that had to milk could do 22 testified in a Workers' Comp matter that he was sort 22 their task.

23 of your right-hand man; is that accurate, at least 23 O. Is it fair to state that milking is a 24 prior to June 7th? 24 priority, milking and feeding are the two pr¡orities? 25 A. Yes. 25 MR, BOVENDER: Note my objection 110 112

1 O. How long had he been operating in that 1 to the form. 2 capacity? 2 BY MR. LIGORIO: 3 A. If I was away, Eric was in charge; at 3 O. On a day-to-day basis? 4 least three years. 4 A. yes. 5 O. And he lived on the property that 5 MR. BOVENDER: Note my objection 6 entire period of time, correct? 6 to the farm. 7 A. Maybe not at the beginning. I can't 7 BY MR. LIGORIO: I remember. But shortly thereafter, I had a house come I O. They are pretty much the two things 9 open and he moved into that. I that each day have to absolutely get done? l0 O. He said it was about a month after he 10 MR. BOVENDER: Note my objection 11 started, but, certainly, for the last several years 11 to the form. 12 he was living on the property? 12 THE WITNESSi Yes. l3 A. Yeah, X think he was living in l3 BY MR. LIGORIO: 14 Robinson's Trailer Park originally. 14 O. When you say an outside man if 15 O. And, also, his girlfriend, Samantha 15 something broke or something mechanical are, quote, 16 Johnson, was living there, as well? 16 an extra, would these people be placed on the 17 A. Yep, they were together that period of 17 payroll? 18 time. 18 A. Yes, l9 O. Did Samantha Johnson work on the farm, 19 O. So, there would be a record of the 20 as well? 20 outside men you brought in, typically? 21 A. Had. 21 A. yes. 22 O. Had. Do you know if she was working on 22 O. Were there also times, however, that 23 the farm as of June 7, 2OL5? 23 you would pay people just simply in cash for short 24 A. She may have been doing some relief 24 periods of time? 25 milking. 25 A. Generally, that would be a..milker. 03/O2/2OL7 01:18:42 PM Page 109 to 112 of 219 28 of 55 sheets 113 115

1 O. So, a milker would come in -- 1 June 7th? 2 A. Samantha. 2 A. Friday afternoon. 3 O. Samantha, and you would pay her cash 3 a. Friday would have been -- Sunday was 4 and keep her off the books? 4 the 7th, Saturday was the 6th, Friday would have been 5 A. As a general term, you could call it an 5 the 5th, is that right? 6 exchange, you could call it what you want, but I 6 A. Yeah. 7 would furnish fuel and electric to the house, in the 7 O. What specifically did -- describe what I house, and once in a while she would milk. But I 8 happened. 9 also paid her cash. I A. It was in the afternoon, late l0 O. It was kind of an in-kind kind of 10 afternoon. I was mowing hay along Gor-Wood Road. I 11 barter there, to some extent, with Samantha? 11 saw a truck park; didn't recognize Jason. My eyes 12 A. And she proved to be good help. 12 a¡n't as good as they used to be until he got up 13 O. If someone came in to fix something, l3 closer; greeted him; wondered what he was doing. He 14 how would you pay them? 14 said he had a couple of weeks he could help, did I l5 A. You are go¡ng to have to be more l5 have anything to do. 16 specific. 16 a. What did you tell him? 17 O. You ment¡oned extra men, like someone 17 A. And f said, well, right now' I am l8 would come in and fix, like you said, a pipe or -- l8 mow¡ng, but I sa¡d I will give you a call when we l9 A. Ray Allen and Junior Bartlett would be 19 have got something. 20 outs¡de men. At some places, they may be considered 20 O. So, it is fair to state at that 21 fieldmen. Changing oil filters, grinding, bedding, 21 particular time you didn't have anything that he 22 doing stuff, but they may come in and help -- the 22 could do immediately? 23 barn cleaner broke, maybe they had to put a link in. 23 MR. BOVENDER: Note my objection 24 The water line broke or I needed a new wâter bowl put 24 to the form. 25 on, they might do something like that. They were 25 THE WITNESS: We hadn't started

114 116 1 there to do extras. Rarelç did they milk. I fill¡ng yet. 2 O. Extras, meaning, other miscellaneous 2 BY MR. LIGORIO: 3 tasks on the farm? 3 Q. All right. You didn't call him on 4 MR. BOVENDER: Note my objection 4 Saturday to do anything; fair enough? 5 to the form. You can answer. 5 A. We hadn't started f¡|l¡ng yet. 6 THE WITNESS: Greasing the 6 Q. What time did you start filling on 7 equ¡pment, that sort of thing. 7 Sunday morning? I BY MR, LIGORIO: 8 A. I was already mow¡ng. I O. And they were typically on the payroll 9 O. Already at what t¡me? 10 for that? 10 A. 9:30,9:OO o'clock. 11 A. Yeah. 11 O. So, about 9:30 on Sunday morning you 12 O. D¡d you ever bring in people as 12 were out mowing? 13 independent contractors to do any of those type of l3 A. Yes. 14 tasks? 14 O. What time did Cole's people arrive on l5 A. Not those specific; to do some repairs, l5 Sunday morning? 16 like if it was something we couldn't do, Fallbrook 16 A. Shortly thereafter. Because they were 17 would repair serious problems and breakdowns on barn 17 work¡ng in fields near me. I had mowed quite a bit 18 cleaners or unloaders. We may have to send a piece 18 of hay close by and I could see them; by 1O:OO. l9 of equipment out to have ¡t repaired someplace else. 19 a. During that filling process, which 20 We had an outside guy come ¡n to serv¡ce our water 20 started, by your account, sometime Sunday morning, 21 wells, if a pump went bad or someth¡ng like that. 21 until you discovered that the unloader was blocked 22 But, as a general rule, you know, maybe 22 and the s¡lo was overfilled, you had a period of t¡me 23 you had to get an electrician, but -- ofthat, 23 from, say, 9:30 in the morning until 7:30 p.m. on 24 A. When is the first time you recall Jason 24 Sunday, the 7th, did you contact Jason Kingsley and 25 Kingsley contacting you about helping you prior to 25 ask for his assistance with anything? 29 of 55 sheets Page 113 to 116 of 219 03/02/2017 01:18:42 PM 117 119 1 MR. BOVENDER: Note my objection 1 a. That's a task that you had to do after 2 to the form. He never testified that 2 this happened, anyway? 3 the unloader was blocked. 3 A. yes. 4 BY MR. LIGORIO: 4 O. who did it? 5 a. Covered. 5 A. Nobody. 6 A. Okay. So, what ¡s it you want to know? 6 O. why not? 7 When did I call Jason? 7 A. I couldn't get the help to go up the I a. We have a record that shows you called I silo. And with everything that had happened, we just I him at 11:30 at night. Do you recall calling him 9 left it. l0 before that? l0 O. And some of that had to do with this 11 A. I am sure I called him before that. 11 tragedy and how it affected you; fair enough? 12 O. okay. 12 A. Yeah. 13 A. He may have called me back. If I t3 a. okay. 14 remember r¡ght, I had left a thing asking him if that 14 MR, BOVENDER: Do you want to take 15 was something he would be interested in helping me t5 a break? l6 out with. l6 THE WITNESS: No. 17 O. We are going to listen to that. That's 17 BY MR. LIGORIOT t8 the voice mail message that you left for Jason? 18 A. So, no one was specifically hired to do l9 A. r do believe l9 that task thereafter? 20 A. We are going to listen to that. Okay. 20 A. We had done it. Nicki did it, finally. 21 That, obviously -- that call you made to Jason and 21 She was the one that would climb the silo. 22 left that voice mail was, obviously, after the silo 22 O. When was the last time you had filled 23 was overfilled? 23 the silos prior to this filling? yes. 24 A. 24 A. Let's see, we would have done corn 25 a. Okay. Before that message, at any time 25 silage in the fall, late September through October. 118 120 1 on Sunday did you contact Jason? 1 O. Is the hay silage filling, is that a 2 A. I don't believe so, because I was out 2 once a year thing? 3 in the field. I don't have a cell phone. 3 A. Þepending on how many cuttings, 4 O. Did you contact Jason to help with the 4 depending on whether we round bale. But, generallç 5 fllling process at all before the silo was 5 f would have hired Jason -- or, excuse me, Travis 6 ovetfilled? 6 twice for haylage, once for corn. 7 A. No. 7 O. t mean, these things have a season, so, I O. So, it is fair to state that the I I guess that's part of it, right? 9 specific reason you contacted Jason was because the 9 A. Right. you can do -- you can do a t0 silo was overfilled? l0 cutting on grass and alfalfa every 2l to 30 days, but 11 MR. BOVENDER: Note my objection 11 it all depends on what your water -- amount of water. 12 to the form. 12 a. How moist the haylage is? 13 THE WITNESS: In that particular 13 A. No, how well things are growing. It ¡s 14 case, yes. 14 kind of like your lawn. 15 BY MR, LIGORIO: 15 O. Gotcha. If you got the right 16 O. Had the silo not been overfilled, you l6 conditions, it grows better? 17 didn't need Jason at that point in time? 17 A. If there is nothing there to get -- 18 A. No, I would have needed him. l8 O. Hasn't rained in a month, I guess you 19 O. Why would you have needed him? 19 said about 21 days apart. Typically, you would fill 20 A. we were -- he would come and help me 20 the silos in the spring and then they would last 21 cap silos. So, we would be fitling four or five 21 until the next spr¡ng; is that what would happen? 22 silos rather rapidly. And a guy like Jason would 22 A. Generatly, you start -- the old saying 23 have been great to level the silage off and put a 23 was you wanted to be mowing hay by Memor¡al Day. 24 plastic cap on to limit the oxygen level to help the 24 That is slowly changing. Some people start earlier. 25 s¡lage cure. 25 That particular year was a little -- I can't remember 03/02/2OI7 01:18:42 PM Page 117 to 120 of 219 30 of 55 sheets 121 123 1 whether ¡t was wet or dry but we started just a bit 1 A. With a silage fork. 2 later. 2 MR. LIGORIO: Danny, why don't we 3 O. Now, Nicole -- 3 play the phone message now? We will let 4 A. Nothing unusual. 4 Mr. Wood listen to it. That's the 5 O. Now, Nicole or Nicki, as she is known, 5 easiest way to do it, 6 she had capped the silos in the past? 6 This is the voicemail that you 7 A. No, Eric had. 7 left for Jason on June 7th. I O. Eric was capable of doing that task, as I MR. BOVENDER: I will object to I well, prior to his injury? 9 the form. I think you can ask him to 10 A. That was one of his jobs, pretty much. 10 authenticate it once he hears it. 11 a. Did Nicole Oakley have any type of 11 MR. LIGORIO: Fine. 12 managerial responsibility at the farm? 12 VIDEO TECHNICIAN: Time is 1:58, 13 A. She was kind of like more in charge of l3 off the video record. 14 the cows because she knew -- she had an intimate 14 (At this time there was a brief 15 relationship with the animals and felt close to them 15 recess taken.) l6 and could identify them. l6 VIDEO TECHNICIAN: Time is 2:01, 17 O. So, that was kind of -- she liked to 17 back on the video record, l8 work with the cows? t8 (The following voicemail message 19 A. Eric was good at fixing. 19 was played: RONALD WOOD: Jason, 20 O. Kind of like a handyman type guy? 20 it is Ron. I could use your help. They 21 A. Yeah. 21 just buried my silo unloader, I don't 22 O. How long does the process of capping 22 know. Want to come out ton¡ght and work 23 the silos take? 23 on it? It's just going to get packed in 24 A. It depends on how level it was btowed 24 there tighter than hell. It's going to 25 in. f have seen it doire in an hour and I have seen 25 bend my unloader all to freakin' pieces. 122 124

