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Court Deposition of Drew DeBerry

Court Deposition of Drew DeBerry

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Published by Hank Gilbert
Court Deposition of Mr. Drew DeBerry, Deputy Commissioner of Agriculture at TDA.
Court Deposition of Mr. Drew DeBerry, Deputy Commissioner of Agriculture at TDA.

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Published by: Hank Gilbert on Oct 12, 2010
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c4635592-2565-43ed-ab2c-f862a6ecb5c5
DREW DEBERRY
ROSS REPORTING SERVICES, INC.281-484-0770
Page 1
CAUSE NO. 2008-45087 (CONSOLIDATED)ALLISON SNODDY, et al ) IN THE DISTRICT COURTPlaintiffs, )v. )PETROLEUM WHOLESALE, INC. )et al. )Defendants, )and )STATE OF TEXAS ) HARRIS COUNTY, TEXASPlaintiff )v. )PETROLEUM WHOLESALE, L.P., )d/b/a SUNMART; and PWI GP, LLC)Defendants ) 334TH JUDICIAL DISTRICT*********************************************************ORAL VIDEOTAPED DEPOSITIONDREW DEBERRYApril 26, 2010*********************************************************ORAL VIDEOTAPED DEPOSITION of DREWDEBERRY, produced at the instance of the DEFENDANTS, andduly sworn, was taken in the above-styled and numberedcause on the 26th day of April, 2010, from 9:00 a.m.until 5:16 p.m., before Paige S. Watts, CSR/RPR, in andfor the State of Texas, reported by stenographicmachine, at the Office of the Attorney General, 300 WEST15TH STREET, 9TH FLOOR, AUSTIN, TEXAS, pursuant to theTexas Rules of Civil Procedure.TAXABLE COST: __________PAID BY: _______________TBA NO.: _______________JOB NO.: _______________
 
c4635592-2565-43ed-ab2c-f862a6ecb5c5
DREW DEBERRY
ROSS REPORTING SERVICES, INC.281-484-0770
2 (Pages 2 to 5)
Page 2
1
A-P-P-E-A-R-A-N-C-E-S
2
COUNSEL FOR PLAINTIFF, STATE OF TEXAS:
3
Mr. John S. Langley
4
OFFICE OF THE ATTORNEY GENERALEnvironmental Protection & Administrative Law
5
P.O. Box 12548Austin, Texas 78711
67
COUNSEL FOR PLAINTIFF, STATE OF TEXAS:
8
Mr. John OwensOFFICE OF THE ATTORNEY GENERAL
9
Consumer Protection & Public Health Division300 West 15th Street, 9th Floor, MC 010
10
Austin, Texas 78701
11
COUNSEL FOR DEFENDANTS, PETROLEUM WHOLESALE:
12
Mr. Randy L. Fairless
13
JOHANSON & FAIRLESS, LLP1456 First Colony Boulevard
14
Sugar Land, Texas 77479TBN: 06788500
15161718
ALSO PRESENT:
19
Kelley Friedman, Johanson & FairlessStuart W. Lapp, Petroleum Wholesale
202122232425
Page 3
1
INDEX
23
PAGE
4
APPEARANCES .................................... 2
56
DREW DEBERRY
7
Examination by Mr. Fairless..................... 4
8
EXHIBITS
910
EXHIBITNUMBER DESCRIPTION PAGE
1112
450 Business Card of Mr. DeBerry 28
13
451 Commissioner Findings of Fact 110
14
452 Guidance Document 215
15
453 Talking Points July 31, 2008 215
16
454 Talking Points July 31, 2008 215
17
455 Talking Points July 31, 2008 215
18
456 Talking Points July 18-20, 2008 215
19
457 Talking Points July 18-20, 2008 242
20
458 Operation Spotlight Procedures 242
21
459 Operation Spotlight Procedures 242
22
460 E-mail from Drew DeBerry 261
23
461 E-mail from Drew DeBerry 275
24
462 E-mail exchange Staples/DeBerry 275
25
Page 4
1
THE VIDEOGRAPHER: We're on the record,
2
April 26th, 2010. The time is 9:15.
3
DREW DEBERRY,
4
having been first duly sworn, testified as follows:
5
EXAMINATION
6
BY MR. FAIRLESS:
7
Q. State your name for the record, please.
8
A. Drew DeBerry.
9
Q. Was PWI targeted in Operation Spotlight?
10
A. Was PWI...
11
Q. Targeted in Operation Spotlight?
12
A. I wouldn't use that word. No, sir.
13
Q. Do you think it would be unfair to use that
14
word? Is that why you wouldn't use it?
15
A. Yes, sir.
16
Q. Okay. How old a man are you?
17
A. Let me do the math here. I think I'm 32.
18
Q. Where do you presently reside?
19
A. Hang on a second. I live about halfway between
20
the Y at Oak Hill and Dripping Springs, Texas.
21
Q. Okay. What's the address out there where you
22
live?
23
A. 110 Cork Lane, Austin, Texas.
24
Q. I'm sorry?
25
A. Austin, Texas.
Page 5
1
Q. How long have you lived at that address?
2
A. Three and a half years.
3
Q. Where are you from originally, Mr. DeBerry?
4
A. I grew up in Olton, Texas.
5
Q. And where did you graduate high school?
6
A. Olton, Texas.
7
Q. In what year?
8
A. 1996.
9
Q. And then what -- what was your first move after
10
high school? Was it to go to college, or did you enter
11
the workforce?
12
A. I went to college.
13
Q. And where?
14
A. Texas Tech University.
15
Q. Did you graduate?
16
A. I did.
17
Q. From Texas Tech?
18
A. I did.
19
Q. What year?
20
A. 2000.
21
Q. Did you work while you were going to school?
22
A. Yes, sir.
23
Q. Where at?
24
A. I had a few jobs. I worked for the bulk of the
25
time at the Texas Tech Meat Laboratory.
 
