DAYTONA BEACH POLICE DEPARTMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

  

   

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

  
     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3 Juvenile Hate Crime INCI ENT REPORT Page 1 0f4?P3995
El Gang Elderly Abuse Exploitation Agency Report Number
'3 Domestic Violence VOR 160018946
I (01h Agency ORI Number Zone til Telephone Handled 1. Yes
Cl angers er FL0640100 0842 can rr.H.c.t 2. No I2
Reported: Day Date Tame (mil.) TIITIS Dispatched (mil.) Time Arrived (mil.} Time Completed (mil.) Nature of Call [Report Type)
Thursday 09-08-2016 0301 0301  0302 ABAT AssaultIBatteryt'UCR class)
Incident Type: 3. Misdemeanor 5. Ordinance Incident: Day Date Time (mil.) Day Date Time (mil.) Occurred During:
1. Felony 4. Traf?c 9. Other From TO - Day - Unknown
2. Traf?c Felony Misdemeanor Thursday 09-08-2016 0301 Night 
Offense Type Statute Violation Number Description A- Attempted
st #1 1 qu Weapon wfo Intent-Kill - Committed '0
Statute Viotation Number Description A Attempted
#2 - Committed
Incident Location (Street. Apt. Number) City Zip
LLI PROGRESS NORMA DR DAYTONA BEACH 32114
Business Name I Area Identi?er y) pram Entered Drug Related Alcohol Related Forced Entry Arson-lnhabiled ArsoneAttempted
Attempted 1. Occupied 3. Abandoned Unoccupied 2. No
Location Type Location Type Codes
01.Residence43ingle 05.Convenience Store 09.5upermarket 13.BanldFinanciai Inst. 1?.Gov?VPublic Bldg. 21 .Airport 25.Parking Lotr?Garage 29.Motor Vehicle
02.Aparlmentr?Condo 08.Gas Station 10.Depl.(DIscount Store Bldg. 18.3choolr?University 22.BueIRait Terminal 26.HighweyIRoadway 30.0ther Mobile
26 03.ResidenceIOther 07.Liquor Sales 11.Specialty Store 15.Industrialfog. 19.Jail(Priscn 23.Constn.rctton Site 2?.PaddWoodlandsIField BBUnknown
- - . . 
VAN Code VtctimiSubjecl Type Type Race Sex Residence Type Residence Status
V-Victim N-Next of Kin 0- WA 4- Business a. BusinessNVork M. Message P. Pager VII-White O?Drientalt'Aeian M-Male 0. NA 3. Florida a. WA
00 VII-Witness O-Olher Eagles. g??r?mem 0. Cell N. Next of Rio 3. School lat-Black U-Unknovvn F-Female 1. City 4. Out-of-State gull freer
R-Reporting Person 3: Adult 9: Other H. Home O. Other V. Vacation l-Americen Indian U-Unknown 2. County 3: Nag-Rigident
0 Means of Attack Extent of Injury' Domestic Violence Victim Relationship to Offender
F-Firearm 0-0lher Dangerous 00.NIA 03.Laceration UliPoss. lntemal Injury 09.AbrasioneIEln.rises 1 Yes S-Spouse B-Slblirig z-Other
K?Knifer?Cutting Inst. H-Hends. Fists. Feet. Etc. 01.Gunshot 04.Unconscio_us 07.Loas of Teeth 10.No Visible Iniury P-Parent O-Oiher Family
. 2. No .
02.8tabbad Be as riou -
Offense Indicator VIW Code V. Type Nature of Call (for Victim. if different from Incident) Name (Lest-Business) (First) (Middle)
1. #1 3. Both
2 e2 1 3 31mm MICHELLE
LIJ Address (Street. Apt. Number} City State Zip Residence Phone
129 VALOR BLVD DAYTONA BEACH FL 32114
BusinessISchooliOIher Address (Street, Apt. Number) City State Zn - Address T5013 BusinestchoollOihar Phone Phone Type
. .
I: Other Contact Info (Time Available, Interpreter, etc.) Synopsts of Involvement
0
Race Sex Date of Birth Age Ethnicity Res. Type Res. Status Means of Attack Extent of Injury Domestic Violence Relationship
ft' .. 03-19-1990 26 1 1 00 2
(tense Indicator Code V. Type Nature 'of Call (for Victim, if different from Incident) Name (Lastr73usiness) (First) (Middle)
00 1. #1 3. Both
2. #2
Address (Street. Apt. Number) City State Zip Residence Phone

BusinessiSchoolr'OIher Address (Street. Apt. Number) City State Zip Address Type BusinessiSchoollOther Phone Phone Type
Other Contact Info (Time Available. Interpreter. etc.) Synopsis of Involvement

Race Sex Date of Birth Age Ethnicity Res. Type Res. Status Means of Attack Extent of injury Domestic Violence Relationship
. Offense Indicator VAN Code V. Type Nature of Call (for Victim. If different from Incident) Name (LasttBusiness) (First) (Middle)
00 1. #1 3. Both
a) 2 #2
Address (Street. Apt. Number) City State Zip Residence Phone

BusinessiSchoolIOlher Address (Street, Apt. Number) City State Zip Address Type BusinessiSchooUOther Phone Phone Type
. . .
I: Other Contact Info (Time Available. Interpreter. etc.) Synopsis of Involvement

Race Sex Date of Birth Age Ethnicity Res. Type Res. Status Means of Attack Extent of Injury Domestic Violence Relationship
Offense Indicator VAN Code at V. Type Nature of Call [for Victim. It cr?erant trom Incident) Name (Lasti Business) (First) (Middle)
.00 1. #1 3. Both
00 2 #2
Address (Street, Apt. Number) City State Zip Residence Phone

Address (Street, Apt. Number) City State Zip Address Type Phone Phone Type
.
I: Other Contact Info (Time Available. Interpreter. etc.) Synopsis of Involvement

Sex Date of Birth Age Ethnicity Res. Type Res. Status Means of Attack Extent of InIury Domestic Violence Relationship
I: a 0T.
Offense Indicator WW Code V. Type Nature of Call (for Victim. if different from Incident) Name (Last:r Business) . (First) (Middle)
03 1 . #1 3. Both I
0'3 2. #2
111 Address (Street. Apt. Number) City State Zip Residence Phone
ausinessiSchoolIOIher Address (Street. Apt. Nu mber) City State En Address Type Bust nessiSchoolI Other Phone Phone Type
I
Other Contact Info (Time Available, interpreter, etc.) Synopsis of involvement
0
Race Sex Date of Birth Age Ethnicity Res. Type Res. Status Means cfAttack Extent of Injury Domestic Violence Relationship

 

 

 

 

INCIDENT REPORT (CONT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 2 of LPages
Offense indicator Subject Code Code It Sub). Type Name (Last) (First) (Middle) Race Sex Ethnicity
1. #1 3. Both S-Suspect V-Victim I
2. #2 lit-Defendant {Missing Person) 5 1 3 UNKNOWN 3 
Date of Birth Age To Age Height To Height Weight To Weight Color Hair Color Maiden Name
Nickname I Street Name Place of Birth - City County State EmployerIOtherISchooi Occupation
- 
Last Known Address (Street. Apt. Number) City State Zip Address "type Phone Phone Type
Other Address (Street. Apt. Number) City State Zip Address Type Phone Phone Type
2 Driver's License StateINumber Social Security Number Other ID Number ID Type
9

8 Clothing (Describe) I ScersIMarksITatloos (TypeIDescribe) ScarsIMarksITattooa (TypeIDescribeHair Length IStyle Skin Build I Facial Features SpeechNolce Deformity Glasses
Demeanor Mask Weapon Type Subject Wes Already tIlIan'ant From:
00 In Custody? 1. Yes I 1.ThIs ency
., .. Other encv
Date 0 Last Contact Data of Emancipation Caution Caution Reason Personal Habits (Drugs I Alcohol)

8 May Be With: I Physical Condition: Mental Condition: Doctor Name: Dentist Name:
.1
.
:3 Foul Play - - Fingerprinls Photo Available? Dental Record
00 1. Runaway 6. Disaster Suspected? M'ssmg Before? Available? Available?
2. Parents Victim
3. Involuntary 7. Voluntary Disabled Adult Endangered 3. Unknown 8. Unknown 8. Unknown
(Printed) (Signature) certify that I have reported the above person as a missing
person; and this agency has my to enter this person in a statewide alert.
Offense Indicator Subject Code Code Sub}. Type Name (Last) (First) (Middle) Race Sex Ethnicity
1.#1 3. Both S?Suspect V-Victim
2. #2 D-Defendant {Missing Person) .
Date of Birth Age To Age Height To Height Weight To Weight I Color Hair Color Maiden Name
Nickname I Street Name Place of Birth .. City County State EmployerIOtherISchool Occupation
- 
Last Known Address (Street. Apt. Number) City State Zip Address Type Phone Phone Type
Other Address (Street. Apt. Number) City State Zip Address Type Phone Phi-mg Type
Driver's License StateINurnber Social Security Number Other ID Number ID Type
Clothing (Describe) I ScersIMerksITattoos (T ypeIDescribe) I ScarsIMarksI'i'atloos (TypeIDescribeHair Length IStyle Skin Build Facial Features SpeechNoice Deformity Glasses
Sub ect Was Alread Warrant From:
ED emeanor as Weapon Type if I in Clustody? 1. ties I 1. This Agency
'3ch
Date 0 Last Contact Date of Emancipation Caution Caution Reason I Personal Habits (Drugs I Alcohol)

