PARS COMMONWEALTH OF Dcii: Ia-7Hluuosu PHILADELPHIA COUNTY ncki/Mc Dal Apr 11,2018 Cumplainl: COM-00017402016 Criminal Complalnl Fsiony Copy COMMONWEALTH OF vs DAVID SIMCOX i. the undersigned, do hereby slaIe under 0th or (I) My name is: WILLIAM SAUNDERS Sept. Poll:- (2) lancuse DAVID SIMCOX who lives at with violating the Penal Laws 0! Pennsyivania on 0! abouI "loudly, chomhlr 12, 2011 in the county oI Philadelphia. 13) The acts commilled by the accused were: REFER TO AFFIDAVIT OF PROBABLE CAUSE in vIuImkm cl Pennsyivuniu Penal Laws, sawmixl Ind tilleIs) CHARGES: Cod. Grids Baum- 002702 AGGRAVATED ASSAULT cm 002701 M2 SIMPLE ASSAULT 001 002705 M2 REAP col 604906 M3 FALSE REPORTS All :4 which is against the peace and dignity oi the Commonwealth a! 14) leek mat a wunanl oi arisei or a summons be issued Ind that the aacusaii be rsquimd in answer the charges I have mm. This complaint has been reviewed and appraved by ADJ. THACVYRIPP I5) I swear to or the within complaint upon my knawIedge. inionnation and and sign it on _peiore Philadelphia Municipal Court Judge/Analgnmenl 0mm Magistraie Signalule oI spun Magistrate. Signature oI Aliiant on 0411112013 the aims named aliiant swore or ammsd lhal Ihe lacts sea ionh in the oomplalul ways (we and correct to Iha best oI his/her knowledge. inlarrnation and belief. and signed it in my presence, I beiieve the within anianl to be a responsible peiann and Ihat there is pmbahle cause hr the issuance oi process, MM Issuing Auiherity navmx SIMEOX new: Iovianoosa Papa i sir iwimilmoii-i AM AFFIDAVIT OF PROBABLE CAUSE Commonwealth of Pennsylvania County of Philadelphia Copy Affiant: Warrant Control Number: P/O WILLIAM SAUNDERS 229 Septa Police AFF-0001 740-2018 PROBABLE CAUSE BELIEF IS BASED UPON THE FOLLOWING FACTS AND CIRCUMSTANCES: 1. That after investigation I have probable cause to believe that a warrant of arrest should be issued for: Defendant Name: DAVID K SIMCOX Alias: Gender: M Race: White DOB: 04/13/1988 Pid: Address: CHARGES: DC Number Code CC2702 CC2701 CC2705 CC4906 1871000050 Grade F M2 M2 M3 Count 1 1 1 1 Description AGGRAVATED ASSAULT SIMPLE ASSAULT REAP FALSE REPORTS 2. That the facts tending to establish the grounds for the issuance of the warrant of arrest and the probable cause for my belief are as follows: ( Note: if extended text exists, see following page(s)) I, THE AFFIANT, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND THAT PROBABLE CAUSE TO ARREST EXISTS. Affiant: PlO WILLIAM SAUNDERS 229 Septa Police Sworn to or affirmed and subscribed before me this 11 day of April 2018 , Affiant Signature DAVID K SIMCOX Issuing Authority Signature Page 1 of 4 Pages Printed: 04/12/2018 10:17AM AFFIDAVIT OF PROBABLE CAUSE Commonwealth of Pennsylvania County of Philadelphia Copy Affiant: Warrant Control Number: PlO WILLIAM SAUNDERS 229 Septa Police AFF-0001 740-2018 This Affidavit has been reviewed and approved by SIU ADA Tracy Tripp. 1871000050 Your affiant, SEPTA Transit Police Department, Sgt. William B. Saunders Jr. #55, being duly sworn according to law states I am employed by the SEPTA Transit Police Department as a duly sworn Police Sergeant and I am currently assigned to the Special Operations Response Team. Prior to this appointment, I was assigned to the Criminal Investigations Section for a period of 14 years as a Detective. In my capacity as a Detective and as a Sergeant, I have been involved in numerous arrests and investigations for violations of the laws of the Commonwealth of Pennsylvania. I am authorized to conduct investigations of, and to make arrests for all criminal matters. necessary to establish I have not included all facts known to me about this probable cause to issue arrest warrants for the defendants. Your affiants belief is based on the following facts and circumstances: On Tuesday, February 13, 2018 Chief Thomas J. Nestel Ill, of the SEPTA Transit Police Department