INCIDENT/INVESTIGATION REPORT I Gainesville Police Department Status Codes L = Lost S = Stolen UCR Status Case# 02-07-008464 R = Recovered Quantity D =Damaged Z =Seized Type Measure B =Burned C = Counterfeit I Forged Suspected Type F = Found Up to 3 types of activity D R u 0 s Assisting Officers ROWE, D.H. (0166) Suspect Hate I Bias Motivated: None (No bias) NARRATIVE On 04/28/07 at approximately 0100 hours I was on uniform patrol in a marked patrol vehicle when I was dispatched to The Swamp Resturant, 1642 W. University Ave, in reference to a disturbance. Upon arrival, I met with Michael Taphom who stated that as he was escorting a H/M, later identified as Aaron Hernandez, out of the restaurant after a dispute with his bill when he was struck in the left side of the head by Hernandez. Taphorn stated that he was speaking with Hernandez about the dispute regarding the bill and eventually asked Hernandez to leave the establishment. Taphorn stated that he began to escort Hernandez out of the resturant and when they got just outside of the front doors, he turned to walk back into the resturant and stated that he was struck in the left side of the head by Hernandez. Hernandez then fled the area. Taphorn stated that he could not hear out of his left ear. Taphorn refused medical treatment on scene and stated that he would seek medical attention on his own first thing Monday. I attempted to locate Hernandez however was unsuccessful. I did speak briefly with Timothy Tebow on scene. He stated that he was also out at The Swamp with Hernandez and another individual by the name of Shaun Young. Tebow stated that he witnessed the dispute between Taphorn and Hernandez. Tebow stated that he went over to try to help resolve the conflict. Tebow encouraged Hernandez to leave peacefully and tried to make arrangements to pay for the bill. The conflict between Taphorn and Hernandez continued and Hernandez struck Taphorn and then left the area. Shortly after 0300 hours, Sgt Rowe, 166, was able to locate Hernandez and speak with him. Post Miranda, Hernadez stated that during the night, a waitress brought him two alcoholic drinks (Hernandez is only 17 yoa) that he did not order. Hernandez stated that he was not aware that the waitress brought them to him and thought that they were provided by a fan. Prior to leaving, Hernandez was presented with a bill for the drinks by Taphorn. He stated that he did not order the items. A verbal altercation ensued and Hernandez called for Tebow to come over to intervene. Hernandez stated that Taphorn was "in his face" and yelling at him. Hernandez stated that as he was leaving the resturant, Taphorn was still engaging him in a verbal altercation and he struck Taphorn in the head and then he left the area. Please see Sgt Rowe' s supplemental report for further details. On 04/29/07 I spoke to Huntley Johnson, legal counsel for Hernandez. I advised Johnson that I was conducting the investigation into the battery and that a sworn complaint would be submitted however I would have to wait for Taphorn's medical results to determine specific charges (Battery or Felony Battery). On Monday 04/30/07 I received a message from Taphorn stated that he went to the doctor and that his eardrum had burst as a result of being punched by Hernandez and that it would take 4-6 weeks to heal. I then contacted Lt Etell of UPD and advised him of the medical outcome and that a sworn complaint would be filed for Felony Battery. Sgt Rowe was also notified. Follow up regarding who served Hernandez the alcoholic beverages is also being conducted. R CS2IBR By: OPD5994, 0413012018 20:26 Page 3 Narr. (cont.) OCA: 02-07-008464 INCIDENT/INVESTIGATION REPORT Gainesville Police Department A sworn complaint for Felony Battery has been submitted. R CS2IBR By: GPD5994, 04/30/2018 20:26 Page4 CASE SUPPLEMENTAL REPORT Printed: 04/30/2018 20:26 OCA: Gainesville Police Department 0207008464 THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY Case Status: EXCEPTIONALLY CLEARED Case Mng Status: PATROL SWORN COMPLAINT Occurred: 04/28/2007 Offense: BATTERY (FELONY) Investigator: ROWE, D. H. (0166) Supervisor: BAKER, S. D. (0082) Contact: Date I Time: 04128/2007 03:36:08, Saturday Supervisor Review Date I Time: 04/30/2007 00:00:00, Monday Reference: Supplement On 4-28-07 at approximately 0100 hrs, while on uniformed patrol at 1700 