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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

07/10/16 ^
Sunday, July 10, 2016

Throughout this week, I have been advised by multiple people that Officer Smith is involved in several
questionable activities. On one occasion, I was approached by 3-4 unidentified males at the skate park
asking how Smith even had a job, given his actions. When asked to clarify, they explained that Officer
Smith was having parties with Jordan Otool, Karter Behrens, and Matt Adams, all who are under the age
of 21 (some under 18yo). I asked how they knew this and was advised"that Karter and Matt have told
=* multiple subjects of their, "Late night parties with Officer Smith at his house." On another occasion, I
was approached by a juvenile female named Byrona Brown. Brown stated, "You're pretty cool Hoyt, but
Officer Smith is my favorite." I joked that I was hurt by the statements and asked why. Brown said that
Smith and her, "text all the time" and that he has picked her up and given her a ride home from several
parties that she has been drinking alcohol at. Iasked her why she needed a ride and she said that it was
better than her getting a MIP, Public Intoxication, or being out after curfew. I know Bryona Brown to be
under the age of 18yo. On a third occasion, I went back to the skate park and spoke to Cole Bush and
another unidentified male. Iasked them how they were getting along with Officer Smith. Bush
indicated that he was, "OK." I asked why just okay and Bush stated that he's only nice to people who
share drug information with him. I laughed and asked how he knew that and Bush stated that,
"Everyone knows that if they share drug information with Smith, he'll get them outta trouble or let them
off charges." As Itold Bush that Carroll's full of rumors he stated, "That's nothing. Smith does way more
than that for some people who share information with him." I asked him to clarify and he said, "He buys
^ alcohol for people and I've heard that he's even had sex with some girls if they snitch, which is why
everyone has his phone number."

Smith Page2

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

08/20/16
Saturday, August 20,2016

While working an afternoon watch on Saturday, August 20,2016,1 was again approached by Bryona
Brown at Graham Park. Bryona was with two other unidentified females and was telling them how
"cool" Officer Smith was. She was showing them her phone and stated that she talks with Officer Smith
often. Given the information I had received the previous month and the knowledge that Officer Smith
aggressively enforces narcotics violations, I continue to remain suspicious of this information.

Smith Page3

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

08/26/16
Friday, August 26, 2016

After working several afternoon shifts and continuing to hear about Officer Smith's questionable
activities, I looked up Officer Smith on my Facebook page. I noticed that Officer Smith was FB friends
with individuals such as Jordan Otool, Kallen Citurs, KarterAnthony Behrens, Matthew Adams, and Alyce
Brain.

In addition to the rumors I have been hearing about Officer Smith's questionable activities with Jordan
Otool, Karter Behrens, and Matt Adams, I am familiar with Kallen Citursand Alyce Brain as somewhat
nefarious characters. Kallen Citurswas recently arrested on 08/15/16, by Officers in the Carroll PD for
narcotics and alcohol violations. Alyce Brain is a local bartenderwho is rumored to frequently drive
intoxicated and allow minors to drink in the PiranhaClub. Ms. Brain is an attractive female in her 20's,
who has often been criticized of being quite "friendly" with people.

Smith Page 4

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

08/29/16
Monday, August 29,2016

On Monday, August 29,2016,1 assisted Officer Smith with a narcotics investigation. OfficerSmith
advised that he had received a text message from a female who stated that her boyfriend was buying
marijuana at the skate park and she wanted to get him in trouble. OfficerSmith advised that the
boyfriend was at the skate park along with the vehicle that is allegedly involved in the sale of marijuana.
He requested my assistance with a investigative-type terry stop of the vehicle. Officer Smith arrived at
the skate park and I arrived a few minutes later. At the skate park, Officer Smith detected the odor of
marijuana in the vehicle, which I verified. This resulted in the arrest of several individuals, including the
boyfriend of the female who had texted Smith. After the incident, Officer Smith clarified that he had
received a text from Byrona Brown. He requested that she send him screen shots of the text messages
between her and her boyfriend, indicating that he was meeting with Haylie Clinton and others, in the car
we searched, to get marijuana.