0 May Be With: Physical Comm: Mental Condition: Doctor Name: Dentist Name:
a
Incident Type Foul Play Missing Before? Fingerprints Photo Available? Dental Record
cf) 1. Runaway 6. Disaster Suspected? Available? Available?
2. Parents Victim
3. Involuntary T. Voluntary Disabled Adult Endangered B. Un?own 8. Unknown 3. Unknown
(Printed) (Signature) codify that have reported the above person as a missing
arson and this a one has ennission to enter this erson in a statewide alert.
1 On 09I08I2016 at 0301 hours I responded to Villages of Halifax in reference to a Shooting. Upon arrival contact was made with (Smith) who
2 advised the foliowing: V-01 observed two vehicles in the east parking iot of the complex. advised the occupants in the vehicles appeared to
3 be in some type of disturbance. One vehicle appeared to be a red ford crown Victoria and the other was a tan passenger car. advised she
4 began walking her dog and the red car began following her. was at the intersection of Progress Rd and Norma Dr when the occupants in the
I: 5 vehicle began to exchange words with V-O1 advised they began calling her "Fed's" referring to law enforcement. V-01 advised the black
6 female passenger in the vehicle attempted to ?ght her however refused. V-O1 advised the vehicle drove off eastbound on Progress Rd and
SE 7 northbound on Fulton St. advised while the vehicle was driving away the driver of the vehicle which was a black male ?re several rounds out
2 3 of the car. who was in fear for her life ?red one round at the direction of her car from a 32 caliber pistol. After ?ring the weapon V-01 picked
9 up her brass. V-01 then noti?ed Of?cer Puentes who then noti?ed Of?cer Jacobs. Of?cers responded to the scene and located 
1o Lt. Eisner, Sgt. Monde, Sgt. Chirco, Detective Chirillo and Crime Scene Detective Bissa all responded to the scene. See supplements by Of?cer's.
Final Case Final Case 
LIJ Status: Status Codes: 2.AnestI..luv. 3.ExcepilonalIAdult 4.ExceptionalIJuv. 5.0loeed 6.Unfounded I: Victim Advocate Tried SA Referral
DCF Hotline Date: Time: FCIC I NCIC Entry T-T- BOLD Date: By:
<1 CAC spoke With; I FCIC I NCIC Cancel I
tnnecting Report \Iumher Agency Additional Forms I
. Attached: Nan-alive El SA Persons El Properly EVehITow Sheet Other Describe:
5 Of?cer Reporting - Printed Of?cer Reponing - Signature ID. Number Unit Date
2 Dunne. Ju_s_tin access 3062 09?03-2016
Of?cer Reviewing -Printed (If Applicable) Of?cer Reviewing - Signature (1f Applicable) ID. Number Unit Date

 

 

 

DAYTONA BEACH POLICE DEPARTMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NARRATIVE I SUPPLEMENT page 3 of 4 pages
5 Report Date Raport?l'ime Orig. Reported Date Nature of Call (for Incident] Agency Report Number 1.0n'ginal
f19-08-2016 0301 09-08-2016 ABAT 160018946 1
__i1 Axon video is available.
2


<1
3




0
?In.

Ll".
.
2
Final Case Final Case
LLI Status: Status Codes: 1.ArrestJAdult 2.ArrestlJuv. 3.ExoeptionellAdult 4.ExceptionallJuv. 5.Ctosed 6.Unfounded Victim Advocate Triad SA Referral
.
DCF Houine Date: ?me: FCIC NCIC Entry Elm: 301.0 Date; By:
3 1:1 CAO Spoke With: 1 Fore; NCIC Cancel I
Report \tumber Agency Add?onal Forms
. Attached: El Nan'ative El SA 701' Persons El Property EVehfl'ow Sheet Other Describe:
I Officer Reporting - Printed O?ioer Reporting - Signature tD. Number Unit Date
9: Dunne, Justin 000583 3C62 09-03?2016
O?ioer Reviewing - Printed (If Applicable) Officer Reviewing - Signature (If Applicable) ID. Number Unit Date

 

 

DAYTONA BEACH POLICE DEPARTMENT
VEHICLE I TOW REPORT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

Page of 4 Pages
I: Report Date Report Time Orig Reported Date Nature of Cali (for Incident) Agency Report Number 1.0riginal
9?08-201 6 0301 09-08-201 6 ABAT 1 6001 8946 1
Person Code Veh Involvement Type Caution Code Method ofThe?
V-Victim R-Reporting Party 1. Stolen 4.Recovered (Outside Faii Return 11.Return to Owner 15.0ther 1. Auto 6. Trailer 1.0ccupant(s} Aimed 0.NIA 4.Steering
U) S-Suspect N-Next of Kin 2. Recovered Agency Stolen) 8. Seized 12.Evidence 2. Trchan 7. Boat 2.0ccupant(s) Armed! 1.Keys Column
D~Defendant D-DIher 3. Stolen and 5. Impounded B. Burglarized 13. Arson 3. B. Aircra? Hold tor Latents 2.Tow Truck 5.lgnition
try-Witness Recovered 5. Abandoned 10. Vandalized 14.S_uspicious ?npen?RV 9' Other 3.HoId for Latents 3.Hot Wire 8.Unknown
Damage Cause Recovery Location Recovery Code 1. LocaliLooal
DNA 2. Criminal Mischief 4. Strippedrl'he? 9. Other 1. Family Residence 3. Housing Proiect 5. ParkIPIayground 7.Woods 9. Other StolenrRecovered 2. Localr'OIher
1.Ar?orl 3. During Other Offense From 2. Apt. Comple_x 4. Commercialr' Industrial 5. Shopping B.Water 3. OtherILocal
Veh. Involvement Type Caution Description (Identifying Characteristics. Noticeable Damage. Interior Color. Etc.) Estimated Value
1 1
Person Coce (Owner) Name usiness] (First) (Middle) I Race I Sex Date of Birth Age
Address (Street, Apt. Number) City State Zip I Residence Phone
.
LULJI Person Code ii! (Operator) Name (LosVBusineaa) (Midd'a) Race I Sex Date of Birth I Age
to
Year Make Model Style Tag Type
2000 FORD CV 4D PC
ELI Year Make Model Vessel Name Length Hull Material Propulsion Boat Type

9 Tag I R99 N0 Reg. State Reg. Year Co or (T opr?Bottom) Method ofTheft Damage Cause
RED 0
ailments St" dTIresIWheeis I: Battery '3 Transmission Major Body Parts Original Agency Report Number
VIN Plate RadioiCB '3 Interior Engine Parts TagiDecal Stolen Omer-Spec?rfy:
Recovery LOC- Recovery Code Recovery AddressIGeographic Indicator City State Date Recovered Value Recovered

Towed By: I Wrecker Driver: Towed To: Tow Fee Type?I ReasoniAuthority
18.Undercarriage
19.0vertum
20.Windshieid
21 .Trailer
Veh. rr Veh. Involvement TYPE Description (Identifying Characteristics Noticeable Damage. Interior Color. Etc.) Estimated Value
1
U) 2
Person Code a (Owner) Name (LaetiBuslness) (?rst) (Middle) Race Sex Date of Birth A99
ddress (Street, Apt. Number) City State Zip Residence Phone

Person Code (Operator) Name (LasL?Businet-rS) (First) (Middle) Race Sex Date of Birth Age
DJ
Year Make Model Style Tag Type
Year Make Model Vessel Name Length Hull Material Propulsion Boat Type
Tag 1' Reg No . Reg. State Reg. Year 00101" Method Of Theft Damage Cause
TAN TAN 0
?mm St" Original Reporting Agency Re ort Number
3 NM ?resIWheels Battery Transmission Major Body Pans 
VIN Plate RadioiCB Interior Engine Parts TagIDecal Stolen Other-Specify:
Recovery Loo. Recovery Code Recovery Indicator City State Date Recovered Vaiue Recovered

