Case Document 154-16 Filed 05/18/16 Page 1 of 7 PageID 4996

EXHIBIT 

Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 2 of 7 PageID 4997

Me m 0

11. If.. ~,.

Naples Police Department

TO:

Chief Thomas W,El~chler

FROM:

Lt. Greg

DATE:

June 22, 2012

SUBJECT:

Use of Force Review - Re: Case #12-01116

Gaffney\S):~

On Thursday, June 22, 2012, the Use of Force Review Board (per GO-008) concluded
its evaluation of an arrest incident whereby Master Officer Michael O'Reilly used force,
specifically his Taser, to stop an assault on his person.
On May 17, 2012, at 4:02am, Officers responded to 1221 5th Ave S regarding a repeat
noise complaint. During their investigation, officers became involved in a scuffle with the
residents while attempting to place several of them under arrest for disorderly conduct and
resisting. MO O'Reilly responded to the call as back up and while assisting Officer Bradshaw in
the arrest of one of the subjects, the suspect, Aleksandar Stepanovich, was already
handcuffed and being detained outside the residence, ran back into the residence and kicked
MO O'Reilly in the face/mouth knocking him backwards to the ground. Officer O'Reilly, still on
his back, warned Stepanovich to stop and subsequently drew his Taser. Fearing for his and
Officer Bradshaw's safety, MO O'Reilly fired his Taser at Stepanovich striking him the upper
torso/chest. Upon being struck, Stepanovich fell backwards out of the room. Stepanovich then
attempted to get up and was ordered to stay down; however, he continued try to get up and
Officer O'Reilly activated his Taser a second time for another five seconds. Afterwards,
Stepanovich complied and stopped resisting.
The review board consisted of Lt. Greg Gaffney, Lt. John Barkley, Sgt. Greg Sheridan
and Sgt. Seth Finman. Board members reviewed the reports associated with the incident and
determined the force was reasonable and necessary to stop the suspect's violent actions and
gain compliance.
As the result of the review, the board determined that the use of force was within
department policy.

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 Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 3 of 7 PageID 4998

Naples Police Department
Use of Force Report
General Information

Date
Occurred

Sector

Time of
Incident

Type of
Incident

Case Number

3
0452

05-17-12

Officer Involved
Michael O'Reilly

I.D.
#43

Off Duty
0
Non-Uniformed

~
~

On Duty
Uniformed

12-1116
Resisting
Arrest
Rank
Master Officer

Unit of
Assignment
Patrol/U43

0

Inc1dent Occurred
Off Duty 0
On Duty ~
Type of Premises
Single Unit- Condominium

Superv1sor on Scene
Yes 0
No ~
Location
450 Bayfront Place #4808

L1ght1ng

Good Art1f1c1al
Lighting 0
Poor Lighting ~

Daylight

Dusk

0

Clear

Night ~

~

Number of Opponents
:2

Not Injured

Weather Cond1t1ons
Cloudy 0
Fog
Dust
0
What weapons did they
use
Hands/feet

Medical Treatment:
Refused Treatment 0
Admitted 0

0

Medical Treatment:
Refused Treatment 0
Admitted 0

0

Number of shots fired
by opponents
N/A

0

Critical

0

Treated ana Released

Injuries Photographed:
Yes ~
No 0
Off1cer InJur16s
Superficial ~
Killed 0
Unknown

0

No Treatment Needed

Rain

0

Suspect InJur1es:
Superficial ~
Killed 0
Unknown

0

No Treatment Needed ~

Not Injured

0

0

Cri tical

0

0

Treated and Released

~

Injuries Photographed:
Yes ~
No 0

1

D000110

 Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 4 of 7 PageID 4999

Use of Force Report
(Continued)

Fl.rearm Dl.scharge

Offl.cer POSl.tl.on
Sitting D
Other D
Prone D

Standing D

Gun Worn:

Are you:
Right HandedD
HandedD

Type of Arruno
Used
N/A

Firearm Serial
Number
N/A

Firearm Make
N/A

Left

Right SideD
D

Kneeling

D

Shoulder HolsterD
BeltD

Left Side
Ankle Holster D
OtherD
Did you reload?

Did you have to sight and aim?
Yes D
How many did you
reload?

