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At: 05:48:10

Saratoga Springs Police Department 5 LAKE AVENUE SARATOGA SPRINGS, NY 12866. (518)584-1800

Page:

Entry/cC#: SS-013263-09 Call Type ..... : ASSAULT

Date: 06/10/2009

Time:03:04

Tour:

1 Desk Officer:

1056

Priori ty .. :2 How Recei ved , POLICE RADIO Orig Call Type: AREA CHECK Caller ..... : Bus. Name ..: seso Address ....: 6010 COUNTY FARM RD City/St/Zip: BALLSTON SPA, NY 12020Call Back #: (518)885-6761 Location of Assignment: Cross Street : Business Name : Description Disposi tion ..',' Post: 403 : : REPORT INITIATED Dispatched: y Dispatched Date: 06/10/2009 Call Taker: 1769 PHlLA ST, SARATOGA SPRINGS

OFFICERS INVOLVED Serial #:1222 Rank:PTL Name:PATRICK JARPEl Serial #:2477 Rank:PTL Name:SEAN D O'LEARY Serial #:0452 Rank:PTL Name:DANIEL M MULLAN, JR Serial #:1896 Rank:PTL Name:EDWARD M LEWIS Serial #:1230 Rank:SGT Name: SHANE LCROOKS Serial #: 0992 Rank: PTL Name: EDWARD BRAIM Serial #:0774 Rank:SGT Name:JASON Serial #:102 Rank: Name: Unit: 4216 MITCHELL

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UNIT r S INVOLVED Officers: (1222)

Disp. Time: 03:04 I Arv. Time: 03:04 Rev t d to Comp: O: 23 :: Disp to Comp: Unit: Disp. Rcy'd Unit: Disp. RcY'd Unit: Disp. RCY'd Unit: Disp. Rcy'd Unit: .Disp. 4209 Officers:

Comp Time: 03:27 O: 23

-------------------------------------------------(2477) Time: 03:04 I Arv. Time: 03:11 to Comp: 0:25:: Disp to Comp: 4226,,'

Comp Time: 03:29 0:25

--------------------------------------------~----Officers: (0452)
--------------------------------------------------

Time: I Arv. Time: 03:12 I Camp Time: 03:27 to Camp: 0:23:: Disp to Camp: 0:23 4213 Officers: (1896)

Time: I Arv. Time: 03:14 I Camp Time: 03:34 to Camp: 0:30:: Disp to Camp: 0:30

-------------------------------------------------4217 Officers: (1230) Time: I Arv. Time: 03:14 I Camp Time: 03:27 to Camp: 0:23:: Disp to Camp: 0:23

-------------------------------------------------4205 Time:

Officers: (0992) Arv. Time: 03:14 I Camp Time: 03:29

.Ent;r.y:/cc#: SS-013263-09 Rcv'd . Unit: Disp. Rcv'd Unit: Disp. Rcv'd to Camp: 0:25::

Date: 06/10/2009 Disp to Camp:

Time:
0:25

03:04

Tour:

~
4206

-------------------------------------------------Officers: (0774) Camp Time: 0:25 (102) 03:29

..

1 Desk Officer:

1056

Page:

Time:
to

Arv.

Time:

03:15 to

Comp:

0:25::

Disp

Camp:

-------------------------------------------------E-562 Officers:

Time:
to

03:21 Arv. Time: 03:25 Camp: 0:36:: Disp to Camp:

Camp 0:19

Time: 03:40

Case #

ASSOCIATED

NUMBERS
ASSAULT

:SS-01723-09

Incident

Type:

PERSONS
Name ......... . Address :CECHNICKI, JARED W :

INVOLVED
DOB:

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City/State/Zip

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Name .........

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Address

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:LATHERS, JEREMYM

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.Phone Number : :M

Name ..... Address

: VARIN, LANCEE

DOB: I

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Phone Number .. :

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Sex ......

Number .. : .. . :M

. Race:WHT

Name ........ Address

:CEANCE, SEAN C :

DOB:~

City/state/Zip:
Phone Number . : Sex ........... :

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Race: DOB:

Name ........ Address.: .....

:~OLY, KYLE J

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Phone Number. '. :....... Mobile Number. . Sex

I.

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Name Address .......

: MCARTHUR,ROBERTL , .

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/.Entry/CC#: SS-013263-09

Date: 06/10/2009 Time: 03:04

NJ>...RRATIVE

Tour: 1 Desk Officer: 1056 Page:

3

1769:06/.10/2009 03:07 - CALLER STATES SUBJECT ASSAULTED 'BY SUBJECTS WALKING BY COMP~_IN]>'~T IS IN A S]>...RATOGA FOLLOWING SUBJECTS C]>'~ 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 EAST OF COURT ST 4213 ON SCENE WITH 4226 WITH 4206, 4217

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/17

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Occurred On/From:

.INCIDENT REPORT
110. Day Tue Il1.Date Feb 117 1

INY0450100

Report Time 19:49

/12. Time
2009 19:49

EJ supp

ISS-00504-09

Iss-003796-09 15. Time 19:49 A.

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16. Ineident Type SUSJ?ICIOUS ACTIVITY

Occurred OnIFrom: DOES

1,13. Day 114. Date Tue Feb 117

[2009

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17. Busin,ess Name

18. Wea:pon(s) NOT APPLY 120. City,State,lip( Oc DT ~R&TOGA SPRINGS

21. Location Code 4601

19. Incident Address(Street NO.,Street Name,Bldg. No.,Apt No.) 24 BENTON DR 22. OFF. NO. l 2 LAW' PL SECTION 140.15 SUB CL CAT M DEG 2 ATT O

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23. No. of Victims 1 24. No. of Suspects 1 C. D.01

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.. t o "'" for a possible home ..... ... "" .. male was sleeping in a bedroom. Upon arrival Officer Bengston and myself entered the residence. I observed Herbert Potoker sitting in the kitchen and he advised us that there was an unknown male sleeping in the back bedroom on the right. I drew the taser and Officer Bengston drew his service weapon. Upon entering the bedroom I observed a black male sleeping on the bed-o I yelled police and the man now known as Marcus Brown began to awaken. He was looking in my direction with the taser pointed at his chest Officer Bengston advised him to turn on his stoIIach with his hands above his head. Brown did not comply. I advised him. that if he did not comply that he would be tased. At that point I advised him to turn on his stomach with his hands above
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/76. NYSPIN Message No. DScofflaw [lOther Rank) 9 IDNO . 0839 PTL MULLAN

r!. Complainant Signature

HERBERT

POTOlR

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80. Super\~sors Signature(include Rank) 83. Status Dale Feb 1 8l.IDNO 84. Notified'TOT sheet 85. l Page of 2 Pages

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check box below). Wros. Declined DOffender Dead.

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17

2009

r- --------.- .!:;JC2.Y'=1

INCIDEl~T No.: SS-00504-09

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

BLOTTER/CC

No.: SS-003796-09

==========================================----==================================
his head. Brown complied. He was hand cuffed without incident. Brown was searched and a military ID was retrieved verifying his identity. When he woke up 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 at 25 Benton Dr. He stated that he would be more careful next time. Herbert Potoker declined prosecution.

F ri lted: 02/21/2009

At: 04:39:20

Saratoga Springs Police Department 5 LAKE AVENUE SARATOGA SPRINGS, NY 12866(518)584-1800

Page:

Entry/CC': SS-004092-09

Date: 02/21/209

Time:02:24

Tour:

1 Desk Officer:

1230

Call Type ..... :UNWANTED GUEST Caller ..... : PRESTIGIACOMO, Bus. Name ..: ANDREW

PrioritY .. :3 How Received: TELEPHONE

Address .... : 5 LAKE AVE APT' LT 32

City/St/zip: SARATOGA SPRINGS, NY 12866

Call Back .: (518)584-1800 Location of Assignment: 9"-11 CAROLINE Cross Street : Business Name Description Disposition : BULLPEN : : ROUTINE ,POLICE SERV Y Dispatched Date: 02/21/2009 Call Taker: 0687 ST, SARATOGA SPRINGS

Post: 501Dispatched:

OFFICERS INVOLVED Serial #:3004 Rank:SGT Narne:ANDREW PRESTIGIACOMO Serial ':3041 Rank:PTL Name:ADAM T FRENCH

Serial #:1068 Rank:PTL Serial ':1229 Rank:PTL

Serial ':1830 Rank:PTL Unit: "4206

Name:RUSSELL W FADEN Name:LLOYD DAVIS Narne:ARIANNA

RICHARDS

UNIT'S INVOLVED Officers: (3004) "

Disp. Time: 02:24 I Arv. Time: 02:24 Rcv'd to Camp: 0:08 :":Disp to Comp: Unit: 4208 Officers:

Camp ~ime: 0:08

02:32

-------------------------------------------------(3041) "Disp. Time: 02:24 I Arv. Time: 02:26 Rcv'd to Comp r- 0:08 :: Disp to Camp: Unit: Disp. Rcv'd 4216

Camp Time: 0:08

02:32

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

O'Ificers: (1068) Time: I Arv. Time: 02:24 I Camp Time: 02:32 to Camp: 0:08 :: 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 PERSONS Name ......... :PRESTIGIACOMO, ANDREW Address :5 LAKE AVE APT# LT 32 City/State/zip:SARATOGA SPRINGS, Phone Number .. :(518)584-1800 Sex '" .:M Race: Person Type ... :CALLER

NUMBERS

INVOLVED DaB:

NY 12866

Entry/cc#: SS-004092-09

Date: 02/21/2009 Time: 02: 24 .. Name :RICHARDSON, MATTHEW C DaB: .. " Addre,$s..,... _~ ... City/'Jtate/z_

Tour:
-

_~;:

"

l Desk Officer:

..

1230

Page:

Phone Number ..: Sex :M

Race:

0687:02/21/2009

NARRATIVE 02:24 - SUBJECT REFUSING TO LEAVE

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2009

1501 1 Report Time . Occurred 110. Day 00:59 OnIFrom: Sat

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25. Person Type:CO=CompIairuintOT=Other PI=Periri Interviewed PR=PersonReporting WI=Witness NI=Nt Ioterviewed VI =Victim !TYPEINO . NAAlE<LAST.FIRST.MlDDLE.TITLE1 ' . 126. Victim also complainant OY[ZIN ;S P Date OBirth STREETNO.,STREETNl\ME,BLDG,NO.,APT.NO~CITy,STA1E,ZIP .!'lE CA Telephone No. FRENCH, iI.DAM 5 LA1 AVE Q,.:t BUS SARATOGA SPRINGS, NY 12866C' s J~~~~,.".",. RES. (518)584-1800 PELLINO, .JUSTIN :Io OT .. _. ~ BUS A" ,N T'S WI RES. HALLOR'lli ,
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0832:04/18/2009 02:42 Reporting Officer on Caroline Street when I commotion observed a outside the bar at 13 Caroline Street known as Thirteen. I was in the area Qf the Bullpen when I observed a white male wearing a white shirt identified as Jeffrey Eckert) (later J::U., from the middle of Caroline street doorway of the Bullpen. towards the Another white male (later identified as Pellino) who was wearing a dark colored shirt was standing in front of the Bullpen. I observed Eckert swing first and begin the alte~cation on the street. observed Pellina swing I next bacle and both parties where swinging at eac~ between the' two parties other. I got and yelled "Police" several times. Other also attempting to break persons were up the fight. Ptl. French was on Scene and walked Eckert over to the other people south side of Caroline Street while I kept Pellino 75.Iocuiries(Check all that apply). on 76. NYSPlNMessage No. /77. Complainant Signature ODMV. ~WantlWarr";t
R~cofflaw OCrim HistoI}' Stolen PmDertv Other 78. Reporting Officer Signature(Ioclude Ranlc) jOpen Refused to Coop. D Juv . No Custody ID No 0832 l?TL CARTER DClos.od(ifClosed, check box below). DUnfounded DArrest []Pros. Declined OWarrantAdvised DArrest-Juv. DOffender Dead. [JExtrnd. Declin

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18

2009

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INCIDENT REPORT
-",.-6.:

(continuation

page) BLOTTER/CC

Page

2 of

SS-Oll16-09 NO.:SS-OP8637-09

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

the north side. Several other Officers arrived on the scene and PtI. French was back 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 did eventually. 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 I wished to secure a statement from him. I observed blqod on my left and right arms, watch, hands and uniform shirt. I used the Vioxx product on the street to clean off the biood from my skin. I then transported Pellina to the station where 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 was involved in an altercation inside Thirteen with his ex-girlfriends new bOYfriend known to him as "Jeff" (-Eckert). Bar staff ejected both Pellino and Eckert out to the street. Reporting Officer responded to the Emergency room in an effort to interview Eckert. Eckert was being treated and was apparently under the influence of alcohol. I spoke with his mother and provided her with information to contact Reporting Office'r tomorrow. I then went to another hospital room where I was informed Craig Avery had received an injury while attempting to break up' the fight. Avery explained that while he was breaking up the fight he had dislocated his right shoulder. Avery was unable.to positively identify who had hurt his shoulder. Avery did not seem interested in pursuing any sort of criminal complaint gainst anyone. I left the Emergency Rom and went to Thirteen to observe the video tape surveillance that the bar has. I was brought to the office by the manager who rewound the tapes and Ptl. French and I observed the altercation inside the bar. It appears that Pellina was the initil aggressor and. had come after Eckert inside the bar until bouncers arrived and ejected both parties from the premises. I then observed the outside camera in which 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 .Name: JEFFERY Home Phone:

DOB

ASSOCIATED

PERSON(s) --:M

~===============================================================================
T ECKERT Age Address:

:l1l.

Business : 26 Sex

"3."

II!~ Phone .. :

Race:WHT

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Type:

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DOB : " Age : 23 Sex :M Race:WHT Type: OT -----------------------------------------------.--------------------------------Name: ZACHERY J HALLORAN Address: Home Phone: Business Phone .. : DOB ... :...... Age : 23 Sex :M 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 BRUNO Address: ~ ..S ...... ..... J .. ....... Home Phone: Business Phone .. :
j.

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

Saratoga Springs Police Department INCIDE:r REPORT (continuation page)

"

Page

3 of

INCIDENT
DOB, ....

No.:

S8-01116-09

BLOTTER/CC Age : 22 Sex :F Race:WHT Type: OT

170.':S8-008637-09

Rome Phone:
DOB . :'

-------------------------------------------------------------------------------Name:SCOTT C TOWNSEND Address:.n .... S t I_. II. a a a.

Business Age Phone .. : : 25 ".
1_ ...

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Printed: 04/18/2009

"' Officer Rank/Name: PTL ADAM

CASE SUPPLEHENT.AL NARRATIVE REPORT Narrat.:!:ve #: l FRENCH

Page:

Case Number.: SS-01116-09 Blotter/cC #: SS-008637-09 3041:04/18/2009 05:16 ~ Reporting officer was travelling east on Caroline Street when I observed a commotion outside of 13 Caroline Street. I notifie~ dispatch of the situation and exited 4212. I observed several subjects pulling a white male,later identified a"s JEFFERY T. ECKERT," who had multiple lacerations to his face" across Caroline Street and sat him down on the sidewalk in front of Desperate Annie's. I notified dispatch that Eckert would n"eed an ambulance in order to be trea"ted for his injuries. 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 acting aggressively toward myself and PtI. Carter. Pellino would not comply with officers commands to calm down. .At that point, I un-holstered my taser and told Pellino if he refused to ea.Lm down"he would be tased. Pellino looked down and saw the "red-beam" on his chest and calmed down immediately. I holstered my taser and went over to Eckert and waited for EMS to arrive. EMS arrived and transported Eckert to Saratoga Springs Hospital ER. Sgt. Tetu arrived on scene and requested I identify all parties involved. I then went with PtI. Carter to 13 Caroline and watched the surveillance tapes regarding how the fight started. Signature
D.O.: ,,;:"7

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21. LocationCode 4601 23.No, of Victims

