SUMMARY REPORT CHICAGO POLICE DEPARTMENT LOG NO 1025812 ITYPE CR I DATE OF REPORT I TO: DEPUTY SUPERINTENDENT, BUREAU OF PROFESSIONAL STANDARDS ATTENTION: CHIEF, INTERNAL AFFAIRS DIVISION 24-Nov-2009 - NAME RANK STAR NO EMPLOYEE NO UNIT ASSIGNED VANNA, RDETERT 9171 2232 ADDRESS: 1932 w. 82ND ST. CI-IICAGQ. IL 60620 REFERENCE ALL RELATED C.L., C.B.. INVENTORY NOS. ETC.. PERTINENT OF THIS INVESTIGATION) 013 UNIT I ACCUSED NAME RANK STAR NO EMP No UNIT UNIT DOS APPOINTED ON SWORN ASSIGNED DETAILED DATE DUTY 7 BRUNDAGE.JOHN 9173 406 006 YES YES I QUINN. PATRICKT 9171 1219 009 WHI YES 9161 12440 044 006 Ml BLK 28-JUL-2008 YES 9'1'61 17352 006 I 29-AUG-2006 YES YES BRENDAL - - . 9762I 606 11-AUG-1986 I YESJ YES I REPORTING PARTY NAME CITY STATE TELEPHONE RANK39171.STAR NO: 2230. EMP NE- VICTIMS NAME CITY STATE I TELEPHONE I WITNESSES NAME CITY STATE TELEPHONE 40?7675? WINTERS. MALAKIA RANK: 9161 .STAR NO: PARKER, DARIUS SANCHEZ. RUBEN RANK: NO: 18422.EMP RANK: VENEGAS, JON RANK: NO: 19469.EMP NO: ROMAN. SEAN ANDREWS. CONSTANTI MC NULTY. PATRICK RANK: 9796.6TAR NO: 664.EMP NO: RANK: S796.STAR NO: .EMP NO: RANK: NO: 2040.EMP MTS IF CPD MEMBER. LIST RANK. STAR. EMPLOYEE NOS. IN ADDRESS. PAXIBELL IN TELEPHONE BOX. CPD-44.112-IAD (Rev. 2109) Page 1 I I0266I2 I SUMMARY REPORT CHICAGO POLICE DEPARTMENT ALLEGATIONS SEE LAST PAGE FOR INSTRUCTIONS FOR STATING ALLEGATIONS. AND COMPLETFNG THE REMAINDER OF TH LOG NO 1' TYPE DATE OF REPORT 1026812 CR SUMMARY REPORT SEEAITACHEDREPORT (Rev. 2109] Page 2 wk CR 1026812 SUMMARY REPORT ALLEGATI ON Commander Len #1305 No. 1 No. 2 On 22 May 2009 between the hours of 0130 2.000 the accused, Commander Leo Schmitz #605, failed to ensure compliance with Department directives while members under his command were investigating the traffic crash investigation involving an off-duty Department: member recorded under R.D. No. HR-334491. On 22 May 2009 between the hours of 0130 2000 the accused, Commander Leo Schmitz. #605, failed to ensure that members under his command conducted a timely, thorough, coordinated, and objective investigation into the traffic crash investigation involving an off-duty Department member recorded under R.D. No. Lieutenant John BRUNDAGE #408 N0. 1 No. It is alleged that on 22 May 2009 between the hours of 30 1000 the accused, Lt.? John Brundage #408, did not ensure that Department members under his command conducted a timely traffic crash investigation involving an off-duty Department member recorded under RD. No. It is alleged that on 22 May 2009 between the hours of 0130 1000 the accused, Lt. John Brundage #408, failed to ensure compliance with Department. directives while members under his command were investigating the traffic crash investigation involving an off-duty Department member recorded under R.D. N0. Sergeant Patrick QUINN #1229 No. 1 No. 2 On 22 May 2009 between the hours of 0130 1000 the accused, Sgt. Patrick Quinn #1219, did not ensure that Department members under his command conducted a timely traffic crash investigation involving an off- duty Department member recorded under R.D. No. HR-334491. On 22 May 2009 between the hours of 0130 1000 the accused, Sgt. Patrick Quinn #1219, failed to ensure compliance with Department directives while members under his supervision were investigating the traffic crash investigation involving an off-duty Department member recorded under R.D. No. Page 1 of 14 CR 1026812 SUMMARY REPORT Police Officer Brenda GOMEZ-SANCHEZ #17352alleged that. on 22 May 2009 at approximately 0131 hours the accused, P.O. Brenda Gomez?Sanchez, #17352 conducted a traffic stol) that was recorded by the ln?Car Video System where the accused did not have the remote transmitter/audio recorder securely attached to her person. It is alleged that on 22 May 2009 between the hours of 0130 2000 the accused, Brenda Gomez-Sanchez, #17352, did not conduct a timely and thorough traffic crash investigation involving an off?duty Department member recorded under