2 TABLE OF CONTENTS WITNESSES-PETITIONER PAGE Brittany Cleveland Direct examination by the Court 5 WITNESSES-RESPONDENT Elliot Carroza-Oyarce Direct examination by the Court 25 Cross examination by Ms. Cleveland via the Court 33 Webster Cleveland Direct examination by the Court 41 EXHIBITS MARKED ADMITTED None 3 Big Rapids, Michigan 1 Thursday, June 21, 2018, at 10:55 a.m. 2 THE COURT: This is the case of Brittany 3 Cleveland v Elliott -- is it Carroza? 4 THE RESPONDENT: Carroza. 5 THE COURT: And we don’t have a Z there. And is 6 it Oyarce? 7 THE RESPONDENT: Oyarce. 8 THE COURT: Oyarce. Sorry, Oyarce. 9 THE RESPONDENT: That’s fine. 10 THE COURT: Mr. Oyarce. Thank you. Case 18 11 024465 PP. And, Ms. Cleveland, would you state your full 12 name, please. 13 THE PETITIONER: Brittany Lacole Cleveland. 14 THE COURT: Thank you. Mr. Oyarce, would you 15 state your full name, please. 16 THE RESPONDENT: Elliot Bastien Carroza-Oyarce. 17 THE COURT: Thank you. 18 And we’re here because Ms. Cleveland is seeking 19 a personal protection order to protect her and it would 20 restrict Mr. Oyarce in certain ways from having contact 21 with Ms. Cleveland. 22 And Ms. Cleveland had filed for a personal 23 protection order previously and I did deny the ex-parte 24 version and then Ms. Cleveland did come in and have a 25 4 hearing and at that time, I didn’t find enough to put, 1 enough evidence, to put a personal protection order in 2 place. 3 Here, Ms. Cleveland has filed a subsequent 4 request for a personal protection order. And did seek the 5 ex-parte kind again without having the other side. But I 6 found this case complicated enough in the facts, unclear 7 enough for me, that I denied it. But certainly, Ms. 8 Cleveland had the right, which she’s exercised to have a 9 hearing where I could hear both sides and maybe figure out 10 much more accurately what’s gone on and whether or not Ms. 11 Cleveland should be granted her request to have a personal 12 protection order restrict the activities of Mr. Oyarce. 13 So, Ms. Cleveland, as we did before, it is going 14 to fall to you to prove to me by a preponderance of the 15 evidence t hat there’s a proper reason to put a personal 16 protection order in place that would restrict Mr. Oyarce 17 and his behavior or interaction with you. 18 And I’m going to allow you to offer some 19 testimony in a limited fashion with my assistance. I might 20 allow Mr. Oyarce to ask some questions of you. Then if 21 Mr. Oyarce wants to testify, he may do so. If he has 22 witnesses, or Ms. Cleveland, if you have witnesses, I will 23 consider allowing those as well besides yourselves. 24 But, Ms. Cleveland, are you ready to offer some 25 5 testimony? 1 THE PETITIONER: Yes. Yes, Your Honor. 2 THE COURT: Let me just verify that you still 3 are seeking the personal protection order; is that 4 correct? 5 PETITIONER: Yes, Your Honor. 6 THE COURT: Okay, come on up, please. 7 Ms. Cleveland, before you’re seated, let’s have 8 you raise your right hand and we’ll have you sworn in by 9 our clerk, please. 10 THE CLERK: Do you swear or affirm to tell the 11 truth, the whole truth, and nothing but the truth so help 12 you God? 13 THE PETITIONER: I do. 14 THE COURT: Please be seated. 15 BRITTANY LACOLE CLEVELAND 16 (At 10:28 a.m., called by and sworn by the 17 Court, testified as follows) 18 DIRECT EXAMINATION 19 BY THE COURT: 20 Q And, Ms. Cleveland, will you state your full name, please. 21 A Brittany Lacole Cleveland. 22 Q And, Ms. Cleveland, tell me why you’re seeking the 23 personal protection order and even things that you 24 might’ve said in the last hearing. You probably need to 25 6 repeat those because we didn’t have Mr. Oyarce here at 1 that time to hear and due process wise he should be able 2 to hear those if he wants to respond to them in some way. 3 A Okay. 4 Q If I rely upon that information. So go ahead. 5 A Okay. I think at the last hearing I mentioned how he was 6 lying about a relationship with me for seven years to his 7 family and to the community that we both belong to. And 8 he was forcing me to keep that lie. Like I asked him 9 multiple times to tell people the truth and I had even 10 told people the truth myself but they didn’t believe me 11 becau se he’s basically a celebrity. So, like, when I 12 would tell people the truth, he would go and lie to them 13 and they would believe him over me. He has sexually 14 assaulted me multiple times. When we were in a 15 relationship together, seven years ago, which I think I 16 went -- I went into detail in that -- in the hearing. 