TIMOTHY WILSON JR. October 9, 2018 William D. Gore, Sheriff San Diego County Sheriff's Department John F. Duffy Administrative Center 9621 thgehaven Ct. San Diego, CA 92123 Re: ?otiee of Resignation Dear Sheriff Gore. Please accept this letter as notice of resignation from my position as a Deputy Sheriff with the San Diego County Sheriff's Department effective today, October 9, 20i8. Because this letter, the material contained herein. and my status with the Department, constitute personnel records, i remind you that they are con?dential under state law until such time as waive that con?dentiality. Thank you for the opportunities both you and the San Diego County Sheriff?s Department have provided to me over the course of my [0-year career. Respectfully submitted, Timothy Wilson. Jr. Rocoivadh OCT 1 0 2018 Sheriff! info-1. I 2 h- st. *Alvarez. Monica From: Ralph, Kevin Sent: Tuesday. October 09, 2018 4:29 PM To: Alvarez, Monica; Lorenz, Peggi; Deal. Denese; Alfaro, Keanu Subject: Fwd: Resignation . Timothy Wilson Jr. FYI Sent from my lPhone Begin forwarded message: From: "Bavencoff, Christina" Date: October 9, 2018 at 3:30:28 PM PDT To: "Ralph, Kevin" Subject: FW: Resignation - Timothy Wilson Jr. From: Twyman, Glen Sent: Tuesday, October 09, 2018 3:28 PM To: Bavencoff, Christina; Alvarado, Michael Subject: FW: Resignation - Timothy Wilson Jr. From: Claudia E. Betancourt Sent: Tuesday, October 09, 2018 3:13 PM To: Twyman, Glen Cc: Amy R. Margoiles Subject: RE: Resignation - Timothy Wilson Jr. Thank you. Sgt. Twyman Claudia E. Betancourt Legal Administrative Assistant PINCKARD 81 FIELDS. \31't11' I in! Con?dentiality Slatcment This message is intended only for the designated recipient(s). It may contain con?dential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient. you may not review, copy or distribute this message. If you receive this in error. please notify the sender by reply e-mali and delete this message. Ralph. Kevin From: I Nesbit, Larry Sent: Wednesday. October 03, 2018 3:46 PM To: Ralph. Kevin Cc: Bavencoff, Christina Subject: FW: Wilson Plea FYI. Larry Larry Nesblt, Assistant Sheriff Human Resource Services Bureau Court Services Bureau Desk {858) 974-2277 ?Original Message-?- From: Martinez, Kelly Sent: Wednesday, October 03, 2018 3:43 PM To: Barnett, Mike Cc: Motley, Frank; Faigin, Robert; ingrassla, John; Nesbit, tarry Subject: RE: Wilson Plea Probably a misdemeanor but, we're checking. The DA didn't loop us In on this plea so, we are a little behind the eight ball. From: Barnett, Mike Sent: Wednesday, October 03, 2018 3:37 PM To: Martinez, Kelly Cc: Motley, Frank; Faigin, Robert; lngrassla, John; Nesblt, Larry Subject: Re: Wilson Plea Is it a felony conviction? Mike On Oct 3, 2018, at 3:35 PM, Martinez, Kelly wrote: ljust talked with Dave Brannan about the Wilson case. He said the DA never told him that Wilson took a plea. He just found out by seeing it In the news today. Wilson pied to a year in Jail, 5 years probation and ordered to register as a sex offender for life. But, with the new 53384 related to 290 registration, he may be placed in one of the different tiers and may not end up being a lifetime registration by the time 58334 goes in to effect. Mike Blevins Ralph, Kevin From: Maxin, Jeffrey Sent: Wednesday, October 03. 2018 5:07 PM To: Ralph. Kevin Cc: Bryant, English: Bavencoff, Christina; Callewaert, Peter; Nesbit, Larry Subject: Re: Wilson Plea I got a call about 30 ago from Amy Margolies. She said the Skelly will probably not be moving forward. [just saw the news of his plea; which explains the phone call. The case is locked up in my of?ce. Sent from my iPhone On Oct 3, 2018. at 4:42 PM, Ralph, Kevin wrote: I think Captain Maxin has this case. Kevin Ralph, Acting ?enigma internal Affairs Unit San Diego County Sheriff's Department 9621 Ridgehaven Court San Diego, CA 92123 Desk: 858874?2070 CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the Intended recipientls) and may contain information protected by the attorney-client privilege, the attorney work product doctrine or other applicable privileges or con?dentiality laws or regulations. If you are not an intended recipient. you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege. ?Original Message??- From: Bryant, English Sent: Wednesday, October 03, 2018 4:00 PM To: Bavencoff, Christina; Ralph, Kevin; Bavencoff, Christina; Callewaert, Peter Subject: rw: Wilson Plea Hello see below Message"? From: Faigin, Robert Sent: Wednesday, October 03, 2018 3:37 PM To: Bryant, English From: Twyman, Glen Sent: Tuesday, October 09, 2018 3:14 PM To: Claudia E. Betancourt Subject: Resignation - Timothy Wilson Jr. Good afternoon. Deputy Timothy Wilson's letter of resignation has been received by the Sheriff's Department Personnel Division and his resignation accepted. If you have any questions or concerns, please contact me. Regards. Glen Twyman, Sergeant SAN DIEGO COUNTY DEPARTMENT Personnel Dwision Career Path 1 [35319744459 Dime glen iwvman?sdshen? org FROM THE OFFICE OF INTERNAL AFFAIRS - CONFIDENTIAL- Septembcr 6, 2018 Skelly Conference Assignment Noti?cation Captain: J. Marin lAii: 201841.11 Employee Name: Deputy-Dot. Timothy Wilson Jr. #7602 Discipline Recommendation: Termination This letter is to notify you of your assignment as Skelly Conference Of?cer for the above listed employee. Pursuant to Sheriff's Policy Procedure Section 3.3: An employee may request a Skelly Conference for any pr0posed discipline other than a written reprimand or counseling. The employee shall have five (5) working days in which to request a Skelly Conference. The Skelly Conference must take place within ten (l 0) working days of the request for the conference. A waiver of the ten (l0) working day limit must be mutually agreeable to both the employee and the conference o?icer. Failure of the employee to request a Skelly Conference within the allotted time. or failure to appear at the designated time and place without just cause. shall constitute a waiver. and the package will be forwarded to the appropriate level for final decision via Internal A?airs. Please notify the Internal Affairs Unit and your Command of the date of the Skelly Conference. If there are any issues regarding your assignment as the Skelly Officer for this case/employee. please contact the Internal Affairs Unit (858) 974-2065 as soon as possible. Thank you. C: Commander-Detentions F. Clamser Assistant Sheriff J. Ingrassia San Diego County ADVERTWP SHERIFF DEPARTMENT NOTICE OF PROPOSED DISCIPLINARY, ACTION TO: William Gore. Sheriff DATE: 08/01/2018 It is recommended that the following dIsciplinary action be administered to the below named employee: NAME: Timothy Wilson, Jr. #7602 TITLE: Deputy Sheriff - Detentions 2.4 - Unbecoming Conduct 2.15 - Insubordination DEPARTMENT POLICY AND I OR PROCEDURE 2.6 - Conformance to Laws X2 2.30 - Failure to Meet Standards VIOLATED: 2.3 - Violation of Rules 246- Truthlulness RECOMMENDED DISCIPLINE: Termination SECOND LEVEL SUPERVISOR: Lena Lovelace. Lieutenant DATE: 08/01/2018 LIST FRIOR RELATED 2.3 - Violation of Rules X2: 224- Reporting for Duty- 08/26/2016- 90 day suspension WITHIN LAST FIVE 2.3- Violation of Rules 2 4- Conduct Unbecoming 230- Failure to Meet YEARS WITH DATE ACTION Standards X4- 02/12/2013- 30 day suspensmn I have been advised of the above charges and recommended discipline: EMPLOYEES SIGNATURE: Wm ,1 DATE: 577/; LEVEL SUPERVISOR SIGNATUR Wart/5:7 DATE: 6/7/xg 3" LEVEL SUPERVISOR Elmo/Lo DATE: COMMENTS: a REVIEWED BY INTERNAL AFFAIRS: ma DATE: It, LEVEL SUPERVISOR SIGNATURE: I DATE: COMMENTS: ADDITIONAL REVIEW: DATE: ADDITIONAL REVIEW: DATE: ADDITIONAL REVIEW: DATE: INTERNAL AFFAIRS SECTION WRITTEN REPRIMAND BY: DATE: NOTICE OF INTENT AND CHARGES: 3 ?mm: DATE: '3 hie/.9 El ORDER SERVED. DATE: [3 CIVIL SERVICE NOTIFIED: DATE: CI PAYROLL NOTIFIED: DATE: FINAL ACTION TAKEN: RELEASED FROZMTE: LA. IA-2 5102 (PREVIOUS As 1/3) To San Diego County Sheriff?s Department Post Of?ce Box 939062 0 San Diego. California 92193-9062 William D. Gore, Sheriff August 17. 2018 Timothy Wilson Dear Deputy Sheriff-Detentions Timothy Wilson, NOTICE OF INTENT 0F TERMINATION AND CIIARG ES, CASE #2018-1 13.! Please take notice that it is my intention to recommend to the Sheriff that you be terminated from your position as Deputy Sheriff-Detentions (Class #5757) in the Sheriff's Department and the Classi?ed Service of the County of San Diego for each and all of the following causes: CAUSE I You are guilty of failure of good behavior as set forth under Section 7.2(r) of Rule VII of the Rules of the Civil Service Commission as it relates to Sheriff?s Policy and Procedure Section 2.3 Violation of Rules, as it relates to Department Policy and Procedure Section 7.6 (Use of CLETS-NCIC-ARJIS and Local Information) in that: Between March 23, 2018, and May 13, 2013, you accessed the report writing system approximately 33 times to view the criminal case in which you were the suspecL Your inquiries were outside the purview of your official duties. Employees shall not commit or omit any acts which constitute a violation of any of the rules. regulations, directives, orders or policies of this Department, whether stated in these Rules of Conduct or elsewhere. CAUSE You are guilty of incompetency as set forth under Section 7.2(a) of Rule VII of the Rules of the Civil Service Commission as it relates to Sheriffs Policy and Procedure Section 2.30 Failure to Meet Standards, in that: As of August 17, 2018, you remain in custody at the San Diego Central Jail and are unable to perform your normaljob functions. urthennore, you are restricted from possessing a ?rearm. and have limitations when testifying in court due to your placement on the Brady List. RELEASED FROM LA. Fl 8 to - Keeping the Peace Since. 1850 Notice of Intent of Termination and Charges, Case #2018-1 13.1 Page 2 of 3 Deputy Sheriff-Detentions Timothy Wilson August 17, 2018 CAUSE Ill You are guilty of conduct unbecoming of an of?cer as set forth under Section 7.2(m) of Rule VII of the Rules of the Civil Service Commission as it relates to Sheriff's Policy and Procedure Section 2.4 Unbecomlng Conduct, in that: You brought discredit upon yourself as a member of this department by inappropriately touching a minor. Initially, you denied the allegations to the criminal investigator, but eventually admitted it was you. CAUSE IV You are guilty of a failure of good behavior, as set forth under Section 7.2(r) of Rule VII of the Rules of the Civil Service Commission as it relates to Sheri ff?s Policy and Procedure Section 2.6 - Conformance to Laws, as it relates to California Penal Code Sections 288 (C) and 502 (C) in that: On May 22, 2018, you were arrested for inappropriately touching the buttocks of a minor at the Panda Express restaurant in the city of Vista, California. You also unlawfully researched the victim's home address in law enforcement databases. Employees of this Department shall obey all laws of the United States, of this state, and of localjurisdictions. CAUSE You are guilty of insubordination as set forth under Section 7.2(c) of Rule VII of the Rules of the Civil Service Commission as is relates to Sherith Policy and Procedure Section 2.15 Insubordination, in that: On June 6, 2018, you willfully refused to obey direct orders and answer questions during your lntemal Affairs interview. CAUSE VI You are guilty of acts that are incompatible with andfor inimical to the public service as set forth under Section 7.2 of Rule of the Rules of the Civil Service Commission of the County of San Diego. You are guilty of acts, which are incompatible with the San Diego County Sheriff's Department Executive Order and the Mission, Vision, Values and Goals. Your conduct constituting such acts inimical to the public service is set forth under Causes through above. RELEASED FROM LA. FILE TO 743/ Notice of Intent of Termination and Charges, IA Case #2018-1 [3.l Page 3 of 3 Deputy Sheriff-Detentions Timothy Wilson August I 7, 2018 You have five (5) regular business days to request a Skelly Conference. You may respond either orally, in writing, or both, regarding the above proposed charges and discipline. Your response will be considered by the Sheriff before ?nal action is initiated. Upon receipt of this notice you will be provided with all documents possessed by this department Upon which this proposed action is based. If you have any questions of said documents, please contact Internal Affairs. You have until 4:contact Internal Affairs at if you wish to respond to the above charges and discipline. Intemal Affairs will provide you with the name of a Skelly Officer, whom you should contact without delay, as the conference must be held within ten (10) days, unless waived by mutual agreement. If there are extenuating circumstances precluding you from staying within this time limit. contact Internal Affairs immediately. If you fail to respond. or if your response is unsatisfactory, an Order of Termination and Charges will be served upon you and the discipline initiated. Sincerely, WILLIAM D. GORE. SHERIFF 6311.1 E. rierson, Captain-Detentions Vista Detention Facility RELEASED FROM LA. FILE TO COUNTY OF SAN DIEGO INTER-DEPARTMENTAL CORRESPONDENCE July 3 I . 