Transcript

LUKE BRONIN Mayor

Date: February 10,2017

CITY OF HARTFORD

Hartford Police Department 253 High Street

Hartford, Connecticut 06103 P: (860) 757-4000 police.hartford.gov

lAD l-File # 2016-005

JAMES C. ROVELLA Chief of Police

This report was prepared by Sergeant Kevin O'Brien, an investigator assigned to the Hartford Police Department Internal Affairs Division, under the direct supervision of Lieutenant Michael Coates, Commander of the Hartford Police Department Internal Affairs Division.

DATE OF INCIDENT: June 4, 2016

TIME OF INCIDENT: 2133 Hours

LOCATION OF INCIDENT: 800 Flat bush A venue West Hartford, Connecticut

COMPLAINANT: Chief James C. Rovella

INVESTIGATION: Police Pursuit/Use of Force Investigation

lAD I-File # 2016-005 Serving the Capital City Page II

INVESTIGATIVE PLAN I.A.D. I-File# 2016-005

Complainant: ChiefJames C. Rovella Complaint Date: June 6, 2016

I. INVESTIGATION

1. Police Pursuit and Use of Force Investigation

II. ENCLOSURES

Hartford Police Department Case Incident Reports and Supplements 1

Memo written by Chief of Police James C. Rovella 2

Copy of Consent to Search Form, Photo identification of Mr. Vaccaro, and Photographs 3

Copy of request form and DVDs containing radio transmissions 4

Copy of Hartford Police Department Cruiser Video 5

Copy of the booking photographs of Mr. Perez and Mr. Diaz/In-House 6

Copy of e-mail sent by Captain Jason Thody 7

DVD containing Park Street video footage 8

Copy oftwo letters sent to Mr. David Shepack 9

West Hartford Police Department reports, video and photographs 10

Connecticut State Police reports, interviews and video 11

Copy of arrest warrant for Sergeant Sean Spell 12

Copy of interviews with the Connecticut State Police 13

Copy of Mr. Diaz's interview/statement 14

Interviews with personnel 15

Copy of Mr. Perez's and Mr. Diaz's 16

Copy of all Connecticut State Police paperwork and Use ofF orce Analysis 17

Copy of applicable HPD General Orders 18

lAD I-File # 2016-005 Serving the Capital City Page 12

TO

CITY OF HARTFORD

INTERDEPARTMENTAL MEMORANDUM

Chief James C. Rovella Chief of Police

FROM: Sergeant Kevin O'Brien ({!!j) Investigator, Internal Affmrs Division

DATE: February 10, 2017

SUBJECT: lAD I-File# 2016-005 Hartford Police Department Case Number 2016-16021 Connecticut State Police Case Number CFS1600334097

1. On Saturday, June 4, 2016, at approximately 2058 hours, the Hartford Police Department was involved in a motor vehicle pursuit of a stolen vehicle, which led to multiple assaults on police officers and the subsequent force utilized by multiple officers on scene. This incident was documented under Hartford Police Department Case Number 2016-16021, which was written by Officer Stephen Barone and notarized by Sergeant Winston Brooks.

A summary of Officer Barone's report is as follows: Officer Barone was assigned to Hartford Police Department Patrol Unit 2 and on a directed patrol in the area of Zion Street and Glendale A venue in Hartford, Connecticut. Officer Barone observed the operator of a black 2015 Toyota Camry, later identified as Mr. Ricardo Perez (Date of Birth 12/05/1981 of 19 McKinley Street, Third Floor, Hartford, Connecticut), "incisively" utilizing the vehicle's hom at the intersection of Zion Street at Glendale Avenue in Hartford, Connecticut. Officer Barone determined that the Mr. Perez was in violation of Connecticut General Statute 14-80(a), Excessive Noise and pulled his patrol vehicle onto Zion Street "in an attempt to get into a position to conduct a motor vehicle stop." Mr. Perez quickly accelerated and went westbound on Glendale A venue and failed to stop for a stop sign at the intersection of Glendale Avenue and Hillside Street. Mr. Perez then accelerated south onto Brookfield Street before Officer Barone lost sight of the motor vehicle.

Officer Barone then observed the vehicle again, as it was traveling east on Dart Street. Officer Barone utilized his mobile data terminal (MDT) and determined that the vehicle was reported stolen out of New Britain, Connecticut on June 3, 2016 (New Britain Police Department Case Number 2016-12024). Officer Barone began to follow the vehicle as he awaited the arrival of a secondary unit to assist in conducting a felony motor vehicle stop. Mr. Perez traveled east on Dart Street, west on New Britain Avenue, north on Chandler Street, east on Flatbush A venue, north on Westbrook A venue, east on Bonner Street, north on Say brooke Street, and then north on Brookfield Street. During this time of travel, Mr. Perez operated the vehicle "normal" until he accelerated north on Brookfield Street, causing Officer Barone to, once again, lose sight of the motor vehicle.

IAD I-File# 2016-005 Serving the Capital City Page 13

A short time later, at approximately 2117 hours, Detective Abhilash Pillai, Detective Samuel Cruz and Detective Ryan Rea observed Mr. Perez operating the stolen motor vehicle in the area of Park Street and Lawrence Street. The three detectives, utilizing an unmarked motor vehicle, followed Mr. Perez as he traveled east on Park Street, south on Lawrence Street, west on Ward Street and north on Affleck Street. In the area of 160 Affleck Street, the three detectives attempted to conduct a motor vehicle stop. Detective Cruz, who was on foot, was struck by Mr. Perez's motor vehicle and suffered a left knee injury. Mr. Perez then accelerated north on Affleck Street at a high rate of speed.

Mr. Perez then sped north on Affleck Street, crossing over Park Street and then north onto Babcock Street. Officer Barone stated that "It should be noted that the area around Park Street was heavily populated at this time with vehicular and pedestrian traffic. This heavy traffic, which included children on bicycles, was in response to the upcoming Puerto Rico Day parade. Accused Perez's driving manner placed everyone around at risk of serious physical injury or even death. Furthermore, since Accused Perez had already struck Detective Cruz it was clear that he had no regard for others well being. As a result, the actions of Accused Perez were relayed, via police radio, and Officers Verrengia and Perez were in close proximity to pursue the vehicle. Officers Verrengia and Perez pursued the vehicle through the city's south end and into West Hartford (see supplemental reports for further details on the pursuit)."

In the area of South Quaker Lane and Richard Street in West Hartford, Connecticut, West Hartford Police Officer Delgrande utilized "stop sticks" in an attempt to disable the vehicle. This caused the front tires of the stolen Toyota Camry, operated by Mr. Perez, to deflate. The vehicle was then stopped in the area of 800 Flatbush A venue in West Hartford, Connecticut.

When Officer Barone approached the conclusion of the motor vehicle pursuit, he observed Mr. Perez and the front seat passenger, Mr. Emilio Diaz (Date of Birth 08/1211977 of 65 Buckley Avenue in Hartford, Connecticut) refusing to exit the Toyota Camry. Officer Barone observed Mr. Perez actively struggle with Officer Ricardo Colon and Officer Luan Bojka. Numerous officers issued Mr. Perez verbal commands to lay down on the ground, but were ignored. Mr. Perez "was eventually placed on the ground where he violently struggled with Officer (William) Cote, Detective Pillai, and (Officer Barone) to be handcuffed." Officer Barone observed both of Mr. Perez's hands "tucked firmly under his large body." Officers on scene were unable to determine if Mr. Perez was armed and that Officer Barone !mew, based on his experience, that "the front waistband is a common place for individuals to conceal a weapon." Officer Barone "feared he may cause an officer harm by retrieving a potential weapon" and a West Hartford Police Officer deployed a taser, which appeared to have no effect on gaining compliance from Mr. Perez. Officer Barone continued to give verbal commands to Mr. Perez, as he attempted to pull Mr. Perez's right arm from underneath his person. Officer Barone believed that he would be unable to remove his right hand by "simply pulling on it", so Officer Barone struck Mr. Perez multiple times, with a closed fist, in his right torso region. After multiple strikes, Officer Barone was able to "forcefully" pull Mr. Perez's right arm from underneath his person. This was done simultaneously to Detective Pillai removing Mr. Perez's left hand fi·om underneath his person and both secured Mr. Perez in handcuffs.

Once Mr. Perez and Mr. Diaz were detained, Detective Pillai observed suspected narcotics in the center console of the Toyota Camry. Detective Pillai then notified Officer Barone, who found one (I) glass vial containing a yellow liquid and one (I) !matted plastic bag containing a green plant-like substance. The yellow liquid was identified, through smell and color, as being consistent with

IAD I-File # 2016-005 Serving the Capital City Page 14

Phencyclidine (PCP). The green plant-like substance was recognized as being consistent with marijuana and later a field NIK (narcotic identification kit) test was conducted with a positive reaction for marijuana. Due to PCP a being highly toxic substance, it was not tested on scene and instead was sent to the State of Connecticut Toxicology Laboratory for further testing. The amount of PCP was suspected to be approximately one (1) ounce, which Officer Barone determined to be well in excess of what would be considered for personal use.

Mr. Perez was transported to Hartford Hospital by Aetna 237 for non-life threatening injuries to include pain in his left hand, back, and neck, along with facial abrasions. Officer Luis Franco was in the ambulance while Mr. Perez was being transported and he threatened to harm Officer Franco, while spitting bloody saliva in his face. Mr. Diaz was found to have scrapes and abrasions to his facial region and was transported to Hartford Hospital by AMR 927.

Officer Bojka suffered back and neck pain during a motor vehicle accident with Mr. Perez, which required attention.

Officer Barone notated that Mr. Perez was "displaying mannerism consistent with that of an individual under the influence of a narcotics" and would be conducting a follow-up warrant to ascertain Mr. Perez's in order to determine if his driving was impaired by a foreign substance.