2 1

B. 77

C. 77
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1 Page of. 2 Pages

--+

~~~~~U~~ ~pr~ngs Police Department INCIDENT REPORT (continuation page)

Page

2 of

INCIDENT No.: SS-0172-09

BLOTTER!CCNo.:SS-013244_09 ADDITIONAL OFFENSES{s)

=~============================================================================== ================================================================================
Off #ILaWISectionlSubdiVICLleatlDeglAttl ID IF Name of Offense
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~partment: Saratoga DD Number :

Springs Police Department

Case Number.: 55-01720-09 Blotter/CC #: SS-013244-09

1828:06/09/2009 23:09 - Repoting officer dispatched to 42C Allen Dr. for a reported active physical domestic. On arrival I proceeded to the rear of 42 Allen Dr. when I encountered CERISSY MAKI who "vas crying and stated "he is taking off out back ", With Chrissy Maki was a white male later identified as STEV~N SHEVLIN. Shevlin had swelling and what appeared to be bruising next to his ri~ht eye. I asked Shevlin what happened. Shaevlin pointed to a white male later identified as MICHAEL ~~I that was walking 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 for him to stop and he 'took off running west through the, open field. I shouted to Michael Maki, that he was under arrest and a brief foot pursuit ensued. During the foot pursuit, 1 shouted at Maki to stop running or he would be tasered. I pulled taser 10 out 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 run for approximately another 10-15 seconds. Maki then stopped running and I threw him to the ground. I re-holstered my taser in order to handcuff Maki. Maki got up on his knees. Maki reached for the front of his waistband at which time I drew my firearm and drew down on him. I ordered maki to lie on the ground and put his hands out to his side. Maki, still on his knees, put his hands behind his back. I pushed Maki forward and he fell forward onto the grass. Maki put his hands out to the side. 'When Maki was in the proned position, I re-holstered my firearm. I handcuffed Maki and took him into custody without further incid~nt. I transferred custody of Maki to PTL Carter and PTL Nolan for transport to HQ. Maki had a small cut at the outer corner of his 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 City Court at 09:00 an 06/10/2009. Signature
D.O. :

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16.Incident Type ;[.:r;~'PURSUIT

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"2833,01/15/2009

22,33 - Reporting Offiber was advised over police radio of a

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

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76NYSP", M.""N.. H_

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80. ~upervisor'signatur!fin;:lude Ra~k)

85. l.

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",>

Prj;:ited: 7/16/2009 , 0

Saratoga Springs Police Department INCIDENT REPORT (continuation page)

Page

2 of

INCIDENT ,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. The motorcycle then went behind a parked Trailblazer and the operator stopped the motorcycle. 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, PAUL DIXON, refused to place his hands behind his back while on the ground and attempted to place them under his chest. During ,this a male approximately 18 years of age came onto the front porch and started to come towards me", I removed Tazer 6 from its holster and placed the' red,aiming dot squarely on his chst 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 front porch of the residence. X then advised Dixon that he would be Tazered if he did not comply and he then placed his hands behind his back and was placed into handcuffs. Dixon was placed into 4154, and transported to SCSD .

. ...

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At: 09:19:01

Saratoga Springs

Police Departwent
I

Page:

5 LAKE A~UE

SA..~TOGA SPRINGS NY 12866(518)584-1800' + Entry/CC#: SS-024940-09 Call Type ..... :SUSPICIOUS

--1 f ') ~~

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Date:10/0S/2009 PERSON

Time: 15:26 PrioritY":3

Tour:

2 Desk Officer:

3005

How Received: TELEPHONE

Caller ..... : GORH..2U'.!, S BILL Bus. Name ..: Addres s .... :

CitY/St/ZiP:d~'T _. Location of Assignment:3 THOROUGHBRED Cross street : Business Name Description Disposition Post: 206 : : :ROUTlNE

t":__ I_:___m"_t !II:.;"I~

Dispatched: y

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SARATOa~ SPRINGS

Call Back

#:.1.lll6JU.'.

DRIVE,

POLICE SERV Dispatched Date: 10/08/2009 Call Taker: 303S

OFFICERS INVOLVED Serial #:1573 Rank:PTL Name:AD~I P BAKER Serial #:2479 Rank:PTL Name':SCOTT JOHNSON .Serial #:2226 Rank:INV Name: JAMES A BELL Serial #:1702 Rank:PTL Name:JOHN P GUZEK Unit: 4216 UNIT r S INVOLVED Officers: (1573)

Disp. Time: 15:26 1 Arv. Time: 15:32 1 Comp Time: 15:42 Rcv'd to Comp: 0:16:: Disp to Comp: 0:16

-------------------------------------------------Unit: 4207 Officers: (2479) 15:42 Disp. Time: 15:26 1 Arv. Time: 15:32 1 Comp Time: Rcv'd to Comp: 0:16:: Disp to Comp: 0:16 Unit: 4236

-------------------------------------------------Officers: (2226) Comp Time: 15:42 0:08

Disp. Time: 15:34 1 Arv. Time: 15:341 Rcv'd to Comp: '0:16 :: Disp to Comp: Unit: 4213

-------------------------------------------------Officers: (1702)

Disp. Time: 15:34 1 Arv ..Time: 15:34 1 Comp Time: 15:42 Rev' d to 'Comp: O:16 :: Disp to Comp: O: 08

ASSOCIATED PERSONS Name .Address :GORHAM, BILL S .

NUMBERS

INVOLVED

City/state/Zip~ Phone Number ..: _ Sex ... :M Race:WHT Person Type ... :CALLER
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Date: 10/08/2009 Time: 15:26 .

Tour:

Name :SHE~i, MELINDA M DaB ---~-~Address . - City/State/Zip _ - ..... _-~ --,..---Phone Number ..:
>

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2 Desk Officer:

3005

Page:

Sex Person Type Name Address

:F

Race:WHT

:PERSON INTERVIEWED :SHERMAN, JUSTIN J .

City/State/Zip: Phone Number .. :"ULI Mobile Number .. Sex Person Type Name Address.. .... City/State/Zip: :M

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:PERSON INTERVIEWED ::HACMILLAN, LAURA M

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NARRATIVE
3038:10/08/2009 15:26 - CALLER STATES 2 SUBJECTS .HANGING OUT IN THE TREE LINE BEHIND HIS HOUSE HAS ASKED THEM TO MOVE ALONG AND THEY HAVE RETURNED 3038:10/08/2009 15:31 - OFFICER ADVISES p_~ PROPERTY THEY DO NOT HAVE A OFFICER CLOSE ENOUGH TO HANDLE 3038:10/08/2009 15:43 ~ PARTIES ADVISED TO STAY OFF STATE PROPERTY

'.,

IIIIIIIIIIIIIIIIII
I~NI)f)l~ Sf~i'N SI~f~rrIf)N .

. IIIIIIIIIIIIIIIIII

USE OF FORCE REPORT

Date of / Time:1318 .Occurrence: 01/14/2008 Incident Location: Madison St Name of suspect: Glen K Gausewitz Address: .. .~_ .. telephone #
'-0-'-

BIt #991-09

Part I

(Reporting officer incident report)

Arrest #

Case #144-09

Control #

2.00'

q '- 0"2-

DO ~._.

-ID #2732 Witness addre.

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Race:w

Sex:m

Reporting Officer:Ptl A Benware Witness Name Frank J Margan /. Assigrunent:2 Telephone#

I-- - ~-

.11.1.11 Ir

I.

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Other O(ficers at scene Ptl G Barrett

ID# 0576

Officer iniure before or after force? brieflv describe iniurv NO

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

Did suspect require medical treatment?

X Yes DNa

Name o[attending medical providers Deborah Price, RN

Medical X EMS treatment i1'Hospital providers: Address o[medical treatment provider Saratoga Hospital .

O Other - (add in narrative) Phone#

Suspect taken to Hospital by: Saratoga EMS Suspect's condition at time afforce:

List Investigator(s) assigned, if any:

O Appeared normal O Had been drinking O Intoxicated by alcoholic beverage O Under influence of drugs X EmotionallylMenta).lY disturbed O Oilier (explain in narrative)

Hospital Action:

X Admitted O Treated and released O Refused treatment - (see below) O Oilier - (describe in narrative)

signature of witness to refusal

XPhoto's DDiagram O Statements O Other Was suspect arrested? DYes (attach copy arrest report) X No RepOrtin~ .r's signature: r:'.t-t ./ ~ , . 'I' j,, ~___ 'J ~ Form -

On scene Supervisores): Sgt T Mitchell Investigating supervsonsj assigned:

Approved by: --, -0-',

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Reporting Officer's Narrative

(Use additional forms ifnecessary) Type afforce used:

Describe in detail all actions by the subject (by words or conduct) a~d your reaction / level of response to protect yourself / others and/or control the subject.

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 Officer Barrett arrived on scene first and confronted the subject, later identified as Gausewitz, who

that he was bleeding.

was.hghy 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
"

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pages

/1

..4

Officers signature: Routing:

;.: 'V--'

/~

Date:

! .. (rf if.'
,.

Reporting officer forward to investigating supervisor

Form -

SSPD-20.1
Page

_L~ of ~pages

USE OF FORCE REPORT

Narrative of:
Reporting D Investigator %Witness Police Officer

Part II-A
D Other:

(Incident Investigation)

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 and others. Myself and Officer Benware pursued Gausewitz and when we caught up to him Officers gave verbal commands for him to get down on the ground. Gausewitz did not respond to the commands; he was acting aggressively and he began flailing his arms as we attempted to approach him Officer Benware then gave two separate commands for him to get on the ground. Gausewitz then lunged at this Officer and Officer Benware deployed the taser striking Gausewitz in the chest. Reporting Officer was not able to handcuff Gausewitz for his safety and Officers' safety. Gausewitz continued to struggle with Officers so Officer Benware engaged a second cycle of the taser on Gausewitz, at which point he became compliant and then was handcuff for Iris safety and , Officers' safety.

Fonn -

SSPD-20.1
. Page' -.-c;

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pages b

Officers signature: .#":'::7/

,/ .-'/';

Routmg:

~ :,.-~ Reporting officer forward to mvestgatng supervisor

.~.-/

t:J//'

1Date: -:-> / /?T'r. /

Fonn -

SSPD-20.1
Page ~ of ~ pages

USE OF FORCE REPORT

Investigation)

Part II-B

(Incident

Narrative of Investigating
(continue necessary)
011

Supervisor:
of paper

separate

sheet

if

Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured and its storage location.

___

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 I heard 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 made contact 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-20.1
r).

Page ~

of _'_;_ pages

,. .,

While on scene I was appoached by a witness, Frank Margan, who resides at iF

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 in their 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 at

Police 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:;\

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Date:
i-J-l7

Routing:

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

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SSPD-20.1
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USE OF FORCE REPORT

Training Unit Recommendations
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Part lIT (Training / Command Review)

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Command Supervisor Recommendation: D Continue Investigation "RCB! -appropriate use afforce D Training deficiency noted D Counsel/Retrain Officer D Policy failure noted Routing: Form -

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check all that apply

--

Final Disposition: check all t a appy-'---, ,. D Closed by Investigation / appropriate force used

D Formal Review Board D Disciplinary Action DOther:

D General training deficiency identified / addressed D Officer was counseled and retrained D Disciplinary action has been commenced D Other:

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

SSPD-20.1
Page

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Saratoga Springs
POLICE DEPARTMENT

USE OF FORCE REPORT

Instructions: Complete this form for all reportable use of force incidents, as defined in the operations manual under the General 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. 4. ~ 5. 6. List additional witnesses, officers, or any other information requested in your narrative if there is not enough room to capture that information in the space provided. If suspect refuses medical treatment, request the EMT, hospital staff or other medical personnel present to sign as a witness to refusal of treatment on the reverse side of this form. Attach a copy of the department computer generated arrest report, if the suspect was arrested. Also attach information about the suspects prior criminal record, if any. 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.)
state of the suspect during the force encounter; was under the influence of a drug or alcoholic beverage. O Describe all weapons possessed or available to suspect during the altercation. carry, out his/her attack upon you; include prior violent history towards police.

O Describe the apparent physical/mental/emotional

Include if he/she

O Describe any special skills or abilities (boxing, martial arts) of the suspect that were, or could have been, used to
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 speolc verbalization
details why. you used prior to escalation to physical force. If verbalization could not be used, give .

'O Describe all force techniques used, including lesser force options you used on suspect and why they 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. all injuries to assisting officers or yourself 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 or bloody 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 assigned evidence 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 I and" of the Use of Force Report.

O Describe in detail all injuries suffered by the suspect and/or his/her accomplices;

Form -

SSPD-20.1
Page_l_,_ of ~ pages

SUPERVISORY TASER X26@USE REPORT SARATOGA SPRINGS POLICE DEPARTMENT 5 LAKE AVE., SARATOGA SPRINGS, NY 12866 518-584-1800
Date/Time:

.Lfi.,:./_l{.:k..1_(}_~-----=f!=--_1_3_{1_.r
S~'
.' /'11 ( Dnl. I 25-ft XP

Taser Officer's Name: Officer(s) Involved:g11 Taser Serial #:X ( ) Jail ( ) Hospital

-.:",,' )~6::.;:,/',I1.!..1 t..:.,:J/::..:..'1I"_"':.-+!

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On Scene Supervisor: Air Cartridge Type(s): Location ofIncident:

vOi\,(

~/}1li1-tJ'

00 ~ Li 21.("(;:;)

( ) Indoor

0 Outdoor

Incident Type (circle appropriate responsees) below): Civil Disturbance Suicidal Suicide by Cop ~~ Barricaded' Warrant

Other:

Nature of the Call or Incident: Charges:

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

ovco -.!Je
_Animal Sex:

bD)

sr

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Type of Subject: If Human:

,''I."..-

Human ~']

Age:

'M

Height:

6 (f

Race:lJ

Weight:

IZ
N _

Admitted to Hospital for Injuries: Medical Exam:

WN
tJ5'(l1

Admitted to Hospital for Psychiatric:w (specify):

&:IN

Suspect Under the influence: Alcohol/Drugs

Medical Facility: Sl:l(l,t:i66 /J

rA (.~

Doctor:

Was an officer/law enforcement employee injured other than by Taser? y Taser use (circle one):tg Number of cartridges fired: / Failure

--------------
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Suspect wearing heavy or loose clothes: y Number of cycles applied:

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Usage (check one): ( ) Arc Display Only F~r Taser Applications:

(J(.) Laser Display Only

N

() Taser Application Was this a drive stun deployment? fo feet

Was this a probe deployment?cP/

Y{fj)

Approximate target distance at the time of the probe deployment:

, ,

Approximate distance between the probes: Did probes penetrate the subject's skin? Did Taser application cause injury? y Description of injury:

1""''-..

inches

Need for an additional de~~oyment? N

(j) N

Probes removed on scene? Y

()

If yes, was the subject treated for the injury? y

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

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Need for additional applications?

(!J; N

Did the device respond satisfactorily?(y)

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!6Jt. 'Z:l!.pr/dilDC {:l()O ,f:f/f){U (.J/tJS'f/JPtL

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. Were other means attempted to control the subject? OC Spray: Y / if[) Baton: Y

y/ID If yes, what types? (Circle or list other below)

y

Authorized control techniques:

Other: --'-

Photographs Taken:@NReportComPleted

by: ---,-PTt_~=(---=;:=..c~'-<'~="---c..::=

ADDITIONAL INFORMATION

Revised 08-14-08

S~rat0ga ~prings Police

7 Rport
Wed

Day

8. Date Jan 14 2009

NY0450100
9. Report Tim Occurred On/From: 17. Business Name NO.,Slreet Name,Bldg. No.,Apl. No.) 20. City,Slate,Zip(Q;JC SARATOGA DT DY) SPRINGS

't. ~~~~

;~:~~~'~4-09 SS-000991-0
13. Day Wed 14. Date Jan 14 20Q9

13:18

12. Time

Occurred On/From:

16. Incident Type MEDICAL ASSIST'

13 :18

IS. Time

13:18 A.

18. Weapon(s)

19. Ineident Address(Streel CRESCENT ST

,FNO','ii"lii ''imHE:;Wl:Ej ~J~SE0tIN*!; #S:iJB!fu10s :GtK,~i';,,1;>j6;.t.flj~; ~HjC\j!f ~;;A1;i;i,r{

21. Location Code 4601 23. No. of Victims

B.

C. 24. No. of Suspects D.

26. Victim also complainant CA DARCY, LAURA L

[]Y QgN E.

J JR

BUS RES. (

PI WI

DARCY,

WILLIAM

I tr

F.

BUS RES.

G.

MARGAN,

FRANK

BUS RES.

__ .H.

OT

ROOKE,

TONYA SEMS WEST AVE SARATOGA SPGS,

.

NY

12866atus

BU RES. emp. es- oreign a .. ludent OOther. Homeless Unk/Not Indicated

.-

'

27. Date of Birth

. ex . ace . IC an leap / / OM OF OWhite OBIack OOther []Hispanic Dunk. []Yes U Indian Asian Unk. Non.His anie No 34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law []Yes DNa 36.Name(LaSI,First,Middle) GAUSEWITZ GLEN K 37.AJias/Nickname/Maiden Name(Last,First,Middle)

28. Age

eSI ence

OResident OTourist Commuter Milita

J.

35.Type/No SU

K.

L.

56. Address

05

08

10.000

COTTON PANTS

",
60. Vehicle Status 61. License Plate No Full D Partial D 66. Veho Yr. 67. Make 62.State

30.00

63. Exp. Yr.

64. Plate Type

65. Value

30.00
69. Style

71. Color(s)

72.TowedBy: To:

__ e
IC

otes

74.

0576

: 01/15/2009

09: 07 - Reporting

Officer was dispatched

to 90 Crescent

Street

for an unknown male on the resident's property bleeding from the head. Officer arrived on Crescent Street and was informed by dispatch that the individual, a white male, was running east bound on Crescent Street and was only wearing a pair of boxer shorts. Officer observed the white male running down the street and stopped Officer him at the intersection of Crescent Street and Madison Street. had observed that the individual, later identified as Glen Gausewitz,

cuts along his knuckles

where he was bleeding

from excessively

and that he had a in boxers and

gash on his head where he was also bleeding.

Subject was dressed

short's and was not wearing shoes. Reporting Officer got out of the vehicle checked on Gausewitz's well being. He was unresponsive and he sat on the
7S.Jnquiries(Cheek [29DMV. Crim. Histor 78. Re O all that apply). Qgwanl/Warranl. OScofflaw Other 79. ID No OUnfounded OWarrantAdvised DExtrad. Declin 76. NYSPIN Message No. 7. Complainant Signature

Signatur

lude Rank)

11~~l~~~~:;~~:;~~~~~~-:::10~5~~~6~P;T~L~B~A~R~R:E~T~T~ 8 . Status Open gclosed(if Closed, check box below). OVict. Refused to Coop. DArrest oPros. Declined I?]CBI OJuv. - No Custody DArrest-Juv. Daffender Dead.

Il

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~~;j::t~~~~::~~~~~~~~~~~
80. su,p-\-e~sor's ~i~ lure(include Rank) 81. ID No 83. Status Dale 14 2873 SGT MITCHEL,L 84. NotifiedrrOT -J8~S~.-------1 Page of. 2 DUnknown Jan 2009 Pa es'

- - -

- - c --

--------

INCIDENT INCIDENT No.: 88-00144-09

REPORT

(continuation

page) BLOTTER/CC

l-'age z at

z-

NO.:8S-000991-09

================================================================================

ADDITIONAL

NARRATIVE