2018 To: William D. Gore, Sheriff San Diego County From: Lena S. Lovelace, Lieutenant Vista Detention Facility Via: Chain of Command Disciplinary Recommendation and Rationale for Deputy Sheriff-Detentions Timothy \Vilson, Jr, Internal Affairs Case #2018-1 13.] RECOMMENDATION 1 have read the investigative reports prepared by Sergeant Kyle Bibel #3754 and all the associated attachments. have also listened to the recorded interviews. Sergeant Bibel found Deputy Sheriff-Detentions Timothy Wilson, Jr. #7602 in violation of Department Policy and Procedure sections: 2.6 Conformance to Laws (As it relates to California Penal Code Section 288(c)(1)) 2.6 Conformance to Laws (As it relates to California Penal Code Section 502(c)) 2.4 Unbecoming Conduct 2.30 Failure to Meet Standards 2. 5 insubordination 2.3 Violation of Rules (As it relates to Department Policy and Procedure Section 7.6) 2.46 Truthfulness concur with all of Sergeant Bibel's conclusions and ?ndings. Deputy Wilson ultimately confessed to his involvement in this crime. Although I believe there is merit to the ?nding on the allegation of Truthfulness. I will not be considering the Truthfulness violation for my disciplinary recommendation. Based on the nature of all the other conduct involved, and after weighing the factors in aggravation and mitigation, any recommendation other than termination would expose the department to additional disrepute; potentially expose the public to further harm; and subject the County to serious risk of civil liability. as well as negative public press. Deputy Wilson's actions violated the standards established in the Core Values of the San Diego Sherist Department. His inability to carry a ?rearm precludes him from 'n the core functions of a peace of?cer. Additionally, his actions have eroded the i0. 73/ Discipline Recommendation and Rationale Page 2 of 6 Deputy Sheriff-Detentions Timothy Wilson, Jr. #7602 lntemal Affairs Case #2018-1 I3.1 compromised his authority and integrity. I believe he would be a liability to the County of San Diego and the Sheriff's Department. I recommend Deputy Wilson be terminated from employment. RATIONMJZ Sergeant Bibel's investigation was thorough and fair. There was substantial evidence to conclude the misconduct. as described. occurred. The rules regarding employee conduct are clear and understandable. After reviewing the entire investigation, attachments and recordings, I found no evidence of bias or ill motivation by Sergeant Bibel or any of the witnesses noted in this investigation. On July 24, 2018, at about 1333 hours, I met with Deputy Wilson and his Employee Representative, attorney Amy Margolies, in an interview room on the ninth ?oor at the San Diego Central Jail. This meeting took place prior to making my disciplinary recommendation. Before our audio~recorded meeting began. I gave Deputy Wilson and Margolies an opportunity to read the entire investigation and its attachments. At approximately 1352 hours. I began the audio-recorded meeting with Deputy Wilson and Margolies. The audio tape is attached to this report. During our meeting, I informed Deputy Wilson that he would be given the opportunity to provide information which could mitigate the ?ndings of the investigation or have an impact on my disciplinary recommendation. The facts in this case are clear and not in dispute. Although the criminal case has not been adjudicated. Deputy Wilson ultimately admitted to touching the buttocks of a fourteen year old girl (a violation of California Penal Code Section 238 a felony). Portions of the incident were captured on surveillance video inside the restaurant. Deputy Wilson also admitted to accessing the (Records Management System) in an attempt to garner information regarding the victim and incident. It is further revealed through the investigation Deputy Wilson had the victim's home address in his deputy notebook, as well as video and photographs in his personal cellphone, which was all taken directly from (violations of California Penal Code Section 502 a felony). Deputy Wilson initially denied the accusations. Eventually, Deputy Wilson admitted it was him by stating, was a momentary lapse in judgement. was me, Deputy Wilson continued. don't even arrow why I did It." Deputy Wilson then attempted to insinuate his actions were due to the stress of thejob. A deputy sheriff is faced with many decisions and situations which are stressful; however, the expectation when hired is that a deputy has the capability to handle and deal with the stress of law enforcement activities. There is a higher standard and higher expectation for a deputy to do the right thing and an expectation for law enforcement to be forthcoming in their interactions with the public at all times. RELEASED LA. FIL TO Discipline Recommendation and Rationale Page 3 of 6 Deputy Sherifleetentions Timothy Wilson, Jr. #7602 lntemal Affairs Case #2018-113.l Sergeant Bibcl cited in his investigation interviews provided to the media by Sheriff Gore and the victim's mother. Both the Sheriff and the victim?s mother discuss how Deputy Wilson compromised his authority and discredited himself as a deputy sheriff, as well as the San Diego Sheriff?s Department as a whole. It is for all the above mentioned reasons support the sustained ?nding on the allegation of Unbecoming Conduct. Deputy Wilson refused to answer questions for the Internal Affairs investigation, a violation of a direct order. Sergeant Bibel read Deputy Wilson the Miranda. Garrity and Lybarger warnings at the beginning of the interview in the lntemal Affairs administrative case and he refused to answer Internal Affairs' questions. His refusal is insubordination. As previously mentioned in this report, Deputy Wilson cannot possess a ?rearm as a result of a Criminal Protective Order issued against him to prevent him from going near the victim. This order signi?cantly limits his ability to perform his job. Further, Deputy Wilson has remained in custody at San Diego Central Jail. All of these issues severely impact his ability to perform the core functions of a Deputy Sheriff. Deputy Wilson was cooperative during my conference with him. Deputy Wilson had no questions regarding the investigation or pertaining to the sustained ?ndings. However, his representative did state that with all the sustained findings they would reserve any statements or arguments until they have more time to thoroughly look over all the materials. Deputy Wilson offered no mitigating factors for me to consider. I contacted lntemal Affairs-h'? "it! It should be noted. Deputy Wilson was placed on the Brady List. While placement on the Brady List by itself does not provide a basis for discipline, the underlying conduct which resulted in Deputy Wilson being placed on the list clearly demonstrates a failure to meet the standards expected for employment with the department. The Brady List is only mentioned here as it further solidi?es my recommendation that the level of discipline should be termination. I have considered Deputy Wilson's work history and tenure (ten years) with the Sheriff's Department. A Sheriff's Department employee with Deputy Wilson's tenure andlor experience is expected to conduct himself in a responsible, lawful manner. As a swom staff member of the San Diego County Sheriff?s Department, we are held to a much higher standapd may discredited himself and the San Diego County Sheriff?s Department. His no T0 Discipline Recommendation and Rationale Page 4 of 6 Deputy Sheri lT-Detentions Timothy Wilson. Jr. #7602 lntemal Affairs Case #20l8-113.l in line with the department?s Mission, Vision and Core Values. Furthermore. Deputy Wilson?s actions have the potential to not only erode department credibility and public con?dence, but place others in harm's way. Based on the totality of the investigation and the seriousness of these violations, major discipline is warranted. The extent of damage to Deputy Wilson's career and to the public trust leaves no other choice than to terminate his employment. 07/3f/18 Lena Lovelace Lieutenant Date Vista Detention Facility WELEAPHD FROM r3. FW Discipline Recommendation and Rationale Deputy Sheri ff-Detentions Timothy Wilson, Jr. #7602 Internal Affairs Case #20184 13.1 ENDORSEMENTS E?Fika Frierson, C?ai'?tain Vista Detention Facility COMMENTS: Page 5 of 6 (??pproved Disapproved Date: I juices .4. Frank Clamser. Commander Detention Operations Area 1 COMMENTS: Mpproved )Disapproved Date: 3] John Ingrassia. Assistant Sheriff Detention Services Bureau COMMENTS: )Approved( )Disapproved Date: RELEASED FROM LA. TO Discipline Recommendation and Rationale Deputy Sheriff-Detentions Timothy Wilson, Jr. #7602 Internal Affairs Case #2018-1131 Mike Barnett, Undersheriff San Diego County Sheriff's Department COMMENTS: Page 60% Approved Disapproved Date: William D. Gore, Sheriff San Diego County COMMENTS: )Approved( )Disapproved Date: RELEASED FROM .A. FILE RECEIPT OF MATERIALS EMPLOYEE: Timothy Wilson, Jr. #7602 I 041063 Case 2018-] 13.1 EMPLOYEE RECEIVED APPOINTING AUTHORITY DESCRIPTION OF DOCUMENT (DATE INITIAL) (Date Sign) Notice of Proposed Disciplinary Action to Timothy Wilson, Jr. dated 08-07-2018 Notice of Intent of Termination and Charges to Timothy Wilson, Jr. dated 08-17-2018 Discipline Recommendation q) Rationale from Lieutenant-Detentions L. Lovelace to Sheriff Gore dated 07- 31-2018 and attachment one (1) CD- of conference (1?5 Copy of Notice of Proposed Disciplinary Action to Timothy Wilson, Jr. signed by Sheriff Gore dated 06-16-2016 . Investigative Reports by Sergeant? Detentions K. Bibel dated 06-29- 2018 and attachments A Copy of Notice of Proposed Disciplinary Action to Timothy Wilson, Jr. signed by Sheriff Gore dated 02-12-2013 2012-091.1) PGL 08-21-2018 RECEIPT OF MATERIALS Case 2018-1 13.] EMPLOYEE: Timothy \Vilson, Jr. #7602 I 041063 Skelly Conference Letter to Timothy Wilson, Jr. .rx/ Order Not to Disclose Materials to Timothy Wilson, Jr. (1 WW Declaration/Acknowledgement of Personal Service der Two (2) 08-21-203 FROM THE OFFICE OF INTERNAL AFFAIRS - CONFIDENTIAL DECLARATIONIACKNOWLEDGEMENT OF PERSONAL SERVICE I, the Undersigned, certify that I am over l8 years of age and a resident of the County of San 0.153;: California and that I served the NOTICE OF INTENT OF REDUCTION AND CHARGES NOTICE OF INTENT TO SUSPEND AND CHARGES NOTICE OF INTENT TO TERMINATE AND CHARGES NOTICE OF INTENT OF REASSIGNMENT AND CHARGES ORDER OF PAT-STEP REDUCTION AND CHARGES ORDER OF SUSPENSION AND CHARGES ORDER OF TERMINATION AND CHARGES ORDER OF DEMOTION AND CHARGES ORDER OF REASSIGMENT AND CHARGES of which a true copy is attached hereto, by delivering a copy thereof to 'T'tme?tht! Harm personally at ?15 FronI' 5 tree? on Augu-EI' 29 I 9.012 I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed this 1? day of ?gsnat .2018, at Sam 0.95?: ,Calif'ornia. Signatura?of perQn/making personal service ACKNOWLEDGEMENT OF SERVICE I do hereby acknowledge receipt of the above noted document. Executed this 28? day or Aug-gar ,2013. SIGNED W4 zeta-113.1 Released from IA Files To: From the O?iee of INTERNAL AFFAIRS - CONFIDENTIAL ORDER NOT TO DISCLUSE MATERIALS Pursuant to Department Policy, materials are being furnished to you upon which your proposed discipline is based. These materials are reproductions and are a part of the con?dential employee personnel records of the San Diego Sheriffs Department. Dissemination of this information is restricted to a need and a right to know. You are ordered not to disclose, release. or copy these materials to or for anyone, other than your attorney and/or association representative, without the written authorization of the Internal Affairs Lieutenant. Materials include all written documentation, tape recordings, and videotapes. Any unauthorized release of information contained in these documents compromises the con?dentiality of your personnel file. and may impede the Department's ability to protect your confidentiality in future discovery motions. This could subject you and the County to unnecessary liability and criticism, to which the Department may be required to defend in a public forum. You are strongly encouraged to destroy or return these materials when they no longer serve a useful purpose. Should you desire to review material related to your discipline at a later time, you may make arrangements with the Internal Affairs Unit. Failure to abide by this order could result in a charge of insubordination, and subject you to disciplinary action up to and including termination. Do not attempt to contact the complainant regarding the allegations, as this could result in future complaints. "Retaliation is prohibited by state and federal tow. We advise you to re?ain from doing anything that may be construed as retaliation against the complainant or any witness involved in this investigation. have received a copy of this order. Timothy Wilson, Jr. zero-113.1 . Released from Files To: From the O?r?ce of INTERNAL WARS - COWENTLAL Skelly Conference Letter 2018-] 13.1 As indicated on the "Notice of intent" to discipline, which you are receiving, disciplinary action against you is being considered. if you wish to invoke your right to a pre-disciplinary due process hearing on this matter (Skelly Conference), you must make the request within ?ve (5) regular business days. The Skelly Conference is a relatively informal hearing, not an adversarial evidentiary trial. The ?nal date to request a hearing is indicated on your ?Notice of intent?. Your request should be made by calling the lntemal Affairs Unit at (858) 974-2065. [fyort do not request the conference within that time. your right to a Skelly Conference will have been waived. and the recommended discipline may be imposed Your Skelly rights are: 1. To receive a written ?Notice of intent? to discipline. that may be served upon you, either in person or by mail. That notice will include the level of proposed discipline, the charges, and a brief explanation of the reason for the discipline. 