Towed Wrecker Driver: Towed To: Tow Fee Type? ?I'rlUXJteis ReascnIAuthority


5 18.Undercarrlage
IE 1B.Overtun1
20M?ndehield
21.Trailer
Veh. Date: Released By (Printed): Reieased By (Signature): Received By (Printed): Received By (Signature):

0 Reason for Change:

U)
Veh. Date: Time: Released By (Printed): Released'By (Signature): Received By (Printed): Received By (Signature):
0
LL
0 Reason for Change:
Veh. Time. Released By (Printed): Released By (Signature): Received By (Printed): Received By (Signature):
0 ..
Reason for Change:
Of?cer Reporting - Printed Of?cer Reporting - Signature ID. Number Unit Date
5 Dunne, Justin 000583 3062 09-08-2016
2 Of?cer Reviewing - Printed (If Applicable) Of?cer Reviewing - Signature (If Applicable) ID. Number Unit Date

 

 

 

 

 

 

 

 

DAYTONA BEACH POLICE DEPARTMENT
OFFICE OF PROFESSIONAL STANDARDS

 

INTERNAL INVESTIGATIVE REPORT
FD2016-002

October 17, 2016

Investigato?sl

James Chirco, Sergeant, Office of Professional Standards
Thomas Monaco, Detective, Of?ce of Professional Standards

Employeels)

Michelle Smith, Officer, Delta Platoon, District One
Complainantjs)

Michael J. Chitwood, Chief of Police

Allegationls]

200.4 Unlawful Conduct

200.5 Unlawful Conduct

200.13 Professional Conduct and Responsibilities
200.29 Department Morale

200.42 General Conduct

200.109 Employee Actions

914.7 Firearm Regulations

914.17 Authorized Off Duty Handguns

914.23 Authorized Off Duty Handguns

914.24 Authorized Off Duty Handguns

914.26 Authorized Off Duty Handguns

1002.1 Notifications for Officer involved Shooting/Deadly Force Incident
1004.7 Unauthorized Use of Deadly Force

 

MEMORANDUM

 

TO: Michael J. Chitwood, Chief of Police

FROM: James Chirco, Sergeant, Office of Professional Standards 
SUBJECT: Project No: 102-FD2016-002

DATE: October 17,2016

Sznogsis

On September 8, 2016, Officer Michelle Smith, off-duty, was involved in a
shooting where she advised that she was the victim of an aggravated assault
with a firearm and she returned fire. There were no reported or known injuries
during this incident. The incident took place at Progress Road and Norma Drive,
near Villages at Halifax Apartments. The incident was reported to Officer
Brandon Jacobs, on-duty, via telephone from Officer Selina Puentes, who was off
duty and notified by Officer Michelle Smith via telephone. Officer Smith did not
notify police, via telephone or her department issued police radio that she had
been involved in a shooting, even though she was on the radio with VCSO
teletype running a tag she reported involved in the incident, after the shooting.

Lieutenant Eisner called me at approximately 0320 hours to advise of the
incident that had taken place. He also stated that he believed Officer Smith had
been drinking alcoholic beverages. I responded to the scene as an observer and
watched as the Criminal Investigation Division conducted their criminal
investigation. After Officer Smith was finished speaking with detectives, I
collected the firearm she used in the shooting and had Lieutenant Walden secure
it in his trunk. I could smell the odor of alcoholic beverages about her breath.
Because of the reasonable suspicion that she was intoxicated, I also retrieved
her Department issued Glock firearm which was sitting on her kitchen table in a
holster, which was also given to Lieutenant Walden and secured in his trunk. 
also asked her for her City Vehicle keys to the marked police car in the parking
lot of her apartment complex. I asked if she had any other Department issued
firearms and she stated she had her SWAT rifle in the trunk of her police vehicle.
I checked the trunk of the vehicle and there was a rifle, unsecured, just laying on
top of other items. Officer Smith spontaneously stated that she had SWAT

2

training earlier in the day and did not secure the rifle in the case. I had Lieutenant
Walden make arrangements to have her police vehicle picked up and brought
back to the police department.

Lieutenant Walden then transported Officer Smith and accompanying Officer
Puentes to Florida Hospital, Memorial Medical Center, for a drug analysis of her
urine, according to department policy. She was then transported to 129 Valor
Boulevard and I placed her on administrative duty, according to protocol. My
involvement in the case was then tolled until September 15, 2016, when the
criminal investigation was completed and the Criminal Investigation Division
determined that no criminal charges would be filed against any parties involved in
this incident, to include Officer Michelle Smith. The Criminal Investigation
Division concluded that Officer Smith had inconsistencies in her recounting of the
incident and believed that she may be untruthful. Based on this information, Chief
Chitwood requested a firearm discharge administrative investigation be
conducted in addition to the criminal investigation.

Officer Michelle Smith (lnitial Criminal Investigation lnterview/Unrecorded)

On September 8, 2016 at approximately 0430 hours, Officer Smith was
interviewed by Detective James Maher and Detective Angel Chirillo at Villages at
Halifax. Officer Smith stated that she observed a newer dark gray Ford Taurus
and an older maroon Ford Crown Victoria or Mercury Grand Marquis, both
occupied. Officer Smith believed they were conducting a narcotics transaction.
Officer Smith was walking her dog. and continued past the vehicles into the
grassy area north of Villages at Halifax. Officer Smith put her dog in the gazebo
and picked up dog droppings. The vehicles began to leave the area and a black
female in the Ford Taurus yelled, know you're the Feds?. The Crown Victoria
now approached and three occupants exited and approached Officer Smith in a
hostile manner. Officer Smith stated that the group was yelling at her and calling
her a ?Fed? and asking her what you wanna do?" She interpreted their remarks
as aggressive and believed they wanted to ?ght. Of?cer Smith called for her dog
and her dog began to bark and scared the group from the area. They got into
their vehicles and began to leave the area. Officer Smith stated that the tag on
the Crown Victoria/Grand Marquis started with a and the last three characters
were The vehicles left the area east towards Fulton Street and as they
turned north on Fulton Street, she observed at least two gunshots ?red out of the
window of the Crown Victoria/Grand Marquis. Officer Smith stated that she was
in fear for her life and checked her body to make sure she wasn't shot and she
returned ?re, shooting one round at the vehicles and believed she hit one of
them. Officer Smith also stated that she could identify individuals involved in the
incident.

After the shooting, she stated that she was approached by an unknown black
male. He and another unidentified white male had observed the incident and
wanted to make sure she was uninjured. She provided the black male?s phone
number to Detective Maher and advised him that he didn?t wish to speak with
police. (Portions utilized from Detective Maher's interview summary).

Unidentified Black Male (Witness Interviewed. by' Criminal Investigation

Division!

September 8, 2016 at approximately 0430 hours. Of?cer Smith spoke with the
black male and he agreed to speak with Detective Maher briefly. He stated that
he didn?t see the argument but he could see that the people were ?fucking? with
Officer Smith. He observed the vehicles pulling up towards Officer Smith but he
did not see the shots ?red, only heard them. The black male stated that he heard
possibly ?ve total gunshots. He refused to identify himself and had nothing else
to add to the investigation. (Portions utilized from Detective Maher?s interview
summary, refer to audio interview for further information).

Officer Michelle Smith (Photographic Line-Up Conducted by Criminal
Investigation Division)

On September 8, 2016 at approximately 1247 hours, Detective Maher and
Detective Dinardi interviewed Officer Smith at her residence. From one line-up
she identified Yancy Gadson as the shooter and driver of the Crown
Victoria/Grand Marquis and from another line-up she identified Joanne White as
a female in the Crown Victoria/Grand Marquis (Neither subject was at the scene
and alibis confirmed by detectives). (Refer to audio recorded interview for further
information).

Officer Michelle Smith (Photographic Line-Up and Second Interview
Conducted by Criminal Investigation Division)

On September 8, 2016 at approximately 1315 hours, Detective Maher
interviewed Officer Smith at 129 Valor Boulevard. Officer Smith was shown
another photographic line-up and identified Elizabeth Stevens as being in the
Crown Victoria/Grand Marquis (Elizabeth Stevens was the front passenger in a
red Camaro at the scene).

