My name is Troy A. Kunkle. My Prison number is # 000784. I am incarcerated at the Terrell Unit of TDCJ at Livingston, Tx. 77351. I am over the age of 21. I have actual personal knowledge of all facts related in this statement an I am conpetent to testify to such facts.
On the day of July 22nd, 2001 between 2 and 3 pm I witnessed the following: The two officers assigned to a pod took count and did not get a verbal response from Juan Garcia # 999360 who is housed in a pod a section 9 cell. After returning with Lt. Balton ad Sgt. Fotah they made numerous attempts to get his attention by haltering at him and knocking on his cell door and received no response! Then they returned same 20 minutes later with an extraction team suited out with gas masks and a video camera. Meanwhile officers by the section door and out in the deep space laughed as Sgt. Toah yelled at the front of Juan Carcia # 999360 cell, "submit to handrestraints of I'm going to gas you"! After 3 or 4 times and no response he sprayed gas into Juan Garcia # 999360 cell then came down the stairs and told Lt. Bolton that there was no response despite the fact that everyone else on the 14 moim section werde caughing uncolltrollably due to the exposure to the gas. Sgt. Fotah and Lt. Bolton and the officer with the camera as well as the 5 officers on the extraction team all had gas masks on! The Lt. told Sgt. Fotah to gas him again. Sgt. Fotah went back up to Juan Garcia # 999360 cell after about 10 minutes and again yelled for him, "to submit to hand restraints or be gassed"! He then stated theres still no response from the inmate and again sprayed the gas in his cell. After another 15 minutes and more laughter from the other observing officers present in the deep space and at the section door. The Lt. okayed the Sgt. to open the cell door. Upon opening the cell door the Sgt. Fotah yelled into the camera, "Let it be known the inmate is unresponsive and is not resisting"! Then they carried him down the stairs and he appeared unconscious as they put him on a gurney and wheeled him out. They brought him back 20-30 min. later. Told him they were going to remove the restraints and let him shower. then they placed him back in his cell.
I hereby declare under penalty of perjucy that the foregoing statement made by me is both true and correct tot the best of my knowledge.
Troy A. Kunkle # 000784
Terrill Unit 12-A-A-7
12002 F.M. 350 South
Livingston, Tx. 77351