Based on the facts and circumstances surrounding the incident, Mr. Perez was charged with violation of the following Connecticut General Statutes: 14-222, Reckless Driving; 53a-63, Reckless Endangerment; 14-223(b), Engaging Police in Pursuit; 53a-167a, Interfering with Police; three (3) counts of 53a-167 c, Assault on Police; 21 a-279a, Possession of Marijuana; 21 a-279(b ), Possession of a Hallucinogenic; 21a-278b, Possession of a Hallucinogenic with Intent to Sell; 53a-123, Larceny in the Second Degree; 53a-126a, Criminal Trover in the First Degree; 53a-62, Threatening in the Second Degree; and 14-36a, Operating without a License.

Mr. Diaz was charged with violation of the following Connecticut General Statutes: 53a-167a, Interfering with Police; 21a-279(b), Possession of a Hallucinogenic; 21a-278b, Possession of a Hallucinogenic with Intent to Sell; and 2la-279a, Possession of Marijuana.

Included as Enclosure 1 is a copy of all Hartford Police Department Case Incident Reports and Supplemental Reports.

2. On Monday, June 6, 2016, Chief James C. Rovella requested that an internal affairs investigation be initiated into the incident involving a motor vehicle pursuit, assault on police, and the subsequent use of force utilized by officers. I was assigned this case for further investigation by Lieutenant Michael Coates, Commander of the Hartford Police Department Internal Affairs Division.

Included as Enclosure 2 is a copy of the memo written by Chief of Police James C. Rovella.

3. On Monday, June 6, 2016, Lieutenant Coates requested that we contact the owner of the stolen Toyota Camry and attempt to obtain a consent to search the motor vehicle. A check of the vehicle through the Hartford Police Department In-House System revealed that the owner was Ace Rental, which was located at 40 South Street in New Britain, Connecticut. The In-House System also revealed that the vehicle was towed by Modem Garage LLC (1 00 Airpmt Road, Hartford, Connecticut).

lAD I-File # 2016-005 Serving the Capital City Page 15

Sergeant David Ragion, also an investigator assigned to the Hartford Police Department, and I went to Ace Rental and spoke with the owner/general manager of the company, Mr. Corrado Vaccaro. Mr. Vaccaro was presented and explained the Hartford Police Department Consent to Search a Vehicle Form, before voluntarily agreeing and signing the consent form.

After obtaining the consent form, Sergeant Ragion and I went to Modern Garage LLC, where the Camry was stored. Detective Denise Mendoza of the Hartford Police Department Crime Scene Division met us there and we presented her with the signed consent form. Detective Mendoza then processed the motor vehicle by taldng photographs of both the interior and exterior of the motor vehicle. After the photographs, the following items, recovered from the interior of the motor vehicle, were seized as evidence:

A. E-1 : One ( 1) natmal sun hat. B. E-2: One (1) black cell phone by "LG" with a black case. C. E-3: One (1) silver Galaxy Note 4 cell phone by "Samsung" with a gray case. D. E-4: One (1) empty glass bottle of Chardonnay by "Sebastiani."

Included as Enclosure 3 is a copy of the consent form, photo identification of Mr. Vaccaro, and photographs.

4. On Monday, June 6, 2016, I completed a City of Hartford Department of Emergency Services & Telecommunications Request for Hold, Review and Duplication of Digital Tape Form. I requested all calls and dispatch recordings for all applicable radio channels, to include the Hartford Police Department Patrol Two Channel, the Hotline, and any 1-Calls. Mr. Brian Rykowski later provided me with a DVD containing audio fi·om all three channels.

On Wednesday, June 15, 2016, I requested that Mr. Rykowski separate the three channels onto separate DVDs. On Wednesday, June 22, 2016, Mr. Rykowski provided me with the audio recordings on three separate DVDs. A summary of the radio transmissions is as follows:

On June 4, 2016 at approximately 2058 homs, Officer Barone notified the City of Hartford Dispatch Center that a black "beamer" fled an attempted motor vehicle stop in the area of Hillside Avenue and Glendale Avenue. Officer Barone lost sight of the motor vehicle before re-locating the vehicle on Coolidge Street. Officer Barone clarified that the vehicle was a black Toyota Carnry bearing Connecticut Registration AC63521. The City of Hartford Dispatch Center advised units that this vehicle was reported stolen by a rental car company. Officer Barone again lost sight of the motor vehicle.

At approximately 2117 hours (per the HARTBEAT System) Detective Pillai located the stolen motor vehicle near the intersection of Lawrence Street at Ward Street. After following the stolen motor vehicle for a short distance in an unmarked motor vehicle, Detective Pillai alerted dispatch that they were attempting to stop the motor vehicle on Affleck Street. Approximately twenty seconds later, Detective Pillai began to yell "He almost ran us all over! Take him right there! Take him!" Detective Pillai reiterated that the officers were almost run over.

Almost immediately, Officer Michael Verrengia (Unit 754) began to pursue the vehicle northbound on Affleck Street. Officer V errengia requested to "patch it" before advising area units that he was

lAD I-File # 2016-005 Serving the Capital City Page 16

traveling west on Capitol Avenue. Sergeant Shawn St. John asks Officer V errengia what his speed was, with Officer Verrengia stating approximately 40 miles per hour, before Sergeant St. John asks if anyone has "stop sticks." Sergeant Sean Spell tells dispatch to advise the West Hartford Police Department of the pursuit utilizing the "Hotline."

The pursuit continues south on South Whitney Street, before traveling west ou Park Street. The motor vehicle pursuit then continues onto Park Road in West Hartford, Connecticut. Sergeant St. John again requests Officer V errengia' s speed, with Officer V errengia stating that he is traveling approximately 40 miles per hour.

A short time later, Officer Luan Bojka (Patrol Unit 4) begins to provide the direction of the pursuit, as the pursuit was going southbound on Quaker Street in West Hartford, Connecticut. Officer Bryan McMahon (Patrol Unit 6) begins to yell "Cut him off! Cut him off!" The radio transmissions begin to become chaotic as multiple officers are attempting to provide the direction ofthe pursuit.

Officer Marfella then notifies units that the West Hartford Police Department utilized "stop sticks" and that the vehicle is "on rims," while traveling at speeds of 30 miles per hour. Lieutenant Michael Reynolds instructs units to have one vehicle relay information to dispatch. Officer McMahon then states "he just hit us!" This occurred while this pursuit was on Flatbush Avenue in West Hartford, Connecticut. Officer Marfella then reiterates that "he just rammed a bunch of cars."

Sergeant Winston Brooks then advises dispatch that the party is in custody, with dispatch providing the time of 2128 hours. Lieutenant Gabriel Laureano then provides a more detailed location of the conclusion of the pursuit. Sergeant Jeffrey Morrison also notifies dispatch that he was involved in a motor vehicle accident. Officer Barone requests two ambulances to respond to the scene.

Please note, near the conclusion of the pursuit, there are multiple radio transmissions with Sergeant St. John yelling on the radio. It was later determined that there was an umelated foot pursuit that was occurring in the City of Hartford with Vice and Narcotics Detectives. Lieutenant Laureano advised units that were not actively involved in West Hmiford to redirect to Park Street in Hartford, Connecticut. Sergeant Spell then advised members of the Shooting Task Force to also redirect to that area to assist Sergeant St. John.

After the pursuit, it appears that Sergeant St. John utilized the "I-Call" System to speak with Detective Pillai. Detective Pillai advises Sergeant St. John that Detective Samuel Cruz was struck by the motor vehicle and that he needs to "pull" a use of force number. Sergeant St. John inquires with Detective Pillai on the status of Detective Cruz, and he advises Sergeant St. John that Detective Cruz is "okay" and that Detective Pillai is "covered in blood." Detective Pillai later notifies Sergeant St. John that Detective Cruz would be transported to the hospital, via mnbulance, for further evaluation.

Later on the "I-Call" System, Officer Franco advises Officer Barone that Mr. Diaz threatened him and spit on him while in the an1bulance. Officer Barone then inquires with Officer Bojka's injuries. Officer Bojka advises Officer Barone that he is going to get checked because he was involved in an approximate 40 mile per hour collision. Officer Barone responds by stating "Hey, you got backed into? That was your car?" Officer Bojka responded by saying that he thought Officer Colon was going to get struck, so he rammed the stolen vehicle. Officer Barone responds by stating "Haha you're funny. So you got backed into?"

lAD I-File # 2016-005 Serving the Capital City Page [7

The remaining radio transmissions do not assist with this administrative investigation, but will be included as an enclosure.

Included as Enclosure 4 is a copy of request form and four (4) DVDs.

5. On Monday, June 6, 2016, I completed a Request for Archive and/or Duplication of Digital Video Sequence(s) Form to obtain cruiser camera footage from Hartford Police Department Marked Patrol Units 1, 2, 3, 4, 6, 22, 25, and 31. On Wednesday, June 8, 2016, I completed an additional request form for Hartford Police Department Marked Patrol Unit 27. This was based on HARTBEAT

Mr. William Tacke (Microcomputer Technician of the City of Hartford Emergency Services and Telecommunications Division) later provided me with DVDs containing cruiser camera footage from Hartford Police Department Marked Patrol Units 2, 4, 6, 22, 27, and 31. The cruiser cameras in Hartford Police Department Patrol Units 1 and 3 were not functional at this time. I advised Mr. Tacke to secure the hard drives and to not redistribute them back into the patrol rotation. I later discovered, when securing the hard drives in the Hartford Police Department Property Room, that Mr. Tacke inadvertently redistributed the hard drive for Patrol Unit 31 into the patrol rotation. However, Mr. Tacke did preserve the video for Patrol Unit 31.

A review of the camera footage for Hartford Police Patrol Unit 2 is as follows:

On June 4, 2016 at approximately 2052 hours, Officer Barone conducts a motor vehicle stop on what appears to be a black Nissan Maxima bearing Connecticut Registration AD1261lin the area of Zion Street and Harbison A venue. Officer Barone approaches the vehicle and after a short conversation, he walks back to his marked police cruiser and the camera turns off.

At approximately 2121 hours, Officer Barone is observed traveling westbound on Park Street, with the vehicle's lights and sirens activated. Office Barone begins to travel southbound on New Park Avenue, before stopping near the intersection of New Park Avenue and Hamilton Street. Officer Barone momentarily stops on the side of the road and then begins to continue southbound on New Park A venue, before the camera turns off again.