On the morning of 08/30/16, at shift change, OfficerSmith attempted to advise Sgt. Bellinghausen that
he was not going to include his contact with Bryona Brown or her text messages in his case report. He
explained that he was only going to indicate that he stopped at the skate park and detected the odor of
marijuana in the vehicle, which led to the arrests. Iexplained to Smith that he needed to include ALL
information in his report and advised that I had already indicated in my report that he had received text
messages, which led to the investigative inquiry.

0
W'.;

Smith Page 5

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

08/31/16
Wednesday, August 31,2016

On Tuesday, August 30,2016,1 deleted Officer Smith from my personal Facebook page and Snapchat.
Due to his associates on FB, rumors of his questionable behavior, his interactions with Byrona Brown on
the previous day, and hisattempt to excludethis information in hiscase report (which he often does), I
believed it best to separate my personal life from his personal life. Iam unsure of where my
investigations of Smith will lead to in the future and don't want to mix personal and business dealings,
which may complicate supervisory-subordinate relations in the future. If asked about the deletion, I will
advise him of the rumors. However, if the issue is not brought up, I will not discuss the matter with him
at this point and will continue to verify whether or not the information I am receiving is accurate
regarding his questionable dealings.

On the evening of August 30,2016,1 received a text message from Journee Kajewski. Kajewski is a
personal fitness client of mine and personal acquaintance through my wife, who she works with at St.
Anthony Hospital. Kajewski requested that I meet with her at a public location, stating that it was
important. I met with Kajewski at Adams Elementary. Kajewskiexplained that she was required to
leave school after being threatened by several people, after they alleged that she "snitched" on the
individuals we arrested during Smith's search of the vehicle on 08/29/16. She explained that Byrona
Brown was suspected of turning in her own boyfriend (which was accurate), but that Brown started the
rumorsthat Kajewski turned them in because she has aspirationsof becoming a police officer. Kajewski
showed me several text messages from Haylie Clinton and ByronaBrown that were threatening in
nature. She also showed me a FB group that was formed for the sole purpose of publiclycalling out
Kajewskias the snitch. Given the knowledge I had of the incident, the underhanded manner in which I
believe it was conducted by OfficerSmith and Bryona Brown,and my belief that it is not virtuous to
allowan innocent person to take the negative consequences for something they didn't do, Itold her that
Iwould assist her. Ivisited the skate parkand spoke to Karter Behrens, Matt Adams, and two other
males who were at the skate park. After making small talk, Ithey asked about the narcotics incident
that occurred a few days earlier. I explained that Bryona Brown filed the complaint with Officer Smith,
which is what led to the arrests. On a side note, during this conversation, Behrens and Adams again
asked about Officer Smith and if he was working. Isaid that Ididn't know and they informed me that he
wasnt (which was accurate). They then stated that they knew this because Officer Smith had already
told them when he worked and that they were going to his house tonight to "hang out." I told them
that this was a weird relationship and they merely laughed and disagreed.

Smith Page 6

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/02/16
Friday, September 02,2016

On Friday, September 2,2016,1 met with Journee Kajewski for a personal fitness training session,
outside of my official duties for the Carroll PD. Kajewskiinformed me that because Istated the truth
about who reported the narcotics violation a few days prior,several people had apologized to her and
the FB page devoted to calling her out as a snitch was deleted. Kajewski then asked me if I was aware
—X that Officer Smith was having sexual relations with Bryona Brown. I told her that I wasn't and asked her
/ why she thought that. Kajewski explained that Brown informed her and several others that Smith buys
her alcohol and engages in sexual relations with her, while in return, she provides him with narcotics
information. I shook my head and reaffirmed that I knew nothing about the situation, but that I hoped
for his sake, the information about Officer Smith was not true.