NW 1st Ave, I responded to The Swamp restaurant to back up Ofc N. S. Hallett on a battery investigation. Upon our arrival we were approached by the victim, Michael Taphorn, who was carrying a black sneaker. He advised he was punched in the side of the head by aUF football player after a dispute over a bill inside the restaurant. He said after the player punched him the player ran off around the corner heading east on NW 1st Ave from NW l 7th St. He said the suspect lost one of his shoes when he ran. He described the suspect as "the freshman tight end", and that he had a mulatto complexion with large earrings in both ears. He also said quarterback Tim Tebow was with the suspect, but Tebow stood by as a witness. He said Tebow also went around the corner with the suspect after the incident. I left Ofc Hallett with Taphorn and I drove around the corner onto NW 1st A v where I contacted Tebow and a second witness, Shaun Young, in the roadway. The suspect was not located at that time. I asked Tebow who the suspect was and he told me Aaron Hernandez. Both Tebow and Young said they had been over at Young's apt. at Ill NW 16th St. They then went to The Swamp and were upstairs with Hernandez. They knew there was some dispute about a bill that was presented to Hernandez by Taphorn as they were leaving. Both Young and Tebow said it appeared to them that Taphorn was being irrational and was "getting in Hernandez' face". Tebow said he stepped in to try to keep Hernandez from getting into trouble, since he is a football player, and the victim knew he was a player. Tebow and Young both stated that as the argument moved outside, and Hernandez was being ejected from the restaurant by Taphorn, Hernandez then punched Taphorn once to the head. They said Hernandez ran as Taphorn and several other bar security personnel followed him north along the sidewalk while challenging him (Hernandez) to come back. Ofc Hallet then arrived and said that Taphorn was still upset about being punched and he wanted to pursue battery charges. She said he was complaining about hearing loss in his left ear. I told Tebow it would be in Hernandez' best interest to contact us and give his side of the story. He said he would attempt to locate him and have him contact us. Tebow was concerned that his name would get out to the media as being involved in the incident. I assured him that we would not contact the media, and that he was being listed in the report as a witness only. I thanked him and Young for their assistance then I cleared from the call to respond to another incident. At approximately 0300 hrs, as I left the other call at Cabana Beach South apts., I was called by Sgt. J. Nabet to the 2000 block ofWUA. He said he was out at that location with the suspect. I arrived and met with Tebow, Young and Hernandez. Hernandez said he wanted to tell me what happened. I told him that even though he wasn't in custody, he was a suspect in a crime, so I would advise him of his Miranda rights prior to the interview. I did advise him of Miranda (from memory). He said he understood his rights, and he agreed to speak with me. He said he was upstairs at The Swamp with Tebow and Young. He was approached by a female who asked him if he wanted anything. She gave him two drinks that were an unknown type liquor. He said he was already drinking lemonade at the time. He said he Investigator Signature r_supp3 Supervisor Signature Page 6 CASE SUPPLEMENTAL REPORT Printed: 04/30/2018 20 :26 OCA: Gainesville Police Department 0207008464 THE INFORMATION BELOW IS CONFIDENTIAL- FOR USE BY AUTHORIZED PERSONNEL ONLY Case Status: EXCEPTIONALLY CLEARED Case Mng Status: PATROL SWORN COMPLAINT Occurred: 04/28/2007 Offense: BATTERY (FELONY) Investigator: ROWE, D. H. (0166) Supervisor: BAKER, S. D. (0082) Contact: Date I Time: 04/2812007 03:36:08, Saturday Supervisor Review Date I Time: 04/30/2007 00:00:00, Monday Reference: Supplement didn't realize the girl who gave him the drinks was one of the servers at the bar until later. He thought she was just a fan. He said he doesn't usually drink, and that whatever she gave him didn't taste good so he poured it into his lemonade to finish it. He said they then went downstairs in preparation of leaving. At that time he was approached by Taphorn who was waving the bill at him and asking, "What about this?" He thought the bill was