17 Q I don’t recall that. 18 A Okay. He used force against me. I think maybe it was 19 written in the -- in my letter. But -- sorry. I have 20 PTSD from the relationship that I had with him so. He 21 c ouldn’t physically touch -- touch me so we didn’t like 22 have a physical relationship for half of the time that we 23 were together. And he would physically force me to kiss 24 him. Like, if I didn’t want to and he would put his hands 25 7 on my face and hold me and, like, I’m turning and say no. 1 Like, it was so bad. It was, like, a game to him or 2 something and it happened multiple times and I originally 3 didn’t come out about it with my community. But that was 4 because I didn’t think that there were any witnesses. But 5 there was actually a witness to it. And there was, like, 6 another incident in Toronto and I can’t remember who the 7 people were in the car, but I know it was, like, late at 8 night and we were going to, like, the only Taco Bell in 9 Toronto and the car was full and me and him were in the 10 back seat and I was asleep. And he was kissing me while I 11 was asleep and I just, like, I was, like, half awake and I 12 just felt, like, wrong and, like, violated. And I kept 13 saying no over and over again. And he didn’t stop until, 14 like, I woke like completely up. So, like, that was one 15 incident that I remember. But the one where he actually 16 used force with me, that’s happened multiple times and 17 that’s why I was , like, surprised that there weren’t any 18 witnesses. But then there actually was. 19 Q Ms. Cleveland, when was the last time that you would 20 assert that Mr. Oyarce put his hands on each side of your 21 head and held you and then kissed you? 22 A That was when we were in a relationship so it was probably 23 six or seven years ago. But that’s because, like, I’m 24 not, like, I don’t have that kind of contact with him 25 8 anymore. 1 Q So what were the years roughly that you would point out 2 were years that you were a couple or dating in some 3 fashion from your view? 4 A I think it was, like, December 2018 to maybe March of 5 2011. Sorry, 2008 to 2011. Sorry. 6 Q So 2008 to 2011. So that’s about three years. And that 7 was when you were dating? 8 A Yeah. And I wanted to break up a year and a half in and 9 he wouldn’t let me. He would threaten to kill himself. 10 And that’s what he was doing as well when I was asking him 11 to tell people the truth years later. Like, recently. He 12 was threatening to kill himself multiple times. 13 Q So if you’re official relationship ended in 2011, and 14 we’re in the year 2018, so you have not been officially 15 dating for the last seven years; is that correct? 16 A No, Your Honor -- or yes, Your Honor, that’s correct. We 17 haven’t been dating. 18 Q Okay. And so how was it that issues surfaced more 19 recently about your dating and the truth and things like 20 that. How did that come to a head? 21 A I asked him in 2016 when I was at an event to tell people 22 the truth because people were coming up to me and saying 23 stuff to me, like, I was with him. And I wasn’t 24 comfortable with that. And when I approached him and told 25 9 him that, like, he went off on me and was just like you’re 1 ungrateful. You shouldn’t even be here if you’re going to 2 just do that, make, like, make trouble. And which he has 3 also said to me like multiple times. Like, he said this 4 to me, again, told me I can’t come to events that he’s at 5 because he thinks that I’m causing trouble because I want 6 to tell people the truth. 7 Q So let me ask you this, Ms. Cleveland, is part of the 8 issue and remember the fact we had a hearing before, we’ve 9 got to make a new full record here, but is part of the 10 issue or concern that you have is that more recently Mr. 11 Oyarce is still claiming you’re together now or just 12 claiming that you were together back in 2008 through 2011? 