02.26.10 Saratoga UOF Reports

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At: 05:48:10Saratoga Springs5 LAKE AVENUESARATOGA SPRINGS,(518)584-1800

Police Department Page: l....~.

NY 12866-. .Entry/cC#: SS-013263-09 Date: 06/10/2009 Time:03:04 Tour: 1 Desk Officer: 1056Call Type ..... :ASSAULTOrig Call Type: AREA CHECK

Priori ty ..:2 How Received , POLICE RADIO

Caller ..... :Bus. Name ..: sesoAddress ....: 6010 COUNTY FARM RDCity/St/Zip: BALLSTON SPA, NY 12020-

Call Back #: (518)885-6761Location of Assignment: PHlLA ST, SARATOGA SPRINGSCross Street :Business Name :Description :Disposi tion ..',' : REPORT INITIATED

Post: 403 Dispatched: y Dispatched Date: 06/10/2009 Call Taker: 1769

OFFICERS INVOLVEDSerial #:1222 Rank:PTL Name:PATRICK JARPElSerial #:2477 Rank:PTL Name:SEAN D O'LEARYSerial #:0452 Rank:PTL Name:DANIEL M MULLAN, JRSerial #:1896 Rank:PTL Name:EDWARD M LEWISSerial #:1230 Rank:SGT Name: SHANE LCROOKSSerial #: 0992 Rank: PTL Name: EDWARD BRAIMSerial #:0774 Rank:SGT Name:JASON MITCHELLSerial #:102 Rank: Name:

nrP oqúfiS J/

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UNIT r S INVOLVEDUnit: 4216· Officers: (1222)Disp. Time: 03:04 I Arv. Time: 03:04 I Comp Time: 03:27Rev t d to Comp: O: 23 :: Disp to Comp: O: 23

Unit: 4209 Officers: (2477)Disp. Time: 03:04 I Arv. Time: 03:11 I Comp Time: 03:29Rcy'd to Comp: 0:25:: Disp to Comp: 0:25

--------------------------------------------------

Unit: 4226,,' Officers: (0452)Disp. Time: I Arv. Time: 03:12 I Camp Time: 03:27RcY'd to Camp: 0:23:: Disp to Camp: 0:23

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Unit: 4213 Officers: (1896)Disp. Time: I Arv. Time: 03:14 I Camp Time: 03:34RCY'd to Camp: 0:30:: Disp to Camp: 0:30

--------------------------------------------------

Unit: 4217 Officers: (1230)Disp. Time: I Arv. Time: 03:14 I Camp Time: 03:27Rcy'd to Camp: 0:23:: Disp to Camp: 0:23

--------------------------------------------------

Unit: 4205.Disp. Time:

--------------------------------------------------Officers: (0992)

I Arv. Time: 03:14 I Camp Time: 03:29

.Ent;r.y:/cc#: SS-013263-09 Date: 06/10/2009 Time: 03:04 Tour:1 Desk Officer: 1056 Page:Rcv'd to Camp: 0:25:: Disp to Camp: 0:25 2..~ --------------------------------------------------

. Unit: 4206 Officers: (0774)

Disp. Time: I Arv. Time: 03:15 I Camp Time: 03:29Rcv'd to Comp: 0:25:: Disp to Camp: 0:25

--------------------------------------------------Unit: E-562 Officers: (102)

Disp. Time: 03:21 I Arv. Time: 03:25 I Camp Time: 03:40Rcv'd to Camp: 0:36:: Disp to Camp: 0:19

Case #ASSOCIATED NUMBERS

:SS-01723-09 Incident Type: ASSAULT

PERSONS INVOLVEDName.......•.. :CECHNICKI, JARED W DOB: Il r

. Address :

City/State/Zip '" nJ'. 11 dsu ri '.FT laPhone Number .. :

Sex ....'" .... :M Race:

Name...•...... :LATHERS, JEREMYM

Address _.::.::::0:1=::.;' ;1•.' City/State/zip:}. ¿1]l}U Pli nra

.Phone Number •• :

D. r l lllC

Sex •..•...•••. :M Race:WHT

Name...•.•.••• :VARIN, LANCEE DOB:I r. L .Address r~t.I••rl•..Irl••·.'11 _•..I.•r~I.~îfiIlllt¡;.••City/state/Zip: .I1UJI"1 ttl '.Phone Number .. :

Mobile Number .. : .Sex..•.... ·...• :M

•- - .... .; - --- :-

Race:WHT

Name.......••. :CEANCE, SEANCAddress :

City/state/Zip: ,Phone Number .• :

Sex ...•........ :

DOB:~

Race:

Name..•...•... :~OLY, KYLE J DOB:

Address.: ..... ?2 1! ~City/State/Zip '!P 11. '1 I'_i 4&.1Phone Number. '. :....... I.Mobile Number. . '

Sex :M Race:WHT

Name :MCARTHUR,ROBERTL DOB:tIIIIIIMt LAddress .......• , .• l I. ,lIlli lßtaCity/State/Zip Dt.Æ(Phone Number.. • 111.111 I aSex····.· ..... :M Race:WHT

- . ---=-~~-_., " -• M • _'.

/.Entry/CC#: SS-013263-09 Date: 06/10/2009 Time: 03:04 Tour: 1 Desk Officer: 1056 Page: 3NJ>...RRATIVE

1769:06/.10/2009 03:07 - CALLER STATES SUBJECT ASSAULTED 'BY SUBJECTS WALKINGBY¡ COMP~_IN]>'~TIS IN A S]>...RATOGAC]>'~ FOLLOWING SUBJECTS

0687:06/10/2009 03:10 - 4226 OFF WITH SUBJECTS COURT/SPRING

1769:06/10/2009 03:12 - 4226 IN FOOT PURSUIT WITH SUBJECTS¡ SPRING ST EASTOF COURT ST 4213 ON SCENE WITH 4226 WITH 4206, 4217

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~'r b"-····;;.- -J:"-_ ....~-- • ...,...........c l"U.:l I .INCIDENT REPORT INY0450100 1 EJ supp ISS-00504-09 Iss-003796-09.• ,~, . 7. Report Day /: 8. Date rReport Time Occurred 110. Day Il1.Date /12. Time Occurred 1,13. Day 114. Date 15. TimeN Tue Feb /17 [2009 19:49 On/From: Tue Feb 11712009 19:49 OnIFrom: Tue Feb 117 [2009 19:49"C 16. Ineident Type 17. Busin,ess Name 18. Wea:pon(s) •:i: SUSJ?ICIOUS ACTIVITY

DOES NOT APPLY A. -D 19. Incident Address(Street NO.,Street Name,Bldg. No.,Apt No.)

120. City,State,lip( Oc DT DY) 21. Location Code24 BENTON DR~R&TOGA SPRINGS 4601 B.E

].\l 22. OFF. NO. LAW' SECTION SUB CL CAT DEG ATT NA.lvlE OF OFFENSE CTS 23. No. of VictimsC.

... l PL 140.15 - lA M 2 O CRIMIN1>.L TRESPASS IH TEE SECOHD 1 1T2

24. No. of SuspectsD.01...

31..

25. Person Type:CO=Complainant o.T=Other PI=Person Interviewed PR=Pe:rson Reporting WI=Witness NI=Not Interviewed VI =Victím 126.Victim also complainant ¡gjyDN~.' E.TYPE/NO NAME(LAST.FIRST.MIDDLRTITLE1 Date of Birth . STREET NO.,STREET NAME,BLDG,NO.,APT.NÖ.,CITY,STATE,ZIP Telephone No.Sp

BUS$.E CV POTOIŒR, EERBERT - F.o'R .-~

,. . ..._. . ~.cSPOTOIŒR, REI>'EE ----,-.,.", o" .... . "' '~ .•, .~

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.. BUSRI

T's OF BROWN, MARCUS A _.RES.È

n BUSr. 4

......

RES ........

27. Date ofBirth_ .128. Age / ~~. oex /jU.ru= r(WIllC ~_:~anQ1cap I"'" J:leslOence etarus .~~emp.J<.es.-.t'orelgn rsat.,- ¡ 79 Œ1MDF WVhite OBIack DOther [JHispanic Dunk. DYes lZIResident []Tourist Student DOther. 1. 00:'öF. >' ••• :"', •.,,"',.. . DU nIndian n.t;sian nunk. ~Non-HiSDanic DNo DCommutern11i1itary' Homeless nUnklNotIndicated...... :..; 34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law DYes ONo .35.Type/No 136.Name(Last,First,MiddIe) /37.AIiaslNiCkoame/Maiden Name(Last,First,MiddIe) 138. Apparent Condition

K4F',..

[JImpairedDrugs OMentaJDis Dunk.. ;~

OImpaired Aleo nIn¡lIII nApp Nonn. L.<::'~

39.Address(Street NO.,Street Name,BIdg.,No., City.,State,lip) 4O.Phone Res: 141. Socia! Security No.'0

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Bus.:M

~.,~

I~i 4'.l. Vate O! .I:l1rtlJ. rj· Age I y..øex . / ):E~e I"":.E.:.muc I "I."Jall 148. Occupation/ / OMDF []White OBI~ck DOther Offispanic [JUnk. DLight ODarlc DUnk. f---nU DIndian nAsIan flunk. r Non-Hisoanic 1FMedium nOther N. --:I 49.Height 50. Weight )l.riaU" 1~:"·.I:!.yes );;. \.;tIasses 54. Build .p;¡.=ployer/"cnool '156. Address

.~-.:.¿]. I DYes DContacts. DSmall DLargeFiNo FlMedium 0;.::~¡i::~, 57. ScarslMarkslTattoosCDescnbe) 58.lÆsc.

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ŒJ.~." ':hi~á¡:.....J:'r~. .I:'~opefty~~t}~ .• ,.::.,'~::'(~r:· ., .:,.:.,. . .... ...... , ' ... '. Model: Serial No.: , : .'DeSeriptioÎ!, '.. . ..... ...•V8Ju~ : 'i::ii. StaiUs :-.,," ',: T'oo.···· . easure" . , :

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v· 60. Vehicle Status 6!. License Plate NoFull 9162

. State . 63. fu:p. Yr. 1 64. Plate T)'jlO / O). ,'alUe e]:g.Partial DT li'

[KJ.......

66. Veh. Yr. 67.Make 68.Model 169. Style lU. Y1.N.y: 1:.. :~~:~t

.,C.'\;:;.~L·

00":'~':;" -L 71. ColorCs) /72. Towed By: 1 ~. Vt:mCle I~Otes,'~:'.;

?~:':,' 'E': To:4. 0839:02/17/2009 t "'" [KJ~~~(. 20:28 - Officer dispatched o .. for a possible home..... '." ... "" ..:;:~.~~~;~invasion where a black male was sleeping in a bedroom. Upon arrival Officer ~JN. Bengston and myself entered the residence. I observed Herbert Potoker sitting·:·.K

B-in the kitchen and he advised us that there was an unknown male sleeping in the 00..¡...;.:..... back bedroom on the right. I drew the taser and Officer Bengston drew hisR:

~

";,::.,.,: service weapon. Upon entering the bedroom I observed a black male sleeping on·A'

,'~r the bed-o I yelled police and the man now known as Marcus Brown began to awaken. 0I He was looking in my direction with the taser pointed at his ches·t Officer.v Bengston advised him to turn on his stoIIÎachwith his hands above his head. [~1··~t· .

E.. Brown did not comply. I advised him. that if he did not comply that he would be I---:;j' tased. At that point I advised him to turn his stomach with his hands above 9on75.Inquiries(Check all that apply).

/76. NYSPIN Message No. r!. Complainant Signature HERBERT POTOlŒR B"'!,s []DMV. lZIwanVWarrant DScofflaw.if=:

use cover':< DCrÏm. HistoIY nSt, , Prnn->rlo, [lOthersheet'~ 78. Reporting Officer Signature(Include Rank) V9

.IDNO 80. Super\~sors Signature(include Rank) ¡8l.IDNO

l85.~. 0839 PTL MULLANPage

;z: 82. Status DOpen ¡Z¡Closed(ifClosed. check box below). OUnfounded 83. Status Dale 84. Notified'TOTof

-~_.[]Viet Refused to Coop. DArrest Wros. Declined D Warrant Advised

2'c.<t; C]CBI D Juv. - No Custody []Arrest-Juv. DOffender Dead. [JE.'d:rad. Declin OUnb:town. Feb

117

12009

Pages

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r -

INCIDEl~T No.: SS-00504-09- - -- -------.-- •• .!:;JC2.Y'=1

,===============================================~================================BLOTTER/CC No.: SS-003796-09

•

==========================================----==================================ADDITIONAL NARRATIVE

his head. Brown complied. He was hand cuffed without incident. Brown wassearched and a military ID was retrieved verifying his identity. When he wokeup he advised officers that he was drinking downtown and that he -received a ride

home. He does not know how he ended up at 24 Benton Dr. Brown as he resides at25 Benton Dr. He stated that he would be more careful next time. HerbertPotoker declined prosecution.

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F ri lted: 02/21/2009At: 04:39:20 Saratoga Springs Police Department

5 LAKE AVENUESARATOGA SPRINGS, NY 12866-(518)584-1800

Page: 1

Entry/CC': SS-004092-09 Date: 02/21/2Ó09 Time:02:24 Tour: 1 Desk Officer: 1230Call Type ..... :UNWANTED GUEST PrioritY ..:3 How Received: TELEPHONECaller ..... : PRESTIGIACOMO, ANDREWBus. Name ..:Address .... : 5 LAKE AVE APT' LT 32City/St/zip: SARATOGA SPRINGS, NY 12866 Call Back .: (518)584-1800Location of Assignment: 9"-11 CAROLINE ST, SARATOGA SPRINGSCross Street :Business Name : BULLPENDescription :Disposition :ROUTINE ,POLICE SERV

Post: 501Dispatched: Y Dispatched Date: 02/21/2009 Call Taker: 0687

OFFICERS INVOLVEDSerial #:3004 Rank:SGT Narne:ANDREW PRESTIGIACOMOSerial ':3041 Rank:PTL Name:ADAM T FRENCHSerial #:1068 Rank:PTL Name:RUSSELL W FADENSerial ':1229 Rank:PTL Name:LLOYD DAVISSerial ':1830 Rank:PTL Narne:ARIANNA E RICHARDS

UNIT'S INVOLVEDUnit: "4206 Officers: (3004) "Disp. Time: 02:24 I Arv. Time: 02:24 I Camp ~ime: 02:32Rcv'd to Camp: 0:08 :":Disp to Comp: 0:08

Unit: 4208 Officers: (3041)"Disp. Time: 02:24 I Arv. Time: 02:26 l Camp Time: 02:32Rcv'd to Comp r- 0:08 :: Disp to Camp: 0:08

--------------------------------------------------

Unit: 4216Disp. Time: IRcv'd to Camp:

--------------------------------------------------O'Ificers: (1068)

Arv. Time: 02:24 I Camp Time: 02:320:08 :: Disp to Camp: 0:08

--------------------------------------------------unit: 4212 "Officers: (1229,1830)Disp. Time: I Arv. Time: 02:30 I Camp Time: 02:32"Rev'd to Comp: O : 08 :: Disp to Camp: O: 08

ASSOCIATED NUMBERS

PERSONS INVOLVEDName .•........ :PRESTIGIACOMO, ANDREW DaB: 1 1Address :5 LAKE AVE APT# LT 32City/State/zip:SARATOGA SPRINGS, NY 12866Phone Number ..:(518)584-1800Sex '" .:M Race:Person Type ... :CALLER

Entry/cc#: SS-004092-09 Date: 02/21/2009 Time: 02: 24.. - ~

Tour: l Desk Officer: 1230 Page: 2Name :RICHARDSON, MATTHEW CAddre,$s..,...•_~ ... _~¡;:City/'Jtate/z_Phone Number ..:Sex :M

DaB: .. " " ..Race·:

NARRATIVE0687:02/21/2009 02:24 - SUBJECT REFUSING TO LEAVE

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15011 INCIDErff'R.Ë,PORT !NY0450100IN 7. Report Day 8. Date r Report Time . Occurred 110. Day ¡,ll.Date ¡;2. Time Occurred ¡:13.Day 114. Date 15. Time

' Sat Apr118

12009 00:59 OnIFrom: Sat Apr 118 12009 00:55 OnIFrom: Sat Apr ,1812009 00:55

c:; , Hl. lhcidtnt Type17.Business Name

18. Weapon(s):r DISPUTE

13A.

b 19. Incident Address(Street No.,Street Name.Bldg. No.,Apt. No.)/20. City,State,Zip( Oc DT DV) 2L Location Code

13 Cl>..ROLINEST. SARATOGA SPRINGS 4601 B-

E

N 22. OFF. NO. I·L<\.W SECTION SUB CL CAT DEG ATT NAL'vlE OF OFFENSE CTS 23. No. of VictimsC.

':.. ' l I,7'2 I

24. No. of Suspects D.

.;¡ . 3 T..25. Person Type:CO=CompIairuintOT=Other PI=Periöri Interviewed PR=PersonReporting WI=Witness NI=Nót Ioterviewed VI =Victim

. 126. Victim also complainant OY[ZINE.

A!TYPEINO . NAAlE<LAST.FIRST.MlDDLE.TITLE1 ' Date OÏBirth

STREETNO.,STREETNl\ME,BLDG,NO.,APT.NO~CITy,STA1E,ZIP Telephone No.

;S P

BUS·.!'lE CA FRENCH, iI.DAM

5 LA1Œ AVE SARATOGA SPRINGS, NY 12866- F.Q,.:Ët

RES. (518)·584-1800C's

J~~~~,.".",.

BUSG.

OT PELLINO, .JUSTIN:Io.. _. ~",

RES.A"

BUS

,NT'S WI HALLOR'lli, JEREMY .3,.

H.RES.

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BUS

D OT AVERY, CRAIG Rl

.:'::::'.

RES .·i: 27. Date of Birth T8. Age1 ~ Mx ílJ.Kace~l. -"-ttuuc I ';_.l1anCUcap l,;,;.K":'lOence etatus Dl emj'iJ<:"es.OForelguNal.I I [JMDF []White OBlack OOtherQHispanic Dunk. DYes QResldent OTourist OStudent OOther.

J.ª . OU nIodian nAsian nunk.nNon-Hisnanic DNa oCommuternl\.filitary nRomeIess nUnklNotIodicated

"':=."

34. Victim DID receive information on Victims Rights and Services pursuant to New York State LawDYes OND

. ""

K

...3S.TypelNo J36.Name(Last,Fitst,Middle)

/37.AliaslNïcknamellYfaidenName(Last,Fitst,Middle) 38. Apparent Condition',.:.

OImpairedDrugs OMental Dis DUnk.;<;~~.

nrmnairedAlco nIoïTIl nApp Nann. L.\.i··fi. 39.Address(Street NO.,StreetName,BIdg.,No., City.,State,Zip)

/4DJ'hone Res: 41. Socia! Security No.''',c

Bus.:M~j:I 4'2.Date at .I:lirtb. r3.Age I ,44. sex r·Kace I '10__.l:!.ttl1l.ic 147. liJan

/48. OccupationI. I []lvIoF []\-Vhite

OBI~ck oOther []Hispanic DUnk. []Light []Dark DUnk.:~~ nu nIndiannAsIan nUnk. r Non-Hispanic InMedium ROther

N. -~~. 49.Height 50. Weight pl.l1air r-·EYes ¡J3. Grasses 54.Build 1:55.Employer7SC!iOor156. Address

I·· ', C. I ~es oContacts. Rt~ll OLarge

GJkiT No edium57. ScarsllYfar!c;tTattoos(Descnbe)S8.lvIisc.

erg::, ::>!:J. V1Ctim or "-:j:Topeny 'Wopeny QUantrty/. .. lVl!1Ke or· .. . .."!' "-~ .. •. ;·· ..... M.: .. ..

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Os~'èdN~:':..: ·Status· '.". . :·Tvo'è· :Measure. :··;·~·TvDe.·,· .Model ,.' selia¡ No. :. , 'Descripi:iö.i:;,.:;.....:. Value'

:: ..

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LJ. ¡.'";'fâ:;:

8ii·I·ä, Y':. 60. Vehicle Status 61.License Plate No.

Full 9/62. State 63. Exp. Yr./ 64. Plate Type 65. Value D'i\; li:.

Partial O":. }!:: 66. Veb..Yr. 67.Make¡68.Model 169. Style Tf.YlN. [KJ

y:,: ":I ..l.I··

-i;;,?', .:.C,·

00,,:.:-'

.L" 71. ColorCs) /72 T9wedBy: , Ih. '1elllc[eNotes:":".i¡:..:. :ri

To::.¡ ..':

fX]0'0' 74.

0832:04/18/2009 02:42 Reporting Officer observed~.S:;~;,: - on Caroline Street when I a: /,: outside the bar 13 Caroline Thirteen. in the [Xl

commotion at Street known as I was.N area Qf the Bullpen when I observed a white male wearing a white shirt (later~ identified as Jeffrey Eckert) J::U., from the middle of Caroline street towards the fX].;

Rdoorway of the Bullpen. Another white male (later identified Pellino) who

.Ras

~

'i." was wearing a dark colored shirt was standing in front of the Bullpen. I,.T observed Eckert swing first and begin the alte~cation the street. I next 0

on,'i,:·.

Pellina bacle.f. observed swing and both parties where swinging at eac~ other. I got

~

'V between the' two parties and yelled "Police" several times. Other persons were",'.

E. also attempting to break up the fight. Ptl. French was on Scene and other people r---.;...

8walked Eckert over to the south side of Caroline Street while I kept Pellino on

...

¡.ur 75.Ioc¡uiries(Check all that apply).76. NYSPlNMessage No. /77. Complainant Signature

·n.2:.' ODMV. ~WantlWarr";t

R~cofflaw

us,e cover

~.OCrim HistoI}' ñStolen PmDertv Other

sheet.

~t. V9.ID No80. Supervisor's Siguature(incIude Rank) ¡8l.IDNO

're; 78. Reporting Officer Signature(Ioclude Ranlc)

l

~.~

85.

~ 0832 l?TLCARTER

Page

~. 82. Status ŒjOpen DClos.od(ifClosed, check box below). DUnfounded 83. Status Date 84. NotifiedITOToí

-:;¡;:DVict Refused to Coop. DArrest []Pros. Declined OWarrantAdvised

3

!5'

118

-'i: DCBI D Juv .• No Custody DArrest-Juv. DOffender Dead. [JExtrnd. Declin DUnknown J>.pr12009

Pages

-",.-6.: SS-Oll16-09

INCIDENT REPORT (continuation page)...,ß - - ----- ....,'C:~-c:..!.. WUId.U. t,... Page 2 of 3

.~~==========================================================================BLOTTER/CC NO.:SS-OP8637-09

================================================================================ADDITIONAL NARRATIVE

the north side. Several other Officers arrived on the scene and PtI. French wasback to assist with Pellino who was still acting aggressive. PtI. French

displayed a Taser and ordered Pellino to calm down several times in which he dideventually. I then asked Pellino for his Id and to come to the station for a

voluntary statement. I explained to Pellino that he was not under arrest and Iwished to secure a statement from him. I observed blqod on my left and rightarms, watch, hands and uniform shirt. I used the Vioxx product on the street toclean off the biood from my skin. I then transported Pellina to the stationwhere I secured the attached statement. I further cleaned blood off of my person

by using hot water and soap. During Pellino's statement 4e stated that he wasinvolved in an altercation inside Thirteen with his ex-girlfriends new bOYfriend

known to him as "Jeff" (-Eckert). Bar staff ejected both Pellino and Eckert outto the street. Reporting Officer responded to the Emergency room in an effort to

interview Eckert. Eckert was being treated and was apparently under theinfluence of alcohol. I spoke with his mother and provided her with informationto contact Reporting Office'r tomorrow. I then went to another hospital roomwhere I was informed Craig Avery had received an injury while attempting tobreak up' the fight. Avery explained that while he was breaking up the fight hehad dislocated his right shoulder. Avery was unable.to positively identify whohad hurt his shoulder. Avery did not seem interested in pursuing any sort ofcriminal complaint àgainst anyone. I left the Emergency Roøm and went toThirteen to observe the video tape surveillance that the bar has. I was broughtto the office by the manager who rewound the tapes and Ptl. French and Iobserved the altercation inside the bar. It appears that Pellina was the initiål

aggressor and.had come after Eckert inside the bar until bouncers arrived andejected both parties from the premises. I then observed the outside camera inwhich Eckert is visible running towards Pellina but the fight is outside camera-view. I asked the manager if he was able to secure the video tapes and he stated

that he would attempt to do so and contact Reporting Officer if.he is able to.Investigation pending.

~===============================================================================ADDITIONAL ASSOCIATED PERSON(s)

.Name: JEFFERY T ECKERT Address: "3." II!£~£••• --- •• I••• 7i111_III"'_Home Phone: Business Phone ..:DOB :l1l•••••. Age : 26 Sex :M

--------------------------------------------------------------------------------Race:WHT Type: OT

Name:DY;LAN~~J::MU::RP~H.Y~A~ddress: CllllllllllllEIIII ..... -Home Phone: ~ Business Phone ..:DOB : " Age : 23 Sex :M Race:WHT Type: OT-----------------------------------------------.---------------------------------

J HALLORAN Address:Business Phone .. :Age : 23 Sex :M

Name: ZACHERYHome Phone:DOB ... :......

Race:WHT Type: OT--------------------------------------~-----------------------------------------Name:ADAM R HA1LOR~ Address:Home Phone: Business Phone .. :DOB :J & Age : 21 Sex· :M Race:WHT Type: OT

Name: KARA A BRUNOHome Phone:

------------------------.------------------------------------------------:_--------Address: ~ ..S...... £ ..... J .. ¡.......

Business Phone .. :j.

~F~n~ea:04/18/2009

INCIDENT No.: S8-01116-09

Saratoga Springs Police DepartmentINCIDEÑ:r REPORT (continuation page) Page 3 of 3~ "

DOB···, .... n•• BLOTTER/CC 170.':S8-008637-09

--------------------------------------------------------------------------------Age : 22 Sex····· :F Race:WHT Type: OT

Name:SCOTT C TOWNSEND Address:.n.... S••• ¿ ••• t •• I_ .• II.¿•• a•• a••• a.Rome Phone: Business Phone .. : ".DOB .•• :'••• 1_ ••..••. Age : 25 Sex :M

Race:~1HT Type: OT--------------------------------------------------------------------------------

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Printed: 04/18/2009

Officer Rank/Name: PTL ADAM FRENCH"'

CASE SUPPLEHENT.AL NARRATIVE REPORTNarrat.:!:ve#: l Page: 1

pepartment: Saratoga Springs Police DepartmentDD Number : Case Number.: SS-01116-09Blotter/cC #: SS-008637-09

3041:04/18/2009 05:16 ~ Reporting officer was travelling east on Caroline Street whenI observed a commotion outside of 13 Caroline Street. I notifie~ dispatch of thesituation and exited 4212. I observed several subjects pulling a white male,lateridentified a"sJEFFERY T. ECKERT," who had multiple lacerations to his face" acrossCaroline Street and sat him down on the sidewalk in front of Desperate Annie's. Inotified dispatch that Eckert would n"eed an ambulance in order to be trea"ted for hisinjuries. I then walked across the street and assisted PtI. Carter with a white male,later identified as JUSTIN PELLINO, who was involved in "the fight. Pellino was actingaggressively toward myself and PtI. Carter. Pellino would not comply with officerscommands to calm down. .At that point, I un-holstered my taser and told Pellino if herefused to ea.Lm down"he would be tased. Pellino looked down and saw the "red-beam" onhis chest and calmed down immediately. I holstered my taser and went over to Eckertand waited for EMS to arrive. EMS arrived and transported Eckert to Saratoga SpringsHospital ER. Sgt. Tetu arrived on scene and requested I identify all partiesinvolved. I then went with PtI. Carter to 13 Caroline and watched the surveillancetapes regarding how the fight started.

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~~~~~U~~ ~pr~ngs Police DepartmentINCIDENT REPORT (continuation page) Page 2 of 2

INCIDENT No.: SS-0172à-09• BLOTTER!CCNo.:SS-013244_09=~==============================================================================ADDITIONAL OFFENSES{s)

================================================================================Off #ILaWISectionlSubdiVICLleatlDeglAttl Name of Offense-------------------------------------------------------------------------------- letsl