RD. N0. HR-334491. It is alleged that on 22 May 2009 between the hours of 0] 30 2000 the accused, Brenda Gomez?Sanchez, #17352, failed to follow field procedures as outlined in Department General Order entitled DUI Arrest Procedures and Court Responsibilities. It is alleged that on 22 May 2009 between the hours of 0130 2000 the accused, Brenda Gomez-Sanchez, #17352, failed to comply with Department directives while investigating the traffic crash investigation involving an off-duty Department member recorded under RD. No. HR- 334491. Police Officer Milton KINNISON #12440 No. 1 No.2 No. 3 No.4 It is alleged that on 22 May 2009 at approximately 013! hours the accused. PO. Milton Kinnisou #12440 conducted a traffic stop that was recorded by the ln?Car Video System where the accused did not have the remote transniitten?audio recorder seetu'ely attached to his person. It is alleged that on 22 May 2009 between the hours of 0130 - 2000 the accused, PO. Milton Kinnison #12440, did not conduct a timely and thorough traffic crash investigation involving an off?duty Department member recorded under RD. N0. HR-334491. It is alleged that on 22 May 2009 between the hours o'f0130 2000 the accused, PO. Milton Kinnison #12440, failed to follow l?ieltl procedures as outlined in Department General Order 01-03-03A entitled Arrest Procedures and Court Responsibilities. It is alleged that on 22 May 2009 between the hours of0130 2000 the accused, PD. Milton Kinnison #12440, failed to comply with Department directives while inveStigating the traffic. crash investigation involving an off-duty Department member recorder] under RD. No. Page 2 of 14 CR 1026812 SUMMARY REPORT 2. EVIDENCE ATTACHMENTS: 1. Face Sheet 2. Con?ict Certification Sgt. Timothy Moore 3. Con?ict Certification Sgt. Robert Vanna 4. Sworn Affidavit (NOT REQUIRED) 5. Initiation Report 6. Synoptic Report of Sgt. Richard Downs 7. Witness Report 4 P.O. Gomez?Sanchez (22 May 2009) 8. Witness Report -- P.P.O. Milton Kinnison (22 May 2009 9. Attendance ?5 Assignment Record (22 May ?2009, Watch} 10. Event Query Results (All Related Event Nos.) 11. Traffic Crash Reports 12. Crime Scene Processing Report 13. Major Accidents Investigation Unit Reports 14. District Radio Assignment Pending Event No. 15. DUI Reports for Richard Bolling 16. Little Company of Mary Blood Urine Releases 17. Arrest Report for Richard Bolling 18. Notification of Duty Restrictions for PC. Richard Bolling 19. Handwritten Statement of Lieutenant John Brundage 20. Request/Hold for OEMC Audio Transmissions 21 Request to information Services Division for phone records and email account of Commander Leo Schmitz 22. Request to Assistant Superintendent of Operations for On-Call Incident Commander's report 23. RD. Brenda GomezaSanchez Arrest Activity History 24. Interview Accused Commander Leo Schmitz #605 25. 2nd Interview Accused Commander Leo Schmitz #605 26. Interview Accused Lieutenant John Brundage #408 27. Interview Accused Sergeant Patrick Quinn #1229 28. Interview Accused Police Officer Brenda Gomez-Sanchez #17352 29. Interview Accused Probationary Police Officer Milton Kinnison #12440 30. Interview Witness Sergeant Sean Ronan 31. Interview Witness ADS Patrick McNulty (Ret) 32. Interview Witness Deputy Chief Constantine Andrews 33. Interview Witness 4 Police Officer Malakia Winters 34. Interview Witness Police Officer Darius Parker 35. Interview Witness Police Officer Jon Venegas 36. Interview Witness Police Officer Ruben Sanchez 37. Notification of Allegations Commander Leo Schmitz #605 38. Notification of Allegations Lieutenant John Brundage #403 39. Notification of Allegations Sergeant Patrick Quinn #1229 Page 3 of 14 CR 1026812 SUMMARY REPORT 2. EVIDENCE (Continued) ATTACHNIEN TS 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 7i. 31. Notification of Allegations Police Officer Brenda Gomez?Sanchez. #17352 Notification of Allegations Probationary Police Officer Milton Kinnison #12440 Witness