1 it take three. 1 If there is any way, give me a ring, 2 A. Then once that is done, you don't have 2 s49-4901.) 3 to do it again until the silos are refilled? 3 BY MR. LIGORIO: 4 A. Risht. 4 O. First of all, Mr. Wood, I appreciate 5 O. Which is probably not going to be 5 you already answered interrogator¡es and said that is 6 until -- after June 15th, would there be another 6 the voicemail you left for Jason, right? 7 filling over the summer? 7 A. Risht. I A. Oh, yeah, there would be another I O. Since it wasn't the greatest audio, why I filling if we had fed out silage. But even somet¡mes 9 don't you -- did you hear what you said? 10 if the silo wasn't empty, we may raise the unloader t0 A. Yeah. 11 and start filling again for capacity and getting 11 O. Why don't you repeat your own words, to 12 things in. 12 the best of your knowledge, what you said, at least 13 O. To load it up so you would have enough 13 at the beginning? 14 haylage over the next season? 14 MR. BOVENDER: Are you asking him 15 A. You had to have enough feed, yeah. 15 to recite the voice message or do you 16 O. But the capping process, you are 16 want to know what he intended by the 17 telling me, would only take about three hours? 17 message? 18 A. It is the leveling process that ¡s the 18 MR. LIGORIO: Well, we are going 19 hardest part. 19 to ask him both. 20 a. How do you level? 20 BY MR, LIGORIO: 21 A. with a fork. 21 a. What did you initially say? I couldn't 22 O. With a pitchfork? 22 catch that first part. 23 A. Yes. 23 A, I told him that they had buried the 24 A. You go in there by hand and you 24 silo unloader and if he could come out and give me a 25 flatten? 25 hand, would that be something he would be interested 31 of 55 sheets Page 121 to L24 of 2L9 O3/02/20L7 01:18:42 PM 125 127 1 in. 1 A. It depends on how many cor¡ìrs. 2 A, When you said they, who specifically 2 O. Give me a range, like short to long? 3 were you referring to as the "they" in that message? 3 A. I have been in the barn until midnight 4 A. Eric. 4 on occasion and I have been when you don't have 5 a. They is plural, so, is there anybody 5 anything to do, I have been up at 8:30, 9:00 o,clock. 6 else you specifically were mentioning? 6 All depends on when I feed grain. 7 A. No. 7 O. Now, you testified you normally I O. Do you r:ecall what time you left that I wouldn't call somebody that late at night at I message? 9 10:00 o'clock, is that right? 10 A. It was after I got done in the barn; 10 A. Risht. 11 so, I will say 9:3O, lol0O o'clocþ maybe. ft was 11 a. why not? 12 normally later than I would normally have called 12 A. Why not? Because I hate to get a call l3 somebody. 13 late at night. 14 a. You said that you noticed this problem 14 A. Understood, Would it be typical to 15 about 7:30 p.m., right? l5 have to call somebody to come in and work on the farm l6 A. Yes. 16 at that hour of night? 17 O. And then it said after you got done in 17 A. No. t8 the barn, so, what were you -- you had some task to 18 O. Why in this particular case did you see l9 do in the barn after 7:30, apparently? l9 fit to make that call in the evening? 20 A. I had to feed the cows the¡r grain and 20 A. Because Jason had come out. As I sat 21 do some breeding. 21 there wondering what I was going to do, I said, geez, 22 a. What does that mean, feed the cows 22 Jason called, maybe this is something I can get him 23 their grain? Just you physically were the guy doing 23 to help me w¡th. 24 that? 24 a. So, it is kind of a coincidence, if you 25 A. Yeah. 25 will, that two days before he had come looking to do 126 128 f Q. Okay. Would you go in there and shovel 1 something and then this particular problem happened? 2 them the grain? How would you do ¡t? 2 MR. BOVENDER: Note my objection 3 A. With a scoop. 3 to the form. You can answer. 4 Q. W¡th a scoop. How many cows? 4 THE WITNESS: Yes. 5 A. 100,140. 5 BY MR. LIGORIO: 6 Q. Did you personally feed them all or did 6 a. Okay. Do you recall whether lason had 7 you have some help? 7 been around at all in the year of 2015 before -- you I A. I do; I always do. I said it was Friday, which we are thinking was I O. I gotcha. 9 June 5th -- do you recall him coming around? l0 A. Unless I go away. 10 A. r will say yes. 11 a. So, every night you go and you 11 O. Do you know if he did any work in 2015 12 personally feed, roughly, 140 cows? 12 for you at all in that six-month period? 13 A. Let's me review the cattle and, to be 13 A. No, but f know he stopped in at least 14 honest, it is a pretty peaceful time of night. Xt is 14 once, maybe twice to visit. l5 someth¡ng f enjoy doing. 15 A. Were you friends with Jason? 16 a. Gotcha. You said you also had to do 16 A. Yeah. 17 some breeding. What is involved in that? Is that 17 O. Did he ever visit you just on a 18 inseminating the cows? 18 friendly basis to s¡t around and talk? l9 A. Yeah, I can't remember whether I did 19 A. Yeah. 20 that night or not. 20 O. How long -- well, let nìe strike that. 21 A. How long does it typically take for you 21 Somehow he came to work for you in 22 to feed the cows? 22 2009, we know that. Is that when the friendship 23 A. 45 minutes, an hour. 23 occurred? 24 O. And how long would breeding take, if 24 A. Yeah, Jason was a pleasant guy to be 25 you did it? 25 around. 03/O2/2OL7 01:18:42 PM Page 125 to 128 of 219 32 of 55 sheets 129 131

1 O. And I take it you liked it when he 1 discussion held off the record.) 2 worked for you in 2009? 2 (The following is a discussion 3 A. Yeah. 3 held off the video record.) 4 a. And you said from time to time he would 4 MR. BOVENDER: Mr. Ligorio has 5 stop by and visit. Would some of those visits be 5 just handed me three pages of cell phone 6 primarily social, he was around and just wanted to 6 records with the FAX stamp dated 7 say hello? 7 December 4,20L6, that he indicated his I A. Yeah. I office had received prior but not 9 O. You were neighbors of sorts? I produced to me. l0 A. No. 10 Yesterday, following the partial 11 a. No. okay. 11 conclusion and adjournment of Mr. 12 A. He was over the hill but he would hang 12 Stone's deposition, I was also provided l3 out where I would repair tires or I would see him at 13 for the first time in the case 14 Subway or just casual run-ins but always pleasant. 14 photographs of what Mr. Ligorio l5 Some of his friends were my friends; he would be in 15 identified as being screen shots or 16 the area. 16 photos of the screen of Jason Kingsley's 17 A. Typical small town kind of stuff, 17 cell phone. l8 everybody is friendly, everybody gets along? l8 I reserved all objections to any 19 A. Yeah, yeah. l9 questions relating to these last minute 20 O. See each other? You are social? 20 discovery productions, particularly 21 MR. BOVENDER: Note my objection 21 following the conclusion of Mr. Stone, 22 to the form. I think there was three 22 and I am personally frustrated that the 23 questions there. 23 efforts I took to make sure Mr. Ligorio 24 BY MR. LIGORIO: 24 had everything at the start of these 25 O. okay. 25 depositions appears not to have been 130 132

1 A. Yes. 1 reciprocal. 2 a. The neighborhood, you stop by, see how 2 MR. LIGORIO: Well, if these 3 you were doing and things like that? 3 weren't provided, it was only due to 4 A. Yes. 4 oversight. 5 O. And from t¡me to time hê would say if 5 I am not saying we did or didn't 6 you ever need any help, I am willing to help you? 6 produce these. My records show we 7 A. Sometimes. 7 produced them. If by error I didn't or I O. Sometimes it would just be a purely 8 by oversight, I can tell you I 9 social visit where you would just talk? 9 personally don't recall seeing this l0 A. Yes. l0 document myself until yesterday. 11 O. And on this particular Friday, he 11 This one I definitely seen; I 12 mentioned he was a little slow in his gas job? 12 thought you had (indicating). 13 A. Said he had a couple weeks he could l3 MR. BOVENDER: I just want it to 14 sPare. 14 be abundantly clear that we are now 15 a. And if you had anything, to give him a 15 going over with my client documents that t6 call, and then it got to the point where you had this 16 I am seeing for the first time. 17 incident and you called? 17 MR. LIGORIO: I am basically going 18 A. Righr. 18 to ask him some baslc questions, 19 A. I have the cell phone records -- 19 specifically whether this is his phone 20 MR. LIGORIO: And, Josh, I did get 20 number, 21 a record -- go off the record a second, 21 VIDEO TECHNICIAN: Time is 2:t2, 22 I am sorry. 22 back on the video record. 23 VIDEOTECHNICIAN: Time is 2:09, 23 MR. BOVENDER: Jump back off the 24 off the video record. 24 video for a second. 25 (At this time there was a brief 25 VIDEO TECHNICIAN: Time is 2:L2, 33 of 55 sheets Page 129 to 132 of 219 03/02/2017 01:18:42 PM 133 135

1 off the v¡deo record, 1 Wood, is to call you at that number or see you in 2 (At this time there was a brief 2 person? 3 discussion held off the record.) 3 A. Or you can catl the -- Iet's say they 4 VIDEO TECHNTCIAN: Time is 2:13, 4 were at the barn, they could dial 549-49O1 and then 5 back on the video record. 5 hang up and I get a quick ring and I know it is from 6 BY MR. LIGORIO: 6 the barn. Kind of |ike the old -- you are not old 7 O. Mr. Wood, I am going to show you the 7 enough -- the old phones when you had party lines. I document, It is kind of small -- first of all, the I O. I am old enough for that. You are not 9 phone number, (570) 549-4901, that is your phone I that much older than me. l0 number? 10 A, If you wanted to get the volunteer f¡re 11 A. Yes. 11 department, it was a series of quick rings. 12 O, And as I understand ¡t, that number 12 O. Who provides that phone service? t3 rings in your home? 13 A, North Penn. 14 A. Yes. 14 O. So, if someone called it and 15 a. And that number rings in the barn? 15 ¡mmediately hung up, it would give a quick ring so -- 16 A. Yes. 16 A. Onty from one of my other phones. 17 O. Is there any other lines on that other 17 O. Okay. So, you call the owned number, l8 than those contained in your home and the one out in l8 So, you call that number from that number and hang up 19 the barn? l9 quickly and then you could call and use ¡t like an 20 A. No. 20 intercom; that is what it sounds l¡ke, 21 O, There is none in the milk room or 21 A. Technically, you just have a 22 anywhere else like that? 22 conversation with your own number. I don't even know 23 A. No, there is several in the house. 23 if that gets recorded, 24 O, My understanding is there is a white 24 O. I don't, e¡ther. 25 phone in the barn and you are apparently in the barn 25 A. I don't, e¡ther.

134 136

1 quite a bit? 1 O, If somebody is calling the barn, where 2 A. There is a handheld in the barn. 2 would they be calling from other than the phone in 3 O. And that's how people on the farm that 3 your house using the same line? 4 want to reach you, that's how they reach you? 4 A. If I called the barn, yes. 5 A. Nicki usually does by cell phone. 5 O. So, if you called the barn, the only 6 O. Do you have a cell phone? 6 person who would call the barn from the same line 7 A. No, she calls off of hers. 7 would be you? I O. She will call her cell phone to that I A. R¡sht. I number? 9 O. Someone in the barn could pick up the l0 A. Yeah. 10 phone and call you at your house? 11 O. I am not trying to be tricky here, 11 A. Yes. 12 A. You can make the 5,49-490L number ring 12 O. All right. or anyone on a cell phone 13 quickly by hanging up after you have started the 13 would call and all the phones would ring? 14 ringing. And if you hang up, it will ring to the 14 A. yes. t5 other phone on the other end. So, I can call the 15 O. Okay. Now, this is Jason's phone, I 16 barn or the barn can call me. 16 will represent to you, okay. These are numbers from 17 O. I am lost, 17 his phone. And we see on 5/7 and the time there is l8 A. That's good. 18 11:38 p,m,, It looks like there is a call from your 19 O. If I call that number on a cell phone, 19 number, 549-4901. Is that, potent¡ally, the call 20 it's going to ring where? 20 where you left that voicemail? 21 A. On all the phones. 21 A. That seems later than I thought. 22 O. Series of phones in your home? 22 O. But -- 23 A. And one at the barn. 23 A. But it is possible, 24 O, And one at the barn, You don't have a 24 O. And then we have got a call at 25 cell phone, so the only other way to reach you, Ron 25 5:36 a.m. 03/O2/2OI7 01:18:42 PM Page 133 to 136 of 219 34 of 55 sheets 137 139 1 A. Yep. 1 I don't think that has anything to do with the phone 2 O. Did you call Jason at 5:36 a.m., if you 2 calls, so.

