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Fulton County Superior Court

***EFI LED***L W
Date: 1/25/2018 9:27 AM
Cathelene Robinson, Clerk

IN THE SUPERIOR COURT O:F FULTON COUNTY


STATE OF GEORGIA

FAZIAL AZIZAN, ) Civil Action


) File No: 2017cv293102
Petitioner in Certiorari, )
v. )
)
CITY OF SANDY SPRINGS, and )
HONORABLE SHARON DICKSON )
)
Defendants in Certiorari )

RESPONDENT'S NOTICE OF FILING OF TRANSCRIPT

COMES NOW the Honorable Sharon Dickson, Judge of the Municipal Court of the City

of Sandy Springs, and Respondent in Certiorari (hereafter "Respondent") in the above matter and

files this her Notice of Filing of Transcript and shows to this Honorable Court the following:

1.

Respondent shows that when a certified copy of the Record in this matter was filed, a

transcript of the trial was being obtained. A transcript of the trial of Petitioner has now been

received.

2.

Being filed herewith is a copy of the transcript of the trial of Petitioner in the Municipal

Court of Sandy Springs' file on Case Number 2017002775/ME307225, the City of Sandy Springs

v. Fazial Azizan.

Respectfully submitted, this 25 th day of January 2018.

DANIEL W. LEE
City Attorney for Sandy Springs, GA
Georgia Bar No. 443093
FREEMAN, MATHIS AND GARY, LLP
100 Galleria Parkway, Suite 1600
Atlanta, Georgia 30339
Telephone: 770-951-7328
d1ee(@,fmg1aw.com
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

FAZIAL AZIZAN, ) Civil Action


) File No: 2017cv293102
Petitioner in Certiorari, )
v. )
)
CITY OF SANDY SPRINGS, and )
HONORABLE SHARON DICKSON )
)
Defendants in Certiorari )

CERTIFICATE OF SERVICE

This is to certify that as of this date I have electronically submitted the foregoing Defendant City

of Sandy Springs' and Respondent The Honorable Sharon Dickson's Notice of Filing Transcript to the

Clerk of Court utilizing the Odyssey eFileGA system which will automatically serve electronic notification

of this filing to counsel and participants of record in this action; and, I have also of this date mailed a copy

of the foregoing pleading by depositing a copy in the United States Mail in a properly addressed envelope

with adequate postage thereon, to:

Jason McLendon, Esq.


Mclendon Law Firm, LLC
1800 Peachtree Street NW
Suite 300
Atlanta, GA 30309

This the 251h day of January, 2018.

DANIEL W. LEE
City Attorney for Sandy Springs, GA
Georgia Bar No. 443093

FREEMAN, MATHIS AND GARY, LLP


l 00 Galleria Parkway, Suite 1600
Atlanta, Georgia 30339
Telephone: 770-951- 7328
dlee(@fmsiaw.com
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

C!TY OF SANDY SPRINGS 1 that or ~ d you like to waive that?


STATE OF ClRORIJIA
2 YdE IJEFl!ND1l!,l'l: Yes, I want to do it
2
CITY OF SANDY SPRINGS 3 and thanks for giving me™ o_wortun.ity.
4 '1lil! COURT, Okay. No problem.
vs.
case No,: 201,0021,s
5 'IRE IlEFElID1\NT: Your !laoor, I am a
PAZIAL AZ!Zl\N, Citation Numl:,ers, 6 full time st;u,:lsnt . I go to Georgia State
s MBJ07225
7 University. And whenever I have time, I
Defendant.
6 B work for Uber as an Uber driver.
7 AUDIO TRANSCRIPTION OF TI!E !'.EARING 9 At the time that the .bcident
8
9
:BEFORE THE HONORAJ!LR $Hll1<0N DICKSON
10 happened, r was driving for Uber and the
lO 11 lady -- l think Rhondad 'l'h1mllan was my
ll Transcribed from Audio by, 12 passenger. And my fiancee was -- was
12 JODY K. M<:NlillU,
13
B driving very close to irearo then she hit
14 14 my car and then a crash !Jawened.
15 A P P E A R A N C E S 15 As soon as the crash happened, I
16 inmediately 9ll called and then I reyort:ed
For the City of Sandy Springs,
17 the accident to the police. And even they
William Riley, Eaquire 18 had sone proble!l'B, r think in 1Jilderl!tandiI
18
19 19 my mayre strong accent. I passed the lXlOOll
For the Defendant, 20 to art passenger, Ms. niurman, and I asked
20 21 fn:m her to give the location 11here we are.
PRO S'S
21 22 llnd she explained a. t.'ie phone tllat
22 23 the accident happeJled and that which
23 24 location we are. So she guided the -· !
24
25 25 rrean give the direction to t.lJe 911.

Page2 Page4
1 THE COURT: 'llle Cow:t is ready. l So they cane to the scene and we were
2 All right. All witnesaes and persons 2 transported initially to the -· I was the
l involved in that matter, please coire 3 first that was transported to the
4 fonmd. 4 ambulance. l\!ld then after me, they tried
5 Ms . '11umnan, you can cane over here s to bring my passenger to the amwlance,
6 and stand next to the prosecutor, Mr. 6 too,
7 Riley. 7 And the anbila:nce guy • - I don't
s Jlnd, Mr. Azizan, yw need to Cal'e to 6 remember his r.ame. The first person asked
9 the podium for roe. 9 was my national.icy and I told him that I am
10 All right. All parties who intelld to 10 from Iran, lie soon as he heared (SIC)
ll testify at t:his time, pl.ease raise your 11 Iran, that I'm fran Iran, he said: 'l.'o!ll's
12 right hands and be swam. 12 favorite country.
13 Do you solemnly swear or affirn that 13 I didn't say nothing. And then he --
14 any testimny you will give before this 14 I just asked from him because r ba:v-e
15 Court will be the truth, the vh!lle truth 15 (:inaudible) up here to take me to St.
16 and not.hing but the truth, so help yoo G:xi. 16 Joseph Hospital instead of North -- North
17 (Affirmative responses.) 17 Hospital because my insurance was with st.
18 THE O:JllIT: All right. Mr. Azium, 18 Joseph. But we had that argument and he
19 what is your formal plea to the chaxge of 19 "1aS saying no. llnd I told him I am a
20 disorderly conduct? 20 nursing student and I km,,; the patient has
21 THE OEFl!NDANT: Not guilty. 21 the right to request from the ambulance a
22 lHE COORT: Before ,re 9""1:
Okay. 22 specific hospital.
23 started, Mr. Azizan, you have the 23 We had tbat argument and I don't know
24 opportunity to make what is called an 24 what happened. What happened, the police
2S opening stat~t, Would yw like to do 25 officer -- I mean, he said that he's going

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page S Page 7
1 to call the police and then I have to get 1 it was scaring Ms. Thurman. And Ms.
2 out. I was the victim there and then I was 2 Thurman - - he picked her up in a Nissan
3 -- I needed medical attention. 3 that was later determined to be his
4 And while I was lying down in the 4 girlfriend's car, that he had a Pontiac
5 ambulance, he -- he just pissed off, got 5 vehicle that was in his name.
6 angry because of that argument that I was 6 And he continued to become agitated
7 insisting to be taken to St. Joseph 7 while she was in the car and she stated
S Hospital. B that he said: I don' t need to take this
9 Ile cal led the police . lle was already 9 shit any more and turned the vehicle around
10 on the scene and the police officer came 10 very suddenly.
11 and then ordered me verbally to get out of 11 She thought he was talking to her,
12 the antiulance. A."'ld then imnediately I got 12 but then she realized that he was talking
13 out of the antru:l.ance. 13 on the phone . Ms. 'lhw:man then started to
14 Later I found out by obtaining a copy 14 plead for him to calm down. At that point
15 of the police report t.'l.1t the ill11bulance guy 15 in time, the defendant threatened to push
16 wrongfully claimed that I was -- he smelled 16 Ms • 'l'hur11'an o-.it cf the car if she didn' t
17 the aloohol. I found out later they 17 shut up.
18 checked the DUI and then when they found 18 She said - - Ms. Thunnan stated that
19 that I don't have any -- I mean, 19 the car hit them from behind after Mr.
20 ( inaudible) after 25 mirrutes sitting on the 20 Azizan had stopped and that a female care
21 bumper of the police car, eventual! y I 21 up hanging on the winoo-1 telling Ms.
22 don't know what happened - - what happened, 22 Thurman to get aJt. Ms. Tbw:man said she
23 they just arrested me . 23 had already called the police by that time.
24 I was already a victim, but - - and 24 When EMS arrived on the scene to
25 then 1 was supposed to be -- go to the 25 treat Ms. Thurman, who was injured in the

Page 6 Page8
1 hospital. I was just sw:prised. l was 1 accident, Mr. Azizan had said he was
2 shocked. I didn't do any crime. I was 2. injured in the accident and needed to go to
3 just taken by handcuff to the hospital and 3 the hospital.
4 then to the jail. 4 While the officer was making his
s SO it was really a shock while r was 5 deteDllination of what was going on, one of
6 a victim and I was arrested. A couple of 6 the EMTs stated that Mr. Azi zan smelled of
7 hours I was in the jail . I got out of the 7 alcohol in the back of the ambulance and he
e jail and then now I am here and I 've told 8 asked for a unit to come approach.
9 you what happened. I'm really sorry and 9 As the officer continued his report
10 thar.ks for giving me this opportunity. 10 making, all of a sudden he started hearing
11 THE COURT: All right. No problem. 11 Mr. Aziza'l yelling and screamir.g and
12 All right. Any opening by the City? 12 cursing in the back of the ambulance. At
13 MR. RILEY: Yes, Judge. I think this 13 which time the ambulance requested t.liat Mr.
14 is a little bit caiq:ilicated so if I could 14 Azizan be removed because they cculdn't
15 just give you a little overview so you can 15 handle him.
16 - - when you hear these three wi t.,iesses 16 The officer retroved him from the
17 testify. 17 ambulance, but he did not • - Mr. Azizan did
18 THE COURT: Okay. 18 not respond for several times to the
19 MR. RILEY, Our case is going to show 19 officer's conmmds. Eventually, he did and
20 and he's already admitted that he was an 20 put him on the front of the car.
21 Uber driver and he picked up Ms. Thurman, 21 Mr. Azizan resisted being cuffed and
22 who is our witness here today, 22 did not comply with the com:nands of the
23 Mr. Azizan was on the telephone while 23 officerll, He resisted -- he threatened Ms.
24 MB. 'Ihurman was in the car. He got in a 24 Thurman ar.d put her in fear of safety. And
25 huie verbal ari"ment with his fiancee and 25 he di.d not conply wi ch thoa -- he interfered

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazfal Azizan
Hearing Before the Hon. Sharon Dickson

Page9 Page 11
1 with the occupation of the 00& lly his l defeixl.ant, Mr. Azizan, as t.'-le person who
2 diiloz::dw:l y hehavior. 2 was the driver of the Ober that day.
3 He was transported to the boepital at 3 BY MR. RILEI.':
4 i,hich tiire Mr. ll2i= decided he didn't 4 Q. Now, when you got into tllat car, cio you
5 speak any Fajl.ish any more, at which titre 5 Nllll!llber if yw sat in the frotlt or the back?
6 he vlOl.lld only speak Farsi and a translator 6 A. I sit in the back. I never sit in the
7 had to be gotten to the hospital for him. r front.
8 Be was later -- he was cleared and released 8 Q, Do YQU remembar thil day el.early?
9 and taken to tbe jail. 9 A. Like it was yesterday.
10 r believe the testim:my is 90:ing to 10 Q. And at J!laltelJ YQU rllCllilillber it like i t - ,
11 show that ~t he ha& alre.ady dooe in this 11 yesterday Wben it wu all the way back at the first
12 court today in front of 'lour Honor is going 12 of March?
B to be mild as a::mpared to llbat occurred on 13 A. Beca\l.8e of the way it happei:ied and it took
14 the date tbat the officers were there with 14 me five hours to get llane. 1 got off of work at 5:00
15 M:r. Azizan. 15 and I didn't walk in my door until 10:30 that night.
16 'l'bat • s libat oor case is going to l!i Q, Well, cauld you tell •• could you tell the
17 show. 17 Judge -- Yo'il got in th& =·
18 IBE COORT: All right. '!be City tlilY 18 A. I got in the car. we ~ out of the
19 proceed. 'I1lank you. 19 cxxiplex.
20 MR. RIL!:Y: Ms. 'll1U.nnan, would you 20 Q. You're still •· you're in Sandy SpriJls8
21 rore up, please. 21 all the time.
22 DIRECT mM!NATIOO' 22 A. I'm still in Sandy Springs,
23 BY MR. RILEY: 23 0, Okay.
24 Q, Tell the Judga your lllllll!I, 24 A. I did ask hlm to turn down Harrm::oo Drive.
25 A. Rhondad Thurman. 25 I said turn down Hanrnon:i Drive and go to Barfield.