2. To receive a copy of the materials upon which the proposed discipline is based, including reports, tape/digital ?recordings, photographs, etc. Any item certified as con?dential and withheld from you by the dcpamnent cannot be used as a basis for discipline. 3. To have sufficient time to review the supporting materials so that your response can be prepared. 4. To respond orally, in writing, or both to the proposed discipline and charges. 5. To a hearing of?cer who is not in your chain of command. 6. To have a representative or attorney present at the hearing. 7. To receive copies of all materials prepared as a result of the Skelly Conference. 8. To receive a new Skelly Conference for any new charges or increased discipline, which arise from the Skelly Conference. I have read and understand my Skelly rights. ?refian ?at. Timothy Wil?m, Jr. Witness Date San Diego County Sheriff?s Department Post Of?ce Box 939062 II San Diego. California 92l93-9062 William D. Gore, Sheriff September 4. 2018 Law Of?ces of Bobbitt, Pinckard 8: Fields A Professional Corporation Re: Deputy Sheri tT-Detentions Timothy Wilson, Jr. #7602 [AriE 2018-1 13.] Dear Amy R. Margolies: Your discovery request was received in the lntemal Affairs Unit on September 4, 20l8. With regard to your discovery request in the matter of Deputy Wilson. your of?ce was provided copies of all materials upon which the proposed action is based, including copies of all audio recordings. A copy of Sherist Policy and Procedure. Section 2 (Rules of Conduct) is enclosed, containing the policy sections charged in this case. Sincerely. WILLIAM D. GORE, SHERIFF Michael J. obbe, Lieutenant Internal Affairs Unit Keeping the Peace Since 1850 RICHARD L. Pm Bum M. FIELDS Runner w. Kmuse AMY R. MAROOLIES Cum: 1. Roweran Non R. cm or eotmset. Evan" L. BOBIITT 0946-2007) DEP U4 CUIO 6 news page 1 PINCKARD FIELDS A Professional CEtion inst-Horn: Hummus WW.COPLAW.ORG CJuu L. Simon LEGAL ADMINISTRATOR FAX TRANSMISSION Date: September 4, 2018 To: From: Cari Snider. Legal Administrator Re: Deputy Timothy?iison - Request for Skelly Conference FAX No. Sending to: (858) 974-2077 FAX No. Sending from: Total number of sheets In eluding this page: 3 COMME [3 Original being mailed via U.S. Mail El Original mbeing mailed [3 Please con?rm receipt by calling? WARNING The information contained in this facsimile message is con?dential information (and may be privileged anomey-cilent communication) intended only for the use ofthe individual or entity named above. li? the reader of this message is notthe intended recipient. you are hereby noti?ed that any dissemination or distribution ofthis communication to myone other than the intended recipient is strictly prohibited. li'you have received this communication in error, please Mediater notify us by telephone and return the original message to us at the above address viadte U.S. Postal Service. Thank you. pep U4 2018 0410991 Bobbitt F?f'ldaft?i 8: ?elds 8584674285 page 2 a: FIELDS A hofmionli Gui-lion Rust/inn L. Pmctum Tupi-Horn: Buomr M. Farms Roam W. muse AMY R. Mascaras CIM I. ansuu Non R. Pascus Cm L. Shim?. EVEIEIT Boson-r Leon. Amateur ammo September 4. 2018 William D. Gore. Sheriff We Facsimile and U.S. Mail San Diego County Sherist Department (856) 974-2244 P.O. Box 939062 San Diego. CA 92193-9062 Re: rn ti - ital nfe Dear Sheriff Gore: Our office represents Deputy Timothy Wlson regarding the Notice of Intent of Termination and Charges served on him on August 28. 2018. Based on the information available to us at this time. on behalf of our client. we deny the allegations on which this action is based and request an opportunity to respond to the allegations. I will serve as Deputy Wilson's representative In this matter. Please contact me directly regarding the scheduling of this Skelly Conference either by phone or email at Because our client is a peace officer. he is entitled to the protections afforded under Penal Code 135.5. Accordingly. prior to any disciplinary proceeding. our client Is entitled to any relevant information related to the proposed discipline. Relevant information includes evidence that has any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. or the truthfulness of a witness's testimony or of a declarant'c hearsay statement (See Evidence Code tit} 21 D. 780 and 1202.] Penal Code 5 1355? has expanded the nature of information that must be provided to a public safety of?cer during any disciplinary proceeding. It is now unlawful to conceal any relevant evidence during the disciplinary process. Concealment would Include knowineg not provit?ng any relevant evidence. I recognize some Information may not be relevant to the appointing authority in order to make a decision regarding discipline of a public safety officer would be relevant to our client to disprove the allegations or mitigate the facts or level of discipline. Therefore. I have provided a list of information that we consider relevant to defending our client from the allegations alleged in the Notice of intent of Termination and Charges. Relevant evidence also includes evidence which may assist in mitigation of the level of discipline. Please itce In mind the infonnatlon we are requesting is in addition to that Infonnaticn that must be provided pursuant to Skelly v. State Personnel Board. (1975) 15 Cai.3d 194. On behalf of'our client. to the extent not already provided. we request the following information: - Penal Code 135.5 states: 'Any person who knowingly altars. tempers with. conceals. or destroys relevant evidence in any disciplinary proceeding against a public safety officer. for the purpose of homing that public safety officer. is guilty of a mlsdemeanor.? bep U4 2018 ()4:ng Bobbitt Rodent 8. Fields 858-457-1285 page 3 . I William D. Gore, Sheriff Re: Request for Skelly Conference September 4. 2018 2 Page A current copy of all policies and procedures alleged to have been violated by our client. All written reports (as de?ned by San Diego Police omcars Assn. v. City or San Diego. {2002) 98 Cal App.4th 779) prepared as a result of the allegations against our client. All investigator notes. A copy of all radio transmissions related to this investigation. All written or recorded stemments of any potential witness. All prior criminal history of any known potential witness related to this investigation. All information that could lead to ortends to mitigate the conclusions as set forth in the proposed notice of discipline. information includes any information known to members of your agency whether In a written form or merely within the knowledge of members of your staff. 8. All statements or utterances by our client, oral or written. however recorded or preserved, whether or not signed or acknowledged by our client. 9. The names and addresses of any witness who may have knowledge of the events that caused the discipline to be proposed. 10. An opportunity to examine all physical evidence obtained in the Investigation against our client. 11. All laboratory. technician. and other reports concerning the testing and examination of any physical evidence. 12. All reports of experts made in conjunction with the case. involving the results of physical or mental examinations. scienti?c tests, experimental or comparisons which relate to the allegations as set forth in the notice of proposed discipline. 13. All photographs. motion pictures, or videotapes taken during the Investigation. 14. Any exculpatory or mitigating evidence in the possession of your agency. 15. Any information relevant to the credibility of any witness. 16. Any potential rebuttal evidence In the possession of your agency. 1T.Any and all relevant evidence known or in the possession of your agency. 18. Any recommendations from supervisory or management staff that differ or contradict the current conciusions or recommendation of discipline. 19. All performance evaluations for the past 10 years. 20. Any and all materials reflecting dowmentatlon of positive or negative performance maintained in any department tiles (including Internal Affairs files). 21. Any and all notes. minutes earlier materials from any meetings or discussions involving captains or chiefs In the process of determining the level of discipline to be proposed. 22. Any and all electronically stored data including email and any other computer generated ?les. 23. Any and all findings of the Citizen's Lew Enforcement Review Board relating to this proposed discipline. 24. All discoverable information under Penal Code 51054 as required by San Diego Police Olli?cers Association v. City of San Diego, supra. 98 Cal.App.4th 779. $9999 Pr Please treat this request as a continuing request until this matter has been settled or adjudicated. Thank you for your anticipated copperation. Sin: . Amy R. Margoiies ARchb cc: Intemai Affairs (via facsimile) IA Case Review Log CASE DATE ACCESSED BY AGENCY PURPOSE ?ot?b?llil CbCo . dam-a FROM THE OFFICE OF INTERNAL AFFAIRS CONFIDENTIAL July 11,20l8 T0: Erika Frierson, Captain-Detentions Vista Detention Facility (N169) FROM: Michael Knobbe, Lieutenant lntemal Affairs Unit (041) INTERNAL AFFAIRS CASE 2018-113.1 Please review this investigation and check where appropriate. When all action is completed, please return directly to the lntemal Affairs Unit. DO NOT FORWARD THROUGH THE CHAIN OF COMMAND. This will be done by the lntemal Affairs Unit. If you have any questions, please call (858) 974-2065. I concur with the lntemal Affairs conclusions. No further formal action is recommended. I concur with the lntemal Affairs conclusions. Discipline recommendation attached. I disagree with the lntemal Affairs ?ndings. See attached report. 77% A procedural change is being written and an approved copy will be sent to lntemal Affairs. Signed Date '7 i RELEASED FROM if; F'?u SAN DIEGO COUNTY DEPARTMENT Internal Affairs Unit INTERNAL AFFAIRS CASE 2018-1111 Timothy Wilson r, Deputy Sheriff-Detentions ACCUSED EMPLOYEE COMPLAINANT: SDSO INVESTIGATOR: Sergeant Kyle Bibel FROM LA. FILES TOW EM COM I IQA I pop?? .3 9 I In (. SAN DIEGO COUNTY DEPARTMENT (lntemal Affairs Unit) CASE NUMBER: 2018-11!? Timothy Wilson Jr.. Deputy Sheriff-Detentions SDSO Sergeant K. Bibel TABLE OF CONTENTS Complaint Form and Attachments Synopsis, Analysis. Conclusions, and Findings by Sergeant K. Bibel Witness List and Investigation by Sergeant K. Bibel SDSO Report Number l8115185.l/l81l5185.2 and Criminal Investigation by SDSO Detective D. Brannan #2061 Compact disc containing photographs, audio interviews. and video footage Audit of Deputy Wilson's account Emails and pictures from Deputy Wilson to unknown email address Letter ?'om California Department of Justice and Brady Letter from the San Diego District Attorney's Of?ce regarding Deputy Wilson RELEASED FROM LA. FILE TO Diego County Sheriffs Departn?ut Post Of?ce Box 939062 San Diego. California 92193-9062 William D. Gore. Sheriff COMPLAINT FORM PLEASE PRINT OR TYPE 9-018 - II '3 I NAME DATE OF BIRTH HOME PHONE 3030 ADDRESS CITY ZIP CODE BUSINESS PHONE LOCATION OF INCIDENT cm TIME OF INCIDENT 5-18-18 NAMEIS) OF PERSONNEL BRIEF NARRATIVE OP COMPLAINT Deoutv WIlson was arrested for lewd acts uoon a minor. CONTINUED ON ADDITIONAL SHEETS DO YOU BELIEVE YOU WERE STOPPED. ARRESTED. SEARCHED. OR DETAINED BY LAW ENFORCEMENT DUE. AT LEAST IN PART. TO RACIAL OR IDENTITY PROFILING (E.G. BECAUSE OF YOUR RACE. COLOR. NATIONALITY. NATIONAL ORIGIN. GENDER. AGE. RELIGION. GENDER EXPRESSION, SEXUAL ORIENTATION. MENTAL OR PHYSICAL YES NO 2. IF YES. PLEASE EXPLAIN WHAT SPECIFIC PROFILING YOU BELIEVE OCCURRED AND THE BASIS FOR YOUR BELIEF: YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR EVEN IF THAT IS THE CASE. YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIANS COMPLAINTS AND ANY REPORTS OR FINDINGS RELATED TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW :0 BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER NNOWING THAT IT IS FALSE. YOU CAN BE PROSECUTED ON A MISDEMEANOR HARGE. have read and understand the above statement. SIGNATURE OF COMPLAINANT: DATE INTERNAL AFFAIRS USE ONLY I EMPLOYEE RECEIVING COMPLAINT: Internal Affairs DATE 3. TIME: Received In RECEIVED PERSON . Shortth Internal Mfolrs MIL NATURE OF COMPLAINT. Conformance to Law El MESSENGER MAIL ASSIGN TO: . Bibel OTHER: Email CASE 2018?113 . 