3 remember? 3 I do show one outgoing call on June 7 4 A. No, he called me. 4 to your number from Jason's phone, I don't have the 5 a. And I can't tell whether these are 5 time but I show what appears to be that. 6 ingoing or outgoing, so you have to go by -- 6 So, your recollection is he called you 7 A. So, it must be his cell phone reversed 7 back that night? I the charges, because that's like when he called me I A. Yep. 9 back. And this -- I know this one he called me and f I a. Why don't you go over that discussion, l0 said where are you and he said I am up the silo. And l0 exactly what you recall Jason saying and what you 11 I said is everything all right and he said, yes, and 11 responded? 12 he was throwing s¡lage out. 12 A. Xt was brief, f will see you in the 13 O. So, what I am trying to get at is your 13 morning. 14 recollection. I don't want to get -- we are, 14 o. That's pretty much it? 15 hopefully, going to get some kind of report on the 15 A. Pretty much it. l6 phone to maybe make this a little more specific, but l6 a. No discussion of anything else? 17 I am going to use these as a reference point and ask 17 A. I might have mentioned how disappointed 18 you to use your memory. 18 I was over the s¡tuation and I thanked him. 19 A. okay, all right. l9 O. Anything else you can remember you 20 O. To see what you remember. The 5:36 20 specifically talking about? Just think. I want to 21 a,m. call, by your recollection, that's Jason calling 21 make sure; all right? 22 you at 5:36 a.m.? 22 A. There wasn't a lot. 23 A. Yep. 23 O. So, then the next time you would hear 24 a. And ¡n that phone call, when he called 24 from him would be early in the morning? 25 you, he was already in the silo? 25 A. Yep. 138 140 I A. Yep. 1 O. From what we see, it was 5:36 a.m, 2 Q. So, from what your memory is, you left 2 there was a call and that was you calling him or him 3 the voicemail, between the voicemail and that 5:36 3 calling you? 4 a.m. call, was there any contact between you and 4 A, He called me. 5 Jason? 5 A. what did me say? 6 A. From what time period to whatever? 6 A. I said, oh, I said, where are you? And 7 O. From the time you left the voicemail 7 he said, I am up the silo. And I said, How is it? I until he called you at 5:36 -- I am assuming it was I He said, Okay. And we talked a little bit and I left I 5:36. 9 him go and called Eric. you, l0 A. f told I thought he called me at 10 O. Take a step back. You said we talked a 11 11:36. 11 little bit, I want you to remember, as best you can, 12 a. Okay. Okay. That could very well be 12 and tell us, as best you can, the specific 13 the case. l3 conversation. 14 A. Off of the recorded and he said I will 14 A. f think I had asked him if he could l5 see you in the morning. 15 locate the unloader. l6 A. All right, thank you. That clarifies 16 A. What was his response? 17 things for me somewhat, 17 A. That was what he was going to do. 18 So, you left a message that could have 18 O. And the reason I am press¡ng you on 19 been earlier? It could have been at 10:00 or 10:30? 19 this is one of the reasons we do this, we don't want 20 A. That was my recollection. 20 you to come back later and say, boy, the light went 21 a. And he could have called you back, but 21 off, I remember something different. I am trying to 22 you did have a discussion with him on that evening, 22 pin down exactly what you remember. So, I want you 23 which would have been the 7th. I have some screen 23 to tell me anything else you remember about that 24 shots, but they don't have any times. 24 phone call. Now, we are talking about the early 25 So, you know, they say 11:09 a.m., but 25 morning phone call. 35 of 55 sheets Page 137 to 140 of 219 03/O2/20L7 01:18:42 PM 141 143 1 A. f don't have any spec¡f¡cs that f rA. No. 2 recall that were out of the ordinary anything. 2Q. Until -- no, you don't know the answer 3 O. What is the next contact you had with 3 to that? 4 Jason or Eric? 4A.. No. 5 A. I called Eric immediately afterward and 5Q. It should be on, correct? 6 told him Jason was up the silo, and he said, I know 64. Yes. 7 it, and proceeded to swear at me and told me he told 7Q. Did you ultimately determine that the I me he would get it, why did f hire him, and stammed I blower was filled with silage? When I say the 9 the phone down. And that was that. I blower, the filling tube was filled with haylage? I l0 O. Did you ever personally observe Jason 10 will use haylage and silage interchangeable. 11 getting into the silo? 11 A. No. 12 A. No. 12 O. Okay. So, you don't know whether it 13 A. When did you realize there was a 13 was filled or not? 14 problem in the silo? 14 A. r do now. 15 MR. BOVENDER: Note my objection 15 A. Okay. You have found out afterwards l6 to the form. You could answer. 16 that the filling tube was filled with haylage? 17 THE WITNESS: Someplace around 17 A. Basically, at the same time everybody 18 9:15 or 9:20. 18 was calling. 19 BY MR. LIGORIO: t9 O. How did it get filled with silage? 20 O. How did that come to your attention? 20 A. Apparently, when it plugged and Eric 21 A. Jason called me and said, Coutd you 21 was coming down the silo when I pulled up the hill, 22 turn the blower on, we are having some difficulty 22 apparently, he didn't take the t¡me to knock the 23 breathing. 23 silage out. 24 O. Do you know whether the blower was on 24 a. This would have been the night before? 25 when Jason went into the silo? 25 A. Yeah. 142 144 I A. No, I didn't know, but it wasn,t. 1 O. Is that something that should be done? 2 Q. How did you know or ultimately find out 2 A. Yeah, because, normallç if you leave 3 that it wasn't? 3 the silage set in the pipe, that gets tighter. 4 A. Because I immediately headed down after 4 O. Because it is wet? 5 he had called and I said he wants the blower turned 5 A. So, the next morning, again, Eric 6 on to the other two guys and they said they were on 6 climbed the silo and had to climb right over the top 7 ¡t. And we had the blower going. 7 of it and, again, didn't turn it on or check to see. I Q. So, you said you knew it wasn't on I O. Jason would have had to go by it, he I in it¡ally? I wouldn't know one way or another -- would he know one 10 A. No, f didn't. 10 way or another whether the tube was blocked? 11 O. You didn't know? 11 A. No. 12 A. No. 12 O. He wouldn't be aware of that? 13 A. You didn't know anything about it, 13 A. No. 14 really? 14 a. How would he become aware of that? l5 A. The basic -- 15 A. You would have known if you were up in 16 MR, BOVENDER: Note my objection 16 the silo and it wasn't blowing air. 17 to the form. 17 O. Do you know whether it was blowing air 18 THE WITNESS: The basic assumption 18 or not between 5:30 and 9:15? 19 was it was running. 19 A. obviously, not. 20 BY MR. LIGORIO: 20 a. Okay. So, it is your assertion that 21 A. All right. I am not asking you the 21 what happened here was it was pretty much clogged up 22 basic assumption, Sometimes I will ask you that. 22 from when the silo was overfilled? 23 But, specifically, did you know whether or not the 23 A. That is what they tell me. 24 blower was on, say, from 5:30-ish when Jason showed 24 a. It was never able to blow air or put 25 up? 25 air ¡nto the silo at any point in time from the time O3|O2/20I7 01:18:42 PM Page 141 to 144 of 2L9 36 of 55 sheets 145 147 I it was overfilled and that you knew it was overfilled 1 publications that I freely let the men took at. We 2 on 9:30 or so Sunday night until Jason's ultimate 2 constantly -- they went cell phones because they said 3 death? 3 it was easier to hear than yelling up. We used to 4 A. I had thought they had unplugged the 4 have walkie-talk¡es, but the batteries would wear 5 pipe. When Eric came down, I said to him this rests 5 out. They didn't work too well. But, I always did 6 firmly on your shoulders and I touched h¡m, because 6 it by yelling up the silo. 7 this was not the first unloader he had buried. And I 7 O. I appreciate the response, but my I said this one is on you. And I went in to feed grain I actual question was about your knowledge. Okay. So, 9 and I thought he went back up the silo and he went I I am asking you, Ronald Wood, as of June 7, ?OLS, you 10 home. 10 knew that there are certa¡n dangers associated with 11 O, To unblock the filling tube, was one of 11 working in a silo? 12 the things he would have to do? 12 A. yes. 13 A. And he had his fork set there and he t3 O. Okay. You tell us what are those 14 went home. 14 dangers. 15 O. You do acknowledge that Eric Stone was 15 A. Confined space. l6 working for you and was your agent at this t¡me? 16 O. What is the danger of a confined space? 17 MR. BOVENDER: Note my objection 17 A, Free flow of air. There are instances l8 to the form, 18 of gassing. You would see ¡t älso now in manure 19 THE WITNESS: Yes, l9 storage. Anyplace where there would be -- that you 20 BY MR, LIGORIO: 20 had to watch the flow of air. 21 O, Was he one of the people in charge of 21 O. You are also aware that haylage or

22 making sure that the farm was operating safely and 22 gralns or any natural product when it is placed in a 23 that the employees or anyone who was on the farm 23 confined space, there is a chemical process that 24 would be safe? 24 occurs? You are aware of that? 25 A. Yeah. 25 A. Go ahead. 146 148 1 O, You acknowledge that's also your 1Q. Are you aware of that? 2 responsibility? 2A., Which chemicat process? 3 MR. BOVENDER: Note my objection 3Q. You tell me. 4 to the form. You can answer. 44. I don't know, I am asking you. 5 THE WITNESS: Yes. 5Q. I get to ask the questions; you have to 6 BY MR. LIGORIO: 6 answer it, 7 O. What, if anything, did you ever do to 7 MR. BOVENDER: He is asking for

I train Eric Stone in terms of silo safety? I clarif¡cat¡on. You asked him if he is I A. To tra¡n Er¡c? 9 aware of a chemical process. 10 O. To train Eric. 10 THE WITNESS: What chemical 11 A, As a general rule, other than 11 process?

12 discussing what can go wrong with a sito, you went up 12 MR, BOVENDER: He is asking you to l3 with somebody that normally maintained or Iowered the 13 clarify. 14 unloader or worked in a silo and you tearn the 14 BY MR. LIGORIO: 15 process by like apprent¡cesh¡p. 15 O. I just asked you if you were aware of a 16 O. Well, if Eric Stone learned it by 16 chemical process of some sort occurs. You are either 17 apprenticeship, who was he an apprentice to? 17 aware or you are not. l8 A. I woutd have totd him and Eric had 18 A. Over a period of t¡me, usuatly, the -- l9 worked for me in the past before. 19 like after the fourth day, you would probably say you 20 O. You mentioned you would need to know 20 shouldn't be up there. 21 about the dangers of working in a silo; to your 21 O. why not? 22 understanding, as of June 7, 20L5, what were the 22 A. Because at that po¡nt ¡t becomes very 23 dangers of working in a silo? 23 limiting in what you cãn do. The farther down you 24 A, Welt, farm publications come out every 24 are in a silo, the more trouble you would be in. 25 year about silos and gas, a lot of th¡ngs ¡n 25 O. why? 37 of 55 sheets Page 145 to 148 of 219 03/02/2017 01:18:42 PM 149 151 1 A. Because the air gets heavy. I A. No. 2 A. And, again, you are not a chemist or 2 Q. Did you recognize that it would be 3 trained in chemistry or anything and neither am L 3 dangerous if one person was in a silo alone and got 4 What does that mean to you that the air gets heavy? 4 down too far where they couldn't get up? 5 A. Lack of oxygen. 5 A. Down too far that they couldn't get up? 6 O. Do you know why the air gets heavy as 6 O. Couldn't climb back out the top. 7 you go down for lack of oxygen? 7 A. Normally, you wouldn't go out the top. I A. No. 8 a. Where would you go out? I A. Okay. But you just know that to be a I A. You would go out the chute. 10 fact that that is something that happens in a silo? 10 A. Could they go out the chute in this 11 A. Yes, after several days it can form a 11 case? 12 9as. 12 A. Well, apparently not. 13 O. Do you know what gas? t3 A. Did it ever dawn on you that there 14 A. No. And I am sure there are different 14 could be a situation where you would have to get 15 types. l5 somebody out of a silo from the top prior to this? 16 O. Did you ever have a discussion directly 16 A. No, I never really thought about ¡t. 17 with Eric Stone explaining to him the dangers of this 17 A. It is fair to state that you had no l8 process? 18 means available on the farm to get them out from the 19 A. Yeah, he knew it, too. l9 top? You had no equipment in terms of a harness or 20 O. How did he know it? 20 crane, a lift, or anything to get someone out of that 21 A. Because you talk about different people 21 silo in an emergency should the chute become blocked? 22 in the neighborhood and, boy, that was tragic or -- 22 A. Correct. 23 and then you start talking about things like that and 23 O. In fact, none of the fire departments 24 how easy it is it could happen. 24 initially even had that equipment when they showed 25 A, Did you talk with Jason about it? 25 up, correct? 150 152 1 A. Yes. 1 A. Yeah. 2 O. What did you tell him and when? 2 O. Ultimately, they required the use of a 3 A. General conversation, be careful, watch 3 crane which had to be located, is that right? 4 what is going on. 4 A. I am not -- 5 O. What would he be watching for? 5 O. okay. 6 A. well, like r said, the first thing I 6 A. I am not sure of what all the equipment 7 asked him, how is the air, good. 7 they had. I O. You asked him that, when, at 5:30 in I O. Now, you talked about some training or 9 the morning? 9 some discussions with Eric Stone. You said you left t0 A. I said, Where are you? He said, In the l0 publications available for their -- 11 silo. I said, fs everything all right? Yeah. 11 A. Hoard's Dairyman, different magazines. 12 a. Did you specifically ask him how is the 12 O. Did you ever specifically give him 13 air? 13 articles to read on silo safety or confined space 14 A. Well, that would have been the 14 safety? 15 implication. 15 A. I can't say specifically. 16 a. Well, there is a difference between an l6 A. You would have some publications laying 17 implication. 17 around and people would read them? 18 A. You would have been worried about how 18 A. Well, there would be articles on calf 19 hot it is, which that is usually what you run into. 19 rearing. If there was something pertinent to the 20 It becomes quite uncomfortable. It's like working in 20 farm that I thought might enhance their knowledge, 21 a sauna. 21 that are might be something I would throw down. 22 O. Did you ever provide any breathing 22 A. But you don't remember ever 23 apparatus for anyone working in the silo? 23 specifically giving them any type of publications 24 A. No. 24 specifically or article relating to silo safety or 25 A. Did you think you should do that ever? 25 confined space safety? O3/O2/2OL7 0lil8:42 PM Page 149 to 152 of 219 38 of 55 sheets 't53 155 1 A. No. I June Bth? 2 O. Likewise, you didn't have any policy 2 MR, LIGORIO: Yeah, on June 8th, 3 regarding silo safety or confined space safety that 3 June 7th. 4 was an official policy at Gor-Wood Farms? 4 BY MR, LIGORIO: 5 A. No. 5 Q. Is that something individuals -- well, ô O. When I use these terms, I am talking 6 strike that. 7 about the farm you were operating at the time. 7 What were you doing when Jason and Eric I A. No. I were in the silo? First, Jason between -- first, I A. Were you aware whether the wet silage I Jason, from 5:30 or so in the morning until about 10 would be more dangerous than dry silage? l0 9:15 when he contacted you, what were you personally 11 A. Both get awful hot. 11 doing? 12 O. Do you know whether wet silage or dry 12 A. I was quite frustrated. I was trying 13 silage is more likely to release dangerous gases, if 13 to catt around and see what unloaders would cost and 14 you know? 14 working in the checkbook and then getting ready to go 15 A. No. 15 to the barn to feed grain and do chores. 16 O. No, you don't really know the answer to 16 O. So, even before this incident 17 that question? 17 occurred -- when I say this incident, Jason's l8 A. No. l8 death -- you were frustrated with the entire f9 a. You said, in your understanding, you l9 situation? 20 could go into the silo within the first four days of 20 A. Yeah. 21 filling it but it would become more dangerous after 21 O. And you are looking for unloaders 22 those four days? 22 because you knew you would have to replace the 23 A. I have done it within two. I don't 23 unloader because it had been damaged? 24 like to go in after that. 24 A. That would be one way. We weren't sure 25 A. All right, So, my question, again, is, 25 if it needed repair, replaced; just wondering what 154 156