Page 10 Page 12
1 Q. !!tow, Ms, Tllumlm, I 1111 going to take you Yru can get to Abernathy quicker than if you went
2 back to the date of thia event. And that would have 2 dawn to Glen ·• down Glenridge. My GPS says go thie
3 been March am, 2011 apprc:,:x;IJately 111x• iab ill the 3 vay, l said it's quicker this wa:y. Well, I'd rather
4 sveniDg? 4 go the way the GP6 goes. I ea.id: Fine, I'm not
5 A. Yes. 5 going to argue with you. You go where you wam: to
5 Q. no you 110rk around here? 6 go.
7 A. Yea. 7 We're driving down Glenridge. we get up
8 Q, And where WU tllat at? a to Johnston Ferry and Glenridge. All of a sudden, he
9 A. SOuthern f!ealthcaxe Manageioont oo 9 nmlres a wild U-turn. I ain't got to take this shit
10 Glenridge Drive. 10 !inaudible). r said: Excuse me? ae said it again.
11 Q. 1md 11aw would )W get i - mm work? 11 ! said: Are you talking to me? No, l'm talking to
12 A. ! :bad to call Uoer every day to get to the 1.2 roy girlfriend. See. And he bolds up tlle phone
13 train station. 13 because she's on the phone.
14 Q. Okay. Did yoo do that on this day? 14 lie get up to l'!alDrolld Drive. The light is
15 A. Yea, I did. 15 red. He's getting ready to t:urn on Hamnood Drive.
16 Q. And wbo vu the 'Ober drlvu that ca.a to 16 All of a sudden, boom; and I fly out the seat. l\!ld
17 get you? 17 it was her.
18 A. {Inaudible). 18 0, Clla!y. NOif, had he ~tea.ad you in ll11J/
19 Q. 'l'ha pers011 who is sl:all.dillg at the pc;dium 1S
20 in m:mt of -· 2-0 A. No, he threatened ma! after that.
21 A. Yes. 21 Q. And wt did he thuaten to do at tllat
22 Q. -- of the Judge? 2J poiJlt in time?
23 A. Yes. 23 A. He said he would kick my ass 61d thrO'<I ~

24 1'lR. JUI£Y: Let the re:cord reflect 24 out the car himself if I continued to get an his
25 that Ms. 'Ihlrman has identified the 25 nerves. ttiose were his exact 1'0I'.ds. Not mine.

A .C\izapeth Cailo www.GeorgiaReporting.com/Schedule


- - - CO~OT 1l£PO~tll(.C, l.l.t'.."
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 13 Page 15
1 o. Did that frighten you? 1 pounded it on my knee. Listen you, listen you, yo"'
2 A. It made me more angry than anything. To 2 keep getting on my nerves, I' 11 kick your ass and
3 be honest, it trade me trore angry than anything 3 throw you out of rry car myself. It happened like
4 because then I picked up the phone and I called 911 4 yesterday.
5 again. I said where are you guys at. I said: I'm 5 O, Tb.anll: you. Ms. Thuman, when I made the
6 not going to lie to you, I have a history of 6 911 call, did I pass the phone to you?
? migraines. My head is starting to hurt and he just 7 A. No, you did r.ot.
8 threatened me. Somebody needs ta get here. 8 Q. Did you tallc. with 911 dispatcher --
9 Q. So it was causing you physical concern 9 A. I called them back --
10 about \that was gcing cm. 10 o. -- on the phone --
11 A. Right. Because I've been catching Uber 11 A. • • after you threatened me .
12 for over a year to get to work and this is the first 12 o. -- with my phone?
l3 time I •ve ever had this proble:r.. 13 A. That ' s correct .
l4 0, Okay, Now, did you eventually go to the 14 o. With 11'/!J phone, right?
15 hospital? 15 A. No, my phone.
16 A. I was taken to Northside Hospital, which 16 o. You did not talk on the phcne -·
17 I •m still going through therapies and -- with my 17 A. Not your phone, no.
18 back. 18 Q. So when the police arrived, did you a:tate
19 o. All right, And all of this occurred in 19 to the police officer that you feel unaa.fe beca.use of
20 the City of Sandy Springs on Maroh the 2nd, 2011 in 20 the Uber driver?
2l Fulton County, Georgia? 21 A. I told them that you threatened me.
22 A. Yes, at Glenridge and Hanm:l!ld Drive. 22 Tl'.at'a exactly wr.at I told them. I don't remember if
23 MR. RILEY: That 's all I have of this 23 I said I feel unsafe, rut I told them that you
24 witness. She I s your witness. 24 threatened me.
25 THE COURT: All right. Mr. Adzan, 25 Q. Did my fiancee come after the incident and

Page 14 Page 16
1 you may crass-exa:-.lne Ms • 'lhurman. That 1 then tell you to open up the -· our car •- III!f car
2 means you are to ask questions, questions 2 that you were in the car too?
3 of her based on the testirony that s.'ie 3 A. She did. She said you stole her car and
4 gave. No e,q:,lanations should be given from 4 for me to get out of it.
5 you. You can only ask her questions that 5 0, Okay, Okay, Thank you. So 'What I told
6 pertain to what she just said. 6 you when she WU dcing that knocking, what I told
7 Okay? you; do you remember?
8 nm DEFENDANT: Sure. '
8 A. Yeah. You said: Do not get out of the
9 CROSS-EXl\MINATION 9 car. She will attack }'0\1 like she's done me.
lO BY T!lll DEFENDl!NT: 10 Q, Oh, thank you. Tbarut you,
11 Q. Ma. 'l'hurman, you -- in the police report 11 TIIE OEFENDMII': That I s all l needed.
12 that I have obtained a copy of it and hereto you 11 Tha.1k you, ma'a..'ll. No n-ore -- no further
ll mention that while I was on the phone with 11'/!J B questions.
14 fiancee, initially you thought that I ;mi talking to 14 MR. RILEY: I have one question.
15 you; is that correct? 15 'l'llE COURT: Okay.
16 A. Yes, I did. 16 REOIREC!' EXl\MINll.TION
17 Q. You misunderstood, right? 17 BY MR. RILEY:
18 A. I did. I thought you called me that name. 18 Q, Nov, you said -- what did the fianeee say
19 (J. 'l'hank you. And so but later you said you 19 about that car? Whoae car wa.a it?
20 realized that actually I'm on the phone; is that 20 A. She said it was her car and he had stolen
21 correct? 21 it.
22 A. After you told me; that• s oorrect. 22 Q. lie had stolen her car?
23 Q. Yea. Okay. l>id I by any Wirf physically 23 A. That's right. That's what she said.
.24 touch you. while you were in the car? 24 MR. RILEY: All right.
25 A. Yes, YoU did. You took your finger and 25 'l'llE DEPEIIID1INT, Okay. '!hank you.

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404.389.1155
City of Sandy Springs vs Fazial Aziun
Hearing Before the Hon. Sharon Dickson

Page 17 Page 19
1 MR. RILEY: That's all I have, Judge. l th$ car?
2 T!lE COO!tT: All right. Thank you. 2 ll.. That is what she said. After I detem.ined
3 3 they were fiancee •· they were in a relatiooship, I
4 BY MR. RILEY: 4 determined it wasn't, in fact:, a stolen vehicle. It
5 Q. &Ute your - f11r the =rd, s was l!Ore likely a ~ vehicle, am she never
6 A. Officer Pete Dilyer. 6 called us to report a vehicle as being stolen.
7 Q, Officer Dwyer, I'm goillg to d.uect ')'QUI' 7 I det:enn:lned that Ms. Reckik had indeed
8 attention to March 2nd, 2017 ffllll!ld 6100 p.m. hour. 8 ramed into the back of the Nissan with the Pontiac.
9 Did you bave an opportwlity to etme in ccntact with 9 Ms. '!hurman was inju.."ed in that wreck and needed to
10 rirr. ui:an? 10 be transported to the hospital. I was sitting :in rtrf
11 A. I did. 11 car running the registration, running the license
12 Q, And. 1111Wt wtte the cm:umstanees tllat got 12 plates, running tlie licenses of the drivers to
13 you then? ll determine the accidenc and what ca:used the accident
14 A. We received a 911 call for an a.ccideot 14 and I heard a cotmDtion oon:i.n3 frall t h e ~ -
15 with possilile injuries. To my knowl.e:i;3e, the call 15 Q. Was there only aDe ~ there?
16 was frcm Ms. Thurman. I arrived on scene to try to 16 A. 'l'l!ere was only one ambulance on the scene
17 make a det:ei:mi.nation. I had Mr. Azizan •· Mr. 17 at that tirre. r heard a romotian, a buoch of
18 Azizan•s fiancee, Ms. Reckik and Mr. ~ - Ms. 18 yelling, .screaming and cursing can:i~ from the
19 'ltluxtnan waa in the illllOOlance when I arrived. Mr. 19 ani:iulance.
20 Azizan was in the back -- oo, Mr. Azizan was in the 20 Q. Col.lld j'0U lletermille who 1fllll cloing tbs
21 car trying to get in tbe ambulance when I arrived and 21 yelling and sC?'&ill!litlg and tbs cursirJg?
22 Ms. lleckik was there also. 22 A. It was oot the 00s and I den' t believe it
23 She stated that -- 23 was Ms. 'l'hunnan. She was -- Ms. 'lll1.U'mall was on her
24 Q, She ia l«bo? 24 back in a neck brace when I saw her. So I l:lelieve it
25 A. Ms. Reckik stated that Mr. Azizari had 25 was Mr. Azizan. 'Ii1e EMT called me over and asked me