Notification Sergeant Sean Ronan #2040 Witness Notification Police Officer Malakia Winters #15129 Witness Notification 4 Police Officer Darius Parker #18422 Witness Notification Police Officer Jon Venegas #19469 Witness Notification Police Officer Ruben Sanchez #11256 Department General Order 98-01-01 Preliminary Investigations 4 Traffic Crashes Department General Order 98-0102 Hit and Run Crashes Department General Order 98?01-03 Crashes Fatalities or Life Threatening Injury Department General Order Traffic Crashes Involving Department Members Department General Order DUI Arrest Procedures and Court Responsibilities Department General Order 0103?01 - DUI Implied Consent Legislation Department General Order 9303?0513 Special Situations Results of Commander Email Account (Electronic File) Results of Sergeant Ronan?s Email Account (Electronic File) Electronic Digital File of Camera Video for Beat 632 (.4 VAJLABLE UPON REQUEST THRO UOH RECORDS) Electronic Digital File of Camera Video for Beat 632 (.4 VAIMBLE UPON REQ UEST THROUGH RECORDS) Electronic Digital File of InaCar Camera Video for Beat 632 (.4 VA ILA RLE UPON REQUEST THROUGH MD RECORDS Electronic Digital File of [it?Car Camera Video for Beat 632 VAILABLE UPON REQUEST THROUGH IAD RECORDS) O.E.M.C. Audio File Call to OEMC :27: 15 01:28:49] O.E.M.C. Audio File - Call to OEMC [01:27:15 01:28:19] O.E.M.C. Audio File Call to OEMC [01:27:27 01:28:14] O.E.M.C. Audio File Call to OEMC [01:27:27 01:28:19] O.E.M.C. Audio File Call to OEMC [01:27:31 01:28:58] O.E.M.C. Audio File Call to OEMC [01:27:40 01:28:50] O.E.M.C. Audio File Call to OEMC [01:29:41 01:30:45] O.E.M.C. Audio File Call to OEMC [01:30:28 4 01:31:20] O.E.M.C. Audio File Call to OEMC [01:30:22 01:31:20] OEMC. Audio File Call to OEMC 101:35z21 01:37:00] OEMC. Audio File Zone 8 Radio Traffic [01:20:00 01:38:00] O.E.M.C. Audio File Zone 8 Radio Traffic [01:38:00 02:38:00] Page 4 of 14 REPORT CR 102.6812. O.E.M.C. Audio File Zone 8 Radio Traffic 02:38:00 03:38:00] 72. 73. O.E.M.C. Audio File Zone 8 Radio Traffic [03:38:00 - 04:38:00] 74. O.E.M.C. Audio File - Zone 8 Radio Traffic [04:38:00 a 05:38:00] 75. O.E.M.C. Audio File. Zone 8 Radio Traffic [05:38:00 06:38:00] 76. O.E.M.C. Audio File 4 Zone 8 Radio Traffic [06:38:00 07:15:00] 77. Response from Operations Command Information Request 78. Commander Schmita? Blackberry Log P.O. Gomez-Sanchez Help Desk Ticket Nos. _3 - 3 dz 25397816 79. 80. Commander Schmitz Response to Request for OCIC Report Documenting Incident OCIC Report Retrieved from Sgt. Ronan Email Account 82. Education Training Bulletin 01-05 (Standardized Field Sobriety Test) 83. Department General Order 01?03-02 SFST 84. Department General Order 0904 On-Call Incident Commander 85. General Order 94?04 Operations Command and Assistant Deputy Superintendent for Operational Services 86. Commander Leo #605 Complimentary History 87. Commander Leo Schmitz #605 Disciplinary History 88. Lt. John Brundage #408 Complimentary History 89. Lt. John Brundage #408 Disciplinary History 90. P.O. Milton Kinnison #12440 Complimentary History 91. PO. Milton Kinnison Disciplinary History 92. Department Special Order 04?07 District Watch Commanders 3. INVESTIGATION This investigation addresses Department members? actions while conducting a fatal hit- and-run traffic crash investigation, RD. No. At 01:27:15 hours OEMC dispatchers received the first. of eleven (1 1) calls for service concerning a hit?and-run traffic accident with serious injury at the corner of 81'? Ashland. (Attachment 60) The investigation conducted by Reporting Sergeant has revealed that at 0131 hours on 22 May 2009 Beat 632: Police Officers Gomez-Sanchez and Kinnison, had occasion to conduct a traffic stop of off?duty P.O. Richard Bolling at 82"" 8: Winchester. At approximately 01:31:30 hours Police Officer Gon?tez-Sanchez went over Zone 8 radio with this traffic stop. (Attachment 70) PO. Bolling was driving westbound on 82?d Street which is an eastbound