===========================================================.=====================

ground and began rocking pack and forth. Officer Benware then arrived on the scene 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 gave verbal commands for him to get down on the ground. Gausewitz did not respond to the commands; Officer Benware then gave two separate commands for him to get on the ground. Gausewitz then lunged at this Officer and Officer Benware deployed" the taser striking Gausewitz in the chest. Reporting Officer was nt able to handcuff Gausewitz. Gausewitz continued to struggle with pfficers so Officer Benware engaged a second cycle of the taser ori Gausewitz, at which "point he became compliant and then was h~ndcuff for his safety and Officers' safety. Officers arid EMS personnel were able to secure Gausewitz and EMS transported him to the ER where he was admitted in the MHU.
================================================================================

ADDITIONAL

ASSOCIATED

PERSON(s) SPGS, NY 12866-

====================================~===========================================
Name:CHRIS LOHNES Address: SEMS - WEST AVE SARATOGA Home Phone: Business Phone .. :(518)584-2109

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

Jr
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#:

Rank/Name: PTL AARON BENWARE 'p Springs Police Department Case Number. : SS-00144-09 Blotter/cC #: SS-000991-09 - Reporting Officer dispatched running through yards and that to Crescent St he was bleeding for a report of a . Officer Barrett

"ip Nl';::ber :

L~x:ment:Saratoga

92:(/14/2009 15:35 . :"jale:'. : his underwear

"az r. vc on scene first and confronted the subject, later identified as Gausewitz, who was h': ;hly agitated and combative. Gausewit"z began to ran up Madison St in an attempt to es<:,pe apprehension. Gausewitz turned in an aggressive manner and began to charge at Off: ':::er Bar-rett. Reporting Officer gve a taser warning twice to Gausewi tz who ignor, Offici: : same. Officer fired the taser and momentarily incapacitated Gausewitz. As Barrett was attempting to place Gausewitz in handcuffs,Gausewitz became

comba~ ve again and Officer initiated a second cycle on the taser, enabling Officer Barret; to plade him into the handcuffs. Gausewitz was screaming and was completely incoh,ent. Gausewitz was transported to Saratoga Hospital by EMS. Gausewitz continued his e.' a Kar: d. s or expen! :::1tic behavior while at' the Emergency Room. Officer spoke to Gausewitz' s. father, ~ausewitz, who advised that his son suffers from Psychofrenia and bi-polar r . Gausewitz was turned over to hospital security for admittance to MHU. The d taser cart 'd e was secured 'and placed into evidence locker #1.

Signa~' ir e D.O. : Sqd. Superv. :

c.a. :

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

Narrative #: ,Officer Rank/Name: SGT THOMAS W MITCHELL Department: Saratoga Springs Police Department DD Number : 2873:01/14/2009 16:58 - To be completed1/15/09

Case Number.: SS-00144-09 Blotter/CC #: SS-000991-09

2873:01/15/2009 07:52 -On 1/14/ 09 Reporting Officer responded to the area of Crescent St and Madison St in reference to an unknown male who had just been at the door of 90 Crescent 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 responding to the area, Dispatch advised that the male had just taken off his pants and was running 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 the intersection of Crescent St and Madison'St. PtI Barrett requested that EMS stage in the area as the subject was not being cooperative. A.minute or two later, I heard PtI Benware call that he was on scene with PtI Barrett. PtI Sartin and PtI Prestigiacomo then arrived on scene. When Reporting Officer arrived on scene I observed that members of Saratoga EMS and SSFD were treating the subject (later identified as Glen Gausewitz) in the back of an ambulance. PtI Barrett advised me that Gausewitz had been uncooperative whe~ he attempted to assist him. GaUsewitz was bleeding and had been flailing his arms and had .refused to comply with several verbal commands given by both PtI Barrett and PtI Benware. PtI Barret and PtI Benware advised me that PtI Benware had to deploy the taser on the subject as he was acting in an incoherent and aggressive manner and refused to comply with verbal commands given by the officers. PtI Barrett further advised me that when he attempted to restrain Gausewitz he had gotten some of Gausewitz's blood on his uniform and on his boots. PtI Barrett further advised that he had been wearing rubber gloves 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 that the Police had attempted to help him several times but that Gausewtiz was very uncooperative. He noticed tht Gausewtiz had been bleeding prior to police arrival. A written statement was secured from Mr. Margan. Reporting Officer and PtI Prestigiacomo spoke to the original caller, Laura Darcy at 90 Crescent st. While at that location reporting Officer located a pair of khaki 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 the front of Ms. Darcy's home. There was also some blood on the front windows of her home which 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 HQuntil foul play is ruled out. Officer began a neighborhood canvass and found that there were also footprints in the snow at 88 Crescent St. There were also a few drops of blood near these f oot.pz'Lrrts . There were no other footprints in the area nor were than any other signs of blood in the area. Initially there was no one home at 88 Crescent St but prior to me leaving the area the homeowner did return. Officer spoke to Leonard Brown and 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 the man running around wearing only a pair of shorts. He did not recognize the man but thought that he had come from Hathorn St. Officer also spoke to a resident at 85 Crescent St who stated that he also saw the man and that the man appeared to be coming from 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

Officer

Narrative Rank/Name: SGT THOMAS W MITCHELL Springs Police Department

#:

- -:'J-.

Department: Saratoga DD Number :

Case Number. : SS-00144-09 Blotter/CC #: SS-000991-09 at 2 Hathorn

also checked the residences on Hathorn St and found no one home except St. This resident also did not see the man.

While at the hospital PtI Benware was finally able to determine the identity of the man as being Glen Gausewitz. PtI Benware spoke to Gausewitz's father and found that Glen Gausewitz suffers from schizophrenia and bi-polar disorder. Signa ture D.O. :

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Narrative :LcerRank/Name: PTL

ANDREW

#:

PRESTIGIACOMO Police Department Ca se Number.: S8-00144-09 Blotter/CC #: 88-000991-09 and

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ipartment: Saratoga Number :

Springs

--'

/3004:01/15/2009 11:51 - I was clearing from a 10-35 when I heard Officers Barrett 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 appeared Officer Benware had just deployed the tazer. I assisted Officer Barrett with restraining 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 caller LAURA L. DARCY. Mrs. Darcy reported that the maIer later identified as GLEN GAUSEWITZ was attempting to enter the side door to her home. He was not wearing a shirt only a r pair of pants and socks. The subject was bleeding excessively. The door was locked and she did not let him in. The subject then ~alked through approximately four feet of snow in the front yard attempted to access the front window situated on the north east corner of the house. Once his attempt was unsuccessful he left the. location and began walking east on Crescent Street. As he began walking he took his pants off and left them on the roadside. After I finished interviewing Mrs. DarcYr I secured digital photos with my Traffic Camera of the pantsr residencer footprints, side door. and front window where the subject left trace of blood. 8gt Mitchell secured the pants in a papr bag after their location was photographed. Photos were uploaded to this report an~ are nu~ 013-021. signature D.O.: ;

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Offic.er Rank/Name: PTL THOMAS Department: Saratoga DD Number : Springs

Narrative J SARTIN Police Department

#:

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Case Number.: SS-00144-09 Blotter/cc #: SS-000991-09

0791:01/22/2009 07:59 - Reporting officer responded to the area of Madison Street to assist 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 the pavement. PO Benware had deployed a taser at the subject. EMS personnel were standing by o~ the street near the incident. Officers were able to handcuff the subject and then the EMS personnel transported the subject to the ER. The subject was talking to officers but his statements did not make 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 and they were secured was on a bed I-removed the two prongs as evidence by PO Benware. from the subjects chest

Officers attempted to interview the subject but were not able to get any further information from-him. Inv. Lewis arrived and secured photos of the subject. I then cleared from the Saratoga ER. Signature D.O. :

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Sqd. Superv. :

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Narrative

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Offioer Rank/Name: SGT THOMAS W MITCHELL Case Number.: SS-00144-09 Blotter/CC #: SS-000991-09 2873:01/22/2009 09:53 ~ At approximately 11:15AM on 1/21/09 while Reporting Officer was at the front desk, Sara Gatisewitz (mother of Glen Gausewitz) came to the front window looking to talk to an officer who had dealt with her son, Glen, on 1/14/09. She thanked officers for their assistance and advised that her son has mental health problems and that he had been slowly acting more and more erratic since 1/1/09. She further stated that he had become more and more unreasonable and that he was good at fighting. She advised that he is now receiving mental health care. Signature D.O. : Department: Saratoga Springs Police Department DD Number :

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li'iCIDEN l lU!.rVKl 110. Day

Report Day

19. Report Tim

N~, Jun \28 C 16. Incident Type I DISORDERLY CONDUCT

D 19. Incident Address(Street E

\2008

03:22

Occurred On/From:

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Occurred

28 2008

03:22

I:

13. Day 114. Date

115, Time

Sat

Jun

128 \2008

03:22
A.H B.
X

17. Business Name

.
120. City,State,Zip(~C DT

J 8. Weapon(s)

PERSONAL WEAPONS
DY) 21. Location Code

No.,Street Name,Bldg. No.,Apt. No.)

CAROLINE ST
22. OFF. NO. 1 2 3 LAW SECTION SUB CL CAT DEG ATT

SARATOGA SPRINGS
NAME OF OFFENSE

4601
CTS 23. No. of Victims

PL PL PL

240.20 -1 205.30 240.20 -1

OT=O,ther Pl=Person

U A U
Interviewed

V
M

V
PR~Person Date of Birth

O O O

DISORDERLY CONDUCT RESISTING ARREST DISORDERLY CONDUCT

N1~Not Interviewed VI =Victm NAME,BLDG,NO.,APT.NO.,CITY,STATE,ZIP

1 1 1

1
24. No. of Suspects

C. X

1
3lYDN Telephone No. BUS RES.

D,47
E.

1',

25 ..person Type:Co,--Complainant TYPEINO

Reporting Wl=Wtness

26. Victim also complainant

Sp OR Cs IO
AN

NAMErLAST .FIRST MIDDLE TITLE)

STREET NO.,STREET

SE CV

SARTIN, THOMAS KEHOE, PTL J BRAIM, PTL E

5 LAKE AVE SARATOGA SPRINGS, NY U8665 ~AVE SARATOGA SPRINGS, NY 12866-2216

F. G. H. S
L 4
J.

CV

BUS RES. BUS RES. BUS

(518)584-1800 (518)584-1800

TS CV
E

5 LAKE AVE SARATOGA SPRINGS, NY 12866-2216

D. 27. Date of Birth

.;-

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_~,_~ex kace . . rstnmc ~DF QgWhite DBIack DOther []Hispnc DU nIndian nASian nunk. OONon-Hisnanic 34. Victim DID receive information on Victim's Rights and Services pursuant to New York State Law

128. Age

ru,

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35.Type/No

36.Name(Last,First,Midclle)

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Ke~laence :>talustJtemp-"es.-.t<orelgn rsat.. QgResldent []Tourist Student DOther. DCommuterDMilitary Homeless UnklNot Indicated

Fl

Fi

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37.AliaslNicknamelMaiden

Name(Last,First,Middle)'

AR

MARSELL TERENCE C
No.,Street Name,Bldg.,No., City.,State,Zip) 14o.Phone Res: Bus.:
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38. Apparent Condition ~Paired Drugs pMental Impaired A1co Ini/Ill

K.4 Dis ~nk. Ann Norm.

39:Address(Street

518-878-2720

L. 41 M.N.

41. Social Security No .

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114-56-5740

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143.Age:1

33 . r-ro
50. Weight 51. Hair

_~.::;ex ~DF

49.Height

14,~!'ce []White rlIndian 152. Eyes

\08

~70

BLK

BRO

~lack DOther nAsian nUnk. J~:asses es[]Contacts.-~aI! No

'l"o.l:>illlllC []Hispanic

57. Scars/Marks/Tattoosescrbe)

DUnk. ight []Dark i: ONon-Hiscanic ~lMedium FiOther 54. Build 55.EmployerlSchool []Large edium 5~. Misc.

OUille.

148. Occupation

156. Address

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Status

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Value .'

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49

1.000

CARTRIDGE

50.00

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Status

61. License Plate No

Full

9/

62

State

63. Exp. Yr.

64. Plate Type

OJ. Value

50.00

Partial D 66. Veho Yr. 67. Make

68.Model

169. Style

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172. Towed By: To:

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entere Notes

occurred
N
.

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04:11 Reporting officer just cleared from a dispute that on the sidewalk on Caroline Street near Henry Street. The subjects that were involved with the dispute wer~ told to disburse from the area . The intoxicated subject that was id'd as Terence Marsell was the main aggressor tha:t was yelling at patrons and causing the disruption. Officers just cleared from the call and MarseIl walked into the small parking lot on the corner of Caroline Street and Henry Street: He then began yelling at other subjects in the parking lot and began to throw clo,sed fist punches at the other male subject;:>. The male subjects began to fight with each other and officers r'an into the lot. Once in the.parking
all that apply).
QgWant/Warrant. n ~'t::;-;n p,.nn.rn,

0791: 06/28/2008

D
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~.

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T,

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~ 12
use cover sheet

lot officers

told the subjects

7. Complainant Signature

to stop fighting

multiple

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75:Inquiries(Check ~MV. ~ Crim. Histarv

76. NYSPIN Message No.

t;; ~ ~
<C

ir

DScoffiaw nOther 78. Reporting Officer Signature(Include Rank) 9 IDNO . 82. Status DVict. []CBI DOPen Refused to Coop. D Juv. - No Custody ~Closed(ifClosed, ~est []Arrest-Juv.

B
~

V PTL SARTIN 0791

check box below). []Pros. Declined OOffender Dead. DUnfounded

80. Supervisor's Signature(include

Rank)

1:81.IDNo

2762 SGT TETa

83. Status Date 84. NotifiedfTOT

85.

Page of.

D Warrant Advised [JExtrad.Deciin DUnknown

Jun

28 1

2008 1

3
Pages

.lNC.llJl!;r',:.: .KI!d:'VK:': ~con"C~nU"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 the Trotters and Clancy's bar patrons to exit the establishments and gather in the st ree.t; to wat.ch. When I ran into the parking lot I told a male subject, Terence Marsell, to stop fighting 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 under arrest 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 kept running 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 air placing his arms up with closed fists so I aimed the Taser at Marsell's chest and deployed the Taser. Once the Taser struck him he fell to the gr-ound. The Taser finished its cycle and theb Marsell complied wi th officers commands. I told him t;o rollover and place his arms behind his back and he did. PO D. Mullan then handcuffed Marsell. I then walked Marsell back to Caroline Street because all of the other officers were dealing with the other subjects in the parking lot. I then secured 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 in the left leg at his knee and the other one struck him at the right side of the neck. I then cleaned the areas with alcohol pads. I then placed a band aid on the spot the one hit him on the neck because it was bleeding. The one on his knee did not bleed and I could. not find where it struck him after I pulled out he prong. After I removed the prongs I placed .them into the cartridge and wrapped the cartridge with the rubber glove. I then placed the glo~e into a evidence bag and placed it into the evidence box. As I was processing Marsell I could smell a strong odor of an alcoholic beverage coming from his breath as he spoke .. The subjects that were arrested were then all processed then placed into the cell block with police officers observing them pending arraignment .

===~============================================================================
ADDITIONAL OFFENSES(s)

".

===~=====~===========================================================~==========
Off #ILawlSectionlSubdivlCLICatlDeglAttl 41PL I 205.301'SIPL I 240.201-1 lA 1M I I I I Name of Offense ICtsl

---~------~---------~------------------~------------------~--------~----------~_.
I O IRESISTING ARREST I O IDISORDERLY CONDUCT

I 1 I
I 1 I

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

==============================================~=================================
Type:ARRESTED PERSON Name:JOHN J BATCHELDER Address: ...... I~' AKA : Condition: IMPAIRED ALCOHOL. SS # ........... Home Phone: $ Buslness Phone .. : DOB.: _ Age:.30 Sex:M Race:WHT Ethnic:NON-HISPANIC Skin:LIG Height: 6 .00 Weight: 220. Hair: BRO Eyes :BRO Glasses: NO Build: LARGE Occupation: PAVING Employer:RICHARDS PAVEING Scars:BATCH ON MIDDLE BACK Misc: -------------------------Type:ARRESTED PERSON Name:PATRICK M MILLER Addr~ss: "_11111111111111111 AKA : Condition: SS #:091-62-2032 Home Phone:~ Business Phone .. : DOB.: Age: 30 Sex:M Race:WHT Ethnic:NON-HISPANIC Skin:LIG

liIIIIIIIIF.......

-~---------------------------------------------------22

INCIDENT , INCIDENT No.: 88-02043-08

REPORT

(continuation

page) BLOTTER/CC No.: 88-013126-08

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

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

~'"

Narrative Officer Rank/Name: PTL PATRICK

J

*:

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

Department: Saratoga Springs Police Department DD Number :

1222:06/28/2008 04:54 - Officers were on patrol on Caroline St. in front of Clancy's and 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 in the parking lot" located at Caroline St.. and Henry St.. when a fight ensued between Mr. MarselI, John Batchedel and Patrick Miller. All subjects were given stern commands by officers to stop fight which they all ignored. Mr. MarseIl started to run south on Henry St .. when I began to pursue him. Officers attempted to place him into custody in front of the library when he continued to resist. At that point PtI. Sartin deployed the taser against Mr. Marsell which gained immediate compliance. At that point myself and 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 and attempt to strike PtI. Braim and at which point my taser (taser #1) was deployed against him. Mr. Batchelder immediately fell to the ground and started to convulse. After the cycle was over Mr. Batchelder was given additional commands to rollover onto 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 taser cycle was administered which cause compliance again. When officers attempted to place him into custody again he began to resist again. By this point Mr. Batchelder had rolled enough times to break the taser wires. At this point I administered several drive 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 #: Officer Rank/Name: PTL EDWARD Department:Sarataga DD Number :

BRAIM

Springs Police Department

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