Page 18 Page20
1 taken her car, which was a Nissan.And she was l to relllO\fe Mr. l\zizan £ran the ambulance. 1'lld r 've
2 driVl.IlS a Fontiac which belonged to Mr. Azizan. And 2 been in law enforcement for about four years llOII and
3 she want:e:i her car back. Mr. Azizan stated he was a 3 that's tr.e first time I've ever had an ambuliilnce alJk
4 driver for Uber and he had picked up Me. '1'lllmran and 4 to renmre somebody.
5 a crazy '«lmatl had hit him. Ile didn't admit that it 5 I gave Mr. Azizan verbal camand!l to exit
6 was initially his fi.ancee. 6 \1>..e ambulance aoo t.'1$1 go sit on my push bunper,
7 After further investigation, I 1ll1lde •· ! 7 which he resisted initially saying he needed medical
8 figured out whose car belro;,ed to wllo. B care, be needed medic.al care. And I told him I waild
9 Q. t>id you verify the l.l'WMrsh.li> of the 9 get him another anbulallce and get him medical care.
ll'I fth.icle? 10 He coo.t:iwed to resiat airl eventually he
11 A. I did. ll did get rut of the ambulance aJJd went to sit on my
12 Q. And whose car ns the ll'iesan that Mr. •· 12 push bunlper. i\l1d that's when the liMr told me he
n A. The Nissan belmgerl to Ms. Reckik. rt was 13 thinks tllat Ml::. Jlzh:an lX)Ssilily is drunk.
14 registered to her. 14 I called a lQI or a DlJI certified officer
lS Q. All right. And llbo&e WU the t'oat:!.ae that lS to cane check Mr. llzizan to see if he was drunk and
16 she waa driv:l.Dg? 16 tbat officer confirmed he was not drunk. At that
17 A. '.I1Je Pontiac belonged to Mr. Azizan mi it 17 tine after he was checked for rm:, I -.ent to take him
18 was req.isterni to him. 18 into custody with Officer Manne.
u Q. All right. That wasn't than 11. Toyota? 19 When we went to take him into custody, Mr.
20 A. It wasn't a Toyota. It was a Nissan 20 Azizan began screaming and yelling and :refused to go
21 sentra. 21 into bandcuffs, Eventually we did get him into
22 Q. And the one that was registered to him was 22 handcuffs, put him in the back of my car at which
23 the Pcmtiac. 21 point he continued to scream and yell and then faked
24 A. Correct. 24 passing out in my car. l took him to l!ortllside
2S Q. Okay. So sbe alleged that be had stolen 25 Hospital to get him medically cleared.

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 21 Page 23
1 While at Northside Hospital, he refused to 1 Q. Did they specifically niention why they
2 speak English to any of the nurses. He said he 2 want to rem:we me from the l!lllbulance? Did they have
3 needed a Farsi tra!'.slator, which they provided for 3 a spaeifie reason?
4 him. And after he talked to the translator, he then 4 A. They did.
5 • - for several minutes, he then began to speak in 5 O. Yes, what was it?
6 English again. And he was then transported from the 6 A. Because of your screaming arid yelling.
7 hospital after being medically cleared to the jail. 7 (l, Okay. Screami:ng and yelling. Okay.
8 Q, l!low, the screaaing and yelling that he was 8 Thank you.
9 doing in front of your vehicle:, was that th8 same .9 Another question in this: You aay that it
10 voice and the same tones as the person that was 10 was scream.ing and yelling. In the police report that
11 screaming and yelling that you heard caning out of 11 I obtained a CoVY of it, you are mentioning in the
12 the ambulance? 12 report as the officer there that they cla..i.med they
13 A. It was. 13 smelled alcohol. Is that correct?
14 Q. lllow, the perso:n who was cursing in the 14 A. That is correct .
15 ambulance, did they have lill accent? 15 Q, So can I say that th& min reason wu that
16 A. His voice was very distinct. It became a 16 they claimed that they smalled alcohol, can I
1? little more higher pitched and talking very fast. 17 understand from y0ll%' report that •· is my
18 And tllat is how I rrade the determination it was, in 18 understanding correct that the main reason was
19 fact, him yelling and screaming in the ambula."!Ce, 19 alcohol -- they smelling alcohol from me?
20 which I later determined was because they were 20 A. No.
21 treating Ms. Thuman instead of him first because she 21 0, Okay.
22 was in the neck brace and injured in the accident. 22 A. 'The aml:clance transports people smelling
23 Q. And the person that did all of this, can 23 of alcohol (inaudible) .
24 you identify him here today? 24 Q. Okay. All right. And did you call the
25 A. Yes, it's Mr. Azizan sta.'1ding before me in 2S certified • • what they call a certified DOI - • the

Page 22 Page24
1 the maroon shirt. l police that CCllll!l to determine that, did you call the
2 o. And this all occurred in Fulton County, 2 other police to come determine ·-
l Georgia? 3 A. I called that officer to check you, yes.
4 A. Sandy Springs, Fulton Q:runty. 4 Q, Okay. Bow long did it tw the officer
5 MR. RILEY, Thank you, sir. 5 come to tha scene in older to detexmine that I 'm
6 'lhat's all I have of this witness. 6 drunk or not? How long; do you remember?
7 nm COiJR'l': All right. 'nla.,k you, 7 A. I do not recall.
8 Mr. Riley. 8 Q. I mean how long did it take tbs other
9 Mr. Azizan, it is now your 9 police that was sent to arrive to the scene to check
10 opportunity to as,: questions of the officer 10 about !:he alcohol?
11 based on what he testified to. Okay? 11 A. I do not recall how long it took him to
12 CROSS-EXAMINATION 12 get there. It was just a short time later.
13 BY THE DEFENDANT, 13 Q, It was a short time?
14 o. Officer, what was the reason the ambulance 14 A. Correct.
15 guy requested from you to remove ma? Do you remember 15 Q. Pot bow many minutes? Like one minute --
1S what he •· l mean, why he was asking the patient to 16 A. I do not recall.
17 he remved £ran the ambulance? 1? Q. Okay. Okay. t>id you order ma ta -- after
18 A. My understanding was because you had 18 • - did you order me ta get out of the ambulance?
19 become disorderly in the anbulance and yelling and 19 A. I did.
20 screaming and cursing at the EMTs . 20 Q. Okay. What I did? What I did after you
21 o. 'l'ha.t wasn't 111!/ question. My queation was 21 order ••
22 'ldla.t was their reason? 22 A. You said you needed medical attention and
23 A, That was -- 23 did not want to leave the ambulance.
24 Q, l didn't ask your understanding. 24 Q. Okay. So I was -· so how I removed fran
25 A. That was the reason. 25 the ambulanca?

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs VS Fazia.l Azmm
Hearing Before the Hon. Sharon Dickson

Page2S Page27
1 A. r gave you venal ~ to leave -- 1 '111at mea!lll that while you
'IBE COURT:
2 Q. SO wt I did after }'0l.ll' vexbal CClllDlllds? 2 were .being tested by the officer, he was
3 A. You told me you needed tredica1 attention 3 talking to Ms. Thurman. rt was happenil'YdJ
4 and did oot want to leave the ambulance. 4 at tlle same time. Okay? SO you don't need
5 Q, b t wu 1llf action? Did :r cxmtimle to 5 to keep asking that question. ~•s =
6 lltay in the illllbulance? 6 for.ard.
7 A. You stayed -· you stayed seated. You ? TEE IJEli1iliIDANT: All right. Okay.
8 stayed seated in the ani:iulance. B All right. All right.
9 Q. Okay. So who removed me? 9 l!Y THI! DEFENDANT:
10 A. I did. Eventually you caiplied with my 10 Q. I was at least 25 l!Wllltes sitting in fra1t
11 vei:bal comnands. 11 of the • • by your butlq)er. Why in that 25 liWllltes y,;,u
12 Q. So after your wrlw. COlll'Jl&lld, ! got out of U did not arrest me?
l3 the ambulanca; u t:llat cornet? 13 A. I knew I was going to arrest you. I was
14 A. After I gave yoo several verbal CO!!lllaDds, 14 waiting to ma.Jre sure you weren •t drunk.
15 correct. 15 Q. Okay. Thank ycu.
16 Q. Okay, All right. But eventually I got 16' A. After I reiro-ved yoo frClll the ambulan.::e.
17 out of •· All right. Okay. When did ytru get tbe 17 Q. Okay.
18 atatsmt of B1f p,a11senger? liter the -· lB A. I knew you were going to be arrested. I
19 A. Whlle you we:m sitting on my push~. 19 wanted to make sure you weren't drunk and 81:J I had
20 I '«e?lt and spoke to the passenger, JIIS. 'lbw:lr.an. 20 you tested first. bi after I detennined you were
21 Q, Okay. Say it again, please. I couldn't 21 not DOI, drunk under the influence, tbat is when I
22 UllderstaJld your - • You say when did you get the 22 arrested yau.
23 statelllent? 23 Q, Okay. Okay, All right.
24 A. While you l>l<te sitting an my push oomper 24 THE DEFENDANT: '!tat' s all I needed.
25 after another offi= had arrived -· 25 'lllanks for a:w.,,,.eri03 the questions.

Page 26 Po.ge28
l Q. Oka:y. 1 MR. RlLEY, l've just got -- I have
2 A. -- to sit with you, I spoke to Ms. 'lbmnan 2 one question.
3 a.bout }'OUI actions in the Nissan. 3 T!lE COURT, All rignt.
4 Q. Okay. Let 111$ ask my qul!8tion. At the i REDlllECT EDJIDl7,'I'ICN
5 time •· at tbs time that they detem!J:ied !•111 not 5 BY MR. RILEY:
6 drunk, okay, You already got the st&te11e11t halt the 6 Q, How close were you to pullillg him out of
7 p;IIIIICl!!W ~ yQU •• 7 that m,w.ance before he eventually did wbat you
8 A. ll'hlle they were - - 8 asked lm! to de?
9 Q. - • got it after that? 9 A. 1 was -- it tas about -- I had given him,
10 JL Whil"' they ~ determining :you were not 10 I want to say a couple of verbal CClllllaJJds. 1 do llOt
11 dnmk •• ll recall how many, but I was alm::>6t at pull.Ing him out.
12 Q. Okay. 12 It WOJ.ld bave taken another -- lees than 10 secro:ls
13 A. •· I and spoke to Ms. Thurman.
ll'ellt 13 to pull him out if he didn't finally get out of the
u Q. While • • say it aQ'lWI. I missed it, 14 amb.llance.
1S pleaae. 15 MR. RILEY: 'l'nat' s all I have.
16 A. Another officer was with you. 16 'illE COURT: All right. Thank you.
17 Q. Okay. 17 All right. The City has aootllet'
18 A. r """1.t and spoke -- r spoke to Ms. 'l'hurlnan 18 witness.
19 while that other officer was with you. 19
20 Q. Ola!y. I Aid that you got the st:atsment 20 BY MR. RI1EY:
21 -· like the stateaiant before the del:mdnation about 21 Q. Sta.te your name for the record.
22 alcohol or after tile d e ~ o n ? 22 A. Officer craig Jo!a.'llle, Sandy~ Police
23 A. D.lrlng the deteminatian. 23 Dep'rrtllalt.
24 Q. !luring. So durl:ng • • illlat does •- I '111; 24 Q. Let me direct your att,mtion to lra:rch 2nd,
25 confused. Dllring, !that dcel! it maan1 25 2.017 ~ t e l y 6lll0 in th& IWel:ling. wen yw

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 29 Page:11
l involved in this inve.lltigation also? 1 Q. Oka.y,Now, ycu say not Qllly did he resist
2 A. Yes, I was. 2 in pulling away £ran you, fighting w.ith you to keep
3 Q. All d.ght. no you know the defendant? 3 your handcuffs off. After he had the handcuffs an,
4 A. Mr. Aziz.an, the gentlen-an standing right 4 did he •· did he continue to resist?
5 there. 5 A. Yeah, he passively •- you know, we l:-.ad to
6 Q, Yea. And what was your involvament and 6 drag him over. He didn't want to just walk with us
when did you become involved? over to the patrol vehicle.
'
8 A. Officer Dwyer responded at the scene. H.e
7
8 Q, So he slumped over?
9 had called for an additional officer. I was right 9 A. Slumped over. Yeah, kind of had to force
10 arou."ld the corner and t sh.owed up as Mr. Azizan was 10 him in the car.
11 walking back to go stand in the front of Officer 11 Q. You had to push him on in. So he W/111

12 Dwyer' s patrol vehicle. At that time, he asked me to 12 still not cooperative, ia that air?
13 supervise him while he went to go talk to other 13 A. Yes, sir.
14 people in the ambulance to figure out exactly what 14 Q. All right. And any time that you have to
15 had happened after he asked hill to recnove him. 15 use force on an individual, does that create an
16 Shortly after that, Officer 1",organ arrived 16 environment that you or another officer or sanehody
17 on scene, conducted his DUI evaluation and determined 17 else could ha hurt?
18 Mr. Azizan was not under the influence of any alcohol 18 A. Yes, sir.
19 at the time. Officer Dwyer retw:ned. back to us. We 19 Q. So your safety was involved by his
20 talked for a minute. It was decided that Mr. Azizan 20 non-canpliance.
21 was going to go to jail for disorderly conduct at 21 A. Yes.
22 that time. 22 Q, As well aa interfering with your official
23 Once it was decided that, we approached 23 duties which you were acting in your official
24 him; ir.forned him that he was going to be under 24 capacity in ordering him to do things that he refused
25 arrest for disorder ccmduct and to turn around and 25 to do.