Smith Page7

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/04/16
Sunday, September 04,2016

On Sunday, September 4,2016,1 was contacted by a personal acquaintance that I've known for
approximately 11/2 years. This female, Ashley Andrews, advised that she had went on a date with
OfficerSmith on Thursday, September 1. She explained that since she does not have a license (she's
suspended for non-payment of IA fine), she drove to Gliddenand parked her car. Smith then drove to
^ Glidden and picked her up in his car, and then transported her to his house. She continued to tell me
that she brought her own beer, but that Smith had his own alcohol at his house and they drank most of
the night together. She said that she got, "fucked up" and then she slept with Smith. I verified that she
meant sexual relations and she said that she had sex with Smith. She then said that after they drank and
had sex. Smith drove her back to her car around 0430 hours and dropped her off. She then got into her
car and drove home (to Bayard). Based on my previous suspicions of Officer Smith, I informed her at
that she was "acting very stupid" and told her that she was going to get both her and Smith in trouble.
Andrews then said that she didn't care and stated that, "It wasn't even worth it" and she wasn't going to
talk to him anymore. I told her if she did that I did not want to know about it because it puts me in a
difficult position. She asked me what I meant and I explained that she may be my friend, but that Smith
is my subordinate and I'm required to perform supervisory duties over him. I told her how this was a
perfect example of the problem, explaining that it was both illegaland against police department policy
for him to provide alcohol to minors or drink with them. Iexplained that it was also unethical for him to
knowingly allow her to drive without a license only to meet her. Ithen explained that it was not only
unethical, but also stupid and dangerous for him to then drive her back to Glidden while both of them
were intoxicated and drop her off at her vehicle, allowing her to knowingly drive home while
intoxicated. Andrews became someone defensive and asked, "Are you gonna get him in trouble now?"
Itold her that what happened in his personal life is none of my business, but that I don't want to know
about it. She asked several more times why it was a big deal that she shared this information with me. I
bluntly explained, "If Smith keeps doing this and I hear about it, I will have no choice but to do my job
and bring it to the attention of my supervisors." I further explained that if that happens. Smith could be
disciplined or even fired. I then clearly told Andrews again to refrain from talking to me about their
personal relationship.

Smith Page 8

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/05/16
Monday, September 05,2016

On Monday, September 5,2016,1 visited OfficerSmith's Facebookpage to print off the entire list of his
FB friends. Dueto my conversation with Ashley Andrews and the thought that she may inform Smith
that she told me about his unlawful activities involving her, I feared that he may block me from FB and I
would not be able to monitor or document the questionable friends that he retained on his FB page.

Smith Page9

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/08/16
Thursday, September 08, 2016

On September 8, 2016, after conducting Active Shooter Training at St. Anthony Hospital, I informed Sgt.
Schreck about my concerns with Officer Smith. Iexplained the information that I had been receiving
since the beginning of July and the information recently provided to me by my personal contact, Ashley
Andrews. Sgt. Schreck verified my concerns and asked me if I knew who April Knight was. I told her that
the name sounded familiar, but that Ididn't know her. She then pulled up her FB page, which didn't
assist me with any recollection of her. She then pointed out that she was FB friends with OfficerSmith.
Sgt. Schreck then opened up our in-house files in the Sgt's Office and showed me Knight's arrest history,
showing arrests in Carroll, in 2011 and 2012, for Interference w/Official Acts, and multiple accounts of
Driving without a license. Sgt. Schreckthen explained that she was speaking with Officer Smith
approximately one week prior and he indicated that he was going to visit a former resident of Carroll, in
Ames, IA. He told Sgt. Schreck that he was hooking up with this girl, but had to drive to Ames because
she refused to come to Carroll. According to Sgt. Schreck, when she asked him why he said, "Apparently
she has a past in Carroll." Sgt. Schreck later looked up April Knight in-house and discovered that her
"past in Carroll" consisted of multiple arrests. Inoted that the arrests were not necessarily for serious
offenses, but explained to Schreck that it was still questionable for him to establisha relationship with
such a person and, combined with the other suspicions and rumors, calls his character into question.
Sgt. Schreck agreed and I informed her that I believed it was important to keep a close eye on Smith's
actions, both on and off-duty.

Smith Page 10

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/10/11
Saturday, September 10, 2016

OnSaturday, 09/10/11, my personalacquaintance, AshleyAndrews contacted me again by text


message. Andrews requested that Icallher stating that it was important. Iwas unable to call her back
and she then texted me stating that Chief Burkehad contacted her on Facebook. I believed that it may
somehow have to do with her actions with Officer Smith and Itexted "Why" back to her. She indicated
that I needed to call her.