Detective Maher had Officer Smith clarify some investigative questions. Officer
Smith stated that she left her apartment at approximately 0200 hours to walk her
dog. She observed the vehicles in the parking lot involved in what she believed to
be a narcotics deal. She did not engage in conversation with either vehicles
occupants. The gray Ford approached her first and the Crown Victoria/Grand
Marquis occupants were yelling at her across the complex prior to the Ford?s
arrival to her location. Joanne White, whom she identified in the Crown
Victoria/Grand Marquis, was now in the Ford Taurus and began to yell at her.
The Crown Victoria/Grand Marquis now arrived and all the occupants of the
vehicle approached her, with the exception of the black male driving the Ford
Taurus. They accused her of being a ?Fed? and wanted to fight. Officer Smith
stated that she FaceTimed Officer Puentes (Off-duty) during the argument but
hung up prior to any shots being fired (She did FaceTime Officer Puentes but the
exact time of the shooting is unknown). Officer Smith called her dog over after
the subjects exited their vehicles and confronted her. She then stated that she
began reading, out loud, the tag of the Crown Victoria/Grand Marquis and the
occupants told her, ?yeah, remember that shit yadadada She was confident
on the last three characters as and the first character as 

The black female from the Ford Taurus returned to the Crown Victoria/Grand
Marquis, which would have left the black male alone in the Ford Taurus. Both
vehicles then left the area and continued yelling at her and that is when she
heard the shots fired. She then checked herself and her dog to make sure neither
was struck by a bullet. It then registered that she was being shot at she then

returned fire one time. She stated she never observed a firearm but observed the
muzzle flash. Smith then advised that she ran a tag on teletype after the shooting
and it returned with no record found.

Detective Maher then asked Officer Smith how she knew the unidentified black
male?s phone number if she didn?t know him and why she didn?t call 911. Officer
Smith stated that after the shots were fired she FaceTimed Officer Puentes and
didn?t call 911 because she wanted to run the tag on teletype and process what
happened. She also stated that she ran home while on FaceTime with Officer
Puentes and ran the tag on teletype from her apartment. She observed two sets
of headlights enter the complex and feared it may be the suspects, so she left
her apartment and went to the parking lot. She stated that the vehicles contained
the unidentified black and white male witnesses and that is when she received
the phone number of the unidentified black male, who advised her he had
observed the incident. (Portions utilized from Detective Maher?s interview
summary. Refer to video recorded interview for further information).

Officer Brandon Jacobs (Witness Officer Interviewed Conducted by
Criminal Investigation Division)

On September 8, 2016 at approximately 2228 hours, Officer Jacobs was
interviewed by Detective Maher at 129 Valor Boulevard. Officer Jacobs stated
that he was on-duty working as a police officer and at Cambridge Street and
Woodbine Street at the time of the incident writing a report. He received a phone
call from Officer Puentes at 0258 hours, as confirmed by his phone log. He
stated Officer Puentes asked him ?Hey are you guys busy?? He advised her he
was getting caught up on reports. Officer Puentes advised that Officer Smith had
been shot at and asked him to go to her location. He advised Detective Maher
that he was confused because he didn?t hear anything on the radio and asked
Officer Puentes where Officer Smith was located. He stated that she advised him
that Officer Smith was at Adams Street and International Speedway Boulevard
and she was also on her way there. He stated that he told Of?cer Lima, whom
was sitting near him, and Officer Lima advised him to put it out over the radio.
Officer Jacobs then called his sergeant and police response began. He initially
responded to the area but then began looking for suspect vehicles. He stated
that he was confused as to why no one called 911 and called him instead. He
was also concerned as to why he felt that Officer Puentes didn?t seem to want
anyone to respond but him. He tried to address those concerns with Officer
Puentes but she was unable to speak because she was busy with Of?cer Smith.
(Portions utilized from Detective Maher?s interview summary. Refer to video
recorded interview for further information).

Teja Troutman Victim Interviewed by Criminal Investigation Division)

On September 8, 2016, Detective Maher interviewed Teja Troutman at 129 Valor
Boulevard. Troutman was located in the red Camaro in the passenger side rear,
the vehicle described as a Crown Victoria/Grand Marquis by Officer Smith.
Troutman advised Detective Maher that she was in the vehicle during the
shooting. Troutman advised she was driving around with Elizabeth Stevens in
Stevens? Camaro when they met John Harris and (Later identified as
Timothy Taylor). Taylor asked to go to Villages at Halifax because he was there
earlier and lost a set of keys at the playground area. On the way there they met
?Grandpa? (Darrin Cummings) and ?Lil Sis? (Nickia Lyons), driver and passenger
respectively, of the gray Hyundai Sonata, vehicle described as a gray Ford
Taurus by Officer Smith, at the speedbumps by Bethune Cookman University.
Cummings and Lyons were friends of Harris and they followed Harris to the
playground. Troutman stated they parked and Harris exited the Camaro and
stood near it as Taylor searched for his own keys. She then stated that a female
(Officer Michelle Smith) was standing near them with a dog and watching them.
Stevens turned down the music to hear what was happening. Harris asked the
female if she was neighborhood watch and no response was heard. She advised
that Taylor then told the female that they were just looking for keys. The dog was
barking loudly and everyone was getting aggravated so they told Taylor to ?come
on?. Taylor and Harris both reentered the Camaro and the Camaro left the
parking lot while the Sonata stayed behind near the playground. Harris received
a phone call from Lyons and she stated something to Harris about the female
and the dog. The Sonata then drove to where the Camaro was stopped, on
Progress Road, and Lyons told Harris that the female wanted to ?ght and she
was going to put the dog away. She also stated that the female was still in the
area near ?the bright lights? and they thought that she put the dog away but the
dog was tied up ?in the trees? where they could not see. They all drove back over
to the female and were talking like adults. The female approached the Camaro
and stated ?she (Lyons) wants to ?ght and told aggravating you all?. Troutman stated that the group advised ?No? and that
they didn?t want to fight. The female then asked if they even stayed out there,
they replied no and they were just looking for some keys. The female then replied
that she shouldn?t be talking to them in the Camaro and should be talking with
her, meaning Lyons in the Sonata. She then stated that the female approached
the Sonata and opened the passenger side door, where Lyons was seated and
stated, ?So what's the problem?? Lyons just sat there but Stevens stepped out of
the Camaro and told the female to ?Chill out?. The female then responded with
?No, she wants to fight me, what?s up?? Cummings then asked the female her
age and she responded ?either 28 or 29? and also why he asked her age.
Cummings responded that she was acting like a child and again informed the
female that they were only looking for keys. The female responded that they
?need to be minding their own business?. Cummings had only asked the female
why she was standing there looking at them. The female then asked, ?Do
anybody wants to fight?? They responded with ?We not trying to fight?. The
female than pointed at everyone individually and stated, ?I?m not scared of you?

7

and "Well, feel like fighting?. Cummings then responded, ?Well if you want to
fight you can fight me?. The female then reiterated that she wasn?t afraid of
anyone in the vehicles. She observed the female playing around with her purse
and reach into it. She described the purse as a small black purse with, ?Like two
pockets?. Troutman then stated that she asked the female, ?To just walk away".
The female then replied, ?If you live out here then tell me what apartment you
stay in?. They again replied that they didn?t stay out there and the female
advised, ?Get away from here?. Troutman advised the group to leave because
she could tell that the female had been ?Drinking all night or she?s been
smoking". The female continued talking and stated she stayed in building 120
and that ?I?m from California and I don't stay with anybody, it's just me and my
dog and I?m not scared of nobody?. Sometime during the argument the female
walked to the tree and began letting the dog loose. Everyone had reentered the
vehicles and the female ?Had the dog jumping at the car?. They began driving out
and the female spit at the Camaro, on Progress Road, and Taylor threw a drink
at her. Lyons then advised ?If I had a gun I?d shoot your dog" and the female
replied, ?Do it". Harris then stated the female was ?Trippin? and not to have ?That
dog jumping at us no more". He then stated, ?Just like my sister said, if I had a
gun I'd shoot your dog?. The female replied, ?Do it, do it?. Troutman then
observed the female pull a gun from her purse and again state ?Do it?. They then
sped off with the Sonata right behind them. Troutman advised she heard one
gunshot and described the gun as a ?black gun" that was big. Troutman stated
that Harris and Taylor said they thought the gun was a When asked if she
knew whether it was a revolver or semi-auto gun, Troutman stated that the
female removed the gun from her purse and ?cocked" it. She then pointed it
directly at the Camaro. The female then stated that she was from California and
people from California are not afraid to fight. Troutman also stated that she was
scared during the incident and wanted to call police but Harris and Taylor stated
that they should just leave and chill, so they left and went to Harris? house.
(Portions utilized from Detective Maher?s interview summary. Refer to video
recorded interview for further information).