41PL I 120.051-2ID IF I 2 I O lASSAULT IN THE SECOND DEGREE!PREVENI l I

~~~ Narrative #:.,.:r..:.

~cer Rank/Name: PTL STE~l E RESIDE

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~èpartment: Saratoga Springs Police DepartmentDD Number : Case Number.: 55-01720-09

Blotter/CC #: SS-013244-091828:06/09/2009 23:09 - Repoting officer dispatched to 42C Allen Dr. for a reportedactive physical domestic. On arrival I proceeded to the rear of 42 Allen Dr. when Iencountered CERISSY MAKI who "vas crying and stated "he is taking off out back ", WithChrissy Maki was a white male later identified as STEV~N SHEVLIN. Shevlin hadswelling and what appeared to be bruising next to his ri~ht eye. I asked Shevlin whathappened. Shaevlin pointed to a white male later identified as MICHAEL ~~I that waswalking west just past the tree line behind 42 Allen Dr. at the edge of an open field.Shevlin then stated "he just did this to me". I walked toward Maki and shouted forhim to stop and he 'took off running west through the, open field. I shouted to MichaelMaki, that he was under arrest and a brief foot pursuit ensued. During the footpursuit, 1 shouted at Maki to stop running or he would be tasered. I pulled taser 10out of the holster, powered the taser on and drew the taser at the middle of Maki's

'back. The distance to Maki was too great for taser deployment. Maki continued to runfor approximately another 10-15 seconds. Maki then stopped running and I threw him tothe ground. I re-holstered my taser in order to handcuff Maki. Maki got up on hisknees. Maki reached for the front of his waistband at which time I drew my firearmand drew down on him. I ordered maki to lie on the ground and put his hands out tohis side. Maki, still on his knees, put his hands behind his back. I pushed Makiforward and he fell forward onto the grass. Maki put his hands out to the side. 'WhenMaki was in the proned position, I re-holstered my firearm. I handcuffed Maki andtook him into custody without further incid~nt. I transferred custody of Maki to PTLCarter and PTL Nolan for transport to HQ. Maki had a small cut at the outer corner ofhis left eye caused during the physical altercation with STEVEN SHEVLIN. See attached

'710-30. At HQ, Maki was processed, fingerprinted 'and celled to be arraigned in CityCourt at 09:00 an 06/10/2009.

Signature

D.O. : , Sqd. Superv. : c.a. :

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DIXON, PAUL S

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"·2833,01/15/2009 22,33 - Reporting Offiber was advised over police radio of a r~r--v-e-h-i-c-l-e-p-u-r-s-u-i-t-h-e-a-d-i-n-g--i-n-t-o--t-h-e-c-~-'t-y--f-r-o-m-t-h-e-a-r-e-a-o-f-R-o-u-t-e-.g-a""'n-d-N-O-r-t-h-e-r-n---------. ...:r....;...",..l,.:.'' ..',':;....,.

Pines Road by the Saratoga County Sheriff's Department. I ~esponded to the_

7l. Color(s)

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Broadway south bound and then left on Grove St. continuing back north bound. . ;Traffic at the time was very light and the motorcycle had.slowed to r.::-i~

.I__ a..::p..::p_r_o_x__~·m_a_t_e_1_y,,--_4_0_-_5__o_m..::p_h_w_h_i_l_e_o_n__ c_i_t...:;y,--s_t_r_e_e_t_s__ t_h_a_t_I__ f_O_l_l_o_w_e_d_h_~_'m__o_n_.__ I__ t_u_r_n_e_d -t1~.l.~..,:'.':around on Broadway and began to follow 4154 as a secondary unit in the pursuit.

;i1~and the' Saratoga Hilton parking lot. The motorcycle began to slow in the area

The motorcycle then turned north bound on Maple Ave. p~ssing the City Center

~!!~E:::k~~::~:~,OSo'~~w76NYSP",M.""N.. H_ ••~"~.-£i]t:: 78. ReportingOfficer Signature(lnclude Rank) 79.lD J'la 80. ~upervisor'sßignatur!fin;:lude Ra~k) 81. ID No 85. l.

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°

",> Prj;:ited:07/16/2009 , Saratoga Springs Police DepartmentINCIDENT REPORT (continuation page) Page 2 of 2

IINCIDENT ,No.: S8-02148-09

=========================~======================================================BLOTTER/CC No.: 8S-016602-09

~~DITIONAL N~-~RATIVE================================================================================of the Old Bryan Inn and turned into the driveway of 135 Maple Ave. Themotorcycle then went behind a parked Trailblazer and the operator stopped themotorcycle.At this 'point I exited my patrol vehicle and assisted Deputy cicardi as we had

to wrestle the operator of the motorcycle to the. ground. The qperator, PAULDIXON, refused to place his hands behind his back while on the ground andattempted to place them under his chest. During ,this a male approximately 18years of age came onto the front porch and started to come towards me", Iremoved Tazer 6 from its holster and placed the'red,aiming dot squarely on hischèst and advised,him that if he came any closer or attempt to interfere I would

deploy the Tazer, At this the male complied' and walked back onto 'the frontporch of the residence. X then advised Dixon that he would be Tazered if he didnot comply and he then placed his hands behind his back and was placed intohandcuffs. Dixon was placed into 4154, and transported to SCSD .

. ... _.'-'~'" - - .. ~.

Lll~CU. LVfL¿f¿VV~ Saratoga Springs Police Departwent5 LAKE A~UE

SA..~TOGA SPRINGS I NY 12866-(518)584-1800' +

1Page:) ft,A''1i'f.lJ

--1 fç ') ~~ í:> '-161f}J S (/Ns-

At: 09:19:01

Entry/CC#: SS-024940-09 Date:10/0S/2009 Time: 15:26 Tour: 2 Desk Officer: 3005Call Type ..... :SUSPICIOUS PERSON PrioritY":3 How Received: TELEPHONECaller ..... : GORH..2U'.!,BILL SBus. Name ..:Addres s .... :t":__ I_:__ !II:.;"I~CitY/St/ZiP:d~'T _. _mª"_t &. L Call Back #:.1.lll6JU.'.Location of Assignment:3 THOROUGHBRED DRIVE, SARATOa~ SPRINGSCross street :Business Name :Description :Disposition········ :ROUTlNE POLICE SERV

Post: 206 Dispatched: y Dispatched Date: 10/08/2009 Call Taker: 303S

OFFICERS INVOLVEDSerial #:1573 Rank:PTL Name:AD~I P BAKERSerial #:2479 Rank:PTL Name':SCOTT JOHNSON

.Serial #:2226 Rank:INV Name: JAMES A BELLSerial #:1702 Rank:PTL Name:JOHN P GUZEK

UNIT r S INVOLVEDUnit: 4216 Officers: (1573)Disp. Time: 15:26 1 Arv. Time: 15:32 1 Comp Time: 15:42Rcv'd to Comp: 0:16:: Disp to Comp: 0:16

--------------------------------------------------Unit: 4207 Officers: (2479)Disp. Time: 15:26 1 Arv. Time: 15:32 1 Comp Time: 15:42Rcv'd to Comp: 0:16:: Disp to Comp: 0:16

--------------------------------------------------Unit: 4236 Officers: (2226)Disp. Time: 15:34 1 Arv. Time: 15:341 Comp Time: 15:42Rcv'd to Comp: '0:16 :: Disp to Comp: 0:08

--------------------------------------------------Unit: 4213 Officers: (1702)Disp. Time: 15:34 1 Arv ..Time: 15:34 1 Comp Time: 15:42Rev' d to 'Comp: O:16 :: Disp to Comp: O:08

ASSOCIATED NUMBERS

Name :GORHAM, BILL S.Address .City/state/Zip~Phone Number ..: _Sex ... o •• ••• •• :M Race:WHTPerson Type ... :CALLER

PERSONS INVOLVEDDOB: L .....a

; .1 iL&

.~p1:r:r!CCtt:S8-024940-09 Date: 10/08/2009 Time: 15:26 Tour:Name :SHE~i, MELINDA M DaB . "~-I~-~,~~~~~~~~~~~~~~~~~~--Address .•City/State/Zip _ æ 7 IPhone Number ..:Sex··· :F Race:WHTPerson Type :PERSON INTERVIEWED

2 Desk Officer: 3005 Page: 2-- ---~-~-

- >

- ..... _-~ --,..----

Name :SHERMAN, JUSTIN JAddress .

City/State/Zip: :====••.Phone Number ..:"ULIMobile Number ..Sex :M Race:WHTPerson Type :PERSON INTERVIEWED

Da

Name ::HACMILLAN, LAURA MAddress.. .... !1 C. I 2City/State/Zip: dL aPhone Number. "=I====~Mobile Number.1 . II j Qi .'Sex·· :F Race:WHTPerson Ty~e :PERSON INTERVIEWED

DaB='-'• SL 1

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NARRATIVE3038:10/08/2009 15:26 - CALLER STATES 2 SUBJECTS .HANGING OUT IN THE TREELINE BEHIND HIS HOUSE HAS ASKED THEM TO MOVE ALONG AND THEY HAVE RETURNED3038:10/08/2009 15:31 - OFFICER ADVISES p_~ PROPERTY THEY DO NOT HAVE AOFFICER CLOSE ENOUGH TO HANDLE3038:10/08/2009 15:43 ~ PARTIES ADVISED TO STAY OFF STATE PROPERTY

'.,

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USE OF FORCE REPORTDate of / Time:1318 BIt #991-09 Case #144-09 Arrest # I Control #.Occurrence: 01/14/2008

2.00' q '-0"2-IncidentLocation: Madison StName of suspect:

DO ~._. IRace:w I Sex:mGlen K GausewitzAddress: .. .~_ ..

'-0-'- - --telephone #

Reporting Officer:Ptl A BenwareID #2732 /. Assigrunent:2

Witness NameWitness addre§§.

Telephone#Frank J Margan I .11.1.11 Ir I. __I...-- - ~-" +.'.

".0-'

Other O(ficers at scene ID# Officer iniureâ before or after force? brieflv describe iniurvPtl G Barrett 0576 NO

Describe suspect injuries prior to and after force was used:. Numerous Abraísíons and Cuts

Did suspect require medical treatment? X Yes Medical X EMS O Other - (add inDNa treatment §i1'Hospital narrative)providers:Name o[attending medical providersAddress o[medical treatment provider

Phone#Deborah Price, RNSaratoga Hospital .

Suspect taken toHospital X AdmittedHospital by: Saratoga EMSAction: O Treated and releasedSuspect's condition at time afforce: O Appeared normal

O Refused treatment - (see below)O Had been drinkingO Oilier - (describe in narrative)O Intoxicated by alcoholic beverage

List Investigator(s) assigned, if any: O Under influence of drugsX EmotionallylMenta).lY disturbedO Oilier (explain in narrative)

signature of witness to refusal

XPhoto's DDiagram On sceneO Statements O Other Supervisores): Sgt T MitchellWas suspect arrested? DYes Investigating supervísonsj assigned:(attach copy arrest report) X NoRepOrtin~ .r's signature: I Approved by: --,-0-', . ~rÇ:'.t-t ./ , . 'I'j,¿, ~ . >~J -""'-''J ~ ~___

Form - SSPD-20.1

Part I (Reporting officer incident report)

Page _:1._ of It; pages

- - - - -

,

l, ~----~------IL--~ J

Fonn - SSPD-20.1

Page 3_ of Ir; pages ,

Reporting Officer's Narrative I Describe in detail all actions by the subject (by words or conduct) a~d your reaction(Use additional forms ifnecessary) / level of response to protect yourself / others and/or control the subject.

Type afforce used: O Physical O Canine O Chemical O Impact X Tazer O Fireannlother gun

____ Reporting Officer dispatched to Crescent St for a report of a male in his underwear running through yards and

that he was bleeding. Officer Barrett arrived on scene first and confronted the subject, later identified as Gausewitz, who

was.híghïy agitated and combative. Gausewitz began to ran up Madison St in an attempt to escape apprehension.

Gausewitz tumed in an aggressive manner and began to charge at Officer Barrett. Reporting Officer gave a taser warning

t'Vice to Gausewitz who ignored same. Officer fired the taser and momentarily incapacitated Gausewitz, As Officer Barrett

was attempting to place Gausewitz in handcuffs, Gausewitz became combative again and Officer initiated a second cycle on

the taser, enabling Officer Barrett to place him into the handcuffs. Gausewitz was screaming and was completely

incoherent. Gausewitz was transported to Saratoga Hospital by EMS. Gausewitz continued his erratic behavior while at the

Emergency Room. Officer spoke to Gausewitz's father, a Karl Gausewitz, who advised that his son suffers from

psychofrenia and bi-polar disorder. Gausewitz. was turned over to hospital security for admittance to

MHU. ~-- ~ __

Form - SSPD-20.1

Page _'lJ __ of /f$ pages"

Routing: Reporting officer forward to investigating supervisor ¡,.

Officers signature: /~¿;.:'V--' IDate: !..¡if.' (rf

/1 ..4

Form - SSPD-20.1Page _L~ of ~pages

USE OFFORCE REPORT Part II-A (Incident Investigation)Narrative of: D Investigator %Witness Police Officer D Other:Reporting Officer approached Gausewitz to restrain him for his own safety when he got up from the ground,

pushed away, and ran down Madison Street weaving in and out of traffic, potentially causing hann to himself andothers. Myself and Officer Benware pursued Gausewitz and when we caught up to him Officers gave verbalcommands for him to get down on the ground. Gausewitz did not respond to the commands; he was actingaggressively and he began flailing his arms as we attempted to approach him Officer Benware then gave twoseparate commands for him to get on the ground. Gausewitz then lunged at this Officer and Officer Benwaredeployed the taser striking Gausewitz in the chest. Reporting Officer was not able to handcuff Gausewitz for hissafety and Officers' safety. Gausewitz continued to struggle with Officers so Officer Benware engaged a secondcycle of the taser on Gausewitz, at which point he became compliant and then was handcuff for Iris safety andOfficers' safety. ,

-

Fonn - SSPD-20.1Page' lP of'. iCl pages. -.-- 'J __ b

c;

Officers signature: .#":'::7/ t:J//',/ .¿-'/'; .~- ~.-/ ¿:,.-~ 1Date: -:-> § / /?T-

'r. / •Routmg: Reporting officer forward to mvestígatíng supervisor

Fonn - SSPD-20.1Page ~ of ~ pages

USE OF FORCE REPORT Part II-B (IncidentInvestigation)Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witness

statements and medical reports, if any. Describe all evidence secured011 separate sheet of paper if and its storage location.(continue

necessary)

___ Reporting Sergeant responded to a call of a suspicious male who was outside of the the residence at 90 Cresecent

St. _Dispatch had advised that the male was not wearing a shirt and that he was bleeding. While enroute to the location,

Dispatch further advised that the male had just taken off his pants and was running down Crescent st towards Jefferson St.

The outside temperature at the time of the incident was approximately 10 degrees. Ptl Barrett responded to the call. While

enroute to the location Iheard Ptl Barrett radio that he had located the male (later identified as Glen Gausewitz) at the

intersection of Cresecent st and Madison St. Ptl Barrett then advised Dispatch that EMS should stage in the area as

Gausewitz was being uncooperative. I then heard PtI Benware radio that he had arrived on scene with Ptl Barrett. Ptl

Prestigiacomo and Ptl Sartin arriived on scene a short time later. Upon my arrival 011 scene, EMS personnel were treating

Gausewitz inside an ambulance. Ptl Barrett approached me and advised me that Ptl Benware had to deploy the taser on

Gausewitz. Ptl Barrett stated that when he arrived on scene he saw that Gausewitz was bleeding and that he was only

wearing a pair of boxer shorts. Ptl Barrett attempted to talk to Gausewitz but Gausewitz was acting irrational and being

uncooperative and attempted to run away from him. Gausewitz ran up a snowbank and then fell down into the street. Ptl

Barrett again attempted to talk to him. As PtI Barrett approached him in an attempt to restain him for his own safety,

Gausewitz again ran away. PtI Barret followed him and waited until PtI Benware arrived before again trying to approach

Gausewtiz. Upon Ptl Benware's arrival both PtI Barrett and Ptl Benware again tried to approach Gausewitz to offer him

assistance. PtI Barrett advises that he and PtI Benware gave verbal commands for Gausewitz to get down on the ground.

Gausewitz ignored their commands and charged in an aggressive manner towards Ptl Barrett. Ptl Benware gave verbal

commands to Gausewitz stating that he would deploy the taser if Gausewitz did not comply with his commands and stop

his aggressive actions. Ptl Barrett advises that Gausewitz did not comply and Ptl Benware deployed the taser which madecontact with Gausewitz.

I interviewed Ptl Benware who advised that upon his arrival on the scene both he and PtI Barrett gave verbal

commands to Gausewitz to get on the ground as Gausewitz was acting in an agitated manner aD:dwas screaming, Ptl

Benware advises that when Ptl Barrett approached Gausewitz, Gausewitz became combative and lunged at Ptl Barrett. PtI

Benware advises that he gave verbal taser warnings to Gausewitz but that Gausewitz continued his aggressive actions

towards Ptl Barrett. PtI Benware advises that he deployed the taser which made contact with Gausewitz. The taser initially

incapacitated Gausewitz so that Ptl Barrett could attempt to handcuff him. PtI Benware advises that Gausewitz then

became combative prior to being handcuffed and he initaited a second cycle of the taser which allowed PtI Barrett to

handcuff Gausewitz. Gausewitz was then treated by EMS and transported to Saratoga Hospital where he continued.screaming incoherently.

Ialso interviewed PtI Sartin who had followed the mnbulance from the scene to the hospital. Ptl Sartin

advises that Gausewitz was still actirig in an irrational manner while being treated at the hospital.

Fonn - SSPD-20.1r). ,. .,

Page ~ of _'_¡;_ pages

While on scene I was appoached by a witness, Frank Margan, who resides at iF U d St. Mr. Margan

advises that he saw the incident from his window. He first saw Gausewitz standing in the street only wearing a pair of

shorts. He noticed that he was bleeding. He then saw PtI Barret arrive and attempt to assist Gausewitz. He saw that

Gausewitz was shaking his head "No" and would not cooperate with PtI Barrett. He could see that Gausewitz was not

acting rational. Mr Margan then saw Gausewitz run away from PtI Barrett by nmning up a snow bank and then falling into

the street. Mr. Margan stated that Gausewitz then began moving his arms in a manner that looked like he was "making

snow angels". Mr. Margan stated that Gausewitz then ran down the street and PtI Barrett slowly followed him in his

patrol car. He advised that he then saw PtI Benware arrive and saw that both officers tried to assist Gausewitz. He saw that

Gausewitz was extreemly uncooperative and was flailing his arms as the officers tried to approach him. He then saw Ptl

Benware extend his right arm (he did not see what he had in his hand) and saw Gausewitz stop and begin to slowly fall

backwards towards Ptl Barrett. He advised that tile officers then immediately assisted EMS by pJacing Gausewitz on a

backboard and then on a stretcher. Mr. Margan stated that he thought that the officers acted extremley professional intheir handling of tile incident. I secured a written statement from Mr. Margan.

Ptl Benware secured the spent taser cartridge, packaged same as evidence and pJaced it in Evidence locker atPolice HQ.

InI' Lewis responded to the hospital and secured photographs of Gausewitz.

Reporting Sergeant secured a pair of bloodstained khaki colored pants from the roadway on Crescent St. These

pants are believed to belong to Gausewitz and were secured in Evidence Locker #12 at Police HQ.

Reporting Sergeant reviewed the officers actions and found that the amount of force used to control the situation

is in compliance with tile Departments Use of Force and Electronic Control Weapons policies.

Reporting supervisor's ..rank & signature: 5:; \ '~ ~~ Date:

i-J-l7....,.,}

Routing: Investigating supervisor forward all associated reports to Assistant Chief of Police (Training Unit)

Fonn - SSPD-20.1Page ~ of t o pages

USE OF FORCE REPORT Part lIT (Training / Command Review)

Training Unit Recommendations (continue on separate page ifnecesscIlY)\ ,.... ~~' .. - ....._.

,.. .. -

' ....~..~'-..~~.•!!!!!

.- , . -._.; ..•. ...•.!'-----i

. -,." -··,- ......~....'-··.A.w....t'-

Date:Trainers signature: Signature of Assistant Chief of Police:

~'---Date:

"- z.z-o l'f ' ¡-Jd.-

D General training deficiency identified / addressedD Officer was counseled and retrainedDDisciplinary action has been commencedD Other:

Review/Recommendations by Command Supervisor: (continue 011 separate page ifnecessary)

1S.1-Seö tl}J i-.JJe~,"\" ' tt-:J¡ ~ y- j\,{" fl-Le.. U. ,~ u~ 1k~~~...I~C.13¡4)í;..t t.~ "

, ,. ¡.. ~ '~i1.,~ t¡). " ' ~N c..t.¿,t., ..JoVl~'~ LB.. ,~ ..'vIP 'il -'~.. ~-í\~,. ? 't ro S'è .~ w; , . . ':AJ ¡¡vw ç ~nv{- Cuj¡¡"."'/k.4N:0

t'\A e.:::M1.- M 1.90. c.~ ~j' C'i.J,;.;.éL •

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L=> I II 1\1\ ~ JAt~ ~ :t zUU::J \\ u «, \(

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Signature of Command Supervisor: Date:Signature of Chief of Police: . I' liam C 2 2009?Lx.~,[~.____ SAP~A.!:~~~,~~~~',·s

-~---" ..........?.~ ~D ~i t-za ..-I) o,Command Supervisor Recommendation: check all that apply Final Disposition: check all t a appy-'-- --, ,.D Continue Investigation -- TOT: D Closed by Investigation / appropriate force used

"RCB! -appropriate use afforceD Training deficiency notedD Counsel/Retrain OfficerD Policy failure noted

D Formal Review BoardD Disciplinary ActionDOther:

Routing: Training Unit; to Command Level Supervisor; ·to Chief of Police,

Form - SSPD-20.1Page J(j) of ~{)r pages

r

I

Saratoga SpringsPOLICE DEPARTMENT USE OF FORCE REPORT

Instructions: Complete this form for all reportable use of force incidents, as defined in the operations manual under theGeneral Orders, Section 20.7 - Reporting Use of Force Incidents.

Reporting Officer involved in force transaction:

I, Complete Part I, using a separate report form for each person you are documenting a reportable use of force incident on.2. Leave the control number blank. This number will be assigned by the Chief of Police.

3. List additional witnesses, officers, or any other information requested in your narrative if there is not enough room tocapture that information in the space provided.

4. If suspect refuses medical treatment, request the EMT, hospital staff or other medical personnel present to sign as awitness to refusal of treatment on the reverse side of this form.~

5. Attach a copy of the department computer generated arrest report, if the suspect was arrested. Also attach informationabout the suspects prior criminal record, if any.

6. Use the checklist below to assist you in completion of the narrative portion of your report.O Describe the physical traits of every suspect (age, sex, size, etc.)

O Describe the apparent physical/mental/emotional state of the suspect during the force encounter; Include if he/shewas under the influence of a drug or alcoholic beverage.

O Describe all weapons possessed or available to suspect during the altercation.O Describe any special skills or abilities (boxing, martial arts) of the suspect that were, or could have been, used to

carry, out his/her attack upon you; include prior violent history towards police.O Describe the immediate threat to you or other persons at the scene by the suspect.O Describe any active resistance to your attempts to control the suspect, or his/her evasion (or attempt) of the police.O Detail speolñc verbalization you used prior to escalation to physical force. If verbalization could not be used, give

details why. .

'O Describe all force techniques used, including lesser force options you used on suspect and why they did not work; orwhy you believed lesser force options would not accomplish the objective or why you believed lesser force optionswould expose you or others to unreasonable danger. If disengaging from the situation was not a viable option, give" details why.

O Describe in detail all injuries suffered by the suspect and/or his/her accomplices; all injuries to assisting officers oryourself as a result of this incident. '.Detail all medical attention offered/provided for suspect(s).

D Describe anY'physical evidence you secured or collected (Le., photographs of defensive or offensive injuries, torn orbloody uniforms / clothing, other evidence of suspects actions).

O Give details regarding supervisory notification/response.Part II-A of Use of Force Report shall be completed by Officers who witness a use of force incident, or Investigators assignedevidence collection or other investigative duties. '

Part II-B of Use of Force Report shall be completed by a Supervisor assigned to investigate the incident.

Part III of Use of Force Report shall be completed by the Training Unit & Command staff following receipt and review of Parts Iand" of the Use of Force Report.

Form - SSPD-20.1

Page_l_,_ of ~ pages

On Scene Supervisor: S~' í.' /'11I í( Dnl.

Date/Time: .Lfi.,:./¡_l{.:k..1_(}_~-----=f!=--_1_3_{1_.r Taser Officer's Name: -.:ß",,' )~6::.;:,/¡',I1.!..1 t..:.,:J/::..:..'1I"_"ë':.-+! _-ft:.,:::1 _

Officer(s) Involved:géí11 ¿vOi\,( / ~/}1li1-tJí'/

Taser Serial #:X 00 ~ Li 21.("(;:;) 6

SUPERVISORY TASER X26@USEREPORTSARATOGA SPRINGS POLICE DEPARTMENT5LAKE AVE., SARATOGA SPRINGS, NY 12866

518-584-1800

Air Cartridge Type(s): L 25-ft XP

Location ofIncident: ( ) Indoor 0 Outdoor ( ) Jail ( ) Hospital

Incident Type (circle appropriate responsees) below):

Civil Disturbance Suicidal Suicide by Cop ~~ Barricaded' WarrantOther: _

Nature of the Call or Incident: ovcoï -.!Je bD) sr~~~~~~~~~~~~~~-~~------------Charges: _--.:...:~J=--..cI_~_1 ~ _

S-l.'J'J'/J,b 'JOi.d PritSeA/!

Type of Subject: ,''I- Human."..- _Animal

IfHuman: Age: ~'] Sex: 'M Height: 6 (f J Race:lJ Weight: IZà

Admitted to Hospital for Injuries: WN Admitted to Hospital for Psychiatric:w N

Medical Exam: &:IN Suspect Under the influence: Alcohol/Drugs (specify): _

Medical Facility: Sl:l(l,t:iî66 /J tJÓ5'(l1 rA(.~ Doctor: ---------------Was an officer/law enforcement employee injured other than by Taser? y ®Taser use (circle one):tg / Failure Suspect wearing heavy or loose clothes: y (it;

Number of cartridges fired: --!!.Î _Number of cycles applied: _n.:::....,(..~__

F~r Taser Applications: Was this a probe deployment?cP/ N

Usage (check one): ( ) Arc Display Only (J(.) Laser Display Only () Taser Application

Approximate target distance at the time of the probe deployment:, ,

Was this a drive stun deployment? Y{fj)fo feet

Need for an additional de~~oyment? ®NApproximate distance between the probes: 1""''-..

Did probes penetrate the subject's skin? (j)N

Did Taser application cause injury? y (Ñ)

inches

Description of injury:

Probes removed on scene? Y ®Ifyes, was the subject treated for the injury? y KV

/'APPUCATION AREAS

(place "X's" where probes hit suspect AND "O's" where stunned)

SYNOPSIS:

fl%'"' CoM B,j)'CllJC fY\DJft.i.. !ÔCt:I(Úí S ¡PSPCtY <1[lM6ClO Wt' (ç.r;:. i(t't1S .. S I.)'ß~\rU'

,~- .

~fÇ.v".r.n JO '-<""1:1",'0 Ol~;;NN ,IJ() t·u ~. ,ª' /}JS(fJ.. SOßJr:cr Bce/:'m'l.(" r;ey..~ßIYí OCFc?uo~vîtvt l ¡J. 'CN,fjnc Or ''t'cr; ¡10vr- /:}J.JO A ,StCcrY10 APi"¡(((!cmrll'l. ,...J'Ac. ¡::-ss¡xo

Need for additional applications? (!J; N Did the device respond satisfactorily?(y) N

If the Taser deployment was unsuccessful, was a drive stun follow-up used? Y / N

~ -~-( (\) .

Describe the subject's demeanor after the device was used or displayed:,i.l!6¡Jt. 'Z:Æl!.pr/dilDC {:lí()O ,f:f¡/íf){U (.J/tJS'f/J¡PtL. ;

<:». Were other means attempted to control the subject? y/ID Ifyes, what types? (Circle or list other below)

OC Spray: Y / if[) Baton: Y ® Authorized control techniques: y ®. Other: --'- _

Photographs Taken:@NReportComPleted by: ---,-PTt_~=(---=¡;:=..c~'-<'~="---c..::¡= _

ADDITIONAL INFORMATION

Revised 08-14-08

S~rat0ga ~prings Police

16. Incident TypeMEDICAL ASSIST'

7· R¿port Day 8. Date

Wed Jan 14 20099. Report Tim13:18

18. Weapon(s)

NY0450100 't. ~~~~ ;~:~~~'~4-09SS-000991-0 9OccurredOn/From: 14. Date IS. Time

Jan 14 20Q9 13:18

A.

21. Location Code4601 B.

23. No. of VictimsC.


12. Time13 :18

Occurred 13. DayOn/From: Wed

17. Business Name

19. Ineident Address(Streel NO.,Slreet Name,Bldg. No.,Apl. No.)CRESCENT ST 20. City,Slate,Zip(Q;JC DT DY)

SARATOGA SPRINGS,FNO','ii"lïii ''imHEÄ:;WÆl:E¡j¡~J~SE0tIÖN*!; #ÆS:ïiJB!fu10s¡ ¡:GtK,~i'¡;,,1;>jß¡6;.t.fl¡j¡~;~H¡jÊCî\j!f ~;;A1;i;i,r{

CA DARCY, LAURA L

WI

PI DARCY, WILLIAM J JR

26. Victim also complainant []Y QgN E.

- BUSF.

RES. ( I trBUS

G.RES.

BUS__ .H.

RES.BU .- '.

RES.emp. es- oreign a ..ludent OOther. J.

Homeless Unk/Not Indicated

K.

OT

MARGAN, FRANK J

/

ROOKE, TONYA

27. Date of Birth

/

SEMS - WEST AVE SARATOGA SPGS, NY 12866-

28. Age . ex . ace . IC • an leapOMOF OWhite OBIack OOther []Hispanic Dunk. []Yes

U Indian Asian Unk. Non.His anie No

05 10.000 COTTON

. eSI ence atusOResident OTourist

Commuter Milita34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law []Yes DNa

35.Type/No 36.Name(LaSI,First,Middle) 37.AJias/Nickname/Maiden Name(Last,First,Middle)SU GAUSEWITZ GLEN K

60. Vehicle Status 61. License Plate No

08

",

66. Veho Yr. 67. Make

71. Color(s) 72.TowedBy: __

To:

L.

56. Address

PANTS 30.00

D62.State

FullPartial D

63. Exp. Yr. 64. Plate Type 65. Value 30.00

69. Style

e IC e otes

74.0576: 01/15/2009 09: 07 - Reporting Officer was dispatched to 90 Crescent Streetfor an unknown male on the resident's property bleeding from the head. Officerarrived on Crescent Street and was informed by dispatch that the individual, awhite male, was running east bound on Crescent Street and was only wearing apair of boxer shorts. Officer observed the white male running down the streetand stopped him at the intersection of Crescent Street and Madison Street.Officer observed that the individual, later identified as Glen Gausewitz, hadcuts along his knuckles where he was bleeding from excessively and that he had a

gash on his head where he was also bleeding. Subject was dressed in boxersshort's and was not wearing shoes. Reporting Officer got out of the vehicle and

checked on Gausewitz's well being. He was unresponsive and he sat on the7S.Jnquiries(Cheek all that apply).

[29DMV. Qgwanl/Warranl. OScofflawCrim. Histor Other

76. NYSPIN Message No. 7. Complainant Signature

78. Re O Signatur lude Rank) 79. ID No 80. su,p¡-\-e~·sor's~i~ lure(include Rank) 81. ID No

11~~l~~~~:;~~:;~~~~~~-:::10~5~~~6~P;T~L~B~A~R~R:E~T~T~ ~~;j¿::t~~~~::~~~~~~~~~~~~~~-J8~S~.-------1Il ,-', 2873 SGT MITCHEL,L Page8 . Status Open ¡¿gclosed(if Closed, check box below). OUnfounded 83. Status Dale 84. NotifiedrrOT of.OVict. Refused to Coop. DArrest oPros. Declined OWarrantAdvised 2

I?Ë]CBI OJuv. - No Custody DArrest-Juv. Daffender Dead. DExtrad. Declin DUnknown Jan 14 2009 Pa es'

- - - - - c -- -------- l-'age z at z-INCIDENT REPORT (continuation page)

INCIDENT No.: 88-00144-09 BLOTTER/CC NO.:8S-000991-09================================================================================

ADDITIONAL NARRATIVE===========================================================.=====================ground and began rocking pack and forth. Officer Benware then arrived on thescene and this Officer approached Gausewitz to restrain him for his own safety.When he got up, he pushed away in aggressive manner, and ran down Madison Street

weaving in and out of traffic, causing potential harm to himself and others.Officers both pursued Gausewitz and when we caught up to him Officers gaveverbal commands for him to get down on the ground. Gausewitz did not respond tothe commands; Officer Benware then gave two separate commands for him to get onthe ground. Gausewitz then lunged at this Officer and Officer Benware deployed"the taser striking Gausewitz in the chest. Reporting Officer was nöt able tohandcuff Gausewitz. Gausewitz continued to struggle with pfficers so OfficerBenware engaged a second cycle of the taser oriGausewitz, at which "point hebecame compliant and then was h~ndcuff for his safety and Officers' safety.Officers aridEMS personnel were able to secure Gausewitz and EMS transported him

to the ER where he was admitted in the MHU.================================================================================

ADDITIONAL ASSOCIATED PERSON(s)====================================~===========================================Name:CHRISHome Phone:

LOHNES Address: SEMS - WEST AVE SARATOGA SPGS, NY 12866-Business Phone .. :(518)584-2109

----------------------------------~---------------------------------------------

L'èl.rra1:~ve #: 1Jr Rank/Name: PTL AARON'p BENWARE

L~x:ment:Saratoga Springs Police Department"ip Nl';::ber :

..'J.;.:Case Number. : SS-00144-09Blotter/cC #: SS-000991-09.= ..

92:(/14/2009 15:35 - Reporting Officer dispatched to Crescent St for a report of a. :"jÚale:'. : his underwear running through yards and that he was bleeding . Officer Barrett"az r.í vc ¡ on scene first and confronted the subject, later identified as Gausewitz, whowas h': ;hly agitated and combative. Gausewit"z began to ran up Madison St in an attemptto es<:,pe apprehension. Gausewitz turned in an aggressive manner and began to chargeat Off: ':::er Bar-rett. Reporting Officer gåve a taser warning twice to Gausewi tz whoignor, : same. Officer fired the taser and momentarily incapacitated Gausewitz. AsOffici: Barrett was attempting to place Gausewitz in handcuffs,Gausewitz becamecomba~ ve again and Officer initiated a second cycle on the taser, enabling OfficerBarret·; to plade him into the handcuffs. Gausewitz was screaming and was completelyincoh,····ent. Gausewitz was transported to Saratoga Hospital by EMS. Gausewitz continuedhis e.' :::1tic behavior while at' the Emergency Room. Officer spoke to Gausewitz' s. father,a Kar: ~ausewitz, who advised that his son suffers from Psychofrenia and bi-polard.í sor r . Gausewitz was turned over to hospital security for admittance to MHU.Theexpen! d taser cart 'd e was secured 'and placed into evidence locker #1.

Signa~' ire

D.O. :Sqd. Superv. : c.a. :

._----------------"---------------------------

·Narrative #:,Offic·er Rank/Name: SGT THOMAS W MITCHELL

2

Department: Saratoga Springs Police DepartmentDD Number : Case Number.: SS-00144-09

Blotter/CC #: SS-000991-092873:01/14/2009 16:58 - To be completed1/15/092873:01/15/2009 07:52 -On 1/14/ 09 Reporting Officer responded to the area of CrescentSt and Madison St in reference to an unknown male who had just been at the door of 90Crescent st. Dispatch advised that the male was bleeding and that he was not wearing a.shirt. The outside temperature was approximately 10 degrees. As officer was respondingto the area, Dispatch advised that the male had just taken off his pants and wasrunning down Crescent St·toward Jefferson St. While enroute to the above location,Reporting Officer heard PtI Barrett radio that he was off with the subject at theintersection of Crescent St and Madison'St. PtI Barrett requested that EMS stage inthe area as the subject was not being cooperative. A.minute or two later, I heard PtIBenware call that he was on scene with PtI Barrett. PtI Sartin and PtI Prestigiacomothen arrived on scene. When Reporting Officer arrived on scene I observed thatmembers of Saratoga EMS and SSFD were treating the subject ·(later identified as GlenGausewitz) in the back of an ambulance.

PtI Barrett advised me that Gausewitz had been uncooperative whe~ he attemptedto assist him. GaUsewitz was bleeding and had been flailing his arms and had .refusedto comply with several verbal commands given by both PtI Barrett and PtI Benware. PtIBarret and PtI Benware advised me that PtI Benware had to deploy the taser on thesubject as he was acting in an incoherent and aggressive manner and refused to complywith verbal commands given by the officers. PtI Barrett further advised me that whenhe attempted to restrain Gausewitz he had gotten some of Gausewitz's blood on hisuniform and on his boots. PtI Barrett further advised that he had been wearing rubbergloves and did not believe that he had any skin contact with Gausewitz blood.

PtI Benware and PtI Sartin responded to Saratoga Hospital with the ambulance.While on scene, a witness - Frank Margan, approached Reporting Officer and

advised that he had seen that Gausewitz had been acting in a strange manner and thatthe Police had attempted to help him several times but that Gausewtiz was veryuncooperative. He noticed thàt Gausewtiz had been bleeding prior to police arrival. Awritten statement was secured from Mr. Margan.

Reporting Officer and PtI Prestigiacomo spoke to the original caller, LauraDarcy at 90 Crescent st. While at that location reporting Officer located a pair ofkhaki colored pants (size 32Wx32L) lying in the roadway just east of 90 Crescent St ..PtI Prestigiacomo photographed the pants as well as footprints in the snow around thefront of Ms. Darcy's home. There was also some blood on the front windows of her homewhich were also photographed. Reporting Officer searched the pants for identification(no identification located) and then secured the pants as possible evidence. Pants

were then packaged and secured in Evidence Locker #12 at Police HQ·until foul play isruled out.

Officer began a neighborhood canvass and found that there were alsofootprints in the snow at 88 Crescent St. There were also a few drops of blood nearthese f oot.pz'Lrrts. There were no other footprints in the area nor were than any othersigns of blood in the area. Initially there was no one home at 88 Crescent St butprior to me leaving the area the homeowner did return. Officer spoke to Leonard Brownand Kathy Barnes who advise that their home does not appear to have been disturbed.

Officer spoke to the resident at 79 Crescent St who stated that he did see theman running around wearing only a pair of shorts. He did not recognize the man butthought that he had come from Hathorn St. Officer also spoke to a resident at 85Crescent St who stated that he also saw the man and that the man appeared to be comingfrom Hathorn St. He also did not recognize the man. Officer also spoke to residents at

; .80 Crescent st and 79 Crescent St who advise that they did not see the man. Officer

Narrative #: 2Officer Rank/Name: SGT THOMAS W MITCHELL

- -:'J-.

Department: Saratoga Springs Police DepartmentDD Number : Case Number. : SS-00144-09

Blotter/CC #: SS-000991-09also checked the residences on Hathorn St and found no one home except at 2 HathornSt. This resident also did not see the man.