Page 30 Page 32
1 place his hands behind his back. At tllat point, he 1 A. Yes.
2 continuously began repeating: r•m a student. You 2 Q. He also put you ill a place that your
3 can't do this. Sorrething of that nature. 3 safety wu in jeopardy?
4 The entire ti:.e while he's doing this, 4 A. Yes, he did.
5 we' re trying to gain control over his hand a.'ld he's 5 Q. And this all occurred in the City of Sandy
6 constantly pulling away. Trying to completely resist 6 Springs, Fulton County, Georgia on the date and time
7 us detaining him, which at that point, we have to - - 7 that you previcusly testified to?
8 each of us grab an arm and force him aver the trunk 8 A. Yes, it did.
9 of the car so he's bent over and can't 100Ve. And at 9 Q. And did he make any atatsnents to you or
lO that point, we' re able to apply handcuffs and then we 10 make any at:atements while he wu sitting an the car?
11 had to drag him ove:r to the car and place him in that ll A. Not that ! :recall. r was kind of m::,re
12 as well. 12 focused on •· there were a few people there. I was
13 Q, So, Officer, is it normal an a regular 13 just making sure nothing else happened while Officer
14 rear-end collision to have to call for a second 14 Dwyer oonducted his investigation.
15 officer as hack-up? 15 O. So the outburst OCCUl'red when he
16 A. No. lo detum.ined that he was not going to go to jail?
17 O. And what kinds of occuiana does that 17 A. Yes, once - • the outburst that I was the
18 occur on? 18 witness to, once it was determined th.at Mr. Aziza."l
19 A. DOis where one -- another one where 19 was going to go to jail, his outburst began because
20 another party in the accident is acting disorderly. 20 he didn' t want to go to jail.
21 We find out someone has a warrant . If they' re 21 Q. Ile waa aelf-detennined that he was going
22 arrested. Usually only if we know someone is going 22 to tell y01.1 what he was going to do rather than
2:l to end up going to jail because of something that's 23 cQll!ply with your lawful C01111!11111ds?
24 involved in the accident, we' 11 call another officer 24 A. Yes.
25 to ..assist us. 25 MIL RILEY: That's all I have of this

www.GeorgiaReporting.com/Schedule
404,389.1155
City of Sandy Springs vs Fazial Aziz.an
Hearing Before the Hon. Sharon Dickson

Page33 Page35
l witness. 1 opportunity to present your case, Mr.
2 TB!! (l'X)R'l': All right. Piey guestiOIIS 2 Azizan. As a defendant, you bave an
3 of the Officer? 3 absolute right to zemain silent. Do you
4 n m ~ , Yes, YQ.lr Hanor. 4 understand that?
S 'lllE CXUlT: All right. s nm DSFl!l!ll:Wtl': Yes, ma'am.
6 CROOS·BXAMINATIOO 6 nm <:Xllm': So that means yoo don't
7 l3Y'l'lm~: 7 have to testify unless you c.boose to. You
B 0, At the tile, Officer, )'Oil arrived to the a don't have to present any evidence tmless
9 acme, 1dlat I WI doing? 1lllera I •• where I wu? g you d!oose to.
lO llllerel-•• 10 So that i& up to you. Would }'OU like
11 A. Yoo were in the process of ~ to sit an 11 to go forward or would you like to present
12 the m:mt plBh bumper of Officer llw)'er'11 car, 12 no evidence or information to the Court at
13 12, All right. Did X ult you at•a gohlg cm? 13 this time?
l4 I Mad you what' • going on •• 14 THE llEPEl.\10l\Nl.: My evidence is the
lS A, Y01l did and I told you l 'm not ct11pletely l5 statements that ••
16 sure. I just arrived on scene because .he teql.K!Sted 16 THE COOR'!': Well, you can -- you can
17 an additiollal officer. And when Officer Dwyer 17 sum everyt:l1iog up at the eccl.
18 returns, he'll be able to give you llr)re infornation. 18 'lllE OfflHll\NT: Okay. Okay.
19 O, Officer, do you ramber while•· you 19 'IllE CXltlRT, But I 1 111 just asking if
20 lalow, while we 1IVII waiting 1114 thm the other police 20 you 1fish to testify, 1lleanillg you wish to
2l Ola mi !:Ila -- do yw ~ at llllppellad that 21 make etatements at this ti.me. lbr, if you
22 you illld the other officer& CIIIII to ccmcl.uim to Eke 22 make statements based Cll your side of what
23 IA lttl8t7 23 ocrurred, then the City will CI'08S·exami.ne
24 A. '.!11at was Officer Dwyer's investigaticn. 24 you. 'l.1lat means the City will ask you
25 After speaking to the l!MR, medics, the other victim 25 questiCl!lS just like you were allowed to aalt

Page34 Page36
1 in the l!lllbulance, a determinatiai lllll! made and that's 1 the City's witnesses questions.
2 why you ere 90lll!J to be placed under anut. 2 THE D!P.!IRDllti'l': I have just a l!Ulllllll1)'
3 O, Okay. 3 of all this. I don't lalOlf that I can • •
4 A. When we're -- officers won: together. If 4 MR. 'RlliBY: Judge, I wculd ask that
5 aoother officer says he's come to a det:erminatian, I 5 you instzuct him that his opening axgument
6 don't question his determinatioll. I believe he knows 6 was not evidence alXi that anything that be
7 his job. Be lcoows at he's doing and I lilll there to 7 said in his openm;,i argl.lll1lllt cannot be
8 assist him in whatever be needs, s ccmsi.dered unless it C1111e U1J111 the 11l0ll.tbil
9 O, So actually tba •• did the detamiJlatiQll 9 of my witnesses at a later ti.me.
10 to IIIIIQ an artUt baPl)ISII aftu all ~ t i c m ? By 10 So anyt:hiDg that be might hml tried
ll all inveatigation, I 11181111celli?l!1 the ltllbulane9, 11 to SlllJIIBrize out of his q,ening ai:gument
12 tallwlg wittl their :pulMlllge1: •• paueuger in lllY car 12 that was not teatified by 111}" witnes-
13 and thmt it - aftu all tboae -· all time 13 caimot:. be =i.dered by you because it's
14 1-t:Jgamri, tbffl you. llllde the fiDal -- 14 not testifyi11g and he's not subject to
15 A. I did not make the deterlllinatioll. The 1S cross-examination.
16 determinati01l that yw were going to be placed uader 16 m <DORT: Do you 1l1lderstand that?
17 an-eat was l1llllie by Officer Dwyer. I was there in a 17 'lmt meaI1S your cperu.ng statement is just
18 support role to assist him in whatever he needed. 18 -- it's Mt evidence. It's just what JOU
l9 THE IlEFlillDlWl': 'l1lank you, 'l't'lanks 19 expect the evidence to shaw. Now, if it'B
20 for anawerillg 111}" questicne. 20 ?JOt in the rectm:l and it hasn't been placed
ll MR. RILEY: That Is all I have, Judge. 21 in the rec.wd, then you can't •· you can't
22 We rest. 22 use that in your Sllllll!ation because it• s not
23 THE COORT: All rigllt. '.!'he City 23 actual erldence. It's jw;t where )'Dl1
24 %f!Sts. 'nlat means the City is claoe 24 expected or t.hoJght the - - thought '«lUJ.d
25 preee:nting its ease. It is now }'OUr 2S QQllle QI.It. Ok.l.y? SO it doesn't come ou.t

www.GeorgiaReporting.com/Schedule
404.389 .1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 37 Page 39
1 unless it's placed fa the record or on the 1 THE COURT: Okay. You can make a
2 reoord. 2 statement or so if you choose.
3 THE DEFENDANT: Okay. So it was off 3 THE DEFE!v'DANT: My statement -- my
4 the record, right? 4 statement is this that I was not -- I was
s nm COu"RT: It 's not off . That •s 5 not drunk and then I was a victim of the
6 what you said, but it doesn't mean anything 6 accident, which was very obvious. And I
7 unless the information is presented during 7 was supposed to be taken to the hospital - •
8 you presem:ing evidence or hav:lng saneone a to the ito,,pital instead of - - ir.stead of
9 testify to that. 9 jail.
10 'l'llE DEFENDANT: Okay. I have just 10 And what I •m trying ta say that, that
11 some sumnary about the statement - - 11 is really -- I really -- r was victimized
12 THE COURT: No, not that. I'm asking 12 by being arrested. I was not only a victim
13 you - - you saw how the City had different 13 for the accident already, but also by being
14 people come up and testify? 14 arrested wrongfully -- wrw;fully without
15 TIIE DEFENDANT: Okay. 15 like legitimate reason or there was no
16 'lHE COURT: I'm asking you do you 16 iimnediate danger for nobody.
l7 want to testify? Do you want to say · - do 17 THE COURT, So you're saying you
18 you want to state your side of tJ:s.e facts? 18 should not have been arrested.
19 T'.tl8 DEFENOANT, Yeah, I think the 19 THE DEFENDANT: Yes.
20 opening is my side. If it wasn't 20 THE COURT: So you couldn' t hear from
21 considered my side, I can go -- 21 anything that any reason why you should
22 THE OOURT: No, opening was just 22 have been arrested?
23 where you expected - - 23 T!IE DEFENlll\NT: No.
24 THE DEFENDANT: All right. 24 THE COURT: It makes no sense.
25 THE COORT: - - what you expected the 25 THE DEFENDA.'lT: No.