only street. According to ln?Car Camera video obtained from Beat 632. Officers Gomez?Sanchez and Kinnison activated their emergency equipment which, in turn, activated the In-Car Camera system. P.O. Bolling curbed and exited his vehicle and was compliant with the instructions provided to him by the officers. Both officers exited the marked squad but neither officer had the remore transmitter/audio recorder attached to their person. P.O. Gomez~Sanchez provided a Help Desk Ticket No. 25397816 which documented her inability to log into the ln?Car Camera System. (Attachments 28 79) Consequently, verbatim conversation between the officers and PO. Bolling was lost. In his statement, P.P.O. Kinnison stated that after Page 5 of 14 SUMMARY REPORT CR 1026812 P.O. Bolling identified himself as a Chicago Police Officer, P.P.O. Kinnison secured Bolling's weapon and identification. P.P.O. Kinnison further stated that PO. Bolling kept saying "Ijust want to go back." (Attachment 29) At the time P.O. Bolling was stopped by Officers Gomez?Sanchez and Kinnison the call of the traffic accident that involved PO. Bolling had not been dispatched by OEMC to the Chicago Police. During his statement, P.P.O. Kinnison stated that he believed PO. Bolling had been drinking because he observed an open bottle of alcohol in the console of the vehicle and PO. Bolling had "a little smell of alcohol." (Attachment 29) In her statement, PO. Gomez- Sanchez. stated that the smell of alcohol from P0. Bolling was "moderate." (Attachment 28) At 01:37:40 P.O. Gomez-Sanchez went over Zone 8 and gave Beat 610, Sgt. Quinn her cell phone number so that Sgt. Quinn could contact her. (Attachment '70) In her statement, P.O. Gomez-Sanchez stated that she contacted Sgt. Quinn because she and FPO. Kinnison had an "off duty P.O. who was involved in an accident" and "there was blood on the windshield." (Attachment 28) In the statement provided by Sgt. Quinn, he stated that P.O. Gomez?Sanchez related "basically that she pulled over an off?duty officer and she needed me to come over there. Something involving an off-duty cop and alcohol and she needed me to come over there." (Attachment 27) P.P.O Kinnison stated that people began approaching their location to relate what they had observed and to identify the car as the car involved in the traffic accident. (Attachment 29) ln?Car Camera video documented that after the he exited his vehicle, P.O. Bolling remained uncuffed on the side of the street. From 0140 - 0144 hours P.O. Bolling used his personal cell phone. At 0145 hours P.O. Bolling was placed in the rear of Beat 632?s vehicle. According to the Event Query conducted and OEMC provided transmissions, Beat 612 was assigned to the traffic crash located at 8100 S. Ashland at 0138 hours. (Attachments 10am At 0139 hours Lt. John Brundage Was notified by Sgt. Quinn of the situation involving the traffic stop of PO. Bolling. This information was obtained from Lt. Brundage in the statement he provided on 01 July 2009. Lt. Brundage stated that at 0145 hours he received a second phone call from Sgt. Quinn who related that P.O. Bolling may have been the vehicle involved in a hit-and-run traffic crash. (Attachment 26) At approximately 0147 hours Sgt. Quinn arrived at the location of 82"d Winchester at the request of Beat 632. Event Query documentation show that Sgt. Quinn went: populated "On Scene" at 0149 hours. (Attachment 10) Sgt. Quinn was the only field sergeant assigned to work the 151 watch on 22 May 2009. In his statement, Sgt. Quinn stated that upon his arrival he spoke to P.P.O. Kinnison who related that the person he and PO. Gomez-Sanchez stopped was a Chicago Police officer and there was beer in the car. Sgt. Quinn stated that he called numerous people from the location. Sgt. Quinn stated that he was not aware of the pedestrian accident until he contacted the Zone 8 dispatchers via his personal cell phone. 