0992:06/28/2008 05:17 - 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 charge me and throw several punches one of which stuck me in the left side of the face. At this time I attempt to take BATCHELDER to the ground to place him under arrest. BATCHELDER then pulled away from RO and tore of his shirt and necklace and stated "lets fucking go mother fucker". At this time I advised dispatch that I needed assistance in the lot at which time several officers came to the scene. At this time BATCHELDER was advised byPtl Arpei to stop resisting and to comply with our corrimands but he refused todo so. At this time BATCHELDE~ was advised.that if he did not comply with Officer commands that he would be tased but he continued to fight. PtI Arp&i then deployed the taser and BATCHELDER was placed into custody and transported to police hq. Signature
D.O.:

Sqd. Superv.:

C.O. :

Narrative

#:

Officer Rank/Name: PTL JOHN R KEHOE Department:Sarakoga DD Number : Springs Police Department , Case Number.: SS-02043-08 Blotter/CC #: SS-013126-08

1647:06/28/2008 05:22 - While on patrol in marked unit 4213 in the area of caroline st. 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 cuts from fighting on his head and arms. Miller was put into marked unit 4213 and transported to HQ for processing with no further incidents. Signature
D.O.:

Sqd. Superv.:

c.a. :

~arrat~ve Officer Rank/Name: SGT JASON H TETU Department:Sar~toga DD NuInber : Springs Police Department

tr:

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

2762:06/28/2008 22:51 - 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 MARSELL. 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 bega~ 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 ARPEI, 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 Marseli. He fell to the ground and he then complied with officers instruction and was arrested and transported to HQ. Myself and Officer P. Arpei heard OFFICER BRAIM and OFFICER MULLAN call for assistance ...We ran to their location. I observed Batchelder push back Officers Braim and Mullan .while raising his fist and wildly swinging at both officers .. Officer Arpei had not yet arrived. I drew my expandable baton and struck Batchelder on the inside of his right leg twice just above the knee joint and gave verbal commands to get on the ground. Batchelder ignored my commands and continued to swing his fists at me and the 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 to fight .. I ordered Officer P. Arpei to give Batchelder another 5 second cycle. He continued to resist and failed to comply with instructions. I ordered Officer P. Arpei to give Batchelder a third 5 second cycle. Batchlder complied~with instruction only after receiving three additional drive stuns and was arrested and transported to HQ . .Signature D.O.: _ Sqd. Superv.:

c.a. :

!- Narrative Officer Rank/Name: INV RICHARD ARPEI Case Number.: SS-02043-08 Blotter/CC #: SS-013126-08
#: 5

Department: Saratoga Springs Police Department DD Number :

3016:06/28/2008 23:14 - Officers were n patrol when we heard Officer Braim call for assistance during an physical altercation across from Clancy's bar. As w approached. the scene I observed Officer Braim and Officer P. Arpei attempting to place a white male into custody. The male, identified as JOHN BATCHELDER did not have a shirt on was was struggling with Officer Brain on the ground. Batchelder had both arms tucked under his body as he layed face down, on the ground. I approached Batchelder from his left side and grabbed his left arm which was tucked under his torso. Batchelder would not place his arm 'behind his bck when being asked to do so multiple times. As I attempted to place Batchelder's 'arm behind his back he would continue pull his arms toward his body. Batchelder would not allow Officer's place his arms behind his back in order to place him into custody. Batchelder continued to resist arrest at which point Officer P. Arpei deployed a drive stun to Batchelder. Batchelder continued to resist arrest and attempt to pull away from Officer as he was on the ground. Officer P. Arpei deployed an additional drive stun at which po.nt; Batchelder stated that he was done fighting and agreed to be placed into custody. Signature
D.O. :

Sqd. Superv.:

c.a. :

Narrative OffIcer Rank/Name: PTL JOSEPH P CAREY Department: Saratoga Springs Police Department OD Number :

~:

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

1633:06/30/2008 09:32 - Officer arrived at scene and spoke with officers who stated the Taser had been deployed on two subjects, later ID as Batchelder and Marsell. Officer accompanied transporting officers to HQ' and assisted them with treating probe entry points per policy. Due to Batchelder having undergone more than 3 cycles, he was checked by Saratoga EMS personnel at the station'who stated he was fine and no further medical attention was necessary. Officer installed new cart'ridges in the two Tasersthat were utilized (# l and # 3). While speaking with officers at the station about the incident, all officers stated that the use of the Taser allowed the officers to take the arrested subjects into custody more quickly and safely than other available options. They also observed that the crowd had started to close in on officers during the Batchelder arrest until the Taser was deployed, at which point they all backed away frOm officers a considerable distance or left the scene. Officer perfo~med Dataport download of Taser # 3. Taser # l showing time discrepancy upon download attempt - unable to retrieve firing data. 1633:07/10/2008 10:11 - After speaking with Taser Rep, 9fficer located firing data from Taser # l and printed out report. Although report shows discharges occurring 01-14~08, they were from 06-28-08 at the time of Batehelders arrest. Download report attahed to case file. Signature D.O. :, _ Sqd. Superv.:

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Officer

Rank/Name: PTL DANIEL M MULLAN, JR

Department;Saratoga DD Number :

Springs Police Department

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

0452:07/10/2008 07:22 - I was in the area of Trotters bar when I observed Officers out with a black. male identified as Terence MarselI. The black male was up against the police vehicle and after being interviewed was told that he was free to go a short time later. I was then in the area of D'andreas pizza when I heard Officers call off with a fight in the parking lot across fr-om Trotters Bar. I returned to the area of trotters and observed numerous officers running after Marsell. I began to chase Marsell and by the time I had caught up to him I observed and heard Officer Sartin give command$ to which MarselI did not comply. Officer Sartin then used his tazer and shot MarselI in the chest. MarselI was handcuffed and I returned to' the parking lot across from Trotters to observe Officer Braim fighting with two other subjects later identified as Patrick Miller and John Batchelder. I assisted in the apprehension of Patrick Miller with Officer Braim while the other Officers there took Batchelder into custody all prisoners where transported to HQ for processing. Signature D.O.': Sqd. Superv.:
C.U. :

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Saratoga Springs
POLICE DEPARTMENT
Instructions:

USE OF FORCE REPORT

Complete this form for all reportable use of for,ce incidents, as defined in the operations manual 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 th Chief of Police. 3. List additional witnesses, officers, or any other information requested in your narrative if there is not enough room to capture 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 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. Also attach 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'>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 could not be used, give details why. . Describe all force techniques used, including lesser force options you used on suspect and why they 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 to assisting 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 or

D<ii~e details regarding

offensive injuries, tom or bloody uniforms / clothing, other evidence of suspects actions). supervisory notification/response.
;
i ,

Part IT-A of Use of Force Report shall be completed by Officers who witness a use of force incident, or Investigators 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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SSPD-20.1

r "

USE OF FORCE REPORT

Date of OCcurrence:8/3/2008 Incident Location: Caroline St Name of suspect: Daniel A Rowe Address: Reporting Officer: PTL. P. ARPEI Witness Name

Time: 01:24

Blt# SS-016532-08

Part I
Case# SS-02609-08

(Reporting officer incident report) Arrest # Control # . SS-00575-08 ell

J .1006"-

DOB: telephone # ID# 1222 .Witness address

I:~ce:.

IJex:

IIAssignment: PATROL Tele{l.hone#

Other Ofilcers at scene SGT. TETU PTL. BAKER PTL. WILSON

ID#
2762 1573

Officer tniure before or after force? brietiv describe inturv .

0606 Describe suspect injuries prior to and after force was used: MR ROWE SUSTAINED A LACERATION ON HIS FOREHEAD FROM BANGING HIS FOREHEAD INTO THE PAVEMENT. NO INJURIES WERE SUSTAINED FROM THE FORCE

Did suspect require medical treatment? Name o[attending, medical f2.rovders

./
Yes DNa

Medical treatment ~MS providers: ~ Hospital Address o[medical treatment f2.rovider

O Other - (add in narrative) Phone#

Suspect taken to Hospital Hospital by: SARATOGA HOSPITAL Action: Suspect's condition at time afforce: O Appeared normal ~ad been drinking , Intoxicated by alcoholic beverage List Investigator(s) assigned, if any: O Under influence of drugs O EmotionallylMentally disturbed O Other (explain in narrative)

~mitted v Treated and released O Refused treatment - (see below) O Other - (describe in narrative)

signature or witness to refusal

DPhoto's oDiagram D Statements O Other Was suspect arrested? DYes (attach copy arrest report) O No Reporting Ofjio~'

On scene supervisor(s):SGT. TETU Investigating supervsors) assigned:

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SSPD-20.1

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Reporting Officer's Narrative

(Use additional forms ifnecessarv TV/Jeofforce used: D Physical 1222:08/03/2008

I Describe in detail all actionsby the subject (by words or conduct) a~dyour reaction

1 level of responseto protect yourself lathers and/or control the subJ~ct. D Canine D Chemical DImpact DHandgun E(Other firearm 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 glss 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 zantually .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 steFlfesistiA. Mf. Rewe saiA staFte te lI;iel~ e#ieefS '.'tAileeA tAe FetlA at 'v'<fAieAleiAtI Fltllle ffiy taser at F and delivered a drive sttll1 to Mr. Ro~~e'sbael~.Mr. Ro~~estopped briefl~ arrd tiieli start to slam liis irrte tile pavsment Oll ealolille St.
sevei O~~II

forellead

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 t KiCKat officers at wtict point I deliV'ere asecona anve stun to Mr. Rowe's stomac. I ls 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.

Officers Signatur~/ Routing:

.~ . -4" Reportmgofficer forwrToVestIgatmg supervisor

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SSPD-20.1

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Reporting Officer's Narrative

(Use additionalforms ftneeessary) Type offoree used: D Physical
0606:08/03/20081805

Describe in detail all actions by the subject (by words or conduct) ~d your reaction / level of response to protect yourself / others and/or control the subject. D Canine D Chemical D Impact D Handgun E:"'Other firearm
to Caroline for Sgt Tetu calling for assistance. Officer obseNed a

- Officer responded

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 As I ran up to the Officers, the large crowd was

combative male on the ground, later identified as Daniel Rowe. starting to move closer to the Officers dealing with Rowe. own head into the street, causinq a laceration.

Rowe was thrashing

his body around and driving his

Myself, Sqt. Tetu , Officer Aroel , and Officer Baker had to and fiqhtinq with Officers.

Rhysicallv walk Rowe up to my vehicle as he was beinq combative get inln the back .. at QI tha patrol ",hiola the back saa! oycIe of my

and had tQ ba pbYSically put iQto the bookseat Atre, several wamiDgS

Bowe smded In kick at me and exil the \lhicle RO"'e . RO"'e beco",e co"'pliant enougb

to.st ~

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Rowe be",,,," Go"'ba"", ","',iog to get io tbe Gell Ro"'. ,ta<lod to figbt '''itb ottiG.",
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"""miHed agaitl5t the cell deeF causiAg aAGtheF laceFstieA.

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EMS was ceAtacted aAd Rev,'c was tFaAspeFted te tf:v _.~

Routing:

Reportmg officer forward to mvestlgatmg supervisor

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SSPD-20.1

USE OF FORCE REPORT

Narrative of:
f"'I ...

Part II -A
D Other:
>rrlli...~t i... f"rI ... ~. ,....~"~~ ,,~ D~" f

(Incident Investigation)

D Investigator
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D Witness Police Officer

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with Sgt. Tetu and officer P. Arpei. We were walking westbound ~ C::I,hi"rt who h~rl hrnkAn n~rt rlf thA was found in front of Esperanto's

on Caroline St. up the hill in an attempt to locate

rlrlrlr tri ~ "" , ThA c::"hi""t later identifled ~c:: n~niAI RrlWA Rest. Rowe was a white male approximately, 30 years of age and had a large

build. Upon aooroachno Rowe he was visiblv aaaitated and hichlv intoxicated. Prior to officers even beina able to speak 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 give him 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. The crowd was tOld to ensperse rnuple -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 Rowe became 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. Wilson had 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 4l and was connnurrq 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, aoan officers Barrett and P. Veitch had 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 and myself 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's chest area. Rowe Immediately stopped fightIng WIth officers and stated that he would not fight any more. Rowe was then transported to HQ.
,

Officers signature: Routing:

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Reporting officer forward to investigating supervisor

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SSPD-20.1

USE OF FORCE REPORT

Narrative of Investigating Supervisor:
(continue on separate sheet of paper ifnecessary)
On 3 August 2008 at approximately OFFICER A. BAKER.

Part II-B

(Incident Investigation)

Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured and its storage location. P. ARPEI and

0124 hours I was standing on Caroline Street with OFFICER

I heard the soynd of glass breaking and observed

an unknown white male wearing a He was being followed by

white shirt with blue stripes running from Gaffney's Bar up the hill towards Broadway. 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 by a large crowd of approximately him without any injury. eighty to one hundred. We

were in the middle of Caroline Street surrounded people. The size of the crowd continued I heard a male volceln

to grow. Some people in the crowd began to chant "Police Brutality, the crowd close to me yell "We can save that guy, there are only three to

Police Brutality!

cOQs, we can take him!" The crowd started to close in towards us. The crowd was given multiQle commands disQerse but did not. I advised Officer Baker and P. ArQei to use all force necessaCt to Qrotect themselves our prisoner. I called fQCII aviIble units to rel2;lond. SimultaneQusl~, hllt, spit and hite at liS Rowe cootinued to ggssivel~

and fight ' while

with I)S hy attempting to kick, grah,hand on the gral Ind

We were ahle to control his movements

MYltipls officsrs arrivsg on scsne to assist. g;;:;;:IGR ;l. Vl::GFl witA GMJI~ AG8AR ifl a :latFei \tel9iele.

OFF/CER BARRETT

with POliCE

HORSE JUPITER ang

assistee in SFswe ssntFeI ",."Ailewe ',','eFeatteFAf3tin t SeSI:IFeRewe

II I II Ilediately upon beillg lifted from ti le giOtIl Id ROQQe Qiolelltly till ashed Ids body in all Otit of conf O/ II lal II rer; We pot I lil I I 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

canage ana anve stun Rowe for comp'llance.

Officer P. rpel anve stunnea Rowe twice on AIS BacR. Rowe at Caroline Street.

conbnued to tight all the way to the patrol vehicle located on Broadway

.We attempted to place Rowe in patrol vehicle 4218 where he refused to, get in the vehicle. picking him up and setting him in the back seat. Rowe continued Rowe attempted to crawl out of the passenger , Rowe continued to fight. side of the vehicle. We used Torce by to fight by kicking and spitting at officers. Rowe was given commands to comply. Rowe

OFFICER WILSON deployed his Taser and gave his verbal warning to comply.

continued to fight. Officer Wilson deployed the Taser using the cartridge. The prongs struck and stuck on Rowe's left side of his body. transported Rowe complied long enough to close the doors to the patrol vehicle.
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Rowe was

to HQ for processing.

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Reporting supervisor's rank & sianature:

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Routing:

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

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SSPD-20.1

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USE OF FORCE REPORT

Narrative of Investigating Supervisor:
(continue on separate sheet of paper ifnecessary)

Part II B

(Incident Investigation)
I:>

Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured 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. '"
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,Reporting supervisor's rank & siznature: Routing:

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Date:

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Investigatin~rvisor

forward all associated reports to Assistant Chief fPolice (Training Unit)

Z2

Page ~

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pages

Form -

SSPD-20.1

f-

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~ .

USE OF FORCE REPORT

Training Unit Recommendations
(continue on separate page

Part III

(Training / Command Review)

if necessary)

Trainers signature:

Date:

Signature of Assistant Chief of Police:

).

Date:

Of6;o g.
Review/Recommendations
/' .!-?~< ii67\.. L "---

- '- ---

ZZZ.

by Command Supervisor:
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(continue on separate page

L'I

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if necessary) f7.?-(~rr.t'J/;.:--;/,'::0L,<-l-,11 te> _ ,

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Date:. /

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Signature of Chief of Police:

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

Command Supervisor Recommendation: check all that apply D Continue Investigation -- TOT: _=_ ~CBI-appropriate use afforce D Formal Review Board D Training deficiency noted . D Disciplinary Action D Counsel/Retrain Officer D Other: D Policy failure noted

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

--1r.. of

<jf pages

Fonn -

SSPD-20.1

"

SUPERVISORY TASER@USE REPORT

Date/Time:

g jrlv:r J.' Z i/ Co.,...., TASER Officer's Name: ~''-'"I#'-1'''''-----':'':''':::..:w.~

,I'

/JI

ft;; f "Aro.,:>-,
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E-mail: /~ n')(' . '(),~ c"Jcc. c

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Department: J2?fG iocr.

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S;')N/)

Dept Address:

Lo.l
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_ADVANCED

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C ';

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Phone: ') ~ if - I :Tl' Ci afficeres) Involved: /J L,

On Scene Supervisor:

S'o ~ . T.?~ '.J

3c pr

/0/,

(:.;,''So,~

TASERMadel (check one): ~TASERX26

TASERM26 Alkaline _