At approximately 2126 hours, Officer Barone is observed traveling what is believed to be southbound on Quaker Lane in West Hartford, Connecticut, before traveling eastbound on Flatbush Avenue. Upon approaching the conclusion of the motor vehicle pursuit, the camera again stops at 2127 hours. The camera is reactive at approximately 223 7 hours, well after the end of the motor vehicle pursuit.

Please note, although the footage is labeled as "VID:Ol," this camera footage is for Patrol Unit 2. Furthermore, it appears that the vehicle speed stays at 0 and the display was not working properly.

A review of the camera footage for Hartford Police Patrol Unit 4 is as follows:

On June 4, 2016 at approximately 2110 hours, Officer Luan Bojka is observed traveling with the vehicle's lights and sirens activated, northbound on Affleck Street, crossing the intersection of Park Street and continuing northbound on Babcock Street. Officer Bojka eventually begins to travel westbound on Capitol Avenue, reaching a maximum speed of 75 miles per hom, before traveling

lAD I-File # 2016-005 Serving the Capital City Page 18

southbound on Sisson Avenue. Officer Bojka then traveled westbound on Park Street, before crossing Prospect A venue and traveling westbound on Park Road in West Hartford, Connecticut.

At approximately 2116 hours, on what appears to be Quaker Lane North in West Hartford, it appears that Officer Bojka is one of five marked Hartford Police Department cruisers pursuing the stolen motor vehicle. Due to the quality of the video, I am unable to determine the unit numbers of those vehicles. The maximum speed of Officer Bojka's vehicle, at this time, was 65 miles per hour. At approximately 2117 hours, marked patrol vehicles are seen passing a stopped motorist on both the driver's and passenger's side of the stopped motorist. The pursuit continues onto Quaker Lane South, with Officer Bojka reaching a maximum speed of 79 miles per hour. Once the pursuit begins to go eastbound on Flatbush Avenue, it is clear that Officer James Prignano (Patrol Unit 27), is one of the marked patrol vehicles actively involved in the pursuit. Another officer identified is the pursuit is Officer Ted Sposito (Patrol Unit 330), and Officer Bryan McMahon (Patrol Unit 6).

At approximately 2118 hours, the stolen motor vehicle is boxed in and Officer McMahon exits his marked patrol vehicle, with his firearm drawn. Although there is no audio, it appears that Officer McMahon is giving verbal commands to the occupants of the stolen motor vehicle, while he is approaching the vehicle on foot with his firearm still drawn. Officer Bojka is then seen running in front of his vehicle, also with his firearm drawn, before both Officers McMahon and Bojka run back to their vehicle.

The pursuit continues eastbound on Flat bush A venue, as Officer McMahon positions his cruiser in front of the stolen motor vehicle, in what appears to be an attempt to slow the vehicle down. The vehicle has smoke emanating from the tires and it appears that the vehicle had possibly struck stop sticks that were deployed. After Officer McMahon positions his cruiser in front of the stolen motor vehicle, Officer Bojka utilizes his vehicle to strike the rear of the stolen motor vehicle, at approximately 30 miles per hour. The stolen motor vehicle then begins to travel eastbound in the west travel lane of Flat bush A venue, and then attempts to go back into the east travel lane. Officer Bojka again strikes the passenger side of the stolen motor vehicle, at approximately 20 miles per hour. The vehicle continues traveling eastbound on Flatbush Avenue, as it then appears that Officer Luis Franco (Patrol Unit 25) strikes the rear passenger side of the stolen motor vehicle with his push bumper. Officer Bojka then strikes the rear of the stolen motor vehicle, at approximately 24 miles per hour. Officer Franco then strikes the driver's side rear quarter panel of the stolen motor vehicle. Officer McMahon again goes in front of the stolen motor vehicle, as Officer Franco strilces the vehicle a third time, in the rear driver's side quarter panel. The stolen vehicle then stops.

Officer Ricardo Colon, in plain clothes, wearing a tactical vest with "POLICE" clearly visible, attempts to open the passenger side door of the stolen motor vehicle. The vehicle quickly is put into reverse, before traveling forward and eastbound on Flatbush Avenue. At this time, there are more marked police vehicles on scene and one mnnarked police vehicle (equipped with emergency lights), pursuing the stolen vehicle at very low speeds (approximately 10 miles per hour). While the vehicle is still in motion, multiple officers are on foot and near the passenger side of the motor vehicle.

At 2120 hours, the motor vehicle pursuit ends and officers are seen attempting to remove both occupants from the stolen motor vehicle. Due to the amount of emergency lights and personnel on scene, it is very difficult to determine the actions of any police officers from this camera view. Officer

IAD I-File # 2016-005 Serving the Capital City Page 19

Bojka appears to be utilizing a baton in a striking motion, but I was not able to determine any other viable information. At 2121 hours, the camera is no longer recording.

A review of the camera footage for Hartford Police Patrol Unit 6 is as follows:

On June 4, 2016, at approximately 2101 hours, Officer McMahon is observed traveling westbound on Russ Street with an unmarked black Chevrolet Impala and an unmarked black Chevrolet Tahoe in front of Officer McMahon, with emergency lights activated. Officer McMahon and the unmarked black Chevrolet Impala continue northbound on Park Terrace and westbound on Capitol Avenue. Officer McMahon reaches a top speed of 7 5 miles per hour on Capitol A venue, with the unmarked Chevrolet Impala in front of him.

At 2106 hours, it appears that Officer McMahon is traveling southbound on Quaker Lane North in West Hartford, directly behind the stolen motor vehicle. Speeds reach a top speed of 71 miles per hour. At one intersection, Officer Prignano (Patrol Unit 27) is observed attempting to cut the motor vehicle off, while he is traveling west on an unknown side street. Officer McMahon is forced to abruptly stop and is no longer the primary unit chasing the stolen motor vehicle.

At 2109 hours, Officer McMahon is observed passing the stolen motor vehicle and swerving left to right, on Flatbush Avenue, in what appears to be an attempt to slow the stolen motor vehicle down. Moments later, Officer McMahon positions his vehicle in a southeastern direction, as sparks and smoke are emanating from the tires of the stolen motor vehicle. Two uniformed patrol officers are observed running along the passenger side of the stolen motor vehicle. Sergeant Jeffery MmTison (Patrol Unit 31 0) is seen traveling from a westbound direction and appears to attempt to box the stolen motor vehicle in, by pushing his front bumper into the front of the stolen motor vehicle (low speed).

Officer McMahon is seen approaching the vehicle, with his firearm unholstered. Detective Abhilash Pillai, Detective Samuel Cruz, Officer Barone and Detective Ryan Rea are seen running in front of Officer McMahon's patrol vehicle. Detective Rea is then seen quickly running around Sergeant Morrison's patrol vehicle, towards the passenger side of the stolen motor vehicle. Sergeant Morrison is seen briefly standing in front of Officer McMahon's patrol vehicle, before traveling in the same direction as Detective Rea.

Officer William Cote (Patrol Unit 747) is then seen making what appears to be four kicking motions, while standing along the front passenger side of Patrol Unit 6. Due to the camera angle, it cannot be determined what Officer Cote was kicking at (video only showed Officer Cote from the waist up). It was later dete1mined, through Officer Cote's supplement, that he was delivering kicking strikes to Mr. Perez. A hand is then seen on Officer Cote's abdomen area.

The camera footage of Patrol Units 22, 27, and 31 provide no other detail to assist in this investigation.

Included as Enclosure 5 is DVDs containing Hartford Police Department Cruiser Video.

6. On Monday, June 6, 2016, I obtained the booking photographs for Mr. Ricardo Perez and Mr. Emilio Diaz. I observed Mr. Perez to have a white bandage over his left eye, a bruised/swollen left eye and what appears to be a swollen right side of his face. I observed Mr. Diaz to have a laceration on the right side of his forehead and what appears to be some blood near his right ear.

lAD I-File # 2016-005 Serving the Capital City !'age 110

Included as Enclosure 6 is a copy of the booking photographs for Mr. Perez and Mr. Diaz, criminal history of Mr. Perez and Mr. Diaz, and Hartford Police Department In-House Printouts.

7. On Friday, June 10, 2016, Lieutenant Coates requested thati obtain all the hard drives from Mr. Tacke and secure them in the Hartford Police Department Property Room. Officer James Prignano had already secured the hard drives for Hartford Police Department Patrol Units 4 and 6, in the Hartford Police Department Property Room, on June 5, 2016. Mr. Tacke provided me with the following four (4) hard drives:

A. I Cop hard drive -Property Receipt Number 1832 B. I Cop hard drive- Property Receipt Number 1855 C. I Cop hard drive- Property Receipt Number 1862 D. I Cop hard drive- Property Receipt Number 1877

I secured the remaining four ( 4) hard drives in the Hartford Police Department Property Room for safekeeping. Both Officer Prignano and I completed supplements in regard to this.

8. On Friday, June 10, 2016, Lieutenant Coates notified me that the State of Connecticut Chief State's Attorney would be initiating a criminal investigation into the use of force by the Hartford Police Department at the conclusion of the motor vehicle pursuit that occurred on June 4, 2016.

9. On Tuesday, June 14, 2016, Captain Jason Thody, Commander of the Hartford Police Department Planning and Accreditation Division, sent an e-mail to the entire Hartford Police Department, which read as follows:

To All Sworn Personnel:

Please review the attached policies for compliance. Officers are reminded that failure to adhere to these policies may result in disciplinary action.

Please be safe and back each other up.

Captain Jason Thody Planning & Accreditation

Captain Thody also attached, on the e-mail, the following Hartford Police Department General Orders:

A. General Order 7-25, Pursuit of Fleeing Vehicles by Police (Issued 02/10/2002) B. General Order 7-27, Use of Less Lethal Force (Issued May 23, 2003)

Included as Enclosure 7 is a copy of the e-mail sent by Captain Thody.

10. On Wednesday, June 15, 2016, I completed a Request for Archive and/or Duplication of Digital Video Sequence(s) Form to obtain camera footage from the Park Street corridor during the initial attempt to stop the motor vehicle near the intersection of Affleck Street and Park Street. On Tuesday, June 21, 2016, Sergeant Johnmichael O'Hare, Supervisor for the Hartford Police Department Special Operations Group, provided Lieutenant Coates and I with a copy of Park Street footage.