1 to your understanding, ¡n terms of silo safety, you 1 one costs now. 2 believe it is safer to go in in the first two days 2 a. And is that something you would have 3 than it is after that time? 3 needed to do right away? 4 A. After what time? 4 A. Well, that's what they were doing was 5 O. After two days. 5 see¡ng how far, yeah. 6 A. Well, if you waited 1O to 15 days, you 6 O. You needed to get this fixed so you 7 would be safe, also. 7 could move the haylage and feed the cows? 8 A. Why don't I ask it so you could tell I A. In order to put a new unloader in, you 9 me. What, in your opinion, is the safe window of 9 need to have -- it is just Iike accessing from the 10 time to enter a silo? What is the unsafe window of l0 top. You said why isn't there a way out. When you 11 time? 11 are at the top, then you can work -- because the 12 A. I don't know if I would have that 12 tripod collapsed, you needed to be up at the top. 13 information, only what we had done in the past. t3 So, we would have had to have taken the old unloader 14 A. So, you really do not know the 14 out in pieces, refilled it, and then put another l5 specifics on timing in terms of entering a silo as to 15 unloader in. 16 what ¡s safe and what is not safe? l6 O. But my question is more geared towards 17 A. If the blower was running, you could 17 this was a priority that had to be done for the l8 enter any time. t8 operation of the farm, fixing the unloader and l9 a. That's your understanding? 19 getting this silo, so to speak, to work? It wasn't 20 A. Yes. 20 something you wanted to wait for? 21 O. Who was responsible for making sure 21 A. It was important to, yeah, because as 22 that the blower was running? 22 the silo settles, it wedges. So, in order to get the 23 A. Well, I would have assumed Eric, but 23 pieces out, it was much easier before. That vìrould 24 Jason knew, also. 24 have been like being set in concrete after awhile. 25 MR. BOVENDER: Do you mean on 25 A. So, there was an urgency to getting the 39 of 55 sheets Page 153 to 156 of 219 03102/2017 01:18:42 PM '157 159 1 unloader unblocked? 1 A. I would assume ¡t was around 9:15. 2 MR. BOVENDER: Note my objection 2 O. The next call, at least by the phone 3 to the form. 3 record we have, is at B:16 and that says incoming 4 THE WITNESS: I don't know if I 4 from 549-4901, which is your number? 5 would call it an urgency but you made it 5 MR. BOVENDER: Which phone records 6 a priority. 6 are these? 7 BY MR. LIGORIO: 7 MR. LIGORIO: These are Jason's. I a. Because the more it sunk down, the I MR, BOVENDER: Okay. I harder it will be to unblock? I THE WITNESS: Somebody could have 10 A. Sure. It would take that much more -- 10 called from the barn; I don't know, 11 did you ever try sticking a fork into concrete or 11 BY MR. LIGORIO: 12 into sawdust? That's the difference. 12 O. Okay, fair enough. l3 a. Also, it would do more damage to the 13 A. I am not sure. 14 unloader or -- 14 O. That's my question. Do you recall 15 A. No, the damage was probably already 15 having a discussion with him at about Bl16? 16 done. l6 A. Not at 8:16. That would have been 17 A. The damage was done -- 17 about the time Eric went up the silo. 18 MR. BOVENDER: Don, before you ask l8 a. The next note I have on this bill was 19 another question, may I use the 19 9:26 a.m, It looks like there is a call that is 20 restroom? 20 outgoing from Jason's phone to your number. 21 VIDEO TECHNICIAN: Time is 2:4L, 21 A. That would have been it then. 22 off the video record. 22 O. Okay. What did he say at that point in 23 (At this time there was a brief 23 time? 24 recess taken,) 24 A. He said I am having a little hard time 25 VIDEO TECHNICIAN: Time is 2:49, 25 breathing, could you turn the blower on. 158 160 1 back on the video record. 1Q. And what did you do in response to that 2 BY MR. LIGORIO: 2 request? 3 a. I am going to go through that phone 3 A. I immediately called down to Ray and 4 record again. I will look at just Jason's record, 4 said they need air. Put my shoes on. And Eric 5 So, you said that he called you and you 5 called right quickly afterward and said we are having 6 went through the discussion you had. You thought it 6 troubtes. And I said -- he said we can't breathe. 7 was like 9:00, after 9:00 o'clock when you found 7 And I said, f already told them, Jason already called I there was a problem in the silo? 8 me to turn the blower on. And I said, They are on 9 A. No. I called Jason after I got done I it, we have got it going. And he said, I told them l0 with my barn chores. What specific time, I don't 10 the blower won't work and that it was plugged. 11 know, but it would have been after 9:OO. 11 O. I am sorry, I am going to interrupt. 12 A. And -- 12 Eric said in this phone call I told them, meaning, l3 A, It could have been 1O:OO. 13 Ray and Junior? 14 O. That's the night before, right? 14 A. I have no idea. I told them -- 15 A. Yes. 15 O. These are Eric's words? 16 A. No, we are off that. We are in the l6 A. He had some adjectives. He was 17 silo now. 17 swearing. And I said, Well, then come down the 18 A. Okay. 18 chute, and he said, I can't, it is plugged. And, so, l9 a. So, we are in the silo, l9 I headed into the room -- 20 A. Oh, the next morning, I got you. 20 O. The silo room? 21 O. we had the 5:30 a.m. call? 21 A. -- and there was no silage. And I 22 A. Yep. 22 stafted to walk down the manger and here came Nicki. 23 O. He said it was, okay. And then, by 23 O. I am going to take a step back, because 24 your recollection, it was what time when you found 24 you are going quick on th¡s and we got to take it 25 out there was an issue? 25 slower so I can understand it step-by-step. 03/O2/2Ot7 01:18:42 PM Page 157 to 160 of 219 40 of 55 sheets 161 163 1 So, you have a call with lason where he 1 fill pipe. ft is a clasp. 2 indicates to you that they are having some difficulty 2 O. why did they take that off? 3 breathing, correct? 3 A, To get the silage out of the tube. 4 A. And we had the blower running. 4 O. Because they tried to run the blower 5 Q. And the next thing you said was you 5 and it wouldn't blow? 6 then called Ray to get the blower running? 6 A. My impressioni never asked them. 7 A. Right. 7 O. Okay. And in your assumption, it I a. Where was Ray when you called him? I wouldn't blow because the tube was filled with silage I A. Right there. 9 or haylage? I am using them interchangeably. 10 A. By right there, at the silo? 10 A. Yeah, you would have to ask them 11 A. Someplace around the silo room or 11 exactly what they -- 12 outside. 12 A. And they would have taken the band off l3 A. You called Ray on a cell phone? 13 to try and free it up? 14 A. If I remember right. 14 A. Right. l5 O. Att right. l5 a. Were they successful in that? l6 A. I might have yelled out. I can't 16 A. As far as I knew. 17 remember. 17 a. Well, did you follow-up? t8 a. Okay. And I understand that. You made 18 A. But then paramedics came. I am not l9 oral contact with Ray either on the phone or by l9 sure who called them, it was either Junior or Ray. 20 yelling? 20 Although, they could have called from the silo, too. 21 A. Yeah. 21 O. I am just trying to go through this as 22 O. Can you yell from the barn and be heard 22 a timeline step-by-step. 23 by the silo? 23 A. And they, the fire company, turned the 24 A. I would have been on the front porch or 24 blower off. 25 something like that. 25 O. I understand that. The first call at 162 164 1 A. Front porch of what? 1 9:30 from Eric -- I am sorry, from Jason and then 2 A. My house. 2 another conversation -- first thing you do is you get 3 A. So, you may have been in your house 3 a call from Jason. Then you go and you tell Ray to 4 when you took the call about -- if you remember, were 4 get some air in there. And after that happens, Eric 5 you in your house when you got Jason's call? 5 calls and you and him have one of your discussions 6 A. I would have had to have been because 6 where you apparently throw some expletives back and 7 it was the only -- yeah, I know I was in the house 7 forth? 8 when I took Jason's call. But I don't know -- f I A. It went from Jason being rather catm to 9 don't recall Eric's, but it had to be in the house I Eric being rather panicked. 10 because it came quickly thereafter. 10 O. In this call with Eric, what did Eric 11 A. Okay, So, Jason calls, you either go 11 say specifically that you remember? 12 out on the porch or call from your phone to Ray 12 A. He couldn't come down the chute, ¡t was 13 Allen? 13 plugged. And I said I was just in there and there is 14 A. Yeah. 14 nothing. And he said it is plugged up the chute. l5 O. And you say to Ray specifically what? 15 A. You said you were just in there, in 16 A. Jason needs air, turn the blower on. t6 where? 17 O. Does Ray respond? 17 A. fn the silo room. 18 A. Yes. t8 a. So, you went in the silo room? l9 O. What does he say? 19 A. Right. You remember the pile of 20 A. They had thå blower going. And when I 20 silage? 21 went -- when I went around the corner to see him, 21 O. Yes. You went in the room. You are 22 they had taken the band off, he said it was plugged, 22 telling me when you went in the room after 9:30 the 23 so they got it going. 23 chute wasn't blocked? 24 a. what is the band? 24 A. No. 25 A. It holds the red blower to the white 25 O. It was fully open? 41 55 of sheets Page 161 to 164 of 219 03/O2/2OI7 01:18:42 PM ,t65 167 I A. R¡ght. I I have to, I don't want to lose the time frame in my 2 Q. Why would they be having trouble 2 own mind, 3 breathing or unable to get out? 3 The call to Eric, is that the call 4 A. It was plugged up in the chute. 4 where you told Eric that the chute is clear, come 5 Q. So-- 5 down the chute because you had looked and got a quick 6 A. A¡most your head high. 6 visual? 7 Q. Okay. We are going to look at 2. So, 7 A. It was only one conversation with Eric. I this is looking down? I A. After 9:30, did you have any 9 A. up. I conversations with Jason or Eric? t0 O. Up, okay. 10 A. No. I tried to call Jason, but, 11 A. My guess. 11 apparently, he was already in the chute. 12 A. Let's say this is looking up. So, when 12 O. And there is four -- there is about 13 you looked, you could look up and you didn't see it 13 four calls on the screen shot of Jason's phone. 14 was blocked? 14 MR. BOVENDER: We need to mark l5 A. This area down here was opened 15 this. 16 (indicating). Do you have your pictures? 16 MR. LTGORIO: Yeah, we can do 17 a. Yeah, You can look through and pick 17 that. l8 whatever p¡cture you would like, if that helps you. 18 (At this time Wood 19 A. Well, it might help you understand l9 Exhibit Nos. 29 and 30 were marked 20 better and we can move this along. Look for the one 20 for identification.) 21 with the pile of silage in front of it. 21 BY MR, LIGORIO: 22 All right, that's just what it looked 22 O. The four missed calls -- I believe 23 like. See the pile of silage? 23 that's what that means when the little phone is 24 O. I do. 24 there. You don't even have a cell phone, so you 25 A. Here is the chute. It was open. If I 25 won't know, but, apparently, there is a mark there 166 168 1 stood you up -- 1 for missed calls. Could that be you trying to call 2 a. This is 12, by the way, just so we 2 Jason at that point? 3 know. Okay. I got you. Keep going, Ron. 3 MR. BOVENDER: Are you asking him 4 A. So, at a quick visible, you would say 4 if he called Jason at that point or 5 everything -- that's why I said come down the chute. 5 asking him what is depicted in the 6 O. All right. So, when you went and you 6 unmarked photograph? 7 looked, you saw the bottom was open, but you said a 7 MR. LIGORIO: Well, he probably I quick visual, you didn't bend over or stick your head I doesn't know what is in that. 9 up and peer up? 9 BY MR. LIGORIO: l0 A. R¡ght. That's not -- and it is not a l0 a. Did you try and call Jason at that 11 very safe thing to do. 11 point in time? 12 O. Stuff might come down on you? 12 A. I tried calling Jason one other time. 13 A. Yeah; I mean, people drop forks. l3 O. Just one other time? 14 O. But you ultimately found out that it 14 A. But, you know, I can't recall if I l5 was blocked at some level above this? l5 asked somebody else standing at the base and used t6 A. Right. Nicki sa¡d to me. And, 16 their phone or whether I called, because I know I 17 apparently, Eric or somebody had called her, and you 17 left the house when Jason had called shoÊly t8 are going to have to check all of that out. I went 18 thereafter. But that's how quick Eric's call came 19 up ¡n as far as I could, which was bas¡cally standing t9 from we are having a little difficulty to there is 20 on th¡s rung. And with a bar and wiggling this cord, 20 problems. 21 I unplugged as far as I could and there was still 21 A. So, you may have had somebody else 22 silage up in above that. 22 trying to call Jason or somebody else may have been 23 A. We are jumping ahead time-wise now. 23 trying to call him, as well? 24 A. Ail right. 24 A. It is very hard to tell what was all 25 O. So, I hate to keep repeating myself but 25 going on at the same time. O3/O2/2OI7 01:18:42 PM Page 165 to 168 of 219 42 of 55 sheets 169 171 f Q. And anybody could have picked up that 1 wet. But I doubt that, but it is the only other 2 phone in the barn and tried to call? 2 possibility that f know of. 3 A. Yeah. 3 O. And you were aware -- 4 Q. What was your understanding of the 4 A. It had to be one of the two. 5 process of how the silage would be cleared from the 5 O. And you are aware that is something 6 chute? 6 that could happen in the chute, that it could bridge 7 A. They were throwing it in calts or he 7 and block? I put it under here, But it's obvious from the pile I A. Yes. 9 here that they must have been throwing out more I A. Had that happened before on the farm in l0 silage than they could take away, because when I went t0 any of your silos? 11 in, there was piles of silage all over and out around 11 A. I have been in a silo before that -- 12 the corner on the wall. 12 O. That? l3 O. When you went in to look in the chute, l3 A. -- that had some silage backed -- I 14 was anyone there? Was Junior Bartlett or Ray Allen 14 mean, you really look for it. l5 there? 15 a, What do you see if it happens? What do 16 A. They were getting the blower going. 16 you do when it happens? 17 O. They were? 17 A. You look for daylight. 18 A. By that time they weren't throwing l8 O. What if you can't see daylight? l9 anymore. l9 A. You stop throwing. 20 O. When did they stop throwing? 20 A. Then what do you do? 21 A. I am not sure. 21 A. Then you can go down. 22 O. Did they stop throwing because you told 22 O. Well, how can you go down if it is 23 them to stop throwing or had they already stopped 23 filled with haylage? 24 throwing at that point in time? 24 A. You don't go down the chute after -- I 25 A. The only thing I saur was the police 25 mean, you can see how far it is. I am talking about