Page 38 Page 40
1 evidence to show. 1 THE COURT: So any questions of - - is
2 THE DEFENDANT: Okay. 2 that all you wish to sey?
3 THE COURT: Okay? But if you want to 3 nm DB~, Yes, all I w-anted to
4 testify, you have to have that infonnation 4 say.
5 placed on the record which means you would 5 THE COURT: Any questions of him?
6' have to say - - 6 MR. RILEY: Sure, Judge. I'd like to
7 T!IE DEFEN'Dl\NT: Okay. 7 ask him a couple of questions.
8 THE COURT: - • that. Okay? You 8 CROOS-EXAMINATION
9 understand? 9 BY MR . RILE'!:
10 So there are two things going on. As 10 Q, So you're a nursing student, huh?
11 a defendant, you absolutely do n:it have to 11 A. Yes.
12 testify or present any evidence. Do you l2 Q. What kind of nursing are you studying?
13 understand that? 13 A. Registered nurse.
14 THE DEFENDllNl': Okay. l4 Q, !!bat kind? I 'II. sony.
15 THE COORT: All right. But if you 15 A. Registered nurse.
16 choose not to present any evidence or 16 Q. Registered nurse, Okay, So that would be
17 testify, then you can't talk about things 17 somebody who !!light work in a hospital, right?
18 that are not in evidence. 18 A. Yes.
19 THE DEFENlll\NT: Okay. 19 Q. And do you intend to work in a hospital in
20 THE o:JURT: Do you understand that? 20 Iran or do ycu intend to work in a hospital in
21 THE DEFENllllNT: Yes. 21 Georgia?
22 THE COURT: Okay. So what would you 22 A. I can't go back to Iran. I'm a poli::ical
23 like to do at this point? 23 refuge.
24 THB DEFENDA'lT: I want to have a -- 24 Q. Okay.
25 like a very brief - - 25 A. I would be working legal in the United

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404.389. l 155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

. Page43
1 States. 1 the int:ak:a people 1111d the nurn, at the hospital mS
2 Q. In the Vllited States. 2 insist on baving a trlltl8lator t.o 1m111 get yau. iDto
3 A. Yes. 3 the llollpital?
4 Q. Oby. Are you going to be IIOrldllg ill 4 A. Yeah, yeah. 'l'hat -- because they were
5 boSpitAla that j118t spealt hrllif 5 lilO'lle llledical teIIIII.I -- aed.i.cal tems they ~ usitJJ
6 A. Say it again, please. 6 that I wasn't able t:o underlltand. It wasn't like
, Q. Are you goiilg' to !:le woiking in boepitals 7 conversatiaial Knglieh.
I tl:iat j\llt apealt Parsi? B Q, Well, they say that you just cllllllllld up
9 A, Oh, r.o. I truly • - Farsi ie not the 9 1111d wouldn't talk to ll1l'bodr il1 anythiJJg hilt 1ani
10 l!meri.can tinaudihlel • 10 until you got your •· your ~ t e r there.
11 Q. So J011 lpetk llllglillh? 11 A. No-·
12 A. Right. 12 Q. Ian't it true that yw were j111t beiDiJ the
13 Q. And J'l!l '1'8 leamillg all your nunui, ill 13 aame a:aogmit parscm tbat you bad been il:I the •· in
1' lllgll.ab. right? 14 frant of tl:1111 police a:rid in fxcnt of the 111'1'11 =4 in
15 A. Yes, ye;;. 15 m:m.t of xa. '1'm?llllm at the lmpita.11 Tlla.t yw were
lfi Q, And evaiytlwlg that will go oa. ill a 16 going to have ygur ny and yw wre going t.o 8how
17 hospital that you would lie doillg, yw -1d be 17 en:y!lody 1!cW 'f0U oogld control nuyt:ldng, couldn't
18 speatiag ln!TUsh, right? 18 you.? Ia !:bat right?
19 A. Yee. 19 A. (No respoosel .
20 Q. So vl1y did you ela ,ip and :l:nl!ist 011 20 Q, 'nllt'a a yu or a co, air,
21 ap8llwlg a fonign lmlguaga, hni, when. you got to 21 A. Right about tibat? ?cu said a lot of
%2 tb11 hospital when the uurau and tbe -- the miraea 22 things. I don't know whic:h OIJe ia :right ycu' :re
23 and the intake peaple wre t:yittg t:o help you to get 23 trying to say is tight.
2t into the hospital? 24 Q, Okay. well, I'll just let you DOt anl1IU'
25 A. I didn't umemtand exactly. can you 25 the quutim the, H0lr allollt thet?

~G ~«
1 repeat your questiQD again, please? l Jl'cw, Yo11 don't ID!deratand adieal tltllUI ill
2 o. S\lre, You're a ~ • tu4ent, 2 Biiglish; ta t1aat cm:rect?
3 A. Yes. 3 A.I didn't say that.
t (I. Arid yw •tudf about medical things 1l1ld 4 o. weu, you ;l\llt aei4 t:11at they wen 'U8in!r
5 1leiDg a ll\lJ!'U Cid bow you wozlt in II. llollpit&l 8l'lli bow 5 meclice.l teZIIII tbat you &dD•t llllderatand IIDl5 you
6 yw wilt for 11. doctor, ace! you do all this :In 6 llNdedhrlli,
7 IIIQ'liahl rlgbt? 7 A. 8cme medical temi tllat I don't k:!:!Qw.
8 A. Yes. a Q. Alll1 mt kind ot tems wre they using
S Q. That'• what they teach yw at ~ , tha.t you didn't Ul.lderatand? Because I'm INl'll t:bll
10 stab, in Rrlgliu. 10 nvnh!o boafll ill 111W11J to 111111t to hear lbout your
11 A. Yes, yes. u iaability to spealt Bligliah mid inability to
ll (I, An4 80 •· in fact, in llDglisll, you wre l2 Ul2derst:and lllldiC4l tems in BllgUllh if you Wilt to be
13 trying to bill th8lll that you wanted to go to at. Jo's l3 armrse,
14 itlatead of llorthaida. And. you were tel.Ung tha in 14 ao tell me the 01181 you den' t Ulld.entand
15 Bn;llsh. right? 15 110 when I pick thi1 tape up -,_ lend it to tbe
e&n
lo A. Yll8. 16 ?IUt'Sing lx!ard, they 1 1l lmell?
17 Q, '?hat'• IICCOrding to yoar st.al:catt.s ·- 17 A. !Unintelligible) that r think yQi •- is
18 A. Yes. 18 the fact tbat I am a •• still a student is bei.Dg
19 (I. -- in your openilig azv-t. l!I igllored by )'011. I am still a student. I '111 %IOI: a
20 A. Yes, 20 nurse.
21 Q. Okay. 21 MR. RILEY: That'& ll0t r:espcmsive to
22 A. Yes, that's tnie. 22 the answer, but I'll withdraw the question.
23 Q. But wbeD you get to l!Jartbaide lloepital, 23 BY MR. lULl!Y:
u why dm!.'t Yol1 tall• why you eouldn•t ,peak Bnglisll .24 Q. IIOW, lst'a get i:.ck to VII, 'l'lllmlall, So
25 am,- - 111d Yoll juat were going to epeall: rani to 25 you ramaaber (indieating) , hittillg bar cm m 19,J

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Pase 45 Page47
1 like that in the car? l Q. I'm asking about the ambulance, sir.
It's
2 A, ~gs? 2 a yes or no and you can explain - •
3 Q. Yeah, you remember when ah& said you were 3 A. Always I'm trying to be nice, sweet and
4 poking her with your knee and telling her if she 4 calm.
5 didn't get out of your car that you were going to s Q. Oh, good. That's good. Okay. And tell
6 kick her out? 6 me about being nice and sweet and calm when you
7 A. No. 7 wouldn •t stand up and they had to drag you 8l\d push
8 Q, You didn't do any of that either, right? a you into the car. Row ware you bGing 11iot and IIWett
9 A. No, g and calm then?
10 Q, You were a victim than, too; right? You 10 A. Okay. How I treated to push off the car
11 were bill.rig a victim there while she wouldn • t get out 11 once --
12 of your car; ia that right? 12 MR. RILEY: That's not responsive to
13 A. I didn't do it, I just asked from her 13 question.
1!rf
14 don't get out of the car. She said to -- I said 14 THE DEFENDANI', -- once she told me
15 because my fiancee was angry, trying to get - - 15 -- I asked her to -- to be in the car.
lo Q, And you were juat sweet as pie, juat like 16 It's a contraction. At the same time, she
17 you are today, weren't you? Just being a nice, sweet 17 says ! asked her not to leave the car and
18 1111111 with nice, calm answers. Is that how you did it 18 then the same time I 'm trying to push her
l9 then, too? 19 out. I don't understand how -- it doesn't
20 A. You know, this about this case it doesn't 20 make sense for me.
21 matter ! am a nice man or not. 21 BY MR. RILEY:
22 MR. RlLEY: That's non-responsive, Judge. 22 Q. It really doesn't lll&ke any sense, does it?
23 BY MR. RILEY: 23 A. I understand --
24 Q. You can an1Ner my queation yes or no and 24 Q. That's a yea or no qu4stion. It raally
25 you can explain your answer. were you being that 25 doean't make any sense, doea it? You can answer yes

Page46 Page48
l nice, calm, sweet guy like you are t:oday when you 1 or no and then you can explain your answer.
2 were telling her to get out of the car? That' s a yes 2 A. What doesn't make sense?
3 or no. 3 Q. What you just said didn't make sense, Why
4 A. Say your question -- 4 would you !:ell her first to stay in the car to
5 Q, Sura. Were you being the nice •• 5 protect herself frar. your girlfriend and then at a
6 A. Nice. 6 later time 'Whan you get agitated, you threatened to
7 Q, -· sweet -- 7 kick her if she won't get out of the car? That
8 A. Sweet. 8 doesn't malte sense, does it?
9 Q. -- callll. •• 9 A. This is a question or this is like a
10 A. calm. 10 debate.
11 Q. ·- man ·- ll Q. No, sir. We don't debate. I ask the
12 A. Man. 12 que11tiC1ru1,
13 Q, •· that you are being today? 13 A. Okay.
14 A. Oh, okay. You used three adjectives. 14 Q. And you give the anawsrs.
15 Sorry. Nice, sweet, calm. Yeah. 15 A. J.ooks like a debate - -
16 Q, Yes, you were. 16 Q. NO, sir. You can •· you get to answer yes
17 A. Yeah, yea."t. 17 or no •·
18 Q. Okay. All right. And you were that same 18 A. OJr..ay.
19 nice, swaet, cal.Ill man 'Whan you were in the ambulance, 19 Q, •• and then you ·-
20 too; weren't you? 20 A. You give like a lecture pretty nuch, but
21 A. I was even nice. I told her not to get 21 you can go ahead and --
22 out of the car until the police came. 22 Q. No, sir. You can answer that question yes
23 Q, Well, when you were in the ambulance, you 23 or no.
24 were that 8allle nice, sweet, calm :man; weren't you? 24 A. Okay. But can you (inaudible) .
25 A. No, actually it wa11 t:ha a.c,:,ident -- 2S Q. lloaa it ma.lea any "lllllle?

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404.389.1155
City of Sandy Springs vs Fazial Aziz.an
Hearing Before the Hon. Sharon Dickson

Page49 PageSJ
l A. b t doesn't make sense? l THE COURT: Okay. 1lnd just look up
a Q. 'l'hltt you at one point wauld tell her to 2 when you' re ready. Okay? We• u give you
3 stay in the cu to protect he:rlllll.f mm your l just a few minutes.
4 girlfriend and later wll6'n Y'(l!.l get agitated, you would 4 THE DEFENill\NT: Yes.
s hit her (indice.tiog) ltl'.ld then threaten her if she s {Brief pause. )
6 didn't •· tllnaten to kick her out, push her Ollt if 6 (Upon resuming.)
1 1h11 didn't get oat on bar 011n, Does that make my 7 THE o:lm: All right. Are you
& senae? 8 ready, Mr. Azizan?
9 A. 'l'he statooent - - the i.ni tial -- 9 TEE DEFENDl\NT: Yes.
10 0, That' & a yea or no, sir. Dou it make 11I!f 10 rooo: Okay. All right.
'll!E
ll sense? 11 '1l!E DEFENDANT: lt 's closing, right?
l2 A. '!he initial staterrent -- 12 And after me, they're going to close.
13 MR. RILEY: Judge, I'd ask him to n TEE COORT: Yes, sir.
14 answer yes or oo and he can make his -- he 14 nm DEl'liffili\Nr, AS r mentioned, Your
15 can then explain. He refuses to answer the lS Honor, frcm the beginning of tbis hearing,
16 question. Hi 1 'm not guilty at all. I didn't o:xllllit llllY
17 !HE COURT: Well, it seems as if 17 crime. Ever! in the crossing -- crossing
18 thitt •s whenl this is going to continue to 18 and questioning that I -- r had, it is
19 devolve. So we could stop right here. 19 wrong detennine that she said thitt I asked
20 Okay. So let's just go to closing. I have 20 • - I asked fn:xn her not to leave the car.
21 enough information -- 21 But we see that initia.11y in the other
22 MR ' JULEY l l won' t ask aey more, 22 statement, she's saying that I told her
23 ~- 23 that I going •- sorry, my language tc use,
24 THE COURT: -- I have enough 24 but her statement she could pass out of the
25 inforiration. We're just going to he 25 car.