(S.S;'-i

IfanA.I?V ANCE TASER M26 Was Used, What BatteryType: _ Air Cartridge Type(s): _ TASER Serial #: 2I-ft Standard _
(2 l...{"

NiMH

21-ftXP _

IS-ft
!Id':;;
v

xcv

$~

Medical Facility: ..1re.:l "" c

u

4Doctor:
----------. . ,

Nature of the Call or Incident: Type of Subject: ./ Human

;:,)71.
v

Charges:(i-,y>'\

1~7(sO:~

Booked: ~)/N

'

l:, 'S D ,cler

_Animal

"S{s-J,,'j

/y

foncluj
Arr-p.,S,)

Location of Incident: ( ) Indoor (v(outdoor

( ) Jail ( ) Hospital ( ) Chemical ( ) Firearm _ Admitted to Hospital for Psychiatric: y Drugs (specify): _

Type of Force Used (Check all that apply): ( ) Physical ( ) Baton ( ) Impact Munition. Nature of the Injuries and Medical Treatment Required: ,Admitted to Hospital for Injuries: ~ .:
I.,

Medical ExamQ/ N

Suspect Under the influence:~

Was an officer/law enforcement e~loyee

injured other than by TASER?

Y@
Warrant Other

Incident Type (circle appropriate responsees) below): ~~ ~j Suicidal Suicide by Cop Violent Suspect
"

Barricaded

Age: 3 i

Sex:

rY)

Height::)

Race:

LJ fl

Weight:

GD

TASER use (circle One):@Failure . Number of Air Cartridges fired:

Suspect wearing heaving or loose ClOthesWN

t)

Number of cycles applied: () Laser Display Only

ZN

Usage (check one): ( ) Arc Display Only . 'TASER: Is this a dart probe contact: Y

( --trASER Application

fij)
inches

Is this a drive stun contactQ

Approxiniate target distance at the time of the dart launch: Distance between the two probes: ~

feet /N

Need for an additional shotQ

Did dart contacts penetrate the subject's skin? Y.@ Did TASER application cause injury: Y DESCRlPTION OF mJURY:

Probes removed on scene: y @

If yes, was the subject treated for the injury: y@

SUPERVISORY
Date/Time: E-mail: Dept Address:

TASER@USE REPORT

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TASER Officer's Name: Department:

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Phone;

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Involved:P-Ji. p. f-l~Pe.t

TASERModel(checkone):

l,

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P,. ve.'kh,

TASERX26 _. ADVANCED TASERM26 Alkaline _ NiMH

./ Se,ss.e.\';N\c....-..

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If an ADVANCE TASER M26 Was Used, What Battery Type: _ Air Cartridge Typees): _. 2I-ft Standard _ 21-ftXP _15-ft

TASER Serial #:'{Di) s3c('( 7 { Medical Facility: Nature of the Cail or Incident: Type of Subject:

Doctor: .Booked:&
IsLu-'\

_ IN'

.D~ Ce:;'/\.
_Anirrial

Charges: AS5;c;.i' ,;r'~ Ru."l-'\"'J Arr~s+

L Human

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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 Nature of the Injuries and Medical Treatment Required: Admitted to Hospital for Injuries:
1\

C ) Baton. ( ) Impact Munition

() Chemical e ) Firearm

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P hc.,

fi) ~

Admitted to Hospital for Psychiatric:' y (specify): _

Ic)

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Medical Exam: Y I N

Suspect U~der the inf1uence~Drugs

Was an officer/law enforcement employee injured other than by TASER? Incident Type (circle appropriate responsees) below): ~ Suicidal . .I Suicide by Cop ~nt S~~arricaded

(jI N
Warrant Other

oI z-I Age: ~ Ic '. Sex: --LL Height: Q

TASER use (circle one):"c~~Failure . Number of Air Cartridges fired:

if

Race:

U /I

"

Weight: 020 D Suspect wearing heaving or loose clothes: y

IV

_.l....(_. _

. Number of cycles applied: () Laser Display Only

_-<-1_--:-_

Usage (check one): ( ) Arc Display Only 'TASER: Is this a dart probe contact:/N

C\J TASER Application

Is this a drive stun contact: Y

rJ
l
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Approximate target distance at the time of the dart launch: Distance between the two probes:

_-"6<",,'=- __

feet

/7

inches

Need for an additional shot? Y Probes removed on scene:

Did dart contacts penetrate the subject' s skin? Did TASER application cause injury: Y DESCRIPTION OF INJURY:

fj I N

y;j}

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If yes, was the subject treated for the injury: Y IN

,
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Memo
To
..j...J Lt Quattrini
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~ ~

From Date Subject Linda,

Capt. Biss Fri, Aug 15,2008 Case 02609-08

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Capt Biss
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Can you check to see if there might be any additional witness' that saw the combative behavior and actions of Rowe during said incident. Also were any pictures taln of him or Sgt Mitchell? '

POljce+i~~,'j";'~;;~~;}~;y,enue Saratoga Spngs,.,NY r48~6-2298 ,518-584-1'800 x-526 518-584-17.44 Fax Web Site,SanatogaPoUCe,org e-mail: rrib.i~s@saratqg?police"org
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~l.Agency Sa:-otoga 7. Report Day Sun Springs 8. Date Aug 3 2008 Police

2. Division/Precinct 501 9. Report Tim 01:24 Occurred On/From: b. nCI ent NY04S0100
l

o. O8

IO. Day
Sun

SS-016531Occurred On/From: 13. Day Sun 14. Date Aug 3

II. Date Aug 3 2008

12. Time 01:24

15. Time Ol: 24 A. 14

16. Incident Type DISORDERLY CONDUCT No ..Street Name.Bldg. No.,Apt. No.)

17. Business Name GAFFNEY'S RESTAURANT 20. City.State,Zip(QIlC DT SARATOGA SPRINGS 145.05 240.20 205.30 -2 E F 3 O O A M O

18. Weapon(s) PERSONAL oV) WEAPONS 21. Location Code 4601

19. Incident Address(Street 16 CAROLINE ST

sFF!;!NOLfif! i:.i;\I;P;y,;
1 2 PL PL PL

B.
C. D.26

CRIMINAL DISORDERLY RESISTING

MISCHIEF CONDUCT ARREST

IN

-l

THE

THIRD

l l l

23. No. of Victims l

24. No. of Suspects

l
Q9YDN

26. Victim also complainant CA TETU, JASON

E.

5 LAKE

AVE

SARATOGA

SPRINGS,

NY

12866

I-----RES. (518)584-1800 I.:B:.:U'-=S RES. (518) 12866BUS

BUS

__IF.
--IG.

CV

ARPEl,

PATRICK

5 LAKE

AVE

SARATOGA

SPRINGS,

NY

12866-

S84~1800

VI

GAFFNEY'S,

BAR

16

CAROLINE

ST

SARATOGA

SPRINGS,

NY

--------~H.B
RES .. .:B:,:U:..:S RES.

WI

VANTRIN,

ERIC 28. Age .ex QgMDF OU . ace QgWhite Indian

16 OBIack Asian oOther Unk.

CAROLINE . C oHispanic Non-His

ST DUnk. anie

SARATOGA

SPRINGS,

NY

12866-

.,.--II.

27. Date of Birth

an reap

[]Yes QgNo

. est ence tatus

DResident DCommute []Tourist Milita

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

J.

00

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M
4S. Occupation

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

GAFFNEYS

04

49

1.000

WINDOW

60. Vehicle

Status

61. License Plate No

Full O Partialo

62. State

63. Exp. Yr.

64. Plate Type

6.

aue

400.00

66. Veho Yr.

67. Make

69. Style 72.TowedBy: To: __

71. Colors)

e uc e

otes

74'1222:08/03/2008

05:50

- While on foot patrol

on Caroline St. officers

were to be

standing

at the corner of Caroline St. and Maple Ave. I hear what appeared

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 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 Esperanto's. A witness from Gaffney's, ERIC VANTRIN, stated to officers
12 13

that Mr. Rowe had just punched out a window on the door to the dining room; Officers then observed the broken window on the door and attempted to place Mr. Rowe into custody. Upon officers placing
75.Inquiries(Check DDMV. Qg Crim. Histo all that apply). QgWantlWarrant S 76. NYSPIN Message No. DScofflaw Other Rank) 79. ID No 1222 82. Status DOpen DVict. Refused to Coop. DCBI O Juv. - No Custody QgClosed(ifClosed, QgArrest DArrest-Juv. PTL ARPEI DUnfounded 80. Supervisor's Signature(include 83. Status Date Aug 3 1 2008 Rank) SI. ID No 85.

their hands on Mr. Rowe he immediately

7. Complainant Signature PATRICK ARPEI

78. Reporting Officer Signature(Include

check box below). oPros. Declined DOffender Dead.

O Warrant Advised , DExtrad. Declin OUnbrown

84. NotifiediTOT

l Page

of.
2 Pages

Printed: 08/07/2008 '

,.~I------~--------am--=-----------~~----am----~--=--a. __=-__aa__
INCIDENT No.: SS-02609-08 ADDITIONAL NARRATIVE

Saratoga Springs Police Department INCIDENT REPORT (continuation page)

m.

Page
.

2 of

EB__

=-__-=

Dmma

a. __m

BLOTTER/CC No. : SS-016531-08

================================================================================ ================================================================================

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 down on the ground and his hands handcuffed. While officers were on the ground with Mr. Rowe a very large crowd started to form around officers and the same crowd began to close in on officers. Sgt. Tetu immediately radioed to dispatch that officers needed all available units to respond to Caroline St. for crowd control and because of the violent behavior of Mr. Rowe. Even upon all officers arriving on scene the crowd was still growing and it finally took police vehicles at both ends of Caroline St. along withPtl. Barret and Jupiter and PtI. 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 body in an attempt to get officer to release their grasp on him. Mr. Rowe was again placed 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 I pulled my taser and delivered a drive stun to Mr. Rowe's back ..Mr. Rowe stopped briefly and then start to slam his own forehead into the pavement on Caroline st. 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 to kick at officers .at which point I delivered a second drive stun to Mr. Rowe's stomach. This caused Mr. Rowe's legs to get weak and start to drp to the ground. Upon removing the taser from Mr. Rowe he refused to get inside 4218 and officers had to physically force 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 fight~ng. 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 atPtl.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 he continued to fight with officers. Mr. Rowe needed to be physically restrained and physically forced into the cell blocks. While officers were attempting to restrain Mr. Rowe Sgt. Mitchell sustained an injury to his left hand causing immediate pain and swelling. 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. Attached is a statement from Mr. Vantrin of ~r. Rowe breaking the glass.
================================================================================

ADDITIONAL OFFENSES(s)
================================================================================

Off # I Lawl Section ISubdiv ICL ICat IDeg I Att I 'Name af Offense ICtsl -------------------------------------------------------------------------------41PL I 195.051lA 1M I I O lOBSTRUCTING GOVERNMENTAL ADMINISTRAI 1 I SlpL I 12Q.OSI-3 ID IF I 2 I O lASSAULT IN THE SECOND DEGREE/PREVENI 1 I ------------------------~-------------------------------------------------------

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Narrative Officer Rank/Name: Department: saratoga DD Number : PTL MATTHEW R WILSON Springs Police Department

#:

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

0606:08/03/2008 04:40 - Officer secured and forms to be completed tomorrow. Signature D.O. : Sqd. Superv.:

taser prongs and cartridge.

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NY8756023N ~-No. .47499GDB6 9. Name(Last,First,Middle) ROWE DANIEL A

I- O

63107566N 6. Arrest No. SS-00575-08

Gl
;.:;".

ARREST REPORT
Springs Police

...

__

JiJil
D~partment

SS-02609-08

7.Agency Saratoga

18.
I%l

Division/Precinct ll. Phone Number ./D. riace of BUch D Foreign Non-ResNEW HAVEN, CT Unk 21. Skin ~ Light DMedium

IO. Alias/Maiden

Name(Last,First,Middle) V~)

12. Street Number and Name, Building No.,Apt.No. 16. Date of Birth 17. Age 31 O

/13.

~ity ~S~~te,Zip

(CO

TO

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fI4: ReslOence
Non-Resident

Resident.

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22. Height 509 3~S_NO.

/23. Weight

~~

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LI..

~9I.1'!. J- R

37. Arresting Officer ARPEI

18. Sex r /19. R~ce ~ White O BlackO Asian /20. Ethnie ~ Non Hispanie ~M OF O U OIndwn O Other O Unkown OHispanic O Unknown ODark DOther OUnknown 24. Hair 25. Eyes /:~. Glasses Build d/:Il Mantal Status D COmIn awW. U.S. Citizen 30. Citizen Of L O Yes Small 129 Med D Married ~ Single I Separated Yes D No BRO BLU IRINa OContacts Large I n Divorcedn Widowed Unk Unknown 32. Education 133. Religion 34. Occupation /35. Employed /36. Scars/MarkslTattoos(Describe) 16 ATHEIST DYes ~No LFT CALF-AMERICAN FLAG /38. m NO./39. Assisting Officer /40. m NO./41. Arrest Date /,42. Time /43. Location of Arrest (C Qg TO VO) 1222 TETU 2762 08/03/2008 01:24 CAROLINE ST SARATOGA SPRINGS

R:'

Juverule 14:J:-GondIlion ot Detendant At7\ITest 46. Weapon(s) at Arrest JUV-~oFulherProcess D Impaired Drugs O MentalDisD AppNorm Yes No jj Impaired Alco n InimI

47. Co-defendants

Arrest No.

48. Miranda /49. Miranda By ISO.MIranda Date 5l.Mir. Time / g. St~tements Status. 54. Search Warrant frocedure . . OWntten O None OBalVROR Lme Up 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. Disposition CITY COURT MILLS 08/05/2008 09:00 DYes ~No DYes ~No 63. Arrestee Status 62. Incident No. 64. Bail Amount 65. Bondsman 66. Photo No. D ROR D PoliceBail ~ Held SS-016531-08 I n CashBail = BailBond n Appn rr Fi ReIto 3rdParty 67. Arrest Type 68. Warrant No. /69. Arrest FOA 70. Other Agency 71. F/PlTaken DpwDrw OSUM~CIP DCOM!' DYes ~No InopnFc nVOPnBW AW nOT ~Yes DNa n.Location ofOfiense (COTOVO) 73.0ffense Date /74. #Offn'drs T75. # Viet. 76. Return Court 16 CAROLINEST /77. Return Judge r8. Return Date /79. Time 08/03/2008 2 CITY COURT SARATOGA SPRINGS NY SARATOGA MILLS 08/05/2008 09:00 SO. Defendant/Case TOT Agency ~o,. Officer's Nom, 80b. mNo

/53.

/R.)!)

/81

O wj:

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PL PL PL PL PL 145.05 240.20 2'05.30 195.05 120.05 -2 -l E F I A A D M M F 2 3

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NO

82 D,to

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N N N N
N

CRIM MISCHIEF

2 5 4
5

9 3 8 O 3

9 l O 9 9

9 l l 9 9

S~ -O
Uu.

g:g .
t#; OTH A.PP UTT OTH A.PP
UTT OTH

DISORDERLY CaND RESISTING ARREST

NO NO NO
NO

:;

-3

OBST GOVR ADMIN 2 ASSAULT 2

APP

g:J{

84. Person Type

OT=Other

SP = Spouse

~ OTH CD = Co - Defendant

se = School

PO = Parole Officer

VI=Victim

RE = Relative

RP = Religious Person
.

~S
"-1 -

CA CV VI WI

TETU, JASON ARPEI, PATRICK GAFFNEY'S,BAR VANTRIN,ERIC

5 LAXE AVE 5 LAXE AVE 16 CAROLINE ST 16 CAROLINE ST

SARATOGA SPRINGS,NY SARATOGA SPRINGS,NY

12866 12866-

(518) 584-1800 (518) 584-1800

:5=
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-LLo

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85

c..!;:

SARATOGA SPRINGS ,NY 12866SARATOGA SPRINGS, NY 12866-

<C

3037:08/03/2008 1839:08/06/2008

12:19 11:21

4rraigned 08/03/2008 at 12:00 hrs. Adj. to 8/12/08.

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86. Arresting Officer's Signature

I87.ID No. 1222 PTL

ARPEI .191.

~s.SupervIsors
92.

:SIgnature

89. IONo.

94. of

90. AlTest lvlade as a Result of A SAFIS Latent Print identification? DYes DNa DUnknown

93.

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

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

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

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

IIIIIIIIIIIIIIIIII
I~NI) ()I~ .. S(~l'N SI~(~l'I()N
,

IIIIIIIIIIIIIIIIII

USE OF FORCE REPORT

Dat of occurrence: 4/.1/2009 Incident Location: Caroline St. Name of suspect: Shawn Shannon Address: - ~,~-~~-Reporting Officer: PtI. P. Ar ei Witness Name
D;M8f!..P..

Part I
Case# SS-00934-09

(Reporting officer incident report) Control #

Blt# SS-007306-09

Arrest # SS-00271-09

.1M -07
Sex: M

DaB:
"_ ,.{

Race: WH telephone #

_._-

__

ID# 1222 Witness address

.ADfJr-~,

Assignment/,. . Patrol / TelephorIe #

Other O(ficers at scene PtI. S. O'leary PtI. Braim . PtI. French

ID# 2477 0992

O(ficer injured before or after/orce?

briefly describe injury

3041 Describe suspect injuries prior to and after force was used:

Did suspect require medical treatment? Name of attending medical providers

Wo

D~s

Medical treatment D EMS roviders: D Hos ital Address of medical treatment provider

D Other - (add in narrative) Phone#

Suspect taken to Hospital D Admitted Hos 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:--"-'-;;.;;...-, treatment _ (see below) D Refused D ~ad been drinking mntoxicated by alcoholic beverage I-L-isI-n-v-es-t-ig-a-to-r(-s-) -t -as-s-ig-n-e-:-d,~i-:-f-an-y-:---' influence of drugs D Under D EmotionallylMentally disturbed D Other (explain in narrative) D Other - (describe in narrative)

signature of witness to refusal

13"Photo's D Diagram On scene GI"Statements D Other /" supervisor(s):S t. Crooks, S t. Mitchell Was suspect arrested? 12(Yes Investigating supervisor(s) assigned: (attach co arrest re ort) D N:9~""'---'"\ Reporting o.~e~igna~~-.. ) . Approved by:

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Page _1_ of _2_ Pap Form -

SSPD-20.1

.. ".

Reporting Officer's Narrative

(Use additional forms if necessary) D Physical Type afforce used: 1222:04/01/2009

I Describe in detail all actionsby the subject (by words or conduct) a~dyour reaction
/ level of responseto protect yourself / others and/or control the subject. D Canine D Chemical D Impact DHandgun D Other firearm.

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 aggnvat@db@caus@ b@Ii@II@d EMS was not responding and h@b@cam@ he that 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 at Wllictl point I warned 5118wrl

hts baCK.5118wrl5118rlli0r1refused to compl)1wtn all of tile officers corrmarrds

Snannon tat me taser woula l5e aeployea 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 was celled pending arraignment.

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Page_2_

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SSPD-20.1

-aSE OF FORCE REPORT

Narrative of:
D Investigator ?\VitnessPolice Officer

Part II -A
D Other:

(Incident Investigation)

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 aDDeared to be ver as he now looked acted and socke normallv. Shawn
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USE OF FORCE REPORT

Narrative of:
D Investigator
GYW'itness Police Officer
Officer was dispatched subjects were separated. to the area of Clancys for a report in progress. Officers were checking all subjects

Part II-A
D Other:

(Incident Investigation)

By the time I arrived the fight was over and later

for warrants when I noticed one of the subjects,

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 approached Shannon but Shannon continued to veil and use profanities toward the other subject. Officer French to swear. After

and told him to sit down or he would be arrested. He sat down but continued
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Fonn -

SSPD-20.1

USE OF FORCE REPORT

Narrative of:
D Investigator lEfWitness Police Officer Officers were dispatched to a fight in progress in front of Clancy's.

Part If. -A
DOther:

(Incident Investigation)

Upon arrival, reporting officer observed as ADAM DUNBAR,

officers CARL

breaking up a fight between the subjects. FUSCO and CHRISTOPHER

There were three subjects (later identified

l YO ECKER.) standing on the north side of Caroline Street. There were two
(now known to me as his ID. Both Shawn At I

subjects sitting in chairs on the south side of Caroline Street in front of It's Confidential SHAWN SHANNON Shannon and JOHN SHANNON). I approached

Shawn Shannon and requested

and John Shannon were velline profanitv toward officers and the three subiects across the street.

ane point Shawn Shannon veiled "l'rn colno to fuckina sue vou mother fuckers" at Dunbar Itnlcl
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I Date: 4ff Ioc

SSPD-20.1

Routing:

Reporting officer forward to investigating supervisor

Page _~ _ of

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Fonn -

"

USE OF FORCE REPORT

Narrative of:
D Investigator ~ Witness Police Officer

Part Il -A
D Other:

(Incident Investigation)

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
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SSPD-20.1

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Form -

USE OF FORCE REPORT

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Reportmg officer forward to mvestIgatmg supervisor