While at the hospital PtI Benware was finally able to determine theidentity of the man as being Glen Gausewitz. PtI Benware spoke to Gausewitz's fatherand found that Glen Gausewitz suffers from schizophrenia and bi-polar disorder.Signa ture S6r·-~!}--t1'--../~

D.O. : Sqd. Superv.: c.a. :

..

ipartment: Saratoga Springs Police DepartmentiD Number :}";'

Narrative #: 3¡:LcerRank/Name: PTL ANDREW PRESTIGIACOMO

/1..- --'

/3004:01/15/2009 11:51 - I was clearing from a 10-35 when I heard Officers Barrett and¿ Benware off with a subject on Madison Street. I responded to the location. As I

, arrived I observed Officer Barrett restraining the subject on the ground. It appearedOfficer Benware had just deployed the tazer. I assisted Officer Barrett withrestraining the subject until he was turned over to EMS and secured in their

·stretcher. I .then responded to 90 Crescent Street to speak with the original callerLAURA L. DARCY. Mrs. Darcy reported that the maIer later identified as GLEN GAUSEWITZwas attempting to enter the side door to her home. He was not wearing a shirtr only apair of pants and socks. The subject was bleeding excessively. The door was lockedand she did not let him in. The subject then ~alked through approximately four feetof snow in the front yard attempted to access the front window situated on the northeast corner of the house. Once his attempt was unsuccessful he left the. location andbegan walking east on Crescent Street. As he began walking he took his pants off andleft them on the roadside. After I finished interviewing Mrs. DarcYr I secureddigital photos with my Traffic Camera of the pantsr residencer footprints, side door.and front window where the subject left traceß of blood. 8gt Mitchell secured thepants in a papèr bag after their location was photographed. Photos were uploaded tothis report an~ are nu~ 013-021.

Ca se Number.: S8-00144-09Blotter/CC #: 88-000991-09

Jí /! -signature ; ¡41aw./l",int1j19"Ø06."

D.O.: 8qd. Superv. : a\-,~ e.o.:

Offic.er Rank/Name: PTL THOMAS J SARTINNarrative #: 4 ~~':1~ • .L


Blotter/cc #: SS-000991-090791:01/22/2009 07:59 - Reporting officer responded to the area of Madison Street toassist officers with a subject bleeding and did not have a shirt on at a residence.

Upon arrival I observed PO Barrett holding onto a subject that was on thepavement. PO Benware had deployed a taser at the subject. EMS personnel werestanding by o~ the street near the incident.

Officers were able to handcuff the subject and then the EMS personnel transportedthe subject to the ER. The subject was talking to officers but his statements did notmake any sense. PO Benware and myself followed the ambulance to the Saratoga ER.Once at the ER the hospital personnel took the subject to a private room.

After the subject was on a bed I-removed the two prongs from the subjects chestand they were secured as evidence by PO Benware.

Officers attempted to interview the subject but were not able to get any furtherinformation from-him. Inv. Lewis arrived and secured photos of the subject. I thencleared from the Saratoga ER.

~~"----¢~'{.oSignature

D.O. : 5.t-'-:--~J }, c.a. :Sqd. Superv. :

Narrative #: 5Offioer Rank/Name: SGT THOMAS W MITCHELL

- .... '::) "-. ..L


Blotter/CC #: SS-000991-092873:01/22/2009 09:53 ~ At approximately 11:15AM on 1/21/09 while Reporting Officerwas at the front desk, Sara Gatisewitz (mother of Glen Gausewitz) came to the frontwindow looking to talk to an officer who had dealt with her son, Glen, on 1/14/09. Shethanked officers for their assistance and advised that her son has mental healthproblems and that he had been slowly acting more and more erratic since 1/1/09. Shefurther stated that he had become more and more unreasonable and that he was good atfighting. She advised that he is now receiving mental health care.

\.~~Ë'"\'.

Signature

D.O. : Sqd. Superv.: c .o , :

L"U-<..--<-+ 'lIl --'--'\ I"~

NOTICE: KNOWINGLY kfAKING A FALSE STATEMENT HEREIN, IS PUNISHABLE ASA CLASS.A'MISDEMEANOR, PURSUANT TO SECTION 210.45 OF THE NEW YORKSTATE PENALLAW.

VOLUNTARY STATEMENTSTATE OF NEW YORK:

·COUNTY OF SARATOGA:

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l I IO;)d.~,G,i-c.oga :::iprJ..ng::s ru.L.1.\';~ I.:lV.1- 1 li'iCIDEN l lU!.rVKl 11."t~U"d:'::)uJ..uu I U:iUpp I.:J.;'J-v,v~~-vc 1::;::;-V.1-.,j.1-¿b-Vöp.Report Day 8. Date . 19. Report Tim Occurred 110. Day I,ll.Date 112. Time Occurred I: 13. Day 114. Date 115, Time•N~, Jun \28 \2008 03:22 On/From: Sat. Jun ¡28 ¡2008 03:22 OnITo: Sat Jun 128 \2008 03:22C 16. Incident Type 17. Business Name J 8. Weapon(s)I DISORDERLY CONDUCT . PERSONAL WEAPONS A.H·D 19. Incident Address(Street No.,Street Name,Bldg. No.,Apt. No.) 120. City,State,Zip(~C DT DY) 21. Location CodeE CAROLINE ST SARATOGA SPRINGS 4601 B. X

N 22. OFF. NO. LAW SECTION SUB CL CAT DEG ATT NAME OF OFFENSE CTS 23. No. of Victims1 PL 240.20 -1 U V O DISORDERLY CONDUCT 1 1 C. XT2 PL 205.30 - A M O RESISTING ARREST 1 24. No. of Suspects D,473 PL 240.20 -1 U V O DISORDERLY CONDUCT 1 1

1'·, 25 ..person Type:Co,--Complainant OT=O,ther Pl=Person Interviewed PR~Person Reporting Wl=Wítness N1~Not Interviewed VI =Victím 26. Victim also complainant 3lYDN -ATYPEINO NAMErLAST .FIRST MIDDLE TITLE) Date of Birth STREET NO.,STREET NAME,BLDG,NO.,APT.NO.,CITY,STATE,ZIP

E.Sp Telephone No.

BUSSE CV SARTIN, THOMAS 5 LAKE AVE SARATOGA SPRINGS, NY U866- F.OR RES.Cs BUS G.IO CV KEHOE, PTL J 5 ~AVE SARATOGA SPRINGS, NY 12866-2216 -

RES. (518)584-1800AN

BUSTS CV BRAIM, PTL E 5 LAKE AVE SARATOGA SPRINGS, NY 12866-2216RES. (518)584-1800 H. S

E

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27. Date of Birth 128. Age I _~,_~ex ru, kace . . '1"1. rstnmc I ~¿. rianeicap I~ Ke~laence :>talustJtemp-"es.-.t<orelgn rsat..;i ~DF QgWhite DBIack DOther []HispánÍc DUnk. DYes QgResldent []Tourist Student DOther. J. 00.;-

DU nIndian nASian nunk. OONon-Hisnanic ~No DCommuterDMilitary FlHomeless FiUnklNot Indicated~34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law []Yes ~No

35.Type/No I36.Name(Last,First,Midclle) I 37.AliaslNicknamelMaiden Name(Last,First,Middle)' 38. Apparent ConditionK.4

. ~ AR MARSELL TERENCE C ~Paired Drugs pMental Dis ~nk.Impaired A1co Ini/Ill Ann Norm. L.41• 39:Address(Street No.,Street Name,Bldg.,No., City.,State,Zip) 14o.Phone Res: 518-878-2720• 41. Social Security No .-'un

~ Bus.: 114-56-5740 M.-.-'o·~ . ateo 143.Age:1 _~.::;ex 14,~!'ce 'l"o.l:>illlllC 1"/.:>Klll 148. Occupationw1" ~DF []White ~lack DOther []Hispanic DUnk. ight []Dark OUille.r,¡U 33 .r-ro rlIndian nAsian nUnk. i: ONon-Hiscanic I ~lMedium FiOther~.: N. -~.49.Height 50. Weight 51. Hair 152. Eyes J~:asses 54. Build 55.EmployerlSchool 156. AddressV:'.;

~ 5 \08 ~70 BLK BRO es[]Contacts.-~aI! []LargeNo edium G57. Scars/Marks/Tattoosûäescríbe) 5~. Misc.

l,';,' NONEP ,J~. icnm or ' , l'ropeny . mpeny . l,Iuanotyl lVlaKeor.

Serial No. . . "' D~s¿riptio~' DDSUs,;ect No. Status ' Tvne" Measure . ".' i::>rU;':TvOe ' 'Model" Value .'R cv 49 1.000 CARTRIDGE 50.00 DOp

~E.R -v 60. Vehicle Status 61. License Plate No

Full 9/62. State 63. Exp. Yr. I 64. Plate Type OJ. Value 50.00 DT

'EPartial D

H [~Jy I66. Veho Yr. 67. Make I 68.Model 169. Style / . VlN.

C,L 71. ColorCs) 172. Towed By: I tx, entere Notes [KJE To:

'. 74. 0791: 06/28/2008 04:11 - Reporting officer just cleared from a dispute that ŒJoccurred on the sidewalk on Caroline Street near Henry Street. The subjects DN that were involved with the dispute wer~ told to disburse from the Thearea ..À intoxicated subject that was id'd as

~R Terence Marsell was the main aggressor tha:tR was yelling at patrons and causing the disruption.

~A Officers just cleared from the call and MarseIl walked into the small parkingT, lot on the corner of Caroline Street and Henry Street: He then began yelling at

~.:t other subjects in the parking lot and began to throw clo,sed fist punches at theV other male subject;:>. The male subjects began to fight with each other and

~ii: officers r'an into the lot.Once in the.parking lot officers told the subjects to stop fighting multiple 12

75:Inquiries(Check all that apply). 76. NYSPIN Message No. 7. Complainant Signature BUJ~MV. QgWant/Warrant. DScoffiaw-. use cover

Li~ Crim. Histarv n ~'t::;-;n p,.nn.rn, nOther

sheetir 78. Reporting Officer Signature(Include Rank) V9

.IDNO 80. Supervisor's Signature(include Rank) 1:81.IDNot;; 85. ~0791 PTL SARTIN 2762 SGT TETa Page~ 82. Status DOPen ~Closed(ifClosed, check box below). DUnfounded 83. Status Date 84. NotifiedfTOT of.~ DVict. Refused to Coop. ~est []Pros. Declined D Warrant Advised

128 12008 3<C []CBI D Juv. - No Custody []Arrest-Juv. OOffender Dead. [JExtrad.Deciin DUnknown JunPages

.lNC.llJl!;r',¡:.¡: .KI!d:'VK:'¡: ~con"C~nUä"C~on pagel

.ir No.: SS':'02043-08 BLOTTER/CC No. :SS-013126-08~===========================================================================

ADDITIONAL NARRATIVE~=============================================================================

_imes and they did not stop hitting each other. These actions caused theTrotters and Clancy's bar patrons to exit the establishments and gather in thestree.t;to wat.ch.

When I ran into the parking lot I told a male subject, Terence Marsell, to stopfighting and he refused to comply by swinging at the other subjects in the

parking lot then .at the uniform police officers. I then told him he was underarrest and he turned and ran out of the parking lot then south on Henry Street.

Officers ran after Ma~sell and when he got past Lafayette Street he keptrunning and jumping in the air. I then aimed Taser number 3 at Marsell and told

him to stop running and to get on the ground. He then jumped up in the airplacing his arms up with closed fists so I aimed the Taser at Marsell's chestand deployed the Taser.

Once the Taser struck him he fell to the gr-ound. The Taser finished its cycleand theb Marsell complied with officers commands. I told him t;o rollover andplace his arms behind his back and he did. PO D. Mullan then handcuffedMarsell. I then walked Marsell back to Caroline Street because all of the other

officers were dealing w·ith the other subjects in the parking lot. I thensecured him into the rear seat of 422.4 and transported h~m to the station.

At the station Marsell I removed the two prongs from him. One struck him inthe· left leg at his knee and the other one struck him at the right side of theneck. I then cleaned the areas with alcohol pads. I then placed a band aid onthe spot· the one hit him on the neck because it was bleeding. The one on hisknee did not bleed and I could. not find where it struck him after I pulled outhe prong. After I removed the prongs I placed .them into the cartridge andwrapped the cartridge with the rubber glove. I then placed the glo~e into aevidence bag and placed it into the evidence box. As I was processing MarsellI could smell a strong odor of an alcoholic beverage coming from his breath ashe spoke ..

The subjects that were arrested were then all processed then placed into thecell block with police officers observing them pending arraignment .

. ". .===~============================================================================ADDITIONAL OFFENSES(s)

===~=====~===========================================================~==========Off #ILawlSectionlSubdivlCLICatlDeglAttl Name of Offense ICtsl---~------~---------~------------------~------------------~--------~----------~_.

41PL I 205.301-'SIPL I 240.201-1

lA 1M II I I

I O IRESISTING ARRESTI O IDISORDERLY CONDUCT

I 1 II 1 I

.=========================================~======================================ÄD.DITIONALSUSPECT/MISSING/ARRESTED PERSON(s)

==============================================~=================================Type:ARRESTED PERSON Name:JOHN J BATCHELDER Address: ...... liIIIIIIIIF....... I~'AKA : Condition: IMPAIRED ALCOHOL. SS # ...........Home Phone: $ Buslness Phone ..:DOB.: _ Age:.30 Sex:M Race:WHT Ethnic:NON-HISPANICHeight: 6 .00 Weight: 220. Hair: BRO Eyes :BRO Glasses: NO Build: LARGEOccupation: PAVING Employer:RICHARDS PAVEINGScars:BATCH ON MIDDLE BACK Misc:

Skin:LIG

-~------------------------------------------------------------------------------Type:ARRESTED PERSON Name:PATRICK M MILLER Addr~ss: "_11111111111111111AKA : Condition: SS #:091-62-2032Home Phone:~ Business Phone ..:DOB.: ·22 Age: 30 Sex:M Race:WHT Ethnic:NON-HISPANIC Skin:LIG

INCIDENT REPORT (continuation page)

, INCIDENT No.: 88-02043-08 BLOTTER/CC No.: 88-013126-08

Height:5 10 Weight:O Hair:BRO Eyes:GRY Glasses:NO Build:MEDIUMOeeupation:BLACK TOP Employer:RICHARDS PAVINGSears:TAT LT ARM AND RT ARM TRIBLE Mise:

. .--------------------------------------------------------------------------------

~'"

Narrative *: 1Officer Rank/Name: PTL PATRICK J ARPEIDepartment: Saratoga Springs Police DepartmentDD Number : Case Number.: SS-02043-08

Blotter/CC #: SS-013126-081222:06/28/2008 04:54 - Officers were on patrol on Caroline St. in front of Clancy'sand Trotter's. Officers had just finished dealing with one subject Terrence MarselI.Officers sent Mr. MarseIl on his way a~d instructed him to go home. Mr. MarseIl was inthe parking lot" located at Caroline St.. and Henry St.. when a fight ensued betweenMr. MarselI, John Batchedel and Patrick Miller. All subjects were given stern commandsby officers to stop fight which they all ignored. Mr. MarseIl started to run south onHenry St .. when I began to pursue him. Officers attempted to place him into custody infront of the library when he continued to resist. At that point PtI. Sartin deployedthe taser against Mr. Marsell which gained immediate compliance. At that point myselfand Sgt .. Tetu started to run back to the parking lot where Mr. Batchelder and Mr.Miller::were still engaging ina fight along with off~cers. Mr. Batchelder made andattempt to strike PtI. Braim and at which point my taser (taser #1) was deployedagainst him. Mr. Batchelder immediately fell to the ground and started to convulse.After the cycle was over Mr. Batchelder was given additional commands to rolloveronto his stomach and place his arms out to his side. Mr. Batchelder s t.a.r t ed to resist"again when officers attempted to place him into custody. At that point another tasercycle was administered which cause compliance again. When officers attempted to placehim into custody again he began to resist again. By this point Mr. Batchelder hadrolled enough times to break the taser wires. At this point I administered severaldrive stun cycle against Mr. Batchelder until he finally stopped resisting enough to

" place him into custody and have him transported to the station.

Signature

D.O.:" _ Sqd. Superv.: c.a. :

Narrative #: 2Officer Rank/Name: PTL EDWARD BRAIMDepartment:Sarataga Springs Police DepartmentDD Number :

Case Number.: SS-02043-08Blotter/CC #: SS-013126-08

0992:06/28/2008 05:17 - Reporting Officer was on patrol on Caroline St when I observeda fight in the parking lot across the street from Clancy's bar. While assisting withthe fight a foot pursuit started with several individual that were involved with thefight. As the foot pursuit was going on I stayed with one of the individuals involvedin the fight now known to be JOHN BATCHELDER. While speaking with BATCHELDER he becameirate with reporting officer and then attempted to charge me and throw several punchesone of which stuck me in the left side of the face. At this time I attempt to takeBATCHELDER to the ground to place him under arrest. BATCHELDER then pulled away fromRO and tore of his shirt and necklace and stated "lets fucking go mother fucker". Atthis time I advised dispatch that I needed assistance in the lot at which time severalofficers came to the scene. At this time BATCHELDER was advised byPtl Arpei to stopresisting and to comply with our corrimandsbut he refused todo so. At this timeBATCHELDE~ was advised.that if he did not comply with Officer commands that he wouldbe tased but he continued to fight. PtI Arp&i then deployed the taser and BATCHELDERwas placed into custody and transported to police hq.

Signature

D.O.: Sqd. Superv.: C.O. :

Narrative #: 3Officer Rank/Name: PTL JOHN R KEHOEDepartment:Sarakoga Springs Police DepartmentDD Number :

, Case Number.: SS-02043-08Blotter/CC #: SS-013126-08

1647:06/28/2008 05:22 - While on patrol in marked unit 4213 in the area of carolinest. I observed several subjects fighting. Three subjects continued to fight after

.officers told them to stop. I placed one of the subjects, later identified as PATRICK

.MILLER, under arrest. While arresting Miler I observed he had minor scrapes and cutsfrom fighting on his head and arms. Miller was put into marked unit 4213 andtransported to HQ for processing with no further incidents.

Signature

D.O.: Sqd. Superv.: c.a. :

~arrat~ve tr: 4Officer Rank/Name: SGT JASON H TETUDepartment:Sar~toga Springs Police DepartmentDD NuInber : Case Number.: SS-02043-08

Blotter/CC #: SS-013126-082762:06/28/2008 22:51 - Myself and other officers were on Caroline Street in front ofClancy's and Trotter's bar. We just finished talking with a subject identified asTERRENCE MARSELL. Marseil was creating a disturbance in the area and was advised togo home. .Marsell walked into the parking lot located at Caroline and Henry Street.Within approximately two minutes Marseil bega~ fighting with two other men lateridentified JOHN BATCHELDER and PATRICK MILLER. All officers approached them andordered them to stop fighting. The subject ignored us and continued to fight usingpersonal weapons. As we started to separate individuals. Marseil ran away South onHenry Street .OFFICER PATRICK ARPEI, OFFICER SARTIN and myself ran after Marseil. Wecaught up with him on Henry Street at the intersection of Lafayette Street. Marseiljumped and spun around in the air facing us with closed fists. I ordered the officerto deploy the Taser. Officer Sartin deployed the Taser that struck Marseli. He fellto the ground and he then complied with officers instruction and was arrested andtransported· to HQ.

Myself and Officer P. Arpei heard OFFICER BRAIM and OFFICER MULLAN call forassistance ...We ran to their location. I observed Batchelder push back Officers Braimand Mullan .while raising his fist and wildly swinging at both officers .. Officer Arpeihad not yet arrived. I drew my ·expandable baton and struck Batchelder on the insideof his right leg twice just above the knee joint and gave verbal ·commands to get onthe ground. Batchelder ignored my commands and continued to· swing his fists at me andthe other· officers. Officer.l? Arpei arrived and I ordered him to deploy the Taser.Officer P. Arpei deployed the Taser. Batchelder fell to the ground but continued tofight .. I ordered Officer P. Arpei to give Batchelder another 5 second cycle. Hecontinued to resist and failed to comply with instructions. I ordered Officer P.Arpei to give Batchelder a third 5 second cycle. Batchèlder complied~with instructiononly after receiving three additional drive stuns and was arrested and transported toHQ .

.Signature

D.O.: _ Sqd. Superv.: c.a. :

! - -Narrative #: 5

Officer Rank/Name: INV RICHARD ARPEIDepartment: Saratoga Springs Police DepartmentDD Number : Case Number.: SS-02043-08

Blotter/CC #: SS-013126-083016:06/28/2008 23:14 - Officers were ön patrol when we heard Officer Braim call forassistance during an physical altercation across from Clancy's bar. As wè approached.the scene I observed Officer Braim and Officer P. Arpei attempting to place a whitemale into custody. The male, identified as JOHN BATCHELDER did not have a shirt on waswas struggling with Officer Brain on the ground. Batchelder had both arms tucked underhis body as he layed face down, on the ground. I approached Batchelder from his leftside and grabbed his left arm which was tucked under his torso. Batchelder would notplace his arm 'behind his bàck when being asked to do so multiple times. As I attemptedto place Batchelder's 'arm behind his back he would continue pull his arms toward hisbody. Batchelder would not allow Officer's place his arms behind his back in order toplace him into custody.

Batchelder continued to resist arrest at which point Officer P. Arpei deployed adrive stun to Batchelder. Batchelder continued to resist arrest and attempt to pullaway from Officer as he was on the ground. Officer P. Arpei deployed an additionaldrive stun at which poí.nt;Batchelder stated that he was done fighting and agreed to beplaced into custody.

Signature


Narrative ~: 6OffIcer Rank/Name: PTL JOSEPH P CAREYDepartment: Saratoga Springs Police DepartmentOD Number : Case Number.: SS-02043-08

Blotter/CC #: SS-013126-081633:06/30/2008 09:32 - Officer arrived at scene and spoke with officers who statedthe Taser had been deployed on two subjects, later ID as Batchelder and Marsell.Officer accompanied transporting officers to HQ' and assisted them with treating probeentry points per policy. Due to Batchelder having undergone more than 3 cycles, hewas checked by Saratoga EMS personnel at the station'who stated he was fine and nofurther medical attention was necessary. Officer installed new cart'ridges in the two

·Tasersthat were utilized (# l and # 3). While speaking with officers at the stationabout the incident, all officers stated that the use of the Taser allowed the officersto take the arrested subjects into custody more quickly and safely than otheravailable options. They also observed that the crowd had started to close in onofficers during the Batchelder arrest until the Taser was deployed, at which pointthey all backed away frOm officers a considerable distance or left the scene. Officerperfo~med Dataport download of Taser # 3. Taser # l showing time discrepancy upondownload attempt - unable to retrieve firing data.

1633:07/10/2008 10:11 - After speaking with Taser Rep, 9fficer located firing datafrom Taser # l and printed out report. Although report shows discharges occurring01-14~08, they were from 06-28-08 at the time of Batehelders arrest. Download reportattaöhed to case file.

Signature

D.O. :, _ Sqd. Superv.: c.a. :

'""CiL·.CCi 1;:J.. ve ff: "/

Officer Rank/Name: PTL DANIEL M MULLAN, JR

Department;Saratoga Springs Police DepartmentDD Number : Case Number. : SS-02043-08

Blotter/CC #: SS-013126-080452:07/10/2008 07:22 - I was in the area of Trotters bar when I observed Officers outwith a black. male identified as Terence MarselI. The black male was up against thepolice vehicle and after being interviewed was told that he was free to go a shorttime later. I was then in the area of D'andreas pizza when I heard Officers call offwith a fight in the parking lot across fr-om Trotters Bar. I returned to the area oftrotters and observed numerous officers running after Marsell. I began to chaseMarsell and by the time I had caught up to him I observed and heard Officer Sartingive command$ to which MarselI did not comply. Officer Sartin then used his tazer andshot MarselI in the chest. MarselI was handcuffed and I returned to' the parking lotacross from Trotters to observe Officer Braim fighting with two other subjects lateridentified as Patrick Miller and John Batchelder. I assisted in the apprehension ofPatrick Miller with Officer Braim while the other Officers there took Batchelder intocustody all prisoners where transported to HQ for processing.Signature

D.O.': Sqd. Superv.: C.U. :

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Saratoga SpringsPOLICE DEPARTMENT USE OF FORCE REPORT

Instructions: Complete this form for all reportable use of for,ce incidents, as defined in the operationsmanual under the General Orders, Section 20.7 - Reporting Use of Force Incidents.

Reporting Officer involved in force transaction:

1. Complete Part 1, using a separate report form fat each person you are documenting a reportable use.offorce incident on.

2. Leave the control number blank. This number will be assigned by thé Chief of Police.

3. List additional witnesses, officers, or any other information requested in your narrative if there is notenough room to capture that information in the space provided.

4. If suspect refuses medical treatment, request the EMT, hospital staff or other medical personnelpresent to sign as a witness to refusal of treatment on the reverse side of this form.

5. Attach a copy of the department computer generated arrest report, if the suspect was arrested. Alsoattach information about the suspects prior criminal record, if any.

6. Use the checklist below to assist you in completion of the narrative portion of your report.[!f'·'Describe the physical traits of every suspect (age, sex, size, etc.)gnescribe the apparent physicaVmentallemotional state of the suspect during the force encounter;

Include if he/she was under the influence of a drug or alcoholic beverage.D1Sescribe all weapons possessed or available to suspect during the altercation.l3'Í>escribe any special skills or abilities (boxing, martial arts) of the suspect that were, or could

have been, used to carry out hisIher attack upon you; include prior violent history towards police.rJ1)escribe the immediate threat to you or other persons at the scene by the suspect.aDescribe any active resistance to your attempts to control the suspect, or hisIher evasion (or

attempt) of the police.

~Detail specific verbalization you used prior to escalation to physical force, If verbalization couldnot be used, give details why. .

øDescribe all force techniques used, including lesser force options you used on suspect and whythey did not work; or why you believed lesser force options would not accomplish the objective'or why you believed lesser force options would expose you or others to unreasonable danger.If disengaging from the situation was not a viable option, give details why.

U-Bescribe in detail all injuries suffered by the suspect and/or hisIher accomplices; all injuries toassisting officers or yourself as a result of. this incident, Detail all medical attention

~ffered/provided for suspect(s).· .

LI Describe any physical evidence 'you secured or collected (i.e., photographs of defensive oroffensive injuries, tom or bloody uniforms / clothing, other evidence of suspects actions).

D<ii~e details regarding supervisory notification/response.

Part IT-A of Use of Force Report shall be completed by Officers who witness a use of force incident, orInvestigators assigned evidence collection or other investigative duties.

Part IT-B of Use of Force Report shall be completed by a Supervisor assigned to investigate the incident.t)

Part TIl of Use of Force Report shall be completed by the Training Unit & Command staff following. receipt and review of Parts I and II of the Use afForce Report.

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Page .L. of ~ pagesForm - SSPD-20.1

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USE OF FORCE REPORTDate of I Time: Blt# Case# Arrest # J Control # .OCcurrence:8/3/2008 01:24 SS-016532-08 SS-02609-08 SS-00575-08 .1006"- ellIncidentLocation: Caroline StName of suspect:

DOB:I:~ce:. IJex:

Daniel A RoweAddress:

telephone #Reporting Officer:

ID# IIAssignment:PTL. P. ARPEI1222 PATROLWitness Name .Witness address Tele{l.hone#

Other Ofilcers at scene ID# Officer tniureä before or after force? brietiv describe inturv .SGT. TETU 2762PTL. BAKER 1573PTL. WILSON 0606Describe suspect injuries prior to and after force was used:

MR ROWE SUSTAINED A LACERATION ON HIS FOREHEAD FROM BANGING HIS FOREHEAD INTO THEPAVEMENT. NO INJURIES WERE SUSTAINED FROM THE FORCE

.//Did suspect require medical treatment? øYes Medical treatment ~MS O Other - (add inDNa providers: ~ Hospital narrative)Name o[attending, medical f2.rovÏders Address o[medical treatment f2.rovider Phone#

Suspect taken toHospital ~mittedHospital by: SARATOGA HOSPITALAction: v Treated and releasedSuspect's condition at time afforce: O Appeared normal O Refused treatment - (see below)

~ad been drinking O Other - (describe in narrative), Intoxicated by alcoholic beverage

List Investigator(s) assigned, if any: O Under influence of drugsO EmotionallylMentally disturbedO Other (explain in narrative)

signature or witness to refusal

DPhoto's oDiagram On sceneD Statements O Other supervisor(s):SGT. TETUWas suspect arrested? DYes Investigating supervísorïs) assigned:(attach copy arrest report) O No .=---. $<s'L "'"'t'~"TV ....Reporting Ofjio~'

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"J\~Form - SSPD-20.1

Reporting Officer's Narrative I Describe in detail all actionsby the subject (by words or conduct)a~dyour reaction(Use additional forms ifnecessarvï 1 level of responseto protectyourself lathers and/or control the subJ~ct.

TV/Jeofforce used: D Physical D Canine D Chemical DImpact DHandgun E(Other firearm1222:08/03/2008 05:50 - While on foot patrol on Caroline st. officers were standing at the corner of Caroline St.

and Maple Ave. I hear what appeared to be gláss breaking and observed a large crowd start to form in front of

Gaffney's. Myself, Sgt. Tetu and PtI. Baker started to walk up the street when employees of Gaffney's started to

point at a subject walking up Caroline St. The employees of Gaffney's started to follow a white male wearing a

white and blue striped polo shirt with blue jeans on. Officers stopped this subject, DANIEL ROWE, in front of

Es[!eranto's. A witness from Gaffneis, ERIC VANTRIN, stated to officers that Mr. Rowe had just [!unched out a

window on the door to the dining room. Officers then observed the broken window on the door and attemQted to

place Mr. Rowe into custod~. Upon officers placing their hands on Mr. Rowe he immediatel~ became violent

towards officers and refllsed to go down to tbe gmllnd and reft Ised to place bis bands bebind bisback Officers

did æzantually get Me eOlAledown on tbe gcollnd and bis bands handcuffad lipan placing Mc Rowe to bis feet be. .

again started to become 'dolent towards officers by kicking at all us and thrashing his body in an attempt to get

affiGer to r.eleasetheir grasp on him. Mr. Rowe was aga¡"npiaGed Ghestfirst onto the ground and given Gommands

te steFl fesistiA§. Mf. Rewe s§aiA staFteé te lI;iel~at e#ieefS '.'tAileeA tAe §FetlAé at 'v'<fAieAFleiAtI Fltllleé ffiy taser

and delivered a drive sttll1 to Mr. Ro~~e'sbael~.Mr. Ro~~estopped briefl~ arrd tiieli start to slam liis O~~II forellead

irrte tile pavsment Oll ealolille St. sevei al tirrres cat;lsillg a lal ge lacel atton to hts head: MI. Rowe was lifted to hts

feet and qOiCKlyescorted to marRed nmt zJ::2 18. Mr. ~owe again started tö KiCKat officers at wt¡ict¡ point I deliV'ereá

asecona anve stun to Mr. Rowe's stomacñ. I ñls causea 1V'lr.Rowe's legs to gef weaK ana sfarr to arop fa me

grouna. Opon removmg fFiefaser from IVlr.Rowe Fierefusea fo gef mSlae 4218 ana officers Fiaafo pFiyslcallyforce

him into the vehicle. Upon getting his body into the vehicle Mr. Rowe attempted to remove himself out the other

side. Mr. Rowe was told to stay inside the vehicle and stop fighting. Mr. Rowe then began kicking at the door that

was closed at his feet. PtI. Wilson opened the rear driver's side door and Mr. Rowe started to kick at PtI. Wilson.

PtI. Wilson drew his taser and delivered one cycle into Mr. Rowe which caused enough compliance to remove him

from Caroline St. While at HQ Mr. Rowe was immediately taken to the cell.blocks where his was placed inside.

When Mr. Rowe was placed inside the cell block he began to slam his head again into the metal bars causing

another laceration. EMS responded to HQ where Mr. Rowe was placed into an ambulance and taken to Saratoga

Hospital for treatment. Mr. Rowe was highly intoxicated 'and extremely violent towards officers throughout the

entire arrest. Mr. Rowe kicked at officers several times as well as .at the police unit.

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Officers Signatur~/ -: r>:: Date: ~8/3/2008 I¿--d .~ç .. l/. - -4"

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Routing: Reportmgofficer forwàrëíToïñVestIgatmgsupervisor/.Page S of Jpages

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Fonn - SSPD-20.1

·1·· ..·..rz···..···..····..· · ·'1Date. , ..Y:pSJ.Y. l

Reporting Officer's Narrative IDescribe in detail all actions by the subject (by words or conduct) ~d your reaction(Use additionalforms ftneeessary) / level of response to protect yourself / others and/or control the subject.

Type offoree used: D Physical D Canine D Chemical D Impact D Handgun E:"'Other firearm0606:08/03/20081805 - Officer responded to Caroline for Sgt Tetu calling for assistance. Officer obseNed a

large mass of people gathering in the center of the street. I applied the air horn of my patrol unit which caused

some of the crowd to move to the side of the street. This revealed Sgt Tetu and Officer Arpei try to subdue a

combative male on the ground, later identified as Daniel Rowe. As I ran up to the Officers, the large crowd was

starting to move closer to the Officers dealing with Rowe. Rowe was thrashing his body around and driving his

own head into the street, causinq a laceration. Myself, Sqt. Tetu , Officer Aroel , and Officer Baker had to

Rhysicallv walk Rowe up to my vehicle as he was beinq combative and fiqhtinq with Officers. Rowe refused to

get inln the back .. at QI tha patrol ",hiola and had tQ ba pbYSically put iQto the bookseat ;::='::~~the back saa! Bowe smded In kick at me and exil the \lßhicle Atre, several wamiDgS to.st ~ . i. i. tee :~"u,oycIe of my r:.sei#1 lo RO"'e . RO"'e beco",e co"'pliant enougb lo be traosporled ta He< ;~::==,Rowe be",,,," Go"'ba"", ","',iog to get io tbe Gell Ro"'. ,ta<lod to figbt '''itb ottiG.", .;d : t. e.*-_-:~~"" .S§t MiteÀell """miHed aH iAjury te Àis loft ÀaHd. WÀile iH tite eell Rowe ste"ed te ~~ H~~::

agaitl5t the cell deeF causiAg aAGtheF laceFstieA. EMS was ceAtacted aAd Rev,'c was tFaAspeFted te tf:v _.~

Routing: Reportmg officer forward to mvestlgatmg supervisorOÇf-1.<tç:-.:r .....VIA. ;..J \ ....è)':r.-....

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Page _ ~ _ of í pagesForm - SSPD-20.1

USE OF FORCE REPORT Part II A (Incident Investigation)- '"Narrative of: D Investigator D Witness Police Officer D Other:

f"'I ... .,f ~"~, ,~-I (H .ry" AU ri ... >rrlli...~t i... f"rI ...f ~. ,....~"~~ ,,~ D~" ~~.~~+~I~ ...~with Sgt. Tetu and officer P. Arpei. We were walking westbound on Caroline St. up the hill in an attempt to locate

~ C::I,hi"rt who h~rl hrnkAn n~rt rlf thA rlrlrlr tri ~ "" , ThA c::"hi""t later identifled ~c:: n~niAI RrlWAwas found in front of Esperanto's Rest. Rowe was a white male approximately, 30 years of age and had a large

build. Upon aooroachíno Rowe he was visiblv aaaitated and hichlv intoxicated. Prior to officers even beina able tospeak with the subject he started to fight with officers and was immediately brought to the ground by myself and

, Sgt Tetu. As Rowe was brought to the ground Sgt Tetu had told Rowe multiple times to stop resisting and to givehim his hands. Officer P. Arpei was also assisting with subduing Rowe. I placed Rowe in handcuffs as Sgt. Tetu

held Rowe's right hand and I held his left hand. By this time a large crowd had gathered around the scene. Thecrowd was tOld to ensperse rnuüíple -Umes Py orneers wrncn seemed to have no etteet. orncer tsarrett aTong wTIff

Jupiter and officer P. Veitch along with his canine, Agbar, arrived on scene and got the crowd to disperse and

nive officers roam to deal with Rowe. After handcuffina Rowe officers attemnted to fift Rowe tohls feet and Rowebecame even more aggitated and continued to fight with officers by kicking officers, Rowe was brought to the

around aaain face down and told to stoo resistina.At that time Rowe beaaan to hit his own forehead on the, pavement causing a laceration to his forehead and continued to kick officers. At that time officer P. Arpei drive

stunned Rowe in the back with his Tazer, which did not seem to have much effect on Rowe. Officer M. Wilsonhad arrived on scene and was also assisting officers. Rowe was brought to his feet again and continued to fight

with officers. Officer P. Arpei then drive stunned Rowe in the stomach in an attempt to get Rowe to stop fighting,wmcn aqain Ola not S10p Kowe tram KICKIng or lIghtIng. xows was Drought 10 patrol unrt 4¿lö and was connnurrïq

to fight and resisting being put in the back of the patrol vehicle. The crowd of onlookers at this time had moved

UD the street with the officers and were told bv officers to leave the area and, aoaín officers Barrett and P. Veitchhad to assist in dispersing the crowd. Rowe had to be physically forced into the patrol vehicle and after he was in

the vehicle he attempted to kick the door and tried to exit the opposite side of the vehicle. Officer M. Wilson andmyself went to the driver's side door where Rowe's feet were, to put a hobble onto Rowe's feet. As we were

putting on the hobble, Rowe started to kick at officers and officer M. Wilson used his Tazer and fired at Rowe'schest area. Rowe Immediately stopped fightIng WIth officers and stated that he would not fight any more. Rowe

was then transported to HQ.,

Officers signature: i"~~ ./?/Ph I Date: c'?ßhy·p ~. '. ~.A ." r: >£ 7".'-/

Routing:/