Page 50 Page52
1 playing cat and. 1T101JSe. 1 So this is statel1\ellt with the other
2 MR. RILEY: hll right, Judge. I 2 stat~ that she llB!ticned is an obvious
3 don't have any other questions. 3 contraction thi.t c.anoot be ignOl'lld in the
4 THE COURT: Okay. No wonies. Okay. 4 oourt. And t.~ her credibility is a big
5 So this ia where we are, we are at 5 queatian because of tbose -- that
<i the point of closin3 argument. 6 contraction -- that clear contraction. !t
7 ' l ' H E ~ : Okay. 7 can't b& aedible and -· becai.se of wt
S THE COOR1': So is the City - - s contraction in her stata!l:11t.
9 MR. RILEY: Waive opening and reserve 9 And another thing that is very
10 conclusion. 10 significant is this, that at least 25
11 TllE COURT: Okay. So that means }'OU 1l minutes they just -- r was free -- l was
12 vould go tirnt. 12 there. They didn't make any determination.
n nm DEFENDl\l!l'.t': Okay. can tbey go 13 They were just checking for DUI even after
14 first? l4 the D1J! check that they said I'm okay. r
15 'nm COURT: No, they don't have to, 15 ..as just arrested.
16 They get the la.st word because they put the 16 And then by all rreans, l believe •- r
17 case up. If you need a few minutes to sit 17 believe that -- I don't know what -- l
18 w.m and o;r,;ianize y;,.a; thoughts, I'm. fine 18 believe a police (1J!tintell.igible) • It's a
19 with that. 19 discrimination, I/bat they really did, r
20 'lER DEFllNDAN'l', Oh, no. It 's not - - 20 don't want to accuse them (unintelligible)
21 I ltlaB ttyirJJ to take some note, but -- 21 police to a discrimination.
22 TllE COOR'!': Well, you can sit down 22 Or the amb\llance guy that asked for
21 right c,,rer there at that table. You can do 23 my nationality and then when I said Iran,
24 tbiit. 24 then he -- he •· he made argurrent --
25 'l'f!B IlEFENlll\NT: Thank you. 25 MR. RILEY: I'm going to object to

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 53 Page 55
l that, Judge, because he didn't testify to l you said, your - - you lmow, some of 1:he
2 that when he was -- when he put his 2 information that's come out, it gives me
3 testimony up. That was in his opening 3 clues and a window into who you may
4 argument. That ' s not evidence before this 4 actually be. Okay?
5 court right now so I'm going to object to 5 All right. So I have to lock at
6 that entire line. 6 everything, a totality of the
7 THE COURT: I have to sustain that 7 cirCUll\Stances. Okay?
8 objection so that can't cot1Ve in bacause we 9 Tilll DE:?lJ..'DAN?: All right.
9 don't have any information to that effect 9 TtlE COURT: All right. So is tbat
10 other than you saying it in opening and 10 all you wish to share with the Court?
11 right now, 11 n!ll DEFENDA.'f:': Yeah, I just wa."lt -·
12 But I'm saying it
THE DEFENDANT: 12 r •· I really •· Your Honor, I request from
13 right now. It's on the record, right? 13 the Court, ycu know, by considering, ycu
14 THE COURT: No, no. You didn't 14 know, all situation. You k.110W, all the --
15 testify to that. 15 the things that were just held here to
16 THE CEFE!vTIANT: So I'm not - - I'm 16 dismiss the case.
17 just saying my - • my last statelll=llt is 17 'lHE COL'RT: All right. I have heard
18 really I'm living here eight yea.rs as a 18 from you. Thank ycu. !lave a seat right
H refuge. I escape from my country because 19 there, please.
20 there was no law. The police illegally 20 THE DEFENDI\NT: Over there?
21 arresting the citizens without reason. 21 rnE COURT: Yes, sir.
22 Okay. .SO I catl'e ta live in a free 22 All right. I will hear fran the
23 count...ry and I 'm happy in a free country. 23 City.
24 But I don't wa.'lt my freedom to be suspended 24 MR. RILEY: Judge, I couldn' t ask for
25 just for no reason. Really for no reason. 25 rrore. I would ask you to consider all the

Page 54 Page 56
1 I - - r became a victim in the l information that is before you on today
2 accident and then they put me in the jail. 2 starting with the fact that he stole his
3 It was a real surprise and shock for me. I 3 girlfriend's vehicle. There is the iirpetus
4 didn't conmit any crime, r am just 4 of this entire day's activity. The rice,
5 focusing on my school , researching, I want 5 calm, sweet ma:: stole his girlfriend's car
6 to finish tll'/ bachelor's. So I'm ;:ot like 6 and she carr,; after him and she found hi:r,.
7 searching for any troub:e, nothing. 7 And they're on the phcne with each
8 So I'm just asking fr0:11 the judge to 8 other and the nice, calm, sweet n-a:-. is -- I
9 just to consider all the evidence. I 9 think • • I can' t remember the exact words,
10 wasn t -- it s cultural. There is sorri.e
1 1 10 but t:'~ey we:re ce::rtainl y obscene that he -was
11 kind of behavior or attitude, it's just 11 screaming in the telephone and said it
12 cultural difference. It's not like I'm 12 twice tc her.
13 hating you. I'm not here ta give you 13 And Ms. Thl.L.--inan looks up: Are you
14 attitude or for anybody. It's just, you 14 talking to me? And he goes: No, 1 'm
15 know -- 15 talking on the telephnne. And off he goes.
16 THE COURT: Okay. Listen, no. The 16 And then he -- then they're so wired up
17 attitude, none of that is at issue. W'nat 17 between him screaming at her and her
18 is at issue is did you - · were you 1B screaming a'.:: him because he took her car,
19 disorderly on the day in question baaed on 19 she ra!?'s him with his car. 'That's who he
20 the information that has been presented? 20 is.
21 That's what l've listened to. That's what 21 That's what his life is about. He
22 I 'm wing a determination based on. Okay? 22 continues that life of self-direction.
23 THE DEFEt,.'DA.'IT: Okay. 23 Yes, he wants freedom from Iran. He wants
24 TilE COL'RT: Now, all this other stuff 24 freedom from everything. He doesn't want
25 is extra. But same of these things that 25 the reaponsibility that come>s with freedom

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404.389.1155
City of Sandy Springs vs Fazial Aman
Hearing Before the Hon. Sharon Dickson

Pa~57 PageS9
1 because be is self-determinative of what 1 You got to get out. until t:he cusp of
2 his life is going to be. Be doesn't have 2 getting drug out, he isn't doing anything
3 to follow a!'f/ tu1es. 3 because he's going to do what be wants to.
4 When the lady is laid out on a 4 llllii then they put him on t:he car.
S a neck lmlce, he ~ into
l:la.clcbo,ud aud 5 .IIDd because they have infomltian about the
6 the anbuJance 'Ind demands that he be 6 DOI, they D't know if they':re going to
7 treated first. i!ltld when he does not get. 7 arrest him for rm yet. They do knC7<f
8 that, ~ starts screaming and yelling and 8 they're going to arrest him for disorderly.
!l cursing the Blffil until the point that tlley 9 And they have another officer having hilll
10 have to a:ae and ask the police to nm:,ve 10 conttulled there.
u him. 11 i!ltld when they deteimine that there's
12 My officer has testified in the four 12 .not BUfficient evidence for a DUI, t:hey go
13 years he has been an the rciad, be has 13 ahead and charge him with the disorderly
14 never, ever had an liMl' have to request 14 and tell him to put: his han.i8 behind his
15 IIOllll!body be R1IDVed fran the atllbJJ.ance. 15 back. But does be do that? Ob, no. Oh,
16 Not only was he pitting the EMl's in 16 no.
17 fear of their own safety, he was putting -- 17 You can't tell me. I'111 going to tell
18 he was putting Ms. 'Ihutmi1n again in fear <>f .18 yo.. I didrl 't do anything and so you have to
19 safety :because they had to deal with him 19 belieYe me because I tell everybody 1llba.t to
20 instead of the mst serious accident which 20 do. I t:ell everybody what my life is and
21 was her. 21 you don It get to mterff!re with it, And
22 .IIDd '.Y0\l can believe Ks. 'l1'rut1llan when: ll when you do, I' Ill going to i:esi.st you or
23 l told her she needed to stay in t:he car 23 fotee you and pull away and put the
24 because my girlfriend IIQl].¢ beat her up. 24 officers in dmJer of being hurt because
25 And then later on when he got so agitated 25 they have to physically take you down. And

Page 58 Pap60
1 'he starts hitting her and then says be's l put yourself in hams way because he 'WOil' t
2 going to kick her ass if she doesn't get 2 cooperate.
l out. Those are •· those are incaJgruws 3 SO I've got two officers sitting
4 ltinis of activities. 4 there right 110W having to deal with
5 But you know what, t:bose are his s somebody wl1o is conila.tive to put: them into
6 activities because that's lihare he's at. 6 the car after he's been caibative with his
7 He is a cont%0l freak. ae' s going to tell 7 girlfriend, after he's been conilative with
8 evexybody lihat to do. Be's going to tell 8 the EM'l's, after he's been caubative with
9 his girlfriend. He's going to take her 9 Ms. 'lbu.rman. l\lld now t:hey 1 re having to
10 car. lie's going to tell Ms. 'l1=-man when 10 ooma.t him to get him 'into the car.
11 she c:an j1JIIP and when she can't. He's 11 And once they get him lr'here he can't
12 going to threaten her if she doesn't do 12 pull away anymre, what dces be do? He
13 what he wants to. 13 does t:he slump. You're going to have to
14 When be goes and gets in the 14 drag me in like I'm a bag of potatoes
l5 allibulance, he's going to threaten the l!Ml's. 15 because I'm. not going to cooperate 110W
16 He's going to take them away frllm their 16 eit:her. I can•t pull away fro1II you any
17 1110re seriOUB accident, llbich is Ms. 17 mre. I can't fight you a!'f/ ur.:ire, but I'm
1ll 'lllumm. He refuses to wey lawful 18 not going to cooperci.te either.
l!I OOlllllilnlS of the police. In fact, Officer 19 And that is the c, interfer.il:ig with
20 ~ said: Judge, it was aixiut 10 mre 20 the lawful occupation of m,t;her until they
21 second& if he ladn't gotten out, I was 21 have to actually literally pill hint into
22 taking him 0Ut. 22 the car am t:hen they take hilll to the
2l Now, he had n the offic&r had t«>rk.ed 23 hospital.
24 all the way tluwgh. calm the situation, 24 And they get to the hospital and this
25 calm the situation, calm the situation. 25 nursing stuient, this persal who wants to