IAD I-File # 2016-005 Serving the Capital City Page Ill

Included as Enclosure 8 is a copy of the DVD containing the Park Street footage.

11. On Tuesday, June 21, 2016, Lieutenant Michael Coates and I went to the Litchfield State's Attorney's Office in Litchfield, Connecticut and provided documentation to Mr. David Shepack (Litchfield Judicial District State's Attorney). This documentation included, but was not limited to, one case incident report, forty supplemental reports, ten use ofless lethal force reports, cruiser camera footage (on DVDs), dispatch transmissions, booking photographs of both occupants of the motor vehicle, and HARTBEAT/In-House information. Mr. Shepack then provided the above listed items to Connecticut State Police Sergeant Brian L. Narkewicz, the lead investigator for the criminal investigation.

Included as Enclosure 9 is a copy of the letter to Mr. David Shepack. A full list of the items provided on this day are included in the enclosure.

12. On Wednesday, June 22,2016, Sergeant Narkewicz requested all Hartford Police Department Policies and Procedures that are the guidelines for use of force and the pursuit of a fleeing motor vehicle. At approximately 1056 hours, I e-mailed Sergeant Narkewicz the following Hmiford Police Department General Orders:

A. General Order 7-25, Pursuit of Fleeing Vehicles by Police (Issued 02/10/2002) B. General Order 7-27, Use of Less Lethal Force (Issued May 23, 2003) C. General Order 7-28, Less-Lethal Extended Range Impact Devices (Issued July 6, 1999)

i. Included an interdepartmental memorandum from Chief James C. Rovella (Dated February 25, 2016)

D. General Order 1-24, Tasers/Electronic Control Devices (Issued 05/13/2010)

13. On Tuesday, June 28, 2016, I met with Sergeant Brian Narkewicz to provide additional documentation. This documentation included, but was not limited to, injury reports of Hartford Police Officers, video footage of the City of Hartford Detention Facility, additional supplemental reports, and ICop harddrives.

Included as Enclosure 9 is a copy of the letter to Mr. David Shepack. A full list of the items provided on this day are included in the enclosure.

14. On Monday, August 1, 2016, Chief James C. Rovella provided Lieutenant Coates with four DVDs from the West Hartford Police Department, four DVDs from the Connecticut State Police, copies of repmis from the West Hartford Police Department and copies of reports from the Connecticut State Police. These items were provided by Mr. David Shepack directly to Chief James C. Rovella.

A review of the camera footage for West Hartford Patrol Unit 2 is as follows:

Although there was no significant video footage, there was audio recordings relevant to this investigation. An officer is stating that they are on South Qualcer Lane in West Hartford, Connecticut. Another officer, presumably a supervisor, advises all West Hartford Officers to not chase the vehicle and only stop stick the vehicle, if possible.

lAD I-File # 2016-005 Serving the Capital City Page 112

A review of the camera footage for West Hartford Patrol Unit 3 is as follows:

As West Hartford Police Officer Jeremy Allen begins to travel eastbound on Flatbush Avenue, it appears that the first collision with Hartford Police Cruisers has already occurred. It appears that there are five marked and one unmarked Hartford Police Department vehicles pursing the stolen motor vehicle. Hartford Police Department Patrol Unit 25 (Officer Franco) then makes contact with the driver's side of the motor vehicle. Officer Colon is seeing running towards the passenger side of the vehicle, along with two West Hartford Police Officers.

The vehicle is able to find an avenue of escape and continues to travel eastbound on Flatbush A venue. Officer Colon re-enters the unmarked police vehicle on the passenger side. The unmarked vehicle appears to begin to pursue the stolen vehicle, as it is directly behind it. This West Hartford Police cruiser remains in place and no other tangible footage is observed.

A review of the camera footage for West Hartford Patrol Unit 13 (no audio) is as follows:

West Hartford Police Officer Christopher Leonard begins to travel eastbound on Flatbush Avenue and then egresses off the roadway into a grassy area on the south side of Flatbush Avenue. This camera captures when the stolen vehicle's front seat passenger, Mr. Diaz, is being talcen into custody, after already being removed from the passenger seat of the motor vehicle.

Officer Bojka is observed striking Mr. Diaz with a baton, approximately two times, while Mr. Diaz is on his back. Officer Fogg delivers one foot strike to Mr. Diaz's shoulder region. Mr. Diaz then rolls onto the right side of his body and it appears that Officer Carlos Torres approaches Mr. Diaz and is attempting to handcuff him. Officer Colon is observed utilizing a foot strike to Mr. Diaz's head region, as he lay on his stomach. Detective Mastroianni is standing to the left of Officer Colon and then delivers multiple foot strikes to Mr. Diaz's chest/abdomen area. After Detective Mastroiarrni strikes Mr. Diaz with his foot, he walks away. Due to the amount of individuals surrounding Mr. Diaz and the angle of the West Hartford cruiser, it caunot determine when Mr. Diaz is handcuffed and secured.

A review ofthe camera footage for West Hartford Patrol Unit 13 "Extension" (no audio) is as follows:

At 03:00, Officer Carlos Torres is standing behind Mr. Diaz, Sergeant Spell is standing to the right of Officer Torres and Officer Bojka is standing to the right of Sergeant Spell. Officer Colon is facing all three officers.

At 03:09, Officer Bojka abruptly looked down and to the left behind himself. Prior to Officer Bojka's action, Mr. Diaz is seen slightly lifting his head. Sergeant Spell immediately raises his left foot and strikes Mr. Diaz in the back of the back/neck/shoulder/head region. Officer Bojka and Sergeant Spell then began to look over their shoulders as Officer Colon quicldy turns around and walks away, back towards the stolen motor vehicle. Due to the quality of the video, it carrnot be determined why Officer Bojka quicldy looked down and to the left behind himself.

A review of the camera footage for West Hartford Patrol Unit 22 is as follows:

This footage begins after Mr. Diaz was already removed from the stolen vehicle and does not contain a portion of Mr. Diaz being taken into custody. It appears that Mr. Diaz was placed in handcuffs and

IAD I-File # 2016-005 Serving the Capital City Page 113

officers begin to walk away. Connecticut State Trooper First Class Stankosky then lifts his foot off Mr. Diaz. Officer Colon then places his foot near Mr. Diaz's shoulder/neck/head area, takes two steps back and delivers one more foot strike to Mr. Diaz' s head/facial region. After the foot strike by Officer Colon, Mr. Diaz abruptly moves on the ground. Officer Torres then walks Mr. Diaz away from the vehicle, to a grassy area, placing Mr. Diaz on his lmees and facing down. The video then abruptly stops and an unknown time period is not recorded.

A review of West Hartford Police Officer Jeremy Allen's report is as follows:

West Hartford Police Officer Allen reported that "In an attempt to assist Hartford Officers with getting the passenger, Emilio Diaz, out of the vehicle and into custody, I holstered my duty weapon and transitioned to my taser. A Hartford Police Officer had to smash the passenger window out and open the door from the inside. As the Hartford Officers were trying to get Diaz into custody, he was still actively resisting and fighting with Officers so I deployed my taser striking Diaz in the chest. Once it appeared as though there was enough Officers on top of Diaz, I turned my taser off and disconnected the cartridge from the taser." Officer Allen did not document any other information deemed pertinent.

A review of West Hartford Police Officer Brian Delgrande's report is as follows:

West Hartford Police Officer Delgrande was on a private duty assigmnent and deployed "Stinger stop sticks" at the intersection of Richard Street and South Quaker Lane. Officer Delgrande did not document any other information deemed pertinent.

A review of West Hartford Police Officer Edward Jacovino 's report is as follows:

West Hartford Police Officer Jacovino reported that "Once on Flatbush Ave. I observed several officers running east. I drove around several parked police cruisers and got to where the suspect vehicle had come to rest. I observed several Officers which I believe to from Hartford wrestling with a male on the passenger side of the suspect vehicle. There appeared to be enough Officer there to handle the situation. I then looked around to see if anyone needed the any help. The scene appeared to be under control. I found myself standing next to Ofc. Allen who was gathering wires from a Taser cartridge. I asked him if he hit him meaning was the Taser deployment successful. I don't recall his exact words but it was successful." Officer Jacovino did not document any other information deemed pertinent.

A review of West Hartford Police Officer Thomas Lazure's report is as follows:

West Hartford Police Officer Lazure reported that "I did not witness any accident but I heard more of what sounded like the suspect vehicle crashing into HPD cruisers east of my location at Price Boulevard and Flatbush Ave. I could see in the distance that HPD cruisers were tyring (trying) to box the suspect in and get him to successfully stop. I then saw several Hartford Officers running towards the suspect vehicle. I did not see the suspect vehicle stop but it was safe to assume that it did based on the amount of Officers on foot running towards the area." Officer Lazure did not document any other information deemed pertinent.

IAD I-File # 2016-005 Serving the Capital City I' age 114

A review of West Hartford Police Officer Christopher Tyler's report is as follows:

West Hartford Police Officer Tyler was running in the grassy area, south of the south curb line of Flatbush Avenue. Officer Tyler observed numerous police vehicles and personnel surrounding the Toyota Camry and the "operator refused to give up." Officer Tyler later wrote "I observed officers attempting to remove the passenger from the vehicle but he refused to comply. I observed an Officer smash the passenger window of the vehicle and remove the suspect from the vehicle." Officer Tyler did not document any other information deemed pertinent.

A review of West Hartford Police Lieutenant Samuel Ferrucci's report is as follows:

West Hartford Police Lieutenant Ferrucci stated that he "notified all West Hartford units not to pursue the stolen vehicle (at this time we had no additional information other that it was a stolen vehicle). I did instruct West Hartford Officers to attempt to set up stop sticks to end the pursuit." Lieutenant Ferrucci added that he arrived on scene after the suspects were taken into custody. Lieutenant Petrucci did not document any other information deemed pertinent.