1 RELEASED FFIOM LA. ,r lA-l (Rev 12116) TO I u- use Ian-J?- ?uunr; ullyuuan (- I I VI .- GENERAL INFORMATION Name: Wileon Jr, Timothy Title: OEP SHERIFF - 5050 User ID: PeopleSoIt ID: 041063 ARJIS Number: SHTGOZ Desk Phone: Cell Phone: Pager No.: Home Phone': Confidential Phone?: Other: Call Sign: Sherlff'e Email: it I n' Other Email: Responsibility: Home Phone number and Con?dential phone number are viewable Just by you and Comm Center Supervisor! CURRENT WORK LOCATION HR (PeopleSoI't) ASSIGNED LOCATION Dept. Name: Dept. Name: Vista Detention Facility WW Mail Stop: Mail Stop: N169 N169 Location: Location: Vista Detention Facility NCRC Expansion Address: Address: 325 South Melroee Drive Suite 325 Meirose Dr Vista CA 92081-6696 Vista CA 920816643 Telephone: Telephone: Fla: 1501959111: HELEAS ED FROM i3 8% ff&LastName=wilson& 5i21l2018 FROM THE OFFICE OF INTERNAL AFFAIRS CONFIDENTIAL May21.2018 2018-111? Notice of Investigation Assignment to Internal Affairs Investigator [k ?63; Commander-Detentions Frank Ciarriseglrw 31g; r, 1' I "r RE: x?no?y?jsgn?l?m? i Vista Detention Facility. <33 ?zv ~41? verve-a The attached complaini?isiassihned t'o' Sergeant SI: KOT bid? of th?E??Ei??i Affairs Unit for I - shill.? "ar .. I I - investigation. \Iou Will hernforrned ofthe results Upon completion [m 3?41? v' 2.3.: It: . i- ?73s.? Should you wish to be briefed am? am, pleasc?fee (:10 call me} at (353) 974-2065. .r-r-r 1313+. 1? *1 J31qu 5 I Thank you. Ira pf i-tiiv Em. rawI31?515.53?: @130 Christina Bavencofi?, Lieutenant""?' a! IntemalAffairs Unit ?h I ?2 . r3 CMB:ksa an?? 113,5 RELEASED FROM f? FROM THE OFFICE OF INTERNAL AFFAIRS - CONFIDENTIAL Date: May 21, 2018 Complainant: SDSO Date of incident: 05-18-20l8 Location of Incident: Vista Allegation: Conformance to Law Case No: 2018-1 13.1 TO: Deputy-Detentionletsvc Timothy Wilson Jr. #7602 Vista Detention Facility (N169) This is to inform you that the Internal Affairs Unit has received a complaint regarding your conduct. The investigation of this complaint will be handled by K. of the INTERNAL AFFAIRS UNIT. The investigator will contact you to arrange an interview. . As a sworn member of this department. you should be aware of your rights contained in Government Code Sections 3300-3311 (Peace Of?cer?s Bill of Rights) or contact an employee representative or attorney for advice. The Department Policy and Procedure Manual also details your responsibilities during the investigation. Your attention is Speci?cally directed to Sections 2.15 lnsubordination; 2.38 intervention; 2.41 Departmental Reports, and 2.46 Truthfulness. You are hereby ordered not to disclose anything regarding this investigation with anyone other than your employee representative or legal counsel. If you have any questions, please feel free to contact the Internal Affairs unit at (858) 974-2065. Do not attempt to contact the complainant regarding the allegations, as this could result in future complaints. Retaliation is prohibited by Department policy and County policy in addition to State and Federal law. We advise you to refi'ain ?om doing anything that may be construed as retaliation against the complainant or any witness involved in this investigation. Christina Bavencoft', Lieutenant lntemal Affairs Unit RELEASED FROM LA. FILE CB:ksa T0 SAN DIEGO COUNTY DEPARTMENT INTERNAL AFFAIRS UNIT INVESTIGATIONBEPORT CONFIDENTIAL INTERNAL AFFAIRS CASE NUMBER: 2018-1 13.] DATE: June 29, 2018 COMPLAINANT: SDSO INVESTIGATOR: Sergeant K. Bibel SYNOPSIS, Al?itltL?YSlSI CONCLUSIONS, AND FINDINGS SYNOPSIS On May 22, 2018, Deputy Wilson was arraigned in San Diego Superior Court for California Penal Code Sections 288 (C) (I) (Felony Lewd Acts with a child under 14) and 502 (C) (2) (Felony unauthorized use of computer data). Deputy Wilson waived his Miranda Rights and admitted to touching a female minor's buttocks. At the time of this report, Deputy Wilson remains in custody at the San Diego Central Jail (SDCJ). ANALYSIS AND CONCLUSIONS It is alleged Deputy Wilson inappropriately touched a female minor's buttocks over the clothing. The following Sheriff?s Department Policy and Procedure Section is applicable to the above allegation: 2.6 Conformance to Laws Employees shall obey all laws of the United States. of this state, and of local jurisdictions. The acts of employees giving rise to an indictment. information or complaint. filed against an employee. or a conviction for violating any law, including a conviction following a plea of nolo contendere. may be cause for disciplinary action, temporary or permanent reassignment (excluding minor traffic). Employees shall immediately inform their immediate supervisor of any and all circumstances where non-conformance to laws has been, or may be. alleged by any law enforcement agency. The supervisor receiving such notification shall immediately notify Internal A?'airs. RELEASED FROM LA. Fl T0 lntemal Affairs Case #2018411] Page 2 of 10 Synopsis, Analysis, Conclusions, and Findings June 29, 2018 As it relates to California Penal Code Section 288 (C) which states in part: Any person who commits an act described in subdivision with the intent described in that subdivision. and the victim is a child of 14 or 1.5 years, and that person is at least 0 years older than the child. is guilty of a public o?'ense and shall be punished by imprisonment in the state prison for one, two. or three years, or by imprisonment in a county jail for not more than one year. in determining whether the person is at least 10 years older than the child. the di?'erence in age shall be measured from the birth date of the person to the birth date of the child This allegation is not in dispute for the following three reasons: Reason #l-The crime was captured on surveillance footage. There is no dispute that on March 2018. at approxirnately 1906 hours. Deputy Wilson entered the Panda Express restaurant in the city of Vista, California. Surveillance footage recorded Deputy Wilson as he touched the buttocks of a fourteen year old girl. Deputy Esteban Victorio viewed the video and recognized Deputy Wilson because they previously worked together and was familiar with Deputy Wilson's posture and mannerisms. Reason #Z-Dcputy Wilson was arrested by the San Diego County Sheriffs Department. There is no dispute Deputy Wilson was arrested on May 2018, at the Vista Detention Facility by San Diego County Sheriff Deputies Kai Bowman #0l45 and Peter Myers #7284. Deputy Wilson was arrested for California Penal Code Section 288 (C) a felony. Deputy Wilson was subsequently booked into the San Diego Central Jail where he remains in custody. SDSO Report records along with various law enforcement databases con?rmed this. Reason ?it-Deputy Wilson waived his Miranda Rights and admitted to investigators he inappropriately touched the minor. There is no dispute Detective Brannan interviewed Deputy Wilson on May l8, 20l8, shortly after his arrest. The interview occurred at the Vista Patrol station and was recorded with both video and audio. Deputy Wilson waived his Miranda Rights, and ultimately admitted to committing the crime by stating: It was a momentary lapse in judgement. It's me, Wilson clarified later in the interview with this quote: This Panda Express thing. that was RELEASED FROM LA. LE TO - lntemal Affairs Case #2018-1 13.] Page 3 of 10 Synopsis. Analysis, Conclusions, and Findings June 29. 2018 It is alleged Deputy Wilson transmitted con?dential information from to his cellphone and an unknown email address. The following Sheriffs Department Policy and Procedure Sections are applicable to the above allegation: 2.6 Conformance to Laws Employees shall obey all laws of the United States. of this state, and of local jurisdictions. The acts of employees giving rise to an indictment, information or complaint, filed against an employee. or a conviction for violating any law, including a conviction following a plea of nolo contendere. may be cause for disciplinary action, temporary or permanent reassignment (excluding minor tra?ic). Employees shall immediately inform their immediate supervisor of any and all circumstances where non-conformance to laws has been. or may be. alleged by any law enforcement agency. The supervisor receiving such notification shall immediately notify internal A?'airs. As it relates to California Penal Code Section 502 which states in part: accesses and without permission takes. copies. or makes use of any data from a computer, computer system, or computer network. or takes or copies any supporting documentation. whether existing or residing internal or external to a computer, computer system. or computer network 2.3 Violation of Rules Employees shall not commit or omit any acts which constitute a violation of any of the rules. regulations. directives. orders or policies of this Department, whether stated in these Rules of Conduct or elsewhere. Employees shall be responsible for their own acts. and they shall not shift to others the burden, or responsibility, for executing or failing to execute a lauful order or duty. (Reviewed 1- l-20! I) As it relates to the following section, which states in part: 7. 6 Use of CLE R113 and Local Information No employee of this Department (sworn or professional sta?r or volunteer) shall use any computerized informational source for anything other than the performance of o?icial duties. This applies but is not limited to. all computerized Departmental Systems. CLETWCIC ARJIS. CA D. Local Systems, and RELEASED FROM LA. FILE T0 7? 1/ lntemal Affairs Case #2018-1 13.1 Page 4 of 10 Synopsis, Analysis, Conclusions, and Findings June 29, 2018 There is no dispute that on May 22, EDIE, the San Diego County District Attorney's Of?ce charged Deputy Wilson with California Penal Code Section 502 (C) a felony. Law enforcement records veri?ed this. Deputy Wilson's criminal investigation and court proceedings are ongoing so my analysis will be made on the evidence obtained thus far. There is no dispute Deputy Wilson accessed his own criminal case (SDSO Case Number 18115185) approximately 33 times between March 23, 2018, and May 18, 2018 in the report writing system. An audit of Deputy Wilson's user account con?rmed this and also revealed that Deputy Wilson conducted numerous inquiries in the system utilizing his own name, home address, and vehicle license plate number as search parameters. During his interview with Detective Brannan, Deputy Wilson admitted he accessed the case as well. Deputy Wilson not only accessed the report writing system to view his own criminal investigation, but he copied digital evidence from the investigation and transmitted it to an unknown email address and his own personal cellphone. Two of the photographs were of the female minor victim. Deputy Wilson had the victim?s home address in his deputy notebook, which was taken directly from the report writing system. Deputy Wilson claimed he wanted to drive over to the victim's house to apologize, but stated he never followed through. Deputy Wilson's actions go beyond curiosity and resemble pedophiliac behavior. Comparing Deputy Wilson to a pedophile might seem premature considering he has not been ,convicted of any crimes. However, Deputy Wilson's actions are similar to other people accused of crimes against minors. According to a behavioral analysis report prepared by the National Center for Missing and Exploited ChiIdren, They (child molesters) optically and relating to children in a sexual, scientific. or social way." It is alleged Deputy Wilson's actions re?ected poorly on the San Diego County Sheriff's Department. The following Sheriff's Department Policy and Procedure Section is applicable to the above allegation: 2.4 Unbecoming Conduct Employees shall conduct themselves at all times, both on and off duty. in such a manner as to re?ect most favorably on this Department. Unbecomlng conduct shall include that which tends to bring this Department into disrepute or re?ects discredit upon the employee as a member of this Department, or that which tends to impair the operation and efficiency of this Department or employee. (Reviewed 1- 1 1-201 1) RELEASED FROM Refer to page FILE Internal Affairs Case #2018-113.1 Page 5 of 10 Synopsis. Analysis. Conclusions, and Findings June 29, 2018 There is no dispute that Deputy Wilson's actions tarnished the reputation of the San Diego County Sheriff?s Department. This incident was highly publicized over several months and garnered media attention ?'om numerous news outlets. On May 18. 