Reporting officer forward to investigating supervisor· <1 fh.(f;-j'L. ~ ...."3 p..¡,:::F>-f-

Page ~ of ~ pages Fonn - SSPD-20.1

USE OF FORCE REPORT Part II-B (Incident Investigation)Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witness

statements and medical reports, if any. Describe all evidence secured(continue on separate sheet ofpaper ifnecessary) and its storage location.

On 3 August 2008 at approximately 0124 hours I was standing on Caroline Street with OFFICER P. ARPEI and

OFFICER A. BAKER. I heard the soynd of glass breaking and observed an unknown white male wearing a

white shirt with blue stripes running from Gaffney's Bar up the hill towards Broadway. He was being followed by

staff members of Gaffney's. The subject was later identified as DANIEL ROWE.

, We attempted to talk with Rowe and he immediately attacked us by hitting us with his closed fists. We

restrained Rowe using hand techniques bringing him to the ground and handcuffing him without any injury. We

were in the middle of Caroline Street surrounded by a large crowd of approximately eighty to one hundred.

people. The size of the crowd continued to grow. Some people in the crowd began to chant "Police Brutality,

Police Brutality! I heard a male volceln the crowd close to me yell "We can save that guy, there are only three

cOQs, we can take him!" The crowd started to close in towards us. The crowd was given multiQle commands to

disQerse but did not. I advised Officer Baker and P. ArQei to use all force necessaCt to Qrotect themselves and

our prisoner. I called fQCªII avªiIªble units to rel2¡;lond. SimultaneQusl~, Rowe cootinued to ªggœssivel~ fight '

with I)S hy attempting to kick, grah,hand hllÍt, spit and hite at liS We were ahle to control his movements while

on the gral Ind

MYltipls officsrs arrivsg on scsne to assist. OFF/CER BARRETT with POliCE HORSE JUPITER ang

g¡;;:¡;;:IGéR ¡;l. Vél:¡:GFl witA GMJI~Œ AG8AR assistee in SFswe ssntFeI ",."Ailewe ',','eFeatteFAf3tin§ tø SeSI:IFeRewe

ifl a ¡:latFei \tel9iele.

II I II I lediately upon beillg lifted from ti le giOtIl Id ROQQeQiolelltly till ashed Ids body in all Otit of conf O/ II lal II rer;

We pot I lil II back OlI ti le gl 001 Id wi lei e Rowe Iepeatedly I lit I lis OWlI fol el lead OlI ti le' pavsi Ilei It catrsh Ig a

laceration. ~owe was screaming and yelling. I ordered C)fficer fl. P\rpei to deploSl rrts jaser, poll off ttle

cañnage ana anve stun Rowe for comp'llance. Officer P. Ärpel anve stunnea Rowe twice on AIS BacR. Rowe

conbnued to tight all the way to the patrol vehicle located on Broadway at Caroline Street..-

We attempted to place Rowe in patrol vehicle 4218 where he refused to, get in the vehicle. We used Torce by

picking him up and setting him in the back seat. Rowe continued to fight by kicking and spitting at officers.

Rowe attempted to crawl out of the passenger side of the vehicle. Rowe was given commands to comply.

, Rowe continued to fight. OFFICER WILSON deployed his Taser and gave his verbal warning to comply. Rowe

continued to fight. Officer Wilson deployed the Taser using the cartridge. The prongs struck and stuck on

Rowe's left side of his body. Rowe complied long enough to close the doors to the patrol vehicle. Rowe was

transported to HQ for processing. ( C<:>¡.yI- ..... ,,-"-,,0( ,-..!:.~ )

Reporting supervisor's '.\ '" I Date:rank & sianature: ?r!fb-c ~'O'l "1 ~(,- U"'e"""b"

.U ..Routing: Investigating supervisor forward all associatedreports to Assistant Chief of Police (Training Unit) \I 'Z

Form - SSPD-20.1Page ~ of ~ pages

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,/ USE OF FORCE REPORT - I:>

Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witnessstatements and medical reports, if any. Describe all evidence secured

(continue on separate sheet of paper ifnecessary) and its storage location.

Rowe is approximately 5' 09" tall weighing 180 lbs. Rowe smelled of alcoholic beverage. He acted violently

toward police. His explosive strength andviolent actions are corisistent with someone witha mental disorder

and or a combination of someone who consumed narcotics. He acted like an irrational animal without any

regard for anyone's safety to include his own. Rowe's persistent attacks towards police in combination with a

large unruly crowd made the incident very unsafe for the officers.

Repeated verbalization for compliance by Rowe was 'given but ignored. All injuries to Rowe were self inflicted.

Responding officers acted in compliance with General order 20.1. '"W /~t1

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,Reporting supervisor's/~~,

$<3( I Date:¡ ~<{- ~?;rank & siznature:

Part II B (Incident Investigation)

Routing: Investigatin~rvisor forward all associated reports to Assistant Chief ¿fPolice (Training Unit) Zí2Form - SSPD-20.1Page ~ of ~ pages

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USE OF FORCE REPORT Part III (Training / Command Review)

Training Unit Recommendations (continue on separate page if necessary)

Of6;o g.Signature of Assistant Chief of Police:

). ZïZZ.

Trainers signature: Date:

- '- ---

Date:

Review/Recommendations by Command Supervisor: (continue on separate page if necessary)

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Signatut./tio~ç.o.mm.,and~u;pe 'or~) Il' ! l / .L.r~( . ¡;/. "J . t-t TY l)(u--7 .' /:;:6

Date:. / _l5Z1/;;-/ft

Signature of Chief of Police:

Command Supervisor Recommendation: check all that applyD Continue Investigation -- TOT: _=- _

~CBI-appropriate use afforce D Formal Review BoardD Training deficiency noted . D Disciplinary ActionD Counsel/Retrain Officer D Other:D Policy failure noted

Final Disposition: check all hat a lIVLICE DEPT,~. Closed by Investigation / appropriate force used .D General training deficiency identified / addressed[] Officer was counseled and retrainedD Disciplinary action has been commencedDOther:

Routing: Training Unit; to Command Level Supervisor; to Chief of Police,

Page --1r.. of <jf pages Fonn - SSPD-20.1

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E-mail: /~ n')(' ..'(),~ Äc"Jcc. c ,;.,/..('r;; ,,. ;-~,I' UJ ,-.J

Dept Address: S Lo.l f .-4ve

SUPERVISORY TASER@USE REPORTi /JI "

Date/Time: gjrlv:r J.' Z i/ Co.,...., TASER Officer's Name: ! ¡ft;·; f Aro.,:>-,~''-'"I#'-1'''''-----':'':''':::..:w.~ i

Department: J2?fG iocr. S;')N/) C '; l-=?'\U I 'vPhone: ') ~ if - I :Tl' Ci

OnScene Supervisor: S'o ~ . T.?~ '.J afficeres) Involved: /J¡ L, 3c ¿pr /0/, (:.;,''¡So,~'J

TASERMadel (check one): ~TASERX26 _ADVANCED TASERM26

IfanA.I?V ANCE TASER M26 Was Used, What BatteryType: _ Alkaline _ NiMH

Air Cartridge Type(s): _ 2I-ft Standard _ 21-ftXP _ IS-ft (S.S;'-i

TASER Serial #: xcv $~ (í2 él...{" Medical Facility: ..1re.:l "" c !Id':;; 4Doctor:u v -----------

. . , í\ 'Nature of the Call or Incident: ;:,)71. Charges:(i-,y>'\ 1~7(sO:~í Booked: ~)/Nv l:, ö'S D ,cler /y foncluj

Type of Subject: ./ Human _Animal £ê"S{s-J,,'j Arr-p.,S,)

Location of Incident: ( ) Indoor (v(outdoor ( ) Jail ( ) Hospital

Type of Force Used (Check all that apply): ( ) Physical ( ) Baton ( ) Impact Munition. ( ) Chemical ( ) Firearm

.:I.,

Nature of the Injuries and Medical Treatment Required: _

,Admitted to Hospital for Injuries: ~ Admitted to Hospital for Psychiatric: yQMedical ExamQ/ N Suspect Under the influence:~ Drugs (specify): _

Was an officer/law enforcement e~loyee injured other than by TASER? Y@Incident Type (circle appropriate responsees) below):

~~ "

~j Suicidal Suicide by Cop Violent Suspect Barricaded Warrant Other

Age: 3 i Sex: rY) Height::) 9 Race: LJ fl Weight: ¿GD

TASER use (circle One):@Failure Suspect wearing heaving or loose ClOthesWN

. Number of Air Cartridges fired: t) Number of cycles applied: Z-Usage (check one): ( ) Arc Display Only () Laser Display Only ( --trASER Application

. 'TASER: Is this a dart probe contact: Y fij) Is this a drive stun contactQ N-Approxiniate target distance at the time of the dart launch: feet

Need for an additional shotQ / NDistance between the two probes: ~ inches

Did dart contacts penetrate the subject's skin? Y.@

Did TASER application cause injury: Y @Probes removed on scene: y @If yes, was the subject treated for the injury:y@

DESCRlPTION OF mJURY:

SUPERVISORY TASER@USE REPORT

Date/Time: 11'3 lo'? niH" TASER Officer's Name: r.J-t- vL-+tt4.J 1J:LsC/\

E-mail: Department: SL....r"-~<.. SQ'~Ç"'

Dept Address: f: LAv-Vi.. AI/t:', Su.;.+V", S'p.,"'sc" .

On Scene Supervisor: $,+ ·Te.~ùI S;;f J M.J4dPfñcer(s) Involved:P-Ji. p. f-l~Pe.t

TASERModel(checkone): X TASERX26 _. ADVANCED TASERM26

Phone; SIÇ--n-'(-l~~,.}

. ßc.ke...-- ß...rr{U, P,. ve.'kh, eJ,•.;,-sl, ./Se,ss.e.\';N\c....-..

If an ADVANCE TASER M26 Was Used, What Battery Type: _ Alkaline _ NiMH

Air Cartridge Typees): _. 2I-ft Standard _ 21-ftXP _15-ft

TASER Serial #:'{Di)·· s3c('( 7 { Medical Facility: Doctor: _

"1\

Nature of the Cail or Incident: .D~ Ce:;'/\. Charges: AS5;c;.úi'¡ ,;r'~ .Booked:& IN'ObS1.';vc.~_~ (,.....>V' 1\0•..1\ ÙIsLu-'\

Type of Subject: LHuman _Anirrial Ru."çl-'\"'J Arr~s+ cr ». r\:sc.I,.:.l!~?,I'J

Location of Incident: e ) Indoor C)jOutdoor ( ) Jail ( ) Hospital

Type of Force Used (Check all that apply): ¥physical C ) Baton. ( ) Impact Munition () Chemical e ) Firearm

Nature of the Injuries and Medical Treatment Required: L UA). '0.1\ S P hc.¿,Admitted to Hospital for Injuries: fi) ~ Admitted to Hospital for Psychiatric:' y Ic€)Medical Exam: Y I N Suspect U~der the inf1uence~Drugs (specify): _

Was an officer/law enforcement employee injured other than by TASER?(jIN

Incident Type (circle appropriate responsees) below):

~ Suicidal Suicide by Cop ~nt S~~arricaded Warrant Othero I . .IÍ z-I if "

Age: ~ Ic '. Sex:--LL Height: Q 9 Race: U /I Weight: 020 D

TASER use (circle one):é"c~~Failure Suspect wearing heaving or loose clothes: y IV. Number of Air Cartridges fired: _.l....(_. _ . Number of cycles applied: _-<-1_--:-_Usage (check one): ( ) Arc Display Only () Laser Display Only C\J TASER Application

'TASER: Is this a dart probe contact:ø/N Is this a drive stun contact: Y r§JApproximate target distance at the time of the dart launch: _-"6<",,'=- __ feet

Need for an additional shot? Y lØProbes removed on scene: y;j}

Distance between the two probes: /7 inches

Did dart contacts penetrate the subject' s skin? fj I N

Did TASER application cause injury: Y /i!i5 .JIf yes, was the subject treated for the injury: Y IN

DESCRIPTION OF INJURY:

:• z,

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MemoTo Lt Quattrini

Capt. Biss

Fri, Aug 15,2008Case 02609-08

FromDate

SubjectLinda,

Can you check to see if there might be any additional witness' that sawthe combative behavior and actions of Rowe during said incident. Alsowere any pictures talœn of him or Sgt Mitchell? 'Thà.rAIl

Capt Biss

":"f;t,".,... ;.wA

"

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POljce+i~~,'j";'~;;~~;}~;y,enueSaratoga Spúngs,.,NY r48~6-2298

,518-584-1'800 x-526518-584-17.44 Fax

Web Site,SanatogaPoUCe,orge-mail: rrib.i~s@saratqg?police"org

'''M':(:;¡,;.¡,,;-eJ.J».tf..'!.}i;.~'

..

~l.Agency 2. Division/PrecinctSa:-o¡·toga Springs Police 501 NY04S01007. Report Day 8. Date 9. Report Tim Occurred IO. Day II. Date 12. TimeSun· Aug 3 2008 01:24 On/From: Sun Aug 3 2008 01:2416. Incident TypeDISORDERLY CONDUCT

b. nCI ent l o.

SS-016531- O 8

17. Business NameGAFFNEY'S RESTAURANT

Occurred 13. Day 14. DateOn/From: Sun Aug 3

15. TimeOl: 24

19. Incident Address(Street No ..Street Name.Bldg. No.,Apt. No.)16 CAROLINE ST

sFF!;!NOLf¡if! i:®œ.¡¡ïi;\I;P;y,;

18. Weapon(s)PERSONAL WEAPONS

B.

IA. 14

1 PL

20. City.State,Zip(QIlC DT oV) 21. Location CodeSARATOGA SPRINGS 4601

2 PL

23. No. of VictimsC.

145.05 -2 E F 3 O CRIMINAL MISCHIEF IN THE THIRD l l -240.20 -l O DISORDERLY CONDUCT l 24. No. of Suspects

D.26205.30 - A M O RESISTING ARREST l l

26. Victim also complainant Q9YDNE.

PL

CA TETU, JASON5 LAKE AVE SARATOGA SPRINGS, NY 12866 BUSI------ __IF.

RES. (518)584-1800CV ARPEl, PATRICK

27. Date of Birth 28. Age .ex . ace . ¡C • an reapQgMDF QgWhite OBIack oOther oHispanic DUnk. []YesOU Indian Asian Unk. Non-His anie QgNo

5 LAKE AVE SARATOGA SPRINGS, NY 12866- I.:B:.:U'-=S --IG.RES. (518) S84~1800

. est ence ítatusDResident []TouristDCommute Milita

emp. es.- oreign at ..Student QgOther.Homeless UnkINot Indicated

J. 00

VI GAFFNEY'S, BAR16 CAROLINE ST SARATOGA SPRINGS, NY 12866- BUS¡--------~H.B

RES ..VANTRIN, ERIC

16 CAROLINE ST SARATOGA SPRINGS, NY 12866- ¡.:B:,:U:..:S .,.--II. 4RES.

WI

4S. Occupation

___-1M

.

/ ..~'-"'\ /-~(l --!(~\\r:--...~........./'/ \ \ )I ¡[-l l \\ /7

1.000GAFFNEYS 04 49WINDOW

60. Vehicle Status 61. License Plate NoFull O 62. State

Partialo

63. Exp. Yr. 64. Plate Type· 6. aue400.00

66. Veho Yr. 67. Make 69. Style

71. Colorïs) 72.TowedBy: __

To:e uc e otes

74'1222:08/03/2008 05:50 - While on foot patrol on Caroline St. officers werestanding at the corner of Caroline St. and Maple Ave. I hear what appeared to be

glass breaking and observed a large crowd start to form in front of Gaffney's.Myself, Sgt. Tetu and PtI. Baker started to walk up the street when employees of

polo shirt with blue jeans on. Officers stopped this subject; DANIEL ROWE, inof Gaffney's started to follow a white male wearing a white and blue striped

Gaffney's started to point at a subject walking up Caroline St. The employees

82. Status DOpenDVict. Refused to Coop.DCBI O Juv. - No Custody

QgClosed(ifClosed, check box below). DUnfoundedQgArrest oPros. Declined O Warrant Advised ,DArrest-Juv. DOffender Dead. DExtrad. Declin OUnbrown Aug

13

front of Esperanto's. A witness from Gaffney's, ERIC VANTRIN, stated to officers 12

75.Inquiries(Check all that apply). 76. NYSPIN Message No. 7. Complainant Signature PATRICK ARPEIDDMV. QgWantlWarrant DScofflawQg Crim. Histo S Other

Rowe into custody. Upon officers placing their hands on Mr. Rowe he immediatelyOfficers then observed the broken window on the door and attempted to place Mr.

that Mr. Rowe had just punched out a window on the door to the dining room;

7

80. Supervisor's Signature(include Rank) SI. ID No85. l

Pageof.2

Pages

78. Reporting Officer Signature(Include Rank) 79. ID No1222 PTL ARPEI

312008

84. NotifiediTOT83. Status Date

Printed: 08/07/2008- '

Saratoga Springs Police DepartmentINCIDENT REPORT (continuation page) Page 2 of 2

,.~I------~--------am--=-----------~~----am----~--=œ--a. __=-__aa__m. EB__œ. =-__-= Dmma a. __mœ

INCIDENT No.: SS-02609-08 BLOTTER/CC No. : SS-016531-08================================================================================

ADDITIONAL NARRATIVE================================================================================became violent towards officers and refused to go down to the ground and refused

to place his hands behind his back. Officers did eventually get Mr. Rowe downon the ground and his hands handcuffed. While officers were on the ground withMr. Rowe a very large crowd started to form around officers and the same crowdbegan to close in on officers. Sgt. Tetu immediately radioed to dispatch thatofficers needed all available units to respond to Caroline St. for crowd control

and because of the violent behavior of Mr. Rowe. Even upon all officersarriving on scene the crowd was still growing and it finally took policevehicles at both ends of Caroline St. along withPtl. Barret and Jupiter andPtI. Veitch and K-9 Agbar. Upon placing Mr. Rowe to his feet he again started to

become violent towards officers by kicking at all of us and thrashing his bodyin an attempt to get officer to release their grasp on him. Mr. Rowe was againplaced chest first onto.the ground and given commands to stop ,resisting. Mr.Rowe again started to kick at officers while on the ground at ,which point Ipulled my taser and delivered a drive stun to Mr. Rowe's back ..Mr. Rowe stoppedbriefly and then start to slam his own forehead into the pavement on Carolinest. several times causing a large laceration to his head. Mr. Rowe was 'lifted to

his feet and quickly escorted to marked unit 4218. Mr. Rowe again started tokick at officers .at which point I delivered a second drive stun to Mr. Rowe'sstomach. This caused Mr. Rowe's legs to get weak and start to dröp to theground. Upon removing the taser from Mr. Rowe he refused to get inside 4218 andofficers· had to physically force him into the vehicle. Upon getting his bodyinto the vehicle Mr. Rowe attempted to remove himself out the other side. Mr.Rowe was told to stay inside the vehicle and stop fight~ng. Mr. Rowe then begankicking at the door that was closed at his feet. PtI. Wilson opened the reardriver'S side door and Mr. Rowe started to kick atPtl.Wilson. PtI. Wilson drew

his taser and delivered one cycle into Mr. Rowe which caused enough complianceto remove him from Caroline st. While at HQ Mr. Rowe was immediately taken tothe cell blocks where he continued to fight with officers. Mr. Rowe needed to bephysically restrained and physically forced into the cell blocks. While

officers were attempting to restrain Mr. Rowe Sgt. Mitchell sustained an injuryto his left hand causing immediate pain and swelling. When Mr. Rowe was placedinside the cell block he began to slam his head again into the metal barscausing another laceration. EMS responded to HQ where Mr. Rowe was placed intoan ambulance and taken to Saratoga Hospital for treatment. Attached is astatement from Mr. Vantrin of ~r. Rowe breaking the glass.================================================================================

ADDITIONAL OFFENSES(s)

Off # ILawl Section ISubdiv ICL ICat IDeg IAtt I 'Name af Offense================================================================================

ICtsl--------------------------------------------------------------------------------41PL I 195.051-SlpL I 12Q.OSI-3

lA 1MID IF

I I O lOBSTRUCTING GOVERNMENTAL ADMINISTRAI 1 II 2 I O lASSAULT IN THE SECOND DEGREE/PREVENI 1 I------------------------~-------------------------------------------------------

.' ,f

rLL~~ÇU. VO/VI/¿VVO ........-:l.lo,).L:.I ).J V.,¡; or .I...J,I..;.¡J.'J.';':'.L~ .1.~.L..I J.'i.c-:u."\.,l,"\"",,""J..1,..L. v.:.:a "".:.:ar v&t. ... ra~c:; .L

Narrative #: 1Officer Rank/Name: PTL MATTHEW R WILSON

Department: saratoga Springs Police DepartmentDD Number :

Case Number.: SS-02609-08Blotter/CC #: 8S-016531-08

0606:08/03/2008 04:40 - Officer secured taser prongs and cartridge.and forms to be completed tomorrow.

Case supplement

Signature


_ ..,....'-/-, "

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;<~::~:-~"<-_.) ¡~--=../ ~\ //<c:»: lJ U

Gl ARREST REPORT JiJil...• _ •• __ oNY8756023N 63107566N SS-02609-08;.:;".

~-No. 6. Arrest No. 7.Agency 18. Division/Precinct.47499GDB6 SS-00575-08 Saratoga Springs Police D~partment9. Name(Last,First,Middle) IO. Alias/Maiden Name(Last,First,Middle) ll. Phone NumberROWE DANIEL A

: 12. Street Number and Name, Building No.,Apt.No. /13. ~ity ~S~~te,Zip (CO TO V~) fI4: ReslOence ./¡D. riace of BUchI- OI%l Resident. D ForeignNon-ResNEW HAVEN, CT:~

Non-Resident ñ Unk,,; ,,; 16. Date of Birth 17. Age 18. Sex r /19. R~ce ~ White O BlackO Asian /20. Ethnie ~ Non Hispanie 21. Skin ~ Light DMediumffi~ 31 ~M OF O U OIndwn O Other O Unkown OHispanic O Unknown ODark DOther OUnknownI!. O22. Height /23. Weight 24. Hair 25. Eyes /:¿~. Glasses R:'Build d/:¿Il· Mantal Status D COmInLawW. U.S. Citizen 30. Citizen Of~I!.c; O Yes Small 129 Med D Married ~ Single I R Separated Yes D No509 O BRO BLU IRINa OContacts Large In Divorcedn Widowed Unk Unknown3~S_NO. 32. Education 133. Religion 34. Occupation /35. Employed /36. Scars/MarkslTattoos(Describe)

16 ATHEIST DYes ~No LFT CALF-AMERICAN FLAG37. Arresting Officer /38. m NO./39. Assisting Officer /40. m NO./41. Arrest Date /,42. Time /43. Location of Arrest (C Qg TO VO)ARPEI 1222 TETU 2762 08/03/2008 01:24 CAROLINE ST SARATOGA SPRINGS~9.1'!. Juverule 14:J:-GondIlion ot Detendant At7\ITest 46. Weapon(s) at Arrest 47. Co-defendants Arrest No.øJ- I R·JUV-~oFulherProcess D ImpairedDrugs O MentalDisD AppNorm I I Ir~Yes No ¡j¡j Impaired Alco n InimI

~~ 48. Miranda /49. Miranda By ISO.MIranda Date 5l.Mir. Time /g. St~tements /53. Status. 54. Search Warrant /R.)!) frocedure. . OWntten O None OBalVROR Lme UpLI..

DYes IRINa nVerbal InParole Fi Probation nYes IJIINo None nShow usrt Photo:::56. Arraignment COUlt 57. Arraignment Judge 58. Date /59. Time 60. Property /61. Evidence 61a. Processed By 61b. DispositionCITY COURT MILLS 08/05/2008 09:00 DYes ~No DYes ~No62. Incident No. 63. Arrestee Status 64. Bail Amount 65. Bondsman 66. Photo No.D ROR D PoliceBail ~ HeldSS-016531-08 I n CashBail ¡= BailBond n Appn rr Fi ReIto 3rdParty67. Arrest Type 68. Warrant No. /69. Arrest FOA 70. Other Agency 71. F/PlTakenDpwDrw OSUM~CIP DCOM!'

DYes ~No ~Yes DNaInopnFc nVOPnBW ñAW nOTn.Location ofOfiense (COTOVO) 73.0ffense Date /74. #Offn'drs T75. # Viet. 76. Return Court /¡77. Return Judge r8. Return Date /79. Time16 CAROLINEST

08/03/2008 2 CITY COURT MILLS 08/05/2008 09:00SARATOGASPRINGS NY SARATOGASO.Defendant/Case TOT Agency ~o,. Officer's Nom, 80b. mNo

/81 ;;J82 D,to::O

~wj: PL 145.05 -2 E F 3 N CRIM MISCHIEF 3 2 9 9 9 NO g:g .~o:cS~ PL 240.20 -l I N DISORDERLY CaND 5 3 l l NO §t#;-O

OTHUu.

§ A.PP:; PL 2'05.30 - A M N RESISTING ARREST 4 8 O l NO UTT

OTHOBST GOVR ADMIN 2 A.PPPL 195.05 - A M N 5 O 9 9 NO UTT

OTH

§APPPL 120.05 -3 D F 2 N ASSAULT 2 l 3 9 9 NO . g:J{¡

§~ OTH84. Person Type OT=Other SP = Spouse CD = Co - Defendant se = School PO= Parole Officer VI=Victim RE = Relative RP = ReligiousPerson.

~ S CA TETU, JASON 5 LAXE AVE SARATOGA SPRINGS,NY 12866 (518) 584-1800"-1 -

c..!;¡: CV ARPEI, PATRICK 5 LAXE AVE SARATOGA SPRINGS,NY 12866- (518) 584-1800ê~ VI GAFFNEY'S,BAR 16 CAROLINE ST SARATOGA SPRINGS ,NY 12866-<co-LLo16:5= WI VANTRIN,ERIC CAROLINE ST SARATOGA SPRINGS, NY 12866-/J)

/J)<C

85 3037:08/03/2008 12:19 - 4rraigned 08/03/2008 at 12:00 hrs.1839:08/06/2008 11:21 - Adj. to 8/12/08.

LI-I;::.¡::

~ -__ o

-,..... _, ., ,......... -...ct" ~f r-r- -, ') \\ /)= .. : '-.... \ \ /._- )(

86. Arresting Officer's Signature I87.ID No. ~s.SupervIsors :SIgnature 89. IONo. 94. l1222 PTL ARPEIPage90. AlTest lvlade as a Result of A SAFIS Latent Print identification?

.191. ofDYes DNa DUnknown 92. 93. Pages•

- ------------- -------------~---------------------------- -------------- ------------------------

I

IIIIIIIIIIIIIIIIII

I~NI)()I~,

.. S·(~l'NSI~(~l'I()N .

IIIIIIIIIIIIIIIIII

USE OF FORCE REPORTDaté ofoccurrence: 4/.1/2009

Blt#SS-007306-09

Case#SS-00934-09


IncidentLocation: Caroline St.

Arrest # Control #SS-00271-09 .1M -07

__ _ k _ "_ ,.{

_._- - ~,~-~~--

Address:

Race:WH

Sex:M

Name of suspect:Shawn Shannon DaB:

telephone #

Reporting Officer:PtI. P. Ar ei ID#

1222Assignment/,.

. Patrol /Witness Name

D¡;M8f!..P.. .ADfJr-~,Witness address TelephorIe #

¡

Other O(ficers at scenePtI. S. O'leary

ID#2477

O(ficer injured before or after/orce? briefly describe injury

PtI. Braim 0992.PtI. French 3041

Describe suspect injuries prior to and after force was used:

Did suspect require medical treatment? D~sWo Medical treatment D EMS

roviders: D Hos italD Other - (add in

narrative)Name of attending medical providers Address of medical treatment provider Phone#

Suspect taken to Hospital D AdmittedHos ital b : Action: D Treated and released

¡....::.:=s:..:u=sp::..e.::..ctl....:'~s-co-n~d::-it-:-io-n-a-t-ti:-m-e-o-:f::-:f¡:-or-c-e-:--;::D:;-A-:-pp-e-a-re~d:-n-o-rm-al~---..:..:c:--"-'-;;.;;...-,D Refused treatment _(see below)

D ~ad been drinking D Other - (describe in narrative)mntoxicated by alcoholic beverage

I-L-is-tI-n-v-es-t-ig-a-to-r(-s-)-as-s-ig-n-e-:-d,~i-:-f-an-y-:---'D Under influence of drugsD EmotionallylMentally disturbedD Other (explain in narrative)

Was suspect arrested? 12(Yes Investigating supervisor(s) assigned:(attach co arrest re ort) D N:9~""'---'"\


13"Photo's D Diagram On sceneGI"Statements D Other /" supervisor(s):S t. Crooks, S t. Mitchell

Reporting o.~çe~igna~~·-.. ) .../' ...>. ~ , . /J ..~(.~".. ~.L-- / ß/

Approved by:

Form - SSPD-20.1

, "---;7'Page _1_ of _2_ Pap

f[,:t ...... 2. /~

~

·.•.".Reporting Officer's Narrative I Describe in detail all actionsby the subject (by words or conduct) a~dyour reaction(Use additional forms if necessary) / level of responseto protect yourself / othersand/or control the subject.

Type afforce used: D Physical D Canine D Chemical D Impact DHandgun D Other firearm.1222:04/01/2009 01 :12 - While on patrol in marked unit 4213 officers responded to Caroline St. near Clancy's bar

for a report of a fight in progress. Upon arrival Sgt. Crooks was already on scene and all parties were separated.

While officers were interviewing all subjects involved there was one white male, SHAWN SHANNON, who was

sitting on .the sidewalk in front of It's Confidential with his brother JOHN SHANNON. While officers were

attempting to determine the situation Shawn Shannon started to scream and yell profanities at officers and also at

the other subjects across the street. Shawn Shannon was. told several times to be guiet and refrain from ~elling

and using Qrofanities. Shawn Shannon would Quiet down temQorarily and then start to yell again at officers.

Shawn Shannon-was again told to cease from ¥elling profanities or he would be arrested. While speaking with

Sbawo bis brother John Sbaoooo startad to shake and convulse and appeared to be ba~iog a seizure Officers

immediately ceqllested .EMS to respond to attend to lohn Shannon Shawn Shannon began to gmw more

aggn¡¡vat@db@caus@he b@Ii@II@dthat EMS was not responding and h@b@cam@more aggravated .lMiththe

r-esponse time of EMS. Sha'liR Shannon again started to yell and .swear at officers. At that point officer attempted

to place Shavv'AShannen inte custody. VI/hen efficers attempted te grab Shawn Shannon he immediately became

physieally eonlbati<te with offieers and needed to be I'hysieaUy taken do'vvnto the grOtfnd. Shawn Shannon vvas

gigell sevet al cemmands to stop figlltillg arrd to Isrrrovs II.is Ilailds Ii 0111 nrrderrreath hhII arrd place them behind

hts baCK.5118wrl5118rlli0r1refused to compl)1wítn all of tile officers corrmarrds at Wllictl point I warned 5118wrl

Snannon tñat me taser woula l5eaeployea If ne ala not comply. Sf'iawn Snannon stili refusea to comply Wlm

officers commanas al wfilcfi pomI I aeployea laser ff. g mIo Sfiawn Sfiannon's lower BaCKfor ane full cycle. After

tile taser cycle was over SFiawn SFiannon was a51eto 50 placea into custoay ana transportea to Ra wFiere Fie

was celled pending arraignment.

/ .....-.) ~._.--=:J.". ...-..~.....

..... /. »: ".. I

Date: k/1 /2009 ...

~Officers signatur~:_.,? //'" ~~/ ~?/.:Y /~ ~_..-.-' _./ . .......~~.. ..~""",.'

Routmg: Reporting officer forwarCho"1!1?.estlgatmgsupervisor~~ .

Page_2_ of_2_ pages Form - SSPD-20.1

-aSE OF FORCE REPORT -Narrative of: D Investigator ß?\VitnessPoliceOfficer D Other:While on patrol in unmarked unit 4205, reporting officer was dispatched to' Caroline St. near Clancy's for a fight in

progress. On arrival, several officers were on scene and the parties involved were already separated. Two

subjects known to me as SHAWN SHANNON and JOHN SHANNON were seated on a bench in front of It's

Confidential and were being interviewed by other officers. While being interviewed, 'John appeared as if he was

havinq a seizure. EMS was immediatelv requested. At this time, Shawn stood UP, shouted profanities and was

told to stoo velline. Shawn sat back down on the bench. John then aot off the bench and laid down on the

sidewalk. John's apparent seizure aDDearedto be över as he now looked acted and socke normallv. Shawn-I ~n~jn !':tnnrl IIn ",nrl "h""torl ..

",t tho "ffil"'orc. ",t IMhil"'h tim", hA 'ú"'''' t"lrI th",t hA lAI"'" IInrl",r ~rr",ct

ho )I l/l/hAn nffj",,,,r,, . t" t", Iro C::h"'''tn int"",nrl h",rI t" fr'lrl"'ihh. h",

I f"L-"n ri""," f" ....- --- .~.-I II ...... :_ .:~_ ,_ .... ~ ' __ 1. ,,;... .."n.-l t" ",nno ,,< f ...." ,,+1':,, ___cr

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Officerssignature: PrL. ..J(cl {'J V ILGS ',De, s, ¡¿. IDate: 't /, /~CJ '1'"

Part II A (Incident Investigation)

Routing: Reportingofficer forward to investigatingsupervisor

. Page _L _ of ~ pagesForm - SSPD-20.1

•. ",~"-_.-~.. -'.''''''::."'._-- '.~-."- _:: '-~'. ,., '.:';'-';.."-:;; :::.j"':'_~:'~::'''''£:'~.-.. ::-;.c:_''"'.': ';::.~:-=,., .-, .• ;:. ,. "', ;.'~, ~:,-,;:.::._~ '.~':"~~.~f>".':....·,·,~:::·::-.".-:.·:~·~.,.-r.~'¡.·-.·.,· -..", •., ''''''''"':':.'"!.'I'''-'-:':''''''<''''''''.--.= - O'r,""":"""";'"

USE OF FORCE REPORT Part II-A (Incident Investigation)Narrative of: D Investigator GYW'itnessPolice Officer D Other:

Officer was dispatched to the area of Clancys for a report in progress. By the time I arrived the fight was over and

subjects were separated. Officers were checking all subjects for warrants when I noticed one of the subjects, later

identified as Shawn Shannon, start yelling at one of the other subjects across the street stating he was going to

kick his ass. He called him a mother fucker and an ass hole for attacking his brother and started to walk across

the street toward the other subject. They both walked toward each other into the road and had to be told to co

back. Thev complied but Shannon continued to veil and use profanities toward the other subject. Officer French

approached Shannon and told him to sit down or he would be arrested. He sat down but continued to swear. After

18fAW rriinlltp.<: •brotbar ' tn nn intn 8 <:t:>i7I,rt:>Srrt ' r.811Arlfnr FMShim ~h",,,tn ~ "ollorf <>t '''' t" nAt ::In i=lmh"bnl"'a <>nrf\Alatnlrl hi"., it ""''' I-la

It" \/011 ,~rI I +~'rI hirn t,..,ho ", ic+ rvr ho ""!I'rf h'; .1\.+ th",t n"int ~ fr ,rnarl ",nrf .,,,,'L orf t,..,•.,,,,~rf rnaI,,",j,"i...,, ,:~ h~"rI~ .-:z= . .., ~ ,,, ~ - , ç. '- ft. ._~, hi .......ho- -

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pena!ng arralgnmem .

.Officers signature: ~ fJ)èJ~ - I Date: ()Cí I ct1J/P-eloY

Routing:~

Reporting officer forward to investigating supervisorr I

Page_L_ of _1_ pages Fonn - SSPD-20.1

, ,

USE OF FORCE REPORT Part If. A (Incident Investigation)-Narrative of: D Investigator lEfWitness Police Officer DOther:

Officers were dispatched to a fight in progress in front of Clancy's. Upon arrival, reporting officer observed officers

breaking up a fight between the subjects. There were three subjects (later identified as ADAM DUNBAR, CARL

FUSCO and CHRISTOPHER l YO ECKER.) standing on the north side of Caroline Street. There were two

subjects sitting in chairs on the south side of Caroline Street in front of It's Confidential (now known to me as

SHAWN SHANNON and JOHN SHANNON). I approached Shawn Shannon and requested his ID. Both Shawn

Shannon and John Shannon were velline profanitv toward officers and the three subiects across the street. At

ane point Shawn Shannon veiled "l'rn colno to fuckina sue vou mother fuckers" at Dunbar Fusco and Lvdecker. I

Itnlcl ':::h<=llMn~ tn stnn Shawn ~ w;:¡s with nffir.p.rs

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nanas oeruno illS uacll.. vllawn ~nannon placea niS nanus unaer 111manu conllnually relusee lO comply wlm

oTTIcers commandS. At mat pOint ::;nawn ::;nannon was adVised ne WOUldbe tasea IT ne omm place niS nanas

benlnd niS back. PtI. Arpel tasea ::>nawn ::>nannon Mtlng nim In tne back. ::>nawn::>hannon compllea Wltn omcers

commands and placed his hands behind his back. Shawn Shannon was placed into a marked unit and

transported to Police HQ.

Officers signatUre: ( rÆ ' /J. f-~'~~S I Date: 4ff Ioc¡Routing: Reporting officer forward to investigating supervisor

Page _~ _ of _I _ pages Fonn - SSPD-20.1

"

USE OF FORCE REPORT Part Il A (Incident Investigation)-Narrative of: D Investigator ~ Witness Police Officer D Other:

Reporting officer responded to a fight call at Clancy"s bar. When I arrived on scene all parties were separated at

that time. I observed Pti French and Pti O'leary interviewing one of the individuals now known to be Shawn

Shannon. While interviewing Shannon he continued to used profanity towards officers and towards the subjects

that he was involved in the altercation with. I observed both Pti French and Pti O'leary advise Shannon to refrain

from usinq vulparity or he would be arrested. At this time Shannon stood up out of the seat that he was sitting in

and walked towards officer in a aqoresslve manner. At this time Shannon was advised that he was under arrest.

Shannon refused to olace he hands behind his back and had to be forcefullv taken to the around bv Pti Aroei Pti

IO'learv ::Inri mvself. WhilA on thA nmllnrl ~ IW;:¡!': nrunerous tima to ston .and tn nl;:¡r.p.hi~

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-¿' .....Officers signature: // .> I Date: 4-./ ~;)r.1

Routing:~~

Reporting officer forward to investigating supervisor

Page __ of __ pages Form - SSPD-20.1

USE OF FORCE REPORT Part II-A (Incident Investigation)Narrative of: D Investigator .:e{Witness Police Officer D Other:

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~ i ,. .Officers signatur~ ¡(~i: ,-);;;t;J--'~ I Date: ¡Il/r/o?

(..;"IRouting: Reportmg officer forward to mvestIgatmg supervisor /

Form - SSPD-20.1Page -L of L pages

A,g~¿;~'~"¡;~~~'É~-~o;;§F~F~OsRgCg'E~R~E~'P~O~ß~T'----~r-:-: -.:!:.P~a~rt:.:I~I~-B::.:...~(I~nc::id~e~nt~In~v~es~ti~ga~ti~on)/,//- Narrative of Investigating Supervisor:" Give a complete account of your investigation. Attach all witness

¡¢",< statements and medical reports, if any. Describe all evidence securedand its storage location.

tYo_ Jo I Date:l'1t.'1 le !

(continue on separate sheet ofpaper ifnecessary)

I responded to the area of Clancy's bar on Caroline Street for a report of a fight in progress. I was the first Officeron scene. Upon my arrival the subjects were separated and standing on the sidewalk on the opposite sides ofCaroline Street. Upon exiting my patrol car the 5 subjects involved started to come together in the center of thestreet at which time I separated them. Two subjects later identified as John Shannon and Shawn Shannon were

" standing in front of Its confidential. The other three subjects later identified as Adam Dunbar, Carl Fusco andChristopher Lydecker were standing on the sidewalk in front of Union Coachwerks. At this time other officersbegan arriving. During the investigation the Shannon brothers started yelling obscenities and attempted to crossthe street to approach Fusco, Lydecker and Dunbar. They were stopped and ordered back onto the sidewalk.The Shannon brothers were both intoxicated and had to be told more then once to calm down and stop yelling. Iwas standing next to Clancy's interviewing Craig Olsen a witness to the original incident when I heard theShannon brothers yelling again that they would "kick their asses". This action was causing passer by's to stopand a crowd to gather. I could hear Officers advising them to quiet down and stop yelling. I heard OfficerS.O'Leary advise Shawn Shannon that he was under arrest and then I heard a struggle. I turned to approach andassist Officer O'Leary. Officer O'Leary was attempting to handcuff Shawn Shannon who was resisting andrefusing to place his hands behind his back. I observed one handcuff on Shawn Shannon's left wrist but theofficers were unable to get his right arm behind his back. I then heard Officer P.Arpei advise Shawn Shannonthat if he did not put his arms behind his back that the would be tased. Shawn Shannon refused to comply andwas tased by Officer P.Arpei. Shawn Shannon was then taken into custody. During the incident John Shannon"was acting like he was in a seizure but immediately stopped the seizure as soon as his brother was beíngarrested and grabbed the leg of one of the Police Officers effecting the arrest. John then pretended to pass outwhile his eyes were closed he removed his cell phone from his belt and called his mother who I spoke to on hiscell phone. At this time the Fire department and EMS personnel were on the scene. Officer Braim secured thetaser cartridge doors and some ID tags and turned them over to me. I then responded to the station. OfficerArpei had àlready secured photo's of the taser impact site and secured the taser cartridge as evidence. Thecartridge was turned over to me by Officer Arpel and both the Cartridge and ID tags were secured in Locker # 1. Ido~nloaded the the photo's of the taser impact site to CD and Officer Arpei secured the CD in locker#2.

Reporting supervisor'srank & signature:) i-t ~t./" 2- "~

Routing: Investigating supervisor forward all associated reports to Assistant Chief of Police (Training Unit)

Form - SSPD-20.1Page __ of __ pages

Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witnessstatements and medical reports, if any. Describe all evidence securedand its storage location.

USE OF FORCE REPORT

(continue on separate sheet of paper ifnecessary)

Part II-B (Incident Investigation)