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(Attachment 24) Commander Schmitz did not provide any further instruction to Lt. Brundage. While awaiting the arrival of Commander Schmitz, Sgt. Quinn informed PO. Bolling that the "kid died." According to ln-Car Camera video this occurred at 02:22:51 hours. P.O. Bolling exclaimed "No! No!" several times. At 02:24:00 P.O. Bolling knocked on the window of Beat 632 and asked Sgt. Quinn if he could use the bathroom. At 02:24:] 7 Lt. Brundage introduced himself to PO. Bolling. Lt. Brundage told PO. Bolling that a Street Deputy was going to come out to the scene. Lt. Brundage told 1-3.0. Bolling that they were going to ask him to submit to Field Sobriety Testing. PO. Bolling responded that he would take the test. Lt. Brundage stated that they were going to wait for the arrival of the Deputy. Per the instructions of Lt. Brundage, Beat 632= Officers Kinnison and left the scene of 82?" if: Winchester with PD. Bolling at 0227 hours for the purpose of allowing P.O. Bolling to use the bathroom. Beat 632 drove to a Citgo gas station at 79?" 3: Damen. Lt. Brundage accompanied Beat 632 to this location. At 0231 hours Beat 632 left 3'9"1 Damen and returned to 82nd it: Winchester at 0232 hours. (In-Car Camera Video) At 0242 hours Sgt. Quinn spoke to PO. Bolling about the various steps that were going to take place in the investigation. Sgt. Quinn also spoke to Officers Kimiison and Gomez?Sanchez and related that he wanted to call Lt. Brundage to "get the Field Sobriety Test taken care of." PO. Gomez?Sanchez asked if the Deputy needed to be there. Sgt. Quinn stated "Not for the Field Sobriety Test." Officers Gomez-Sanchez and Kinnison then stated that Lt. Brundage told them not to do anything until the Street Deputy arrived. (In-Car Camera Video) While en route to the scene from the 025lh District, Commander Schmitz contacted Deputy Chief Constantine Andrews at 0225 hours. (Attachment 78) Commander Schmitz. stated that he contacted Deputy Chief Andrews to get some advisement. on how to handle the situation." (Attachment 24) Commander Schmitz Spoke with Deputy Chief Andrews for 11 minutes. in their statements, both Commander Schmitz and Deputy Chief Andrews related that advice was given on how to handle the incident if there was an allegation of impairment. Deputy Chief Andrews stated that he advised Commander Schmitz. to get to the scene before making any decisions. (Attachments 31 32) At 0239 hours Commander Schmitz contacted Deputy Chief Nicholas Roti. (Attachment 78) Commander Schmitz stated that he called Deputy Chief Roti to inform him that an officer in Organized Crime had been involved in a bad accident. This conversation lasted 2 minutes. (Attachment 25) At 0248 hours Commander Schmitz contacted former Assistant Deputy Superintendent Patrick McNulty. Commander Schmitz stated that he contacted ADS McNutly to get more advice on how to handle the situation. Commander Schmitz stated that he "considered himself lucky" to have contacted both Deputy Chief Andrews and ADS Page 8 of 14 SUMMARY REPORT CR 1026812 McNulty. (Attachment 24) Both Commander Schmitz and ADS McNulty stated generalized questions were asked and the specifics of proceeding with the investigation if there was an allegation of impairment were also discussed. (Attachments 24 c?ii 31) Both Deputy Chief Andrews and former Assistant Deputy Superintendent McNulty related the provisions in place as outlined in the Department General Order entitled Special Situations. (Attachments 31 32) Also. while en route to the scene, Commander Schmitz had occasion to speak with his driver, Sgt. Sean Ronan. Sgt. Ronan is a DUI Instructor for the Chicago Police Department. Sgt. Ronan has been an instructor of the Standardized Field Sobriety Tests and DUI procedures since 1999. Sgt. Ronan estimated that he has taught SFST to approximately 1000 CPD recruits and 1600 1800 Iii-Service CPD officers. Sgt. Ronan further estimated that: he has taught about 500 Illinois State Police Cadets and 350 400 municipal recruits. Sgt. Ronan stated that he has made approximately 350 DUI arrests as a Chicago Police Officer. (Attachment 30) In the witness statement provided by Sgt. Ronan, he stated that he informed Commander Schmitz of his background as a DUI Instructor. Sgt. Ronan further stated that Commander Schmitz felt relieved but did not ask for any advice about actions that should be taken. Sgt. Ronan stated that Commander Schmitz positioned his in-car radio to Zone 8 and that the air traffic on Zone 8 was "surprisingly quiet." (Attachment 30) . . 