2018, Sheriff Gore held a press conference to announce the San Diego County Sheriffs Department not only had a suspect in custody, but that the suspect was a Deputy Sheriff. a position held by someone the community should trust. Sheriff Gore claimed he was deeply disappointed in Mr. Wilson ?s Sheriff Gore was not the only person who used the word disappointed in relation to Deputy Wilson's behavior. NBC 7 NEWS correspondent- interviewed the victim's mother, shortly a?er Sheriff Gore's announcement. Ms. - had this to say about Deputy Wilson's conduct: It is very disappointing we are still in slroelr, that someone in his position would betray the community": trust like that?. It is alleged Deputy Wilson was not truthful during his interview with Detective Brannon on May 18. 2018. The following Sheriff's Department Policy and Procedure Section is applicable to the above allegation: 2. 46 Trutlrfulness When asked by the Sherry: the Sheri?fs designee or any supervisor, employees will alum-s armrer questions, whether orally or in writing. and to the ?'tlltiSl extent of their knot-sledge. All written and verbal reports shall be truthful and complete. (Reviewed 1-2 7.20! I) In order to determine if Deputy Wilson violated this policy, 1 need to establish 1) does Detective Brannan qualify as the Sheriff?s designee and 2) whether Deputy Wilson was untruthful when speaking to Detective Brennan. 1) Who is the Sheriff?s Designec? I submit that Detective Dave Brannan qualifies as the Sherl??s Designee in this case. Detective Brannan is a Child Abuse Detective for the San Diego County Sheriffs Department. Sheriff Bill Gore designated Detective Brannan to work in the Child Abuse Unit in September 2014. According to the of?cial job description, Child Abuse Detectives conduct investigations regarding physical and sexual abuse of children within the Sherist jurisdiction]. On May 18, 2018, Detective Brennan interviewed Deputy Wilson as a criminal suspect for allegedly inappropriately touching a minor. Detective Brannan was the primary Detective assigned to the case. 3 RELEASED FROM #3 F'Lii/ Internal Affairs Case #2018-113.1 Page 6 of 10 Synopsis. Analysis, Conclusions, and Findings June 29, 2018 2) Was Deputy Wilson untruthful when speaking to Detective Brannon? Deputy Wilson denied approximately ?ve different times that he was responsible for this crime. Deputy Wilson either verbally denied touching the girl or shook his head back and forth indicating he was not the person. An example of Deputy Wilson's untruth?il statements is highlighted below: Did you see the Panda Express video?? Yes. DB: What do you think about that? TW: does look like me. That?s why I was looking at the DB: it's notyou? TW: It's not Finally, alter nearly eight (8) minutes of repeatedly denying the accusations, Deputy Wilson changed his story and admitted to committing the crime by proclaiming: It was a momentary lapse in judgement. It's me, Wilson's lack of candor is troubling for many reasons especially considering he was on duty and wearing his full Sheriff?s uniform. This video recorded interview will possibly be played in a court room where members of the public will see a uniformed Deputy Sheriff lying to detectives. It is alleged Deputy Wilson violated a direct order on June 6, 2018, by refusing to answer questions for this Internal Affairs investigation. The following Sheriff's Department Policy and Procedure Section is applicable to the above allegation: 2.15 lnsubordination lnsubordination is the willful refusal to obey a reasonable and lawful order given and understood. A reasonable and lawful order given to a subordinate shall be followed regardless of the method of conveyance. The failure to obey orders constitutes grounds for discipline (including termination). (Reviewed 12- 9-2010) 3 Refer to end of Attachment for job description DBebetective Brennan Begins at 03:53 on CD labeled Attachment RELEASED FROM TW-Timothy Wilson LA. FIW T0 lntemal Affairs Case #2618-1 13.1 Page 7 of to Synopsis, Analysis. Conclusions. and Findings June 29, 2018 This allegation is not in dispute. On June 6, 2018, Sergeant Stefan Kopchak and I arrived at the San Diego Central Jail to interview Deputy Wilson for this investigation. Prior to the interview, I provided Deputy Wilson the Rules of Conduct including Department Policy and Procedure Section 2.15 (lnsubordination). During the recorded interview, I read Deputy Wilson the Lybarger Admonishment which states in part: You are required to answer my questions fully and now order you to answer the following Wilson willfully disobeyed my orders when he refused to answer my questions. Deputy Wilson claimed he was advised by his legal counsel to not answer my questions for his interview. Deputy Wilson's reason to not answer my questions is irrelevant because my questioning pertained to an administrative investigation. Therefore, Deputy Wilson was required to cooperate and obey my orders. It is important for employees to follow orders especially during an internal affairs investigation because the public expects law enforcement to be accountable for misconduct. It is alleged Deputy Wilson cannot perform his assigned job duties as a Deputy Sheri?'. The following Sheriff's Department Policy and Procedure Section is applicable to the above allegation: 2.30 Failure to Meet Standards Employees shall properly perform their duties and assume the responsibilities of their positions. Employees shall perform their duties in a manner which will tend to establish and maintain the highest standards of e?iciency in carrying out the mission. functions, and objectives of this Department. Failure to meet standards may be demonstrated by a lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the employee 's position: the failure to take appropriate action on the occasion of a crime. disorder, or other condition deserving police attention: absence without leave: unauthorized absence from the assignment during a tour ofduty: the failure to submit complete and accurate reports on a timely basis when required or when directed by a supervisor. (Reviewed 1-27-2011) There is no diSpute that Deputy Wilson cannot perform his duties as a Deputy Sheriff for the following three reasons: Reason til-Deputy Wilson cannot possess a ?rearm for ?ve years On May 22, 2018, the San Diego County Superior Court issued a Criminal Protective Order against Deputy Wilson. The criminal protective order was issued to prevent Deputy Wilson from going near the victim. On June 2l, 2018, the San Diego County RELEASED FROM LA. FILE T0 Internal Affairs Case #2018-1 l3.l Page 8 of 10 Synopsis, Analysis, Conclusions, and Findings June 29, 2018 Sheriff?s Department received a document ?om the California Department of Justice indicating Deputy Wilson was restricted ?om possessing a ?rearm until May 21, 2021. Law enforcement databases con?rmed this information. Deputy Wilson's ?rearm restriction signi?cantly limits his ability to perform his job duties. As a peace officer, Deputy Wilson is required to possess a ?rearm for the purposes of transporting prisoners and providing security to any perimeter of a jail?. Reason #Z-Dcputy Wilson is on the Bradly List for an inde?nite amount of time On approximately June I, 2018. the Sheriff?s Department also received a letter from the San Diego County District Attorney's office indicating Deputy Wilson was on the Brady List as a result of the criminal complaints against him. The Brady List is a con?dential ?le maintained by the Special Operations Division within the District Attorney's Of?ce (Brady v. Maryland (1963) 373 U.S. 83). Deputy Wilson's name on the Brady List by itself does not automatically preclude him from testifying in court or submitting criminal reports. However. Deputy Wilson?s name is now stigmatized and a prosecutor will have to carefully consider whether he can be called to testify?. Reason #3-Deputy Wilson remains in custody at SDCJ At the time of this report, Deputy Wilson remains in custody at the San Diego Central Jail, which prevents him from returning to work if required to do so. The burden of proof for an administrative case is a ?preponderance of evidence? which is de?ned as ?such evidence. when weighed with that opposed to it. has more convincing force and greater probability of truth. In weighing the facts of this case. there is a preponderance of evidence to show Deputy Wilson broke the law on March 21, 2018, when he inappropriately touched the buttocks of a young girl. Deputy Wilson initially denied he touched the girl but ultimately admitted to doing so. Deputy Wilson was subsequently arraigned in San Diego Superior Court for 288 (C) (I) and 502 (C) (2) for unlawfully transmitting digital evidence to his cellphone and an unknown email address. Deputy Wilson undoubtedly tarnished the reputation of the Department because various news outlets reported that a San Diego County Sheriff?s Deputy was responsible for this crime against a minor. Deputy Wilson is restricted from possessing a ?rearm and testifying in court for the next several years. Additionally, Deputy Wilson willfully disobeyed my direct order to answer questions for this internal affairs investigation. For these reasons. Deputy Wilson can no longer be an effective law enforcement of?cer. RELEASED FROM LA. FILE TO 7 See Lita-ml See page 4 of lntemal Affairs Case #2018-1 13.! Page 9 ofIO SynOpsis, Analysis, Conclusions, and Findings June 29, 2018 FINDINGS This complaint against Timothy Wilson, Jr. as it relates to Sheriff's Policy and Procedures, Section: 2.6 Conformance to Laws (As it relates to California Penal Code Section 288 (C) in that: On May 22, 2018, Deputy Wilson admitted to committing the crime and was ultimately arraigned in San Diego Superior Court is SUSTAINED This complaint against Timothy Wilson, Jr. as it relates to Sheriff's Policy and Procedures, Section: 2.6 Conformance to Laws (As it relates to California Penal Code Section 502 in that: On May 22, 2013, Deputy Wilson was found to be in possession of the victim's home address and was subsequently arraigned in San Diego Superior Court is SUSTAINED This complaint against Timothy Wilson, Jr. as it relates to Sheriff's Policy and Procedures, Section: 2.4 Unbecoming Conduct in that: Deputy Wilson brought discredit Upon himself and as a member of this department when he was arrested for inapprOpriately touching a female minor in public and then lying to investigators during questioning is SUSTAINED This complaint against Timothy Wilson, Jr. as it relates to Sheriff?s Policy and Procedures, Section: 2.30 Failure to Meet Standards in that: Deputy Timothy Wilson, Jr. cannot perform his job duties as a Deputy Sheriff. Deputy Wilson is on the Brady List, has a ?rearms restriction, and is currently in custody at the San Diego Central Jail is SUSTAINED. RELEASED FROM FILES TO 770/ Internal Affairs Case #201 8-1 l3.l I Page 10 of 10 Synopsis. Analysis. Conclusions. and Findings June 29. 2018 This complaint against Timothy Wilson, Jr. as it relates to Sheriff?s Policy and Procedures, Section: 2.15 Insubordination in that: On June 6. 2018, Deputy Wilson will?Jlly disobcyed my direct orders to answer questions during his Internal Affairs interview is SUSTAINED. This complaint against Timothy Wilson. Jr. as it relates to Sheriff's Policy and Procedures. Section: 2.3 Violation of Rules (As it relates to Department Policy and Procedure Section 7.6 Use of and Local Information) in that: Deputy Wilson accessed the report writing system and viewed his own criminal investigation multiple times without permission is SUSTAINED. This complaint against Timothy Wilson. Jr. as it relates to Sheriff?s Policy and Procedures. Section: 2.46 in that: On May 18. 