Officers responded to the area of Clancy's bar for a report of a fight in progress. Upon arrival, Sgt. Crooks wasalready on scene, and had separated all parties involved. While interviewing the parties, individuals lateridentified as (susp)Shawn Shannon, and (susp)John Shannon became belligerent. Officers advised them to quietdown while the investigation was being conducted. S. Shannon failed to listen and continued to yell and screamat officers and people walking by, and was told again if he didn't quiet down, he would be placed under arrest. S.Shannon refused to comply, and stood up from a bench and began walking towards the other party involved

. saying that he would kick their asses, at which point he was told he was under arrest by PtI. S. O'Leary. O'Leary,P. Arpei, and Braim attempted to place S. Shannon in custody and he immediately began to resist. O'Leary wasable to get pne handcuff on him, but he refused to give the arresting officers his other arm. Shannon continued toresist and was told that he would be tased if he didn't comply. Shannon continued to resist, and PtI. Arpeideployed one five-second cycle from the taser into Shannon's lower back. After the five-second cycle, Shannongave officers his arm, and officers were able to place him in custody without any further problems. Shannon wastransported to hq where he was processed and held. .Braim secured the taser cartridge doors, as well as some of the AFID tags and placed them into en evidence bag.Statements were secured from all parties involved, including the bartender at Clancy's. While at hq, the taserprongs were removed and secured from Shannon, and photos were taken. No medièal attention was needed forS. Shannon.

Reporting supervisor's S) 7 I ;11 I Date: .--::;/:3/{Jqrank & siznature: lc~í.L-1.I"" ~ V y~

/l 1

7 II I I !Routing: Investigating superflisar forward all associated reports to Assistant Chief of Police (Trai~g Unit)

Form - SSPD-20.1Page __ of __ pages

, .

,·1,

,/


RECEiV D

Training Unit Recommendations (continue on separate page ifnecessary) .-

--- -,7')

Signf,e.0j9mm.~ -- Supervisor:

L:tJ1rr. IèJrnSignature of Chief of Police:

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. ~.AA\I rt rt ,..,,.., gDat~~nI cc: LU

SARATOGA ;:;/-,I'< NGSPOLICE DEP

Signature of Assistant Chief of Police: Date:Trainers signature: Date:,_~ .r-~

~~ $"-2.2-0'1() L( ,?-1- '7 îd

ReviewlRecommendations by Command Supervisor: (continue on separate page ifnecessary)

r J_, fl

. fJ~ tVMrkJlJSd .o-atI~1 1Jef/a/!Ir7}c-1J7!A/bv,~~ ZlBir'

D~IJhq'Command Supervisor Recommendation: check all that applyDContinue Investigation -- TOT: _-:=- _

~CBI-appropriate use afforce D Formal Review BoardD Training deficiency noted D Disciplinary ActionD Counsel/Retrain Officer D Other:D Policy failure noted

Final Disposition: check all that applyŒf Closed by Investigation / appropriate force usedtiGeneral training deficiency identified / addressedD Officer was counseled and retrained .

-D Disciplinary action has been commencedo-Other:

Routing: Training Unit; to Command Level Supervisor; to Chief of Police.


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Date/Time: 4_/_1/_2_00_9_-,--_o', ~On Scene Supervisor: S_9_t._C_ro_o_k_s__

Taser Officer's Name: P_t_I_,'P_,A_rp_e_i_,._---, _

Officer(s) Involved: _P_t_1._O_'I_e_ary_,_P_tl_o_B_ra_im_,_P_tl._F_r_e_n_ch_

Air Cartridge Type(s): __ 2S-ft XP Taser Serial #: ----~------------XOO-424226

Location of Incident: DIndoor 0'Óutdoor DJaii OHospitai

Incident Type (check appropriate response(s) below):

~I Disturbance D Suicidal DSuicide by Cop ~ent Suspect DBarricaded DWarrant DOther: _

Nature ofthe Call or Incident: ------D-is-p-u-t-e--- _

Charges: Disorderly Conduct, Resisting Arrest

Type of Subject: ~man DAnimai

21 6~0If Human: Age: Sex: OM OF Height: _

Admitted to Hospital for Injuries: OVes ~'

Medical Exam: OVes ~

Race:_W_H_ Weight: _1_60_

Admitted to Hospital for Psychiatric: OVes 0rroAlcoholSuspectUnder the influence: Alcohol/Drugs (specify): __ ___,_-------

Medical Facility: -'- _ Doctor: ~ ~ _

Was an officer/law enforcement employee injured other than by Taser? : OVes ~

Taser use: r:(s~ccess DFailure Suspect wearing: D heavy clothes ~~se clothes

Numberof cartridges fired: 1 Number of cycles applied: 1

, For Taser Applications: Was this a probe dePlo~~ent? ~s DNa Was this a drive stun deployment? OVes ~'

Approximate target distance at the time of the probe deployment: 7 feet

Approximate distance between the probes: __ 1_0__ inches

Did probes penetrate the subject's skin? ~ D,No

/'Did Taser application cause injury? OVes Q'No

Need for an additional deployment? OVes

/'Probes removed on scene? OVes [2JNo

~'

If yes, was the subject treated for the injury? OVes DNa


APPLICATIQN AREAS(Place "X'S" where probes hit suspect AND "Q's" where stunned)

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VjV/' ./ \ -"',- x . /

( ( ,If!' r=;J L J!~\

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r-~~ ~\

SVNOPSIS:

arms f om underneath him nd lace his hands behind his back.

Need for additional applications? OVes 1~~rN'o Did the device respond satisfactorily? ~. DNa

If the Taser deployment was unsuccessful, was a drive stun follow-up used? DYes B~Describe the subject's demeanor after the device was used or displayed'

" •• 11. .with "ffi,.,,,,.,,, ",ftor tho t~""r """I~ "~,, ,,~~.thrnllnhn,',t tho . nf tha ::lm~~t

--:I . ,

Were other means attempted to control the sUbject?B~' DNa If yes, what types? (Check or list other below)//

De Spray: OVes DNo Baton: OVes DNo Authorized control techniques: IZIVes DNo Other: lh_.... /A .~-t<I ·"keA.Photographs Taken: ~s DNa ReportCompleted by: .,!..?T..l.'7""!'(~,---,)L.;?":'" .....L.A.;w. 1;.¡"æc2:;,-~:.....' _

ADDITIONAL INFORMA TIaN

NOTICE: KNOWINGLY MAKING A FALSE STATEMENT HEREIN IS PUNISHABLE AS A CLASS AMISDEMEANOR, PURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PENALLAW.

VOLUNTARY STATEMENTSTATE OF NEW YORK:COUNTY OF SARATOGA:CITY OF SARATOGA SPRINGS:

Date: 04/01/2009

Page#1 Time: 01: 15 AM

I, Carl J. Fusco, do swear upon my oath and say that I am 34 years of age, my date of birth being ~,and that I reside a . I make this following statement voluntaryand of my own :free will to PTL S. Reside. I have not been promised anything in return for making thisstatement. I have been advised by PTL S. Reside that this statement may be used in a Court of Law at somefuture date.

Statement:I was at Clancy's and saw Shawn Shannon and John Shannon get ejected from the bar. They carne back into thebar and Marley the bartender asked Chris Lydeeker to escort them out. Shawn punched Chris in the face andbroke his glasses. Both Shawn and John jumped Chris and-I helped Chris. Chris tossed Shawn and John out ofthe bar. Outside the bar, John punched me in the face and ripped my new leather jacket that I bought last weekfor $135.00; Both Shawn and John jumped me, punched me and then the cops carne. Shawn and John crossedCaroline St. and sat on a bench in front of It's Confidential. Shawn started active aggressively towards the cops,Shawn stood up and started fighting with the cops. The cops told Shawn several times to stop fighting or hewould be tasered. Shawn kept fighting with the cops and then he got tased. After Shawn was tased he washandcuffed.

I do solemnly swear upon my oath that the statement I am about to Sign is the Truth, the whole Truth aridnothing but the Truth, so help me God. .

(Signature)

(Witness)

(Witness)Subscribed and sworn to before meThis Monday, April 06, 2009 day of --', _

, (Notary Public) (Commissioner of Deeds)

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. NOTICE: KivOWINGLY kIAXING A FALSE STATElvíENT HEREI;N, IS PUNISHABLE AS A CLASSA ]rIIS])EJlJEANOR

JPURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PE1VAJ

LAW,

VOLUNTARY STATEMENTSTATE OF NEW YORK:COUNTY OF SARATOGA:

CITY OF SÁRATOG.A, SpRJ]{GS:

Date: c.¡:- (_.c.1c¡

Page #1".--'

Time: Li I .' I S "

L (iJ-tVL s:. rc./~¿¿'I , do swear upon my oath and say that I am j Yyears of age, my date ofbirth bein~~ , and that Iam (employed) (reside) at -----

.Imake this following statement. voluntary and of my own fre. I have not been promised anything in return for mækín;

PlZ, I~ (':> / ;;;J z:. . that this statement may be used in ,

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will to PTl- (Le>; {J ~

this statement. I have been advised byCourt of Law at some future date.Statement: \..i.,.-. :. /l~ ¡;V CL... Ni.~l-. ~ ¡\-vO~: '-,wo tv' 'J. (1t!'( £jï:;-¿TC'f>, nie c ·""C

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I do solemnly swear upon· my oath that the statement I am about to Sign is the Truth, the whole Truth and'nothin a but the Truth, so help me God, .o . / t1---::l--__~4~[~bt~·-~~~~~.~.=·=.------------

. (S+:gn~ture)p fL· 1c£-(2.;:Q fi{1, a.f-i; f () ç~S, ê

(\Vitl1ess)

Subscribed and sworn to before meThis.l day of--'.JA~·9·..!!(L=:..!{.=.'L.=-- ' ').60 "'7

-?\l _ (lÆ'::>" û Ef , s:-¡; _{:.):..To.Lo Pl"~ '{[lr'\"r-r1';:;'-"'C\C1~n.,.."o.'t"· rl.f'n,::¡,oriC1\ --.. ... '

NOTICE: KNOWINGLY MAKING A FALSE STATEMENT HEREIN IS PUNISHABLE AS A CLASS AMISDEMEANOR, PURSUANT TO SECTION 21 0.45 OF THE NEW YORK STATE PENALLAW.

VOLUNTARY STATEMENTSTATE OF NEW YORK:COUNTY OF SARATOGA:CITY OF SARATOGA SPRINGS:

Date: 04/01/2009

Page#l Time: 12:20 AM

I, bristo her D. L decker, do swear upon my oath and say that I am 39 years of age, my date of birth being. - - and that I reside at I make this following statement voluntaryand of my own free will to PTL S. Reside. I have not been promised anything in return for making thisstatement. I have been advised by PTL S. Reside that this statement may be used in a Court of Law at somefuture date.

Statement:I was in Clancy's when Shawn Shannon and John Shannon were ejected from the bar. After Shawn and Johncame back into Clancy's, Marley the bartender asked me to escort them out. When I went to escort John out",Shawn attempted to stop me and punched me in the face and broke my Featherlight glasses which are worth$500.00. Both Shawn and John jumped me and my buddy Carl Fusco came to help me. I broke free to look for.my glasses. I tossed both Shawn and John out of the bar. Shawn and John jumped Carl and were fighting with.him when the cops came. Shawn started acting aggressively and started to fight with the cops. Shawn was toldseveral times to stop fighting or he would be tasered. Shawn didn't stop fighting and then he was tased andhandcuffed.

I do solemnly swear upon my oath that the statement I am about to Sign is the Truth, the whole Truth andnothing but the Truth, so help me God.

(Signature)

(Witness)

(Witness). Subscribed and sworn to before meThis Monday, April 06, 2009 day of :, _

(Notary Public) (Commissioner of Deeds),

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·:·:~;~l.~

L.- \./ '-2>"'-- , . I Z>~ . CI I

NOTTeE: j[lvOWLiVGLY lYfAKING A FALSE STATE1vIENT HEREm IS PUNISHABLE AS A cussA.JvIISDE1/¡fEANORJ PURSUANT TO SECTION 210.45 OF THE NEW YOIUI STATE PE1VA.LAW,

VOLUNTARY STATEMENTSTATE OF NEW Yoss:COUNTY OF SAllATOGA:

CITY OF SARA'TOGA Sp¡U1YGS:

Date: t{ - ( '-Ci '1

Page #1 Time: ø /2.:2- {.Î¡1rf':1 -

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• ~ _ _ .Imake this follow:ing statement.voluntary and of my own frewill to pa ~ ee-s:. j f)ç . Ihave not been promised anything in return for m.akinthis statement, Ihave been advised by ¡"'/1I. ¡[c:.5' II.? L that this statement may be used in

Court of Law at same future date. . .

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I do .solemnly sw~ar 'Upo~·my oath that the statement I am a~o~]to"Sign is the Truth, the whole Truth and'nothing but the Truth, so help me God. . . {!jjvtj1~ M~~/.Subscribed and sworn to before me . (.¿tgn~ture)This _ ( day of /t..-9{},IL ' Mc) <) . 2n.- £--.¡J2.:(J 'p'il- (LEs' ¡Pt!". s.- ¿ ,

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NOTICE: KNOWINGLY MAKING A 'FALsE sTATEMENT HEREIN •.IS PUNISHABLE AS ACLA,SSA MISDEMEANOR, PURSUANT TO SECTION 210.45 OF¡:;E NEW YORKSTATE PENAL LAW. . A j o. .

State of New York' Voluntary Statement. Date: "Tï l/f) 7County of Saratoga . . . '1cíty of Saratoga Springs Page l Time: O:;;: 4- 7I. \'lÎC:;..v-L¿u" .~'{)") ~-\--h .', do·swear upon my 0fth and say. that Ia.mf.-~ears of age, my; . : ...date ot birth be§î~II!i.and that l reside @K'] I E §1](RlM <",(i\rG~C'ßQUl\ \¿~lo.<eI make this staterne vo untarily and of my own (fe¢. will to PiL· Pr t?""/.LJ..\ ' • lhaxe nb.t beenpromised anything in return for making this statement. I havebeen adVISed by "Pn..,FV~w:.J.n ' .that thisstitement may be used in a Court of Law at some future date¡ .

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.NOTICE: KNOWINGLY lrL4.KINGA FALSE STATEll¡JENTHERJj~ IS PUNISHABLE AS A CLASSA J.rlISDEJ.1tiEANORJPURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PENALLAW,

STATE OF NEW YORK: Date: _C_)4_~_I_æ_I/_~_9_' --

VOLUNTÂRY STATEMENT

COUNTY OF SARATOGA:

CITY OF SARATOGA SPRJNGS: Page #1 Time: /2 :44 4~

I, Ad &VV\ n u 1\ h'd r '', 'do swear upon my oath and say that I ~, 7_ +-. ,years of age, my date of birth bein~ and that r (~ployedJ (reside) at~,

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Court af Law at same future date.

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VOLUNTARY STATEMENTPAGE2

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:~.~:;~¿~~ear upon my oath that the statement l am about tosign is thÏ)th, t e Wht~th / nothingbut the Y;utr..,

Subscribed and Sworn to before me . UIj'l1 U-#-- --=-Signatur

This_1 _day of ~V'I'(.1?z. ,4.ri4 ~4s

,20 ()<fWitness

~Sione~'Witness

5. FBI No ..Il AR~S:¡REPORT ),,],,.~~,,:~~u934_09

6. Arrest No. 7. Agency 18. Division/Precinct55-00271-09 Saratoga Springs Poke f¡~artment l

4. Ref No.

S ;~p',;~~¡ ~t~~~;!!~¡¡§,~\~gi,l¡ji;¡;~t¡¡i$,cQ~im!¡:~Iii.;~~';F:¡:~g~¡,~:u1¡i,1mii~jm~¡¡[~~i.!¡~0N'~~ºJ1!:ø~~$g;W.j~~f;~*~¡i¡~j~¡f,i,Í:;~: iN,P'l~"@9,~1ii¡{~Wm;~~~~Zïå¡Jï¡~b:'~~i~~~g:\P\j:~,Ql1:~~q;l:Miß¡gm .- AP?

~' ~ PL 205.30 - A . M N RESISTING ARREST 4 8 O 1 NO UTTIX OTH~~ ~Pa o PL 240.20 -1 I N DISORDERLY CaND 5 3 1 1 NO ~

IJ. APPæ PL 190.23 - B M N FALSE PERSONATION 2 6 O 4 M NO UTTOTHAFPu:rrOTH

9. Name(Last,First,Middle) 10. Alias/Maiden Name(Last,First,Middle) 111.Phone NumberSHANNON SHAWN M

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%-!12!.~S~tr~ee~t~N!u!m~b~er~a~n~d~N~a~m!e_,_B_U_ilrdi::-:n:g-:::N,-o_.,_A~P_t.N_O_.r.;;o;-;;c-:--' _11~113ï'lclity~,~s,taltel,zliÍlP(C D T D VŒj) 1114

.~.I~slaence 1J15.î'face of Birtn¡.. O • !!"" O I2SJResident D Foreign Non-ResZ ¡.. I Fï Non-Resident n Unk~ $ 16. Date of Birth 17. Age 18. Sex 119. Race lé! White D Black DAsian 20. Ethnic ŒI Non Hispanic 21. Skin D Light ŒI Medium .æ 21 ŒjM OF D UIDIndian D Other D Unkown DHispanic D Unknown DDark D Other n Unknown\1.0w \I. 22. Height ¡:23.Weight 24. Hair 25. Eyes 112Ó.Glasses IR-'. Build d1128.Marital Status D CommLaWÎ~9. U.S. Citizen 30. Citizen Ofo:: 600 160 BRO BLU '" D Yes Small I29Med DMarried I2SJSinglo FïScparatod Yes DNa

125, No DContac!s Laroe InDivorced n WidowedH Unk Unknown31. Social Security No. 32. Education 33. Religion 34. Occupation 135. Employed 136. Scars/Marks/Tattoos(Describe)

DYes DNo .37. Arresting Officer 138. ID N0·139. Assisting Officer 140. ID No. 141. Arrest Date 42. Time 143. Location of Arrest (C lé! TO VD)

:z: O'LEARY 2477 ARPEI 11222 04/01/2009 00:35 1 CAROLINE STREET SARATOGA SPRINGS¡.. Q I :11. Juvenile I 4.J. Conditron or Detendant At Arrest 46. Weapon(s) at Arrest 147. Co-defendants Arrest No.Cil ¡.. Ibl JUY-~ Futher Process D ImpairedDrugs D MentalDis D AppNorm 1 1 Il:';I ~ II lYes IXINo iXí Ime.iredAleo nInilIll2 iX 48. Miranda 149. Miranda By .JO.MIranda Vate 51.Mir. Time 115..bStatements 1153.:statub 154. Search Warrant lR:lIJYroceaure .<Ct O DWritten m None BaillROR Line Up

!!;:lnYeslXINo . InVerbal InParoleñProbation nYespqNo None-nShowUon?ho!o= 56. Arraignment Court 57. Arraignment Judge 58. Date'l59. Time 60. Property 161. Evidence 6la. Processed By 61b. DispositionCITY COURT 04/01/2009 09: 00 DYes Œ}No 1 ~Yes DNo

80. Defendant/Case TOT Agency 18oa. Officer's Name 80b. ID No 181. Time 182. Date

67. Arrest Type 68. Warrant No. 169. Arrest FaA 70. Other Agency 71. F/P/Taken_, DpwDIW OSUMI2SJCIP DmMP DYes !¥rNo DYes !'\liNoI lopnFC nVopnBW nAW nOT læ læ

62. Incident No. 63. Arrestee Status 64. Bail Amount 165. BondsmanD ROR D PoliceBail I2SJHeldSS-007306-09 nCashBailf BailBond ñAppTkt nReito3rdParty

66. Photo No.

n.Location of Offense (CI19TDVD) 73.0ffense Date 174. #Offn'drs175. # Viet. 76. Return Court 177. Return Judge 178. Return Date 1 79. Timesi:~~~~E s~i~~~ NY SARATOGA 04/01/2009 O CITY COURT 104/01/2009 109: 00

§~OTH

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85 ~----------------------------------------------------------------------------~~

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/' / ,/ ,//~-./ ?{;f.81'\\Arres'ing ?Jcer's Sísnatose IR, NO.. .,/ I ~8. s"u.perv,..IS.~0(i.:(...~~~ 1¥p.a~üre . ,'" -) 89. ID No. _/ 94 l.p.-O. ".1, .l-' t?7 12477 PTL O'LEARY ,_ It_./~~.¿;,,· '//""7/r/./;Ó~p</. -?,/' '-'h·~~~~~~~~~~'~~~Trn~~~~~~~~o--,--~~~~~~~~*·,~~,/~£·~~~A~~/S?'~~~~~~~~Lr/~ __4-__~/~-~G/~~'~,'~0~.~ Paae

>-90. Arrest Made as a Rè&ñn of A SAFIS Latent Print identification? 191. L--," '~'.--- 1/ .-t/P of â..,DYes DNo DUnknown • 93.. , Pages

CASE No.: 55-00934-09,~.-------------¡-----------------------------.=-------------------------------------ARREST REPORT (continuation page)

ARREST 'No.:'55-00271-09

Type: PI Name: MICAGEL, SHAWN MAddress'J J I I'.ID 7 .-, - Phone:

Type: Name: SMITH, MARLEY JAddress :.'2 1& j I '_,_lIli Phone:

--------------------------------------------------------------------------------

-~----------~-------------------------------------------------------------------Type: Name: OLSEN, CRAIG WAddress:.? ii ....... rrr_ ••æ. Phone:_--------------------------------------------------------------------------------Type: OT Name: SHANNON, JOHN JAddress:' H 3_ IJ.I"- .... ......,,;,. .._ ...........-:-~--,' .

- - ~~-' .. Phone:. t .--------------------------------------------------------------------------------Type: PI Name: SHANNON, JOHNAddress:_L.ULII 'IUT .L.U "..••"111 .... Phone:" I ,--------------------------------------------------------------------------------

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TASER Informatíoa Downloaded By

Serial # XOO-424226 Name Joseph Carey

Model# X26 Dept SSPD

X26 Software Version 22 Rank Police Officer

Dataport CD Version 16.0 Windows Microsojt® Windows NT(TM)

03/31/2009 -Version Service Pack 3

,R¢cord Date Range 04/02/2009 Report.Generated 04/08/09 08:04:08 (local)

Computer Time Zone Eastern Standard.Ttme

Using Daylight NoSavings Time

X26 Warranty Date 10/30/09State: Active

Recorded Firing Data

Seq GMT Time Local Time Duration Temp Battery

0001 03/31/09 11:13:38 03/31/0907:13:38 1 25 72

0002 03/31/0920:11:56 03/31/0916:11:56 1 26 72

0003 04/01/0904:29:29 04/01/09 00:29:29 5 18 72

0004 04/01/09 19:10:13 04/01/09 15:10:13 1 22 72r-

,0005 04/02/0920:20:49 04/02/09 16:20:49 1 26 72

Recorded X26 Time ChangesSeq GMT Time Local Time' Change Type

End of Report.

about:blank . 4/8/2009, ,

~~"»>:---- ...._"::}- -l::""'~~4¿=:J":> &V...c....!.¡¡",;t;::::! .!.J~pa..r1:l11en"C

INCIDENT REPORT (continuation page) Page 3 of 3

INÇ:LDENTNo.: SS-00934-09 BLOTTER/CC No.: SS-007306-09

Name: SHAWNM MICAGEL Address:Home Phone: Business Phone .. :DOB.. . tu Age : 23 Sex :

. ._",'-:'.~........ :~,..~--~S' 7 rnRace: Type: PI-------l~----------------------~---------------------- _

Name: MARLEYJ SMITH Addres s : II. biHome Phone: Business Phone .. :DOB... ~ Age ..••. : 23 Sex· .•.•........ :F Race:WHT Type: PI--------------------------------------------------------------------------------Name: CRAIG W OLS_EN A;:t:re¡S :.""-n•••.••JIIO.";IIïl- ••• IIIII.SllttIIS .¡¿", ... ·.OJ II!.I.~.;I .•••~Home Phone: td--, OJ Bus í.ne s s. Phone .. :DOB... .___Age •.... : 39 Sex···· ..•...... :M Race:WHT Type: PI .--------------------------------------------------------------------------------Name:JOßN J S~ON Address: U r~ _Home Phonc:!INZ. 1. & Busines s Phone .. : .DOB 1 Ç--·XTí.. Age : 49 Sex :M Race: Type: PI

..~ • - " ..... -. '~..,": -';:"::'---=:O:- _ _ .,.. _ _ -'_oL __ .., ~ __ • '" _ .. ' ......

Name:PTL S O'LEARY Address:Home Phone: ( )-

----------------------------------------------------~--------------~------------11 n II n Ul

Business Phone •. :-;•• ; 3m-

---------------------------------------------------------------------------------'-----~-------------------------------------------------------------------------================================================================-----===========

ADDITIONALSUSPECT/MISSING/ARlŒSTED PERSON(s)

Typè:sUSPECT Name:JOHN J SHANNONJR Address: .... IU..-v, .wznAKA : Condition: SS #:Home Phone åL b11!J Business Phone .. :DOB.:d! j S j Age: 21 Sex:M Race:WHT ~thnic:NON-HISPANIC Skin:LIGHeight:6 Ol Weight:160 Hair:BLN Eyes: Glasses:NOBuild:MEDIUMOccupation: Employer: Addr:Scars: Mise:

------------~-------------------------------------------------------------------

--------- -~- ...... --..;I.,.¡.""'_,,~ .l,.......:L.:.I.:::v.t'\..!. .t'age: lNarrative #: 1

Officer Rank/Name: PTL PATRICK J AP2EI

Department: Saratoga Springs Police DepartmentDD Number :


1222:04/01/2009 01:12 - While on patrol in marked unit 4213 officers responded toCaroline St. near Clancy's bar for a report of a fight in progress. Upon arrival Sgt.Crooks was already on scene and all parties were separated. While officers wereinterviewing all subjects involved there was one white male, SHA~VN SHANNON, who wassitting on the sidewalk in front of It's Confidential with his brother JOHN SHANNON.While officers' were attempting to determine the situation Shawn Shannon started toscream and yell profanities at officers and also at the other subjects across thestreet. Shawn Shannon was told several times to be quiet and refrain from yelling andusing profanities. Shawn Shannon would quiet down temporarily and then start to yellagain at officers. Shawn Shannon was again told to cease from yelling profanities orhe would be arrested. While speaking with Shawn his brother John Shannon started toshake and convulse and appeared to be having,a seizure. Officers immediately requestedEMS to respond to attend to John Shannon. Shawn Shannon began to grow more aggravatedbecause he believed that EMS was not responding and he became more aggravated with theresponse time of EMS. Shawn Shannon again started to yell and swea r at officers.· Atthat point officer attempted to place Shawn Shannon into custody. Wh.en officersattempted to grab Shawn Shannon I felt someone grab the lower portion of my right legand attempt to prevent me from moving. Throughout the incident John Shannon was the

.only other subject present that was not an officer and John Shannon was also alreadyon the ground in the vicinity of where I was standing. When officers attempted togarb Shawn Shannon he immediately became physically combative with officers and neededto be physically taken down to the ground. Shawn Shannon was given several commands to·stop fighting and to remove his hands from underneath him and place them behind hisback ..Shawn Shannon refused to comply with all of the officers commands at which pointI warned Shawn Shannon that the taser wou.Ld be deployed if he did not comply. ShawnShannon still refused to comply with officers commands at which point I deployed taser# 9 into Shawn Shannon's lower back for one full cycle. After the taser cycle was overShawn Shannon was able to be placed into custody and transported to HQ where he wascelled pending arraignment.

Signature

D. O. : Sqd. Superv. : c.a. :

Name:JO:çrn J S~ON Ad,dress: • F~a_- ,.,Home Phone_Zr •• J Business Phone .. : .DaB r ---r-l•• '"Age : 49 Sex ' :M Race: Type: PI

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_ ...:.._...........- ........v-:, vUI ¿"vv:;¡ ~axa~oga ~pr~ngs Po~~ce DepartmentINCIDENT REPORT (continuation page) Page 3 of 3

TNC:tDENT No.: SS-00934-09 ~LOTTER/CC NO.:SS-007306~09

Name: SHAWNJ:vIMICAGEL Addres s : • II mr r UrnwwHome Phone: Business Phone .. :DOB... tw Age : 23 Sex : Race: Type: PI

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-------~------------------------------------------------------------------------Name:J:vIARLEYJ SJ:vIITHAddress:Home Phone: Business Phone .. :DOB ~ Age ....• : 23 Sex :F Race:WHT Type: PI

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----------------------------------------------------~--------------~------------Name:PTL S O'LEARY Åddress:Home Phone: ( )- Business Phone •. :

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ADDITIONAL SUSPECT/MISSING/ARRESTED PERSON(s)

Type: SUSPEC-T Name: JOHNAKA: Condition: SS #:Home Phone D. U g I j 18DOB.:e:ase I; Age: 21 Sex:MHeight:6 01 Weight:160 Hair:BLNOccupation: Employer: Addr:Scars: Mise:

J SHANNONJR Address: ••• 111-" ••_ .--; ,cr'~ r~",~", • •

Business Phone .. :Race:WHT .Ethnic:NON-HISPANIC Skin:LIG

Eyes: Glasses:NO .Build:MEDIUM

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Suspect taken toHospital by:

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USE OF FORCE REPORTPart II-B (Incident Investigation)

Narrative of Investigating Supervisor: Give a complete account of your investigation, Attach all witnessstatements and medical reports, if any, Describe all evidence securedand its storage location.(continue on separate sheet of paper ifnecessary)

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Page __ of __ pages Fonn - SSPD-20.1I:\Accreditation \SSPD Fonns\sspd- 20-1

Ji rank & signature: I IL---- ••----- ..,-----J,'-- _

Routing: Investigating supervisor forward all associated reports to Command Officer


. I Training Unit Recommendations (continue on separate page if'necessaryi

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20 o~ Y"- SEP 2·2 Z008Command Supervisor Recommendation: check all that apply _l'DiSPOSition: check all 1/wt§jJjJ~~:!:, SPRINGSO Continue Investigation -- TOT: ,closed by Investigation / ap .r· .Q5l1lí.lACBI-appropriate use bf force O Formal Review Board eneral training deficiency identified / addressedO Training deficiency noted O Disciplinary Action WOfficer was es tmselcd ~ retrainedO Counsel/Retrain Officer O Other: O Disciplinary action has been commenced

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s'O-¡' .~._.- _.. , ~lw~FP~!fi§$'l'~;Q$ii!WNY04 5 010 OPolicesprings DSupp SS-02372-08/y 8. Date

Jul9. Report Tim Occurred IO. Day 11. Date 12. Time22: 25 OnlFrom: Sat Jul 19 2008 22: 34

Occurred 13. Day 14. DateOn/From: Sat Jul

19 2008

,entType,{rCATED PERSON

17. Business NameCLANCY'S TAVERN

18. Weapon(s)DOES NOT APPLY

SS-015063-08

15. Time22:34

A. _.

,éident Address(Street NO.,Street Name.Bldg, No .•Apt No.)CAROLINE ST

21. Location Code4601 B.77

20. City,State,Zip(QílC DT DV)SARATOGA SPRINGS

æ:EÖ:a::i:iNCïî\ij\!i'4 iITIMÆlMÎ;f1 ílMi!SEGffiIØNit '¡jMS:F1tS,~l~t@fig%ll\ \'i¥tGms;¡;¡. 23. No. of Victimsl PL 240.20 -6 O DISORDERLY CONDUCT l

D.472 PL 205.30 - A M O. RESISTING ARREST l 24. No. of SuspectsJ}. --~3~-----+-P-L~~~1~2~0~,.~0~5--~-~3----~E~~~F~--~2~--r.A~--+A~T=T~A~S~S~A~UL~T~I~N~T~H~E~S~E~C~O~ND=---------~l--~

C.77

26. Victim also complainant (!gy ONE.

CV' EMANATIAN, LAURA SLAKEAVE SARATOGA SPRINGS, NY ~2866

WI BOZONY, JAMES RICHARD -WI GAlLOR, APRIL M • 7 EJ:sVI PRESTIGIACOMO, ANDREW 5 LAKE AVE SARATOGA SPRINGS, NY ~2866-

BUSF.

RES. (518) 584-1800BUS G. -RES.

BUS -H.L

RES.BlJS r. 4'RES.

emp. es.- oreign 1 at,Student DOther. J. 00Homeless UnklNot Indicated

27. Date of Birth 28. Age . ex .:j. ace, . IC> • an reap . eS1 ence tamsDMggF ggWhite DBIack DOther DHisparuc DUnk. oYes' QgResident OTouris!DU Indian Asian Unk. Non-Hisoanic QgNo DCommute Milita

34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law oYes QgNo

35.Type1N0 36.Name(Last,First,Middle)' 37.AIiaslNicknamelMaiden Name(Last,First,Middle)

SU CUMMINS JOSHUA W38. Apparent ConditionOlmpaired Drugs OMental Dis DUnk.

Im aired Aleo Ini/Ill A Norm.41. Social Security No.

39 .Address(Street No.Street Name,Bldg.,No., City.,State,Zip) 40.Phone Res: ¡Bus.:

c). aceggWltite

Indian

. mlC

DHispanic DUnk. QgLight DDark DUnkNon-His anie Medium Other

48. OccupationDBIack DOtherAsian Unk.

54. Bùild 55.Employer/SchoolDSmaIl ggLarge

Medium

56. Address

I[Rllî11----4---+-~~~----~~----+---~-------- __~----I

I,

PE·;'W,.~'Í'ti~.itiM:..I

74. 3038: 07/19/2008

e 11C e otes

60. Vehicle Status 61. License Plate No FuIl D 62. State

Partial D

64. Plate Type 6. aue

66. Veho Yr. 69. Style67. Make

71. Color(s) 72. Towed By: _

To:

22:25 - OFF WITH INTOXICATED MALE3038:07/19/2008 22:30 - 4224 REQUESTING ADDITIONAL UNITS3038:07/19/2008 22:34 - ONE EN CUSTODY

0886:07/19/2008 23:32 - Officer was on patrol on Caroline St when I observed the

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bouncer at Clancy's telling a white male to leave. The white male was later1--------------------~----------=-----------------------------------------------------------------~iI 12identified as Joshua W. Cummins. I asked Cummins to speak with me and he washighly intoxicated and not making any sense of what he was saying. I spoke with

the bouncer and he advised me that Cummins attempted to come into the bar andhe told him that he couldn't because he was too intoxicated. Cummins then

75.Inquiries(Check all that apply).

DDMV. DWantIWarrant DScoIDawD Crim. Histo Other

76. NYSPIN Message No. 7. Complainant Signature LAURA EMANATIAN

78. Reporting Officer Signature(Include Rank) 79. ID No0833 PTL EMANATIAN'

80. Supervisor's Signature(include Rank) 81. ID No

2731 SGT BRISCOE82. Status DOpenDVict Refused to Coop.DCBI D Juv. - No Custody

QgClosed(ifClosed, check box below). OUnfoundedggArrest DPros. Declined O Warrant AdvisedDArrest-Juv. Daffender Dead. DExtrad. Declin OUnknown

84. NotifiedITOT83. Status Date

Jul 19 2008

Pageof.2

Pages

INCIDENT REPORT (continuation page)

INC IDEm No.: SS-02372-08BLOTTER/CC No.: SS-015063-08

==========±=============================================~=======================ADDIT.IONAL NARRATIVE

================================================================================struck him in the left eye leaving .a small red mark. The bouncer then struckhim back and r arrived shortly thereafter. r then spoke with several witnessesinvolved and they stated that Cummins never went into the bar, he was causing aproblem outside. r then spoke with Cummins and asked him where he lived. Hetold me he lived where he slept and would not give a street address.r askedhim that if he left here and went home, where would he go and he told me to go£uck myself and it didn't matter. r then stated that he was too intoxicated tostay·in the downtown area and that he needed to go hörne. r then gave him hisidentification back and he refused to leave the area. He said. the police werepicking on him because he was fat. r advised him that we did not have a problem

with him but he needed to go home. He again refused to leave. I thenattempteq to place him under arrest and he resisted. Sgt. Welch then stepped in

with the taser and Cummins further resisted. He struck PtI Prestigiacomo twice·in the face while we were attempting to place him into custody. He was drive

stunnèd several times by the taser before complying. He was placed into custodyand transported to HQ. He was processed ~nd arraigned by Hon. Mills were he

.'was sent to county with $2500.00 bail. Cummins was not photographed or printed·due to his intoxication and combativeness. While PtI Baker and I weretransporting him to County, Cummins attempted to.kick the rear window out of the

patrol vehicle. We stopped at Broadway and Division and requested a unit withhobbles. He was then hobbled and transported. While at county, Cummins bangedhis head on the Fire Hose Box and continued to cause a problem for police andcorrections officers.-----------------------------------------------~--------------------------------

------. - ...... - ........ _ ..... _-- - w - ............... _ ... ""-t..cct~'C; .J.Narrative #: l

~r Rank/Name: SGT MICHAEL J WELCH" .~.,.•


,~partment:Saratoga Springs Police Department/DD Number:

0886:07/19/2008 22:54 - Officer standing by as PO Emanatian and Prestigiacomo wereattempting to speak with the subject who was combative and uncooperative. Officersadvised the subject he was under arrest and he immediately began to resist, I advisedhim he would be .tazed if he continued to resist he then punched Officer Presitgiacomotwice I drive stunned the subject and he initially tensed up clenched his fists so I

drive stunned. him again an~ he fell to the ground but immediately pulled his hands andarms underneath him.Officer attempted to cuff him but could not; I again warned himbut he did not comply, I drive stunned him again he released one arm I again warnedhim and he complied and gave Officers his other arm. Subject was taken into custody.

Signature g:;tai~D.O. : Sqd. Superv.: c.a. :

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SUPERVISORY TASER@USE REPORT

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DeptAddress: c:: CA IŒ· A1J€. Phone. SF;4--l8UùOnS~ene superviso~: gor. L0eëél..f Officeres) Involved: Ç(¿C;;T70/kD7i{QTASERModel(checkone): t TASERX26 _ADVANCEDTASERM26

Ifan ADVANCE TASER M26 Was Used, What Battery Type: _ Alkaline _ NiMH

Air Cartridge Type(s): _ 2I-fl Standard _ 21-flXP _IS-flr

TASER Serial #: Xú'1J-3 3Y'Z¿¡Mêdical Facility: Doctor: _

Nature of the Call or IncidentLW(¡\!'ftrvlB)¿('i.~ges: Arr: ft-"'tt5ßœ[ 2~ooked0/N·

. Type of Subj ect: X'iruman _ Animal

Location of Incident: ( ) Indoor ç)(Outdoor ( ) Jail ( ) Hospital

.Type of'Force Used (Check all that apply): %PhYSical ( ) Baton ( ) Impact Munition () Chemical ( ) Firearm

Nature of the Injuries and Medical Treatment Required: _

Admitted to Hospital for Injuries: Y@ Admitted to Hospital for Psychiatric: y Qi)MedicaIExam: Y@ suspectUndertheinfluence:@/Drugs(specify): '-....7ïJ1I¡ 'BETlM.Was an officer/law enforcement employee injured other than by TASER? yVIncident Type (circle appropriate responsees) below):

Civil Disturbance Suicidal Suicide by Cop y~ ~~:tBarricaded Warrant Other

Age: '2-4 Sex: §k1, Height: ";-03 Race:--tl.l- Weight: 2çóTASER use (circle one): ~s I Failure Suspect wearing heaving or loose clothes: y IN

, Number of Air Cartridges fired: O Number of cycles applied: 3 ,Usage (check one): ( ) Arc Display Only () Laser Display Only p{TASERApPlieation

.TASER: Is this a dart probe contact: y.tf) Is this a drive stun contaco I N

Approximate target distance at the time of the dart launch: feet

Distance between the two probes: inchesNeed for an additional shot? Y I N

Did dart contacts penetrate the subject' s skin? Y I N

Did TASER application cause injury: Y ldi) ,Probes removed on scene: .YI N

If yes, was the subject treated for the injury: Y INDESCRIPTION OF INJURY:

T f;~.••....

~,;~it.,£i~) :1:. t:4. :"§' .: ~. R" tJ .~~:-r:".§ :ËJi ~.~ :'.~::' t~'~~

TASER Information Downloaded BySerial # XOO-334245 Name Joseph CareyModel # X26 Dept OfficerX26 Software Version 21 Rank PoliceDataport CD Version 16.0 Windows Microsojt® Windows NT(TM)

Version Service Pack 4Record Date Range 07/18/2008 -

07/21/2008 Report08/13/0807:13:02 (local)Generated

Computer Time Zone Eastern Standard .Time

Using Daylight YesSavings Time



Seq GMT Time Local Time Duration Temp Battery0001 07/18/0804:20:04 07/18/0800:20:04 1 26 840002 07/19/0808:Ù:53 07/19/0804:17:53 1 27 840003 07/20/0802:27:53 07/19/0822:27:53 5 28 840004 07/20/0802:28:07 07/19/0822:28:07 12 30 840005 07/20/0802:28:25 07/19/0822:28:25 3 30 830006 07/21/08 19:49:13 07/21/08 15:49:13 1 24 83

End of Report.

Recorded X26 Time Changes

Seq GMT Time Local Time Change Type

aboutblank8/i3/2008

· . //////////////////

I~NI) ()I~S(;ilN SI~(;l'I()N.. .. ...

//////////////////

c ,,.,

-USE OF FORCE REPORTi Date af I Time: Blt# Case# I Arrest# I Control #occurrence: 6/18/2009 1:45 am SS-014043-09 SS-O1808-09 SS-00575-09 . ~·'r--.I-.: ,(¿iqJ.C\../'f '---IncidentLocation: Church St.Name of suspect:

. l DOB:I~~: I~x:

Scott J. Erickson" ,Address. -.,

Reporting Officer: PtI. P. ArpeiI ID # Assignment:

1222 PatrolWitness NameWitness address

Telel1hone #

,

Other Officers a t sceneID#

Officer injured before or after force? briefl:\:: describe injun:PtI. Sesselman 2872PtI. Davis 1229PtI. Callahan 1889Describe suspect injuries prior to and after force was used: t-J lI,Jé

Did suspect require medical treatment? IMedical treatment providers: OEMS OHospital Dather (add below)DYES ~NOName olattending medical T!.roviders Address olmedical treatment l!..rovider Phone #

Suspect taken to Hospital by:Hospital actíon.- DAdmitted DTreated & ReleasedDRefused treatment DOther (describe in narrative)Suspect's condition at time of force: DAppeared normal 12 Had been drinking

~Intoxicated by alcoholic beverageDUnder influence of drugsDEmotionalIy/MentaIly disturbed· Dather (explain in narrative)

Investigator's assigned:

[gJPhotos taken DStatements taken DDiagramlsketch l2$JEvidence securedWas suspect arrested? IZlYe, DNo l Inve'tigming Supervisor As'igned~ C eJ;. /VI .Jfyes, attach copy arrest report

. l..rlJf¡(J A..J,fJ í. (r¿f/<Svt...---. .

Reporting.0 Sig~ )/