assigned your affiant this investigation regarding the alleged use of excessive force by SEPTA Police Officers which occurred at the Frankford Transportation Center (5200 Frankford Ave. Philadelphia Pa.) on December 12th 2017. On Wednesday, February 14, 2018 Your Affiant interviewed the complainant who stated the following in summary: He was out with a friend after work that evening. While on the way home (he used the MFL El). Upon exiting the Train car he dropped his glasses in the track area. After looking for someone to help him and finding no one, he entered the track area himself. He did not recover his glasses. He was then approached from behind by persons unknown and was assaulted and subsequently arrested. Townsend admitted that he was intoxicated on around midnight December 12th and had been drinking since 5:30pm on December 11th. Townsend received a broken nose, concussion, some lacerations and reinjured an existing shoulder dislocation. On Tuesday, February 13, 2018 the assigned affiant reviewed the CCTV video from the FTC as well as the individual officers’ Body Worn Camera (BWC) footage which corroborates the assertions contained below herein. On Tuesday, December 12, 2017, at approximately 00:32 hours five uniformed SEPTA Transit Police Officers responded to a radio call for an intoxicated person in the track area at the Frankford Transportation Center which is located in the 5200 block of Frankford Avenue in the City and County of Philadelphia. When the officers arrived at that location, a male was sitting on the platform with his legs hanging over the edge of the platform. That male was later identified as Matthew Townsend, WM, 28, of Philadelphia, P Upon approaching the male, one of the five officers orders Mr. Townsend to “Get out.”. Without identifying himself as a police officer, Lanciano grabbed Mr. Townsend who was seated on the platform. Lanciano picked Townsend up by lifting him under the armpits, dragged him away from the track area, pushing him toward a wall on the platform. Townsend’s left arm is observed on BWC to be flailing, however he is not seen striking any officer with a closed fist. At this point, Transit Police Officer Simcox #253 began punching Townsend in the face repeatedly with a closed fist. All officers take Mr. Townsend to the platform floor. While on the ground, Lanciano punches Mr. Townsend in the back two to three times. At no time does Townsend make any movements that could have been construed as reaching for a weapon nor are any weapons recovered from Townsend. The other officers present during this incident, Transit Police Officer Christian Gregory #408, Transit Police Officer Kevin Costello #293 and Transit Police Officer Mark Byrne #425 were all interviewed by Internal Affairs and each reported that they did not see Townsend strike Lanciano. -— — Lanciano and Byrne transported Townsend to Aria Frankford Hospital who was treated by Dr. Jamie Adamski for having ci ictiinpr1 nacal hnri frnii ir grit-I iIg,cH hirI nil In, (cnnri Iccirln’ I, THE AFFIANT, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND THAT PROBABLE CAUSE TO ARREST EXISTS. Affiant: P/O WILLIAM SAUNDERS 229 Septa Police Sworn to or affirmed and subscribed before me this 11 day of April 2018 , Affiant Signature DAVID K SIMCOX Issuing Authority Signature Page 2 of 4 Pages Printed: 04/12)2018 10:17AM Commonwealth of Pennsylvania County of Philadelphia Li AFFIDAVIT OF PROBABLE CAUSE Copy Affiant: Warrant Control Number: PlO WILLIAM SAUNDERS 229 Septa Police AFF-0001 740-2018 .