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page61 !'age 63
1 explain that we' re having a debate as he 1 arrested was a real suxprise for you.
2 understands English. And, oh, those were 2 Now, I don't know what you listened
3 three adjectives in a row, that he 3 to from this trial, but it appears t:-.at we
4 understands English. A."ld who is studying 4 heard -- like we weren't at the same trial.
5 medicine at Georgia State in E:-.glish. 5 Like you heard nothing that you did.
6 Suddenly goes : I don' t speak - - I only 6 So I do find you guilty wit.'lout
7 will speak Farsi. I need an interpreter. 7 hesitation because of you and your
S He goes straight paasive/agressive, 8 self:i.sbness, your being inconsi~rate and
9 He has ability to be interviewed, to 9 just si~ly unconcerned and unbothered
10 be brought into the emergency roon and be ~o about the danger you created with respect
11 - - take the intake and he refuses to do 11 to Ms. Thurma..'1.
12 that and he t=s to Farsi. He' a 12 ! am just appalled that you would
13 interfering with the lawful occupation of 13 take someone else 's vehicle without that
14 the hospital er,ployees because he refuses 14 person's permission. Go pick a passenger
15 to do sooething and he - - even though he 15 1..p. 'Ihls is your job. This is how you
16 can do it. 16 make =ey.
17 And then he comes here today and he 17 THE DEFENDANT: I --
18 is the sweet, gentle, meek soul here today 1B THE COURT: You're not talking now,
19 who is a victim. Who at every turn and 19 You don't get to talk. It's my turn.
20 during this event has taken every 20 Okay?
21 oppcrtu."lity to hurt sooebody, to fight 21 But I know where you cane from, W01l'e!l
22 somebody, to show them that they can't de 22 don't rean anything. Okay? But that's not
23 anything to him because he 's in control . 23 how it works here. Okay? You can lock up
24 Judge, we have proved disorderly 24 or you don't have to. It's up to you. r
25 conduct about eight different ways in eight 25 mean, l'm just a woman. I'm only a WOll'an

Page 62 ?age 64
1 different circumstances and we' re entitled 1 who is wearing a robe today. Doesn' t
2 to prove it every way. You can only find 2 really natter. I get this. This is who
3 him guilty one time because they only 3 you are.
4 charged him once; but I would ask you to 4 Okay. So you have this watra."l coming
s find him guilty. And after 'f:l<J. de, t would S £ran work. She's been using Uber for a
6 like to be heard on sentencing. 6 year, year and a half. This is how she
7 THE COORT, Thank you. 7 gets heme. She ' s had no problems . You
8 Mr. Azizan, the first phrase that 8 insert her into this !Mdness that you are a
9 comes to mind and that has come throughout 9 pare of.
10 this trial is what a tangled web we weave. 10 She gets in the car. You're en the
11 1 am not supposed to understand this. 'l1iis 11 phone with somebody cursing, cussing them
12 is not supposed to make sense because it I s 12 out, giving it to them, She' s like, who
13 conplete craziness. It's not supposed to 13 are you talking to? Are you talking to me?
14 make sense to people who are reasonable and 14 No, no, I'm talking to her.
15 who live their lives in such a way that 15 First of all, if this is what you do
16 they try to be reasonable and act 16 for a living, you should not be this upset
17 reasonably. 17 and this crazy. You sho-Jldn't have even
18 All :right. So this is what I heard 18 let this worr.an get in this car with you in
19 from you. You said was this an abuse of 19 this madness that you were a part of. You
20 police power? Was this discrimination? 20 brought her into your crazy, upside down,
21 You :r..ave been here eight years as a refuge 21 ridiculOllll world. She could have been
22 because there was no law w:iere you came 22 killed. You and this maniac fiancee of
23 from. You wanted to be i:: a free country. 23 yours, she's so upset tr.at you took her car
24 You want freedom. You don't want your 24 that she rear-ends her car with your car.
25 freedom suspended for no reason, l\nd be~ 25 This is the most ridiculous mess that

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page6S Page67
1 I have seen in a while. 'nlis is shameful. 1 probation for a period of time probably
2 You are a small person on the inside, Mr. 2 with the sare person he's paying- child
3 Azizan. You have oo regaxd for anyoae 3 support to, but I couldn't say that for
4 else. 4 certainty.
5 If you becane a nu.rae, I newr 1lilllt s He oblliously bas a history of this.
' to be in the hospital >mere you end up 6 ae oblliously has oo ~ or 011re.

7 lUlting. You shouldn't put your band·· 7 It may just be his nature of teSpallSibility
B yw shouldn't be laying hands on anyone to 8 because even to:lay, yoo know, he would not
g make them well. You need to gat well. You 9 answer my questions. You know, he was j.ist
10 are not right. 10 going to tell me hcM it was. Answer yes or
ll So wilell live in a free society,
you 11 I1C and then you can tell me what you want.

12 you have a respons:ihility. You don't just 12 No, I'm going to tell you what I want to
13 have freedaa. 1tle freedan exists because 13 tell you.
14 people follow rules. '.!'base rules have to 14 So, Judge, I don't think that the:re's
l.5 be one111 that are of a moral nature. You 15 11. rehabilitative function. I thitlk there
16 have to do the right thixlg if you eJl;leCt 16 is only a punitive function that is •· that
17 the right thing to happen. You have to 17 will affect him al:lout undenltanding the
18 follow the nil.es. You can't just say, hey, 18 responsibilities of living in this a,ciety.
l9 I get to do whatever the hell I want. 19 nie aaximum sentence you can give him
20 That's not bow any of thi& goes. 20 is six months. And, frankly, I think he
21 Yru need to go to jail. YOll are 21 deserves a six IIIDllth sentence because he
22 despicable tone. This woman is still 22 has conmitted this offense and I've proYe!l
23 going thx0ugh physical therapy. She llllid 23 at leaet six or seven different ways and
24 she got knocked aramd in tlle back seat and 24 ti.ires. Every instance he got to with:ill
25 then you got her in a domestic drama 25 this city, he took the opportUllity to do it

Page66 Page68
1 bearuse you' re too caught up with }'IXlrSelf 1 again. To anybody in llis way, anyi.,o:iy in
2 to say, hey, 1 1111 not fit right - to pit 2 mmt of him.
3 i'0ll in this car. l should -· I should llOt 3 SO I really want jail tiaie for him.
4 accept your nmey because I'm CllSSiDg out 4 I vould ask that we send a Cf1f1':I of this -·
5 my girlfriend. s send a copy of this n:card:iDJ to the board
6 '!his is shameful. You could have had 6 of nursing because I am equally, equally
1 tbat ianan killed. Y'all are out there 7 oa:icezned that a person like this cruld
8 drag racing and. auch, acting like she's not a
9 even in the car. Just doing your thing in 9 othe:r people's liws in their hands.
10 thl.ca tw:i.Atlld dmle~tfo drama. This is 10 1'HB COORT: All right. I will hear
11 pitiful. 11 tran you as to why I sllould oot smd you. to
12 All right, I do filld you guilty as I 12 jail for six moths. I take this vel.)'
13 said, without reservation or llesitation. 13 seriously llecawle the city is askilY,J for
14 What is the City asking for? 14 six lllOOth8. I make the final
15 MR. RILlll': Judge, if yw'll review 1S determination, but I want to hear from you
16 his record, you will filld he has a prior 16 befon1 I decide.
17 danestic violeoce a.invictiai and a 17 'lHB llEFI!Nl'.)lffl: I !P to school right
18 001lYiction for child abuse, I believe 18 oow. If I get cowiction, I Cllll't even
19 prdlably in the fourth degree. Dcmestic 19 finish 1l1Y school or get my license. I
20 viole!lce in the presm:e of a child. And ! 20 da:t't deserve to go to •- I want to finish
21 believe t:llose are the two coovictions that 21 11'/ school. I C8111e here to build 11'/ future.
22 he has. 22 THE a.J!JRT: Yeah, And it's all about
23 It was downgraded fra!I an aggravated 23 you. It's all about you.
24 assault to a plea to a misdemeanor case. 24 SO, yes - - ycu llm1w, just so many
25 It'& 2011, I believe it is. ll'.e'll en 25 instances. The officer a.ski.nq you sew:ral

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404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page69 Page 71
1 times to come out. You' re being l should not be letting you drive. They need
2 ridiculous . You' re upset because they" re 2 to be tt"ade aware of this incident .
3 taking care of her first . I can' t even 3 This is crazy. And then you drew
4 believe it. I just - - I have no words for 4 everyone into this web and it just became a
5 this • - all this confusion you drew to 5 production of sorts. And it 's all because
6 yourself and all this nadness and mania. 6 of you and who you are on the inside and
7 This is so pitiful that you - - you 7 who you just could not be. You couldn't
8 did this and that you caused all this. You 8 just be a growmip and say, you know what, I
9 could have left her - - left this - - you 9 messed up. I apologize.
10 could have not picked up that pl".one if you 10 Would you apologize to Ms. l'hurmm?
11 know you' re in the middle of cursing with 11 T!lE DEFEN!ll\NT: I apologize. I 'm
12 sanebody. You shouldn't be driving. 12 sony.
13 But that's hDw you live. That's who l3 THI! COURT: I 'm sorry?
14 you are. And then you're mad that they're 14 nm DEFENDANT: 1 do apologize. I'm
15 seeing Ms • Thurman fi rat . She doesn't even lS sorry.
16 work up here any nx:ire. 'Ibis was a 16 Why are you -- for what?
T!iE COURT:
17 night=e. It's a nightmare to -- I have 17 For anything that --
THE DEFENDANT;
18 never caught Uber, but I'm going to two or 18 any inconvenience or anything that
19 three times. 19 happened.
20 All right. So there is no fine in 20 TilE COURT: Or anything -- you know
21 this matter. You will have six 11'0nths on 21 what happened. Again --
22 probation. I am going to give you some 22 1'!!E DEFENDANT: I'm sorry - -
23 time because you deserve every bit of it. 23 THE COURT: -- you l-.ad several
24 THE DEFENDANT: But I go to scoool - - 24 tantrurrs just like you are a child. You
2S '!HE COURT: Yeah, sc."iool is going to 25 went limp like a kid does after having a

Page 70 Page 72
1 be there . Georgia State is not going 1 tantrum. I :rean, you are - - how old are
2 anywhere • Okay? Georgia State i& going to 2 you?
3 be offering the same classes. 3 Tl!E Ol!Fllli'D.l\N'l" : 39 ,
4 But you caused so nuch dra!Ti'l and 4 THE COURT: My God. You look like a
5 confusion and sickness, l 'm going to give S 10 year old to me right now. This is --
6 you some time. 1 'm going to give you five 6 this is pitiful.
7 m:mtbs instead of six. 7 MR. RILEY: Judge, if 1 1113y. Of
8 THE DEPENDAN'l': Oh, please. a course, he has a right to an appeal.
9 THE COllRT: Oh, no, no. 9 THE COURT: You do. You absolutely
10 THE DEFE!.'Ol\N'J': I can't give up on -- 10 can appeal this and -·
11 THE cot'RT: Yeah, you can. You don't 11 MR. RILEY, He has 30 days to appeal
12 want to, but you can. 12 to --
13 So five months is -- five times 30 is 13 THE COURT: -- you have 30 days to do
14 150 days in custody. 14 so.
15 So you were not a victim. You simply 15 MR. RILEY: - - the Superior Court of
16 caused everyone in your wake to become one, 16 Fu1 tan County if you wish to appeal this
17 but you can't see it that way. So you've 17 case. Do you \lllderstand that, sir?
18 got some time to think about who you are 18 THE DEFENDANT, !Inaudible).
19 and who you can become. 19 THE COURT: You can speak into the
20 THE DEFEl;1)ANT: Can I make to the 20 microphone.
21 fine. Please -- 21 TFJll DEFRNl.'lANT: Yes, yes.
22 mil Cot'RT: No, that would just be 22 THE COURT: All right.
23 too easy. I mean, you are a threat to 23 MR, RILEY: All right. '!1iarlk you,
24 everyone who wants to catch Uber. I can• t 24 Judge.
25 believe you• re still doing that. '!"hey 25 (l>roceedings concluded)

A Elizabeth Callo www.GeorgiaReporting.com/Schedule


- - con~f IHP:OIUHiC, lt.C
404.389.l 155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Page 73

STATS Of G~ORGIA

COlTh"l'Y OF MUSCOGEE

9 C!:RTIFICATE
10
11 The fo<egoing transcript of the recorded phone call
12 was reduced to typewriting by De from t.he original a1;.dio
13 recordi:ig provided by Elizabeth Gallo Court Reportbg,
14 l.A.