Aftercalling Andrews,she explainedthat she wastold by Officer Smith that he filed a complaintagainst
me. I asked for details and she stated that Smith told her that he informed Chief Burke that he was
having sex with her and because she was also having sexualrelationswith me, Iwas jealousand out to
get him. I asked her why he would tell the chief this and explained that I had never said or done
anything to Smith to give him any such impression. She said that she didn't know, but that she was told
that she needed to contact Chief Burke regarding the incident. She also said that Smith told her that he
had heard from several officers that Iwastrying to get him fired andthat some officers sawa printout of
hisFB friends on my desk. Iaskedwhy herwhy he believed that we were have sexual relations andwhy
he would think that Iwas jealous and "out to get him fired." She againstated that she didn't know, but
said that she didn't want to be involved in the issue. She also informed me that she told Smith that she
blocked him on Facebook and has repeatedlytold him to stop calling her, since they had sex on
September 1. Ithen asked her why he was discussing Police Department issues with her and she said
that she didn't know. Idid not reveal this to her during the conversation, but Iwas immediatelyupset
not onlyabout the false accusations made against me by OfficerSmith, but alsothat he was sharing PD
business with Andrews.

Smith Page 11

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E-FILED 2018 APR 02 3:41 PM CARROLL - CLERK OF DISTRICT COURT

09/11/16
Sunday, September 11,2016

On 09/11/16, Ashley Andrews again contacted me and informed me that Officer Smith is continuing to
send her text messages. Iasked what he was sayingto her. Andrews forwarded me a message from
^ OfficerSmith to her phone which read, "Thishole thing with Hoyt pisses me off. Wth does he have to
cause so much trouble. He's an idiot." Iimmediately contacted Chief Burke by text message requesting
if I should be concerned about the allegations brought against me by Officer Smith before Iwork with
him later that evening. Chief Burke text me back and indicated that Ishould come into the PD tomorrow
afternoon and speak with him and he would fill me in. Knowing that Smith was still texting
insubordinate text messages to Andrews, I asked Chief Burke if I should ignore the messages being sent,
wherein he was referring to me as an idiot. Chief Burke simply advised that it appeared this girl
(Andrews) was playing both Smith and I and to be careful.

Laterduringmy shift on 09/11/16,1 asked OfficerSmith why he and I were not vibing. He explained that
it was just because of things he had heard. He made no mention of sexual relations between my and
Andrews. I then asked him to clarify and he mentioned his FB friends list on my desk and a comment
that Ihad allegedly made to officers about him getting fired next. I clarified the purpose of the FB
friends list and informed him that I made no such comments about getting him fired. I then explained
that Ibelieved that there was much more behind the issue than these two small things and brought up
Ashley Andrews. I indicated to him that I was not sexually involved with Ashley Andrews and that I
didn't care that he was. However, I explained that she was providing me information about their
dealings, which showed him to be involved in illegaland unethical practices that I wanted no part of. I
explained that her information to me about this matter, was sort of the, "Icing on the cake," given the
rumors Iwas hearing and that was my only concern in the situation. 1explained that I had no issues with
who was dating or having sexual relations with and that I was very disappointed that he didn't bring the
issue up to me first. I further stated that his accusations were not only an attempt to embarrass me and
smear my name regarding an issue that, in all actuality, is nobody's business IF it was occurring. I further
stated that his accusations would lead to Andrews being required to provide statements about the
nature of her relationship, not only with me, but with him. Ithen explained that I had no concerns over
this because I had been friends with her for over a year. I then asked if he had any concerns with what
she might say regarding their relationship. I reminded him of his illegal and unethical actions
surrounding their night of drinking alcohol, driving from/to Glidden, and allowing her to drive home
intoxicated and without a license. Officer Smith said that he told Chief Burke that he didn't want
anything done about the situation, but that he just wanted to make him aware. I explained that once
allegations such as this are made, they must investigate them. He then stated that I had done nothing
to make him think that I was treating him unfairly or mistreating him in anyway, which he said that he
explained to Chief Burke. I then informed him that if he has an issue in the future, Iwould appreciate
him coming to me with the issue, rather than goingoutside the chain of command, especially without
any reason to believe that there's an actual problem.

Smith Page 12

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