Form -

SSPD-20.1
Page

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Narrative of Investigating Supervisor:"

(continue on separate sheet of paper ifnecessary)

-.:!:.P~a~rt:.:I~I~-B::.:...~(I~nc::id~e~nt~In~v~es~ti~ga~ti~o Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured and its storage location.

I responded to the area of Clancy's bar on Caroline Street for a report of a fight in progress. I was the first Officer on scene. Upon my arrival the subjects were separated and standing on the sidewalk on the opposite sides of Caroline Street. Upon exiting my patrol car the 5 subjects involved started to come together in the center of the street 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 and Christopher Lydecker were standing on the sidewalk in front of Union Coachwerks. At this time other officers began arriving. During the investigation the Shannon brothers started yelling obscenities and attempted to cross the 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. I was standing next to Clancy's interviewing Craig Olsen a witness to the original incident when I heard the Shannon brothers yelling again that they would "kick their asses". This action was causing passer by's to stop and a crowd to gather. I could hear Officers advising them to quiet down and stop yelling. I heard Officer S.O'Leary advise Shawn Shannon that he was under arrest and then I heard a struggle. I turned to approach and assist Officer O'Leary. Officer O'Leary was attempting to handcuff Shawn Shannon who was resisting and refusing to place his hands behind his back. I observed one handcuff on Shawn Shannon's left wrist but the officers were unable to get his right arm behind his back. I then heard Officer P.Arpei advise Shawn Shannon that if he did not put his arms behind his back that the would be tased. Shawn Shannon refused to comply and was 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 beng arrested and grabbed the leg of one of the Police Officers effecting the arrest. John then pretended to pass out while his eyes were closed he removed his cell phone from his belt and called his mother who I spoke to on his cell phone. At this time the Fire department and EMS personnel were on the scene. Officer Braim secured the taser cartridge doors and some ID tags and turned them over to me. I then responded to the station. Officer Arpei had lready secured photo's of the taser impact site and secured the taser cartridge as evidence. The cartridge was turned over to me by Officer Arpel and both the Cartridge and ID tags were secured in Locker # 1. I do~nloaded the the photo's of the taser impact site to CD and Officer Arpei secured the CD in locker#2.

Reporting supervisor's rank & signature:) Routing: Form -

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Date:

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

SSPD-20.1
Page __ of __ pages

USE OF FORCE REPORT

Narrative of Investigating Supervisor:
(continue on separate sheet of paper ifnecessary)

(Incident Investigation) Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured and its storage location.

Part II-B

Officers responded to the area of Clancy's bar for a report of a fight in progress. Upon arrival, Sgt. Crooks was already on scene, and had separated all parties involved. While interviewing the parties, individuals later identified as (susp)Shawn Shannon, and (susp)John Shannon became belligerent. Officers advised them to quiet down while the investigation was being conducted. S. Shannon failed to listen and continued to yell and scream at 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 was able to get pne handcuff on him, but he refused to give the arresting officers his other arm. Shannon continued to resist and was told that he would be tased if he didn't comply. Shannon continued to resist, and PtI. Arpei deployed one five-second cycle from the taser into Shannon's lower back. After the five-second cycle, Shannon gave officers his arm, and officers were able to place him in custody without any further problems. Shannon was transported 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 taser prongs were removed and secured from Shannon, and photos were taken. No medial attention was needed for S. Shannon.

Reporting supervisor's rank & siznature: Routing:

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I ! Investigating superflisar forward all associated reports to Assistant Chief of Police (Trai~g Unit)

Form -

SSPD-20.1
Page __ of __ pages

,.

,/

,
1

USE OF FORCE REPORT

Training Unit Recommendations

Part III
.-

(Training / Command Review)

(continue on separate page ifnecessary)

Trainers signature:

Date:

Signature of Assistant Chief of Police:

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Date:

~~ ReviewlRecommendations
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by Command Supervisor:

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Signature of Chief of Police:

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POLICE DEP

Command Supervisor Recommendation: check all that apply D Continue Investigation -- TOT: _-:=~CBI-appropriate use afforce D Formal Review Board D Training deficiency noted D Disciplinary Action D Counsel/Retrain Officer D Other: D Policy failure noted

Final Disposition: check all that apply f Closed by Investigation / appropriate force used ti General training deficiency identified / addressed D Officer was counseled and retrained . -D Disciplinary action has been commenced o-Other:

Routing: Training Unit; to Command Level Supervisor; to Chief of Police. Page __ of __ pages Form -

SSPD-20.1

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Date/Time: On Scene Supervisor:

Taser Officer's Name:

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Officer(s) Involved: _P_t_1. _O_'I_e_ary_, _B_ra_im_, _P_tl_o _P_tl._F_r_e_n_ch_ Taser Serial #:

Air Cartridge Type(s): __ Location of Incident:

----~-----------OHospitai

XOO-424226

0'utdoor

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Incident Type (check appropriate ~I Disturbance D Suicidal

response(s) below): ~ent Suspect DBarricaded DWarrant DOther: _ _ Resisting Arrest

DSuicide by Cop

Nature ofthe Call or Incident: Charges: Type of Subject: If Human: Age: ~man

------D-is-p-u-t-e--Disorderly Conduct,

DAnimai Sex: OM OVes ~' OF Height:

21

6~0

Race:_W_H_

Weight: OVes

_1_60_

Admitted to Hospital for Injuries: Medical Exam: OVes Medical Facility: Was an officer/law enforcement DFailure 1 ~

Admitted to Hospital for Psychiatric: Alcohol/Drugs (specify): __ ~ ~ ~~se 1

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SuspectUnder the influence: -'_

Alcohol ___,_------~

Doctor:

employee injured other than by Taser? : OVes Suspect wearing: D

Taser use: r:(s~ccess Numberof

heavy clothes

clothes

cartridges fired:

Number of cycles applied: ~s DNa

, For Taser Applications:

Was this a probe dePlo~~ent?

Was this a drive stun deployment? 7 feet

OVes

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Approximate target distance at the time of the probe deployment: Approximate distance between the probes: __ Did probes penetrate the subject's skin? ~ Did Taser application cause injury? OVes Description of injury: Q'No

1_0 __
D,No

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Need for an additional deployment? [2JNo

OVes

Probes removed on scene? OVes

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1~~rN'o

Did the device respond satisfactorily? used? DYes

~.

DNa

If the Taser deployment

was unsuccessful, was a drive stun follow-up

B~
"~,,
.

Describe the subject's demeanor after the device was used or displayed'
" 11.

. with

"ffi,.,,,,.,,,

",ftor tho t~""r

"""I~
--:I

. thrnllnhn,',t tho

,,~~

. nf tha ::lm~~t

Were other means attempted to control the sUbject?B~'

De Spray: OVes

DNa

If yes, what types? (Check or list other below)

//
DNo Baton: OVes DNa DNo Authorized control techniques: by: .,!..?T..l.'7""!'(~,---,)L.;?":'"
.....L.A.;w.

IZIVes DNo
1;."c2:;,-~:.... .'

Other:

lh_....

/A

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_

"keA.

Photographs Taken: ~s

ReportCompleted

ADDITIONAL

INFORMA TIaN

NOTICE:

KNOWINGLY MAKING A FALSE STATEMENT HEREIN IS PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 21 0.45 OF THE NEW YORK STATE PENAL LAW.

VOLUNTARY STATEMENT
STATE OF NEW YORK: COUNTY OF SARATOGA: CITY OF SARATOGA SPRINGS: Page#1 Time: 01: 15 AM Date: 04/01/2009

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 voluntary and of my own :free will to PTL S. Reside. I have not been promised anything in return for making this statement. I have been advised by PTL S. Reside that this statement may be used in a Court of Law at some future date.

Statement:
I was at Clancy's and saw Shawn Shannon and John Shannon get ejected from the bar. They carne back into the bar and Marley the bartender asked Chris Lydeeker to escort them out. Shawn punched Chris in the face and broke his glasses. Both Shawn and John jumped Chris and-I helped Chris. Chris tossed Shawn and John out of the bar. Outside the bar, John punched me in the face and ripped my new leather jacket that I bought last week for $135.00; Both Shawn and John jumped me, punched me and then the cops carne. Shawn and John crossed Caroline 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 he would be tasered. Shawn kept fighting with the cops and then he got tased. After Shawn was tased he was handcuffed.

I do solemnly swear upon my oath that the statement I am about to Sign is the Truth, the whole Truth arid nothing but the Truth, so help me God. .
(Signature)

(Witness)

(Witness)

Subscribed and sworn to before me This Monday, April 06, 2009 day of

--',

(Notary Public)

(Commissioner of Deeds)

. NOTICE:

KivOWINGLY kIAXING A FALSE STATElvENT HEREI;N, IS PUNISHABLE AS A CLASS A ]rIIS])EJlJEANOR PURSUANT TO SECTION 21 0.45 OF THE NEW YORK STATE PE1VAJ
J

LAW,

VOLUNTARY STATEMENT
STATE
OF NEW

YORK:
Page #1
,

Date:

c.:-

(_.c.1 c
".--'

COUNTY OF SARATOGA: CITY OF SRATOG.A, SpRJ]{GS:

Time: Li I .' I S

"

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do swear upon my oath and say that I am j

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, and that Iam (employed) (reside) at ----. I make this following statement. voluntary and of my own fre
-

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NOTICE:

KNOWINGLY MAKING A FALSE STATEMENT HEREIN IS PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 21 0.45 OF THE NEW YORK STATE PENAL LAW.

VOLUNTARY STATEMENT
STATE 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 voluntary and of my own free will to PTL S. Reside. I have not been promised anything in return for making this statement. I have been advised by PTL S. Reside that this statement may be used in a Court of Law at some future date.

Statement:
I was in Clancy's when Shawn Shannon and John Shannon were ejected from the bar. After Shawn and John came 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 told several times to stop fighting or he would be tasered. Shawn didn't stop fighting and then he was tased and handcuffed.

I do solemnly swear upon my oath that the statement I am about to Sign is the Truth, the whole Truth and nothing but the Truth, so help me God.
(Signature)

(Witness)

(Witness)

. Subscribed and sworn to before me This Monday, April 06, 2009 day of

:,

(Notary ,

Public)

(Commissioner of Deeds)

L.- \./

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Z>~

CI

NOTTeE:

j[lvOWLiVGLY lYfAKING A FALSE STATE1vIENT HEREm IS PUNISHABLE AS A cuss A.JvIISDE1/fEANORJ PURSUANT TO SECTION 21 0.45 OF THE NEW YOIUI STATE PE1VA. LAW,

VOLUNTARY STATEMENT
STATE OF NEW

Yoss:
Page #1
,

Date:

t{ - (

'-Ci

'1
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COUNTY OF SAllATOGA: CITY OF SARA'TOGA SpU1YGS: Time:

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NOTICE:

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VOLUNTRY STATEMENT
STATE OF NEW YORK: COUNTY OF SARATOGA:

Date: _C_)4_~_I__I/_~_9_' --

CITY
I, .

OF SARATOGA SPRJNGS:

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5. FBI No ..
9. Name(Last,First,Middle) SHANNON SHAWN M

Il
6. Arrest No. 55-00271-09 7. Agency Saratoga

AR~S:REPORT
Springs Poke 10. Alias/Maiden

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f~artment

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16. Date of Birth 22. Height :23.Weight 600 160 31. Social Security No.

17. Age 21 24. Hair BRO

18. Sex

119. Race

l! White

D Black

D Asian

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Name(Last,First,Middle)

11.Phone Number

T D Vj)
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20. Ethnic

114 1 .~.I~slaence 1J15.'face of Birtn I2SJesident R D Foreign Non-Res I F Non-Resident n Unk Non Hispanic 21. Skin D Light I Medium .

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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, SHA~VN 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 using profanities. Shawn Shannon would times to be quiet and refrain from yelling and quiet down temporarily and then start to yell

again at officers. Shawn Shannon was again told to cease from yelling profanities or he would be arrested. While speaking with Shawn his brother John Shannon started to shake and convulse and appeared to be having,a seizure. Officers immediately requested EMS to respond to attend to John Shannon. Shawn Shannon began to grow more aggravated because he believed that EMS was not responding and he became more aggravated with the response time of EMS. Shawn Shannon again started to yell and swea r at officers. At that point officer attempted to place Shawn Shannon into custody. Wh.en officers attempted to grab Shawn Shannon I felt someone grab the lower portion of my right leg and 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 already on the ground in the vicinity of where I was standing. When officers attempted to garb Shawn Shannon he immediately became physically combative with officers and needed to 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 his back ..Shawn Shannon refused to comply with all of the officers commands at which point I warned Shawn Shannon that the taser wou.Ld be deployed if he did not comply. Shawn Shannon 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 over Shawn Shannon was able to be placed into custody and transported to HQ where he was celled pending arraignment. Signature
D. O. :

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9. Report Tim Occurred OnlFrom: 2008 22: 25

~lw~FP~!fi$'l'~;Q$ii!W 5 010 O NY04

IO. Day Sat 11. Date Jul 19 2008 12. Time 22: 34

DSupp Occurred On/From:

SS-02372-08 14. Date Jul

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SS-015063-08 15. Time 22:34 A. _.

8. Date Jul 19

13. Day
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17. Business Name PERSON NO.,Street Name.Bldg, No .Apt No.) CLANCY'S TAVERN 20. City,State,Zip(QlC SARATOGA lMi!SEGffiINit 'jMS:F1tS,~l~ t@fig%ll\ 240.20 -6 O DISORDERLY CONDUCT DT

18. Weapon(s) DOES DV) SPRINGS NOT APPLY 21. Location Code 4601 B.77

,ident Address(Street CAROLINE ST

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23. No. of Victims C.77 24. No. of Suspects D.47

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26. Victim also complainant

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ON

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EMANATIAN,

LAURA

SLAKEAVE

SARATOGA

SPRINGS,

NY ~2866

BUS RES. (518) 584-1800

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BOZONY,

JAMES

RICHARD

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PRESTIGIACOMO, 28. Age

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27. Date of Birth

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3038: 07/19/2008 22:25 - OFF WITH INTOXICATED MALE 3038:07/19/2008 22:30 - 4224 REQUESTING ADDITIONAL 3038:07/19/2008 22:34 - ONE EN CUSTODY

UNITS

1--------------------~----------=-----------------------------------------------------------------~iI
highly 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 and he told him that he couldn't because he was too intoxicated. Cummins then
75.Inquiries(Check DDMV. D Crim. Histo all that apply). DWantIWarrant DScoIDaw Other 76. NYSPIN Message No.

0886:07/19/2008 23:32 - Officer was on patrol on Caroline St when I observed the bouncer at Clancy's telling a white male to leave. The white male was later identified as Joshua W. Cummins. I asked Cummins to speak with me and he was

12

7. Complainant Signature

LAURA

EMANATIAN

78. Reporting Officer Signature(Include

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Rank)

79. ID No 0833 PTL DPros.

80. Supervisor's Signature(include EMANATIAN' OUnfounded 83. Status Date Advised Declin OUnknown Jul 19

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check box below). Declined Dead. Daffender

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2008

INCIDENT REPORT (continuation INC IDEm No.:

page) BLOTTER/CC No.:

SS-02372-08 SS-015063-08

=====================================================

==~=======================

ADDIT.IONAL NARRATIVE ================================================================================

struck him in the left eye leaving .a small red mark. The bouncer then struck him back and r arrived shortly thereafter. r then spoke with several witnesses involved and they stated that Cummins never went into the bar, he was causing a problem outside. r then spoke with Cummins and asked him where he lived. He told me he lived where he slept and would not give a street address.r asked him 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 to stayin the downtown area and that he needed to go hrne. r then gave him his identification back and he refused to leave the area. He said. the police were picking 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 then attempteq 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 stunnd several times by the taser before complying. He was placed into custody and 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 were transporting 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 with hobbles. He was then hobbled and transported. While at county, Cummins banged his head on the Fire Hose Box and continued to cause a problem for police and corrections officers.

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Case Number.: SS-02372-08 Blotter/CC #: SS-015063-08

0886:07/19/2008 22:54 - Officer standing by as PO Emanatian and Prestigiacomo were attempting to speak with the subject who was combative and uncooperative. Officers advised the subject he was under arrest and he immediately began to resist, I advised him he would be .tazed if he continued to resist he then punched Officer Presitgiacomo twice 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 and arms underneath him. Officer attempted to cuff him but could not; I again warned him but he did not comply, I drive stunned him again he released one arm I again warned him and he complied and gave Officers his other arm. Subject was taken into custody. Signature D.O. :

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SUPERVISORY TASER@USE REPORT

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( ) Jail ( ) Hospital () Chemical ( ) Firearm _ Admitted to Hospital for Psychiatric: y

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TASER Information Serial # Model # X26 Software Version Dataport CD Version Record Date Range Computer Time Zone Using Daylight Savings Time X26 Warranty Date XOO-334245 X26

Downloaded By Name Dept Rank Windows Version Report Generated Joseph Carey Officer Police Microsojt Windows NT(TM) Service Pack 4 08/13/0807:13:02 (local)

21
16.0 07/18/2008 07/21/2008 Eastern Standard . Time

Yes
12/23/08 State: Active

Recorded Firing Data Seq 0001 0002 0003 0004 0005 0006 GMT Time 07/18/0804:20:04 07/19/0808::53 07/20/0802:27:53 07/20/0802:28:07 07/20/0802:28:25 07/21/08 19:49:13 Local Time 07/18/0800:20:04 07/19/0804:17:53 07/19/0822:27:53 07/19/0822:28:07 07/19/0822:28:25 07/21/08 15:49:13 Duration 1 1 5 12 3 1 Temp 26 27 28 30 30 24 Battery 84 84 84 84 83 83

