Case 2:11-cv-05138-WY Document 23-1 Filed 08/15/13 Page 1 of 4 EXHIBIT A Case 2:11-cv-05138-WY Document 23-1 Filed 08/15/13 Page 2 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BERNADETTE WINANS, As Administrator of the Estate of CARMELO WINANS, deceased and on behalf of Minor Plaintiffs HAROLD JHAMIR WINANS AND JHANAE BECKHAM Plaintiff, v. CITY OF PHILADELPHIA, et al. Defendants. : : : : : : : : : : : : : Civil Action No. 11-5138 JURY TRIAL DEMANDED DEFENDANT’S STATEMENT OF UNDISPUTED FACTS 1. On March 13, 2011, Carmelo Santiago noticed his son, Carmelo Winans, exhibiting strange behavior.1 See, Exhibit B, DEPOSITION OF CARMELO SANTIAGO at 50:21-51:10. 2. Carmelo Winans high on drugs, and was acting erratically, appeared paranoid, and speaking in broken phrases about God. Id. at 50:21-51:10; 63:2-6. 3. Mr. Santiago watched his son go into the kitchen, grab a steak knife, and put the knife to his throat. Id. at 59:5; 62:14-16. 4. Santiago observed his son pressing the knife to his throat. Id. At that point, he believed his son was going to commit suicide. Id. at 63:7-10. 5. Santiago and his father (Carmelo Winan’s grandfather) repeatedly told Carmelo to put the knife down. Id. at 61:14-62:13. At no time did Carmelo listen to his family members and put the knife down. Id. 1 Plaintiff Bernadette Winans was not present during the incident. Case 2:11-cv-05138-WY Document 23-1 Filed 08/15/13 Page 3 of 4 6. Carmelo Santiago left the room to call the police. Id. at 63:4-10. Santiago testified left the room because he was concerned that if his son saw him calling the police, he may kill or hurt himself. Id. 7. Officer Nicoletti and Officer McCarthy arrived on scene at Plaintiff’s home. Id. at 70. 8. Carmelo Santiago let them in the house and pointed them towards the kitchen. Id. at 70:821. 9. Officer Nicoletti began to talk to Carmelo, who still had the knife at his throat. Id. at 72:24. 10. The officers both had their firearms drawn, but pointed towards the ground. Id. at 74-16. 11. At some point, Carmelo Winans began to put the knife down and Officer Nicoletti lunged towards him. Id. at 77:1-10. 12. A struggle ensued between Carmelo Winans and Officer Nicoletti. Id. 13. During the struggle, Officer Nicoletti was shot. Id. at 77:12-20. 14. Officer Nicoletti fell backwards. Id. 15. Officer McCarthy, also observing the incident, fired two times after he observed deadly force used on his partner. Id. 78:2-10. 16. Carmelo Winans died as a result of his injuries from the incident. Id. 17. Philadelphia Police Department Directive 10 contains the Department's policy and procedures governing the use of deadly force by police personnel. Exhibit C, Philadelphia Police Department (“PPD”) Directive 10, “Discharges of Firearms by Police Personnel.” 18. As part of their police recruit training, Officers Nicoletti and McCarthy were instructed and tested on the use of deadly force, using, in pertinent part, state-mandated training Case 2:11-cv-05138-WY Document 23-1 Filed 08/15/13 Page 4 of 4 materials on Use of Force and the Philadelphia Police Department's Directive 10. Exhibit D, Philadelphia Police Academy course outline for Officer Nicoletti and Officer McCarthy. 19. Philadelphia Police Department Directive 136 provides guidelines to aid and protect the interests of a severely mentally disabled person. Exhibit E, Philadelphia Police Department (“PPD”) Directive 136, “Severely Mentally Disabled Persons” 20. Both officers received training and classes in Crisis Emergency. Id. 21. Officer McCarthy in particular received training and classes in Mental Health issues. Id. 22. There are no medical or treatment records which indicate Carmelo Winans suffered from a mental disability. Respectfully submitted, Date: August 12, 2013 /s/ Amanda C. Shoffel_ AMANDA C. SHOFFEL Deputy City Solicitor City of Philadelphia Law Department Civil Rights Unit 1515 Arch Street, 14th Floor Philadelphia, PA 19102