13 A He’s telling lies about me on-line and lies about himself 14 as well that make me look, like, that slanders me. 15 Q Such as? 16 A Such as he lied about his suicide attempts. He told 17 everybody they were jokes and they were not jokes. Like I 18 have proof that they’re not jokes. There was another 19 person who he told about his suicidal ideations on the 20 same day that I told people that he verbally made those 21 complaints to me, like, for three hours long. He’s, like, 22 crying in my car and talking about killing himself if 23 people found out that we weren’t together. And he’s 24 gotten on- line and he has 50,000 followers. So he’s told 25 10 all these people this lie and it’s made me look like I was 1 just making stuff up against him and I wasn ’t. And this 2 is what he’s been doing, like, when I was in a 3 relationship with him and this is what he’s been doing 4 when I was not, like, not in a relationship with him. He 5 was, like, trying -- he was threatening to kill himself to 6 get me to not tell peopl e that we weren’t together. 7 Q So when would you say, Ms. Cleveland, was the last time 8 Mr. Oyarce still claimed that you were together? 9 A It would probably be March. But t hat’s because, like, I 10 publically came out and told people that we weren’t 11 together. It got, like, some kind of traction. 12 Otherwise, he wouldn’t have told -- he wouldn’t have told 13 the truth. Because I’ve been asking for two years to tell 14 the truth. 15 Q So is it your claim that he’s been leaving the impression 16 that up to recently y ou’ve still been dating not that it 17 ended seven years ago? 18 A I didn’t read his -- the statement he put out. I just 19 seen the part about the -- about him saying, like, the 20 suicide threats weren’t real and they were just jokes but. 21 So I don’t know if he’s s till claiming that we were 22 together or -- and we just broke up or I don’t know what 23 it is that he told his family because, like, his family 24 has been, like, harassing me on-line. Like calling me a 25 11 bitch and liar and, like, all this other stuff. Even when 1 I block them they keep saying this stuff about me. 2 Q And I know that last time you were testifying about the 3 gaming community, but for the record, this is a new 4 hearing, would you describe what the community is that you 5 are referring to? 6 A The community that I’m referring to is an esports 7 commu nity for Super Smash Brothers. It’s a Nintendo 8 fighting game. And I’ve been a part of the community for 9 ten years. Like, actually I was the one who, like, 10 brought him here to our community so. It’s heartbreakin g 11 that my own community believes his lies over me even 12 though I have, like, so much proof. Like this -- it’s 13 just he’s a celebrity and they don’t want to see him in 14 the negative light. So anything he says, like, they just 15 automatically buy it. But I’ve been a part of the 16 community and I will go to events and I do media and stuff 17 like that and I was networking with people and was 18 supposed to be working on projects with him and I can’t go 19 to events because he’s trying to come into contact with 20 me. So it’s like, if I -- if he’s at an event that I need 21 to go to, like, I’m not protected because this community 22 is not going to stop him from talking to me or harassing 23 me. And he’s -- he’s on Twitter publically asking people 24 if they know illegal ways to steal my account name from 25 12 me. And then telling people he’s going to come into 1 contact with me soon. So that’s why I came back because 2 he was doing, like -- he was getting people to harass me 3 and he was telling people that he was going to come into 4 contact with me. So he does -- he has no regard for, 5 like, my wish to not have any contact with him. If you 6 think -- if I filed a PPO against him he would understand 7 that means don’t come into contact with me. But he’s 8 telling all his 50,000 followers that he’s going to come 9 into physical contact with me soon. And this was, like, 10 May 14 th I didn’t know about it because I had him 11 blocked. But I figured it out because people started just 12 making random comments on, like, pictures of me that had 13 nothing to do with that. Saying, like, stuff about my 14 account and then I was just, like, why are people bringing 15 this up. So I went and, like, looked at his account 16 because you can still view -- like, you can still view it 17 if you