Recorded X26 Time Changes Seq End of Report. GMT Time Local Time Change Type

aboutblank

8/i3/2008

//////////////////
I~NI) ()I~ S(;ilN SI~(;l'I()N .. .. . .

//////////////////

,.,

-USE OF FORCE REPORT

Date af occurrence: Incident

6/18/2009 St.

Time:

Blt#

Part I
Case#

(Reporting officer incident report)

I Arrest#

1:45 am

SS-014043-09

SS-O1808-09

SS-00575-09

I Control #

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Location: Church Name of suspect:

'---

Scott J. Erickson
Address.
.,

. l DOB:

PtI. P. Arpei
Witness address

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Reporting Officer:
Witness Name

I ID #

1222

I~~:

I~x:

Assignment:

Patrol
Telel1hone #

Other Officers a t scene

ID#

PtI. Sesselman PtI. Davis PtI. Callahan

Officer injured

before or after force?

briefl:\:: describe injun:

2872 1229 1889

Describe suspect injuries prior to and after force was used: Did suspect require medical treatment? DYES ~NO

t-J lI,J
OEMS OHospital Dather (add below)

Medical treatment providers:

Name olattending

medical T!.roviders

Address olmedical treatment l!..rovider

Phone #

Hospital acton.- DAdmitted DTreated & Released DRefused treatment DOther (describe in narrative) Suspect's condition at time of force: DAppeared normal 12 Had been drinking ~Intoxicated by alcoholic beverage DUnder influence of drugs DEmotionalIy/MentaIly disturbed Dather (explain in narrative) Investigator's assigned: [gJPhotos taken DStatements taken

Suspect taken to Hospital by:

Jf yes, attach copy arrest report

Reporting. Sig~

Was suspect arrested? IZlYe, DNo

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Page_l_ of ~ pages

Reporting Officer's Narrative

Describe 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 maxmum 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 whchh 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
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SSPD-20.1 ,
Page ~ of ~ pages

" vhcle. 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 French. Mr. Erickson was processed and celled pending arraignment. Mr; Erickson is approximatley 6'4" and weighs approximatley 240 lbs. Mr. Erickson was highly were secured by PtI.

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 .
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Narrative of: DInvestigator ~Witness Poliee Officer DOther: __

Part II-A

(Incident Investigation)

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 fr 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 vehiIe 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

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SSPD-20.1
Page __, of ~ pages

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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: Routing: Reporting officer fi rward to investigating supervisor

Date:

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SSPD-20.1
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'".

USE OF FORCE REPORT

Narrative of: DInvestigator gWitnessPolice Officer DOther:

Part II-A

(Incident Investigation)

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 beer on rear seat near a tan duffel bag. Reporting

vehicle and observed a open case(30 pack)ofBudweiser

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 property(bankbook later downloaded photos onto CD. Reporting Officer notice

and pen)in Erickson's front pocket,Erickson

stated "HE WAS AN ASSHOLE

EARLIER,BUT HAS CALMED DOWN.

Form -

Reporting Officer and Officer Callahan celled Erickson

SSPD-20.1
, Page __ 01__ pages

cell#2 after fingerprinted. Officer P.Arpei placed taser blast doors and cartridge into evidence bag.bag secured in evidence locker#3

Officer's Signa~ture~./ -,

Cl

_-~

.Date:

oCjclu/~

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Routing:

Reporting officer forward to investigating supervisor

07/&/09

).

Form -

SSPD-20.1
--- - -----_.---- --------.-Prrge-~ol~ pages
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~ /-f1arr/ativeof: .

6F FORCE REPORT
OInvestigator [glWitness Police Officer DOther: _

Part II-

(IncidentInvestigation)

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 offier@

Officer' s s~gnature: 1

It
Routing:

e .
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,
'fforward to investigating supervisor

Date:

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,/FFORCE REPORT

Part II-B

(Incident Investigation)

tIi

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.

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.:compliantmanner, 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. require any medical treatment. Erickson did not

Offi

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a re:
~ ~

Date: /
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Routing:

Investigating supervisor to Commanding Lieutenant; to Assistant Chief of Police

F~rm-

SSPD-20.1

Page --'-

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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-.+
. Routing:

/t------"2-

il Jo

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Investigating supervisor to CommandingLieutenant; to Assistant Chief of Police

Form -

SSPD-20.1
Page

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OF FORCE REPORT
(continue on separate page ifnecessary)

Part III

(Training/ CommandReview)

-' Training Unit Recommendations

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Command Supervisor Recommendation: check all that apply Oontinue Investigation-- TOT: ~.cBI-appropriate use offorce DFormal ReviewBoard /OTrainingdeficiency noted DDisciplinary Action OCounsel/ RetrainOfficer DOther: OPolicy failurenoted

Final Disposition: check all that apply g]Closed by Investigation/ appropriateforceused DGeneral training deficiencyidentified/ addressed DOfficer was counseled andretrained DDisciplinary action has been commenced DOther:

Form -

SSPD-20.1
Page __

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SUPERV~SORYlASER X2 USE REPORT

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Date/Time: 6118/2009Toser Officer's Name: PtI. P. Arpei On Scene Supervisor: Sgt. Crooks; Sgt. Mitchell Callahan Air Cartridge Type(s): __ Location of Incident: 25-ft XP Officer(s) Involved: PtI. Sesselman, PtI. Davis, PtI.

Toser Serial #: XOO-424240 ~Outdoor OJail OHospitai

DIndoor .

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 arrest Type of Subject: ~Human If Human:

DAnimai OF Height: 6'4". ~No Race: WH Weight: 240lbs D

'-"

Age: 35

Sex: ~M

Admitted to Hospital for Injuries: DYes Yes ~No Medical Exam: DYes ~NoSuspect

Admitted to Hospital for Psychiatric:

Under the influence:

Alcohol/Drugs

(specify):

Medical Facility: __ Was an officer/law

Doctor: __ ~No ~ loose

enforcement employee injured other than by Toser? : DYes DFailure

Toser:use: ~Success clothes

Suspect wearing: D heavy clothes

Number of cartridges fired: l

Number of cycles applied: ~Yes

l DNa Was this a drive stun

ForToser Applications: Was this a probe deployment? deployment? DYes ~No

Approximate target distance at the time of the probe deployment: Approximate distance between the probes: 1-inches Yes ~No Did probes penetrate the subject's skin? ~Yes Did Toser application Yes DNa Description of injury: cause injury? DYes DNa

lQJeet D

Need for an additional deployment?

Probes removed on scene? DYes

~No

C8JNo

If yes, was the subject treated for the injury? D

"

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APPLICATION AREAS
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SYNOPSIS: Subject attempted to walk away from officers after being advised he was under arrest and then refused to be placed in the rear of 4216, removed himself froim the vehicle and attempted to become physically aggressive with officers . . Need for additional applications? No DYes IZINo Did the device respond satisfactorily? IZIYes D

If the Toser deployment 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 compliant and the arrest was effected without further incident

Were other means attempted or list other below)

to control the subject? DYes

!XINo

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

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TASER Information Serial # Ivrodel # X26 Software Version Dataport XOO-424240 X26

Downloaded By Name Dept Rank Windows Version Report Generated Robert Jillson Saratoga Springs PD Lieutenant lvlicrosojt Windows NT(1M) Service Pack 3 06/22/0910:01:50 (local)

21
16.0 06/17/2009 06/19/2009 Eastern Standard Time Yes

CD Version

Record Date Range Computer Time Zone Using Daylight Savings Time X26 Warranty Date

10/30/09 State: Active

Recorded Firing Data Seq 0001 0002 0003 0004 0005 0006 0007 GMT Time 06/17/0911:56:11 06/18/0906:00:57 06/18/0920:32:53 06/18/0920:32:55 06/19/0904:10:59 06/19/0911:53:16 06/20/0902:00:22 Local Time
06/17/09 07:56: 11 06118/0902:00:57 06118/09 16:32:53

Duration 1 5 1 1 1 1 l

Temp 24 24 24 24 26 27 22

Battery 93 93 92 92 92 92 92

06/18/09 16:32:55
06119/0900:10:59

06/19/09 07:53: 16 06/19/0922:00:22

Recorded X26 Time Changes

End of Report.

Seq

GMT Time Local Time Change Type

about.blank
6/22/2009 .

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03: 53 - While

on patrol

in

marked

uni t

4216 I

observed

a red

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.~'.I--v-e-h--~ _c_l_e_a_n_d--=p=-r_o_c_e_e_d v_e __ t_o_dr_~_' __w_e_s:--t_. __ r_c_h_S_t_._Wh_~_" _o_n_C_h u _l_e_b_e_h_i_n_d_t_h_e_v_e_h_~_' _c_l_e...;.,:...._N_Y_RE_G_. EHR 9114, I observed the vehicle cross the double solid lines on two occasions ~

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and proceed to emergency lights Dr. Upon exiting

drive westbound in the eastbound travel and conducted a vehicle stop on Church my patrol vehicle I made contact with

lane.' I activated my st. just west of lHlen the operator SCOTT

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L.J

ERICKSON. While speaking wi th Mr. Erickson I observed glassy bloodshot eyes, ~ r-~s:-l: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
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PATRICK ARPE!

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use cover 85.

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D WarrantAdvised DE"irad. Declin DUnknown Jun 18 2 O O9

84.NotifiedlTOT

----4

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~'=-~<======~=====================-=m=========m=-__============~==~=====================--==-=-==~ INCIDENT No.: SS-01808-09

BLOTTER/CC
,

NO.:SS-014043-0Q

========================--,-====================================================
ADDITIONAL NlL~TIVE

================================================================================
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 maximum deviation as well as nystagmus onset prior to 45 degrees. The next test administered was the walk and turn. I asked Mr. Erickson i'f he had an physical problems wi th his feet, ankles knees or hips to which he 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 h~s 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 instrcted 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 vehicle which he ignored. Mr. Erickson exited the vehicle and immediately closed the distanc~ between himself and PtI. Davis and PtI. Callahan. Mr. Erickson was instructed to back away and get back into the vehicle. Mr. Erickson ref~sed 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 #10. 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 HQ 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 HQ 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.

================================================================================
ADDITIO~~ OFFENSES(s)

================================================================================
Off # ILawl Sectionl Subdivl CLICat IDeglAtt I Name af Offense ICtsl -------------------------------------------------------------------------------51VTL I 11921-2 61PL I 2 05.3 01lA 1M I lA 1M, I I a IDRIVING WITH BAC MORE THAN .08 I O IREST STING ARREST I 1 I I 1 I

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Rank/Name:

PTL CHRISTOPHER Springs ~ Police

H CALLAHAN Department Case Nu,mber. : SS-01808-09 Blotter/CC #: SS-014043-09 responding officer and Officer

Department: Saratoga DD Number : 1889:06/18/2009 04:09

- On the

above

date

and time

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 for 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 arid 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 this time, the subject began to walk towards driver side door and Officer Arpei immediately secured Erickson's hands and placed him behind his back. At Officer Sesselman. in handcuffs .

.Erickson demanded Officer Arpei's badge number when asked to sit in the back. of marked patrol unit 4219.Erickson then sat down in the back seat with his legs outside the vehicle 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 Erickson several times to get back in the vehicle or he would be tased. Officer Arpei displayed his taser to Erickson and placed red dotan Erickson's chest and told him several times to get in the vehicle or he would subsequently tased (l cycle) by Officer be tased. Erickson continued Arpei. Reporting officer and to refuse and was 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 property locker. Reporting Officer and Officer Davis assisted Officer Arpei with fingerprinting Erickson. Si~ure./r Reporting .. Officer and Officer Davis then celled Erickson in cell number 2.

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Officer Rank/Name: SGT SHANE L CROOKS Department: Saratoga Springs Police Department DD Number : ,
1230:06/18/2009 03:24 -

Case Number.: SS-01808-09 Blottei/cc #: SS-014043-09

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 and Officer Callahan then secured taser ID tags and a Taser cartridge door from the scene. Officer Davis and Officer Callahan also secured a open can of Budweiser beer from inside the vehicle.

Signature
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.INarne PTL JOHN J SESSELMAN :

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Saratoga Springs Police Department

Case Number.: SS-01808-09 Blotter/cc #: SS-014043-09

rOfficer responded to the area of Rt#9nat Allen Drive to assist Officer P. Arpei was off on a traffic stop with nyreg:EHR9ll4. Officer was maintaining traffic v/~ontrol while Officer Arpei was conducting field sobriety tests with the vehicle
. 7 flO

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 to put his legs inside and officers names at the scene. He patrol car. He sat down on the seat and then refused cooperate. Erickson then began yelling and demanding

stood up nd 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 ~fficer Davis. Erickson was subsequently transported to police ~d~arters Office~ by Officer Arpei then escorted ~ to the booking desk by reporting

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Officer Rank/Name: PTL LLOYD

DAVIS Case Number.: SS-01808-09 Blotter/CC #: SS-014043-09

Department: Saratoga Springs Police Department DD Number: +

1229:06/18/2009 05:14 - Reporting Officer (FTO)and Officer C.Callahan were in marked patrol unit 4212 when dispatcher dispatched Officer D.Mullan and Officer P.Arpei to a possible 1192 at the intersection of Church St./West Ave. Officer D.Mullan stated he was off with a different vehicle. stop on Circul.ar St. and unable to respond to Church Street. Reporting Officer and Officer Callahan pr'oceeded 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)of Budweiser 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 consol~. Officer P.Arpei asked the driver to step out of the vehicle for SFST,driver later 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 arqund 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 initially 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 st.ood 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 aridOfficer 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(30 pack)of Budweiser beer that would be left in rear seat of vehicle. Reporting Officer and Officer 'Callahan secured open can of Budweiser beer(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 in cell#2 after fingerprinted. Officer P.Arpei placed taser blast 'doors and cartridge into evidence bag,bag secured in evidence locker#3
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Officer Rank/Name: LT LINDA

QUATTRINI Case Number.: SS-01808-09 Blotter/CC #: SS-014043-09

Department: Saratoga Springs Police Department DD Number :

While administering the breathalyzer test to Erickson, I observed that his breath smelled heavily of an alcoholic beverage, his speech was slurred, and his eyes were glassy and bloodshot. The results of the breathalyzer test were .22% BAC.
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Officer Rank/Name: PTL ADAM

FRENCH C~se Number. :SS-01808-09 Blotter/CC #: SS-014043-09

Department: Saratoga Springs Police Department DD Number : .

3041:06/18/200905:57 - On today's date, reporting officer took photographs of SCOTT J. ERICKSON's chest identifying the areas where he was tased. Photographs were also taken of the Budweiser beer can that was found at the scene. I burned the photographs onto a CD and placed it into evidence locker #2.
'1

Signature
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SS-00575-09

Isaratoga

Springs

Police

Department

~ IO ~

16. Date of Birth

17. Age 35 24. Hair OTH

18. Sex [()]M OF 25. Eyes BLU

'o119. R~ce [()]White O Black D U I DIndian D Other

D Asian

120. Ethnic DHispanic

Non-Resident , Unk m Non Hispanic 121. Skin m Light D Unknown ODark

D Medium D Unknown

22. Height 123. Weight . O :: 604 250 . 31. Social Security No. 389-78-8428 37. Arresting Officer ~ AP.PEI
lf./

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D Unkown

O Other

32. Education 12 138. ID No. 1222

112b. lasses G Ig- . isuuo JI~,lVlantal status D Ccmm Law 29. U.S. Citizen 30. Citizen Of D Yes Small O Med ~ Married D Single Fl Separated Yes D No IXlNo DContacts Large Fl DivorcedFl Widowed Unk H Unknown 133. Religion 34. Occupation 135. Employed 136. Scars/Marks/TattoosCDescribe) . OPERl'_TOR ~Yes DNa 140. ID No. 12872 141. Arrest Date 06/18/2009 I 42. Time 101: 45 143. Location af Arrest CC ~ T D VD) I CHURCH ST SARATOGA SPRINGS

39. Assisting Officer SESSELMAN

4). Condrtion or !Jetendant At Arrest 46. Weapon(s) at Arrest 147. Co-defendants Arrest No. Uuv-~ FutherProcess D Impaired Drugs D Mental is D AppNann D I I I [Yes !.AINo' Tm ImDaired 1CD nInilIlI A 2 48. Miranda 1;49.Miranda By 1,5o.IvlIranda Date ISl.IvIir. Time :it~tements 1153.Starus . ,)4. Search Warrant cC O / OWntten O None DBaiJlROR !:;: IKIYesDNo ARPEI o06/18 2009 02.17 FVerbal Inparole nProbation nYes r:x:!No :: 56. Arraignment Court 57. Arraignment Judge 58. Date 159. Time 160. Property 61. Evidence 61a. Processed By CITY COURT 06/23/2009 09: 00 DYes mNa [()]Yes DNa I-

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None nShowUonPhoto 61b. Disposition 66. Photo No.

[!:g Held SS-014043-09 InC.shBail Relto3rdPany 67. Arrest Type, 68. Warrant No. 169. ArrestFOA D PWD IW [!:g SUM D CIP D CaMP DY l'ViN ~nOpFC,vopBW FlAW FiaT es ~ o 72.Location of Offense (CJ2gTDVOl 73.0ffense Date 174. #Offn'drs 175. # Viet. S~g~As~PRINGS NY SARATOGA 06/18/2009 '1 80. Defendant/Case TOT Agency 180a Officer's Name

62. Incident No.

63. Arrestee Status

D ROR D PoliceBail F BailBond nAppTkt

64. Bail Amount 70. Other Agency 76. Return Court CITY COURT

1165.Bonds, man

177. Return Judge

80b. ID No

T
4 4 4
4 O O 5 4

71. F/PITaken DY MN ,_ es I!!J o 178. Return Date 179. Time 06/23/2009 09:00 182. Date

81. Time

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(518) 470-0466

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84. Person Type , OT = Other EM = Employer CH - Child

SP = Spouse PA = Parent

CD = Co - Defendant AS = Associate

SC = School LA = Lawyer

VI = Victim WI = Witness

RE = Relative RP = ReligiousPerson CO = Comolainant DR = Doctor

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SARATOGA SPRINGS,NY