A review of Connecticut State Police Trooper First Class Donald Stankosky's report is as follows:

Trooper First Class Stankosky reported that "As I approached the suspect vehicle from the rear right side, I observed the driver exit the vehicle and he appeared to have his hands raised up by his chest, with his fists clenched in a fighting stance. I then heard someone yell: "taser, taser, taser" and I heard a taser being deployed and the driver fell to the ground out of my sight. I also observed Officers trying to get the passenger side door open, and I think they had to break the glass to gain entry to remove the front passenger. I then checked the back seat with my pistol drawn and my flashlight, and I observed no other occupants. At this point, the front passenger was lying face down on the ground and there was an officer straddling his back trying to get him in handcuffs. I observed that the passenger was kicking his legs and feet, so I put my right boot on his legs to keep them from striking the officer who was handcuffing him. Once the passenger/suspect was handcuffed, I removed my boot from his legs." Trooper First Class Stankosky did not document any other information deemed pertinent.

All other West Hartford Police cruiser footage and reports, along with the Connecticut State Police cruiser footage and reports, were deemed not to have any pertinent information to assist in this investigation.

Included as Enclosure 10 are DVDs containing West Hartford Police Department Cruiser Video, West Hartford Police Department paperwork, and West Hartford Police Photographs

Included as Enclosure 11 are DVDs containing Connecticut State Police Cruiser Video and Connecticut State Police paperwork.

15. On Monday, July 18, 2016, an interdepartmental envelope was delivered to the Hartford Police Department Internal Affairs Division secured mailbox, containing an additional supplement from Detective Christopher Mastroianni. This supplemental report was later provided to Connecticut State Police Sergeant Brian Narkewicz.

IAD I-File # 20 16-005 Serving the Capital City !'age 115

16. On Tuesday, August 23, 2016, Chief James C. Rovella, at the request of the Litchfield State's Attorney's Office and Connecticut State Police, voluntarily consented to the search of Sergeant Spell's department-issued Surface Pro 3 and iPhone. ChiefRovella signed a consent to search form, with this investigator as the witness. The items were later tnmed over to the Connecticut State Police and a forensic analysis was complete. With documents later obtained, it appeared as nothing of assistance was located on either device. Please note, the password to Sergeant Spell's account was changed and provided to the Connecticut State Police. This was done to ensure that the account could stay active but also could not be accessed by anyone not involved in the investigation.

17. On Wednesday, October 26,2016, at approximately 1412 hours, Lieutenant Coates and I conducted a recorded interview with Sergeant Shawn St. John. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Sergeant St. John was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Sergeant St. John elected, under the Weingarten Ruling, to not have a union representative present. A summary of Sergeant St. John's interview is as follows:

On June 4, 2016, Sergeant St. John was the supervisor of the Vice and Narcotics Division, which was conducting a "hot spot" assignment the night before the Puerto Rican Day Parade. Sergeant St. John was in a plain-clothes assignment and operating a city-issued unmarked Chevrolet Impala. Sergeant St. John was with Detective Alexander Estrella and Officer Stephen Suchecld, as they were conducting an operation in the area of Park Street and Hungerford Street. Sergeant St. John hem·d on the radio that a pursuit began and he did not hear any supervisor malce any inquires regarding the logistics of the pursuit. Although it was marked patrol units involved in the pursuit, Sergeant St. John inquired about the speed of the motor vehicle pursuit. During the motor vehicle pursuit, a handcuffed suspect escaped custody from Detective Estrella and a foot pursuit ensued ( umelated to the motor vehicle pursuit). Sergeant St. John then refocused his efforts in regards to his operation and the escaped prisoner, as Sergeant St. John was directly involved in the foot pursuit. Sergeant St. John stated that when he is heard on the radio asking for help, it was umelated to the motor vehicle pursuit and specifically related to the foot pursuit.

Sergeant St. John never went to Flatbush Avenue in West Hartford, Connecticut. Sergeant St. John stated that he did not review any cruiser camera footage or radio transmissions prior to reviewing and signing supplemental reports and use of less lethal force forms.

The interview concluded at approximately 1418 hours and remains on file with the Hartford Police Department Internal Affairs Division.

18. On Friday, November 11, 2016, at approximately 1047 hours, Lieutenant Coates and I conducted a recorded interview with Sergeant Steven Kneeland. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Sergeant Kneeland was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Sergeant Kneeland elected, under the Weingarten Ruling, to not have a union representative present. A summary of Sergeant Kneeland's interview is as follows:

On June 4, 2016, Sergeant Kneeland was the supervisor of the North Patrol Division. Sergeant Kneeland stated that he proceeded to the direction of the pursuit, once the incident became "patched" over both the Patrol 1 and Patrol 2 radio chmrnels.

lAD I-File # 2016-005 Serving the Capital City Page 116

Sergeant Kneeland stated that he did not inquire about how many vehicles were in the pursuit because he believed that other supervisors, in closer proximity, were supervising the pursuit. Sergeant Kneeland was not aware of any patrol vehicles assigned to the North District of the City that became involved in the pursuit. Upon arrival to the Flatbush Avenue area, Sergeant Kneeland stated that the pursuit was concluded. By the time Sergeant Kneeland arrived on scene, he did not observe any officers use any type of force on the occupants of the motor vehicle. Sergeant Kneeland did not review any cruiser camera footage or radio transmissions before completing his supplemental report.

It was also discovered that Sergeant Kneeland was on an overtime assignment as the Hartford Police Detention Facility Supervisor, from June 4, 2016 at 2330 hours until June 5, 2016 at 0730 hours. Sergeant Kneeland reported that he did not have any direct contact with Mr. Perez, but was aware that he was in the facility. Sergeant Kneeland further reported that Mr. Perez did not make any complaint to him or any of the booking staff.

The interview concluded at approximately 1051 hours and remains on file with the Hartford Police Department Internal Affairs Division.

19. On Friday, November 11, 2016, at approximately 1158 hours, Lieutenant Coates and I conducted a recorded interview with Lieutenant Gabriel Laureano. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Lieutenant Laureano was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Lieutenant Laureano elected, under the Weingarten Ruling, to not have a union representative present. A summary of Lieutenant Laureano's interview is as follows:

On June 4, 2016, Lieutenant Laureano was the supervisor of the South District of the City of Hartford. Lieutenant Laureano was the passenger in a marked Hartford Police Department supervisor vehicle, operated by Sergeant Winston Brooks. Lieutenant Laureano was at the intersection of Ward Street and Affleck Street, when it was reported that an officer was struck by the stolen motor vehicle. Lieutenant Laureano was approximately eighty to ninety feet away and from the location, he observed the stolen motor vehicle make movements that made him believe that the vehicle struck Detective Samuel Cruz. Lieutenant Laureano added that the detectives had vests on that stated "POLICE" and were highly identifiable as police officers. Lieutenant Laureano looked at Sergeant Brooks and stated "Hey I think they just hit him," at which time, the motor vehicle pursuit began.

Lieutenant Laureano then heard Officer Michael V etrengia providing direction of the pursuit. Lieutenant Laureano stated that he was confident in Officer Verrengia's ability because of his years of experience. Lieutenant Laureano and Sergeant Brooks "mirrored" the pursuit route, but were not directly pursuing the stolen motor vehicle.

Lieutenant Laureano stated that he allowed the pursuit to continue because he believed that a police detective was struck by the motor vehicle (based on his own observations), the vehicle was stolen, and took into account Officer Verrengia' s calm demeanor and experience. Lieutenant Laureano also stated that he believed that this pursuit met the criteria to continue the pursuit, based on Hartford Police Department and Statewide Policies and Procedures.

Lieutenant Laureano stated that because the situation was rapid and because he only wanted pertinent information to be broadcasted on the radio transmission, he did not inquire about the amount of

lAD I-File # 2016-005 Serving the Capital City Page 117

Hartford Police Department vehicles involved in the pursuit. Lieutenant Laureano also stated that "the onus is placed on the officer." Lieutenant Laureano stated that when he arrived on Flatbush Avenue, it was a chaotic scene with emergency lights and sirens still activated on some vehicles. He did not observe officers using force.

Lieutenant Laureano did hear Sergeant St. John, over the radio, asking for help on Park Street. Lieutenant Laureano made the decision to order officers, who were not directly involved in the pursuit, to go assist Sergeant St. John and to ensure "we didn't lose Park Street."

Lieutenant Laureano then ordered Sergeant Brooks to immediately start reviewing cruiser camera footage because he believed that Sergeant Brooks would be the investigator for the special investigative report (SIR). A SIR is required for any motor vehicle pursuit and for accidents involving police vehicles.

The interview concluded at approximately 1206 hours and remains on file with the Hartford Police Department Internal Affairs Division.

20. On Friday, November 11, 2016, at approximately 1515 hours, Lieutenant Coates and I conducted a recorded interview with Sergeant Jeffery Morrison. This interview took place at the City of Hartford Public Safety Complex Intemal Affairs Division Conference Room. Sergeant Morrison was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Sergeant Morrison elected, under the Weingarten Ruling, to have Union Representatives Officers Michael Kuchy and John Rolando present. A summary of Sergeant Morrison's interview is as follows:

On June 4, 2016, Sergeant Morrison was the South District Patrol Supervisor. Sergeant Morrison was in the parking lot of 134 Affleck Street when the motor vehicle pursuit began. Sergeant Morrison was not directly involved in the motor vehicle pursuit but was monitoring the pursuit via radio transmissions.

Sergeant Morrison stated that the motor vehicle pursuit was allowed to continue because a police detective was struck by the stolen motor vehicle. Sergeant Morrison believed that Sergeant Brooks and Lieutenant Laureano were in command of the pursuit. Sergeant Morrison stated that on Flatbush A venue, the "pursuit was coming at me." He observed sparks emanating from the driver's side front wheel, numerous marked vehicle attempting to stop the motor vehicle, and police officers on foot around the stolen motor vehicle.

Sergeant Morrison observed the stolen vehicle boxed in and Sergeant Morrison stayed in his vehicle, with his foot on the brake and the transmission in drive. The stolen vehicle went into reverse and created a gap between Sergeant Morrison's patrol vehicle and the stolen vehicle. Sergeant Morrison believed that this was a deadly force situation, so he made "gentle contact" with the front left fender of the stolen motor vehicle. The stolen motor vehicle was still moving, so Sergeant Morrison "gently" pushed the gas pedal and pushed the stolen motor vehicle against the granite curb, to not allow the pursuit to continue. Sergeant Morrison believed that he was going less than 3 to 4 miles per hour.