choose to and that’s when I saw that he was making 18 tweets about saying, like, does anyone know how I can get 19 my account back. Like, how can I -- how I can steal it is 20 what he said. He was asking if anybody knew anyone who 21 worked at Twitter so he could steal it. And, like, the 22 account is mine. I t’s a new account. The account name is 23 mine because he got rid of it and I asked him if he was 24 cool with just leaving his old account name out there for, 25 13 like, for anybody to take and he didn’t care. So I was 1 just, like, well then I guess, like, I’ll tak e it. But 2 that’s -- is legally mine. And he’s getting people to 3 think that I’m, like, out here trying to do something 4 against him or that, like I took it from him, like, by 5 abusing his trust and I haven’t. 6 Q What does it mean to be part of the community? What kind 7 of activities might that mean? 8 A They host events and, like, a lot of times they’re 9 sponsored and it’s , like, you win, like, a cash prize. 10 But it’s , like, thousands of people, like, they come -- 11 like, people come from Japan. People come from, like, 12 from, like, all over the country and it’s, like, you know 13 these people on- line. You’ve known these people for years 14 so it’s kind of, like, you get to see them again and stuff 15 like that. And it’s not , like, a whole lot of women in 16 the esport community and I know that there have been some 17 people in the community who look up to me and everything 18 and it’s, like, I don’t want to have to, like, leave that 19 behind because there’s no protection for me when I was, 20 like, brave enough to come forward about this because I 21 didn’t want to keep living a lie. Like, I wanted to be 22 able to, like, be honest. Because he’s still, like, 23 trying to come into contact with me. I can’t go to events 24 that I’m supposed to go to. And, like, this is, like, when 25 14 I do, like, thi s is my work. And it’s, like, I can’t do 1 my work. I can’t work with other people, like, because he 2 tells people lies about me so then they don’t want to work 3 with me. And it’s , like, I shouldn’t be treated this way 4 by my community and it’s , like, at the very least if the 5 people who do look up to me, who do want me to come out to 6 events, at the very least I would like to feel safe enough 7 that I could still do that. 8 Q So in summary, what are the several most significant lies 9 that are causing you harm? 10 A Most significant is him lying about this suicide. His 11 lying about -- saying that the suicide was a joke. It was 12 not a joke. He made a suicide -- he told me he was going 13 to kill himself, like, three or four different times. I 14 think, like, which I have, like, screen shots of that. 15 And then he also said it in person. Like, it’s not a joke 16 if you’re crying in my car for three hours. That’s not a 17 joke. And that’s what he’s telling people. So people now 18 think that I just took the screen shots out of context and 19 I didn’t. Like , if I would -- like if I actually went 20 further into the conversation that I had posted, you could 21 see me telling him, like, you’re like, you’re my friend. 22 Suicide is not a joke. You shouldn’t be saying this. And 23 then he’s just saying, like I don’t know. I just feel 24 like I’m going to die in two years. So, like, you could 25 15 tell that it’s not a joke. But this is what he’s telling 1 people because there was no way for him to get out of that 2 lie. That was the only way he could get out of it was by 3 saying it was a joke. 4 Q Yeah, but what have you seen from the community, posters, 5 others that -- 6 A Oh -- 7 Q -- that suggest that you’re being harmed by him saying he 8 was joking and not serious about suicide? 