1 . . ander Schmitz arrived at the 006[1 District: At the approximate time of 0300 hours, Comm ped at the 0061'] District facility with Sgt. Ronan. Commander Schmitz stated that he stop to see if someone was brought into the station. Commander Schmitz stated that once he learned that everyone was still at the scene, he and Sgt. Ronan left the District. Commander Schmitz stated that. he then went to 815' Ashland where he met with Lt. Brundage. Commander Schmitz stated that he spoke with Lt. Brundage and reviewed the scene of the accident. Commander Schmitz then left 81'? a; Ashland and went to the scene where P.O. Bolling was in custody at 82"d Winchester. (Attachment 24) According to In-Car Camera video, Commander Schmitz and Sgt. Ronan arrived at: 82nd Winchester at approximately 0312 hours. At that. time: the various supervisors and 0061h District personnel met with Commander Schmitz. Commander Schmitz stated that he informed them that they will "do everything 100% correct because everything will be scrutinized." (Attachment 24) According to In?Car Camera video, Commander Schmitz Spoke with Officers Kinnison and Gomez-Sanchez at 0316 hours. In his statement, Commander Schmitz stated that. he spoke to the officers about the nature of their stop. (Attachment: 24) However, in his statement, P.P.O Kinnison stated that he did not speak with Commander Schmitz during the incident. (Attachment 29) In her statement, P.O. Gomez-Sanchez stated that she spoke with Commander Schmitz about performing the Standardized Field Sobriety Test. (Attachment 28) At 0319 hours Officers Kinnison and Gomez-Sanchez. prepared the area where they were going to administer the Standardized Field Sobriety Test. In their preparation, Officers Kinnison and Gomez-Sanchez positioned their spot: lights directly in front of their Page 90f14 SUMMARY REPORT CR 1026812 vehicle. Officers Kinnison and Gomez?Sanchez, each placed the remote transmitter/audio recorder on their person. (In?Car Camera Video) At 0326 hours, P.O. Bolling was escorted by PD. Gomez-Sanchez to the front of the vehicle to await her instructions. P.O. Kinnison was with PD. Gomez?Sanchez. (In?Car Camera Video) At 0327 hours, P.O. Gomez-Sanchez provided instructions to PO. Bolling concerning the Walk-and-Tum Test. At 0329 hours, P.O. Bolling completed the Walk?and-Turn Test. (In-Car Camera Video) At 03:29:30 hours, P.O. Gomez-Sanchez provided instructions to PO. Bolling on how to complete the One-Leg-Stand Test. At 03:30:38 hours P.O. Bolling began the One-Leg? Stand Test. At 03:31:00 P.O. Gomez-Sanchez told P.O. Bolling to stop the test. (In-Car Camera Video) At 03:31:24 hours, P.O. Gomez-Sanchez provided instructions to PO. Bolling on how to complete the Finger?to-Nose Test. At 03:33:28 hours P.O. Bolling completed the Finger- to?Nose Test. (In-Car Camera Video) At 03:33:40 hours P.O. Gomez?Sanchez informed P.O. Bolling that she was going to rm the Horizontal Gaze ystagmus Test. At 03:35:00 hours the test was completed perfo O. Bolling was then placed back into and PO. Gomez?Sanchez recorded her results. P. the vehicle of Beat 632. (In-Car Camera Video) During the administration of the Standardized Field Sobriety Tests there were no supervisors observing the test close enough to be captured on video. In his statement, Sgt. Ronan stated that he was not instructed by Con'n'nander to supervise the SFST in order to ensure it was