Sergeant Morrison stated that both occupants of the stolen motor vehicle were actively resisting. Upon further inquiry, Sergeant Morrison stated he stayed in his motor vehicle until the operator (Mr. Perez) was removed from the stolen motor vehicle. Sergeant Morrison then exited his vehicle and observed

lAD I-File # 2016-005 Serving the Capital City Page liS

officers taking Mr. Perez into custody. He quickly evaluated the situation and believed that there was enough officers there to take Mr. Perez into custody, so he walked around the back side of his marked supervisor SUV. Sergeant Morrison observed Mr. Diaz being taken into custody by multiple officers, so Sergeant MatTison decided to tell multiple officers to shut their sirens off. Sergeant Morrison estimated that approximately twelve marked vehicles still had their sirens activated, making it very difficult to communicate.

Upon inquiry by Lieutenant Coates, Sergeant Morrison stated that based on his actions, he was able to stop the motor vehicle pursuit. Sergeant Morrison also stated that he observed no police officer using force that he deemed excessive.

Sergeant Morrison reported that he did not view any cruiser camera footage or radio transmissions before completing his supplemental report.

The interview concluded at approximately 1524 hours and remains on file with the Hartford Police Department Internal Affairs Division.

21. On Friday, November 11, 2016 at approximately 1534 hours, Lieutenant Coates and I conducted a recorded interview with Sergeant Giovoni Dicenso. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Sergeant Dicenso was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Sergeant Dicenso elected, urtder the Weingarten Ruling, to have Union Representatives Officers Michael Kuchy and John Rolando present. A summary of Sergeant Dicenso's interview is as follows:

On June 4, 2016, Sergeant Dicenso was the Central District Patrol Supervisor. Sergeant Dicenso was on Farmington A venue when the pursuit was "patched" over the Patrol 1 and Patrol 2 radio channels. Sergeant Dicenso stated that he was "slowly" making his way to the area of the pursuit, but did not directly supervise the pursuit because it was a pursuit in the South District.

Sergeant Dicenso arrived on Flat bush Avenue after the pursuit concluded. Sergeant Dicenso described a chaotic scene, with many vehicles having their lights and sirens activated, motor vehicle accidents, and outside law enforcement agencies on scene. Sergeant Dicenso did not observe any officers using force.

Sergeant Dicenso was observed walking near Sergeant Spell, approximately five seconds before Sergeant Spell utilized force on Mr. Diaz. Sergeant Dicenso stated that at the time of the use of force, he was walking away, with his back towards Sergeant Spell. Sergeant Dicenso did not observe Sergeant Spell use force.

Sergeant Dicenso was directed by Lieutenant Powell that he would then be supervising the South District, since Sergeant Morrison was involved in a motor vehicle accident and would be on scene for a prolonged period of time.

The interview concluded at approximately 1538 hours and remains on file with the Hartford Police Department Internal Affairs Division.

lAD I-File # 2016-005 Serving the Capital City /' age f19

22. On Friday, November 11, 2016, at approximately 1603 hours, Lieutenant Coates and I conducted a recorded interview with Lieutenant Michael Reynolds. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Lieutenant Reynolds was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Lieutenant Reynolds elected, under the Weingarten Ruling, to not have a union representative present. A summary of Lieutenant Reynolds' interview is as follows:

On June 4, 2016, Lieutenant Reynolds was assigned as the Headquarters Lieutenant. Lieutenant Reynolds was partnered with Lieutenant Ian Powell. Lieutenant Reynolds believed that he was in the City of Hartford Public Safety Complex when the pursuit began. Lieutenant Reynolds and Lieutenant Powell responded to the area of Park Street to ensure that Detective Cruz was not in need of assistance. Lieutenant Reynolds believed that Lieutenant Laureano was monitoring the pursuit because "his units were following the car."

Lieutenant Reynolds eventually arrived on Flatbush Avenue, after the pursuit had concluded. Lieutenant Reynolds stated that he did not observe any officers use force and believes that he was the last officer to arrive on scene. Lieutenant Reynolds believed that both occupants of the stolen motor vehicle were already in custody and in ambulances, before he arrived.

The interview concluded at approximately 1606 hours and remains on file with the Hartford Police Department Internal Affairs Division.

23. On Monday, November 14,2016, at approximately 1125 hours, Lieutenant Coates and I conducted a recorded interview with Lieutenant Ian Powell. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Lieutenant Powell was advised that this interview was part of an administrative interview and his Ganity Rights applied. Furthermore, Lieutenant Powell elected, under the Weingarten Ruling, to Union Representative Sergeant John Miller present. A summary of Lieutenant Powell's interview is as follows:

On June 4, 2016, Lieutenant Powell was assigned as the B-Squad Watch Commander. When the pursuit began, Lieutenant Powell believed that he was in the City of Hartford Public Safety Complex. Lieutenant Powell stated that when the pursuit began, it became very confusing due to radio transmission traffic and multiple incidents occuning. Lieutenant Powell stated that he responded, with Lieutenant Reynolds, to the area of Park Street to assist Sergeant St. John with a foot pursuit.

Lieutenant Powell stated that he was never involved in the motor vehicle pursuit and did not inquire about the pursuit because the pursuit was been overseen by both Sergeant Brooks and Lieutenant Laureano.

When Lieutenant Powell anived on Flatbush Avenue, the scene was secured and he believes that ambulances were leaving the scene. Lieutenant Powell did not observe any officers using force.

The interview concluded at approximately 1606 hours and remains on file with the Hartford Police Department Internal Affairs Division.

24. On Tuesday, November 15,2016, at approximately 1206 hours, Lieutenant Coates and I conducted a recorded interview with Sergeant Steven Kessler. This interview took place at the City of Hartford

lAD I-File # 2016-005 Serving the Capital City Pagel20

Public Safety Complex Internal Affairs Division Conference Room. Sergeant Kessler was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Sergeant Kessler elected, under the Weingarten Ruling, to not have a union representative present. A summary of Sergeant Kessler's interview is as follows:

On June 5, 2016, Sergeant Kessler was assigned as the supervisor of the Hartford Police Department Detention Facility. Sergeant Kessler stated that upon Mr. Diaz entering the sally port of facility, he observed him in hospital attire. Sergeant Kessler went into the intake area to observe Mr. Diaz and review the paperwork that was being provided. Sergeant Kessler did not have any conversation with Mr. Diaz. Mr. Diaz did not make any complaints to Sergeant Kessler and none of the booking staff notified Sergeant Kessler that Mr. Diaz was making a complaint.

The interview concluded at approximately 1209 hours and remains on file with the Hartford Police Department Internal Affairs Division.

25. On Monday, November 21, 2016 at approximately 1232 hours, Lieutenant Coates and I conducted a recorded interview with Officer Stephen Barone. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Officer Barone was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Officer Barone elected, under the Weingarten Ruling, to have Union Representative Officer Joseph Sherbo present. A summary of Officer Barone's interview is as follows:

On June 4, 2016, Officer Barone was assigned to Hartford Police Department Patrol Unit 2. Officer Barone did aclmowledge that prior to the incident, he conducted a motor vehicle stop on a black Nissan Maxima. Officer Barone did not notify the City of Hartford Dispatch Center and did not obtain a traffic stop number for traffic stop prior to the pursuit. Upon inquiry, Officer Barone stated that he did not notify dispatch because there was significant amount of radio traffic. Officer Barone stated that he did not obtain a traffic stop number because when the stolen vehicle drove by him, he began to focus on that vehicle.

Prior to the interview, while reviewing cruiser camera footage, it appears that at multiple times, Officer Barone's camera abruptly stopped recording. When Officer Barone was asked why the camera was shut off during the initial traffic stop, he stated that since he went back to patrol a few months prior, he "commonly" turns the camera on and off on different calls for service. Officer Barone also stated that since the policy in regards to cruiser cameras was "kinda old," he was unsure as to what was relevant within the policy.

The camera abmptly shut off again on his approach to the conclusion of the motor vehicle pursuit on Flatbush A venue in West Hartford, Connecticut. Officer Barone stated that he was "not too good" with the cameras because he was in a Conditions Unit for two years, and their cruisers are not equipped with cameras. Officer Barone said that his "adrenaline was going through the roof' and was "trying to make it to the scene." Upon further inquiry, Officer Barone was asked that if these two factors were occurring, why his concern was turning off the camera instead of securing the suspects. Officer Barone then stated it was "muscle memory" to turn off the camera. Lieutenant Coates attempted to clarify with Officer Barone and referenced his report, where Officer Barone stated that he observed Hmiford Police Officers were actively attempting to get both occupants of the stolen motor vehicle into custody. Lieutenant Coates then asked, "In all this chaos, why would you take the time to shut

IAD I-File # 2016-005 Serving the Capital City Page 121

your camera off before you get out of the cruiser?" Officer Barone stated that he did not think it was "relevant" to continue to record the incident and Officer Barone denied shutting off the cruiser camera so it would not capture the suspects being taken into custody.

Officer Barone stated that when he approached the driver's side of the vehicle, he observed multiple officers, to include Detective Pillai and Officer William Cote, trying to take Mr. Perez to the ground and handcuff him. Officer Barone struck Mr. Perez in the right side of his body with his fist because his right arm was tucked underneath his body, near his waistband area.

Officer Barone stated that he was focused on the suspect and could not specifically describe which officers used what type of force. Officer Barone also stated that he was not directly involved in the pursuit of the stolen vehicle. Officer Barone did not observe any officer on scene use force which he would deem excessive.

We then spoke with Officer Barone about his conversation with Officer Luan Bojka, utilizing the I­Call System. Please note, the I -Call System allows officers to speak to each other one on one, while not utilizing the main patrol channels. Officer Barone stated that he is aware radio transmissions, to include !-Calls, can be obtained by the public. When Officer Barone was asked if a member of the public heard that portion of the radio transmission, could it reflect poorly on the police department, Officer Barone responded "In retrospect, probably." Officer Barone stated that he was only joking with Officer Bojka and was not attempting to have Officer Bojka change his report.