Elizabeth Stevens (Victim In terviewed by Criminal Investigation Division)

On September 8, 2016, Detective Nate Williams interviewed Elizabeth Stevens at
129 Valor Boulevard. Stevens was located in the red Camaro as the front seat
passenger. Stevens stated that they went to Halifax Apartments because Harris?
friend lost his keys there. There was this girl standing there with a big dog that
wouldn?t stop barking and they asked if she was security. The girl in the other
car, Lyons in the Sonata, was talking with Taylor through the windows. Stevens
stated that Lyons stated like, ?That dog needs to shut your dog up?, or
something similar to that wording. Stevens stated that Lyons was speaking with
Taylor but the female thought they were talking to her. The Camaro and
occupants drove off while the Sonata stayed behind. They came back to where
the Sonata was parked and Lyons advised that the female had the dog jump on

8

the car. Lyons advised the female to put her dog up so they could fight. The
female confronted Stevens and said ?What?s up? and Stevens advised that it
wasn?t her that the female needed to worry about and the female advised that the
girl in the other car, Lyons, was talking shit. Stevens stated that the female then
went over to the Sonata and opened the door where Lyons was sitting, after
putting her dog near a tree. She then advised that Troutman basically advised
the female you don?t need to put your hands in her face (Lyons) and the female
pointed at everyone and stated can beat you?. Stevens believed the female to
be drunk or on something. She went back to the car and stated the female kept
looking in her purse and she thought ?she has pepper has a
has something in her?. The female then asked, ?So what you all
gonna do?? Cummings then told the female, ?Well then move? and they (Harris
and Lyons) stated ?I?m gonna shoot your dog?. The female stated ?do it? and
pointed the gun at the Camaro. They immediately drove off and then heard
gunshots. Stevens doesn?t know if the shots were fired up in the air or towards
them. Stevens advised that she heard one shot. Stevens also advised that prior
to the shooting she gave the female her tag number because she wasn?t trying to
hide anything. Stevens advised that the female stated, ?l?m from 
apartments? 102?. Stevens stated that the female stated that she was 27, from
?Cali? and lives by herself. Stevens also stated that when the female was near
her car she told her dog ?Get em?. Stevens also confirmed that Yancy Gadson
was not at the scene during this incident. She also stated that she was scared
because they were shot at. No one at the scene called police because they were
scared and didn?t know what to do. She also advised that when asked if she was
the neighborhood watch, the female advised, can be?. (Refer to video recorded
interview for further information).

John Harris Victim Interviewed by Criminal Investigation Division)

On September 8, 2016, Detective Dave Dinardi interviewed John Harris at 129
Valor Boulevard. John Harris was driving the red Camaro at the time of the
incident and stated that Elizabeth Stevens was the front seat passenger and
Timothy Taylor and Teja Troutman were in the back seat. Harris stated that there
was a smoke gray Hyundai with them and that Nickia Lyons and George or
?Grandpa? (Cummings) occupied that vehicle. They were at the Villages at
Halifax when a lady came out of nowhere with a big pit bull and she wanted to
fight Lyons and was yelling at everyone. Harris stated he said, ?You?re not the
police out here? and the female replied that she could be. He then asked if she
was neighborhood watch and she replied that she could be. Harris then stated
that the lady opened the door where Lyons was sitting and pointed at Lyons. She
then stated, ?I?m not scared of you, you, you, I?m from California?. Harris stated
that the female then ?cocked? her gun and fired at least three or four shots at
them as they drove away. Harris thought the gun looked like a ?40? or something.
The incident occurred at approximately 0200 hours and police weren?t called
because he just wanted to let it go and no one was hurt. He also advised that he

thought the lady was drunk. Harris stated that the female also said, ?That?s what
wrong with Florida people, you all fucking all don?t wanna shoot, you
all don?t wanna fight?. John Harris stated that police weren?t called because he
believed the female was management and he didn?t want to get in trouble for
trespassing, so they just let it go. (Portions utilized from Detective Dinardi's
interview summary. Refer to video recorded interview for further information).

Nickia Lyons (Victim Interviewed by Criminal Investigation Division)

On September 9, 2016, Detective Dinardi interviewed Nickia Lyons at 129 Valor
Boulevard. Lyons stated that she was the passenger in the gray Hyundai and
that ?Grandpa" (Cummings) was driving. She stated that there was a Camaro
with them and occupied by John Harris, a white female and another guy and girl.
They met at Bethune Cookman University and went to the Villages at Halifax to
look for a set of keys. Lyons stated that a female with a big pit bull approached
them. John Harris asked the female if she was the manager, neighborhood
watch, a police officer or if they were doing anything wrong. She also stated that
the female was hostile and snapping at her friends. She also said that the female
told them to leave and she was ?tugging? at her car door as she was trying to
open the door. Both vehicles left the parking lot and the female had tied up her
dog. The female started to walk towards them as they stopped outside of the
apartment complex and yelled, ?Whatcha going do?? The two vehicles returned
to the complex and the female walked up to the Hyundai and yanked on the door
again. Cummings asked the female her age and she replied The female
then got Lyons? door open and the female was clutching her purse and told them
she was from California. Lyons stated that she and herfriends backed away from
the female and got back into their vehicles because they were concerned that the
female may have a weapon in her purse. Lyons then stated that she and
Cummings drove off ahead of the Camaro and something happened that the
Camaro passed them. She stated she looked back and observed the female
taking aim with what appeared to be a gun. She saw a flash from the female?s
gun but she is not sure if the female fired one or two shots. Lyons stated that she
sent her brother a text message at 0245 hours to say that she was shot at. Lyons
stated that she did not notify police because she was shocked as a result of the
incident and that it would look bad as the female was by herself and there was a
bunch of people with her.

Nickia Lyons provided three short SnapChat Videos timestamped 0234, 0235 and
0238 hours. The video from 0235 hours contains one of the males telling the
female that they do not want to fight and the female (Officer Smith) stating 
called you back from where you were over there?. In another video the female
can be heard telling the group to ?watch when wrap you all up?, which Lyons
took as the female was going to harm the group. Lyons stated that she was
scared when she heard the shots fired and she wants to press charges. Lyons
stated that the female also stated, ?See, this is what?s wrong with Florida
is what?s wrong with Florida people, don?t nobody wanna fight

10

don?t nobody wanna do nothing?. (Portions utilized from Detective Dinardi?s
interview summary. Refer to video recorded interview for further information).

Darrin Cumminqs Victim Interviewed by Criminal lnvestiqation Division)

On September 9, 2016, Detective Dave Dinardi interviewed Darrin Cummings at
129 Valor Boulevard. Cummings was driving the gray Hyundai Sonata.
Cummings stated that the group went to Villages at Halifax because Taylor had
lost a set of keys there earlier in the day. He stated that the lady showed up with
her dog and told them to get out of ?my? complex. Cummings also stated that the
lady was pulling on Lyons? car door and stating she wanted to fight someone. He
asked the female how old she was and she replied He also stated that she
stated that she called them back and that she wanted to fight. Cummings stated
when he was leaving he heard a gunshot and that is when he looked back and
saw the lady?s hand coming down. He stated that he believed her to be crazy and
she was clutching her purse while they were all arguing. She was trying to get
her dog to jump on the vehicles and she kept reaching into her purse. Cummings
advised he and Harris tried to diffuse the situation. Cummings also advised
Detective Dinardi that the female stated, ?That?s what's wrong with you all Florida
niggas, thatCalifornia?. He heard two quick gunshots then
one more gunshot. Cummings stated that he ducked because he was trying to
defend himself. Cummings stated that his group should have just left earlier than
they did but they didn?t commit any crimes. When asked if he was scared during
the incident, Cummings stated he was. (Portions utilized from Detective Dinardi?s
interview summary. Refer to video recorded interview for further information).

Timothy Taylor (Victim, Unable to Be Interviewed)

Officer Selina Puentes (Off-Duty Witness Officer Interviewed by Criminal
ln vestigation Division)

On September 9, 2016 at approximately 1537 hours, Detective Maher and
Detective Dinardi interviewed Officer Selina Puentes at 129 Valor Boulevard.
Officer Puentes stated that she received a call phone call from Officer Smith at
approximately 0243 hours. Officer Puentes advised that Officer Smith stated,
?They?re trying to fight me". Officer Puentes stated that she heard no arguing in
the background and that she did not know who Smith was talking about. She
then asked Officer Smith where she was. Officer Smith told Officer Puentes that
she was walking her dog and Officer Puentes assumed she was at her apartment
complex. Officer Smith then hung up the phone stating that she needed to call
her fiance. Officer Puentes stated that she attempted to call Officer Smith back at
0251 hours but she did not answer the phone. Officer Puentes then stated that
Officer Smith called her back at 0254 and stated, ?They shot at me?. Officer

11

Puentes also advised that at 0253 hours, the phone call was transferred into a
FaceTime call (Video Call). She advised that while on FaceTime, she observed
Officer Smith was in her home and on a police radio running a tag on teletype.
Officer Puentes stated that she was advising Officer Smith to switch to the
primary channel on the police radio and notify units of the incident. Officer
Puentes realized police units had not been notified. She called Officer Brandon
Jacobs, working patrol officer, while driving to Officer Smith?s residence at
approximately 0258 hours in an attempt to have police units respond to Officer
Smith. Officer Puentes arrived at Officer Smith?s apartment and it was
unoccupied. She called Officer Smith on the phone at 0303 hours and learned
that Officer Smith had gone to the park/playground in the complex. She then
walked over there and observed Of?cer Smith with other officers. Officer Puentes
stated that she was not informed that Officer Smith had returned fire until she
had arrived at her apartment. (Portions utilized from Detective Maher?s interview
summary. Refer to video recorded interview for further information).

