INDEPENDENT POLICE REVIEW AUTHORITY 26 August 2009 Log 1000214 The following is in essence but not verbatim a summary statement taken in question-and- answer format of Accused Police Of?cer William Levigne, #14059, relative to the incident that occurred on 03 October 2006, at approximately 2330 hours, in the vicinity 01- South Western Avenue Statement of Accused: Police Of?cer William Levigne, #14059 Statement being taken at: Independent Police Review Authority, 10 W. 35th Street Questioned and typed. by: Inv.? Daniel Kobel, #136 I DateandTIme ?26 A?g?st?iib?? 40320 hoursWhat is your name, star number, Emplo ee number and unit of assignment? William Levigne, #14059, Employee Unit 606 which is Central Investigations What is our current age and date of birth? 49 1960 What is your date of appointment to the Department? 07 July 1997 How long have you been assigned to your present unit? Since February 1St of this year Are you represented today by counsel of your choosing? If so, identify hime the record. Yes,? Are you aware that this statement has the standing of an of?cial Department report and that any falsi?cation of any answer to any question would be In direct violation of Department rules and regulationsYes Given that, I would like to remind you that failure to previde a complete and accurate statement could result in a ?nding of a violation of Rule 14 and disciplinary action up to and including separation. Do you understand? - A Yes - statement at this time because I know I co ld lose . if I refuse :1 Mean/If . maths?mu This statement is not being given voluntarily but ess. I am only giving this Signature of Police Of?cer William Levigne, #14059 mi Signature of Inv. Daniel Kobel#l36 ?y Page 1 of 4 INDEPENDENT POLICE REVIEW AUTHORITY Statement of Accused Police Of?cer William Levigne, #14059 Log 1000214 Page 2 I object to these allegations as written as they are overly broad and?vague and do not properly advise me of any speci?c acts of misconduct as required by'the FOP contract. Of?cer, you are not required to make any verbal response to the following. Of?cer, Attorney so represents other accused and witness of?cers in this CR investigation. As a result of_srepresentation of other accused and witness of?ces and you, there is a potential for a con?ict of interest between Attorney ?5 representation of you individually and his representation of the other accused and witness of?cers in this CR investigation. If you like, we may adjourn this statement and reschedule so that you may obtain separate counsel. Because of this potential for a con?ict of interest between Attorney-s representation of you and the other accused and witness of?cers in this CR Investigation, however, by going >0 forward with a statement with {Attorney-as your counsel, the Department takes the position that you are thereby waiving any potential con?ict of 1nterest that may exist as of the giving of this statement on 26 August 2009. How do you wish to proceed? Proceed with the statement. . Of?cer Levigne, I am showing you Attachment 42, marked with Log #1000214, please identify it for the record. It is my statement with IPRA from 12 August 2009. Due to an error is referred to as several times in that statement. Do you agree that is the complainant?s name and that a reference to in the previous statement should be understood to mean Yes Do you wish to amend any of the information in that statement? I wish to amend an answer regarding one of the queStions. On the bottom of page 7, the queStion is ?Did you direct profanity at? and On that date I answered no because I do not recall directing profanities toward them on a personal level. However, when they were not complying with verbal direction, I used a more forceful tone. I may have used; profanities when I used that more forceful tone to make sure that they complied. Additionally, the incident occurred three years ago and I can not recall all the statements I made that day. Why did you answer that question ?no? instead of don?t recall? or some similar answer? On the day that I answered the question, 1" took the question to mean, ?Was profanity directed at them on a personal level?? I do not remember directing profanity at them on a achieve compliance, I may have used what 18 const ed profanities to get them to Signature of Police Of?cer William Levigne, #14059 Signature of lnv. Daniel Kobel #136 personal level, that is why I answered the questionth)ZI did. However, in trying to comply to my verbal direction. LOG mam/4 Page 2 of4 INDEPENDENT POLICE REVIEW AUTHORITY Statement of Accused Police Of?cer William Levigne, #14059 Log 1000214 Page 3 What do you mean by ?directing profanity on a personal level?? What I meant by that is that I don?t remember calling them any derogatory names. A Did you ever refer t_or as a jagoff?? A As stated I don?t remember calling them that, but it did happen 3 years ago, but from my recollection, I don?t recall. Did you ever refer as a motherfucker? As stated I don?t remember calling them that, but it did happen 3 years ago, but from my recollection, I don?t recall. - 3M0 Did you ever direct the word ?fuck? or any variation thereon at?or - - I may have used that word in my directions in order to obtain compliance. However, it did happen three years ago and I don?t recall if I used it or when I used it. Is the word ?fuck? profanity? . i . I believe calling a person a name that uses the word ?fuck? as part of it is-profane. Are other uses of the word ?fuck? profanity? I believe that in different circumstances it can be construed as profanity. However, given the totality of the circumstances, I may have Used the word ?fuck? to obtain compliance. >0 >0 Was this situation a set of circumstances in which the word ?fuck? could be construed as profanity? . . A I believe I needed to be more assertive to obtain compliance and if I used the word ?fuck? I found it to be reasonable. Since I found using the word ?fuck? to be reasonable to obtain compliance, therefore I did not censtrue it to be profane. Did you call 911 to report the incident? A Yes Inv. Kobel: I am playing-an audio ?le saved to the case as attachment #27. Is that a recording of your 911 call? A Yes 7 Did you use profanity during that cali? Now that I have heard an audio recording and it refreshed my memory, I know now that I used forms of the word ?fuck? because I 136.3?: it was reasonable to obtain compliance to my verbal direction. Additionally,'this ev happe hr'ee years ago and I did not remember all of the statements I made til I eard dio recording. m, . 1.00% [ma/t Signature of Pelice Of?cer William Levi-gne, #14059 >0 Signature of Inv. Daniel Kobe] #136 Page 3 of 4 INDEPENDENT POLICE REVIEW AUTHORITY 7 Statement of Accused Police Of?cer William Levigne, #14059 Log 1000214 Page 4 Did you provide a false statement to IPRA regarding this case and your use of profanity? A No, I did not. I heard the question to mean was profanity directed toward them on a personal level and I do not remember directing profanity at them on a personal level. Do you remember directing profanity at them on an impersonal level? Again this happened three years ago,,and I do not remember directing profanity at them on an impersonal level, however; after hearing the audio recording, I know now that I used some form of the word ?fuck? in giving them verbal direction. >0 Why did you answer ?no? instead of don?t recall?? I thought that the question meant profanity directed at them at a personal level. I honestly did not believe that I directed profanity at them at a personal level, that?s why I answered no. >0 Did you use any profanity during the incident? I do not have any independent recollection of using profanity. 7 Do you have any further knowledge of this incident that we have not yet discussed?? No Are you aware that should you acquire any additional information or knowledge at a later time, you may share it by contacting Yes 0 0 >0 >0 After reading this statement, consisting of 4 pages and being provided with the opportunity to make corrections, additions and/or deletions, and ?nding it to be true and accurate summary of what you have stated, will you sign it? A Yes - QUEST IONING ED AT 0925 HOURS - . . . Signature bf Police3 Of?m?liam Levigne, #14059 Date/T 1me 2 ?VdeO I 294 zM Signature of Inv Daniel/Kobel, #136/ Signature of Police Of?cer William Levigne, #14059 Signature of Inv. Daniel Kobel #136 Page 4 of 4