In regards to the search warrant application, Officer Barone stated that based on finding PCP in the vehicle and Mr. Perez's actions on scene, he believed probable cause existed to prepare a search warrant for Mr. Perez's to determine if he was operating under the influence of alcohol and/or drugs. Officer Cote was the co-affiant and the search warrant was reviewed by Sergeant Winston Brooks. On June 14, 2016, Officer Barone and Officer Cote brought the completed search and seizure warrant to GA14 in Hartford, Connecticut. After speaking with an inspector and an Assistant State's Attorney, Ms. Gail Hardy (State's Attorney for the Hartford Judicial District) "intersected" Officer Barone and Officer Cote. Ms. Hardy spoke with Officer Barone and Officer Cote, went into her office to review the search warrant application, and advised the officers that she would be in contact with them. As of November 21, 2016, Officer Barone has not had any follow-up contact with Ms. Hardy.

At the conclusion of the interview, Union Representative Officer Sherbo stated that it "appears the camera was malfunctioning" because the vehicle speed was not showing. Officer Sherbo also stated that no officer has received formal training on the camera system.

The interview concluded at approximately 1249 hours and remains on file with the Hartford Police Department Internal Affairs Division.

26. On Tuesday, November 22,2016, at approximately 1624 hours, Lieutenant Coates and I conducted a recorded interview with Detective Samuel Cruz. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Detective Cruz was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Detective Cmz elected, under the Weingarten Ruling, to not have a union representative present. A summary of Detective Cruz's interview is as follows:

lAD I-File # 2016-005 Serving the Capital City !' age 122

On June 4, 2016, Detective Cruz was in a plain-clothes assignment in an unmarked City of Hartford vehicle, which was equipped with emergency lights and sirens. Detective Cruz was with Detective Ryan Rea and Detective Abhilash Pillai. The vehicle was being operated by Detective Pillai and Detective Cruz was positioned in the driver's side rear seat of the vehicle. As the vehicle was on Lawrence Street, they realized that the vehicle they were following was the stolen motor vehicle. Detective Pillai utilized his police-issued radio to advise area units.

On Affleck Street, Detective Cruz believes that he observed Officer Cote and Officer Quaglini, both in a uniform assignment and in a marked vehicle, pull in front of the stolen vehicle. Detective Pillai pulled up behind the stolen motor vehicle and activated the lights. All three detectives were highly identifiable as police officers, wearing a tactical vest with "POLICE" on the vest. Detective Cruz observed an officer, who he cannot remember, attempt to pull Mr. Perez out of the driver's seat ofthe motor vehicle with no success. Detective Cruz was in the driver's side backseat of the stolen motor vehicle, with his legs out of the vehicle. Detective Cruz was trying to "pull" Mr. Perez out of the vehicle. Detective Cruz observed Mr. Perez continually attempt to shift the vehicle into reverse, which eventually was successful. Detective Cruz realized that at this point, he was either going to jump into the vehicle or jump out of the vehicle. Fearing that an officer would fire his weapon with Detective Cruz inside, he started to jump out of the vehicle. As he planted his foot onto the ground, the vehicle was going in reverse and the door struck Detective Cruz. Detective Cruz felt a "pop" and fell back into the unmarked vehicle before falling onto the ground. Detective Cruz was in "shock" and eventually re-entered the unmarked motor vehicle.

Detective Cruz stated that they were listening to the directions of the pursuit on the radio and were trying to locate the stolen motor vehicle. Detective Cruz stated that they were never engaged in the motor vehicle pursuit. Once the vehicle pursuit concluded on Flatbush Avenue, their vehicle arrived on scene less than a minute later.

Detective Cruz exited the motor vehicle and stated that his leg was hurting, so he was "limping running" to help everyone on scene. Detective Cruz believes that when he approached, Mr. Perez was getting tased by an unknown officer and it appeared that the taser was ineffective. Detective Cruz heard multiple officers giving loud, verbal commands, while Mr. Perez was in a boxing stance. Detective Cruz stated that he did not witness any use of force that he deemed excessive. Detective Cruz did not observe any use of force on the passenger of the motor vehicle.

Detective Cruz went to the hospital and due to swelling, an accurate diagnosis could not be diagnosed at the time. Detective Cruz was eventually diagnosed with a tear to his left quadricep and a tear to his left patella. Detective Cruz went onto workman's compensation and was out of work for approximately five weeks.

Upon inquiry, Detective Cruz agreed that his actions on Affleck Street would constitute a use of force per Hartford Police Department Policy and Procedure. Although Detective Cruz did document his use of force in his supplemental report, he did not obtain a use of force number as required by policy. Detective Cruz stated that it was an oversight to not complete the use of force fonn, based on his time out of work due to injury.

The interview concluded at approximately 1638 hours and remains on file with the Hartford Police Department Internal Affairs Division.

lAD I-File # 2016-005 Serving the Capital City f'agel23

27. On Tuesday, November 22, 2016, at approximately 1711 hours, Lieutenant Coates and I conducted a recorded interview with Detective Ryan Rea. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Detective Rea was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Detective Rea elected, under the Weingarten Ruling, to not have a union representative present. A summary of Detective Rea's interview is as follows:

On June 4, 2016, Detective Rea was in a plain-clothes assignment in an unmarked City of Hartford vehicle, which was equipped with emergency lights and sirens. Detective Rea was with Detective Cruz and Detective Pillai. The vehicle was being operated by Detective Pillai and Detective Rea was positioned in the passenger's side front seat of the vehicle. Detective Rea stated that he was highly identifiable as a police officer, wearing a tactical vest which stated "POLICE" and his detective badge hanging from his neck.

Once on Affleck Street, Detective Rea believes that Officer Sposito pulled in front of the stolen motor vehicle. Detective Rea then approached the passenger side of the vehicle, as he was giving loud verbal commands to the occupants of the stolen motor vehicle. Detective Rea observed Mr. Perez reaching towards the shifter of the motor vehicle, attempting to shift the vehicle into reverse. After the vehicle went into reverse, it fled northbound on Affleck Street. Detective Pillai stated that while operating the unmarked vehicle, he never engaged in pursuit and was only attempting to "catch up" to the stolen motor vehicle.

On Flatbush Avenue, Detective Rea stated that he approached Mr. Perez, but it appeared that there were enough officers present to take him into custody. After approximately three seconds, Detective Rea went to the passenger's side of the stolen motor vehicle. Detective Rea observed multiple officers on top of Mr. Diaz and giving loud verbal commands. Sergeant Morrison was giving instructions for officers to turn off their lights and sirens. Detective Rea could not specifically describe what officer was using what specific type of force. Detective Rea then returned to the vehicle he was in, to turn the lights and siren off. Detective Rea then provided attention to Detective Cruz.

Detective Rea stated that he did not use any type offorce on either occupant of the stolen motor vehicle and did not observe any type of force that he deemed to be excessive. Detective Rea further stated that he did not observe any officer use force on Mr. Diaz after he was handcuffed.

The interview concluded at approximately 1718 hours and remains on file with the Hartford Police Department Internal Affairs Division.

28. On Tuesday, November 22, 2016, at approximately 1726 hours, Lieutenant Coates and I conducted a recorded interview with Detective Abhilash Pillai. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Detective Pillai was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Detective Pillai elected, under the Weingarten Ruling, to have Union Representative Officer Michael Kuchy present. A summary of Detective Pillai's interview is as follows:

On June 4, 2016, Detective Pillai was in a plain-clothes assignment in an unmarked City of Hartford vehicle, which was equipped with emergency lights and sirens. Detective Pillai was with Detective Ryan Rea and Detective Samuel Cruz. Detective Pillai was operating the unmarked police vehicle.

IAD I-File # 2016-005 Serving the Capital City Page I 24

Detective Pillai stated that he was highly identifiable as a police officer, wearing a tactical vest with "POLICE" clearly displayed and his detective badge visible.

Once on Affleck Street, Detective Pillai could not remember what marked patrol unit pulled in front of the stolen motor vehicle. Detective Pillai was directly behind the stolen vehicle and activated the emergency lights. Upon approach, Detective Pillai observed Mr. Perez to be "frantically" attempting to shift the vehicle into gear. Detective Pillai pulled on Mr. Perez's shirt, to attempt to get his hands away from the vehicle's shifter. It was unsuccessful and Mr. Perez reversed the vehicle, causing Detective Pillai to react by striking Mr. Perez in the left forearm area to attempt to stop him. Mr. Perez then put the vehicle into drive and was able to flee northbound on Affleck Street. As soon as the three detectives returned to the vehicle, Detective Cruz advised Detective Pillai that he had been struck by the stolen motor vehicle.

Detective Pillai was never directly involved in the pursuit but continued to travel towards the area, in case the occupants "bailed out" of the motor vehicle. When Detective Pillai arrived on Flatbush Avenue, he observed Mr. Perez attempt to walk back to his vehicle. Officers were giving verbal commands throughout the incident, with Mr. Perez refusing to comply. Detective Pillai approached Mr. Perez from behind and pulled him to the ground. Mr. Perez fell on top Detective Pillai and with assistance, was able to free himself. Detective Pillai also observed Mr. Perez to have his hands underneath his body, near his waistband.

Upon inquiry, Detective Pillai did acknowledge that his hand was in the area of Officer Cote's stomach. Detective Pillai stated that he was feeling the effects of a taser deployment and believes that his reaction was to put his hands in the air. This inquiry was made after the video from Hartford Police Department Patrol Unit 6 shows a hand touch Officer Cote's stomach, after making multiple foot strike motions.

Detective Pillai handcuffed Mr. Perez and did not observe any officers use force after he was handcuffed. Detective Pillai did not observe any officer use force on the passenger of the stolen motor vehicle. Detective Pillai stated that he did not observe any type of force that he deemed excessive.

The interview concluded at approximately 1735 hours and remains on file with the Hartford Police Department Internal Affairs Division.

