South Carolina Law Enforcement Division Case Status Report INFORMATION DESCRIPTION CASE NUMBER 32-15-0053 OPEN COMPLETED Cross Ref. No Active Date -Un-founded Character 43 Under Pros. Review Declined Character Details 018 Suspended Adjudicated Awaiting Court Ex. Cleared Opening Date 04/21/15 Closing Date 6-15?15 Lab Number Pough, Freddie Lt. Baker, K. W. Case Agent initials) Assisting Agent (last name, initials) Supervisor (last name, initials) Requesting Agency Lexington County Sheriff" 3 Office Name Sheriff Lewis McCarty SLED Authority Capt. Robertson, T. Date Received 4/21/15 Incident Date 4/21/15 Incident Location Lexington County Subject (last name, first name, middle initial) Victim (last name, ?rst name, middle initial) Ricciardi, Chris Key, Kimber Subject Vehicle(s): Remarks: Request from the Lexington County Sheriff's Of?ce for assistance with an Of?cer Involved Shooting. Assistant Solicitor Robert McNair of the 1 1th Judicial Circuit reviewed the provided SLED case report and based upon his review saw no evidence of any criminal wrong doing. This case is to be closed. Approved Supervisor: min/w Date: M?/?a/jj . Approved Admin. Supervisor: Date: Form R0-031 (Rev. 7-24-06) CALEA 42.1.3, 82.1.5. 82.2.3 aerate of South GLa-rnlina @ffire at the @nitritnr @12thth Euhirzial QEtrtuit COUNTIES LEXINGTON COUNTY JUDICIAL CENTER EDGEFIELD 205 E. MAIN ST. ROOM 309 SALUDA LEXINGTON, SOUTH CAROLINA 29072 FAXES: (803) res?8431 or (303) 735-8255 TELEPHONE: (803) 785-8352 DONALD V. NIYERS ?o?citnt June 10, 2015 VIA HAND DELIVERY Special Agent Freddie Pough South Carolina Law Enforcement Division PO. Box 21398 Columbia, SC 29221 Re: Deputy Chris Ricciardi Officer Involved Shooting SLED Case Number: 32-15-0053 Dear Agent Pough: I have reviewed the material you have provided me on this case. Based upon my review of the information provided, there is no evidence of any criminal wrongdoing. In fact, Deputy Ricciardi?s actions appear to have been both reasonable and necessary under the circumstances. Should you obtain any additional information that you feel is pertinent to this investigation, please let me know so we can discuss this matter further. Please feel free to contact me with any questions or concerns. K. Robert E. McNair Assistant Solicitor FINAL CASE REVIEW SUMMARY No. 592 5? 0053 AGENT: - have completed this investigation concerning the above Captioned case. I have prepared this report and reviewed it to ensure that. it has been comprehensively investigated, is accurate and it complies with the SLED Quality Control standards, On Qt) NE, 2ot? submitted this report to Lt,. Bit i1 for his/her review. . - Agent Pod} 5. LIEUTENANT: On - i received the above captioned case, i have thoroughly reviewed this report to ensure that it has been comprehensively investigated, is accurate and it complies with the SLED Quality Standards. if necessary, have inserted comments directing that appropriate - corrections be made. Oh i Submitted this report to the Quality Control Lt., for his/her reviewQUALITY CONTROL LIEUTENANT: On I'O?t?l?c 3410/5] i received the above captioned case. i have thoroughly reviewedthis report to ensure that it has been comprehensively investigated, is accurate and it complies with the SLED Quarks/Control _lf that appropriate .. .. corrections be made. l'have ensuredthat all corrections, if any, have been made and this report is. ready for its final review. On- 1 submitted is report to Special Agent in arge, 'Captain arm for@her review. - . Lt. may. CAPTAINreceived the above captioned case, have thoroughly-reviewed this report to ensure that it has been comprehensively investigated, is accurate and it Complies with the SLED Quality Control Standards: If necessary, l?have inserted Comments directing that appropriate corrections be made/l have ensu?red that all corrections, if any, have been made . . and this report/is ready/for distr Litton. Captain . r' South Carolina Law Enforcement Division Case Status Report INFORMATION DESCRIPTION CASE NUMBER 32-15-0053 OPEN COMPLETED CLOSED Cross Ref. No i Active Date