9 A These are people who sent me messages saying that, like, I 10 lie and I was just, like, out to get him and, like, I’m a 11 horrible person. Stuff like that. There was one -- one 12 person who went from a throw away account, which everyone 13 knows a throw away account so I assume he must be, like, 14 somebody who is, like, a top player or something. He 15 messaged me saying something like either Ally was going to 16 -- he has my phone number or Ally gave him my phone number 17 or he’s going to give him my phone number. Sorry Ally is 18 the name that he goes by in the community. Like saying 19 that and then, like, sending me lewd messages and just 20 like why would people even be like -- why would -- it was, 21 like, if I was brave enough to, like, come out and tell 22 the truth, people shouldn’t be treating me that way and 23 because he’s telling these lies I got people who come to 24 me and say, like, why won’t you, like, give him his 25 16 account. You stole it from him. Like every time he makes 1 a tweet about it. And he knows that’s what’s going to 2 happen. You don’t ask somebo dy how can I steal my account 3 from this person without knowing that you’re going to turn 4 those people against her. And have them, like, say stuff 5 to her to try to get your account back. It’s not his 6 account, but to try to get this account name for him. 7 That’s what he’s doing. He’s asking his fans to help him 8 basically hurt me to try and, like, I don’t know. 9 Q Let me ask you this, Ms. Cleveland, how did the issue of 10 suicide even come up again in the community? 11 A This was just in March I came forward so. 12 Q What led you to come forward? 13 A The fact that he wouldn’t tell people the truth. I was 14 just tired of it. He was threatening to kill himself, he 15 was threatening to destroy my property if I told people 16 the truth. 17 Q So he was -- how did it even come up, the topic of suicide 18 at all, in front of others? 19 A That came up because I came out telling people, like, he’s 20 been lying. He’s been, like, abusive to me and, like, this 21 is the stuff, like, that he’s been doing. So, like, I 22 showed them that becaus e I’m , like, this is what he’s been 23 doing. Like this is the reason why I couldn’t tell the 24 truth. This is the reason why this lie has been going on 25 17 for this many years. 1 Q So were you doing that in response to viewing material 2 that suggested he still had a relationship with you? How 3 did it come out? 4 A I was doing it in response to going to an event and people 5 were thinking that we were together and we weren’t. And I 6 think it was even people that we were rooming with that he 7 was lying to. So there was another player who liked me 8 and so because he was lying to people, it made it look 9 like me and that player, like, knew that I was with him 10 but we didn’t care and were just, like, doing this in 11 front of his face so. It, like, not only makes me look 12 bad, it makes this other player look bad too because he’s 13 telling this lie. And I’m just, like, you can’t keep, 14 like, telling people this lie. Like, you have to tell 15 them the truth. I can’t keep hiding. I don’t necessarily 16 like anybody, like, in the community , but it’s just, like, 17 if I did, like, that shouldn’t be a problem. But it is for 18 him. Like he basically went off saying if I had dated 19 anybody in the community he would kill himself. If his 20 family found out, he would kill himself. If the community 21 found out, he would kill himself. This is what, like, he 22 would say to me to try to, like, stop me from telling 23 people the truth. And tell -- 24 Q When was the last time that a comment like that was made 25 18 by Mr. Oyarce? 1 A That was I want to say, like, it was probably this 2 December maybe. But I know he threatened to destroy my 3 property in February. 4 Q What property did he threaten to destroy? 5 A I had made -- I had made, like, Valentine’s Day cards 6 because I was doing, like, a campaign. And the people I 7 had made the stuff for, like, I didn’t like them and I 8 very specifically told them that I did not like them. 9 Like I asked them beforehand, like, are you okay with me 10 doing this. And, like, I’m going to ask you publically, 11 like, do we have -- do you want to be my valentine but 12 just know it’s not, like, real it’s just like publicity. 