29. On Tuesday, November 22,2016, at approximately 1754 hours, Lieutenant Coates and I conducted a recorded interview with Officer Andrew Nelson, Jr. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Officer Nelson was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Officer Nelson elected, under the Weingarten Ruling, to have Union Representative Officer Michael Kuchy present. A summary of Officer Nelson's interview is as follows:

On June 4, 2016, Officer Nelson was in a plain-clothes assignment in a rental vehicle, which was not equipped with any emergency lights or sirens. Officer Nelson was with Officer Gregory Thomas. Officers Nelson and Thomas never became involved in the motor vehicle pursuit. Upon arrival on Flatbush Avenue, Officer Nelson began to approach the passenger side of the stolen motor vehicle and stated that he observed a "big swarm" of officers around Mr. Diaz, but was not close enough to observe any particular officer using force. As Officer Nelson got closer, no officers were using force. Officer

IAD I-File# 2016-005 Se,ing the Capital City Page 125

Nelson did not observe the operator of the stolen motor vehicle being taken into custody. Officer Nelson left the scene after a very short time and was ordered by Sergeant St. John to stay at the hospital with Detective Cruz, until he was discharged.

The interview concluded at approximately 1757 hours and remains on file with the Hartford Police Department Internal Affairs Division.

30. On Tuesday, November 22,2016, at approximately 1802 hours, Lieutenant Coates and I conducted a recorded interview with Officer Gregory Thomas. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Officer Thomas was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthermore, Officer Thomas elected, under the Weingarten Ruling, to have Union Representative Officer Michael Kuchy present. A summary of Officer Thomas' interview is as follows:

On June 4, 2016, Officer Thomas was in a plain-clothes assignment in a rental vehicle, which was not equipped with any emergency lights or sirens. Officer Thomas was with Officer Nelson. Officers Nelson and Thomas never became involved in the motor vehicle pursuit. Upon arrival on Flatbush A venue, Officer Thomas began to approach the passenger side of the stolen motor vehicle and believes that the passenger was already in custody. Officer Thomas did not observe any officer use force on either occupant. Officer Thomas left the scene after short time and went to the hospital with Officer Nelson, before returning to the Vice and Narcotics Division office.

The interview concluded at approximately 1805 hours and remains on file with the Hartford Police Department Internal Affairs Division.

31. On Monday, November 28, 2016, at approximately 1401 hours, Lieutenant Coates and I conducted a recorded interview with Officer Theodore Sposito. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Officer Sposito was advised that this interview was part of an administrative interview and his Ganity Rights applied. Furthermore, Officer Sposito elected, under the Weingarten Ruling, to have Union Representative Officer Nicholas Trigila present. A summary of Officer Sposito's interview is as follows:

On June 4, 2016, Officer Sposito was in full police uniform and operating a marked police vehicle. Also present was Officer Carlo Faienza and Officer Vincenzo Marfella. Officer Sposito stated that when he arrived on Affleck Street, his vehicle was behind the suspect vehicle at a distance. Officer Sposito ran to the passenger side of the stolen motor vehicle and heard multiple officers giving loud verbal commands. Officer Sposito observed the vehicle bacldng up, before fleeing north on Affleck Street. Officer Sposito stated it was a chaotic scene, with officers around the stolen vehicle and the doors still open.

Officer Sposito then re-entered his marked patrol vehicle. Upon inquiry in regard to Officer Sposito stating that he was "paralleling" the pursuit in his supplemental report, Officer Sposito stated that it was a mistake in his written report and he was "playing catch up." Officer Sposito was able to "catch up" to the stolen vehicle on what he believes was South Quaker Lane in West Hartford, Connecticut.

Officer Sposito was the third or fourth vehicle behind the stolen motor vehicle at this point. Officer Sposito stated that "stop sticks" were already deployed by the West Hartford Police Department, and

lAD I-File# 2016-005 Serving the Capital City /' age I 26

the vehicle was traveling at a low speed. Officer Sposito did not consider himself being part of the pursuit and was preparing for the occupants to flee the stolen vehicle.

When the stolen motor vehicle was traveling east on Flatbush A venue, Officer Sposito stayed next to it, with the thought that the occupants were going to flee from the stolen motor vehicle. Mr. Perez then swerved towards his motor vehicle and he attempted to avoid a collision, but was unsuccessful.

Officer Sposito, after the vehicle stopped shortly after, stated that as he approached the driver's side of the motor vehicle. Officer Sposito observed Mr. Perez standing near the vehicle and is unsure what happened, but that he ended up on the ground with Mr. Perez. Officer Sposito stated that officers were giving loud verbal commands to Mr. Perez during this time. Officer Sposito stated that he observed Mr. Perez to have his hands underneath his body and attempted to manipulate his left arm from underneath his body by pulling on Mr. Perez's left arm. Officer Sposito stated that Mr. Perez appeared to be under the influence of drugs, possibly PCP, based upon his strength and previous experiences with other individuals who have been under the influence of PCP.

Officer Sposito heard Officer Faienza yelling "taser" and then felt the effects of a taser, causing Officer Sposito let go of Mr. Perez as a reaction. Officer Sposito was focused on Mr. Perez's left arm and could not describe actions taken by other officers on scene.

Officer Sposito did not observe any officer use force on the passenger and did not have any interaction with Mr. Diaz. Otlicer Sposito did not observe any officer use force on either occupant after they were taken into custody.

At the conclusion of the interview, Officer Trigila (Union Representative) added that it did not appear that Officer Sposito was not directly involved in the pursuit, based on Officer Sposito's supplemental report and interview.

The interview concluded at approximately 1414 hours and remains on file with the Hartford Police Department Internal Affairs Division.

32. On Monday, November 28, 2016, at approximately 1438 hours, Lieutenant Coates and I conducted a recorded interview with Officer Carlo Faienza. This interview took place at the City of Hartford Public Safety Complex Internal Affairs Division Conference Room. Officer Faienza was advised that this interview was part of an administrative interview and his Garrity Rights applied. Furthennore, Officer Faienza elected, under the Weingarten Ruling, to have Union Representative Officer Nicholas Trigila present. A summary of Officer Faienza's interview is as follows:

On June 4, 2016, Officer Faienza was in full police uniform and the passenger in a marked police vehicle. Also present were Officer Sposito and Officer Marfella. Officer Faienza stated that when on Affleck Street, they were behind the suspect vehicle. There were both highly identifiable detectives

. and uniformed officers approaching the stolen vehicle. As Officer Faienza approach the driver's side of the vehicle, he observed the door open and Mr. Perez attempting to shift the vehicle out of the parked position. Officers on scene were giving loud verbal commands to "put the car in park" and "get out of the car." Mr. Perez responded by yelling profanities at the officers. Officer Faienza observed officers partially inside the vehicle while this was occurring. Mr. Perez then placed the vehicle in reverse, with the doors still open. Mr. Perez quickly put the vehicle in drive and the vehicle

lAD I-File # 2016-005 Serving the Capital City Page 127

fled north on Affleck Street, with the doors closing. Officer Faienza said that there was a lot of confusion, partially due to all the emergency lights activated.

Officer Faienza returned to the marked police vehicle and began to play "catch up." Officer Faienza wrote in his supplement that they paralleled the pursuit, but stated that it was a "poor choice of words." Officer Faienza believes that on South Quaker Lane in West Hartford, "stop sticks" were deployed. Officer Faienza stated that they were in close proximity because of the possibility of the suspects "bailing" from the stolen motor vehicle. On Flatbush A venue, Mr. Perez veered to the left and struck their marked police vehicle. Officer Faienza observed Officer Sposito attempt to tum away from the stolen motor vehicle, trying to avoid a motor vehicle collision.

Shortly after, Officer Faienza exited the marked police vehicle and unholstered his department-issued taser. Officer Faienza was several feet from Mr. Perez, gave loud verbal commands and observed Mr. Perez make movements as if he was going to run. Officer Faienza gave verbal commands, identifying himself as a police officer, to stop or he would deploy his taser. Mr. Perez did not comply and Officer Faienza deployed his taser.

Officer Faienza did not believe that the first taser deployment had any effect because he did not believe it made a "full connection," there was not "neuromuscular incapacitation," there was a loud clicking noise "indicative of a bad connection," and Mr. Perez did not react like he was effected. Prior to the second taser deployment, an officer was behind Mr. Perez and they both fell to the ground, with Mr. Perez on top of the officer. Officer Faienza gave more verbal commands before deploying the taser on a second occasion. Again, there was very little effect and he heard the same "clicking noise." Officer Faienza heard Mr. Perez "grunting" as officers were attempting to pull his hands out from underneath his body. Despite the physical struggle, Mr. Perez was able to continue to keep his hands underneath his body, so Officer Faienza utilized a "drive stun" on Mr. Perez's leg, based on his training. On this third deployment, Officer Faienza believed that he made contact because officers who had physical contact with Mr. Perez reacted as if they were exposed to the taser by pulling their hands away from Mr. Perez's body. Officers were able to gain control of one hand, however one of Mr. Perez's hands was still underneath his body. Officer Faienza gave more verbal commands and Mr. Perez refused to comply. Officer Faienza then utilized the "drive stun" a second time and officers were able to secure him. Based on Officer Faienza's training and experience, he believed that Mr. Perez was under the influence of "something" because he was showing a "tremendous amount of restraint" while being exposed to the taser.

Other than the taser deployments, Officer Faienza used no other type of force. Officer Faienza was focused on the suspect, referenced that he experienced "tunnel vision" and had to "keep an eye" on the front of the taser because he did not want to accidentally "drive stun" an officer. Due to these reasons, Officer Faienza could not describe any other officers' actions. Officer Faienza did not observe any officer use force on Mr. Perez after he was handcuffed. Officer Faienza had no interaction with the passenger of the motor vehicle and did not observe any officer use force on him.

The interview concluded at approximately 1452 hours and remains on file with the Hartford Police Department Internal Affairs Division.

33. On Thursday, December 8, 2016, at approximately 1506 hours, Lieutenant Coates and I conducted a recorded interview with Officer Gamaliel Perez. This interview took place at the City of Hartford

lAD I-File # 2016-005 Serving the Capital City Page 128


Recommended