Officer Michelle Smith (Subject Officer Administrative Interview)

On October 12, 2016 at approximately 1250 hours, Officer Michelle Smith
responded to the Office of Professional Standards for the purposes of a recorded
audio interview. Upon arrival, Officer Smith read and signed the internal
investigation subject pre-interview notification, stating that she understood.
Officer Smith was sworn in prior to any questioning. Officer Smith was also able
to review all materials related to the investigation prior to the interview.

Officer Smith stated that she was walking her dog on the morning of September
8, 2016 in her apartment complex, Villages at Halifax, 121 Norma Drive, when
she became involved in a verbal altercation with unknown parties. Officer Smith
stated that she did not initiate the verbal altercation. Officer Smith stated that the
entire incident lasted approximately fifteen (15) minutes. Officer Smith stated that
the vehicles that were involved were a grey Ford Taurus, Focus, or Fusion and a
red Ford Crown Victoria. Officer Smith stated that she did not purposely provide
false information related to the vehicles in hopes that Detectives would not locate
said vehicles in a criminal investigation. Officer Smith stated that she did not
intentionally provide false vehicle tag numbers. Officer Smith stated that she did
not threaten any of the parties with her dog. Officer Smith stated that her dog
was barking, jumping at the other parties? vehicle, as well as jumping onto the
other parties? vehicle.

Officer Smith stated that earlier in the evening, she was hanging out with friends,
consuming alcoholic beverages. Officer Smith stated that she left her friends at
approximately 0130-0145 hours. Officer Smith stated that she was consuming
alcoholic beverages within an hour of the incident. Officer Smith stated that she
was drinking margaritas. Officer Smith stated that she started consuming
alcoholic beverages earlier in the evening at La Fiesta Restaurant, where she
stated that she had one (1) margarita. After leaving La Fiesta, Officer Smith

12

stated that she went over to Officer SelinaPuentes' residence. Upon arrival,
Officer Smith stated that she had two (2) more alcoholic beverages and two (2)
shots of alcohol, making a total of ?ve (5) alcoholic beverages.

Officer Smith stated that she was involved in verbal altercations with both
vehicles, but the red vehicle was the main one. Officer Smith stated that she
attempted to open the passenger side door of the red vehicle at one point due to
the fact that the occupant was speaking to her. Officer Smith stated that she
never spit at the red vehicle and does not recall anybody throwing anything at her
from the vehicle, at any time.

With regards to the snapchat videos, Officer Smith stated that she recalls stating
something to the effect of called you from over there, I?m here now, I?ll wrap
you all up.? When asked to explain what ?I'll wrap you all up? means, Officer
Smith stated that it meant that she ?would ?ght all of you.? Officer Smith stated
that was in fear for her safety but never attempted to walk away from the
situation at any time. Upon reviewing the snapchat videos, one of the other
parties? stated, ?We don?t want to fight you.? Officer Smith responds, ?l am here
though and I called you right back from where you were over there, so, what you
wanna do?? Officer Smith stated that if the other parties did not want to ?ght her,
they would have entered their vehicles and left the area. When asked how the
other parties knew personal information about her such as age and where she
was from, Officer Smith stated that they asked her. Officer Smith stated that she
never called the other parties anything to effect of ?Florida pussies.? Officer Smith
stated that she did say, ?That?s what?s wrong with Florida people.? When asked to
explain this, Officer Smith stated they ?followed her and as soon as somebody
wants to confront them about the situation, they do not want to fight.? Officer
Smith stated that she did not instigate the situation and was not the primary
aggressor.

Officer Smith stated that the other party never threatened her with a firearm and
she never saw a firearm at any time. Officer Smith stated that she was in fear for
her life when she realized that the vehicles were following her and definitely
when she heard shots being ?red. After Officer Smith heard shots being ?red,
she quickly looked down at herself, as well as her dog to see if they had been
struck. After doing so, Officer Smith stated that she ?returned Officer Smith
stated that her firearm was never 'out of her purse until she ?red, but three (3)
individuals from the other party described her firearm. Officer Smith stated that
there was a round in the chamber of her firearm at the time she fired. Officer
Smith stated that she does not know how many rounds her firearm holds and
doesn?t know how many rounds there were in the ?rearm when she fired it.
Officer Smith stated that ?maybe two (2) rounds? were fired at her. Officer Smith
stated that she ?red one (1) round. When asked if she thought that she would hit
her target at that distance with a handgun, Officer Smith stated, ?absolutely not.?
Officer Smith stated that they ?shot at me, so l'm going to shoot back at them.?
Officer Smith stated that she never attempted to fire a second time. Officer Smith
stated that she never attempted to locate her spent shell casing. According to

1'3

Officer Matthew Smith's AXON video, Sergeant Monde asked Officer Michelle
Smith if she picked up the spent shell casing off of the ground and she
responded ?yeah,? which she handed to Officer Matthew Smith, along with her
firearm. Officer Smith stated that she does not recall making that statement
(According to Officer Matthew Smith?s supplement, the empty shell casing was
still in the chamber of the firearm). Officer Smith stated that it felt like her firearm
may have malfunctioned due to the fact that her ?trigger felt like it went way too
far back.? Upon reviewing Officer Justin Dunne?s AXON video, Officer Smith
stated, don't know where they shot, they did not shoot at me, cuz they were
driving away as they shot." When asked to clarify what she was in fear of if the
other party was not shooting at her, Officer Smith stated, ?at the moment they
shot, I knew they were shooting at me and after calming down and realizing what
occurred, they were probably shooting to scare me.? Officer Smith stated that she
did not attempt to take cover, as there was no cover to be taken.

One (1) person that Officer Smith identified out of three (3) was actually on scene
at the time of the incident. The other two (2) individuals were never on scene,
which was corroborated. All parties were involved in a previous incident in June
2016 with the red Chevrolet Camaro, which Officer Smith was on scene. Of?cer
Smith stated that is not how she identified the individuals and does not remember
the call for service in question. Officer Smith stated that that she did not inform
the other party that she was a Police Officer at any time during the altercation.
Officer Smith stated that the other party asked her if she was the landlord,
property manager, and other questions in order to figure out who she was.
Officer Smith stated that other parties called her ?the feds.?

Officer Smith stated that after the shooting, she retrieved her dog and walked
towards her apartment. Upon doing so, Officer Smith called Officer Puentes
stating that ?she was shot at.? Officer Smith stated that she never called 911 or
instructed Officer Puentes to do so. Upon entering her apartment, Officer Smith
retrieved her police radio and ran the other parties vehicle tag via teletype.
Officer Smith stated that approximately five (5) minutes had elapsed from the
time of the shooting to the time she called Officer Puentes. Of?cer Smith stated
that she either called or FaceTimed Officer Puentes during the initial verbal
altercation as well.

During the course of the investigation, Officer Smith provided Detective James
Maher with the phone number of a possible witness to at least part of the
incident. The number was for an unidentified black male. Officer Smith stated
that she did not have any contact with this individual priorto the incident, but has
seen him around the apartment complex previously. Officer Smith stated that the
male contacted her prior to the shooting and provided her with his phone
number, as he witnessed part of the argument. Officer Smith stated that she
never asked the male to lie for her or to change any part of the incident to favor
her.

14

Officer Smith stated that she did not call 911 or tell central dispatch of the
situation, even while on teletype, because she was ?still collecting her thoughts
and wanted to get the tag out before she forgot it.?

Officer Smith stated that ?she had alcohol in her system at the time of the
shooting but did not feel intoxicated.? Officer Smith stated that she ?was really
shot at" and did not shoot because she was careless and intoxicated. Officer
Smith stated that she shot ?out of self?defense."

Officer Smith stated that she was carrying a Glock firearm that evening. Officer
Smith stated that she is not certified through the police department to carry that
weapon off duty. Officer Smith stated that she was careless and did not register
the firearm with the department.

Officer Smith stated that she thought that the whole situation could have been
handled better, in retrospect. Officer Smith stated that she could have just walked
home in the beginning and avoided the whole situation. Of?cer Smith does not
think that alcohol played a part in the incident. Officer Smith stated that she had
her firearm in her purse, on her person throughout the evening while she was
consuming alcoholic beverages.