~~~~¿A »> / ·~k~~P,Cf" £7 '- ./ L ",r <, , , ..........( v --v- -

~ L/


Form - SSP1)-20.1

Page_l_ of ~ pages

Reporting Officer's NarrativeDescribe in detail all actions by the subject (by words or conduct) and your reaction / level of response to protect yourself /others and/or control the subject.

Type of force used: DPhysical DCanine DChemical DImpact ~Taser® DFirearmlother gun

1222:06/18/2009 03:53 - While on patrol in marked unit 4216 I observed a red vehicle pulled off

to the side of Church St. west of West Ave. with the operator standing outside of the vehicle. I"

observed the operator get back inside the vehicle and proceed to drive west on Church St. While

behind the vehicle, NY REG EHR 9114, I observed the vehicle cross the double solid lines on

two occasions and proceed to drive westbound in the eastbound travel lane. I activated my

emergency lights and conducted a vehicle stop on Church St. just west of Allen Dr. Upon

exiting my patrol vehicle I made contact with the operator SCOTT ERICKSON. While speaking

with Mr. Erickson I observed glassy bloodshot eyes, slurred speech, impaired motor

coordination and a strong odor of an alcoholic beverage coming from him as he spoke. I asked

Mr. Erickson to exit his vehicle and perform a series of field sobriety tests which he complied

with. The first test administered was the horizontal gaze nystagmus. I asked Mr. Erickson if he

had any problems or abnormalities with his eyes to which he stated he did not. Mr. Erickson

lacked smooth pursuit, sustain nystagmus, at maxímum deviation as well as nystagmus onset

prior to 45 degrees. The next test administered was the walk and turn. I asked Mr. Erickson if he

had an physical problems with his feet ankles, knees or hips to whíchhø stated he did not. Mr.

Erickson stepped off the line on step two and then stopped and proceeded to attempt the test

again. Mr. Erickson stepped off the line on all of his steps and none of his steps were heel to toe.

The last test administered was the one leg stand. Mr. Erickson could not maintain his balance

throughout the entire test, raised his arms past his waist to help maintain balance and dropped

his foot on counts 2,3,and 4 and then Mr. Erickson stopped the test himself. I instructed Mr.

Erickson to turn around place his hands behind his back as he was under arrest for driving

while intoxicated. Mr. Erickson turned around, placed his hands on top of his head and

proceeded to walk away from officers. Mr. Erickson was instructed to stop which he ignored.

Officers then physically grabbed Mr. Erickson's hands and placed him into custody. Mr.

Erickson was escorted to the rear driver's side door of 4216 and instructed to sit inside the

Fonn - SSPD-20.1,Page ~ of ~ pages

" véhícle. Mr. Erickson started to sit in the rear of 4216 when he stopped and attempted to get out

of the vehicle. Mr. Erickson was instructed to get back in the vehicle which he ignored. Mr.

Erickson exited the vehicle and immediately closed the distance between himself and PtI. Davis

and PtI. Callahan. Mr. Erickson was instructed to back away and get back into the vehicle. Mr.

Erickson refused to get back inside the vehicle and was given warnings that the taser would be

deployed if he continued to resist. Mr. Erickson still would not comply with officers instructions

at which point I deployed taser #1.0. Mr. Erickson was removed from the ground and placed in

the rear of 4216 with the assistance' of PtI. Davis. Mr. Erickson was transported to BQ where he

was read his DWI refusal warnings at 2:16 am and his Miranda warnings at 2:17 am. Mr.

Erickson agreed to submit to a chemical test which showed his BAC to be.22%. While at BQ the

. taser probes were removed from Mr. Erickson's chest and photographs were secured by PtI.

French. Mr. Erickson was processed and celled pending arraignment.

Mr; Erickson is approximatley 6'4" and weighs approximatley 240 lbs. Mr. Erickson was highly

intoxicated and started to become highly aggitated after being advised he was under arrest. Mr.

Erickson refused to comply with. any of officers commands and was attempting to become

physically aggressive to PtI. Davis and Callahan. Mr. Erickson continued to ignore officers

commands even after being advised that the taser wou1d be deployed .

Officer's sig~~!YJ'6:~ ~ ~

//~~

.. /~

/' . ~7'

./. . Routing: Reporting..øffiêer forward to investigating supervisor

Date:

~' í'.? t:1

Fohn - SSPD-20.1

Page~ of 3' pages

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Narrative of: DInvestigator ~Witness Poliee Officer

Part II-A (Incident Investigation)

DOther: __

USE OF FORCE REPORT

1889:06/18/2009 04:09 - On the above date and time responding officer and Officer Davis were on patrol

in marked unit 4212 when a call came over the radio dispatching Officer Arpei and Officer D.Mullan to

the area of the intersection of Chruch Street and West Avenue för a possible 1192. Officer Mullan

responded that he was already involved with a different vehicle stop. Dispatch then informed Officer

Arpei that a caller stated that the suspect vehicle was stopped near Care Lane and the subject was exiting

his vehicle. Moments later Officer Arpei radioed that he had a vehicle stopped near the intersection of

Church Street and Allen Drive. Responding officer and Officer Davis proceeded to that area to back up

Officer Arpei. Once on scene I observed Officer Arpei approaching a red Ford Taurus. I walked to the

passenger side of the car and noticed an open 30 pack of Budweiser beer cans on the back seat next to a

duffel bag. I then observed an open can of Budweiser beer wedged between the front passenger seat and

. middle console. Officer Arpei interviewed the driver, later identified as SCOTT J. ERICKSON. Officer

Arpei later asked Erickson to exit his vehicle and submit to SFST. Reporting officer noticed Erickson was

a large male, approximately 6'4, 270 lbs. Subject stumbled getting out of his vehicle and then walked to

rear of his car to complete-SFST. Reporting officer witnessed subject fail all SFST's administered. Subject

was told to turn and face his vehicle and place his hands behind his back. At this time, the subject began

to walk towards driver side door and Officer Sesselman. Officer Arpei immediately secured Erickson's

hands and placed him in handcuffs. Erickson demanded Officer Arpei's badge number when asked to sit

in the back of marked patrol unit 4216. Erickson then sat down in the back seat with his legs outside the

vehièIe on the roadway. He then attempted to get out of the vehicle and stood up, stating that he would

not get into the vehicle. Officer Davis then instructed Erickson several times to get back in the vehicle or

he would be tased. Officer Arpei displayed his taser to Erickson and placed red dot on Erickson's chest

and told him several times to get in the vehicle or he would be tased ..Erickson continued to refuse and

was subsequently tased (1 cycle) by Officer Arpei. Reporting officer and Officer Davis later helped

Erickson to his feet so he was able to get into the back seat of patrol unit 4216 on his own. Officer Arpei

transported Erickson to H.Q. while reporting officer and Officer Davis stayed on scene to wait for a tow

truck from Matt's. Officer's completed tow sheet on scene and yellow surcharge sticker for Matt (tow

truck driver). Matt initialed the tow sheet as to property observed to be left in vehicle (Beer and a duffel

bag of clothes). Reporting officer secured the open Budweiser can which was cold to the touch and half

empty. Reporting officer secured Erickson's cell phone and brought it back to H.Q. and placed it in a

Fonn - SSPD-20.1Page __, of ~ pages

CL~1-L cÆJ--

" property locker. Reporting Officer and Officer Davis assisted Officer Arpei with fingerprinting Erickson.

Reporting Officer and Officer Davis then celled Erickson in cell number 2.'

Officer's signature:Date:

Routing: Reporting officer fi rward to investigating supervisor rolr /é)~

. '

Form - SSPD-20.1

Page ~ of ~ pages

'". ,

USE OF FORCE REPORT Part II-A (Incident Investigation)

Narrative of: DInvestigator ¡g¡WitnessPolice Officer DOther:

1229:06/181200905:14 - Reporting Officer(FTO)and Officer CiCallahan-were in marked patrol unit 4212

when dispatcher dispatched Officer D.Mullan and Officer P.Arpei to a possible 1192 at the intersectionof

Church St./W est Ave. Officer D .Mullan stated he was off with a different vehicle stop on Circular St. and

unable to respond to Church Street. Reporting Officer and Officer Callahan proceeded to Church St. to

back up Officer P.Arpei. Caller informed dispatch the suspect vehicle was near Care Ln. and the suspect

was getting out of vehicle. Moments later, Officer Arpei stated he was off with suspect's vehicle on

Church St. near Allen Drive. Reporting Officer and Officer Callahan approached passenger side of

vehicle and observed a open case(30 pack)ofBudweiser beer on rear seat near a tan duffel bag. Reporting

Officer then noticed a open can of Budweiser wedged between the passenger' seat and center console.