—————... Lanciano and Byrne then transported Townsend to the District and was charged with REAP, Aggravated Assault and Resisting Arrest for allegedly punching Lanciano #158 in the face. Lanciano was interviewed by Detective Keith Scott #7603 of the Philadelphia Police Department’s Northeast Detective Division. Lanciano told Scott in that interview that Townsend had punched Lanciano in the face two times with a closed list. Pictures of Lanciano’s face were taken by Scott. Those pictures do not show any visible injury or marks. Lanciano did not inform Det. Scott that he or Simcox had struck Townsend during the contact. On Tuesday, December 12, 2017 at 14:06 Hours: ADA K. Martinez, after reviewing CCTV and BWC footage, declined all charges against Mr. Townsend for unsubstantiated/uncorroborated reports. On Tuesday, February 19, 2018 The assigned conducted an interview with Jamie Adamski, DO (attending Physician on 12/1 2/201 7) In the interview Dr. Adamski confirmed the information contained in the discharge paperwork. He further stated that he made no audio or video recordings of his interactions with Townsend. On Wednesday, February 28, 2018 the assigned conducted an interview with PPD Det. Keith Scott #7603 in reference to the statement he took from Ofc. Lanciano on 12/12/17. Det. Scott provided a copy of his interview along with pictures taken of Ofc. Lancianos face. At no time in Officer Lanciano’s interview with PPD did he mention that he or any other officer struck Mr. Townsend, nor that Mr. Townsend was treated for injuries as a result of this altercation. He did state that Mr. Townsend punched him with a closed fist, and struck him twice. Each Transit Police Officer listed herein prepared a Response to Resistance form documenting their involvement in the physical contact with Townsend. Lanciano noted that he had been punched and delivered punches in return. Simcox noted that Lanciano had been punched and Simcox reported delivering punches in return. Gregory noted that Lanciano had been punched and Gregory reported using control holds in return. Costello noted that Lanciano was struck by Townsend and Costello reported using control holds in return. Byrne noted that a struggle occurred and that Townsend was brought to the ground. Lanciano’s punches landed on Townsend’s upper torso and face. Simcox’s punches landed on Townsends face. The entire contact was captured on station video and audio of the contact was captured on body camera video. As a result of the Internal Affairs investigation into the force used on 12 December 2017 by Lanciano and Simcox, both officers were terminated from the Transit Police as of 19 February 2018. The officer’s response in this matter was well above the officers force continuum. Their actions were in direct contravention to all provided training and departmental standards. Furthermore, the officers’ paperwork does not accurately reflect the incident at seen and heard on both body worn camera and platform video. I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. And now, your honor,Iam res ectfully requesting that an arrest warrant be issued for David K Simcox DOB for: — Title 18, 2702a1 Aggravated Assault (Fl), Title 18, 2701a1 Simple Assault (M2), T+I 10 ‘V7( , D.,n (F’) ,1 I, THE AFFIANT, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND THAT PROBABLE CAUSE TO ARREST EXISTS. Affiant: P/O WILLIAM SAUNDERS 229 Septa Police Sworn to or affirmed and subscribed before me this 11 day of April , 2018 2f Affiant Signature DAVID K SIMCOX fltØvl Issuing Authority Signature Page 3 of 4 Pages Printed: 04/12/2018 10:17AM AFFIDAVIT OF PROBABLE CAUSE Commonwealth of Pennsylvania County of Philadelphia Copy Warrant Control Number: Affiant: AFF-0001 740-2018 PlO WILLIAM SAUNDERS 229 Septa Police ILILi I U, I liLt lUI4llI4O LI 11.4141 IQl I Ilil IL lit fl IIIJLIIIiIILI .31JI I CI 1.1 Title 18, 4906a1 False Reports to Law Enforcement (M2) 41 I, THE AFFIANT, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND THAT PROBABLE CAUSE TO ARREST EXISTS. Affiant: P/O WILLIAM SAUNDERS 229 Septa Police Sworn to or affirmed and subscribed before me this 11 day of April 2018 , Affiant Signature DAVID K SIMCOX Issuing Authority Signature Page 40! 4 Pages Printed: 04/12/2018 10:17 AM