for $12-13. Hernandez said he told Taphorn he wasn't paying it because he never ordered anything. He said Taphorn became irate and was "in his face". He said another female tried to intervene to pay the bill for him, but Taphorn ignored her and told Hernandez to just leave the premises. He said Taphorn was the aggressive one who kept advancing on him. Hernandez said he realized he had a temper and was yelling for Tebow to intervene. He said once they got outside, with Taphorn still being aggressive and not backing off, he admitted to punching Taphorn once in the head with his right fist. I examined his hands and did not see any abrasions or lacerations. I noted that Hernandez did not appear intoxicated, and I didn't even smell the odor of an alcoholic beverage on him as we spoke. He was very polite and professional. He provided me with the contact information of his mother, Terri Hernandez, who resides in Bristol, Ct. (Since he is ajuvenile and she would need to be contacted if charges are filed). I told him that in all likelihood Ofc Hallet would complete a sworn complaint charging him with battery, and that all involved parties would be interviewed by someone from the SAO who would determine if the filing of formal charges is warranted. I verified his identity using the Connecticut DL he presented to me. He and Tebow both said they had already called Coach Urban Meyer and advised him oftheir involvement in the incident. I told them we would not be pursuing any charges against Hernandez for drinking alcoholic beverages at the restaurant, but that it would be noted in the report, so the coaching staff may handle that issue internally. I thanked them for their cooperation and I went back in service at approximately 0330 hrs. Later that morning at 0730 I notified Lt. Richard at UPD of the incident and provided him with the case report number. I also told him that Coach Meyer had supposedly been notified already by the players. When I came back in to work that night, Ofc Hallet told me that she had been speaking with UPD Lt. S. Ettel about the incident. She also said she spoke with Huntley Johnson, who is the attorney representing Hernandez. She said she is going to hold off on completing a sworn complaint until Taphorn updates her on the extent of his injuries. The charges may be upgraded to felony battery if a medical exam reveals his eardrum to be perforated . I agreed with her decision and I had no other involvement in the case. Investigator Signature Supervisor Signature Page 7 CASE SUPPLEMENTAL REPORT Printed: 04/30/2018 20:26 OCA: Gainesville Police Department 0207008464 THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY Case Status: EXCEPTIONALLY CLEARED Case Mng Status: PATROL SWORN COMPLAINT Occurred: 04/2812007 Offense: BATTERY (FELONY) Investigator: KERKA U, N. S. (0585) Supervisor: REDDICK, J. (0 /53) Contact: Date I Time: 05/0812007 18:08:27, Tuesday Supervisor Review Date I Time: 06/ 13/2007 00:00:00, Wednesday Reference: Follow Up On 05/08/07 at approximately 1745 hours l was on uniform patrol in a marked patrol vehicle when I responded to The Swamp Restaurant, 1642 W. University Ave, in reference to a follow up. Upon arrival, I attempted to make contact with Taphorn to conduct a follow up investigation regarding attempting to identify the waitress who provided alcoholic drinks to Hernandez (17 yoa) on 04/28/07. I was told by employees that Taphorn was out of town and would return on Thursday. I left my business card and asked that they give it to Taphorn. On 05/10/07 at approximately 1800 hours I was on uniform patrol in a marked patrol vehicle when I responded to The Swamp Restaurant, 1642 W. University Ave, in reference to a follow up. I attempted to conatct Taphorn and was told that he would not be back until Friday 05/ll/07. On 05/14/07 at approximately 1800 hours I made contact with Taphorn who stated that he would provide me with the name(s) of the individual(s) who served Hernandez alcohol. Taphorn did state that he has been contacted by legal staff and coaches with UF and that they are working on an agreement however nothing has been finalized. Taphorn stated that he may request that the charges be dropped. I advised him that if that was his final decision that he would have to contact the State Attorney's office. 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