c4635592-2565-43ed-ab2c-f862a6ecb5c5
DREW DEBERRY
ROSS REPORTING SERVICES, INC.281-484-0770
3 (Pages 6 to 9)
Page 6
1
Q. Meat, M-e-a-t?
2
A. Yes, sir.
3
Q. Okay.
4
A. I worked at the Texas Tech Meat Laboratory, I
5
worked in the summers for my dad, and I worked for a
6
period of time towards the end of my college career for
7
State Senator Robert Duncan.
8
THE REPORTER: I'm sorry. For who?
9
THE WITNESS: State Senator Robert
10
Duncan.
11
Q. (BY MR. FAIRLESS) When you were working for the
12
Meat Laboratory, were you picking up paychecks from the
13
TDA?
14
A. No, sir.
15
Q. Who -- whose name was on the paychecks that you
16
received?
17
A. I don't even remember if it -- I assume it was
18
Texas Tech University.
19
Q. And then did you go to work immediately upon
20
getting your bachelor's degree, or did you pursue --
21
A. Yes.
22
Q. -- other schooling?
23
A. No. I went to work as soon as I finished.
24
Q. Okay. What degree did you get?
25
A. An agricultural in applied economics.
Page 7
1
Q. And where did you go to work upon graduation
2
in, I'm guessing, May of 2000?
3
A. I don't remember when it was; but somewhere in
4
there, I went to work for the Bush/Cheney
5
2000 Presidential Campaign.
6
Q. Did that have anything to do with the Senator
7
that you were working for?
8
A. No, sir.
9
Q. And the Senator that you were working for, what
10
political party was he?
11
A. Republican.
12
Q. Is he still holding an office for the State of 
13
Texas?
14
A. Yes, sir.
15
Q. And is he still a Senator?
16
A. He is.
17
Q. And what's his name again?
18
A. Robert Duncan.
19
Q. And he's from where?
20
A. Lubbock.
21
Q. He represents the fine folks up there in
22
Lubbock?
23
A. He represents Lubbock. I believe he's from
24
Vernon.
25
Q. And the Bush/Cheney work that you took right
Page 81
after college, did that start, for instance, in June of 
2
2000; or was there any period of unemployment before you
3
entered the workforce?
4
A. I started the day I finished my last -- well,
5
the day after I finished my last class.
6
Q. Was that a position you had to interview for,
7
or was that a position that you get because you know
8
somebody?
9
A. I had to interview for it.
10
MR. LANGLEY: Form.
11
Q. (BY MR. FAIRLESS) And who did you interview
12
with?
13
A. Susan Combs.
14
Q. And Susan Comb's position at the time that you
15
interviewed with her was what?
16
A. She was the National Chairwoman of the
17
Presidential Agriculture effort.
18
Q. And what was your role in the -- in this new
19
 job that you were taking?
20
A. With the Bush campaign?
21
Q. Yes, sir.
22
A. I was the National Agriculture Coalition
23
Director.
24
Q. So straight out of school into the National
25
Agriculture Coalition Director position?
Page 9
1
A. Yes, sir.
2
Q. And was there some sort of agreed term or
3
agreed period of time that you were going to be working
4
for the Bush/Cheney effort?
5
A. Through election.
6
Q. And the election was going to be when?
7
A. November of 2000.
8
Q. Okay. So it was roughly a six month position?
9
A. Roughly.
10
Q. Any promises for future employment if 
11
Bush/Cheney get elected?
12
A. No, sir.
13
Q. So did you take this job as -- well, you tell
14
me, why did you take the job? Was it hopefully to be
15
some sort of springboard into the Texas governmental
16
system?
17
A. No, sir.
18
Q. So why did you take the job? Why did you
19
pursue the job, is a better question.
20
A. Senator Duncan suggested it might be a good fit
21
for my expertise at the time.
22
Q. And what was your expertise?
23
A. I grew up in agriculture, and I developed a
24
passion for public policy while I worked for Senator
25
Duncan.

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