Unfounded Character 43 Under Pros. Review Declined Character Details 018 Suspended Adjudicated Awaiting Court Ex. Cleared Opening Date 04/21/15 Closing Date Lab Number Pough, Freddie Lt. Baker, K. W. Case Agent (last name, initials) Assisting Agent (last name, initials) Supervisor (last name, initials) Requesting Agency Lexington County Sheriff?s Of?ce Name Sheriff Lewis McCarty SLED Authority Capt. Robertson, T. Date Received 4/21/15 Incident Date 4/21/ 15 Incident Location Lexington County Subject (last name, ?rst name, middle initial) Victim (last name, ?rst name, middle initial) Ricciardi, Chris Keith, Kimbel Subject Vehicle(s): Remarks: Request from the Lexington County Sheriff?s Of?ce for assistance with an Officer Involved Shooting. Approved Supervisor: Date: - Approved Admin. Supervisor: - Date: Form RO-031 (Rev. 7-24-06) CALEA 42.1.3, 82.1.5. 82.2.3 SOUTH CAROLINA LAW ENFORCEMENT DIVISION NIKKI R. HALEY MARK A. KEEL Governor Chief June 8, 2015 INVESTIGATIVE REPORT TO: File 32-15?0053 FROM: Special Agent Freddie B. Pough RE: Of?cer Involved Shooting Deputy Chris Ricciardi (Subject Kimber Key (Subject COUNTY: Lexington Introduction On April 21, 2015, the South Carolina Law Enforcement Division (SLED) received a request from the Lexington County Sheriffs Department (LCSD) Lieutenant (Lt) Jennifer Burns to investigate an officer involved shooting in Lexington County, SC. According to Lt. Burns and a LCSD Incident Report (Attachment 1), LCSD Deputy (Dep) Chris Ricciardi discharged his weapon while answering a call for service to conduct a welfare check on a suicidal subject. Ricciardi, who was also with his Sergeant (Sgt) Jeff Weed, entered the incident location and immediately encountered the subject, later identified as Kimber Key. Key was brandishing a knife and approached the deputies in an aggressive manner. Ricciardi discharged his duty weapon, striking Key, whom later died from his injuries. SLED Captain (Capt) Tommy Robertson assigned Special Agent Freddie Pough to conduct the investigation. 5 rem-r: a; 11.2%; An Accredited Law Enforcement Agency PO. Box 21398 Columbia. South Carolina 29221-1398 (803) 737?9000 Fax (803) 896?7588 Columbia, South Carolina 29221?1398 (803) 737-9000 Fax (803) 896?7588 File 32?15?0053 Page 2 Summary On April 28, 2015, Pough and SA Jeremy Smith interviewed Dep. Ricciardi with his attorney Vinton D. Lide present. Dep. Ricciardi presented a prepared written statement (Attachment 2) that contained the following information: He was diSpatched to a secure the scene call, where the caller was advising that his brother was holding a knife and threatening to harm himself. When he arrived at the incident location he was joined by Sgt. Weed. They were met by the homeowner, Dale Key, who walked them into the house. Upon entering the residence he immediately encountered Kimber Key, who was holding a knife by his side. He ordered K. Key to drOp the knife, to which he replied, ?you?re going to have to fucking shoot me.? Dep. Ricciardi continued to order K. Key to drop the knife, but instead of replying or complying, K. Key just stared as if he was deciding what to do next. K. Key then raised the knife to chest level and started coming toward him and Sgt. Weed, at a fast pace. K. Key closed the gap to approximately 8 feet, and, out of fear for their lives, Dep. Ricciardi discharged his service weapon one time. K. Key fell to the ground and Dep. Ricciardi could see where K. Key had been struck with a Taser as well. Still holding the knife, K. Key fell to his knees and then to the floor, landing on his back. Dep. Ricciardi could then see blood coming from the right side of K. Key?s chest. Deputy Alex Mountzorous then entered the residence with his service weapon drawn and ordered K. Key to drop the knife. He complied. Dep. Mountzorous then began applying pressure to K. Key?s wound as Sgt. Weed notified dispatch and requested EMS. On April 28, 2015, Pough and Smith interviewed Sgt. Weed with his attorney Vinton D. Lide present. Sgt. Weed presented a prepared written statement lAttachment 3) that