Investigative Summary

Officer Smith was off-duty and involved in a shooting on September 8, 2016 at
approximately 0245 hours. The initial argument occurred at Villages at Halifax
Apartments, 121 Norma Drive. The shooting occurred at Progress Road and
Norma Drive. Officer Smith stated that she was walking her dog in her apartment
complex in the early morning of September 8, 2016. She became involved in a
verbal altercation with several pe0ple that according to her she did not initiate.
Officer Smith believed the entire altercation lasted approximately fifteen (15)
minutes. According to Officer Smith, two vehicles were involved, a gray Ford
Taurus, Focus or Fusion and a red Ford Crown Victoria. According to witnesses
at the scene, Officer Smith threatened them with her dog and even had the dog
jumping at and on the cars at one point, which Officer Smith confirms during her
Administrative Investigation.

Officer Smith stated during her administrative interview that she was hanging out
with friends earlier in the evening, consuming alcoholic beverages. She stated
that she left at approximately 0130-0145 hours and was consuming alcoholic
beverages within an hour of the shooting. She also stated that she was carrying
an off duty firearm throughout the night in her purse while consuming alcoholic
beverages. Officer Smith stated that she was drinking margaritas and began
earlier in the evening at La Fiesta Restaurant, where she had one margarita. She
and friends then went to Of?cer Puente's residence where she proceeded to
have two more alcoholic beverages and two shots of an alCoholic beverage for a
total of five alcoholic beverages.

15

Officer Smith stated that she attempted to open the passenger side door of the
red vehicle due to the fact that the occupant was speaking to her, in contrast to
other witnesses, including Nickia Lyons, stating that she opened the passenger
door of the gray Hyundai. Officer Smith denies spitting at any vehicle and doesn?t
remember anything being thrown at her.

Nickia Lyons provided three (3) SnapChat videos to Detective Dinardi during the
course of the criminal investigation. The three videos are time stamped at 0234,
0235 and 0238 hours. In one of the videos a male can be heard stating ?she
don?t want to fight" and Officer Smith responds, ?I?m here though and I called you
right back from where you were over there, so, what you wanna do?? This is in
contrast to Of?cer Smith stating she didn?t instigate any of this incident.

In another video Officer Smith is asking ?where you stay, what number??, as in
which apartment the people reside. A male asks, ?i gotta tell you?? and Officer
Smith replies, ?What number, absolutely? and the male replies ?She?s not
neighborhood watch, we ain't got to tell her nothing?. Officer Smith replies, ?You
don?t but watch when I wrap you all up, go ahead?. Nickia Lyons felt that ?wrap
you up? meant harm the group and Officer Smith confirmed during her
administrative interview that it meant to fight, so she was not attempting to walk
away at any time and instead was escalating the situation.

in the third video Officer Smith is observed walking over to the red Camaro and
says something which is inaudible. These videos clearly display that Officer
Smith was an instigator of the incident.

The red vehicle in the videos is clearly a red Chevy Camaro, the vehicle that
Officer Smith describes to officers and detectives on the day of the incident as a
maroon Ford Crown Victoria or Grand Marquis. Officer Smith advises Officer
Matthew Smith that the red vehicle, the shooter?s vehicle, tag was UGB-V33 and
the tag she ran on teletype was UVE-V33 then UGB-V33. Officer Dunne was on
scene and asked Officer Smith on AXON video if they shot up in the air or shot at
her? Officer Smith replied, don?t know where they shot, they did not shoot at
me cuz they were driving away as they shot?. She also stated that it was the
longer car, the Crown Vic that fired the shots. The gray car did not shoot at all.
She also advised Officer Matthew Smith and Officer Dunne that the car was a
Crown Vic, ?older model, one of ours?, meaning it looked like a police vehicle
Crown Victoria. Officer Smith stated during her interview that she did not
intentionally provide false vehicle information in hopes detectives would not
locate the vehicle or occupants. Of?cer Smith stated that she knows what a
Camaro looks like because her fianc? and two of her friends have Camaros, yet
she described the shooting vehicle as a Crown Victoria/Grand Marquis and can
distinguish between a Crown Victoria and a Camaro. She also admitted that they
don?t look anything alike.

Officer Smith stated that she said to the group, ?That?s what?s wrong with Florida
people" and she meant that ?They followed her and as soon as somebody wants

16

to confront them about the situation, they do not want to fight?. But she reiterated
that she wasn?t the primary aggressor and did not instigate the situation.

Officer Smith stated that she was never threatened with a firearm and never
observed a firearm at any time. She stated that she was in fear for her life when
she realized that the vehicles were following her and definitely when she heard
shots being fired. Officer Smith stated that she checked herself and her dog prior
to returning fire and never had her gun out prior to the red vehicle driver shooting
at her, despite three occupants of the red vehicle (Camaro) being able to
describe her handgun. Officer Smith stated that two rounds were fired at her and
she returned fire with one round. Officer Smith stated that she didn?t think she?d
hit a target from that distance but returned fire anyway because they shot at her.
Lyons, Cummings, Stevens and Troutman all stated that they were scared during
the incident. Lyons was scared when she heard the gunshots and observed what
appeared to be a gun and a flash (muzzle flash). Cummings also stated he was
scared during the incident. Stevens and Troutman were both victims of having
Officer Smith?s ?rearm pointed at them while in the red Camaro.

Officer Smith stated that she never attempted to locate her shell casing, however
on Officer Matthew Smith?s AXON video Sergeant Monde is heard asking Officer
Smith if she picked up or found her shell casing on the ground and she stated
?yeah?.

After the shooting, Officer Smith stated that she retrieved her dog and walked
towards her apartment. She called Officer Puentes stating was shot at?. She
never called 911 or asked Officer Puentes to call 911 because as an officer she
is 911. She also didn?t advise teletype when she was running the tag that she
was involved in a shooting. She stated that was because she was collecting her
thoughts and didn't want to forget the tag.

An unidenti?ed black male called Officer Smith on her cell phone at 0228, as
verified by her phone logs as a missed call. Officer Smith stated that was
because she gave him her number prior to the shooting and she is adamant that
she didn't have his number prior to that morning.

Officer Smith admitted to having alcohol in her system but feels she was not
intoxicated. She stated she ?was really shot at? and did not shoot because she
was careless and intoxicated, she shot ?out of self?defense?.

Officer Smith stated that she was carrying 3 Glock firearm and it was inspected
by a trained police department armorer but never registered properly. There is no
record of her off-duty firearm in training records, as verified by the Training
Division supervisor, Sergeant Todd McBride.

As witnessed by her actions on video and victim interviews, Officer Smith?s
actions precipitated the situation in which deadly force was used, unjustifiably.

A dented shell casing, Sig 380 auto, was located on Fulton Street by Detective
Bissa, approximately fifty feet south of Oak St. This is near the location where

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Officer Smith stated that the red vehicle?s driver shot a couple of rounds at her.
Detective Chirillo stated in her supplement that the casing appeared dented or
weathered. It is not known at this time whether or not that casing was there on
the ground from a previous incident or if it is in fact a casing from a round shot
from the red Camaro during this incident.

The Criminal Investigation Division attempted to clarify several inconsistencies in
Officer Smith?s depiction of events. Officer Smith?s attorney, Marty White, stated
that she would not be available for any further interviews involving the criminal
investigation.

Findings

These are the findings of the Office of Professional Standards regarding the
allegations against Officer Michelle Smith:

1) 200.4 Unlawful Conduct: Employees shall not commit any act or crime
which is defined by Florida Statutes as a misdemeanor, or which
constitutes a municipal ordinance violation, whether chargeable or not,
which brings discredit upon the Daytona Beach Police Department or
otherwise impairs the operation and efficiency of the department, and/or
which is likely to impair the ability of personnel concerned to perform
assigned duties as determined by the Chief of Police.

Officer Smith admittedly drank alcoholic beverages throughout the
evening and morning prior to the shooting. She carried and discharged a
firearm under the influence of alcohol intoxicants. She also provided
information concerning the red vehicle which was purposely false
considering she knows what a Camaro looks like and yet described the
vehicle as a Crown Victoria/Grand Marquis. She even described the
vehicle as a long four-door vehicle, nothing like a Camaro. She also stated
that she didn?t instigate the fight when the SnapChat videos clearly show
her as an escalator of events. Even though Officer Smith is not being
formally charged with criminal acts, she violated Florida State Statutes to
include, 790.151, Using firearm while under the influence of alcoholic
beverages, chemical substances, or controlled substances, 837.05 False
reports to law enforcement authorities and 837.055 False information to
law enforcement during investigation. This allegation is therefore;

SUS TAINED

2) 200.5 Unlawful Conduct: Employees shall not commit any act or crime
defined by state or federal law as a felony, whether chargeable or not.