correctly administered. Sgt. Ronan stated that he was "kitty corner. The southeast corner of 82?d Winchester. Approximately 25 feet. away. Sgt. Ronan further stated that he was not aware of anyone supervising Officers Gomez- Sanchez and Kinnison as they administered the Standardized Field Sobriety Tests to PO. Bolling. Ronan stated that he was not instructed by Comn'iander Selimitz to review the Standardized Field Sobriety Test with Officers Kinuison and Gomez-Sanchez prior to the SFST being administered to PO. Bolling. The Standardized Field Sobriety Test should have been administered in the following sequence: 1. Horizontal Gaze ystagmus 2. Walk-and?Turn 3. One-Leg-Stand 4. Finger?to-Nose (Not part of SFST Battery of Tests) When asked if there was a reason for the Specific sequence of tests, Sgt. Ronan stated "The reason for (the afOI'C?l'llBl'tLlOIlCd sequence) is we go from our strongest to our weakest test in terms of reliability. If you take the Horizontal Gaze Nystagmus and walls? and?turn there is an increased reliability based on those. two tests." Sgt. Ronan further Page 10 of 14 SUMMARY REPORT CR 1026812 stated that CPD recruits are taught to administer the SFST in the above referenced order. (Attachment. 30) At the completion of the Standardized Field Sobriety Test, Officers Gomez-Sanchez, and Kinnison met with the supervisors on the scene and informed them that P.O. Bolling had satisfactorily performed the Standardized Field Sobriety Test. At that time, it was determined that PC. Bolling was not going to be processed as a DUI offender. In his statement, Commander Schmitz stated "As far as was concerned we had him as leaving the scene of the accident and the other traffic violations.? (Attachment 24) At 0343 hours Beat 632, Officers Kinnison and Gomez?Sanchez, left the scene with P0. Bolling. Beat 632 arrived at the 006?h District facility at 0348 hours. (In?Car Camera Video) The investigation continued in the 006th District and Area 2 Detective Division facility. Ultimately, P.O. Bolling was charged with Aggravated DUI and Reckless Homicide by Officers Gomez-Sanchez and Kinnison with those charges approved by Assistant State's Attorney Swanson. (Attachment 4. FINDINGS Commander Lea SCHMITZ #605 Allegation No. 1: SUSTAINED Violation of Rule 1 1, "Incomperency or inefficiency in the performance ofdury?, in that the accused, Commander Leo Schmitz #605, while acting in the capacity of On? Call Incident Commander on 22 May 2009, failed to ensure compliance with Department directives by members who were investigating a fatal hit?and-run traffic crash that involved a Department member as the driver of the striking vehicle. The accused initiated contact with the ranking member on scene at 0215 hours and failed to obtain any relevant information from the ranking Department member. The accused then contacted two former Assistant Deputy Superintendents to obtain direction and advice. After consulting with these members the accused failed to re?contact the on scene ranking Department member to ensure that Department policies and directives were being follower]. The lack of action taken by the accused led to a two hour delay in the administration of the Standardized Field Sobriety Test to the off- duty member who was the driver of the striking vehicle in a fatal hit-and-run traffic crash. The accused had direct access to a Department DUI Instructor, Sgt. Sean Ronan. but failed to utilize this resource. In not. utilizing Sgt. Roman, the sequenCC of Field Sobriety Tests conducted by the arresting officers was incorrect. The accused did not instruct Sgt. Page II of 14 CR 1026812 SUMMARY REPORT Allegation No. 2 Ronan to observe the test in order to ensure it was administered correctly. SUSTAINED Violation of Rule 3, 'Ltinvfailnre to promote the Department's efforts to implement its policy or {?0170}??ij [sh its goat's", in that the accused, Commander Leo Schmitz #605, while acting in the capacity of On-Call incident