contained the following information: He was dispatched to a secure the scene call, where the caller was advising that his brother was holding a knife and threatening to harm himself. When he arrived at the incident location he was met by Dep. Ricciardi, who arrived just before him. Dep. Ricciardi was making entry into the home through the garage, and Sgt. Weed did the same. He noticed that Ricciardi had drawn his service weapon, so he deployed his department issued Taser. Upon entering the home, he heard Dep. Ricciardi state, drop the knife, but he could not see the person. He then made his way into the kitchen where he encountered a white male, approximately six feet away from them. The male. later identified as Kimber Key, was holding a knife to his chest. K. Key then stated. ?you are going to have to fucking kill me" and started File 32?15?0053 Page 3 coming towards them. Out of fear for his life and Dep. Ricciardi?s, he discharged his Taser. In the same moment, he heard the sound of a ?rearm being discharged. K. Key fell to the ?oor and he saw blood coming from K. Key?s chest. At that time, Dep. Mountzorous was entering the residence; he handed him a towel. Dep. Mountzorous began applying pressure to K. Key?s wound. Sgt. Weed then noti?ed dispatch and requested EMS. On April 21, 2015, Pough interviewed Dep. Alex Mountzorous and obtained a voluntary written statement (Attachment 4) that provided the following information: He was dispatched to the incident location to secure the scene for a suicidal subject. Per DiSpatch, the caller, Dale Key, who was the subject?s brother, advised that the subject had just left the hospital for kidney stones but was not treated due to a long wait time. D. Key stated that his brother had a knife and was going to harm himself. Upon arriving at the incident location, Dep. Mountzorous heard Dep. Ricciardi yell, ?He still has the knife, he?s in the house?. Dep. Mountzorous exited his vehicle and started towards the house, as he watched Dep. Ricciardi and Sgt. Weed make entry through the garage door. Moments later he entered the residence, and, as he did, he heard a loud bang followed by what sounded like a taser ?cycling?. He then entered the kitchen where the altercation had occurred and encountered K. Key lying on the ?oor with a knife in his hand. Dep. Mountzorous drew his service weapon and ordered K. Key to dr0p the knife, which he did. He then kicked the knife out of reach, handcuffed K. Key for their protection and began applying pressure to K. Key?s wound, while Sgt. Weed called for EMS. On April 21, 2015, Pough interviewed Dale Key and obtained a voluntary written statement (Attachment 5) that provided the following information: His brother Kimber Key had been living with him for the past seven months. Recently K. Key had been depressed because he had been unable to find work. He also had a tough time acclimating to the winter months of South Carolina, with him being from Florida. While at work on April 21, 2015, D. Key received a call from his brother who informed him that he was in severe pain from his kidney stones. D. Key told K. Key to drive to Palmetto Health Baptist Parkridge, and he would meet him there. When he arrived at the hospital he went into the Emergency Room (ER) and began to wait with his brother. While waiting, K. Key was pacing the floor trying to ease the pain. The pain failed to subside, and he became irritable and slammed some furniture. At that time, a security officer File 32?15?0053 Page 4 approached them and asked K. Key to calm dOWn. K. Key told D. Key that if he had a knife or a gun that he would end it all. D. Key then advised the security of?cer of the statements made by his brother. K. Key then told D. Key that he was going home where knives were and for him not to follow him. D. Key left behind K. Key and dialed 9?1?1. When they arrived at home, K. Key went into the kitchen and grabbed a knife. While still on the phone with the dispatcher, D. Key pleaded with him to put the knife down. When deputies arrived, D. Key let them in through the