2018, Deputy Wilson was untruthful when speaking to Detective Brennan is SUSTAIN ED. Submitted by: '18 K/ie Sergeant Date Approved by: /f Michael [Gonna/K, Lieutenant KCB:kcb RELEASED FROM LA. FILES To 71M NAME Dave Brannan Detective Rich Poulin Deputy Sheriff WITNESS LIST Case ADDRESS 9621 Ridgehaven Ct San Diego, CA 92123 5560 Overland Avenue San Diego, CA 92123 C, TELEPHONE 0: (858) 974-2374 0: (358) 495-5142 RELEASED FROM LA. FILES TO 770/ C. SAN DIEGO COUNTY DEPARTMENT INTERNAL AFFAIRS UNIT INVESTIGATION REPORT CONFIDENTIAL INTERNAL AFFAIRS CASE NUMBER: 2018-1111 DATE: June 29, 2018 COMPLAINANT: S.D.S.O. INVESTIGATOR: Sergeant Kyle Bibel INVESTIGATION On May 14, 2018, at approximately 1300 hours, Lieutenant Christina Bavencoff of the Internal Affairs Unit, informed me Detectives with the San Diego County Sheriff's Department. Child Abuse Unit, had probable cause to arrest Deputy Timothy Wilson Jr., a Detentions Deputy assigned to the Vista Detention Facility (VDF), for California Penal Code Section 288 (C) (1) a felony. Deputy Wilson allegedly inappropriately touched a female minor at a Panda Express Restaurant in the city of Vista, California. On May 16, 2018, at approximately 0700 hours, Detective Brennan and I met in the office of Internal Affairs to go over logistics for the date, time. and place of arrest of Deputy Wilson. The plan called for Deputy Wilson to be arrested on duty at VDF on May 18, 2018. On May 18, 2018, at approximately 1130 hours, Detective Brennan and I met with Internal Affairs Sergeants Denese Deal #4317, Juan Lopez #1228, and Stefan Kopchak #3635 at the Vista Patrol Station. At approximately 1200 hours, VDF Administrative Sergeant Jesse Johns #7170 escorted Sergeants DeaL Lepez, Kopchak and 1 into the VDF Intake Area. I contacted Deputy Wilson, who was at his workstation, and informed him to gather his belongings and come with us. Deputy Wilson agreed and together we walked outside to the vehicle sallyport. On May 18, 2018, at approximately 1205 hours, San Diego County Sheriff Deputies Kai Bowman #0145 and Peter Myers #7284 arrested Deputy Wilson inside the sallyport without incident and placed him in the back of a patrol car. Deputies Myers and Bowman drove Deputy Wilson to the Detective Bureau within the Vista Patrol Station for an interview. A?erwards, Deputy Wilson was dressed out in jail issued blue clothing and booked into the San Diego Central Jail (SDCJ) for 288 (C) (1). On May 18, 2018, at approximately 1810 hours, Deputy Wilson's bail was enhanced to $200,000. RELEASED FROM LA. LE T0 Internal Affairs Case #2018-113.1 Page 2 of 9 Investigation June 29. 2018 On May 18, 2018, at approximately 1600 hours, Lieutenant Bavencoff assigned this department generated complaint to me for investigation. The complaint form read: Deputy Wilson was arrested for lewd acts on a minor. A review of Sheriffs records revealed that Deputy Wilson was arraigned on May 22, 2018, for 288 (C) and 502 (C) (2) (Felony unauthorized use of computer data). At the time of this report, Deputy Wilson is still in custody at SDCJ and has not bailed out. On May 21, 2018, at approximately 1100 hours, I met with Lieutenant Michael Blevins #2302 with the San Diego County Sheriff?s Department, Family Protection Detail, to obtain Detective Brennan's investigation. Lieutenant Blevins transferred Detective Brannan's investigation from his computer to my external hard drive?. Detective Brennan?s investigation contained the following: Audio interviews of Deputy Esteban Victoria #5704 and -- Photographs of Deputy Wilson's locker and tattoos Folder entitled Similar Cases Video footage of Panda Express dated March 21, 2018 Photographs of victim and screen shots of video footage VDF Shift Deployment for March 21, 2018 Case Number 18115185.] and 181151852 Be on the Lookout (BOL) Bulletin for Panda Express incident Case Audit Deputy Wilson's KRONOS account reports Corporate Directory photographs for Deputies Victorio and Wilson vehicle report Biography of Deputy Wilson by SDSO Threat Assessment Group (TAG) 2018 License Plate Reader Report (LPR) Vehicle and Residence Photos Follow up report by Detective Mike Silva #2654 Investigative Reports by Detective D. Brennan The following is a summary of Detective Brennan?s investigation: On March 21, 2018, at approximately 1906 hours. a 14-year-old minor female namedd and her female friend, -. were inside the Panda Express restaurant located at 20 Main Street in the city of Vista, California. A black male adult, later identi?ed as Timothy Wilson Jr. (age 32), entered the business and used his hands to grope-buttocks over her clothing. Deputy Wilson left the scene on foot and entered a black colored sedan before driving away. Portions of the incident were captured on surveillance footage inside the Panda Express restaurant. and her mother eventually called 911 and deputies with the San Diego County Sheriff?s Department Files were eventually transferred to SDSO folder and deleted from my external hard drive 3 Last name redacted for privacy of victim RELEASED FROM LA. TO Internal Affairs Case #2018-113.1 Page 3 of 9 Investigation June 29, 2018 responded to take a report. The case was initially assigned to Detective A. Julian with the Vista Patrol Station for a follow up. On March 27, 2018, Detective Julian distributed a BOL (Be on the Lookout) flyer containing a photograph to local law enforcement agencies, which included sworn members of the San Diego County Sheriff's Department. On April 9, 2018, Detective Julian released video footage of the incident to the news media in hopes someone would come forward with information. On May 9, 2018, Deputy Esteban Victoria #5704, a Detentions Deputy assigned to the East Mesa Reentry Facility, viewed the video footage on the news and believed the suspect was Deputy Wilson. Deputy Victoria reported his suspicions to Detective James Stathes #1630 with the Detentions Investigation Unit (DIU). Detective Stathes shared this information with Detective Mike Silva #2654 with the Threat Assessment Group (TAG). Detective Silva conducted an investigation, and discovered Deputy Wilson owns a black colored sedan and worked at VDF on March 21, 2018 from 0600 until 1830?. Detective Silva requested an audit of Deputy Wilson's activity and discovered Deputy Wilson accessed Detective Julian's investigation case Number 18115185) approximately 31 times between March 23. 2018, and May 9, 2018. Deputy Wilson also conducted numerous inquiries in the system utilizing his own name, home address, and vehicle license plate number as search parameters. On May 10, 2018, Detective Brannon took over the investigation and compared Deputy Wilson's corporate directory photograph to the person in the Panda Express video footage. Detective Brannan believed the suspect in the video was more than likely Deputy Wilson. On May 16, 2018, Detective Brannan obtained a search warrant to search Deputy Wilson's employee locker along with his vehicle, person and residence in On May 18. 2018, Deputy Wilson was arrested at VDF and questioned shortly afterwards. Detective Brannan's investigation contained an audio and video-recorded statement from Deputy Wilson's4 interview. The interview occurred in the Detective Bureau at the Vista Patrol Station. Deputy Wilson waived his Miranda Rights and initially denied he touched the girl. However, when pressed for details, Deputy Wilson ultimately admitted to inappropriately touching the minor and then looking up details of the case in the report writing system. Detective Brannon also discovered the victim's home address written down in Deputy Wilson's notebook. The following is a brief summary of key parts of the interview. The reader of this report is encouraged to play the video-recorded interview and watch as Deputy Wilson repeatedly denied he was responsible for this crime, but then confessed to inappropriately touching the girl. I will summarize key portions of the interview for the reader. These initials will represent the following people: SED FROM The Panda ExPrt-?H incident happened on March 21. 2018 around 1906 hours Refer to CD labeled Attachment TO Internal Affairs Case #20l8-l 13.1 Page 4 of 9 Investigation June 29, 2018 TW: Timothy Wilson (Suspect) DB: Detective Dave Brannan (Investigator) Deputy Wilson agreed to speak with Detective Brannan but was unsure why he was in the interview room. Detective Brannan informed Deputy Wilson the purpose of the interview was to discuss the Panda Express incident. Deputy Wilson was familiar with the incident because many people had told Deputy Wilson he looked like the guy in the video. Deputy Wilson denied he was the suspect during this exchange with Detective Brennan. 3DB: Dldyoa see the Panda Express video?? 7TW: Yes. DB: What do you think about that? TW: does look like me. That's why I was looking at the DB: it's not you? TW: It's not Deputy Wilson denied approximately ?ve different times that he was responsible for this crime. Deputy Wilson either verbally denied touching the girl or shook his head back and forth indicating he was not the person. Detective Brannan advised Deputy Wilson that it was in his best interest to tell the truth especially considering so many people recognized him on the video footage. Detective Brannan expressed to Deputy Wilson this incident would make Deputy Wilson look like a pedophile if they were unable to come up with a reason as to why he touched the girl. Finally, after almost eight minutes of repeatedly denying the allegations, Deputy Wilson changed his story and admitted to touching the girl's buttocks. was a momentary lapse in judgement. Itmomentary lapse in udgement. TW: I don '1 even know why I did it. DB: Did you [mow how old she was? DB=Detective Brannan Begins at 03:53 on CD labeled Attachment RELEASED FROM 1 a - TW=TImothy Wilson Begins at 03:00 minute mark on CD labeled Attachment FILE lntemal Affairs Case #2018-1 13.] Page 5 of 9 investigation June 29. 2018 TW: No, I didn ?t sir. DB: old didyou think she was? TW: A least She had tight white pants DB: 't brow why you did it? TW: No. [just get of] time I get off work from this a stressful place to was heading a pretty went in don 7 even know why I did that. Deputy Wilson acknowledged he made a mistake and would like to apologize to the victim because he has a 12-year-old daughter. Deputy Wilson would not want anyone touching his daughter the way he touched the young girl in Panda Express. Detective Brannan expounded that there were reports of similar incidents in the city of Carlsbad from over a year ago where a unidenti?ed black male inappropriately touched two adult females and then drove away in a black car. Detective Brannon reminded Deputy Wilson that he also drives a black car. Deputy Wilson decried he has never done anything like this before and had nothing to do with the sexual batteries in Carlsbad. Deputy Wilson elaborated: that's not Panda Express thing, that was Deputy Wilson advised Detective Brennan the clothes he was wearing on March 21, 2018, were still in his vehicle and at home. Deputy Wilson also veri?ed the black shirt he was wearing was the same shirt he wore underneath his uniform shin earlier that day. Detective Brannan paused the interview and gave Deputy Wilson the opportunity to review search warrants for his vehicle and work locker. Detective Brannon stepped outside of the interview room. Several minutes later, Detective Brennan entered the interview room again to inform Deputy Wilson he found the victim's home address in Deputy Wilson's deputy notebook". Deputy Wilson acknowledged he looked up the victim's address but that he was not going to do anything with it. According to Deputy Wilson, he just wanted to go over there and apologize to the victim. Deputy Wilson never followed through and stated he never went to her home. After the interview, Sergeant Deal and I provided Deputy Wilson two letters indicating he was to be placed on immediate leave without pay. I also provided Deputy Wilson a Peer Support pamphlet. The interview ultimately ended and Deputy Wilson was dressed out into blue jail issued clothing and transported to the San Diego Central Jail for booking. RELEASED FROM IA. 9 Refer to 30:20 minute mark on CD labeled Attachment lro FILES lntemal AiTairs Case #2018-113.l Page 6 of 9 Investigation June 29, 20] 8 On May 16, 2018, San Diego County Sheriff?s Department iT Engineer Mark Tudor #7666 provided me Deputy Wilson's department email and U-drive accounts. A review of Deputy Wilson's archived emails revealed two relevant emails. The ?rst email was dated March 25, 2018, at 1300 hours and sent to an unknown email address titled: The outgoing email contained six (6) digital images. The reader is encouraged to refer to Attachment for the email along with printouts of the photographs. The following is a brief summary of each photograph contained in the email: I) Picture of Deputy Wilson standing inside the Panda Express. 2) Picture of Deputy Wilson entering the Panda Express. 3) Picture of Deputy Wilson entering the Panda Express. 4) Picture of minor victim. 5) Picture of minor victim. 