“I am not here because I am a neurosurgeon.”
He paused.
“I am not here because I live in an expensive neighborhood.”
Another pause.
“And I am not here because I can afford an attorney.”
He looked around.
“I am here because none of those things should have mattered.”
Applause began.
Marcus raised his hand.
The room quieted.
“An ordinary person should not need a medical degree to be treated fairly.”
He looked at Elizabeth.
“He should not need a lawyer recording from across the street.”
He looked toward the back.
“He should not need a security camera.”
Then he spoke the sentence that would later become central to the entire case.
“Rights are not privileges reserved for people who can prove they deserve them.”
The room erupted.
Marcus stepped away from the microphone.
He didn't smile.
Because he knew the case had only begun.
The deposition room was cold.
Marcus sat beside David.
Across the table sat Kyle Brangan.
He no longer wore a uniform.
Without the badge, the gun, and the rigid posture, he looked much younger than twenty-seven.
His attorney sat beside him.
The court reporter prepared her equipment.
David opened a file.
“Officer Brangan, do you remember Dr. Marcus Sterling?”
“Yes.”
“Do you remember where you encountered him?”
“In Oak Creek.”
“Specifically?”
“At his residence.”
“Did you know it was his residence?”
“Not initially.”
“Did he tell you?”
“Yes.”
“Did you believe him?”
“I wasn't sure.”
“Did you run the license plate?”
“No.”
“Why?”
“I was investigating a suspicious person.”
David nodded.
“Let's discuss the suspicious-person report.”
He placed the dispatch transcript on the table.
“Where was the original reported incident?”
Brangan looked down.
“Three streets away.”
“Was Dr. Sterling there?”
“No.”
“Was his vehicle described?”
“No.”
“Was his garage described?”
“No.”
“Was he connected to the caller?”
“No.”
“Was there evidence his Mustang was stolen?”
“No.”
David turned another page.
“Did you have a warrant?”
“No.”
“Did you have consent to enter the house?”
“No.”
“Did Dr. Sterling threaten you?”
“No.”
“Did he attempt to strike you?”
“No.”
“Did he attempt to flee?”
“No.”
“Did he reach for a weapon?”
“No.”
David looked at him.
“Then why did you draw your firearm?”
Brangan swallowed.
“I believed the wrench could be a weapon.”
David placed a photograph on the table.
It showed the torque wrench.
“Do you know what this is?”
“A wrench.”
“What kind?”
“I don't know.”
“It's a torque wrench.”
Brangan nodded.
David placed another photograph beside it.
It showed the open garage.
“Did you see the Mustang?”
“Yes.”
“Did you see the tools?”
“Yes.”
“Did you hear music?”
“Yes.”
“Did you see any stolen property?”
“No.”
“Did you see damage to the garage?”
“No.”
“Did you see forced entry?”
“No.”
David leaned back.
“So your suspicion was based primarily on the fact that Dr. Sterling was a Black man in coveralls working on a valuable vehicle?”
Brangan's attorney objected.
“Foundation.”
David nodded.
“Rephrasing.”
He looked at Brangan.
“Was race a factor in your decision?”
“No.”
“Then why were twenty-two of your twenty-four suspicious-person stops Black or Hispanic?”
Brangan's attorney objected again.
David smiled.
“Your witness's personnel file supports the question.”
The judge allowed it.
Brangan shifted.
“I don't know.”
“You don't know?”
“No.”
David opened the supervisor memo.
“Were you aware your previous sergeant wrote that you had a tendency to escalate encounters involving minority residents?”
Brangan's face tightened.
“I don't remember.”
“You don't remember?”
“No.”
“Would you like to read it?”
The document slid across the table.
Brangan looked at it.
Silence.
David waited.
Finally, Brangan said:
“Yes.”
“Was the recommendation implemented?”
“No.”
“Were you required to undergo remedial training?”
“No.”
“Were you removed from patrol?”
“No.”
“Why not?”
Brangan looked at his attorney.
“I don't know.”
David closed the folder.
“Neither do I.”
The deposition ended shortly afterward.
But the city now faced a larger problem.
The memo was real.
The data was real.
The complaints were real.
And the department had known.
The city attempted to argue that individual complaints did not establish systemic misconduct.
David countered with the numbers.