170 172

1 report that sa¡d Eric said they stopped. That's all 1 you just looked down two minutes ago and there was 2 -- I have no idea -- 2 daylight and suddenly there isn't. And you can kick 3 O. -- when they stopped? 3 through or you can yell for somebody to get it out of 4 A. Other than Jason called me and then 4 the way. I don't know what transpired and you are 5 Eric called me. 5 asking me quest¡ons that I can't honestly answer. 6 O. So, you weren't watching them out there 6 A. I am asking you in a general sense 7 in the process? 7 because you know an awful lot about silos, fair I A. f thought I had lots of help there and I enough, and working in them? I r-- 9 A. But you are still asking me to try and 10 O. It does seem that what actually t0 tell you what happened and f don't know. 11 happened or part of it was, just like you said, they 11 O. All right. We can ask Mr. Allen and 12 weren't getting this cleared fast enough, Jason and 12 Mr. Bartlett. They will have more knowledge because 13 Eric were throwing -- pitching haylage down the 13 they were directly there, 14 chute, and the chute backed up. It does appear, from 14 A. That would probably be the smart. 15 what you could tell, what happened; fair enough? 15 O. Other than the cell phones and your 16 A. The only other exptanation would be 16 phone in the barn, there was no way to communicate 17 that it bridged. 17 from inside the silo with somebody outside the silo? 18 O. What does that mean? 18 A. Oh, no, I always -- before they had 19 A. Well, when you are throwing someth¡ng 19 cell phones. 20 down and it bridges across. 20 O. What did you do, yell? 21 O. Okay, So, just formed a block higher 21 A. Yeah. I mean, ¡t vìras no big problem. 22 up? 22 O. How far down from the top of the silo 23 A. Well, you have these steps -- and I 23 were they when they realized they were trapped? 24 have seen it do it before -- that ¡t starts building 24 A. 15 feet, from what Jason said. That 25 up and you get a little pile and it bridges if it is 25 was, also -- I discussed that with him when I first 43 of 55 sheets Page 169 to L72 of 219 03/02/2017 01:18:42 PM 173 175 1 talked with him at 5:30, how far had it settled. 1 A. Right. She needs to have his name, his 2 A. Because I am pretty sure I asked you to 2 date of birth and address. And this would be single 3 tell me everyth¡ng you remembered about the phone 3 with one and g5O. 4 call and you didn't tell me that. I am not saying 4 O. And that would generate this check that 5 you hid it from me, but is that something that your 5 was issued for over i43.74? That's the next object I 6 memory has been jogged? 6 am showing you, which is the actual payroll journal 7 A. No, I just recall that it had been -- 7 showing a payment to Jason Kingsley. There is a date I and I said to him how far down are you, and he said I of 6/11/15 on it? I three doors, which would be about 15 feet. 9 A. Yes. l0 A. And that was at 5:30 in the morning? 10 a. So, the first document is what you give 11 A. Yep. So, that's how much the silo had 11 to Don White and then in response to that, they 12 settled overnight from above the concrete. 12 generate the second document, which is a copy of the 13 A. Why couldn't he climb out the top? 13 check stub? 14 A. t5 feet. 14 MR. BOVENDER: He just testified 15 O. No way to reach up to the top? l5 the first one is not his handwriting. l6 A. No. The unloader runs around the silo 16 THE WITNESS: I would have given 17 on the edge of the concrete and it has chipper wheels 17 Carrie that works in payroll. 18 that take that silage off; so, any obstruct¡ons out 18 BY MR. LIGORIO: 19 in the way, your doors fit exactly in to give a flush l9 A. So, you may have verbally given her 20 surface. So, you can't have anything hanging down. 20 that information? 21 It would entangle anything with an unloader. 21 A. Oh, yeah, I usualty do. 22 a. I just have a few more documents to 22 A. And then she would have written it 23 talk about. First is the W-2 form. This is all 23 down -- I understand it's an assumption to some 24 stuff you would have seen. 24 extent -- in order to generate the check to Jason 25 I will try to move a little quickly on 25 Kingsley? 174 176 1 that. That's the 2009 W-2 form when Jason worked for 1 A. Right. 2 you in 2009; fair enough? 2 a. Of course, it was done after he died; 3 A. yes. 3 fair enough? 4 (At this time Wood. 4 A. Right. Wednesdays were paydays, 5 Exh¡bit No. 31 was marked 5 (At this time Wood 6 for identification.) 6 Exhibit No, 33 was marked 7 BY MR. LIGORIO: 7 for identification.) I a. Okay. I don't know what this is, It 8 BY MR, LIGORIO: I says Jason Kingsley, has his date of birth, looks I a, This is the W-2 form for 2015 for l0 like an address, and then it says S-1, 950, That was 10 Jason, correct? 11 part of payroll journal -- 11 A. Yes. 12 A. That would have been what I took in 12 (At this time Wood l3 payroll. 13 Exhibit No. 34 was marked 14 (At this time Wood 14 for identification.) 15 Exhibit No. 32 was marked l5 BY MR. LIGORIO: l6 for identification.) 16 a. That's issued based on information you 17 BY MR. LIGORIO: 17 provide to Don White; fair enough? I am looking at a 18 a. Okay. So, is this your writing? 18 FAX I received and it has got The Real Estaters of 19 A. No. 19 Mansfield. It's from RobertT. Wood. 20 a. Do you know whose writing it is? 20 A. That's my brother. 21 A. Probably somebody at White's. 21 O. What is his involvement? 22 O. So, when you say what you took into 22 A. I had to use h¡s FAX. 23 payroll, you would go up to White and say this is 23 a. That's the only involvement, you used 24 what somebody who worked here, that's the payroll for 24 his FAX machine? 25 him? 25 A. um-hum. 03/O2/2OL7 01:18:42 PM Page 173 to 176 of 219 44 of 55 sheets 177 179 1 A. This document was FAX'd -- I don't know 1 MR. BOVENDER: Yeah. 2 what this is. Do you recall FAX'g th¡s and what it 2 MR. LIGORIO: All right, we will 3 is or why you did it? 3 mark it. 4 A. I don't know what goes with it. 4 MR, BOVENDER: Just so it is clear 5 a. Okay. I am assuming maybe the report 5 for the record, the FAX is 35, the 6 of injury? 6 employer's report is 36. 7 A. Oh, yeah, I think this guy was involved 7 (At this time Wood I with Workers'Comp and I think he was retiring. 8 Exhibit No. 36 was marked I MR. BOVENDERI Don, I am going to I for identification.) 10 ask that we mark these now so when he is 10 BY MR. LIGORIO:

11 pointing to things, we can note in the 11 O. As far as the FAX, that looks like a 12 record. It is gett¡ng awfully messy. 12 FAX you sent to the State Workers' Insurance Fund, 13 MR. LIGORIO: Let's mark it the 13 you are just not sure what you included with it? 14 next number. 14 A. Rishr. l5 THE WITNESS: That was Workers' 15 O. Okay. This looks like -- well, you 16 Comp. 16 tell me, what do you think that is, if you know? It 17 (At this time Wood 17 looks like part of a Workers' Compensation audit, to 18 Exhibit No. 35 was marked l8 me. l9 for identification.) 19 A. what is rsr? 20 BY MR. LIGORIO: 20 O. I don't know. I am only asking if you 21 A. Did Mr. Davies call you and say he 21 know. If you don't know what it is -- 22 needed information regarding this incident? Is that 22 A. It looks like something, perhaps, Duane 23 happened, if you remember? 23 had issued or Don White's office had issued because 24 A. Can't remember. 24 it has actual an estimate. 25 MR. BOVENDER: We are looking at 25 a. Let me take a look at it, 178 180

1 what is going to be marked as Wood 35. 1 A. Principals -- I am not really sure. 2 THE WITNESS: If I could see what 2 (At this time Wood 3 went with it, I could tell you. 3 Exhibit No. 37 was marked 4 BY MR. LIGORIOI 4 for identification.) 5 O. I am not sure this went with it, but 5 BY MR. LIGORIO: 6 this was close proximity to it. 6 a. Okay. These are documents that were 7 MR. BOVENDER: What do you mean it 7 produced by you and your counsel, This looks like I was in close proxlmity to it? I another Workers' Comp audit or some type of audit. I MR. LIGORIO: You know what, I 9 Okay. It says audit on it, an audit date from 2010. l0 don't know if -- 10 And it will ask you a few questions about it.