15
15
17 llIT!aSS MY HAND t!lis 23rd day of Jan~ary, 2018,

18
19
20

21
22

23

24 Certified Court Repor~er


25

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

accident 3:17,23 8:1,2 answering 27:25 34:20 17 19:25 20:1,5,13,15,


1 17:14 19:13 21:22 20 21:2522:9 29:4, 10,
answers 45:18 48:14
30:20,24 39:6,13 46:25 18,20 32:18 35:2 51:8
10 28:12 58:20 72:5 54;2 57:20 58:17 anymore 60:12 62:8 65:3

10;30 11:15 accuse 52:20 apologfze 71:9,10,H, Azlzan's 17:18


14
150 70:14 act 62:16
appalled 63:12 B
acting 30:20 31:23 66:8
2 action 25:5
appeal 72:8, 10, 11, 16
bachelor's 54:6
actions 26:3
appears 63:3
2011 66:25 back 8:7,1210:211:5,
apply 30:10 6,1113:1815:917:20
activities 58:4,6
2017 10:313:20 17:8 18:319:8,24 20:22
28:25 approach 8:8
activity 56:4 29:11,19 30:1 40:22
25 5:2027:10,1152:10 actual 36:23
approached 29:23 44:24 59:15 65:24

2nd 10:3 13:20 17:8 approximately 10:3 back-up 30:15


additional 29:9 33:17
28:24 28:25 '
adjectives 4e:14 61:3 backboard 57:5
argue 12:5
admit 18:5 bag 60:14
3 argument 4:18,23 5:6
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30 70:13 72:11,13 affect 67:17
50:6 52:24 53:4 Barfield 11 :25
39 72:3 arm 30:8 based 14:3 22:11 35:22
affirm 2:13
arrest 27:12,13 29:25 54:19,22
affirmative 2:17
5 33:23 34:2, 10, 17 59:7,8 beat 57:24
aggravated 66:23
arrested 5:23 6:6 began 20:20 21:530:2
5:00 11 :14 agitated 7:6 48:6 49:4 27:18,22 30:22 39:12, 32:19
57:25 14,18,22 52:15 63:1
beginning 51:15
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behavior 9:2 54:11
alcohol 5:17 8:7 23:13, arrive 24:9
6:00 17:8 28:25 belonged 18:2,8,13, 17
16, 19,23 24:10 26:22
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29:18 bent 30:9
17:16, 19,21 25:25
9
alleged 18:25 29:16 33:8, 16 big 52:4
911 3:16,25 13:4 15:6,8 allowed 35:25 arrogant 43:13 bit 6:14 69:23
17:14 ambulance 4:4,5,7,21 ass 12:23 15:2 58:2 board 44:10,16 68:5
5:5, 12, 13, 15 8:7,12, 13,
assault 66:24 boom 12:16
A 1717:19,2119:14,15,
16,19 20:1,3.6,9,11 assist 30:25 34:8,18 borrowed 19:5
21 :12, 15, 19 22:14,17,
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19 23:2,22 24:18,23,25
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14 29:14 34:1,11 46:19, 24:22 25:3 28:24
absolute 35:3 brought 61:10 64:20
23 47:1 52:22 57:6, 15
absolutely 38:11 72:9 58:15 attitude 54:11, 14, 17
build 68:21
abuse 62:19 66:18 American 41:10 aware 71:2
bumper 5:21 20:8,12
Azizan 2:8, 18,23 6:23 25:19,2427:1133:12
accent 3:19 21:15 AMR 33:25
7:20 8:1,6, 11, 14,17,21
accept 66:4 angry 5:6 13:2,3 45:15 9:4,1511:113:25 bunch 19:17
17:10, 17,20,25 18:2,3,

www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

checking 52:13 comply 8:22,25 32:23 country 4:12 53:19,23


C 62:23
child 66:18,20 67:2 concern 13;9
71:24 County 13:21 22:2,4
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32:6 72:16
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citizens 53:21 28:3, 16 33:2,5 34:23
61:25
calling 34:11 city 6:12 9:18 13:20 35:6, 12, 16, 19 36:16
conducted 29:17 37:5, 12, 16,22,25 38:3,
calm 7:1445:1846:1,9, 28:17 32:5 34:23,24
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68:13 50:4,8, 11, 15,22 51:1,7,
capacity 31 :24 confused 26:25 10, 13 52:4 53:5,7,14
City's 36:1 54:16,24 55:9,10,13,17,
car 3:14 5:21 6:24 7:4, confusion 69:5 70:5
7,16,198:2011:4,17,18 claimed 5:16 23:12, 16 21 62:7 63:18 68:10,22
considered 36:8,13 69:25 70:9, 11,22 71:13,
12:24 14:24 15:3 16:1, clam 41:20 37:21
2,3,9, 19,20,22 17:21 16,20,23 72:4,9, 13, 15,
18:1,3,8,1219:1,11 clammed 43:8 constantly 30:6 19,22
20:22,24 30:9,11 31:10 classes 70:3 contact 17:9 Craig 28:22
32:10 33:12 34:12 45:1,
5,12,14 46:2,22 47:8, clear 52:6 continue 25:5 31:4 crash 3:14,15
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51 :20,25 56:5, 18, 19 continued 7:6 8:9
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clues 55:3
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collision 30:14
35:145:20 50:17 55:16 52:3,6,8
66:24 72:17 combat 60:10 credible 52:7
control 30:5 43:17 58:7
cat 50:1 combative 60:5,6,7,8 61:23 crime 6:2 51:17 54:4

catch 70:24 command 25:12 controlled 59:10 cross-examination


14:9 22:12 33:6 36:15
catching 13:11 commands 8:19,22 conversational 43:7 40:8
20:5 25:1,2, 11, 14 28:10
caught 66:1 69:18 conviction 66:17,18 cross-examine 14:1
32:23 58:19
68:18 35:23
caused 19:13 69:8
commit 51:16 54:4
70:4,16 convictions 66:21 crossing 51 :17
committed 67:22
causing 13:9 cooperate 60:2, 15. 18 cuffed 8:21
commotion 19:14,17
certainty 67:4 cooperative 31:12 cultural 54:10,12
compared 9: 13
certified 20:14 23:25 copy 5:1414:12 23:11 cursing 8:12 19:18,21
complete 62:13 68:4,5 21:14 22:20 57:9 64:11
charge 2:19 59:13
completely 30:6 33: 15 corner 29: 1o 69:11
charged 62:4
complex 11:19 correct 14:15,21,22 cusp 59:1
check 20:15 24:3,9
15:1318:24 23:13,14, cussing 64:11 66:4
52:14 complicated 6:14
18 24:14 25:13, 15 44:2
checked 5:18 20:17 complied 25:10 custody 20:18, 19

2 www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

intake 41:2343:1 61:11 kind 31:9 32:1140:12, live 53:22 62:15 65:11 35:6,24 36:17 38:5
14 44:8 54:11 68:8 69:13 50:11 52:16
intend 2:10 40:19,20
kinds 30: 17 58:4 lives 62:15 68:9 medical 5:3 20:7,8,9
interfere 59:21
knee 15:1 45:4 living 53:18 64:16 24:22 25:3 42:4 43:5
interfered 6:25 44:1,5,7,12
67:18
knew 27:13,18
interfering 31 :22 80:19 medically 20:25 21:7
61:13 knocked 65:24
location 3:21,24
long 24:4,6,8, 11
medicine 6t5
interpreter 43:10 61:7 knocking 16:6
medics 33:25
interviewed 61:S knowledge 17:15
lot 43:21
meek 61:18
investigation 18:7
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29:1 32:14 33:24 34:10, L
11, 14 M mentioned 51:1452:2
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listened 54:21 63:2 meaning 35:20
kid 71:25
literally 60:21 means 14:2 27:1 34:24
killed 64:22 66:7

5 www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

occasions 30:17 pass 15:6 51:24 place 30:1,1132:2


N
occupation 9: 1 60:20 passed 3:19 plates 19:12
61:13
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nerves 12:25 15:2 16 15:19 17:6,7 20:14, patient 4:20 22:16
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parties 2:10 production 71:5
obtaining 5:14 pitched 21:17
party 30:20 pitiful 66:1169:772:6 prosecutor 2:6
obvious 39:6 52:2

6 www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

protect 48:5 49:3 rear-ends 64:24 repeating 30:2 road 57:13


prove 62:2 reason 22:14,22,25 report 5:15 8:9 14:11 robe 64:1
23:3,15,18 39:15,21 19:6 23:10, 12, 17
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repeat 42:1
rear-end 30:14 9 52:25 55:24 66:15 sentencing 62:6
72:.7, 11, 15,23

a.
W Elizabeth Gallo
co111t ati>oo,uo. 1,c
7 www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

Sentra 18:21 soul 61:18 strong 3:19 56:14,15 63:18 64:13,


14
shameful 65: 1 66:6 Southern 10:9 student 3:6 4:20 30:2
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sorts 71:5 straight 61 :8 14:14 21:17 27:3 34:12 22,25 8:24 9:20,25

8 www.GeorgiaReporting.com/Schcdule
404.389. I l 55
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

10:1,2514:1,1115:5 tum 11:24,25 12:15 victimized 39:11 wrong 51:19


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victim 5:2,24 6:6 33:25 worries 50:4
trunk 30:8
39:5,1245:10,1154:1 wreck 19:9
truth 2:15,16 61:19 70:15

9 www.GeorgiaReporting.com/Schedule
404.389.1155
City of Sandy Springs vs Fazial Aziz.an
Hearing Before the Hon. Sharon Dickson

70:14 determining 26:10 Dwyer 17:6,7 29:8,19 Excuse 12:10


32:14 33:17 34:17
devolve 49:19 exists 65:13
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deserve 68:20 69:23 drivers 19:12 16:26 16:18 17:18 18:6
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determine 19:13,20 59:6,7,12
24:1,2,5 51:19 59:11 exact 12:25 56:9 find 30:21 62:2,5 63:6
DUIS 30:19 66:12,16
determined 7:3 19:2.4, EXAMINATION 9:22
7 21:20 26:5 27:20 duties 31:23 16:1617:3 28:4, 19 fine 12:4 50:18 69:20
29:17 32:16, 18

A Etizabetb Catto 3 www.GeorgiaReporting.com/Schedule


"'CO·UU' IHPOA'l'UC. UC
404.389.1155
City of Sandy Springs vs Fazial Azizan
Hearing Before the Hon. Sharon Dickson

70:21 girlfriend 12:12 48:5 happy 53:23 61:21


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gentle 61:18 happened 3:10,14,15, hour 17:8 instances 68:25
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Georgia 3:6 13:21 22:3 71:19,21
32:6 40:21 42:9 61 :5 huge 6:25 Insurance 4:17
70:1,2 happening 27:3 hurt 13:7 31:17 59:24

4 www.GeorgiaReporting.com/Schedule
404.389.1155

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