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IIIIIIIIIIIIIIIIII
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Date of occurrence: 6/28/2008 Incident Location: Caroline St..

1Time: 103:22

Blt# SS-O 13126-08

Part I
Case# SS-02043-08

(Reporting Arrest # SS-00447-08

officer incident report)

1Control

I.ObK-6 J
lwRHace: 1 sex:

,_..:N..:..;a..:..;m..:e:..:o;;.:f..:..;s...;..us:..;.p.:.e..:..;ct_: john Batchelder Address: Reporting Officer: PtI. P.Amei Witness Name

~~DOB: ~" telephone ID# 1222 Witness address #

1Assignment:
lPatroI Telephone#

Other Officers at scene PtI. Braim PtI. Sartin Sgt.. Tetu

ID # 0992 0791 2762

Officer in;ured before or after force? briefly describe injury

Describe suspect injuries prior to and after force was used:

Did suspect require medical treatment? Name ofattendin~ medical providers'

Oyes 5J"No

Medical treatment )g(EMS\ Ar"providers: D Hospital Address of medical treatment provider

Ht.Q]

D Other - (add in narrative) Phone#

Suspect taken to J....:::.;H~o:::.sDt:.:ii:.::ta=l...::b4:...v:: -----------Suspect's condition at time of force:

--.J~

O ,ppeared

normalORefused

Hospital D Admitted ~A.:.:c:..::ti:.::o.:.:n.:....,: and released O Treated treatment _ (see below) O Other - (describe in narrative)

List Investigator(s)

assigned, if any:

lJiad been drinking EfIntoxicated by alcoholic beverage O Under influence of drugs O EmotionaIIylMentaIIy disturbed D Other (explain in narrative)

signature of witness to refusal

D Photo's D Statements

D Diagram D Other ;I"

1i'Yes

On scene supervisor(s):Sat.. Investigating

Tetu

Was suspect arrested? (attach copv arrest report)

D No-'--'"
')'

supervisores) assigned:

Rep,ortin&-Gt.f1ger's sig!lattrfe/

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Page_/_

pages

<:: SSPD-20.1

USE OF FORCE REPORT

Narrative of Investigating Supervisor:
(continue on separate sheet of paper ifnecessary)

Part II-B (Incident Investigation) Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured 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 Within and

advised to go home. approximately

Marsell walked into the parking lot located at Caroline and Henry Street.

two minutes MarseIl began fighting with two other men later identified JOHN BATCHELDER All officers approached them and ordered them to stop fighting. As we started to separate individuals.

PATRICK MILLER.

The subject ignored us and MarseIl ran away South on We caught up with

continued to fight using personal weapons. Henry Street. OFFICER

PATRICK ARPEl, OFFICER SARTIN and myself ran after Marseil. of Lafayette Street.

him on Henry Street at the intersection

MarseIl jumped and spun around in the air facing us Officer Sartin deployed the Taser that struck Marseil. and was arrested. MULLAN call for assistance. We ran to their swinging at
QO

with closed fists. I ordered the officer to deploy the Taser. He fell to the ground and he then

comQlied with officers instruction BRAIM and OFFICER

Myself and Officer ArRei heard OFFICER IQQ;tiQn. I Q~eOled B;tQhelder both officers

nusb

;QIsQfficer~ Braim ;nd Mull;n wbile ri~ing his

st and wildl~

Officer rpei bad Dot et aechled I dw CDexpandaha baton and struck Batchalder

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. Offiser P. Arpoi deployed the Taser. 8atchelder Officer P. ,A,rpe.ifell to the ground

arrived and I ordered him to deploy the Taser. el:ft eeFitiFll:feelte fiRt

I eFelereel 9ffieeF P. Fgei te ive BeteReieler eFietRer 5 seeeFl eyele.

Ile eeFitiFll:feelte

lesist and failed to compi)' ~~itll

irrstrtrctiorrs:

I ordsred efficel
I eceil71lg till

P. Arpei to gi~e BatcIIeidel

a tflild 5 seeond c)'cle.

BatclleldeJ cotnpsd with hrsn netion Dilly aftei john Batchelder is approximately

ee additiOi Jal dl il7e stuns al Id was all ested. two tmndred ten

six feet tall weighing approximately

pormus .

. f=le smelled

of alcofiollc officers.

Beverage.

Reaemonsfrafea

ana verBallzea filS Infenf ro use personal weapons

against police Bafcfielaer was

Re affemptea to aVOIa arrest 5y means of pfiyslcal Violence against multiple o~lcers. to avoid all conflict. Lesser force was initially used. behavior and actions. The component

given clear, simple and direct instructions

I ordered the use

of the Taser based on the totality of Batchelder's cartridge were collected and secured as evidence. observations of this incident.

parts of the Taser

All officers involved reported to me their actions and

All officers acted in accordance apprehension

with GO 20.1 and GO 20.62.

Their swift and persistent

action resulted in the

of a violent suspect without any injuries to the suspect or arresting officers.

cJ

Reporting supervisor's rank & signature: Routing:

?1F.lC -SC=,

r-,

Date: 28 June 2008

InVestigatin~rvisor of __ pages

forward all associated reports to Assistant Chief of Pol ice (Training Unit)

Page __

Form -

SSPD-20.1

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. Date/Time: E-mail: Dept Address:

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TASER Officer's Name: Department':

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Phone;

S(-t./-- / -n 1/Vdfv, ft.r !H;), tp~a(' /(.

/ / /

On.Scene Supervisor:

Officer/s) Involved:

.kg

/~'7

ArD '' /r Su."':.n r,

TASERModel (check one):

_ADVANCEDTASERM26 Alkaline _ NiMH

'

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

Air Cartridge Type(s): _

TASER Serial #:

21-ft Standard

21-ft XP _15-ft

:2.5 rr
Doctor: _ Booked: ~N'

XL~?13 V~7i

Medical Facility:
'fU.6:z.../_

Nature of the Call or Incident: '!:"';~5'4' 'Type of Subject: '~uman

Charges: Animal

DI's ~'h!R~'!J

I
() Baton ( ) Impact Munition

Location of Incident: ( ) Indoor (tdoor

( ) Jail ( ) Hospital ( ) Chemical (~) Firearm fU~7rlf

TYPe'of'Force Used (Check all that apply): (,fphysical Nature of the Injuries and Medical Treatment Required: Admitted to Hospital for Injuries: Medical Exam: Y

C.H~cK.e~

BY,

fiM}-NO

M~.(cr4L
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Y.@.
~

A-tf::."7JON

Admitted to Hospital for Psychiatric: Drugs (specify):

y
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if}

5'5A-/2.y

~(IL

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Suspect Under the influence: ~

~6,'3Q,()t

Was an officer/law enforcement employee injured other than by TASER? Incident Type (circle appropriate responsees) below): ~s~ 'Age: ~ 'Sex: Suicidal Suicide by Cop Height: ye!?t Susyegt Race:

y/W
Warrant Other

Barricaded

/11

Coo

Co"

Weight:

'2ZO

TASER use (circle one):~~ , Number of Air Cartridges fired:

Failure \

Suspect wearing heaving or loose clothes:WN Number of cycles applied: _ ... ()LaserDisplayOnly

8""----:-_

Usage (check one): ()ArcDisplayOnly 'TASER: Is this a dart probe contact:@N,

{\I:'ASERAPp~Cation

Is this a drive stun contact:@N

Approximate target distance at the time of the dart launch: Distance between the two probes:

feet

inches

Need for an additional shot? Probes removed on scene:

Did dart contacts penetrate the subject's skin? ~/ Did TASER application cause injury: Y DESCRIPTION OF INJURY:

&-

G).N Y /@

If yes, was the subj ect treated for the injury: y / N

------.

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Date/Time: E-mail: Dept Address:

,/~ t(Y28'ldJ) &6~Z-

TASER Officer's Name: Department:

/ ;th r' IC

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A -.cr:;oe

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<

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Phone; S-(j-i/~ I -on

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~ c:;p TASER Model (check one): /TASERX26

On Scene Supervisor:

-- 1'".

Officer(s) Involved:k;~'7

/ _ADVANCEDTASER:M26

;1ktr, "].?_, !Hu. lPfzo(' It

/ l/r

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Sv.r-I/r>
.

If an ADVANCE TASERM26 Was Used, What Battery Type:_Alkaline_Nilv.lH Air Cartridge Type(s): _ TASER Serial #: 2I-ft Standard _ 21-ft XP _
IS-ft

:25 r
Doctor: _ Booked: ~ .

Xt.,t:Jcl13 flt/li

Medical Facility: Charges:

Nature of the Cali or Incident: .Type of Subject: !~uman

"-r-:-'-';3"'f'.6<..1<----_ Animal

Dts

(ov~d0

I
() Baton ( ) Impact Munition

Location of Incident: ( ) Indoor (6tdoor

( ) Jail ( ) Hospital ( ) Chemical (~) Firearm

fU(.7rl-IL. Mf/)(

Typ~ of Force Used (Check all that apply): (1Physical Nature ofthe Injuries and Medical Treatment Required:
.

C. H ~ cKf~

y. f.M

- ND

cAL

A17f:"/7

Admitted to Hospital for Injuries: Y ~

Admitted to Hospital for Psychiatric: y

~

Qi!

as/ Nr C r 51r(l'f

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Medical Exam: Y

Q.
Suicidal

Suspect Under the influence: ~

Drugs (specify):

~,30-(;'t

Was an officerJIaw enforcement employee injured other than by TASER? y Incident Type (circle appropriate responsees) below): ~~ Age: Suicide by Cop ~el3t Height: SuSpegt

I@
Warrant Other

Barricaded

'k!

Sex:

/11

C66

Race: C //

Weight: '2.20 Suspect wearing heaving or loose clothes{)~} N

TASER use (circle one):~~ . Number of Air Cartridges fired:

Usagefcheckone):

Failure \

Number of cycles applied: _-'-~"-- __ ()LaserDispIayOnly Jr.ASERAPp~cation N

()ArcDisplayOnly

.TASER: Is this a dart probe contact:@N

Is this a drive stun contact:@

Approximate target distance at the time of the dart launch: Distance between the two probes:

feet

inches

Did dart contacts penetrate the subject's skin? Did TASER application cause injury: Y DESCRIPTION OF INJURY:

&

&/

Need for an additional s~ot? @.N Probes removed on scene: Y

/@

If yes, was the subject treated for the injury: y / N

" 1

.l

USE OF FORCE REPORT

Narrative of:
D Investigator ~ Witness Police Officer

Part II A
D Other:

(Incident Investigation)

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
. n",,,,rlt:>rl h, .. DtI li rnoi in th", tnt ~t IMhi,.,htim", ",o\lor.,1 tI">",tl">n ,. " :.. h_

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mother fucker". At this time I advised disnatch that I

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SSPD-20.1

.ff,

USE OF FORCE REPORT

Part HI

(Training / Command Review) ,

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Date:

Signature of Assistant Chief of Police:

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Command Supervisor Recommendation: check all that apply D Continue Investigation -- TOT: )( CBI-appropriate use of force D Formal Review Board D Training deficiency noted D Disciplinary Action D Counsel/Retrain Officer DOther: D Policy failure noted

Final Disposition: check all that apply D Closed by Investigation / appropriate force used. D General training deficiency identified / addressed D Officer was counseled and retrained D Disciplinary action has been commenced DOther: ..

Training Unit; to Command Level Supervisor; to Chief of Police. of __ pages

Form -

SSPD-20.1

IIIIIIIIIIIIIIIIII
I~NI) or S(;ilN SI~(;rrI()N . ... .

. IIIIIIIIIIIIIIIIII

USE OF FORCE REPORT

Date of Blt# occurrence: 06-28-08 16;~:hrs SS-013126-08 ' . Incident Location': Henry Street, Saratoga Springs, NY Name of suspect: Terence C. Marsal! Address: Reporting Officer: Ptim TJ Sartin Witness Name Case# SS-02043-08

Part I

(Reporting officer incident report) o Arrest # Control # SS-00445-08

I Jej{)5?v{):L
biack

..lOB:
telephone# ID# 0791 Witness address

It Race:

Ir Sex:
maie

1_

Assignment: Traffic Safety Telefl.hone#

Other Ofilcers at scene Sgt. Tetu PUm Braim PUm P. Arpei 2762 0992 1222

ID#

Ofilcer iniured be(pre or after (pree? briefhz.describe iniuO!.

Describe suspect injuries prior to and after force was used: unknown

Did suspect require medical treatment? Name o[attending. medicalllroviders

~s No Medical treatment OEMS providers: DHospital Address o[medical treatment 7l.rovider O Other - (add in narrative) Phone#

Suspect taken to Hospital by: Suspect's condin.

Hospital Action:
L.

of force:

List Investigator(s) assigned, if any:

D ~peared normal ~1ad been drinking Intoxicated by alcoholic beverage D Under influence of drugs DEmotionallylMentally disturbed O Other (explain in narrative)

DAdmitted D Treated and released D Refused treatment - (see below) .D Other - (describe in narrative)

signature of witness to refusal

DPhoto's DDiagram D Statements DOther / Was suspect arrested? gYes (attach copy arrest report) DNo Reporting Officer's signature:

On scene supervisor(s):SQt. Tetu Investigating supervsors) assigned: Approved by:

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Form -

SSPD-20.1

Reporting O(ficer's Narrative

(Use additional forms if1Jecessary) Tvpe afforce used: ISrPhysical

I Describe in detail all actions by the subject (by words or conduct) and ~ur reaction
/ level of response to protect yourself / others and/or control the su9j.ct. . ! D Canine D Chemical D Imoact D Handrun J Other ji.rea: -n.-w/z...?::3
MarseIl is 5'08" tall and approx 170 lbs. that, "You don't know who I am, I shot il

Officers 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.

When officers were interviewing

him on the first call he made statements

nigger, I will bust up this town, I'm from Schenectady circles around you guy's." Street.

and I'll chew you guy's up, you guy's ain't nothing, I'll run Street and Henry I told him to

He then walked into the small parking lot on the corner of Caroline

Once he was in the parking lot he began to swing with closed fists at other male subjects. police officers.

stop and he did not comply and began to swing at uniformed

When I told him he was under arrest

he turned and ran out of the parking lot south on Henry Street. times ordered him to stop Once we got past Lafayette

Officers ran after him on Henry Street and multpie and to get on the

Street I ordered him to stop rimning

gml IOd As Marse!! was ri mniDg he jllmped towards officers

ami IOd ml Jitiple times hi It at this time he 1lrned with closed tists Once the prongs struck MarseIl

I then deployed Tazer 3 and I aimed the Tazer at Marsell's 'Ipper chest
He then complied with my commands and was handcuffed

him he fell to the ground.

by PO D. Mullan.

was then transpQrted te the statien with no further ineident.

Officers signature: Routing:

l?c~Cj''-----_ ---pages

Date: b6/2812008 ........

......... .

_ .....I

Reporting offihr forward to investigating supervisor

Page _2_ of __

Form -

SSPD-20.1

USE OF FORCE REPORT

Narrative of Investigating Supervisor:
(continue on separate sheet of paper

if necessary)

Part If. B (Incident Investigation) Give a complete account of your investigation. Attach all witness statements and medical reports, if any. Describe all evidence secured 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 advised to go home. approximately MARS ELL. Marsall was creating a disturbance in the area and was Within and

MarseIl walked into the parking lot located at Caroline and Henry Street.

two minutes MarseIl began fighting with two other men later identified All officers approached them and ordered them to stop fighting. As we started to separate individua/s.

JOHN BATCHELDER

PATR/CK M/LLER.

The subject ignored us and MarseIl ran away South on We caught up with .

continued to fight using personal weapons. Henry Street.

OFFICER PATRICK ARPEl, OFFICER

SARTIN and myself ran after Marseil.

him on Henry Street at the intersection

of Lafayette Street.

MarseIl jumped and spun around in the air facing us Offleer Sartin deployed the Taser that struck Marsell,

with closed fists. I ordered the officer to deploy the Taser.

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!;1roximately one hundred severity lJound~. Mar~ell ela!m:d

hat

he sbQt

scmecne

in the past aDd 'll!ould "kick our white "op a~~e~!" He ~me"ed of bis

alechelle beIleeage

l::Ie demonstrated

and zerhalzad

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 avoiG! all conflict. besserforce was initially IJseG!. I ::Re 9sFAFlSAeAtFlaFtsSf

MarseIl was given clear, sim~le OInG! G!irect instrlJctionsto

sFeleFseltRe !:ISSSf tRS ::aseF saseel SA tRe tetalit)' Sf MaFSell's seRa'o'isF aAel astisAs. tlie =FaseFeaFtFide 'VOveFe eel/eeted aAd seel::lF9d as evideAee. and ObS91o atiorrs ofthis ilicid91it.

All effieers irwelved Fe5eFted te ffie tlieiF aetieAs

;1I fficel s acted ill accm darrea wit/ I o of a 'Vio/ent

Se 2e. 1 arrd Se 2e.62.

flleil

swift action

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ill tile appi

errerrston

strspt

witt!oot an)l injories to the snspt or arresting officers.

f'\

Reporting supervisor's rank & signature:

AftF-
"

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Date: 28 June 2008

Routing:

Investig?tin~ervisor . of __ pages

forward all associated reports to Assistant Chief of Police (Training Unit)

Page __

Form -

SSPD-20.1

USE OF FORCE REPORT

Narrative of:
D Investigator
I~"-

Part II-A
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(Incident Investigation)

&Witness Police Officer

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Offcens) Involved: _ADVANCED

fb [5;e...A.r..,....
TASERM26

TASERMadel (check one): \.. TASERX26

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.;),/)y

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TASER Serial #: >(OD ... 33 !l~\'M:edical Facility: Nature of the Call or Incident: G:;.:;.o",-\-e . , Type of Subject:

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_

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Other

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(Y"'\

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TASER use ecircle one):~ . Number of Air Cartridges fired:

Suspect wearing heaving or loose clothes:@N .- Number of cycles applied: e ) Laser Display Only

--4;-\ __
YW

Usage (check one): ( ) Arc Display Only 'TASER: Is this a dart probe contact:W/N

JTASERpp~Cation

Is this a drive stun contact:

Approximate target distance at the time of the dart launch: Distance between the two probes:

_--'Q"-S-

feet

'Sta

inches

Need for an additional shot? Y Probes removed on scene:

Did dart conta~ts penetrate the subject's skin@N Did TASER application cause injury: Y /rj) DESCRIPTION OF INJURY:

Y lID
1'-''1-

Ifyes, was the subj ect treated for the injury: Y / N

='

USE OF FORCE REPORT

Training Unit Recommendations
(continue on separate page

Part III

(Training / Command Review)

if necessary)

ti

Trainers signature: .
/

Date:

Signature of Assistant Chief of Police:

Date:

7by Command Supervisor: U

(continue on separate pzge if necessary)

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SARATOGA S RINGS

O,Jnmand Supervisor Recommendation: check all that apply Continue Investigation -- TOT: --==-=_-:-:::---:---=-_-:__ )it _. ~BI~appropriate use of force D Formal Review Board U-- Vo Training deficiency noted D Disciplinary Action D Counsel/Retrain Officer D Other: D Policy failure noted

ero

PT. Final Disposition: check all that D Closed by Investigation / appropriate force used D Genenil training deficiency identified / addressed D Officer was counseled and retrained' , D Disciplinary action has been commenced D Other:

Routing: Page __

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TASER Information Serial # Model# X26 Software Version Dataport CD Version Record Date Range Computer Time Zone Using Daylight Savings Time X26 Warranty Date
"-

Downloaded By
XOO-334245 X26

Name Dept Rank Windows Version Report Generated

Joseph Carey Officer Police Microsoft Windows NT(lM) Service Pack 4 06/30/0807:30:44 (local)

21
16.0 06/27/2008 06/30/2008 Eastern Standard _ Time Yes 12/23/08 State: Active

Recorded Firing Data

Seq
0001
--

GMT Time

Local Time

Duration
l 5

Temp Battery
25 30 26 28 30 26 28 28 91 91 90 90 90 90 89 89

06/27/08 19:05:48 06/27/08 15:05:48 06/28/0807:18:58 06/28/08 18:58:20 06/28/08 19:23:44 06/29/0801:43:45 06/30/0803:10:57 06/28/0803:18:58 06/28/08 14:58:20 06/28/08 15:23:44 06/28/0821:43:45 06/29/0823:10:57

0002 0003 0004 0005 0006 0007 0008

1
l 2 l

.06/30/08 10:50:25 06/30/08 06:50:25 06/30/08 11:15:57 06/30/0807:15:57

1
l

Recorded X26 Time Changes End of Report.

{/1/

Seq

GMT Time Local Time Change Type

( .4 e; E 2 U S O O /\.l /\,~ /1(2.) E L L

6/30/2008

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