11 MR. BOVENDER: Ask him what it is 11 It lists the principals of Gor-Wood D 12 and stop. I am going to ask you to be 12 Holsteins as Ronald Wood, Gordon Wood, and Timothy 13 sworn if you are going to testify, Don, l3 Wood, Those are the three partners in Gor-Wood 14 BY MR. LIGORIO: 14 Holsteins, at least as of 2010, correct? t5 O. Do you know what it is? 15 A. Correct. 16 A. It is an acc¡dent report. 16 (At this time Wood 17 A. Do you know whether that went with the 17 Exhibit No. 38 was marked t8 FAX or not? 18 for identification.) l9 A. I really don't, because this would have l9 BY MR. LIGORIO: 20 been produced and sent to me. There must have been 20 O. I have another document from a Workers' 21 something -- I don't know. 21 Compensation audit. Again, this was for the policy 22 O. okay, that's fair enough. 22 period of 5/IlL4 through 5/IlL5. There is a whole 23 MR. LIGORIO: I won't mark that 23 bunch of names. I am going to try to read them to 24 since he didn't say anything about it. 24 you just so I can find out if they are your employees 25 Or do you want it marked? 25 or Tim's, because this would include both yours and 45 of 55 sheets Page L77 to 180 of 219 03/02/2OI7 01:18:42 PM 181 183

I Tim's employees for Gor-Wood D Holsteins, is that 1 MR. BOVENDER: Is that a copy of 2 right? 2 that? 3 A. Yes. 3 MR. LIGORIO: No, they are 4 a. So, Tanya Abbot? 4 different. 5 MR. BOVENDER: Do you know that ¡s 5 THE WITNESS: The next one is 6 what that reflects? 6 Raymond. That's mine. 7 THE WITNESS: I am not sure until 7 BY MR. LIGORIO: I he starts reading them. I a. I know Ray is yours. Patrick Aumick? 9 BY MR. LIGORIO: I A. He worked briefly. l0 O. Well, I will tell you again, you 10 a. Nathan Ayres? 11 produced this document. And this says, audit 11 A. He worked briefly. He worked for Tim. 12 summary, policy period 5/U14 to 5/LlL5. 12 A. Harold Bartlett, we know he was working 13 A. who is it from? 13 for you? 14 a. I believe it is a Workers' Comp audit 14 A. Yep. 15 from the State Workers' Insurance Fund, That's the l5 a. John Borger? l6 carrier listed. We talked about these audits before, 16 A. With Tim. 17 how you went through them. 17 a. I can't read that, something Bruce? 18 A. It might be something that Duane had 18 A. Tim. It was Bruce. l9 done. This is not a format I am familiar with. l9 O. Merle Cole? 20 O. I understand that. I w¡ll just ask you 20 A. Briefly, if you could get him out of 21 these names. 21 jail enough. 22 A. Okay. 22 a. Sharon -- and is it Ganiz or Corinz? 23 O. You can tell me as of June 7th of 2015, 23 A. I don't know. That must have been down 24 whether these individuals worked for you, Tim, or 24 at T¡m's because I d¡dn't have any Sharon. 25 both; okay? 25 a. Corey George? 182 184 1 A. What happens if they weren't working 1 A. He helped Tim. 2 but had worked previously? 2 O. He was the fellow that was killed, as 3 A. Whatever you remember about them, who 3 well? 4 they worked for. Again, this is from June of 2014 4 A. It was my nephew. 5 through June of 2015. 5 O. When he was killed, he was working for 6 A. Risht. 6 Tim? 7 a. Or, actually, May. It is May -- the 7 A. He did field work. I audit period says May I, 20t4, through May 1, 2015. I O. For you, Tim, or both? 9 Talk about that period of t¡me. 9 A. Both. l0 A. Let's see what we come up with. 10 a. Geoffrey ceorge? 11 A. Tanya Abbot? 11 A. That's his brother. He is Tim's 12 A. who? 12 stepson. 13 O. Tanya Abbot? l3 O. Did he work for you in this period of 14 A. Oh, that is Nicole's girlfriend. I 14 time? l5 hired her briefly to feed some calves. 15 A. Not in this. 16 A. Jake Adams? 16 A. He may have over the years? 17 A. Gone. 17 A. It would have been the previous fall. l8 A. Did he work for you at that time? 18 They may have helped fill some silo. 19 A. He worked briefly. He was in trouble 19 O. Thomas Gruver? 20 with the law. 20 A. He worked for Tim. 21 a. Somebody Adams, Lori Adams, maybe? 21 O. Clayton Jones? 22 That's tough to read. Did you have an Adams working 22 A. He worked for me. He got picked up. 23 for you? 23 A. Picked up as an extra? 24 A. I have no idea who that is. 24 A. No. 25 O. okay. 25 O. Picked up by the law? 03/02/2017 01:18:42 PM Page 181 to 184 of 219 46 of 55 sheets 185 187 1 A. Yeah. 1 a. Jesse -- 2 a. Clayton Jones? 2 A. And Jesse Truit had helped me and then 3 A. That's what you just read. 3 went to work at Tim's, but I don't know if it was 4 A. I did. Scott Krause? 4 that year or when. 5 A. He is my feeder. He is there. 5 A. Okay. There was some talk about 6 O. He is still there? 6 Jason's sister, Kristen, and a boyfriend, Jesse, who 7 A. Yeah. 7 worked on the farm? I A. Mr. Bartlett is no longer there, right? I A. I don't know who her boyfriend is. 9 A. No. I A. Okay. It was back in 2009, so you may l0 O. Was he terminated or did he quit? 10 not remember, You don't have any memory of that? 11 A. Terminated. 11 A. No. 12 O. why? 12 O. In your Answers to Interrogatories, 13 A. well, he had his hands between the milk l3 when I asked about who may have seen Jason working on 14 tester's legs from behind, but him and I had had an 14 the farm between 2009 and 2015, you mentioned that t5 altercation and I threw him out of my house, so. l5 his sister would visit him there? l6 O. I will ask him about that. Is that a 16 A. H¡s s¡ster -- f don't know what years 17 Glen Layser? 17 it was, but X remember his sister coming up and I 18 A. He was just temporary. He spread some 18 said attractive girl. The thing I remember the most l9 manure for me. l9 is she had this Pug dog that I got quite a kick out 20 A. Margie McClure? 20 of. 21 A. Tim. 21 a. Was that probably back in 2009 when he 22 O. Mark Oakley? 22 was working steady? 23 A. T¡m. 23 A. Could be, yeah, probably. 24 O. Is he related to Nicole? 24 O. okay. 25 A. Father. 25 A. And then he briefly lived with her for 186 188 1 a. Nicole works for you, we know that, I a while and I would see him on the street or 2 right? 2 whatever. 3 A. Yeah. 3 (At th¡s time Wood 4 o. Does she still work for you? 4 Exhibit No. 39 was marked 5 A. Yes. 5 for identification,) 6 a. Kevin Peoman? 6 BY MR. LIGORIO: 7 A. Oh, he worked for Tim. He was a school 7 a. Tell me, in your opinion, why this I boy. I happened. I a. I can't read that one, Sterling Rogers? 9 A. I don't know. 10 A. Sterling Rogers. He was mine, brief. l0 O. Fair enough. 11 O. Michael Snay, we talked about him 11 A. I honestly don't know. I ask myself 12 before? 12 why every night. 13 A. On and off, brief, works two weeks, 13 A. Can you think of anything you could 14 leaves for a month. 14 have done to prevent it? l5 A. Terry Sargent? l5 A. I had four people -- you run it through l6 A. No, he only worked briefly. 16 your head night after night after night. I have many 17 O. Warren Squire? 17 scenarios that I think somet¡mes why didn't I do th¡s 18 A. He helped Tim. 18 or why did he do this or why didn't they do this and 19 O. Eric stone we know. 19 none of them come up the r¡ght answer. 20 A. Yeah. 20 a. Okay. Give me a few minutes. I am 21 O. I can't read that one. Jesse Truit. I 21 just about done. 22 think his name is Colt, right, Taber? 22 Would the individuals from Cole Farms 23 A. Colt, oh, he was a boy that helped me. 23 recognize when the filler tube was blocked? 24 But he just was periodic. His mother would only let 24 A. Not unless it stopped the blower and 25 him work so many hours. 25 the silage would start runn¡ng over on the ground and 47 of 55 sheets Page 185 to 188 of 219 03/02/2OL7 01:18:42 PM 189 191 1 then, perhaps, the table would plug if you didn't 1 O. I am talking about the fill pipe. 2 shut off quick enough. 2 A. You are talking about Sunday night? 3 a. Do you know if that, in fact, happened 3 A. I am talking about the fill pipe now. 4 in this case or not? 4 And maybe I lost you. 5 A. It would stall off the tractor, also, 5 A. No, but you are talking about Sunday 6 if it plugs hard. 6 night when we finished up. 7 A. Didn't that have to happen? It was 7 O. Sunday night you knew it was blocked? I plugged all the way. Ultimately, you determined that I A. I sa¡d ¡t was all shut down. What all I it was completely plugged. I enta¡led, I don't know. And I had made the t0 A. No, f don't know that. It would ptug. 10 assumption that Eric was out there taking ¡t apart. 11 That doesn't mean it plugged all the way. 11 But, apparently -- and I didn't know he had not -- 12 A. Well, at any time was a¡r able to be 12 his fork sat there. I was yelling up the silo to 13 pushed through it? 13 him. 14 A. No. I am saying lots of times when you 14 a. His what sat there? l5 take the silo pipe out, ¡t is only blocked for a 15 A. His fork. I thought he was go¡ng to l6 short distance, l¡ke maybe l0r 20 feet. Sometimes it 16 take a fork -- 17 is only blocked in the middle of the silo. It is an 17 O. Pitchfork? 18 odd thing. 18 A. -- up the silo. 19 O. So, again, it is wet haylage, so 19 O. So, your anticipation was Eric would 20 that -- you called it a bridge and the other thing, 20 unblock the filler tube at some point on Sunday 21 but it can clump up and block the tube? 21 night? 22 A. R¡ght. f remember I had a screw as big 22 A. I thought he was up the silo, and he 23 as this t¡p (¡nd¡cat¡ng) and we couldn't f¡gure out 23 had gone home. 24 why it wouldn't work and ¡t was bridging around that 24 O. When you met with Ron Wood and Denise 25 screw. 25 Kingsley after this, what did you tell them? 190 192 1 O. So, any little object that gets mixed 1 MR. BOVENDER: Ron Wood? 2 in with the haylage, especially when ¡t is wet -- 2 BY MR. LIGORIO: 3 A. No, because it's such a bulky, longer, 3 a. Not Ron Wood, John Kingsley and Denise 4 fibery substance. But airflow ¡s ¡nterest¡ng. It 4 Kingsley, you did meet with them a couple days after? 5 works the same blowing up the silo. 5 A. I called them and I told them that I 6 O. well-- 6 owed them an explanation of, anyth¡ng that I knew, 7 A. It backs up. 7 and he said f would like to come up. I A. In the past, the tube would become I a. And they came up? I blocked on numerous occasions, it sounds like, for 9 A. And we did a walk-through. I told them 10 various reasons? 10 what I knew. They did a visual. And that was that. 11 A. Yeah, it was an ongo¡ng -- that was one 11 O. What specifically did you tell them? 12 thing you watched for. But ¡t wasn't because the 12 A. Oh, I can't recall. I told them -- Mr. 13 silo was full. l3 Kingsley was under the impression that his son had 14 a. Okay. Who was watching for that while 14 been buried, and it took four explanat¡ons over the 15 Eric Stone and Jason were in the silo? l5 course of a little period of t¡me to make him -- just 16 MR. BOVENDER: Watching for what? t6 like explaining to you, he did not quite grasp his 17 BY MR. LIGORIO: 17 son was working on top of silage. He was under the 18 A. Watching for the tube to be blocked. 18 impression we had blown it in on top of him and had 19 A. Apparently, ¡t d¡dn't that day, I don't 19 buried him alive or -- 20 know. 20 a. What did you tell him had happened? 21 O. Well, again, it blocked because no air 21 A. I told him he had went out ¡nto the 22 got into the silo; we know that. 22 silo chute and -- 23 MR. BOVENDER: Are you talking 23 O. And what? 24 about the fill pipe or the chute? 24 A. From my understanding and the way he 25 BY MR, LIGORIO: 25 came out, he was upside down. 03/02/2OL7 01:18:42 PM Page 189 to I92 of 219 48 of 55 sheets 193 195