Officer P.Arpei asked the driver to step out of the vehicle for SFST,driver latet identified as SCOTT

J.ERICKSON. 'Erickson stumbled as he exited the vehicle. Erickson walked back to the rear of his

vehicle with Officer P.Arpei for SFST. Erickson failed Horizontal Gaze Nastagmas test by moving his

head while watching Officer P.Arpei move his finger to' administer test. Reporting Officer observed

Erickson stumble and fail to place heel to toe on walk and turn test. Erickson had difficulty keeping his

balance during one leg stand. Officer P.Arpei asked Erickson to turn around and place his hands behind

his back. Erickson turned around with his hands behind his head and walked toward the driver side of his

vehicle. Officer P. Arpei immediately placed Ericson into handcuffs before walking back to marked

patrol unit 4216. Erickson i:tritially sat in rear of vehicle with his legs hanging out door. Erickson became

upset and refused to place the rest of his body inside of vehicle. Erickson then stood up and stated he was

not going to get into patrol vehicle. Reporting Officer ordered Erickson several times to get into vehicle

or he would be tased. Erickson continued to refuse to follow directives and was tased by Officer P .Arpei.

Reporting Officer and Officer Callahan helped Erickson to his feet so he could get into patrol unit on his

own. Officer P.Arpei transported Erickson to H.Q.while Reporting. Officer and Officer Callahan waited

at the scene for tow truck. Reporting Officer and Officer Callahan secured Erickson's cellular phone from

vehicle and later placed it in property locker at H.Q. Officers informed Matt from Matt's Towing that

there was a duffel bag of clothes and open case(3 O pack)of Budweiser beer that would be left in rear seat

of vehicle. Reporting Officer and Officer Callahan secured open can of Budweiser beert cold)and took

photos at H.Q. Officer French later downloaded photos onto CD. Reporting Officer notice

property(bankbook and pen)in Erickson's front pocket,Erickson stated "HE WAS AN ASSHOLE

EARLIER,BUT HAS CALMED DOWN. Reporting Officer and Officer Callahan celled Erickson m

Form - SSPD-20.1, Page __ 01__ pages

secured in evidence locker#3cell#2 after fingerprinted. Officer P.Arpei placed taser blast doors and cartridge into evidence bag.bag

Officer's Signa~ture~./ Cl _-~oCjclu/~ J.~-,

.-

Routing: Reporting officer forward to investigating supervisor

Date:

07/&/09

).

Form - SSPD-20.1..._------- -- - -----_.---- ------ ---.-Prrge-~ol~ pages

¿6F FORCE REPORT~

/-f1arr/ativeof: • OInvestigator [glWitnessPolice Officer DOther: _ •/ .»:

/' 2872-0fficer responded to the area of Rt#9n at Allen Drive to assist Officer P. Arpei who was off on a/'! traffic stop with nyreg:EHR9114. Officer was maintaining traffic control while Officer Arpei was

conducting field sobriety tests with the vehicle operator, Scott Erickson. After concluding the tests with

the assistance of Officer Davis, Arpei advised Erickson that he was under arrest and to place his hands

behind his back. At that time, Erickson appeared to disregard Officer Arpei's commands and began to

walk away towards the front of his vehicle. Erickson was stopped and handcuffed a short distance away.

He was then advised to get inside the back of the patrol car. He sat down on the seat and then refused to

put his legs inside and cooperate. Erickson then began yelling and demanding officers names at the scene.

He stood up and attempted to leave the area. Officer Arpei further advised Erickson that he was under

arrest and to get back in the patrol car or he would be tased. Erickson had a strong smell of an alcoholic

beverage emanating from his breath and appeared to be intoxicated. He became further uncooperative,

resisting arrest efforts. He continued walking away from the police car and toward police, while refusing

police commands to comply. Erickson was then tased by Officer Arpei and placed in the patrol car with

assistance from Officer Davis. Erickson was subsequently transported to police headquarters by Officer

Arpei then escorted to the booking desk by reporting offièer@

Part II-Á (IncidentInvestigation)

Officer' s s~gnature:§ß1 ,It¿ «e . '¿fÆ-

Date: .'

tlt& rRouting: %éportin~cer forward to investigating supervisorr

Form - SSPD-20.1

Page _1_ 01_1 _ pages

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,/óFFORCE REPORT~

Part II-B (Incident Investigation)

Narrative of Investigating Supervisor: (continue on separate sheet of paper'if necessary)Give a complete account of your investigation. Attach all witness statements and medical reports, if any.Describe all evidence secured and its storage location.

tI-i

Sgt. Crooks and I responded to the area of Church St. 'near Kirby Rd. to back up PtI. Arpei on a traffic

stop. Other officers on scene were Davis, Callahan, and Sesselman. Upon arrival, I observed an

individual later identified as (susp)Scott Erickson walking towards officers in a non.:compliant·manner,

and I heard Arpei and Davis giving him commands telling Erickson to get back in the vehicle otherwise

he would be tased. Erickson was a w/mJapproximately 6'4", weighing approximately 260-275 lbs., and

had a large build. Erickson was visibly intoxicated, and was acting aggressive towards officers. Erickson

was handcuffed at the time, but was still refusing to cooperate, and would not listen to any of the officer's

. orders, and instead was demanding that he have officers badge numbers .. Crooks and I had to block traffic

as the situation was moving into the roadway. Arpei again told him to get in the back of the police car, .

and he refused .. Arpei then deployed one 5-second cycle from the taser and Erickson immediately fell to .

the ground. After that, Erickson got in the back of the patrol vehicle, but continued to demand everyone's

'name and badge number. Erickson was transported to hq by Arpei without any further problems.

There were no civilian witnesses in the area, nor were there any cameras or surveillance of any type. At

hq, the prongs, were removed by Arpei, andphotos were secured. of his marks. Officers also secured the

taser cartridge doors and AFID tags from the scene and bagged them as evidence. Erickson did not

require any medical treatment.

Offi r Sl a re: Date: / I~ (fj~ ~ (J/v

Routing: Investigating supervisor to Commanding Lieutenant; to Assistant Chief of Police

F~rm- SSPD-20.1 Page --'- of ~ pages

USE OF FORCE REPORT Part II-B (Incident Investigation)

Narrative of Investigating Supervisor: (continue on separate sheet of paper ifnecessary)Give a complete account of your investigation. Attach all witness statements and medical reports, if any.Describe all evidence secured and its storage location.

1230:06/18/2009 03:24 - On today's date I responded to Church Street along with Sgt Mitchell to assist

Officers on a vehicle stop. Upon arrival I observed a white male later identified as SCOTT ERICKSON,

handcuffed and walking toward the Officers on scene. While exiting my vehicle I heard Officer's order

Erickson to comply and Officer Davis advise Erickson to get back in the vehicle or he would be tased. I

then heard the sound of the taser being deployed. I approached the scene and observed that Erickson had

been tased by Officer Arpei. Erickson was then placed in the patrol vehicle by Officers. Officer Davis

along with Officer Callahan then secured the ID, tags and a taser cartridge door. Officer Davis also

secured a open can ,of Budweiser beer from inside the vehicle. The Officers advised that Erickson was

not cooperating and at one point had attempted to walk away prior to being placed in handcuffs. They

also advised that when they attempted to place him in the patrol vehicle that he would not put his legs in

and that he then exited the vehicle' and went toward Officers in an aggressive manner. There were no

civilian witnesses to the incident and no video surveillance in the area. Photos of Erickson were secured

by Officer French at the station.

Officer's signature: , Date: ,, 5"0-.+ /t------"2- ~ ß- il Jo 6!Í ølo J. Routing: Investigating supervisor to CommandingLieutenant; to Assistant Chief of Police

Form - SSPD-20.1Page _1_ of .L.pages

¡_.i

/'

¿OF FORCE REPORT.>

Part III (Training/ CommandReview)

/

-' Training Unit Recommendations (continue on separate page ifnecessary)

J' ¡¿ [,S orV P 'i ft fO II A\ ff) A Pl-((¡fe P--t Il o iAt .1\1Lâ Itfj (-/!~! í J.1 E -(It see. U 'S ~6') uJ-fr\-I$ cA<;íí ({tIa) 5i-1owuJ. O¡.J~ 5 )~CóNf) c+c u: A-t "1/1vtf: or:I rJ c: I {) G. ¡vt: (J b ArJ !-0.4 () f2- E:.[.J IJ Q: .?) 77':" c ri tf: f.L

Trainers signature:

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7.:.6-0 ~

SignatureofAssistantChiefof Police:Date: Date:.,.---,..,.-=..!'"

Review/Recommendations by Command Supervisor: (continue on separate page ifnecessary)-,; _ -' .- :,...

/ ~ b.J I 'ñ:£J lfi(æf~ ~ ërtJ-r.· 1a .J12f ~ ¡tL'f1t{(i 1151'{;j' &ÆJ ~ Ii/vtJlffr'J¿ .ftJ'l:1!1: IJIf l/!J J.... __ ïô t!1!rrh (lY /Sfl'VLlJ

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Signar 1f3{;anØ7;;0r:

Command Supervisor Recommendation: check all that apply Final Disposition: check all that apply -OÇontinue Investigation-- TOT: g]Closed by Investigation/ appropriateforceused

~.cBI-appropriate use offorce DFormal ReviewBoard DGeneral trainingdeficiencyidentified/ addressedJ /OTrainingdeficiency noted DDisciplinary Action DOfficer was counseled andretrained

OCounsel/ RetrainOfficer DOther: DDisciplinary action has been commencedOPolicy failurenoted DOther:

Form - SSPD-20.1Page __ 0/__ pages

'-"

SUPERV~SORYlASER X2ô® USE REPORT't:.-,~'1~.""1l1l1.1'íO \e""'·'

Date/Time: 6118/2009Toser Officer's Name: PtI. P. Arpei

On Scene Supervisor: Sgt. Crooks; Sgt. MitchellCallahan

Officer(s) Involved: PtI. Sesselman, PtI. Davis, PtI.

Air Cartridge Type(s): __ 25-ft XP Toser Serial #: XOO-424240

Location of Incident: DIndoor . ~Outdoor OJail OHospitai

Incident Type (check appropriate response(s) below):

DCiviI Disturbance D Suicidal DSuicide by Cop ~Violent Suspect DBarricaded DWarrant DOther:

Nature of the Call or Incident: Vehicle Stop/DWI

Charges: DWI, resisting arrestType of Subject: ~Human DAnimai

If Human: Sex: ~M OF Height: 6'4". Race: WH Weight: 240lbsAge: 35

Admitted to Hospital for Injuries: DYes ~NoYes ~No

Admitted to Hospital for Psychiatric: D

Medical Exam: DYes ~NoSuspect Under the influence: Alcohol/Drugs (specify):

Medical Facility: __ Doctor: __

Was an officer/law enforcement employee injured other than by Toser? : DYes ~No

Toser:use: ~Success DFailureclothes

Suspect wearing: D heavy clothes ~ loose

Number of cartridges fired: l Number of cycles applied: l

ForToser Applications: Was this a probe deployment? ~Yes DNadeployment? DYes ~No

Was this a drive stun

Approximate target distance at the time of the probe deployment: lQJeet

Approximate distance between the probes: 1ª-inchesYes ~No

Need for an additional deployment? D

Did probes penetrate the subject's skin? ~Yes DNa Probes removed on scene? DYes ~No

Did Toser application cause injury? DYes C8JNo If yes, was the subject treated for the injury? DYes DNa


" '

APPLICATION AREAS(Place "X's" where probes hit suspect AND "O's" where stunned)

\¡

, ~fJ"r (r \ ~

1I1\\-~r>,<,I•.!.,' r=:J L ,!~\

SYNOPSIS: Subject attempted to walk away from officers after being advised he was under arrestand then refused to be placed in the rear of 4216, removed himself froim the vehicle and attemptedto become physically aggressive with officers .

. Need for additional applications? DYes IZINoNo

Did the device respond satisfactorily? IZIYes D

If the Toserdeployment was unsuccessful, was a drive stun follow-up used? DYes IZINo

Describe the subject's demeanor after the device was used or displayed: Subject was fully compliantand the arrest was effected without further incident

Were other means attempted to control the subject? DYes !XINoor listother below)

If yes, what types? (Check

oc Spray: DYes [giNo Baton:' DYes [giNo Authorized control techniques: DYes [giNo Other: __

Photographs Taken: IZIYes DNa Report Completed by: PtI. P.Arpel

ADDITIONAL INFORMATION

· '!.. l "'rJJ~,J;;··'¡'~i ·í-··a ._~- f ·2 r··~ß- .. '~r j EJ â;"J .~.. L".....:..

TASER Information Downloaded BySerial # XOO-424240 Name Robert JillsonIvrodel # X26 Dept Saratoga Springs PDX26 Software Version 21 Rank LieutenantDataport CD Version 16.0 Windows lvlicrosojt® Windows NT(1M)

06/17/2009 - Version Service Pack 3Record Date Range

06/19/2009 ReportGenerated 06/22/0910:01:50 (local)

Computer Time Zone Eastern StandardTime

Using DaylightYesSavings Time



Seq GMT Time Local Time Duration Temp Battery0001 06/17/0911:56:11 06/17/09 07:56: 11 1 24 930002 06/18/0906:00:57 06118/0902:00:57 5 24 930003 06/18/0920:32:53 06118/09 16:32:53 1 24 920004 06/18/0920:32:55 06/18/09 16:32:55 1 24 920005 06/19/0904:10:59 06119/0900:10:59 1 26 920006 06/19/0911:53:16· 06/19/09 07:53: 16 1 27 920007 06/20/0902:00:22 06/19/0922:00:22 l 22 92

End of Report.

Recorded X26 Time Changes

Seq GMT Time Local Time Change Type

about.blank6/22/2009 .

... ~-. ..... ~.Jl. ..... .IO.~JI.. U Supp ::;::;-UJ.!:lU8-09 S5-014043-09

·.~'.·I--v-e-h--~·_c_l_e_a_n_d--=p=-r_o_c_e_e_d__ t_o_dr_~_'v_e__w_e_s:--t_._o_n_C_h__ur_c_h_S_t_._Wh_~_"_l_e_b_e_h_i_n_d_t_h_e_v_e_h_~_'_c_l_e...;.,:...._N_Y_RE_G_--I1X I. EHR 9114, I observed the vehicle cross the double solid lines on two occasions .

~ and proceed to drive westbound in the eastbound travel lane.' I activated my ~if; emergency lights and conducted a vehicle stop on Church st. just west of lHlen r;-l:'J( Dr. Upon exiting my patrol vehicle I made contact with the operator SCOTT L.J'V,. ERICKSON. While speaking wi th Mr. Erickson I observed glassy bloodshot eyes, ~E r-~s:-lï:u:r:r:::e::;dr:s:p::e::e::c:;hh,-:i~mp~:a::;i:-;r:::e:d~:m:o:t~o::;r~c;::o:::o::r:::di~'n:::a~t::~~'o=n:-::a:::n:d~-:a::-::s-:;t::r:::o:n=g~O:d~o:r:-:o:f:;--:a::n:-_~a-:;l-:c::o~h~o:-:;l~~~'c-:::------~==:!~

beverage coming from him as he spoke. I asked Mr. Erickson to exit his vehicle 9

A.. -

2C.

D.47

25.PersonType:CO=ComplamantOTë'OtherPI=PersonInterviewedPR=PersonReportirigWI=WilnessNI=Not InterviewedVI=VictÏni 26.Victimalsocomplainant (gjy ON E.1<' YFEINO 'NAME AST.FIRST.MlDDLE.TITLE. DateofBirtb. .STREETNO.,STREETNAME,BLDG,NO.r'IPT.NO.,CITy,STATE,ZIP :Ter honeNo. ..'s·!ip.;.;:':;':;~+~=~~~="":=:;::;;:=-~:=¿"--+"';";;=~=;;;;"'~;':;:;;;=;";;';===:':;';======;';:;::~':;;:;;":'¡::':':;::':;¡:;:::""i=B'::U::s;":';===;;;"--l~--l~ E CA DOHENY, ÈLIZABETE!, F.dR'~~==~~~~~~~~3D~.~~ WEEKES, SARl>,. C . - --- ".- ::. G.

AN BUS!I!S CV ARPEl, PATRICK 5 LAKE AVE SAR..:i\,.TOGASPRINGS, NY 12866 I-

RE-S

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RES.. esmence arus emp es.- oreign at.,

OResident DTourist DStudent Œ10ther.DCommuter Mili Homeless UnklNotIndicated

27.DateofBirtb. 28.Age . ex . ace . umrc _. oicapS ~fDF ~te []Black DOther []Hispanic Dunk. DYes.ª DU Indian Asian Unk. Non-llisoanic IZlNo

.' .:....: 34.VictimPID receiveinfannationonVictim'sRightsandServicespursuanttoNewYorkStateLaw DYes DNa~~~~~~~~~~~~--~~------~-'~~~~--~~~~~~~~--r-------~~--------~-------iK4.i,: :" 35.Type/No 36.Name(Last,First,1vfiddle) 37.Alias/NicknameJlvfaidenNnme(Last,First,1vfiddle) 38.ApparentCondition

DImpairedDrugs DMentalPis DUnk.:.·::f.it~AR~~ié1~ERI~~CK~SiOiiN¡u:S~C~O~T~Ts:J~~~~~~[__ ---, ----l'iö]~oelid~...Î-.·Î··I1mlalirled.:::::co::....I~In;ITIl~~~~A~~N~o::;nn.:::..--ÎL.41~ 39.Address(StreetNo.S~etName,Bldg.,No., City.,State~Zip) 4O.Phone R 41. SocialSecurityNo.

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.:RT""·· ·v· 50.Vehicle Status 61.LicensePlateNo FulllZl ~2.State 63.Exp. Yr. 64.Plate Type 6:>. arue 25.00 !si..~ EBR9114 PartialD NY PAS 5000.00 L-J

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::.. 71. CoJor(s) 72. TowedBy: MATTr S j. e c e otes IX I: ::,Y. RED To: :-:MAT==T:::S,...-------~---------------------~~~..------~----------------~-------------4[XJ':;)'- '1222: 06/18/2009 03: 53 - While on patrol in marked uni t 4216 I observed a red

o •• ; .. ~.:.I--------------------------------------------=--------------------------------------_c---------- -1!J I-_v.:.e=h::i=-c:.:l::..:e=--=p::...u=l::l=-e.:.d.:.:.....:o..:f:.:f.=..-_t..:o_t_h.:.:...e_s_..:~·_d_e_o_.:.:...f_C..:h_u-.::r_c..:.h.=..-S..:...:t..:·.~w-.::e::s_t=-..::.o..::.f.:.:...W:.:..::e..::.s__t::....:A=:IF:.:..:e=-.~w--=i=-t=h=-..:t..::.h=e=-o.:.:::p..:e:.:r::.a=-:t=-o:.:r=-~ Ix I

standing outside of the vehicle. I observed the operator get back inside the

J. 00

0· 7.!,In'luiries(Check~atapplY). D 76. NYSPINMessageNo. 7.ComplainantSigouture PATRICK ARPE! B ..'2:' 6O/

DMV. ~>VantlWarrant. Scof!law use cover

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'i;; 1222 PTL ARPEI- ~~~=-------~~=---~~~~ñL~~~~~~~~~~~~--~-------r--~~~~~-;_J..~~~~~~ ----4 Page';;:-. 82.Status DOpen IZlClosed(ifClosed,checkboxbelow). []Unfounded 83.StatusDate 84.NotifiedlTOT of.2;, DVict Refusedto Coop. Œ1Arrest oPres. Declined D WarrantAdvised 2r.C DCBI DJ,,'V. - No Custody DArrest-Juv. DOffenderDead. DE"irad. Declin DUnknown Jun 18 2 O O9 Pages

~'=-~<======~=====================-=m=========m=-__============~==~=====================--==-=-==~--._--~~.~ ~="V-'C\..1. \Cofil:anuation page) --~- ,:;. U.L. oG

INCIDENT No.: SS-01808-09

, ,========================--,-====================================================BLOTTER/CC NO.:SS-014043-0Q

================================================================================ADDITIONAL NlŒL~TIVE

and perform a series of field sobriety tests which he complied with. The firsttest administered was the horizontal gaze nystagmus. I asked Mr. Erickson if hehad any problems or abnormalities with.his eyes to which he stated he did not.Mr. Erickson lacked smooth pursuit, sustain nystagmus¡ at maximum deviation aswell as nystagmus onset prior to 45 degrees. The next test administered was thewalk and turn. I asked Mr. Erickson i'fhe had an physical problems wi th hisfeet, ankles¡ knees or hips to which he stated he did not. Mr. Erickson steppedoff the line on. step two and then stopped and proceeded to attempt the testagain. Mr. Erickson stepped off the line on all of his steps and none of hissteps were heel to toe. The last test administered was the one leg stand. Mr.Erickson could not maintain his balance throughout the entire test, raised hisarms past his waist to help maintain balance and dropped his foot on counts2,3,and 4 and then Mr. Erickson stopped the test himself. I instructed Mr.Erickson to turn around place his hands behind his back as he was under arrestfor driving while intoxicated. Mr. Erickson turned around, placed h~s hands ontop of his head and proceeded to walk away from officers. Mr. Erickson wasinstructed to stop which he ignored. Officers then physically grabbed Mr.Erickson's hands and placed him into custody. Mr. Erickson was escorted to therear driver's side door of 4216 and instrùcted to sit inside the vehicle. Mr.Erickson started to sit in the rear of 4216 when he stopped and attempted to get

out of the vehdc.La, Mr. Erickson was instructed to get back in .the vehiclewhich he ignored. Mr. Erickson exited the vehicle and immediately closed thedistanc~ between himself and PtI. Davis and PtI. Callahan. Mr. Erickson wasinstructed to back away and get back into the vehicle. Mr. Erickson ref~sed toget back inside the vehicle and was given warnings that the taser would be'deployed if he continued 'to resist. Mr. Erickson still would not comply withofficers instructions at which point I deployed,taser #10. Mr. Erickson wasremoved from the ground and placed in the rear of 4216 with the assistance ofPtI. Davis. Mr. Erickson was transported to HQ where he was read his DWI refusalwarnings at 2:16 am and his Miranda warnings at 2:17 am. Mr. Erickson agreed tosubmit to a chemical test which showed his BAC to be.22%. While at HQ the taserprobes were removed from Mr. Erickson's chest and photographs were secured by

PtI. French. Mr. Erickson was processed and celled pending arraignment.================================================================================

ADDITIO~~ OFFENSES(s)

--------------------------------------------------------------------------------Off # ILawl Sectionl Subdivl CLICat IDeglAtt I Name af Offense================================================================================

ICtsl

51VTL I 11921-261PL I 205.3 01-

lA 1M IlA 1M, I

I a IDRIVING WITH BAC MORE THAN .08I O IREST STING ARREST I 1 I

I 1 I

-· .........v_ rr.. _.,:)

àfficer Rank/Name: PTL CHRISTOPHER H CALLAHAN

Department: Saratoga Springs Police DepartmentDD Number : ~ Case Nu,mber. : SS-01808-09

Blotter/CC #: SS-014043-091889:06/18/2009 04:09 - On the above date and time responding officer and OfficerDavis were on patrol in marked unit 4212 when a call came over the radio dispatchingOfficer Arpei and Officer D.Mullan to the area of the intersection of Chruch Streetand West Avenue for a possible 1192. Officer Mullan responded that he was alreadyinvolved with a different vehicle stop. Dispatch then informed Officer Arpei that acaller stated that the suspect vehicle was stopped near Care Lane and the subject wasexiting his vehicle. Moments later Officer Arpei radioed that he had a vehicle stoppednear the intersection of Church Street and Allen Drive. Responding officer arid OfficerDavis proceeded to that area to back up Officer Arpei. Once on scene I observedOfficer Arpei approaching a red Ford Taurus. I walked to the passenger side of the carand noticed an open 30 pack of Budweiser beer cans on the back seat next to a duffelbag. I then observed an open can of Budweiser beer wedged between the front passengerseat and middle console. Officer Arpei interviewed the driver, later 'identified asSCOTT J. ERICKSON. Officer Arpei later asked Erickson to exit his vehicle and submitto SFST. Reporting officer noticed Erickson was a large male, approximately 6'4, 270lbs. Subject stumbled getting out of his vehicle and then walked to rear of his car tocomplete SFST. Reporting officer witnessed subject' fail all SFST's administered.subject was told to turn and face his vehicle and place his hands behind his back. Atthis time, the subject began to walk towards driver side door and Officer Sesselman.Officer Arpei immediately secured Erickson's hands and placed him in handcuffs .

.Erickson demanded Officer Arpei's badge number when asked to sit in the back. of markedpatrol unit 4219.Erickson then sat down in the back seat with his legs outside thevehicle on the roadway. He then attempted to get out of the vehicle and st.ood up,stating that he would not get into the vehicle. Officer Davis then instructed Ericksonseveral times to get back in the vehicle or he would be tased. Officer Arpei displayedhis taser to Erickson and placed red dotan Erickson's chest and told him severaltimes to get in the vehicle or he would be tased. Erickson continued to refuse and wassubsequently tased (l cycle) by Officer Arpei. Reporting officer and Officer Davislater helped Erickson to his feet so he was able to get into the back seat of patrolunit 4216 on his own. Officer Arpei transported Erickson to H.Q. while reportingofficer and Officer Davis stayed on scene to wait for a tow truck from Matt's.Officer's completed tow sheet on scene and yellow surcharge sticker for Matt (towtruck driver). Matt initialed the tow sheet as to property observed to be left invehicle (Beer and a duffel bag. of clothes). Reporting officer secured the openBudweiser can which was cold to the touch and half empty. Reporting officer securedErickson's cell phone and brought it back to H.Q. and placed it in a property locker.Reporting Officer and Officer Davis assisted Officer Arpei with fingerprintingErickson. Reporting Officer and Officer Davis then celled Erickson in cell number 2.

Si~ure./r ..~~,~~~~,~~~~~~~=-__l I·Á;/./..,?:~ ~ dD.(0.. .~l-z~"7...-74~'Jfh _ Sq. Superv.:

. ~ --.,.. c.a. :

Officer Rank/Name: SGT SHANE L CROOKSDepartment: Saratoga Springs Police DepartmentDD Number : , Case Number.: SS-01808-09

Blottei/cc #: SS-014043-09

1230:06/18/2009 03:24 - On today's date I responded to Church Street along with SgtMitchell to assist Officers on a vehicle stop. Upon arrival I observed a white malelater identified as SCOTT ERICKSON, handcuffed and walking toward the Officers onscene. While exiting my vehicle I heard-Officer's order Erickson to comply andOfficer Davis advise Erickson to get back in the vehicle or he would be tased. I thenheard the sound of the taser being deployed. I approached the scene and observedthat Erickson had been tased by Officer Arpei. Erickson was then placed in the patrolvehicle by Officers. Officer Davis and Officer Callahan then secured taser ID tagsand a Taser cartridge door from the scene. Officer Davis and Officer Callahan alsosecured a open can of Budweiser beer from inside the vehicle.

Signature '-:ll.'!' ~~ l..,¿#-~¿r-;D. O/.: y /.Ød~",....-M%-~f Sqd.

f -"! v- --

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Superv ..: c.o := ......

.,C: Saratoga Springs Police Department",er: •

.INarne: PTL JOHN J SESSELMAN

Case Number.: SS-01808-09Blotter/cc #: SS-014043-09

¡rOfficer responded to the area of Rt#9nat Allen Drive to assist Officer P. Arpei. 7

flO was off on a traffic stop with nyreg:EHR9ll4. Officer was maintaining trafficv/~ontrol while Officer Arpei was conducting field sobriety tests with the vehicle

operator, Scott Erickson. After concluding the tests with the assistance of OfficerDavis, Arpei advised Erickson that he was under arrest and to place his hands behindhis back. At that time, Erickson appeared to disregard Officer Arpei's commands andbegan to walk away towards the front of his vehicle. Erickson was stopped andhandcuffed a short distance away. He was then advised to get inside the back of thepatrol car. He sat down on the seat and then refused to put his legs inside andcooperate. Erickson then began yelling and demanding officers names at the scene. Hestood up ànd attempted to leave the area. Officer Arpei further advised Erickson thathe was under arrest 'and to get back in the patrol car or he would be tased. Ericksonhad a strong smell of an alcoholic beverage emanating from his breath and appeared tobe intoxicated. He became further uncooperative, resisting arrest efforts. Hecontinued walking away from the police car and toward police, while refusing police ._commands to comply. Erickson was then tased by Officer Arpei and placed in the patrolcar with assistance from ~fficer Davis. Erickson was subsequently transported topolice ~d~arters by Officer Arpei then escorted to the booking desk by reportingOffice~ ~

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.:

Department: Saratoga Springs Police DepartmentDD Number: +


Officer Rank/Name: PTL LLOYD DAVIS

1229:06/18/2009 05:14 - Reporting Officer (FTO)and Officer C.Callahan were in markedpatrol unit 4212 when dispatcher dispatched Officer D.Mullan and Officer P.Arpei to apossible 1192 at the intersection of Church St./West Ave. Officer D.Mullan stated hewas off with a different vehicle. stop on Circul.ar St. and unable to respond to ChurchStreet. Reporting Officer and Officer Callahan pr'oceeded to Church St. to back upOfficer P.Arpei. Caller informed dispatch the suspect vehicle was near Care Ln. andthe suspect was getting out of vehicle. Moments later, Officer Arpei stated he was offwith suspect's vehicle on Church St. near Allen Drive. Reporting Officer and OfficerCallahan approached passenger side of vehicle and observed a open case(30 pack)ofBudweiser beer on rear seat near a tan duffel bag. Reporting Officer then noticed aopen can of Budweiser wedged between the passenger seat and center consol~. OfficerP.Arpei asked the driver to step out of the vehicle for SFST,driver later identifiedas SCOTT J.ERICKSON. Erickson stumbled as he exited the vehicle. Erickson walkedback to the rear of his vehicle with Officer P.Arpei for SFST. Erickson failedHorizontal Gaze Nastagmas test by moving his head while watching Officer P.Arpei movehis finger to administer test. Reporting Officer observed Erickson stumble and failto place heel to toe on walk and turn test. Erickson had difficulty keeping hisbalance during one leg stand. Officer P.Arpei asked Erickson to turn arqund and placehis hands behind his back. Erickson .turnedaround with his hands behind his head andwalked toward the driver side of his vehicle. Officer P. Arpei immediately placedEricson into handcuffs before walking back to marked patrol unit 4216. Ericksoninitially sat in rear of vehicle with his legs hanging out door. Erickson becameupset and refused to place' the rest. of his body inside of vehicle. Erickson thenst.oodup and stated he was not going to get into patrol vehicle. Reporting Officerordered Erickson several times to get into vehicle or he would be tased. Ericksoncontinued to refuse to follow directives and was tased by Officer P.Arpei. ReportingOfficer aridOfficer Callahan helped Erickson to his feet so he could get into patrolunit on his own. Officer P.Arpei transported Erickson to H.Q. while Reporting Officerand Officer Callahan waited at the scene for tow truck. Reporting Officer and OfficerCallahan secured Erickson's cellular phone from vehicle and later placed it inproperty locker at H.Q.· Officers informed Matt from Matt's Towing that there was aduffel bag of clothes and open case(30 pack)of Budweiser beer that would be left inrear seat of vehicle. Reporting Officer and Officer 'Callahan secured open can ofBudweiser beer(cold)and took photos at H.Q. Officer French later downloaded photosonto CD. Reporting Officer notice property(bankbook and pen) in Erickson's frontpocket,Erickson stated "HE WAS AN ASSHOLE EARLIER,BUT HAS CALMED DOWN. ReportingOfficer and Officer Callahan celled Erickson in cell#2 after fingerprinted. OfficerP.Arpei placed taser blast 'doors and cartridge into evidence bag,bag secured inevidence locker#3

'1

Si/~natur~, ," ~ . ':"!~i ,,/,ff;;, /A' "D .p.', ,Ø1pr ....'4'''''~.d' Sgd. Superv.: ...: _; ;7' . L> """""'~-¿;--

,"--"

c.a. :c;::> -

Department: Saratoga Springs Police DepartmentDD Number : •


Officer Rank/Name: LT LINDA J QUATTRINI

While administering the breathalyzer test to Erickson, I observed that his breathsmelled heavily of an alcoholic beverage, his speech was slurred, and his eyes wereglassy and bloodshot. The results of the breathalyzer test were .22% BAC.

/! " .~~

"

-· .............. v"- Tr_ o

Officer Rank/Name: PTL ADAM FRENCHDepartment: Saratoga Springs Police DepartmentDD Number : . C~se Number. :SS-01808-09

Blotter/CC #: SS-014043-093041:06/18/200905:57 - On today's date, reporting officer tookJ. ERICKSON's chest identifying the areas where he was tased.taken of the Budweiser beer can that was found at the scene.onto a CD and placed it into evidence locker #2.