Number of Shots
Fired
N/A

No D
YesD
How long did the
reload take in
seconds?

No D
Did you count your
shots
Yes D

Distance from subject
when first shot fired:
N/A

Distance from subject
when last shot fired:
N/A

Number of shots fired
Double action
action

Single

No
D
Describe protective
cover:
N/A

Did your weapon function properly
Yes D

Number of Bullets Recovered
N/A

No D (Explain in
Narrative)
Location
N/A

2

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 Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 5 of 7 PageID 5000

Use of Force Report
(Continued)

PHYSICAL FORCE/

NON-LETI~

WEAPONS

Type of Weapon Used:
Expandable Baton []
Taser ~

Chemical Agents
Other []

[]

Super sock []

Circumstances Surrounding the Use of Force (Narrative)
At 0450 hours on 05-17-12, I (Ofc. Michael O'Reilly #43) was dispatched as
backup to 1221 5 th Ave. S.
Officers on scene requested additional assistance
in rectifying a repeat noise complaint violation with uncooperative subjects.
I arrived approximately 30 seconds later just as Ofc. Bradshaw radioed that
the subjects were fighting with officers.
I proceeded to the 4th floor of the
building, where I immediately heard the sounds of screaming and yelling coming
from down the hall.
I followed the sounds and saw Ofc. Harp physically
restraining a white male and a white female subject in the exterior hallway.
He indicated that Ofc. Bradshaw was still in the apartment and needed help as
subjects were fighting with him.
I located Ofc. Bradshaw inside unit #4808 in an unlit bedroom.
He was on a
bed in the far corner of the room struggling to gain control of a female, who
was actively attempting to get away from him. He told me she was under
arrest, so we guided her from the bed and placed her face down on the floor
with her head toward the entry door.
I was also on the floor over her back
holding her left arm in position to be handcuffed. At that time I felt a
tremendous blow to my face and was knocked backwards. As I regained my
balance while still on the floor, I observed as white male, later identified
as Aleksandar Stepanovich, yelling angrily at me and I realized he had kicked
me in the mouth.
Stepanovich's face was visibly contorted and he presented an aggressive
posture of imminent violence.
I warned Stepanovich to stop and drew my
department-issued Taser device, pointing it at him.
He proceeded to run at me
as I was still on the ground.
Fearing for my safety and that of Ofc. Bradshaw
(of whose condition I was not aware), I deployed my Taser, striking
Stepanovich in the chest with the upper probe near his nipple line and the
lower probe near his navel line.
The effect was immediate and Stepanovich
immediately ceased his resistance, falling backwards out of the room. As I
gained my feet after the deployment, Stepanovich also attempted to get to his
feet.
I ordered him to stay down and cease his actions.
He declined and I
activated my Taser a second time.
The effect was again immediate and he did
not try to get up again. At that time, I noticed Stepanovich was handcuffed
behind his back and realized he was the male subject I had seen detained in
the exterior hallway with Ofc. Harp.

3

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 Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 6 of 7 PageID 5001

Use of Force Report
(Continued)

Taser / Baton application areas
{Place "X's where probes (or impact weapon) hit suspect and "O's" where
drive stunned)

AIIOTor",UCAlllLUSTRA TIOn
(REAR)

(FROtlT)

HEAD
_ _, tlECK

CHEST

""''''''''''~~

UECK
SPIt~E

~~

___ SOLAR PlEXIS!'
UPPER ABDOrv1EU

ELBOWS

El,
AIIAL CLEFT

Kt~EES

1Siii!lr--

D000113

KUEES

 Case 2:14-cv-00270-PAM-MRM Document 154-16 Filed 05/18/16 Page 7 of 7 PageID 5002

Use of Force Report
(Continued)

ID Number

#43
;

I'

Date
05-17-12

ID Number

Supervisors Signature
Date
$'/4"1/0,

Within Policy Yes[fl,
Further Investigation Required D

#

~l ,S7

NoD

A copy of the Offense Report MUST be attached
Distribution:

Deputy Chief

Chief of Police
Professional Standards
Deputy Chief's Signature

ID Number
Date

YesD

NoD

within policy
Further Investigation Required

D

\:,

5

D000114