1 O. But did you tell them what the cause of 1 very wet, Tell me what you recall. 2 the incident was or why he -- 2 A. Well, haylage normally goes up at 62 to 3 A. Lack of oxygen. I don't know. 3 72 petcent mo¡sture, so. 4 MR. BOVENDER: The question was 4 O. Was this haylage wetter than usual or 5 did you tell them? He is asking you 5 typical? 6 specifically what did you tell John and 6 A. Typical, but it was ctover and alfalfa 7 Denise Kingsley. 7 and grass. I THE WITNESS: Honestly, the I O. What does that mean? I hardest thing for me to do was face I A. It could get pretty rich. 10 them. 10 O. What does that mean? 11 BY MR. LIGORIO: 11 A. G¡ves off an odor. I mean, you would 12 O. I understand that. 12 know the difference. 13 A. I just tried to tell them what I could. 13 O. So, this was, in your opinion -- 14 And ¡t was not an easy th¡ng to do. 14 A. It's just like pure gráss s¡lage l5 O. I am asking you -- I know it wasn't l5 instead of haylage. Pure grass silage gives off -- l6 easy. I am not saying it was. I am asking you if 16 it sticks to your clothes, that sort of thing. 17 you remember the specifics. If you don't know, 17 O. That's what this was? There was a lot l8 that's fine. l8 of -- l9 A. I remember po¡nt¡ng out what the chute 19 A. It was a nice mix of tegumes and grass. 20 was, where his son was, how wide the silo was. He 20 It was nice stuff. 21 wanted to know how the silage was blowed in, who was 21 MR. BOVENDER: Ron, you have to 22 doing what. And I couldn't give him all of those 22 let him ask the whole question before 23 answers, but I answered as much as he asked me. But 23 you give an answer. 24 I couldn't tell you exact¡y what I said at that 24 BY MR, LIGORIO: 25 paft¡cular t¡me. ft was just basically try¡ng to 25 O. By nice stuff, there is statements in 194 196 1 tell him your son was not buried, we were not blowing 1 the police report it was wet and ¡t was sticking to 2 s¡¡age ¡n on top of h¡m, and I was try¡ng to put him 2 everything, the way you described it? 3 at ease that way. But -- 3 MR. BOVENDER: Note my 4 O. Mr. Kingsley testified and Mrs. 4 objection -- 5 Kingsley that you grabbed silage or haylage and 5 BY MR. LIGORIO: 6 squeezed it and it was wet and water was coming out 6 O. Do you agree with that? 7 of it; do you recall doing that? 7 MR. BOVENDER: -- to the form. 8 A. No. I , THE WITNESS: I did not think ¡t I O. Is it possible you did that and don't 9 was overly wet for haylage. 10 recall? 10 BY MR. LIGORIO: 11 A. Yeah, I don't know whether he would 11 O. You were investigated for this by OSHA 12 have -- why he would have requested or -- 12 and I have a whole bunch of notes from the OSHA 13 O. well, he didn't say -- 13 inspector. And one of the things that they 14 A. I guess I was try¡ng to show him the 14 investigated was how many employees you have. Do you 15 mo¡sture level, maybe, that -- l5 recall that? 16 O. Why would you want to show him the 16 A. Yeah. 17 mo¡sture level of the silage? 17 O. And you were very clear that you never 18 A. Just to show h¡m that the silage, of 18 had 10 employeês at any specific Aiven time? 19 what it was. He had no idea of what was go¡ng on t9 A. Yeah. That was his conclus¡on. 20 that day. And, so, I am guessing that we stood at 20 MR. BOVENDER: Wait until there is 21 the base of the chute where there was haylage laying 21 a question. 22 there and I think I was showing him the material. 22 THE WITNESS: Oh, excuse me. 23 But his testimony is I said f could ring water out of 23 BY MR. LIGORIO: 24 ¡t? 24 A. I am going to show you a document and 25 O. Well, something to that effect, it was 25 this is in the OSHA report, It is Page 149. 49 of 55 sheets Page 193 to 196 of 219 03/02/2017 01:18:42 PM 197 199

1 MR. BOVENDER: Which of these were 1 person you hired to do a one-day job, that you 2 you reading off the list? 2 recall? 3 MR. LIGORIO: I was kind of going 3 A. AfterJune 8th? 4 back and forth between both of them but 4 O. Before. Let's say in the month before. 5 let me look at the dates. 5 A. In the month before? 6 I referred to both of them when I 6 O. That you hired to do a one-day job off 7 was reading the names. I can tell you 7 the books. I that, I A, Not unless it would have been like a 9 MR. BOVENDER: So, you referred to I foot trimmer, a veÇ and they would have been a per t0 38 and 39. And now 40 is marked. l0 hour basis. 11 (At this time Wood 11 O. Can you give me the name of anyone you 12 Exhibit No. 40 was marked 12 hired in 2015, prior to lune B,2OL5, to do a one-day t3 for identification. ) l3 job? So, go from January L,2075, to June 8,20L5, 14 BY MR. LIGORIO: 14 can you name anyone that you hired to do a one-day 15 O. I understand this isn't your document, l5 job off the books? l6 you didn't create it. l6 A. I have a guy right now. 17 A. No, I don't understand. 17 a. I am not asking you about right now, I 18 O. What I am going to draw your attention 18 am asking you about that time frame, l9 to is there is something there that says hired to do 19 A. I am not sure where -- can I ask you 20 a one-day job off the books at the time of the 20 where this came from? 21 fatality 6/8/20L5. And it says, No. 10, Jason 21 O. That's from the OSHA file. That's from 22 Kingsley, deceased. 22 the OSHA investigator's notes. You did speak to the 23 Who is that referring to, if you know? 23 OSHA investigator, correct? 24 MR. BOVENDER: Who is what 24 A. Yeah, but -- 25 referring to? 25 O. okay. 198 200

I BY MR. LIGORIO: 1 A. I am wondering if he is confused the 2 Q. That statement, hired to do a one-day 2 fact that Jason died on the same day he started and 3 job off the books at the time of the fatality, 3 called it one day. 4 6/8/Ls. 4 a. I am just asking you a question now. 5 MR. BOVENDER: Note my objection 5 You can't decide what is in his mind, whoever wrote 6 to the form. You are assuming an awful 6 that. I understand you didn't write that document. 7 lot. 7 What I am asking you is did you hire anybody else off 8 THE WITNESS: I don't know. I the books to do a one-day job in the months leading 9 MR. LIGORIO: If he doesn't know, 9 up to June 8, 2015? t0 he doesn't know. 10 A. No. I will say no. It is a 11 MR. BOVENDER: Can we mark the 11 possibility, but I will say no. 12 exhibit and do at least one or two 12 a. Who responded to the OSHA investigator 13 foundational questions, please? 13 and provided them with information regarding how many 14 MR. LIGORIO: It is my deposition, 14 employees you had and what they did? 15 I will do it the way I want. l5 A. The OSHA investigator talked to 16 MR. BOVENDER: No, you don't get 16 everyone, as far as I know. 17 to do it the way you want, you do it the 17 A. When he was asking about who the 18 way the rules require. l8 employees of Gor-Wood Holsteins or the farm you were t9 MR. LIGORIO: Let's not do this. 19 operating as of that date, who was the person who 20 BY MR. LIGORIO: 20 gave that information? 21 O. Let me ask you a question. t am 21 A. I would have given him some, my 22 showing you a document. Did you hire somebody else 22 bookkeeper, Don White's office. They had access to 23 on June 8,20L5, other than lason Kingsley? 23 whatever they wanted. 24 A. No. 24 a. Who could have given him information 25 O. As of June 8, 2015, was there any other 25 about a person working there for one day, other than O3/O2/2OL7 01:18:42 PM Page 197 to 200 of 219 50 of 55 sheets 201 203 1 you? 1 work? 2 MR, BOVENDER: He just identified. 2 A. After, yeah, after Eric and Jason, 3 THE WITNESS: I am telling you, I 3 yeah. 4 don't know whether he reached this 4 A. And even though you lost two people, 5 conclusion because he worked and died on 5 you didn't need to hire anybody extra to do that work 6 the same day. 6 that Jason was going to do? 7 BY MR. LIGORIO: 7 MR. BOVENDER: Note my objection I a. Well, what does off the books have to 8 to the form. You can answer. I do with him working and dying on the same day? I THE WITNESS: Scott Krause helped 10 A. f didn't say anyth¡ng about off the 10 her. Merle Cole helped a little bit. 11 books. 11 So, I was having people help. 12 O. Did you plan to pay Jason off the books 12 BY MR, LIGORIO: job? 13 for that 13 O. Were those people that were working on 14 A. No. 14 the farm already at that time? l5 O. Why would you all of a sudden for that 15 A. Merle wasn't. He was out of prison l6 job want to put him on the books, when, in the times l6 briefly. 17 he worked between 2009 and 2015, you didn't put him 17 A. So, you specifically hired Merle Cole 18 on the books? Why all of a sudden did you intend to 18 to do this work after June 8, 2015? l9 put him on the books for a shortjob? l9 A. You have to understand the situation, 20 MR. BOVENDER: Note my objection 20 he was paroled and then called back on hearings. 21 to the form, you could answer. 21 a. I am not interested in the situation. 22 THE WITNESS: There were instances 22 A. No, ¡t ended up being like three days, 23 with Jason where he had come in and I 23 but -- 24 had paid him cash. But it was never a 24 a. Did Merle Cole come in and work on 25 one-day basis. It might be for a week. 25 capping these silos after June 8, 2015? 202 204 1 BY MR. LIGORIO: 1 A. He may have worked on one or two. 2 O. Why did you put him on the books on 2 O. He may have? 3 this occasion? 3 A. Yeah, f can't remember whether ¡t was 4 A. Because he intended to work for two 4 one or two. 5 weeks and I had that much work to do. 5 A. Well, we will have payroll records that 6 A. When did he tell you he intended to 6 would establish when Merle Cole worked; fair enough? 7 work for two weeks? 7 A. r think. I A. He said -- I told you before, he had 8 O. Who is the other person? 9 two weeks that he could give me a hand. I A. The feeder, Scott Krause. 10 O. What were the other tasks he was going 10 O. Is he a regular employee of the farm? 11 to do other than unloading the silo? 11 A; Yeah. 12 A. There would have been anywheres from 12 O. So, he wasn't brought on extra? 13 four to five, maybe six silos, if we filled that for 13 A. No. 14 silo, and I would have had him capping silos and then 14 O. So, the only person you may have l5 leveling off so we could keep going. But, can I also l5 brought on extra was possibly Merle Cole for two or

16 tell you that, generally, you remember me saying that l6 rh ree days ? 17 the silage had settled 15 feet. 17 A. Yeah. 18 O. um-hum. 18 a. You can't think of anybody else? l9 A. As a general rule, you refill. you l9 A. No. Things got t¡ght. 20 refill once, maybe twice to use the full capacity of 20 (At this time Wood 21 your silo. So, that would involve leveling off. And 21 Exhibit No. 41 was marked 22 the ideal thing is to have somebody leveling while 22 for identification.) 23 you move the silage and then finally when you are 23 BY MR. LIGORIO: 24 ready, you cap them. 24 O. This is a letter you wrote to John 25 O. And, ultimately, Nicki Oakley did that 25 Kingsley? 51 55 sheets of Page 201 to 204 of 2I9 O3|O2/20I7 01:18:42 PM 205 207 I A. Yeah. 1 check, correct? That's your signature on the check 2 Q. Do you know when you mailed this? 2 or is it? 3 A. Not really. It was like a week or two 3 A. No. 4 afterward, because I was embarrassed to have to send 4 O. So, whose signature is it on the check? 5 $so. 5 A. I don't know. It has to be -- maybe ¡t 6 O. So, you acknowledge it was a few weeks 6 is Don White. That's what it looks like to me. 7 before you sent the check? 7 O. Is that how it works, Don signs the I A. A weeþ maybe. I payroll checks? 9 O. A week or two? I A. I don't look at the men's checks 10 A. If I recall. I am not even sure with 10 normally. 11 everyth¡ng going on, because Wednesday was payday, I 11 O. I understand, 12 can't even recall. You would have to check those 12 A. f get a sheet saying what was deducted 13 dates because it was crazy. 13 but -- and -- 14 O. I am going to go down to the third to 14 (At this time Wood l5 last or fourth to last sentence, It says, "He was 15 Exhibit No. 42 was marked 16 only trying to help me out," What did you mean by 16 for identification,) 17 that? 17 BY MR. LIGORIO: 18 A. That's how Jason was, he would stop up l8 O. I am just going to look at my notes. l9 and say do you need any help. 19 A. It Iooks like Donald Wh¡te wrote them. 20 O. You said, "How could Jason lose his 20 O. Do you know whether Junior Bartlett 21 life performing a simple act of kindness?" And I 21 and/or Ray Allen at some point stopped clearing the 22 know it sounds obvious, but what did you mean by 22 silage? 23 that? 23 A. That would be my assumption. 24 A. Simple act of kindness. 24 O. But you can't tell me when that would 25 A. To help you with the problem? 25 have happened or why they left or anything like that?

