Guy Allegedly Pulls Gun During Deposition (FWIW, You're Not Supposed To Do That)
This takes "smoking gun" too literally.
A veteran lawyer I used to work with once told me a story about representing the Elvis Presley estate, and how he had to demand that someone (I believe a secretary to one of the lawyers) leave the room because she was carrying a loaded pistol into the meeting. At the time this sounded like the sort of pure insanity that could only happen in an era long gone in an area of the country that considers the world’s largest Bass Pro Shop a landmark.
But, apparently, we’ve seen less progress than expected lo these many years.
In a motion filed last Thursday, Dale A. Hayes Jr., attorney for Christopher and Mark Stuhmer, asked the court to delay Christopher’s upcoming deposition by attorney James Pengilly. At the heart of this unusual request is the alleged behavior Pengilly — acting as his own counsel in the case — displayed at Mark Stuhmer’s deposition:
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Hayes yelled at Pengilly not to draw his firearm and tried to get Mark out of the room. At this point, Hayes thought Pengilly was going to shoot Mark and Hayes. Pengilly pulled his firearm but kept it in the foregoing gunfight position.
Wait, what? Back up.
Obviously these are just allegations in a self-serving motion. But these are sufficiently serious allegations that Hayes had better be prepared to back up because accusing another attorney of pulling a gun is pretty extreme — and, to that end, Hayes states in the brief that Las Vegas law enforcement is involved.
So according to this motion, things got off the rails early on:
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Pengilly’s first question “[w]hy are you suing me” was conveyed in an aggressive and snarly tone. Just a couple minutes into the deposition, Pengilly began insulting Mark, stating that members of Mark’s loft community referred to him as “Big Bird.” Pengilly also called Mark a “dipshit” and/or “dipshit fucker” on several occasions.
Never heard of the latter insult before, but even dipshits deserve lovin’, right?
Presumably not this Andrea Martin, but if it were that wouldn’t be the least shocking thing about the case.
Pengilly’s conduct grew increasingly aggressive and Hayes quickly concluded that the deposition needed to be terminated. Hayes terminated the deposition, but Pengilly kept provoking Mark as Hayes and Mark were getting up to leave the room. Mark and Pengilly were screaming back and forth. The court reporter, Andrea Martin, was still typing. Pengilly continued to try to provoke Mark. Hayes was growing increasingly concerned that Pengilly was unstable (Pengilly is a very small man and Mark is 6’2″, 225 lbs).
This seems like an odd juncture to bring up their relative heights. This just reads like unnecessary trolling…
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Pengilly had his hand on his back right hip as if he was going to draw a firearm. Pengilly was yelling at Mark to “get out” of his office but simultaneously continued to provoke Mark to attack him. Pengilly then lifted up his shirt and Hayes and Mark observed a handgun on Pengilly’s back right hip in a holster.
Oh. Hey. Whoa. Things have gone up a notch. Even if all the ensuing allegations are a big misunderstanding, there’s no good excuse to be carrying a gun into a deposition. There’s only a risk that it’ll lead to… well, this very motion.
Hayes repeatedly warned Mark that Hayes believed Pengilly intended to shoot and/or kill them under the façade of self-defense.
Well, that’s one interpretation. I’m assuming it’s not the one Pengilly will put forward.
Once Pengilly responds, we’ll update this story.
(If you’re trigger happy to read the full motion, it’s on the next page…)
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.