Commander on '22 May 2009, failed to ensure that Department mernhers conducted a timely, thorough, coordinated and objective investigation of a fatal traffic crash that involved a Department member. The accused failed to obtain relevant information from the on? scene ranking Department member which led to a two hour delay in the administration of the Standardized Field Sobriety Test to the off?duty Department member who was the striking vehicle in a fatal hit?and?run traffic crash. The accused failed to provide direction or guidance to the on?scene ranking Department member which would have ensured that Department policies and directives were followed. Lieutenant. John BRUNDAGE #403 Allegation No. 1 - SUSTAINED Violation of Rule I 1, "Incompetency 0r inef?ciency in. the peijfortriance ofdury in that on 22 May 2009 the accused, Lieutenant John Brundage #408, failed to ensure that Department members under his command conducted a timely traffic crash investigation involving an off-duty Department member recorded under R.D. No. In his statement, the accused stated, also accept any responsibility for the delay in the investigation prior to arrival to Commander Schmitz in that Sgt. Quinn and the arresting officers were acting at my direction." The accused also stated that he waited for the arrival of Commander Schmitz to proceed with the investigation because he believed it was necessary for an exempt member to be present for the administration of the Standardized Field Sobriety Test in order to ensure the integrity of the investigation. The accused also stated that he knew he was delaying a criminal investigation. The accused member stated that as a police officer he had made approximately 30 SO DUI arrests. The accused was well?versed in DUI procedures but failed to ensure that the officers under his command moved forward with their investigation in a timely fashion. Page 12 of .14 CR 1026812 SUMMARY REPORT Allegation No. 2: SUSTAINED Violation of Rule 3, "Any. failure to pron-tote the Deparm-tent's efforts to imptemem its policy or accomplish its goals", in that on 22 May 2009 the accused, Lieutenant John Brundage #408, failed to ensure compliance with Department directives while members under his command were investigating the traffic crash investigation involving an off-duty Department. member recorded under RID. No. Sergeant Patrick QUINN #1229 Allegation No. 1: Allegation N0. 2: UNFOUNDED UNFOUNDED Police Officer Brenda GOMEZ-SANCHEZ #17352 Allegation No. 1: Allegation N0. 2: Allegation No. 3: Allegation No.4: EXONERATED UNFOUNDED UNFOUNDED UNFOUNDED Police Officer Milton KINNISON #12440 Allegation N0. 1: Allegation No.2: Allegation N0. 3: Allegation No.4: SUSTAINED Violation of Rule 6, "Disobedience ofcm. order or directive, whether written. or oral in that on 22 May 2009 at approximately 0131 hours the accused, P.O. Milton Kinnison #12440 conducted a traffic stop that was recorded by the In-Car Video System where the accused did not have the remote transmitter/audio recorder securely attached to his person. UN FOUN DED UN FOUNDED UN OUNDED Page 13 of 14 SUMMARY REPORT CR 1026812 RECOMMENDATIONS FOR DISCIPLINARY ACTION 3. Commander Leo Schmitz #605 Reporting Sergeant has reviewed the Complimentary and Disciplinary records of Commander Leo SCHMITZ and recommends a suspension without pay for a total of seven (07) days. Lieutenant John BRUNDAGE #408 Raporting Sergeant has reviewed the Complimentary and Disciplinary records of Lieutenant John BRUNDAGE #408 and recommends a suspension without pay for a total of fifteen (I 5) days. Police Officer Milton KINNISON #12440 Reporting Sergeant has reviewed the Complimentary and Disciplinary records of Police Officer Milton KINNISON #12440 and recommends a finding of Violation Noted. 6. DATE INITIATED: 03 June 2009 7. DATE COMPLETED: 24 November 2009 8. ELAPSED TIIVIE: 146 Days rgeanl Robert Vanna #2232 Special Investigations Section Internal Affairs Division Page l4 0f14