garage. One deputy deployed his handgun; the other deployed a Taser. As they entered through the garage, they immediately encountered K. Key in the kitchen and asked him two or three times to drop the knife. D. Key saw a look in K. Key?s as he came toward the deputy with the knife. One of the deputies discharged his firearm and struck his brother. K. Key fell to the ground and the deputies continued to give verbal commands for him to drop the knife, which he did at that time. They then removed D. Key from the kitchen and began rendering aid to K. Key. Lakeisha M. Jones, a Patient Support Technician with Palmetto Health, provided a prepared typed statement (Attachment 6) to Pough, which provided the following information: She greeted K. Key at the ER. He was complaining of pain due to kidney stones. After the initial triage process, K. Key was returned to the waiting area due to the ER being full of patients. He was upset and pushed chairs around. The hospital Security Of?cer went to check on K. Key. and then came to her and said, ?Mr. Key told him he was going to slit his wrist?. She informed the Charge Nurse, Stephen, who told her, along with security, to keep an on K. Key. Shortly afterwards, K. Key left the ER. On April 23, 2015, Michael Richburg, a security officer at Palmetto Health, provided a statement (Attachment 7) to Pough, which provided the following information: He approached K. Key and his brother in the waiting roeni ofthe hospital. K. Key was in pain due to kidney stones and was slamming chairs on the ?oor. Key?s brother informed Richburg that his brother was going to harm himselfif he could not be seen. Richburg informed the nurse tech at the front lobby ofthe situation. Afterwards, K. Key and his brother left the ER. On May 20. 2015. Stephen Thomas, a Registered Nurse with Palmetto Health, provided a statement (Attachment 8) to Pough, which provided the following information: On April File 32?15?0053 Page 5 21, 2015, he received a call from Lakeisha Jones, who advised that a patient (K. Key) was going to cut his wrist, because he was in so much pain. Thomas checked Key?s triage notes, which showed he was suffering from kidney stones. He told Jones to let K. Key know that he would work to get him back, but it would still be a while. He advised her to have security keep an on the patient. K. Key decided to leaVe the hospital before seeing a doctor. The following items were obtained pertinent to this investigation: Written Statement Gary Creswell (Attachment 9) First Call to 9?1?1 (Attachment 10) 9?1?1 Call that was transferred from Richland to Lexington (Attachment 11) 9?1?1 Call capturing the dialogue between the caller and the subject (Attachment 12) EMS Run Sheet (Attachment 13! Radio traf?c after the shooting (Attachment 14) Taser Log effWeed (Attachment 15) Search Warrant (Attachment 16! Autopsy Report (Attachment 171 Lexington County Coroner?s Report (Attachment 18) Palmetto Health Baptist Parkridge Medical Records (Attachment l9) SLED DNA Evidence Report (Attachment 20) SLED Firearms Report (Attachment 21) SLED Toxicology Report (Attachment 22! SLED CSI Pictures (Attachment 23) SLED CSI Report (Attachment 24! A copy of this report will be submitted to the proper prosecutorial authority for their review. gm 4ng . Ml. Freddie B. Pough File 32-15-0053 Page 6 Attachments Incident Report LCSD Written Statement Chris Ricciardi Written Statement Jeff Weed Written Statement Alex Mountzorous Written Statement Dale Key Written Statement Lakeisha Jones Written Statement Michael Richburg Written Statement Stephen Thomas Written Statement Gary Creswell . First Call to 9?1?1 . 9?1?1 Call that was transferred from Richland to Lexington . 9-1?1 Call capturing the dialogue between the caller and the subject . EMS Run Sheet . Radio traffic after the shooting . Taser Log Jeff Weed . Search Warrant . Autopsy Report . Lexington County Coroner?s Report . Palmetto Health Baptist Parkridge Medical Records . SLED DNA Evidence Report . SLED Firearms Report . SLED Toxicology Report . SLED CSI Pictures . SLED CS1 Report