206 208 1 A. Yeah. I mean, the factthat he stopped 1 A. You would have to ask Junior. I had 2 in the field just seemed like Providence put him 2 called Ray and said that maybe we should move the 3 there. And if you could just a hundred t¡mes w¡shed 3 table around to the other silo because the silo room 4 I never called him. 4 had to be getting full. 5 O. And I know you weren't certain about 5 O. Do you know what time you did that? 6 the check being with that, but I think the check was 6 A. 9:oo-ish, shortly after. 7 attached with that letter. You think that's probably 7 O. So, you called Ray and suggested that I what you did? I he do what? I apologize, I lost you there a little 9 A. Yeah, I putthe check, you know, in I bit. Move the table? 10 with the check, because that was a very embarrass¡ng 10 A. R¡ght, so that they could keep going, 11 thing to have to do. 11 I knew they had to be running out of space because he 12 O. okay, 12 had been throwing since 5:3O. Whether or not there 13 MR. BOVENDER: And what is that 13 was -- there seems to have been a breakdown in 14 check dated? 14 communication, I don't know. 15 THE WITNESS: 6/tt. 15 A. You really weren't personally 16 MR. BOVENDER: What year? 16 supervising what was happening with this? 17 THE WITNESS: 2015. 17 MR. BOVENDER: Note my objection l8 MR. BOVENDER: Thank you. 18 to the form. 19 BY MR. LIGORIO: 19 BY MR. LIGORIO: 20 A. That's the date that it was actually 20 O. You can answer. 21 generated by Don White? 21 A. No. 22 A. Yeah. 22 O. You weren't supervising at all, for 23 O. As far as you know? 23 that matter? 24 A. r didn't have any. 24 MR. BOVENDER: Note my objection 25 O. You didn't write out -- you signed the 25 to the form. O3/O2/2OL7 01:18:42 PM Page 205 to 208 of 219 52 of 55 sheets 209 211 1 THE WITNESS: I put people there. 1 up front that is 16 X 50, 52. 2 They were adults, They all had been in 2 A. And in June of 2015, how many of those 3 the situation, They had all done these 3 silos did you intend on filling? 4 things. I am not sure what happened, 4 A. As many as was necessary, but I would 5 MR, LIGORIO: Okay, That's all I 5 say at least four, probably five. 6 have, 6 O. okay. 7 THE WITNESS: It is very hard. 7 A. The Iittle silo, as a general rule, we I Maybe you can find out more, but it is I only used for corn silage because ¡t was quite hard I very hard for me to ask. I to access that. 10 BY MR. LIGORIO: l0 A. How long does it take to fill, level, 11 a. Okay. So, you haven't had a lot of 11 and cap one silo? 12 discussions? 12 A. Well, again, it would depend on the 13 A. Eric refused to talk. l3 size of the silo. The 18 -- 14 O. Have you discussed this specifically 14 a. Let's walk through each one. Let's 15 with Mr. Bartlett and Mr, Allen? l5 walk through each silo. 16 A. Junior, you will see, f tried. I asked l6 A. The 18, as a generat, we fiiled it on 17 him what had happened. I asked him ifanybody had 17 one day. Under ideal circumstances, you would have t8 called or yelled up the silo to stop. The only thing 18 come back in two days and refilled it. At that l9 I got was no. l9 point, you might have capped ¡t or you might have 20 O. What about Ray Allen? 20 seen how much it settles and decided we can put some 21 A. He said that he went out to move the 21 more in here. 22 table or to unload the table and that's when the 22 a. Would you repeat that process for 23 phone calls started. 23 filling for each of the five silos you just indicated 24 O. Immediately or was there a gap in time? 24 you intended to fill in June 2015? 25 A. I am not sure. 25 A. Yes. 210 212 1 O. Does Ray Allen still work for you? 1 Q. Okay, If this incident hadn't happened 2 A. Yeah. 2 with Jason on June 8, 2015, what did you intend to 3 O. So, he is still there and he is still 3 have Jason do while he was employed at the farm? 4 your employee? 4 A. Leveling and capping. 5 A. Um-hum, yes. 5 Q. And would that be the leveling and 6 MR, LIGORIO: All right. Okay. 6 capping for the remaining four silos? 7 All right, that's all I have. 7 A. Plus that one he was in. I I Q. So, leveling and capping for five 9 EXAMINATION BY MR. BOVENDER: 9 silos? l0 a. Mr. Kingsley -- I am sorry, Mr, Wood, l0 A. Right The only reason Jason hadn't 11 after June 5th, when Jason came to the farm, what did 11 come on Saturday is my chopper hadn't arrived yet. you 12 intend to have Jason do at the farm? 12 a. Are you able to give an approximation 13 A. Work in the silos. 13 as to how long it would have taken to have filled, 14 O. Okay. How many times on a given year 14 leveled, and capped the remaining four silos in June 15 would your dairy farm engage in loading, leveling, 15 of 2015? 16 and capping silos? 16 A. Generally, ¡t has taken us two weeks, a 17 A. Essent¡ally, twice a year. But there 17 week and a half. If you get a lot of rain and can't 18 might be an instance where there would be a need for l8 get onto the fields or have to let it to dry out, you l9 one silo, but that wouldn't call for anyth¡ng extra. 19 could be looking at three weeks. 20 a. How many silos are on your farm? And 20 O. Okay, Is one and a half to three weeks 21 by your farm, I mean the farm at 763 Gor-Wood Road. 21 a fair approximation, given the variables you just 22 A. Six. Do you tvânt to know the sizes? 22 ment¡oned? 23 O. Yes. 23 A. Yes. 24 A. The one is24X7O, t8X7O, ZZOXÛO 24 MR. BOVENDER: I have nothing 25 and then a 2O X 6O down betow, and then another silo 25 further for you. Thank you. 53 of 55 sheets Page 209 to 2t2 of 2I9 O3/O2/20I7 01:18:42 PM 213 215 1 1 MR. LIGORIO: Until I get an 2 FURTHER EXAMINATION BY MR. LIGORIO: 2 answer, 3 Q. Jason wasn't involved at all in filling 3 MR. BOVENDER: He has answered 4 the silos? 4 three times. 5 MR, BOVENDER: Note my objection 5 THE WITNESS: I did. I said I 6 to the form, 6 can't recall anybody else. The 7 THE WITNESS: No. 7 neighbors came over to help but never I MR. LIGORIO: What is wrong with 8 went in, I the form? I asked him a simple 9 BY MR, LIGORIO: 10 question. 10 O. When you say the neighbors came over to 11 BY MR. LIGORIO: 11 help? 12 O. How long does it take to fill the 12 A. The next day. t3 silos? You told us before that takes almost a whole 13 O. They asked if you needed a hand? 14 day. 14 A. Risht. l5 A. That was an l8-foot silo. The 24 might 15 O. I am sorry, I don't want to cut you 16 take three and a hatf, four days. 16 off. 17 O. And that's the process of Cole coming 17 A. And they decided that they didn't want 18 in, pumping the haylage in there? 18 to go in the silo, either. l9 A. Blowing the haylage. l9 O. When you talk about the intentions of 20 A. Blowing it. I am using pump. 20 Jason working, obviously, that's what your intent¡ons 21 A. Yes. 21 were, what you are telling us today; fair enough? To 22 O. Leveling and capping a silo, how long 22 have him help with the silos to pretty much level and 23 does that take? 23 cap? 24 A. On a good daç two, on a bad day four 24 MR, BOVENDER: Note my objection 25 or five. 25 to the form as compound. 214 2"t6

1 O. So, you are talking about leveling and 1 THE WITNESS: My intent was to use 2 capping four or five silos for a few hours at a time 2 him. And Jason had implied to me that 3 twice a year? 3 he had, roughly, two weeks, And I knew 4 A. But you need to understand that is four 4 he was working at the gas wells. He 5 or five hours working in a sauna. 5 said it had slowed down some, And I 6 O. I understand it is hard work. Okay. 6 thought that is going to work out really 7 A. You have no idea how the heat is. 7 good. I O. I understand that, And you also agree I BY MR. LIGORIO: I that other than potentially, maybe, Merle Cole, I O. You also mentioned the only reason he t0 before he went to jail, working for a few days on 10 didn't come in Saturday was because the filling 11 leveling and capping, the rest of it was handled by 11 wasn't done? 12 your regular employees? 12 A. No, I said the reason f didn't call 13 A. I had nobody. We tried to find -- and l3 him. I had left it that I would call him. 14 if I remember right, I am not sure if Scott Krause's 14 O. If you needed help? 15 son came in to help us milk a little bit or not so 15 A. Well, I wasn't sure when the harvester 16 that Nicki could do it. But I had to free her up. 16 would pull in. 17 O. But you can't give me a name of anyone 17 O. So, you are going to tell us today that 18 who you brought in to do it, other than, potentially, 18 you were going to call him regardless of whether or 19 Merle Cole? 19 not the unloader got blocked? 20 A. I know Merle did some and then they 20 A. Oh, yeah. 21 picked him up again. 21 O. But that's not relayed in your phone 22 O. And you can't give me a name of anyone 22 message in any sense? 23 else? 23 A. No. 24 MR. BOVENDER: How many times are 24 O. And you didn't have any other specific 25 you going to ask him? 25 conversations with Jason where you relayed that to 03/O2/2Ot7 01:18:42 PM Page 213 to 216 of 219 54 of 55 sheets 217 219 1 him? 1 But you know what, I am going to drop 2 A. I left a message on the phone that is 2 it because I did ask him about it before and his 3 that something that he thought he could do or if that 3 answers are his answers. 4 -- because f wasn't sure he wanted to do that. 4 MR. LIGORIO: So, that's it. 5 O. Okay. When you say you left a message, 5 MR. BOVENDER: Mr. Wood, I have 6 the only message you left him was the one we heard? 6 nothing else for you. 7 A. Yeah. 7 VIDEO TECHNICIANi Time is 3:59, I O. okay. I that concludes the deposition. I A. That they had buried an unloader and I 9 10 wasn't sure because that was not someth¡ng that he l0 (At this time the deposition 11 had normally done. It was more than capping and -- 11 in the above-captioned matter 12 O. But you didn't call him, you knew that 12 was concluded.) t3 you were going to? 13 14 A. He would have been called to cap and 14 l5 fill that silo and the next ones and the next ones. 15 16 O. But you knew the silo was going to be 16 17 filled on the Sunday, correct? 17 18 A. No. 18 19 O. okay. 19 20 A. No. 20 21 O. You knew they were filling it on 21 22 Sunday? 22 23 A. But I iust explained to you that we 23 24 would probably come back and refill. 24 25 a. All right. So, you would wait another 25 218 1 day for it to sink? 2 A. No, normally, I might have called Jason 3 after we refilled it twice. 4 O. Which could have taken a few more days? 5 A. Although, if we had to level it off, he 6 would have probably come over and done that. 7 Somet¡mes you level ¡t between filling. I A. And you are telling us what your plans I in your mind were at this po¡nt in time? l0 A. That's what you asked. 11 A. Okay, I understand that. you didn't 12 relay these plans to anyone else? 13 A. Well, Jason and I had talked. 14 A. But you told me everything you talked 15 about and you didn't say that you had this back and l6 forth discussion? 17 A. That he had two weeks and I was 18 thinking, okay, how can I use him for two weeks. 19 This is going to work out really good. We are 20 filling silo. 21 A. I understand that. I am just trying 22 to -- there is a difference between what you have in 23 your mind and what Jason had in his mind. Obviously, 24 we can't ask Jason what was in his mind at this point 25 in time. 55 of 55 sheets Page 2I7 to 2L9 of 2L9 03/O2/20L7 01:18:42 PM CERTTFTCATE

I, Teresa Crossin, a Notary publ-ic in and f or Luzerne county, pennsylvania, do hereby certify that the deposition was reported in machine shorthand by frê, that the said witness was duly sworn/ aff irmed by frê¡ that the transcript ü/as prepared by me or under my supervision and constitutes a complete and accurate record of same. r further certify that r am not an attorney or counsel of any parties, nor a relative or employee of any attorney or counsel_ connected with the action, nor financially interested in the action.

c TERESA CROSSIN KEYSTONE COURT REPORTING AGENCY, TNC. 4099 BIRNEY AVENUE, SUrTE g MOOSTC, PENNSYLVANIA 18507