6) Picture of Deputy Wilson entering the Panda Express. The second email dated March 25, 2018, at [302. was sent from Deputy Wilson's Department email account to* The email contained the same photographs. A comparison reveaie the photograp matched the same pictures from the U-drive Case Number 18115185. The image numbers were also the same. Detective Brannan's investigation revealed Deputy Wilson had these same images on his personal cellphone at the time of his arrest. On May 21. 2018. I requested an updated audit of SDSO Case Number 18115185 from Deputy Rich Poulin #l634 with the Report Writing Unit. Deputy Poulin provided me' the audit. which is attached in this investigation under Attachment F. The audit revealed Deputy Wilson viewed Case Number 18115185 two additional times on March 25, 2018, at approximately 1723 hours. On May 23, 2018, Sergeant Kopchak and I arrived to the San Diego Central Jail to provide Deputy Wilson his ?accused letter'o." Deputy Wilson indicated he wanted to have an interview at a later date and time with an attorney. On May 29. 2018, at approximately 0730 hours, I emailed Deputy Wilson's criminal defense attorney, Mr. Marcus E. Debose, to coordinate an interview. I also reached out to Attorney Amy Margolies with the Deputy Sheriff's Association so she could be present for the interview as well. On June 1, 2018, the Personnel Division of San Diego County Sheriffs Department received a letter from the California Department of Justice indicating Deputy Wilson was prohibited from carrying a firearm until May 21, 2021 The ?rearm restriction was a result of the Criminal Protective Order ?led against Deputy Wilson in San Diego Superior Court. 'lhe order was made to prevent Deputy Wilson from going near the victim. form letter indicating employees are under administrative investigation Refer to attachment RELEASED FROM LA. FILE TO Internal Affairs Case #2018-113.1 Page 7 of 9 Investigation June 29. 2018 On June 1. 2018. the San Diego County Sheriffs Department also received a letter from the San Diego County District Attorney's Of?ce indicating Deputy Wilson was to be placed on the Brady List which is a con?dential list maintained by the Special Operations Division of the District Attorney's Of?ce. A person on the Brady List has signi?cant restrictions in the event it is necessary for him or her to testify or if their reports are used in any criminal legal proceeding. I provided copies of both documents to Ms. Margolies. On June 1, 2018, coordinated an interview with Deputy Wilson and his attorney, Ms. Margolies, set for June 6, 2018. On June 6, 2018, at approximately 1137 hours. Sergeant Kepchak and I met Deputy Wilson for his interview in a private room located on the 9'h Floor of the San Diego Central Jail. Deputy Wilson was dressed in his green jail issued attire and was wearing leg and waist chain restraints as required by jail policy and procedures. Also present was Ms. Margolies who started the interview by offering me a resignation letter on behalf of Deputy Wilson with a stipulation that Deputy Wilson's resignation be effective ten days later. The letter addressed to Sheriff Gore, was signed by Deputy Wilson. 1 eXplained to Ms. Margolies that I was not here to negotiate the terms of his resignation but would be willing to step out of the room and call Sheriff's Legal Affairs for clari?cation. Sheriff's Legal Affairs ultimately decided the Sheriff?s Department would only accept Deputy Wilson's resignation if it were effective immediately. Ms. Margolies would not change the terms of the resignation and informed me the interview would proceed as planned. However, Ms. Margolies informed me she instructed Deputy Wilson not to answer my questions when ordered to do so. Ms. Margolies claimed she understood the ramifications of Deputy Wilson disobeying a direct order. Deputy Wilson refused to answer my questions so the interview ended. The reader of this report is encouraged to listen to the audio recording to hear Deputy Wilson's refusal to answer my questions. I will summarize key points of the interview below for the convenience of the reader. Throughout this interview. the following initials will represent the following individuals. KB: Kyle Bibcl (Investigator) TW: Timothy Wilson (Accused Employee) Prior to the interview starting, I provided Deputy Wilson copies of the following documents: 0 Department originated complaint form 0 Accused letter addressed to Deputy Wilson I San Diego County Sheriff's Department Rules of Conduct RELEASED FROM LA. FILEE TO lntemal Affairs Case #2018-ll3.l Page 8 of 9 Investigation June 29, 20 8 STATEMENT OLACCUSED EMPLOYEE TIMOTHY WILSON I began the interview by explaining the nature of the complaint and asking Deputy Wilson if he had adequate time to speak with Ms. Margolies. Deputy Wilson con?rmed he had adequate time to speak with Ms. Margolies. read Deputy Wilson the Miranda Warning and asked if he was willing to speak with me. Deputy Wilson refused so I then read the Lybarger Admonishment which states in part: You are required to answer my questions fully and truthfully. [f you refuse to answer my questions. this in itself is a violation of the rules of the Department. and you will be subject to disciplinaor action. up to and including now order you to answer the following KB: Deputy Wilson before the interview did you have enough time to read the four sections of the Rules of Conduct as it relates to lnsubordination, Intervention, Departmental Reports. and Truthfulness? TW: Yes. KB: you understand it's your obligation as an employee of the Sheriff?s Department to adhere to these procedures? TW: Yes, I understand. KB: Why don 't you start o?'by giving your name. rank, and ARJIS TW: Under the advice of counsel. I refuse to speak with you. I reminded Deputy Wilson he was still a member of the Sheriff's Department and required to follow the Rules of Conduct specifically Department Policy and Procedure Section 2.15 (Insubordination). Deputy Wilson recognized i gave him a direct order to answer my questions truthfully and to the fullest extent of his knowledge. 1 read Department Policy Section 2.15 verbatim. aloud. and together we had the following brief discussion. KB: Do you understand what i have just read to you? TW: I understand 1what you read sir. KB: Having in mind what I have just read to you, are you refusing to answer my questions? TW: Under the advice of counsel. I refuse to answer your questions. RELEASED FROM 1: see for Garrity de?nition A FILES To? 41/ C. Internal Affairs Case #20l8-113J Page 9 of 9 Investigation June 29, 2018 Due to Deputy Wilson's refusal to answer my questions, I ended the interview with an order not to disclose at 1142 hours. At the time of this report, Detective Brannan's criminal investigation is ongoing and Deputy Wilson remains in custody at the San Diego Central Jail for further court proceedings. Submitted by: '19 We WSergeant Date Approved by: g4?, Michael Lieutenant Date"I KCB:kcb RELEASED FROM LA. FILES To 77} M, i" Crimelincident Report San Diego County Sheriff's De?anment 18115185 CAD Em No: E4837549 c-u nun-1m Active 1 Pun-rm: Macaw 131151354 CASE -PC- 5: 20 Main CA 92083 of Vista - VISTA 05? It n?s 0312112018 19:54:00 need or I I run: I Victim #1 Pm Oodo El scum Pun-m Due-um cm- hum-Inn Parry [j in Mann-11 um: Typo inward-r Lancing. I-Incukual 1M5 rm warm?: Wham Hun Type I Furl: Mdab Last I Suf?x 1- PG - LEWD l- LASCIVIOUS ACT WICHILD 10 YRS OLDER 110 US and Sam-'15; - Resident N-Nono 01-Nane Tm I: ILLEU SUSPECT UNKNOWN ST - Victim Was Sir: I IEWUCR C?'llu Ducripiim um Aqua-t: Coupbua? Cumin Lima- 288 (OX1) - Pc - LEWD a. LASCIVIDUS ACT WICHILD PE Yes YRS OLDER 11!) (F) Lame-1 hula-Is. Out-st: mm- 21 - Restaurant I 88 - Nana [No alas] No I:an Muir ms SI:me Rims: Envy Pawn oi EnI-y No WMIGI Tod; Tug-B ?0 - Personal Wsapons COMS - Parson (Thumb. Hands. Fists. Feat. :th ARRESTEEIS {Hal ht Am-mdi suspeCt Fl'l??l Camry Find-Mt HI: mi} uphill LII-6W ESPECT. UNKNOWN - Unknuwn . A r- 1 LH I I ll-V m: Duns-m I trauma?: Hula?s B9 5117135 -sronns HEATHER ?m 5114026 -WHALEN LAURA - VISTA PATROL NM Dill MID ?Hind 312321113 1:31.119 AM 5115362 JULIAN. ANDY 03:23:2013 00:02:11 maximums mas-co Pun-a ay Sims mm my 1:1. mm - 221 PM r" San Diego County Sheriff's Dehartment Crimellncident Report 18115185 002mm E4837549 cunt-melon. Active 2 n1me n-ponm 131151354 mm 25-35 5' 9" 200 DRK - Dark 0 - Other 5 - Short FAT - Dark ehirt and 999 - Othere Not Listed ?warmers OTHER ENTITIHI I Other Entity #1 Pew cm low-e Mu Drum-u cm- Ei Rowing In lam-mi arm- Emir Trill ?lm Con-I Camry Reno-ml. RP-R-mrunmm [Ft-Realm CA - None 01 - None Other Entity #2 Mon ende [3 am Prune [j Discovered Crime El ?lming Party [1 am: one. m. Eon-Irly Tgeth PUIUI Code County Reno-nee - or - Resident 06 - Other Laletnes: ?us .A. Duran Vista Station SH7185 - STORRS. HEATHER VISTA PATROL smoza - WHALEN. LAURA haul Del- Debt? Alum Renewed DI. 3i22i2013 1:31:09 AM Sol-15382 - JULIAN. ANDY 031230018 00 1 Vii-15436 Prim By SW95 Print [by Iii. 2015 I 226 PM San Diego County Sheriff?s Department Crimellncident Report ?Mb 18115185 man-um. 54037549 cum-an Active 3 Pun-1mm ?mm 10115105: 5.52m CA 01 - None PROPERTY "Inn 0 Deputy Storm 1 Video Miriam! 1 Video item 112.000 - CD with - 1311 - - 0f VideolPhoto CD. DVD. Tape. Fllm. Digital storage. Pro 0 H2018 nrroar i SYNOPSIS: 0n 03/21118._ (11-01-03) reported an unknown black adult male grabbed her buttocks at Panda Express. 20 Main Street in the city of Vista? told her mother. about the incident who called Sheriff Dispatch. -was standing in line to order food When the adult male grabbed the right side of her buttocks with his right hand and left the restaurant. The suspect left the scene in a black sg?rtASE-D FROM There is body worn video In evidence for this case. LA- Pg 1/ TO Reporting Oile- DHIIMJ agar-anon Haven-d 87 Vista Station sums - sronas. HEATHER VISTA PATROL 51-14020 - WHALEN. LAURA Del Meir-d Baden-d Duh 312212010 1:01:09 AM sum: - JULIAN. ANDY 03:23:20? 00:12:17 HlMJ?A?an?l ?1-15-00 Pan-d 10. 0010 226 PM r? San Diego County Sheriff's Department Crime/incident Report Cum 18115185 msmm- E?a37549 cumin-mm Active 4 Within ?mm 1311mm Mm ORIGIN: On 03121118. at 2011 hours, Deputy Roberts and were dispatched to investigate a report of a sex crime against a child which occurred at 20 Main Street In the city of Vista within the county of San Diego E4837549). BACKGROUND: None. INVESTIGATION: Deputy Roberts and I arrived at 20 Main Street and contacted Deputy Minami who was on scene speaking with about the Incident. I obtained the following statements from? - and and- STATEMENTS: Statement cf? (Reporting Party): - told me her daughter- called her and said a man grabbed her butt while she was In line. at Panda Express. getting food with her friends. - Immediately went down to the Panda Express to be with her daughter and talk to her about the Incident. - then called Sheriffs Dispatch to report the Incident because Panda Express did not cal1911 per their policies. Statement of (Victim): -toid me that she was inside Panda Express and an adult male grabbed her buttocks- said the man grabbed the left side of her buttocks with his left hand and the man ran out of the restaurant. - stated the suspect did not say anything to her before or after the Incident.- gave me the following description of the suspect. black male adult. approximately 40 years old. wearing a black shirt and dark Jeans. - said she thought the suspect got into a black sedan and drove out of the parking lot. heading eastbound. RELEASED FROM INVESTIGATION CONTINUED: ii I provided- with a Sheriff's case number and Victim Resource Guide. ltoo?k? digital iniageearherar the scene. I spoke to the manager of Panda Express. - had video surveillance footage of the incident. Deputy Roberts and I watched the footage and I saw a black male enter the restaurant Flooring Duct gill-on Rolland ?y st: tatton - STORRS. HEATHER PATROL $114028 - WHALEN. LAURA HM DIN Hill? Du $222018 1:31:09 AM 5115332 - JULIAN. ANDY 031232018 00:02:17 Prinbd ?y at?! Prim My 10. mil-220 PM San Diego County Sheriff's Department Crimellncident Report mm 18115185 CADEMM: cumin-um Active 5 HIM-1N1 1511s1as.1 and stand near the entrance. i saw. walk past the suspect and step a few steps in front of him. Viewing the suspect and In the window reflection, I could see the suspect use his right hand to reach out towards- buttocks. The suspect then left the restaurant on foot. The video surveillance does not show an angle of the parking lot for a vehicle description. We were unable to obtain a digital copy of the video. but obtained still images of the suspect inside and outside the restaurant. All images were copied onto a CD as evidence. The restaurant owner may be able to supply video to detectives. submitted the CD into evidence at the Vista Patrol Station and concluded my Investigation. EVIDENCE: See Property and Evidence tab. INJURIES: None. PROPERTY DAMAGE: Non e. FOLLOW UP: None. RELATED REPORTS: None. RELEASED FROM LA. TO Honoring Cline-r Faun-d By ta Slims - sronns. HEATHER smozs - WHALEN. LAURA ?lpcl't nu Dan-cm mwa mum-d cu 312212015 1:31:09 AM snsaez - JULIAN. ANDY 03:23am comm Prim ?y stems mm ?110.2131! - 225 PM (r San Diego County Sheriff?s De?artment Follow-Up Report Cum 18115185 wen-mun Acuvc 1 Mount: 11115135.: ?rm-1.11M. can: INIORMATHBN HILD 1 OLDER 11 ?an. . 