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Officer Smith fired a handgun at an occupied vehicle after stating on video
that they were not shooting at her. Officer Smith was intoxicated and
careless. Officer Smith violated Florida State Statutes to include, 784.021
Aggravated assault and 790.19, Shooting into or throwing deadly

missiles into dwellings, public or private buildings, occupied or not
occupied; vessels, aircraft. Buses, railroad cars, streetcars, or other
vehicles. Troutman, Lyons, Cummings and Stevens were all scared during

this incident, as confirmed by their recorded interviews. This allegation is
therefore;

SUS 

3) 200.13 Professional Conduct and Responsibilities: Every employee
and member shall be required to establish and maintain a working
knowledge of the Federal, State and local laws and ordinances that
he/she is charged with enforcing. Every member and employee is
expected to observe and obey laws and ordinances, and the rules, orders
and directives of the Department.

Officer Smith violated Florida State Statutes and several Department
Directives to include not having the proper form filled out and approved by
Chief Chitwood authorizing her to carry an off duty firearm, as required by
directive 914.18. This allegation is therefore;

SUS 

4) 200.29 Department Morale: No employee shall engage in conduct on or
off duty, which adversely affects the morale or efficiency of the
Department.

Officer Smith?s conduct adversely affects the City and Department
because she is held to a higher standard as a police of?cer. She did not
rise above and walk away from the situation or attempt to call police. In
contrast, she escalated the situation into a deadly force encounter. This
allegation is therefore;

SUS TAINED

5) 200.42 General Conduct: Employees shall answer all questions truthfully.
This requirement extends to all official investigations and inquiries,
criminal and administrative, conducted by the Department or by any other

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agency. Nothing in the section shall be construed to require an employee
to waive any statutory or constitutional rights.

Officer Smith did not provide truthful answers to questions because she
purposely gave inaccurate vehicle descriptions. She also stated on video
that she picked up her spent round and during her interview she stated
she never made that statement. This allegation is therefore;

SUS TAINED

6) 200.109 Employee Actions: Employees shall not knowingly make a false
report or knowingly enter or cause to be entered any false information or
misrepresentation in any personal or city records or reports, including
accident, insurance, medical records, employment applications, purchase
orders, time sheets, or any other reports, records, or applications.

Officer Smith provided information concerning the red vehicle which was
purposely false considering she knows what a Camaro looks like and yet
described the vehicle as a Crown Victoria/Grand Marquis. She even
described the vehicle as a long four-door vehicle, nothing like a Camaro.
She also stated that she didn?t instigate the fight when the SnapChat
videos clearly show her as an escalator of events. Officer Smith also
advised Sergeant Monde on video that she picked up her shell casing but
denied saying that when asked during her formal administrative interview.
This allegation is therefore;

SUSTAINED

7) 914.7 Firearm Regulations: All police personnel shall remove and secure
ALL weapons prior to securing their vehicle at the end of their shift. The
only exception shall be an officer securing their assigned vehicle in
enclosed, secure garage.

Officer Smith?s SWAT rifle was located in her marked patrol vehicle,
unsecured (not in case) while the vehicle was parked in the parking lot of
her apartment complex. The rifle was not brought into her apartment and
the vehicle was not garaged. This allegation is therefore;

SUSTAINED

8) 914.17 Authorized Off Duty Handguns: Those full time sworn personnel
who wish to carry a handgun off duty shall only carry the type, model and
caliber of handguns approved by the Chief of Police. Handgun calibers
will be no less than .32 caliber and no greater that .45 caliber, and the

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weapon must be owned by the officer who is carrying it. The weapon
shall be inspected and approved by a quali?ed weapons instructor or
armorer in the Training Unit, prior to carrying the weapon.

Officer Smith was carrying and utilized a Glock 42 handgun, serial
number ABMH846. This firearm was not Department approved, inspected
or registered, as verified by the Training Division?s Sergeant McBride.
This allegation is therefore;

US TAINED

9) 914.23 Authorized Off Duty Handguns: Should the situation arise, off
duty officers are expected to utilize their firearm in the same manner,
which is reasonably expected of an on duty officer in a similar situation.

Of?cer Smith utilized her firearm carelessly and recklessly. She stated that
she didn?t think she could hit anyone at that distance and also stated that
they did not shoot at her. This allegation is therefore;

US TAINED

10)914.24 Authorized Off Duty Handguns: Prior to being granted the
authority to carry a firearm while off duty each officer must demonstrate
proficiency and familiarity with the safe operation and use of the firearm
to be carried.

Officer Smith did not complete the proper procedures outlined in
Department Directive 914 in order to carry a personal off?duty firearm.
This allegation is therefore;

US TAINED

11)914.26 Authorized Off Duty Handguns: Requirements for carrying a
firearm while off duty are listed below.

. Must be carried in a manner which provides concealment and
safety when in civilian clothing;

- Firearm may be carried in a purse;

- Unless otherwise authorized, firearms shall be concealed when in
civilian clothes;

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 Firearms will not be carried when involved in sports activities, with
exception of being engaged in ?shing, lawful hunting or
marksmanship;

- Firearms will not be carried when indulging in alcoholic beverages,
or at a bar or similar establishment;

Officers who elect to carry a firearm while off duty shall carry their
badge and department issued l. D. card. This will assist in
identifying the member as a police of?cer in the event the situation
arises.

Officer Smith admitted to carrying her firearm in her purse 
throughout the evening as she was drinking alcoholic beverages.
According to three witnesses (Harris, Stevens and Troutman),
Officer Smith pointed a firearm at them in the red Camaro without
provocation for that level of force. This display of a firearm is not in
a concealed or safe manner. This allegation is therefore;



12)1002.1 Notifications for Of?cer Involved Shootinngeadly Force
Incident: Whenever an officer discharges a firearm and is a principle
participant in a firearm discharge, while on or off-duty, for any reason
other than training or recreation, he/she shall immediately report the
lncident to Central Communications and to the on-duty supervisor.

Officer Smith was involved in an off-duty shooting and did not notify
Central Communications or the on-duty supervisor. She instead notified a
friend and fellow off-duty officer, Officer Puentes. Officer Smith was on
her department issued radio running a tag she stated was involved in the
incident and driven by the male whom shot at her. She had plenty of
opportunity to notify Central Communications of the incident and she
neglected to do so, as verified by radio recordings. She had the ability to
call a coworker when she should have been notifying Central
Communications or a supervisor. This allegation is therefore;

8 US TA INED

13)1004.7 Unauthorized Use of Deadly Force: Police officers will not
discharge their weapons when doing so will unnecessarily endanger
innocent people. 

. Police officers shall not discharge their firearms in defense of
property;

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a Police officers shall ensure their actions do not precipitate the use of
deadly force by placing themselves or others in jeopardy by taking

unnecessary, overly aggressive, or improper actions.

. NOTE: Retreating or repositioning is not a sign of weakness or
cowardice by an Officer; it is often a tactically superior police

procedure rather than the immediate use of force.

. Police officers shall not discharge their firearms to subdue a fleeing
individual who presents NO threat of imminent death or serious
physical injury to themselves or another person present, unless

exigent circumstances arise during the course of the fleeing.

Officer Smith?s actions precipitated the need to use deadly force. Her
behavior was aggressive as witnessed on video when she stated, ?I'm
here though and I called you right back from where you were over there,
so, what you wanna do?? Also, when questioning the group on where they
resided in the apartment complex one male stated, ?She?s not
neighborhood watch, we ain?t got to tell her nothing?. Officer Smith replies,
?You don?t but watch when I wrap you all up, go ahead?. ?Wrap up? means
to fight, according to Officer Smith and Nickia Lyons took that wording as
Officer Smith was going to harm them. Officer Smith also stated that they
were not shooting at her, when asked by Officer Dunne on AXON video.
Evidence shows Officer Smith created and escalated the entire incident.

This allegation is therefore;

SUS TAIN ED

Interviews

The following individuals were interviewed concerning this investigation:

. Elizabeth Stevens (Victim Interviewed by Criminal Investigation Division)

. Teja Troutman (Victim Interviewed by Criminal Investigation Division)
. John Harris (Victim Interviewed by Criminal Investigation Division)
0 Timothy Taylor (Victim Unable to be Interviewed/Uncooperative)

Nickia Lyons (Victim Interviewed by Criminal Investigation Division)

. Darrin Cummings (Victim Interviewed by Criminal Investigation Division)

. Unidentified Black Male (Witness Interviewed by Criminal Investigation
Division)

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Officer Selina Puentes (Witness Officer/Off-Duty, Interviewed by Criminal
Investigation Division)

Officer Brandon Jacobs (Witness Officer Interviewed by Criminal
Investigation Division)

Officer Michelle Smith (Subject Officer, Interviewed by Criminal
Investigation Division and Office of Professional Standards)

Exhibits

Memoranda
Miscellaneous Investigative Documents
Audio and Video Recordings

AXON Videos

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