13 And so I had made a card for one of the players and he was 14 supposed to take it to that player when he saw him in 15 Japan. And so I was telling him, like, he was also 16 supposed to retweet my tweets because he knew about the 17 campaign so he was supposed to promote it because it was 18 promoting him too. And so, like, he had a card and then 19 there was two other -- there were two women who got, like, 20 valentines from me and then the other player who did. And 21 so when I made the post for the player who was male, he 22 didn’t retreat that. He had no problem retweeting the 23 ones that were about women and me saying way more stuff, 24 like, that I was, like, in love with them and stuff like 25 19 that. He had no problem retweeting that. The one that I 1 made to this player that wasn’t even, like, there were no 2 sexual comments or nothing like that or, like, love or 3 anything like that. He refused to put it up. So I was 4 just, like, well if you’re -- like that’s your choice. 5 You don’t have to. I was, like, but if I decided to, 6 like, make some tweets about, you know, basically the fact 7 that we’re not together, then that’s my choice too. And 8 he was, like, don’t be stupid. If you do that, like, I’m 9 just going to throw your stuff in the trash or -- and I’m 10 just, like, why would you say that. Like you know I spent 11 two weeks hand making that. Because I hand made him one 12 too and he had got it, like, when I gave him the other one 13 to give to the player in Japan. So it’s j ust, like, why 14 would you say that? Telling me don’t be stupid. Like 15 I’ll throw it in the trash and, you know, that’s the 16 threats that he makes to me. Like he’s been trying to 17 control me. And he just like -- my mother told him not to 18 come back. Now my mother didn’t want him to come back to 19 the house after he left the first time. So, like, this 20 was the end of April and my brother told him to not come 21 back and he came back to the house. So, like, I couldn’t 22 even stay at my mother’s house. All my stuff was over 23 there. I couldn’t go get it. Like there was no reason 24 for him to stay at my family’s house. He has money. He 25 20 has family. Like this is somebody who was sponsored by 1 one of the top sponsors in the US. Like they make 2 thousands of dollars from just one tournament. He gets 3 paid $1,300.00 a month because he ’s -- because he was 4 sponsored. There’s no way that you don’t have money to 5 get your apartment and there’s no way you don’t know other 6 people in the community who can house you. And he came 7 back. Why, because he was telling people that he was 8 going to come into contact with me. There was no reason 9 for him to be at my house. When we broke up, I did not 10 want him around me. I did not want him at my house. He 11 kept coming around. This is -- he’s still doing the same 12 thing. 13 Q Is he still living there? 14 A Yeah. 15 Q But whose house is it? 16 A It’s my mother’s house. 17 Q Is it an owned house or a rental? 18 A It’s an old farmhouse. 19 Q Yeah, I mean she owns it? 20 A Oh, she owns it, yeah. 21 Q Then if she doesn’t want him there, why is he there? 22 A Because she’s very passive and she’s been abused herself 23 and her sister have been abused. And she makes excuses 24 for people who abuse people. She says, like, she has a 25 21 forgiving heart. So he’s taking advantage of the fact 1 that my father passed away recently and I had moved out 2 around the same time so, like, she didn’t have anyone 3 except for him. And he’s taking advantage of that. He 4 doesn’t pay any bills. He doesn’t -- he just lives there. 5 No rent -- doesn’t pay bills, doesn’t pay rent. She 6 complains to me that all he does is sleep all day and play 7 video games. He doesn’t clean or help out or anything 8 like that. So she doesn’t kick anybody out of her house. 9 Like even if they’re disrespectful. They have to leave on 10 their own even though she told him not to come back. Even 11 though my brother told him not to come back. He came back 12 and she just felt like she couldn’t turn him away because 13 she makes excuses for people because she was abused. 14 Q Okay. Is there anything else you’d like me to know? 15 A When he did come back, he stayed at my -- first he stayed 16 at my cousin’s house and he was telling my 12 year old 17 cousin, like her son, that I was, like, abusive to him and 18 that, like, I was, like trying to get him in trouble and 19 stuff like that. And that he was going to call the cops 20 on me if I didn’t stop. And I guess that’s, like, in 21 regards to me trying to get protection against him. So 22 he’s, like, telling this to a 12 year old. That’s the 23 first thing the 12 year old says to me when he sees me 24 this summer is just, like, hey, are you abusing Elliot 25