'1

photographs of SCOTTPhotographs were also

I burned the photographs

Signature " ",r;;:e/!,/L-£ .11-4-

~

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( .'-7' ,y)? no = . c.a.:

I I",,, .~~~~ •• ~.~.,. Lil -~ ~~~~~ ~~ I~'MN~O~:-------------~16.-A-=rr~es~t~N~O-.----------~1~7~.~A-g-e-n-Cy----------------------~L-----~1~8~.~D~iV~i-s~io-n~/P~re-c~in-c~t+-I--------------J

SS-00575-09 Isaratoga Springs Police Department 1

1192 A M N NOAPPUTTOTH

~ I- 'o- Non-Resident , UnkO ~ 16. Date of Birth 17. Age 18. Sex 119. R~ce [()]White O Black D Asian 120. Ethnic m Non Hispanic 121. Skin m Light D Mediumffi ~ 35 [()]M OF D U I DIndian D Other D Unkown DHispanic D Unknown ODark O Other D Unknownfu ~ 22. Height 123. Weight 24. Hair 25. Eyes 112b.Glasses Ig- . isuuo JI~·,lVlantal status D Ccmm Law 29. U.S. Citizen 30. Citizen Of

. O :: 604 250 . OTH BLU D Yes Small O Med ~ Married D Single Fl Separated Yes D NoIXlNo DContacts Large Fl DivorcedFl WidowedHUnk Unknown

31. Social Security No. 32. Education 133. Religion 34. Occupation 135. Employed 136. Scars/Marks/TattoosCDescribe)389-78-8428 12 . OPERl'_TOR ~Yes DNa

37. Arresting Officer 138. ID No. 39. Assisting Officer 140. ID No. 141. Arrest Date I 42. Time 143. Location af Arrest CC~ T D VD)~ AP.PEI 1222 SESSELMAN 12872 06/18/2009 101: 45 I CHURCH ST SARATOGA SPRINGS

l- § I±t. Juvemle 4). Condrtion or !Jetendant At Arrest 46. Weapon(s) at Arrest 147. Co-defendants Arrest No.f./¡ I- ÇUuv-~ FutherProcess D ImpairedDrugs D MentalDisD AppNann I I I!:!;i ~ I [Yes !.AINo' Tm ImDairedA1CD nInilIlIË2 æ 48. Miranda 1;49.Miranda By 1,5o.IvlIranda Date ISl.IvIir. Time I)~:it~tements 1153.Starus . ,)4. Search Warrant IR)"\U tT°ceaurecC O / • OWntten O None DBaiJlROR Lme Up

!:;: IKIYesDNo ARPEI o06/18 2009 02.17 FîVerbal Inparole nProbation nYes r:x:!No None nShowUonPhoto:: 56. Arraignment Court 57. Arraignment Judge 58. Date 159. Time 160. Property 61. Evidence 61a. Processed By 61b. Disposition

CITY COURT 06/23/2009 09: 00 DYes mNa [()]Yes DNa

67. ArrestType, 68. Warrant No. 169. ArrestFOA 70. Other Agency 71. F/PITakenD PWD IW [!:g SUM D CIP D CaMP DY l'ViN DY MN~nOpñFC,ñvopñBW FlAW FiaT es ~ o ,_ es I!!J o

62. Incident No. 63. Arrestee Status 64. Bail Amount 1165.Bonds, manD ROR D PoliceBail [!:g HeldSS-014043-09 InC.shBail F BailBond nAppTkt ñRelto3rdPany

66. Photo No.

72.Location of Offense (CJ2gTDVOl 73.0ffense Date 174. #Offn'drs 175. # Viet. 76. Return Court 177. Return Judge 178. Return Date 179. TimeS~g~As~PRINGS NY SARATOGA 06/18/2009 '1 CITY COURT 06/23/2009 09:00

80. Defendant/Case TOT Agency 180a Officer's Name 80b. ID No T 81. Time 182. Date

~ ;,8,~i:~\t;Yi~Æ~L~l§~Rfß:j.\#i,jr!~ï,S~~ ;~W;;;~~Æi~g~¡~]'i!l\~~~f,flfJ~~~i.~J$;~F!~ßF.4~'f¡r~w:~~§~~ºX~~q¡;~'f!£ !i;.tti~~~f*~A~~;;~f.~,$;º,q&Æ:.~s~;fj:W;;~F¿~~'

~ ¡: VTL 1120 -A I N FAIL KEEP RIGHT 5 4 O 5 NO ifJ~~ orn$ ~ VTL 1192 -3 A M N D'W"I 5 4 O 4 NO ' ¡;¡~O ~ ElOTH

== VTL 509 -1 I N UNLICENSED DRIVER 5 4 9 9 NO ¡;¡ifJElaTH

VTL -2A DWI 5 4 O 4

NO ¡;¡~El OTH

VTL 1192 -2 A M N BAC >.08 5 4 O 4

PL 205.30 A M N RESISTING ARREST 4 8 O ~ NO §~OTH

84. Person Type , OT = Other SP =Spouse CD = Co - Defendant SC = School PO =Parole Officer VI = Victim RE =Relative RP =ReligiousPersonEM = Employer CH - Child PA = Parent AS = Associate LA = Lawyer PR =ProbationOfficer WI = Witness CO = Comolainant DR = Doctor

~~~~tt1I.!ff~~~~§~%W!jg~~~~i'~~~~~~~j@:~~Q'~¡:~~~ = CA DOHENY/ELIZABETH " (518) 470-0466~o '~ ~ RO WEE'KES, SARA C 11'17 CONGRESS ST APT # Al, SCHENECTADY ,NY

~ ~ CV ARPEI,PATRICK 5 LAKE AVE SARATOGA SPRINGS,NY 12866« o ~ __-+ ~ +- ~ ~ ~~ ~------~g~~ ~--~-----------------------------r---------------------------+--------------------------4-----------~~«

(518) 584-1800

85

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~---------------,---------------------------I

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Page86. Arresting QfficeJrslgfu¡(úr~/ 87. ID No. (,~/~'. S)1pe~,.~~~~o '~'1"'89. I:? ~o:..-¿/

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DYeo~;,ÓNo OUnknown 91. ';/2. V 93. Pages,

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1Time:103:22

Date ofoccurrence: 6/28/2008

Blt#SS-O 13126-08


IncidentLocation: Caroline St..

Case#SS-02043-08

Arrest #SS-00447-08

1Control #I.ÎObK-6 J

,_..:N..:..;a..:..;m..:e:..:o;;.:f..:..;s...;..us:..;.p.:.e..:..;ct_: ~~DOB: lwRHace: 1M

sex:john Batchelder ~"

Address: telephone #

Reporting Officer:PtI. P.Amei ID#

12221Assignment:lPatroIWitness Name Witness address Telephone#

Other Officers at scene ID #PtI. Braim 0992

Officer in;ured before or after force? briefly describe injury

PtI. Sartin 0791

Sgt.. Tetu 2762

Describe suspect injuries prior to and after force was used:

Did suspect require medical treatment? Oyes5J"No D Other - (add in

narrative)Name ofattendin~ medical providers'

Suspect taken to Hospital D AdmittedJ....:::.;H~o:::.sDt:.:ii:.::ta=l...::b4:...v::------------ --.J~ ~A.:.:c:..::ti:.::o.:.:n.:....,:O Treated and released

Suspect's condition at time of force: O ,¿ppeared normalORefused treatment _ (see below)ŒlJiad been drinking O Other - (describe in narrative)EfIntoxicated by alcoholic beverageO Under influence of drugsO EmotionaIIylMentaIIy disturbedD Other (explain in narrative)

List Investigator(s) assigned, if any:

D Photo's D DiagramDStatements D Other ;I"

\Medical treatment )g(EMS\ Ar- Ht.Q]

"providers: D HospitalAddress of medical treatment provider Phone#

Was suspect arrested? 1i¡'Yes(attach copv arrest report) D No-'--'"


Rep,ortin&-Gt.f1ger's sig!lattrfe/ ')'»: , ß)/~/f ~4~f .d' ",-4/

On scenesupervisor(s):Sat.. TetuInvestigating supervisores) assigned:

APProvo~ 5&1

pagesPage_/_ of_~ <:»:

Form - SSPD-20.1

USE OFFORCE REPORT Part II-B (Incident Investigation)Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witness

statements and medical reports, if any. Describe all evidence secured(continue on separate sheet of paper ifnecessary) and its storage location.

Myself and other officers were on Caroline Street in front of Clancy's and Trotter's bar. We just finished talking

with a subject identified as TERRENCE MARS ELL. MarseIl was creating a disturbance in the area and was. .

advised to go home. Marsell walked into the parking lot located at Caroline and Henry Street. Within

approximately two minutes MarseIl began fighting with two other men later identified JOHN BATCHELDER and

PATRICK MILLER. All officers approached them and ordered them to stop fighting. The subject ignored us and

continued to fight using personal weapons. As we started to separate individuals. MarseIl ran away South on

Henry Street. OFFICER PATRICK ARPEl, OFFICER SARTIN and myself ran after Marseil. We caught up with

him on Henry Street at the intersection of Lafayette Street. MarseIl jumped and spun around in the air facing us

with closed fists. I ordered the officer to deploy the Taser. Officer Sartin deployed the Taser that struck Marseil.

He fell to the ground and he then comQlied with officers instruction and was arrested.

Myself and Officer ArRei heard OFFICER BRAIM and OFFICER MULLAN call for assistance. We ran to their

IQQ¡;¡tiQn. I Qº~eOled B¡;¡tQhelder nusb º¡;¡QIsQfficer~ Braim ¡;¡nd Mull¡;¡n wbile rªi~ing his ñst and wildl~ swinging at

both officers Officer êrpei bad Dot ¥et aechled I dæw CD¥expandahía baton and struck Batchalder QO the

inside of his right leg twice j' 1st abOlie the knee joint and galle "erbal commands to get on the gro'lOd

Batchelder ignored my commands and continued to swing his fists at me and the other officers. Officer P. ,A,rpe.i-

arrived and I ordered him to deploy the Taser. Offiser P. Arpoi deployed the Taser. 8atchelder fell to the ground

el:ft eeFitiFll:feelte fi§Rt I eFelereel 9ffieeF P. ÄF¡geite §ive BeteReieler eFietRer 5 seeeFlè eyele. Ile eeFitiFll:feelte

lesist and failed to compi)' ~~itll irrstrtrctiorrs: I ordsred efficel P. Arpei to gi~e BatcIIeidel a tflild 5 seeond c)'cle.

BatclleldeJ cotnpñsd with hrsn netion Dilly aftei Ieceil7Í1lg till ee additiOi Jaldl il7e stuns al Id was all ested.

john Batchelder is approximately six feet tall weighing approximately two tmndred ten pormus . . f=le smelled

of alcofiollc Beverage. Reaemonsfrafea ana verBallzea filS Infenf ro use personal weapons against police

officers. Re affemptea to aVOIa arrest 5y means of pfiyslcal Violence against multiple o~lcers. Bafcfielaer was

given clear, simple and direct instructions to avoid all conflict. Lesser force was initially used. I ordered the use

of the Taser based on the totality of Batchelder's behavior and actions. The component parts of the Taser

cartridge were collected and secured as evidence. All officers involved reported to me their actions and

observations of this incident.

All officers acted in accordance with GO 20.1 and GO 20.62. Their swift and persistent action resulted in the

apprehension of a violent suspect without any injuries to the suspect or arresting officers. cæJr-, .

Reporting supervisor's ?1F.lC -SC=, I Date: 28 June 2008rank & signature:

Routing: InVestigatin~rvisor forward all associated reports to Assistant Chief of Pol ice (Training Unit)


LJ~.t:. .z...n:..u- r L.uU'.l.\..L .l..r2JJD.L'l UÚD n..D.£ V.l\.J..

-.-</.' .{ Ofrt A f. Date/Time: ((@¥&- TASER Officer's Name: / öi.#0 r' IL _qr;oe,

6..;;>¿2-

E-mail: Department': .51f'oJ'(jz' .....%t6(\fnct' fZ)Dept Address: s= Li .!t.:~ 4v.e,. Phone; S(¡-t./-- / ¿-ön

On.Scene Supervisor: SJ. 1~, Officer/s) Involved: .kg /~'7 ¡1/Vdfv, ft.r !H;), tp~a(' /(. ArD 'é'/r Su."¡':.n,J' 7 / / / r,

TASERModel (check one): /TASERX26 _ADVANCEDTASERM26 '

If an ADVANCE TASER M26 Was Used, What Battery Type: _ Alkaline _ NiMH

Air Cartridge Type(s): _ 21-ft Standard _ 21-ftXP _15-ft :2.5 rrTASER Serial #: XL~?13V~7i Medical Facility: Doctor: _

Nature of the Call or Incident: '!:"'¡;~5'4' 'fU.6:z.../_· Charges: DI's~'h!R~'!J Booked: ~N'

'Type of Subject: '~uman _ Animal ILocation of Incident: ( ) Indoor (Ätdoor ( ) Jail ( ) Hospital

TYPe'of'Force Used (Check all that apply): (,fphysical () Baton ( ) Impact Munition ( ) Chemical (~) Firearm

Nature of the Injuries and Medical Treatment Required: C.H~cK.e~ BY, fiM}-NO fU~7rlf¡¿ M~.ó(cr4L, Aë-tf::."¡7JON ¡VEcé; 5'5A-/2.y

Admitted to Hospital for Injuries: Y.@. Admitted to Hospital for Psychiatric: y if¡} ~(IL

~ ~6,'3Q,()tMedical Exam: Y (]t. Suspect Under the influence: ~ Drugs (specify): _

Was an officer/law enforcement employee injured other than by TASER? y/WIncident Type (circle appropriate responsees) below):

~s~ Suicidal Suicide by Cop çy§e!?t Susyegt Barricaded Warrant Other

'Age: ~ 'Sex: /11 Height: Coo Race: Co§" Weight: '2ZO

TASER use (circle one):~~ Failure Suspect wearing heaving or loose clothes:WN

, Number of Air Cartridges fired: \ Number of cycles applied: _ ...8""----:-_Usage (check one): ()ArcDisplayOnly ()LaserDisplayOnly {\IÄ:'ASERAPp~Cation

'TASER: Is this a dart probe contact:@N, Is this a drive stun contact:@N

Approximate target distance at the time of the dart launch:

Distance between the two probes: l Ô inches

Did dart contacts penetrate the subject's skin? ~/ N

Did TASER application cause injury: Y &-DESCRIPTION OF INJURY:

I feet

Need for an additional shot? G).NProbes removed on scene: Y /@Ifyes, was the subj ect treated for the injury: y / N

(

------. --_ .......-. ~ ....... _~..I:.~ ........J...¥~~..........,.M. VJ...l:..Jl.

,/~ J) Q/rl A rDate/Time: t(Y28'ld &- TASER Officer's Name: / ö;th r' IC -.cr:;oe <

6~¿Z-

E-mail: Department: ~1f'O~," -~?acmcf<: t2JDept Address: 5" iL, .~:9 -4tf.<. Phone; S-(j-i/~ I¿-on

OnScene Supervisor: -¥- 1'¿". Officer(s) Involved:k;~'7 ;1ktr£, "].?_, !Hu. lPfzo(' It ArDd Sv.r-I/r>~ c:;p / / l/r r

TASER Model (check one): /TASERX26 _ADVANCEDTASER:M26 .

If an ADVANCE TASERM26 Was Used, What Battery Type:_Alkaline_Nilv.lH

Air Cartridge Type(s): _ 2I-ft Standard _ 21-ft XP _ IS-ft :25 ¡Ør

TASER Serial #: Xt.,t:Jcl13 flt/li Medical Facility: Doctor: _

Nature of the Cali or Incident: "-r-:-'-';3"'f'.6<.¿.1<----- Charges: Dts (ov~d0 Booked: ~ .

.Type of Subject: !~uman _ Animal ILocation of Incident: ( ) Indoor (6tdoor ( ) Jail ( ) Hospital

Typ~ of Force Used (Check all that apply): (1Physical () Baton ( ) Impact Munition ( ) Chemical (~) Firearm

Nature ofthe Injuries and Medical Treatment Required: C. H ~ cKfé~ ß y. f.M £ - ND fU(¿.7rl¡£-IL. Mfè/)( cAL. A17f:"/7¡ as/ Nr¿Cé r 51r(l'f

Admitted to Hospital for Injuries: Y ~ Admitted to Hospital for Psychiatric: y Qi! ~(lL..

~ . ~ó,30-(;'tMedical Exam: Y Q. Suspect Under the influence: ~ Drugs (specify): _

Was an officerJIaw enforcement employee injured other than by TASER? y I@Incident Type (circle appropriate responsees) below):

~~ Suicidal Suicide by Cop ~el3t SuSpegt Barricaded Warrant Other

Age: 'k! Sex: /11 Height: C66 Race: Cö // Weight: '2.20

TASER use (circle one):~~ Failure Suspect wearing heaving or loose clothes{)~} N

. Number of Air Cartridges fired: \ Number of cycles applied: _-'-~"-- __

Usagefcheckone): ()ArcDisplayOnly ()LaserDispIayOnly Jr.ASERAPp~cation

.TASER: Is this a dart probe contact:@N - Is this a drive stun contact:@ N

Approximate target distance at the time of the dart launch:

Distance between the two probes: l Ó inches

Did dart contacts penetrate the subject's skin? &/ N

Did TASER application cause injury: Y&DESCRIPTION OF INJURY:

-¡ feet

Need for an additional s~ot? @.N

Probes removed on scene: Y /@Ifyes, was the subject treated for the injury: y / N

"1

.l

USE OF FORCE REPORT -Narrative of: D Investigator ~ Witness Police Officer D Other:

Reporting Officer was on patrol on Caroline St when I observed a fight in the parking lot across the street from

Clancy's bar. While assisting with the fight a foot pursuit started with several individual that were involved with the

fight. As the foot pursuit was going on I stayed with one of the individuals involved in the fight now known to be

JOHN BATCHELDER. While speaking with BATCHELDER he became irate with reporting officer and then

attempted to charae me and throw several ounches one of which stuck me in the left side of the face. At this time I

attemot to take BATCHELDER to the around to olace him under arrest. BATCHELDER then Dulled awav from RO

and tore of his shirt and necklace and stated "lets fuckinc 00 mother fucker". At this time I advised disnatch that I.n",,,,rlt:>rl in th", tnt ~t IMhi,.,htim", ",o\lor.,1 I">ffi,...or","'~m", tn th", ~"'",n", At thic::tim", RA-- .~. n¡::D IM~~

h, .. DtI li rnoi tI">",tl">n ..,nn t" ... r-rt tr- h"t ho ~~•• ,~~rI t" n" ",n lit thi", timo

IDIITI"UCI nr-n .._~ ,. " :.. h_ ..J:..J nnf ._-,. ••:.!.. n.¡:¡:; +h,,+!..- .. _ .. '..J hn ,. • ..J !..,:,!.._

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CO'

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~'/7Officers signature: //3 I Date:' ¿ )-0-03

.c;.-

Routing:

Part II A (Incident Investigation)

c->


Page __ 01 __ pages Fonn - SSPD-20.1

USE OF FORCE REPORT Part II-A (Incident Investigation)-:Narrative of: O Investigator D'Witness Police Officer O Other:

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h;~ i'")ro\'3 I }'f\o\.~ h" ' eh..p' 8+- ('1 çf"'1~'5,'5 W-E...-{p_ .~t-, ' \.' ~t? l-, ('/,('\01 r- ,l \ ß ~ l,,; f'h O .ç::,ç}f C~- {( J4-,,-w l'c ri..,~ç"l(\a+ " ....I~"-.J -h GI Qo..; (\ .ron-!-íol DT 8-, -I-r-LJo! ~,~ i.ø/ l-L "f", o oö.r.fIr\ w h; l.e,ur ("Inn +-ro t-uJ 1\)-5 í~/?g . -¡-¡"lO .. ,

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A 1< .Officers signature: lbJ~ ' 7~ ~hfl- 1<€:-l'\ ~..p IDate: C;/3C/o?

Routing: R 1/. ffi' fi' d' " .eporting ° cer OTWar to mvestIgatmg supeTVlsor, (

Page _1_ of _I _ pages Fonn - SSPD-20.1

.ff,

USE OFFORCE REPORT Part HI (Training / Command Review) ,

/

Date:

Training Unit Recommendations (continue on separate page ifnecessary)

Trainers signature: Date: Signature of Assistant Chief of Police:

'7-iS~~() - (J-

Review/Recommendations by Command Supervisor: (continue on separate page if necessary)q-tf.¡¿ USE ¡ff o¡r~ V11SE1Z.- !Ms d""'~tt~n I/ EJ}. BN.ß

J.f.v ~ ß..JI p~ ~/ÀJ/1Jl 5rñNÎ:JRØJJ" (§ lffteÆn/'v1¡;.ßI1~j':J.~RB IlfY¿ b...í-t=; N /:iæE '

REeFIVI D/i .I -t " ;,~JÆ:~OO" ~/. ti _Si~e of Chief of Police: Daté:1UL ¿ I t i08

t" 'll' . '~Q....j2 -. SARATÚGA SPi IM.:iS, ¿f. pnl Irr:: n<=[ T.

Command Supervisor Recommendation: check all that apply Final Disposition: check all that applyD Continue Investigation -- TOT: D Closed by Investigation / appropriate force used.

)( CBI-appropriate use of force D Formal Review Board D General training deficiency identified / addressedD Training deficiency noted D Disciplinary Action D Officer was counseled and retrainedD Counsel/Retrain Officer DOther: D Disciplinary action has been commencedDPolicy failure noted DOther: ..

o



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I~NI)orS(;ilN SI~(;rrI()N. ... .

. IIIIIIIIIIIIIIIIII

USE OFFORCE REPORT Part I (Reporting officer incident report)oDate of16;~:hrs

Blt# Case# Arrest # IControl #occurrence: 06-28-08 SS-013126-08 SS-02043-08 SS-00445-08 Jej{)5?v{):LIncident' .

Location': Henry Street, Saratoga Springs, NYName of suspect: ..lOB: It Race: Ir Sex:Terence C. Marsal!

biack maieAddress:telephone#

Reporting Officer:ID# 1_ Assignment:Ptim TJ Sartin 0791 Traffic SafetyWitness Name Witness address Telefl.hone#

Other Ofilcers at scene ID# Ofilcer iniured be(pre or after (pree? briefhz.describe iniuO!.Sgt. Tetu 2762PUm Braim 0992PUm P. Arpei 1222Describe suspect injuries prior to and after force was used:

unknown

-Did suspect require medical treatment?~s Medical treatment OEMS O Other - (add inNo providers: DHospital narrative)Name o[attending. medicalllroviders Address o[medical treatment 7l.rovider Phone#

Suspect taken to Hospital DAdmittedHospital by: Action: D Treated and releasedSuspect's condin. L. of force: D ~peared normal D Refused treatment - (see below)~1ad been drinking .D Other - (describe in narrative)

Intoxicated by alcoholic beverageList Investigator(s) assigned, if any: D Under influence of drugs

DEmotionallylMentally disturbedO Other (explain in narrative)


DPhoto's DDiagram On sceneD Statements DOther / supervisor(s):SQt. TetuWas suspect arrested? gYes Investigating supervísorïs) assigned:(attach copy arrest report) DNoReporting Officer's signature: Approved by:

~.~~ t ,.",----- $61{'Cl (í .

..,¡:\'-t=I'

Page_1_ of_ pages uForm - SSPD-20.1

Reporting O(ficer's Narrative I Describe in detail all actions by the subject (by words or conduct) and ~üur reaction(Use additional forms if1Jecessary) / level of response to protect yourself / others and/or control the su9j.éct. . !

Tvpe afforce used: ISrPhysical D Canine D Chemical D Imoact D Handrun ËJ Other ji.rea:ñÍÍ -n.¡-w/z...?::3Officers were clearing from a dispute call and a subject that was Involved in that call was told to disperse from the

area. He was id'd as Terence MarseIl an he was highly intoxicated. MarseIl is 5'08" tall and approx 170 lbs.

When officers were interviewing him on the first call he made statements that, "You don't know who I am, I shot il

nigger, I will bust up this town, I'm from Schenectady and I'll chew you guy's up, you guy's ain't nothing, I'll run

circles around you guy's." He then walked into the small parking lot on the corner of Caroline Street and Henry

Street. Once he was in the parking lot he began to swing with closed fists at other male subjects. I told him to

stop and he did not comply and began to swing at uniformed police officers. When I told him he was under arrest

he turned and ran out of the parking lot south on Henry Street. Officers ran after him on Henry Street and multpie

times ordered him to stop Once we got past Lafayette Street I ordered him to stop rimning and to get on the

gml IOd As Marse!! was ri mniDg he jllmped ami IOd ml Jitiple times hi It at this time he Í1lrned with closed tists

towards officers I then deployed Tazer 3 and I aimed the Tazer at Marsell's 'Ipper chest Once the prongs struck

him he fell to the ground. He then complied with my commands and was handcuffed by PO D. Mullan. MarseIl

was then transpQrted te the statien with no further ineident.

Reporting offihr forward to investigating supervisorl?c~Cj''-----·_· ---- Date: b6/2812008 I........ ....•..... . _ ..•...Officers signature:

Routing:

Page _2_ of __ pages Form - SSPD-20.1

USE OF FORCE REPORT Part If. B (Incident Investigation)-Narrative of Investigating Supervisor: Give a complete account of your investigation. Attach all witness

statements and medical reports, if any. Describe all evidence secured(continue on separate sheet of paper if necessary) and its storage location.

"

Myse/f and other officers were on Caroline Street in front of Clancy's and Trotter's bar. We just finished ta/king

with a subject identified as TERRENCE MARS ELL. Marsall was creating a disturbance in the area and was

advised to go home. MarseIl walked into the parking lot located at Caroline and Henry Street. Within

approximately two minutes MarseIl began fighting with two other men later identified JOHN BATCHELDER and

PATR/CK M/LLER. All officers approached them and ordered them to stop fighting. The subject ignored us and

continued to fight using personal weapons. As we started to separate individua/s. MarseIl ran away South on

Henry Street. OFFICER PATRICK ARPEl, OFFICER SARTIN and myself ran after Marseil. We caught up with .

him on Henry Street at the intersection of Lafayette Street. MarseIl jumped and spun around in the air facing us

with closed fists. I ordered the officer to deploy the Taser. Offleer Sartin deployed the Taser that struck Marsell,

He fell to the groUnd and he then coml2lied with officers instruction and 'was arrested

Terrence MarseIl is a!;1!;1roximately five feet eight inches weighing a!;1!;1roximatelyone hundred severity

·lJound~. Mar~ell elaÏ!m:¡d íhat he sbQt scmecne in the past aDd 'll!ould "kick our white "op a~~e~!" He ~me"ed ofalechelle beIleeage l::Iedemonstrated and zerhalízad bis intent to lise personal lIlleapoos agaiost police officers

and t.o other persons ,o!jthol It regard He attempted to avoid arrest by means of physiea/ vio/enee and evasion

MarseIl was given clear, sim~le OInG!G!irect instrlJctionsto avoiG! all conflict. besserforce was initially IJseG!. I

sFeleFseltRe !:ISSSf tRS :¡:aseF saseel SA tRe tetalit)' Sf MaFSell's seRa'o'isFaAel astisAs. :¡:Re 9sFAFlSAeAtFlaFtsSf

tlie =FaseFeaFtFid§e 'VOveFeeel/eeted aAd seel::lF9das evideAee. All effieers irwelved Fe¡5eFted te ffie tlieiF aetieAs

and ObS91o atiorrs ofthis ilicid91it.

¡å;1Iofficel s acted ill accm darrea wit/ I éSe 2e. 1 arrd éSe 2e.62. flleil swift action Iesolted ill tile appi errerrstonof a 'Vio/ent strspæt witt!oot an)l injories to the snspæt or arresting officers. ®

f'\Reporting supervisor's AftF-· ~C5-1 I Date: 28 June 2008rank & signature:

"Routing: Investig?tin~ervisor forward all associated reports to Assistant Chief of Police (Training Unit)

Page __ . of __ pages Form - SSPD-20.1

USE OF FORCE REPORTNarrative of: D Investigator &Witness Police Officer

Part II-A (Incident Investigation)

-.

D Other:

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Officers signature: PTi. ......,) .A?' ::;> I Date: 7- 2.- <::::) &'?'

Routing:I c:. '


Page -L of / pages--¡-- Form - SSPD-20.1

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DateITime: (, (2) 3/ oD oJ~ TASER Officer's Name: __ -,-~_.'----'-(-.:.·k""'P-!:::..,."'_V-'--· &-=.:.A....c;tL.=.1:,-,-' ¡~.:....:~=-

E-rnail: Es-~r-h~S""Æ.",-e,t-A- f"/n.£. <c~epartment: SPI'Vl=r~~ ..s:-O:G~.!l\J Pv' ~ ~f"",t-nJA¡-

Dept Address: $" L,.v-.¿ Avél"\V-I!... ( 5·-Arv"",~6".,..Ç<?"~'~ßsJ vV~i. Phone: . $'18-5'.2£1-\ 2oc,

OnScene Supervisor: S"+·j-ctv Offícens) Involved: fb [5;e...A.r..,.... t)(Y\.vl{ Pt,., q, (ë.. :;t<-pe¡,,

TASERMadel (check one): \..l TASERX26 _ADVANCED TASERM26

If an ADVANCE TASER M26 Was Used, What Battery Type: _Alkaline_NiMH ol/;(Air Cartridge Type(s): _ 21-ft Standard _ 21-ftXP _ lS-ft~

TASER Serial #: >(OD... 33 !l~\'M:edical Facility: ¡,..)CT. Doctor: ¡.;),/)y

Nature of the Call or Incident: G:;.:;.o",-\-e. ,

Type of Subject: JHurnan _Animal

Location of Incident: ( ) Indoor (...(Outdoor ( ) Jail ( ) Hospital

TYP~of'Force Used (Check all that apply): ('{Physical ( ) Baton ( ) Impact Munition

Charges: ~¡S I~ ~\èo-s1¿;:"hM Booked: ®N .

( ) Chemical ( ) Firearm.

Nature of the Injuries and Medical Treatment Required: _-..!.¡VC_',;::,~,,-- _

Admitted to Hospital for Injuries: Y /[ii) Admitted to Hospital for Psychiatric: y /ái)Medical Exam: Y 1W Suspect Under the influence:~ / Drugs (specify): _

Was an officer/law enforcement employee injured other than by TASER? y®Incident Type (circle appropriate responsees) below):

~~ Suicidal Suicide by Cop Y-io-Ie-n-tS_ou=s-pe-ct. Barricaded Warrant Other~ S-ö,(S

Age: 3':> Sex: (Y"'\ Height::-t=ter Race: 2\ uL Weight: \ "'20

TASER use ecircle one):~ / Failure Suspect wearing heaving or loose clothes:@N

. Number of Air Cartridges fired: \ .- Number of cycles applied: --4;-\ __Usage (check one): ( ) Arc Display Only e ) Laser Display Only JTASER¡pp~Cation

'TASER: Is this a dart probe contact:W/N Is this a drive stun contact: YWApproximate target distance at the time of the dart launch: _--'Q"-S- feet

Distance between the two probes: 'Sta inches

Did dart conta~ts penetrate the subject's skin@N

Did TASER application cause injury: Y /râj)

Need for an additional shot? Y®Probes removed on scene: YlIDIfyes, was the subj ect treated for the injury: Y / N 1'-''1-

DESCRIPTION OF INJURY:

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Training Unit Recommendations (continue on separate page if necessary)

/

Date:Trainers signature: . Date: Signature of Assistant Chief of Police:

7- is ";;05

çO,Jnmand Supervisor Recommendation: check all that applyero Continue Investigation -- TOT: --==-=_-:-:::---:---=-_-:- __

)it _.~BI~appropriate use of force D Formal Review BoardU-- Vo Training deficiency noted DDisciplinary Action

D Counsel/Retrain Officer D Other:D Policy failure noted

ReviewlRecommendations by Command Supervisor: (continue on separate p¡zge if necessary)

I-----~~~r'---7---------------------------------------------- ~--~~~~c~lrçD/1' I I/ I..,

I If/rr'!JRi.l fù/1i¿If, Cf1!II7jjJ/N6 J -¡;f/JJM-f¿)j f" ~ Z) i¿ifil jg ,CfW¡¿ £1.&= U cit# ~S¿t:b MilS .c::JuSrí/í{!J IlNJ

-KIJ/¥7f/V.A.ki= S Æ1xZ.. útt:- ¿]y f;~

Si~~ "~.. f(A}Ïnm. :t!su~sDJ/, ,/ hJ . L1fTr: D~J~/tf.ßignatureof Chief of Police: ate:JUL 2 1 O 08

Final Disposition: check all that L..I

D Closed by Investigation / appropriate force usedD Genenil training deficiency identified / addressedD Officer was counseled and retrained' ,DDisciplinary action has been commencedD Other:

SARATOGA S RINGSPT.


Page __ of __ pagesFonn - SSPD-20.1

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TASER Information"-

XOO-334245Serial #

Model# X26

X26 Software Version 21Dataport CD Version 16.0

Record Date Range 06/27/2008 -06/30/2008

Computer Time Zone Eastern Standard _Time

Using DaylightYesSavings Time


Downloaded By

Name Joseph Carey

Officer

Police

Dept

Rank

WindowsVersion

Microsoft® Windows NT(lM)Service Pack 4

ReportGenerated 06/30/0807:30:44 (local)


Seq GMT Time Local Time Duration Temp Battery0001 06/27/08 19:05:48 06/27/08 15:05:48 l 25 91

-- 0002 06/28/0807:18:58 06/28/0803:18:58 5 30 910003 06/28/08 18:58:20 06/28/08 14:58:20 1 26 900004 06/28/08 19:23:44 06/28/08 15:23:44 l 28 900005 06/29/0801:43:45 06/28/0821:43:45 2 30 900006 06/30/0803:10:57 06/29/0823:10:57 l 26 900007 .06/30/08 10:50:25 06/30/08 06:50:25 1 28 890008 06/30/08 11:15:57 06/30/0807:15:57 l 28 89

End of Report.

Recorded X26 Time ChangesSeq GMT Time Local Time Change Type

{/1/ S ( .4 e;E ¡2 U S£ O O /\.l /\,~ /1(2.) E L L

about:blank 6/30/2008

02.26.10 Saratoga UOF Reports

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