20 Main CA. 92033 in: of Vlsta - VISTA ADMIN 05 - Child Hutu! 07 - a and or deslra i ucnws VIctlm #1 RELEASED FF: LA. 0? TO nun-macaw- 111me [3 V?Iclm Tun lnll?lrlt- Lou-Igno- I - Individual 1 Hl?'l Typ- Fem Maul- Lat Salli: - 9c - LEWD a. LASCMDUS ACT 1411s:nsrennm 1a was OLDER 110 - Resident us - - Mom I: Typo KILLED OR SUSPECT UNKNOWN ST - Was I I Clim- Dnc?plnn? lell Man-l: cm Lung- PC - LEWD 8. LASCIVIOUS ACT WICHILD PE Yo: 10 YRS OLDER 110 (F) 510an 0111:. Simon mum 8y sta ta on 5115362 - JULIAN. ANDY VISTA DETECTNES SH4942 - MAYS. MATTHEW Roper! 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ANDY 04112f2018 15:18:20 Prim-a By sums leld' thy 111. an: 411 PM r' San Diego County Sheriff's Dehartment Follow-Up Report cum 18115185 CAD em No: E4337549 c-u Dime-lion Active Prim-v woman 13115135.: Patio! 12 ruin??U5 - Nona 01 - None Witness #2 Pinnac- Sum-am Dunn-lacun- CA ~93!?ng El m??wmla?cw wow u, Winn [j or-m MI 12-0" El 13-luvuiiglcr UIEI. Pal-1mm Camry Rum-m g?p I Em ITILS Other Entity #1 Plum God- EI lacuna Prowl" 0 01cm Can- [3 Pm Ln Erica-lunatic. ?Hmr. 5an Wm Prue-n cm my and.? I-I-I- l?m- TO Rowing mica: mun-angina?? RanaDIbclnAniwd mums-1. I 312712018 9:25:53 AM 3115382 - JULIAN, ANDY 001212018 15:13:20 011-1545 Prinhd ay 51-11095 mm 10.2013 - 240 PM ?Ban Diego County Sheriff?s Debartment Follow-Up Report cam 18115185 mew-rub: E4337549 Active 4 many?: hm?: 1111151352 CA 01 - None - Non. Other Entity #2 Fun Codr Sum-a 9mm Discard cum. Floating [j sum-mi mm tum. Pinon Cod- Cuu'lly Hum-nu 4 - or 08 - Other Lay Witness - Nona 0 - None Other Entity #3 PmCodr 1] Sum Ma Diem-d my mamm? we. 1?61? Film Coa- Rumba-co - ar (Pusan) 05 Other Lay ??tness NlasiAKA Other Entity #4 Pun Cod- 30cm Prat-u Diem-rod Crim- Running Pm Llenmn-nl Gila-r Entry Cod- Ccuny Rundown. 06 Pam uncut grim Iguana-hon Run-u By Sta tatlon SH5352 - JULIAN, ANDY VISTA DETECTNES - HAYS. MATTHEW ham Due" mm nun-a nu 3127,2013 9:25:53 AM SH5352 ANDY 04?121?2013 15:13:20 v1 Punt-a By 3m: Prim-cm mama-tam San Diego County Sheriff's Debartment Follow-Up Report 6-m- 18115185 CADEMMI: Cambium Active 5 Pun-yuan Human 181151852 WY Other Entity #5 Pm Con- El enema Pun-u [j meow-d arm [3 liming Pm Lu mac-m: (?car [an ?61m Pusan Cod- Comfy R?dl?f-i - or {Mon} H- RELEASED FROM LA. Rama; Simon Iguana-anon mum a, at: tailor: 5115362 - JULIAN. ANDY VISTA DETECTIVES SH4942 - MAYS, MATTHEW Hum Dab We mum Dab 3l271201l 9:25:53 AM SH5362 - JULIAN. ANDY 04I12f201l 15:18:20 1-15-06 P??hd By 3mm P??hd' W10. 201G - 248 PM r? San Diego County Sheriff's Debartment Follow-Up Report Club 18115185 memm- 54337549 Can-mm Active 6 Pun-yum RIMM 18115135.: Other Entity? PmCodo Smut-d Puma ?lamum [j hwEriwrmIa?cu by; My Typo Pm Cod- Cum OT-Other l- Number km- Other Entity #7 Pm Cab [j Scared Ml Crin- Rnpodng Pay 1?.an Cit-c- Dmuu-II Chg-rumor. Houm By Vista Statlon 5115382 - JULIAN. ANDY VISTA DETECTNES 8114942 - HAYS. MATTHEW hurt Dull DI-cln Alum? Kin-d Dab 312772010 9:25:53 AM 5115362 - JULIAN, ANDY 0411212010 15:10:20 ?1-15-00 Prim-u By swans Pun? My 10. PM r? r? San Diego County Sheriff?s Department Follow-Up Report CHIN 18115185 mama?. emu-mum. Active 7 mmw-m WM: 13115135VidooiPhoto CD. DVD, Tape. Film. Digital storage. mm. Pr Item #41100 - Panda E: ?ash drive - dance REPORT mun um: -I L- - ?r Disposition: RF- Um Suspended. LA. i-n 1 . . Synopsis: On 3-21-18, at about 1906 hours. an unknown black male adult grabbed the buttocks of 14-year-old while she waited in line to order food inside the Panda Express restaurant at 20 Main Street. msta. The suspect never said anything and he quickly exited the restaurant after the incident. The suspect fled in a black sedan. Ramnu Orr-?r 3r.? iguana-co Plum By st: tatlon SH5382 - JULIAN. ANDY VISTA DETECTIVES SH4942 - MAYS. MATTHEW MM DII muted mum DID $270018 9:25:53 AM ANDY 04i12l2013 15:18:20 vii-1541a 8y Ems Prim W10. 2018 246 PM San Diego County Sheriff?s Department Follow-Up Report cum 10115185 in: E4837549 Guanine-non Active 8 much urn-mm 13115135.: During a follow-up. I obtained surveillance video from Panda Express. I used the surveillance video to snip images of the suspect and create a special bulletin BOL for distribution to the sheriff's e?Bn?efing and I allowed our media relations unit to release video of the Incident to local news stations. I also looked at sex registrants within the general area of the incident with negative results. This case will be suspended until further leads develop or the suspect Is identi?ed. Investigative Follow-Up: 0n 3-26-18. I received this case for follow?Up. i read the preliminary Investigation report prepared by Deputy H. Storrs #7185. I reviewed six photographs attached to the case report. Two photographs showed the teenage victim. The other four photographs were screenshots of the black male adult suspect entering Panda Express. The photographs did not show the incident. The video still needed to be collected as evidence. i received a message from the victim's mother. She asked if there was any additional information I needed from them. I called two phone numbers I had listed for- and she did not answer. i called the Panda Express_?* He said he was familiar with the incident and he did not recognize the suspect from watching the video. He? said I could come by the store after 1200 hours to review the video. A short time later,_ called me back and recommended I call their legal team to get the video. i called the Panda Express corporate phone number and was transferred to their Asset Protection (AP) employee 1 provided him with my contact information and the details about the incident. He said he would review the video and get authorization to release the video to me via an e-mail link within 24 hours. RELEASE. . Ln. Fit At about 1300 hours. I called - again. I obtained her statement. TO Statement of Reporting Party. - said her daughter was on Spring break but she was not home. I told -l had some questions for her daughter but if - knew the answers preferred that her daughter not have to re-live the case again. agreed. - confirmed - -did not know the black male sUSpect and she would not be able to identify the suspect's face If she saw him again. - goes to Panda Express or that general area a few times per month. She said her daughter did not get a good look at the suspect's face because he was behind her. believed friend was first in line and then followed by and then the suspect. The suspect got close to- -friend even noticed and made a comment. Right after that the suspect grabbed ?buttocks and ran out of the restaurant. saw the suspect drive away Honoring (xi-cor gin-ion iguana-bun Run-woo ?y sta on - JULIAN. ANDY DETECTIVES - MAYS. MATTHEW Room Dill Dutch- Aulqiod Rail-0d Date 32712018 9:25:53 AM - JULIAN. ANDY 0411212018 15:18:20 v1 1-15-06 By ?1110.201! - 2?6 PM f? San Diego County Sheriff's Department Follow-Up Report CHM 18115155 met-?Nu: E4837549 Cubism-tie? Active 9 mun 181151012 9.?.de in a black sedan. She did not know the make or model. - said Massage Envy may have video the vehicle was parked right under the Massage Envy doors where there was a surveillance camera. i asked- If told her what age the suspect was. said - told her. "He's old like my dad." - said her husband was in his mid-40's. - expressed disappointment that Panda Express did not call 911 for her daughter. The manager said he called up the corporate ladder and was told he could not call for a minor without a parent present. ?got a call from ?went to Panda Express and sailed 911 herself when she saw law enforcement was not present. -said NBC news did a story about this after they read about the incident on Facebook crime and news. A family member of posted something about the incident. -andhdid an anonymous on-camera Interview about the incident. I informed -i would be working with Panda Express and Massage Envy. I provided - with my name and phone number. At about 1400 hours. Detective J. Balderson #9490 and I drove to Panda Express to see the location of the Incident and look for video cameras outside the restaurant that may have captured the suspect entering a vehicle. I asked Detective Balderson to go to Massage Envy while i went to Panda Express. Massage Envy was the only business between Panda Express and the parking lot that had a surveillance camera outside. I met with the Manager.? He agreed to show me the surveillance video. The date stamp showed 3-21-18. At 1905 hours. I observed - and her female companion enter Panda Express through the front entrance that faces the parking lot. At 1906 and 17 seconds. the black male suspect entered the same door. At 1906 and 36 seconds. the suspect looked around and then leaned forward to extend his left arm and hand forward toward the direction of where ?was waiting In line. He then fast walked out the door to the parking lot. The video does not show-or her friend when the Incident occurred. They were Just out of camera range. I c0uid however see re?ection in the window by the front door right before the incident. it was clear ?was standing right in the area where the suspect reached his left arm and hand forward- RELEASED FROM LA. 5% TO tapering 011c- Dluuoni?lgnmuon Round By Vista tation SH5362 - JULIAN. ANDY DETECTIVES $84942 - HAYS. MATTHEW hurt 0mm Mgr-nu Rum 3i27i201 9:25:53 AM SH5302 - JULIAN. ANDY 0411212018 15:18:20 v?l 1-1506 Prinbd By 9509! My 10. 2018 - 2:46 PM {t ?Ban Diego County Sheriff's Department Follow-Up Report CHM 13115185 Active 151151353 Peptodt: said he wanted to play the video forward. The two girls stayed In line after the Incident. - pointed out both girls were laughing after the incident. it was not until they reached the register at about 1910 hours did - friend inform the cashier. about the incident. Within one minute.? arrived to the register to address their concerns. it was clear? was trying to fend off a possible complaint by the family because nobody at Panda Express called 911. ?sald both of the girls had a cellular phone in their hands and could have called 911 themselves. allowed me to take screenshots of the surveillance video. - said filled out a guest Incident report. It was dated and timed 3-21-18 at 1920 hours. stated. was in line waiting to order and a man around 40 or something grabbed my whole butt and ran out to a car and drove away.? I took photographs of the incident report. Detective Baiderson Informed me Massage Envy only has three Interior surveillance cameras. The receptionist said the rear exterior camera most likely is run by the property manager. Detective Balderson provided me a piece of paper with the name-and phone number?? to call. I noticed the door at Massage Envy had labeled above it. I called In Long Beach. She works for the property management company- stated she did not believe they had any active surveillance cameras at 20 Main Street. Vista. -said she would check with her security manager and call me back. At about 1635 hours-called back and said she confirmed they do not operate any cameras at 20 Main Street. Vista. 0n 3-27-18. I snipped images of the suspect from the video screenshots to create a special bulletin BOL in an attempt to identify the suspect. i saved the BOL on the sheriff's e-Brie?ng and e-mailed it to I called and confirmed his building is leased from - property management. ~did not know if the camera outside Massage Envy was active or not. He said the camera outside Panda Express was owned by Panda Express: not DDR. On 3-28-18. at about 1420 hours.? called me. He is the Vice President of He works for the property management company?. a. said he went to Massage Envy and continued that is a fake surveillance camera. said It is a violation for them to have fake cameras and the one there now will be removed. said the only exterior camera at the location is the one at Panda Express. i told i already reviewed that video. RELEASED ROM At 1430 hours. i called Panda Express AP - He said another AP named will be in r. touch with me about the original video. To Human Dillon Dre-mi Cinnamon Route-o By Vista Station SH5362 - JULIAN. ANDY DETECTWES 5114942 HAYS. MATTHEW Moat Dal Douala Assign-d khan-d Dab summit 9:25:53 AM JULIAN. ANDY 041121201815:13:20 Vii-154i! Prim By Pm? H10 201! - 2? PM r4 -. San Diego County Sheriff's Department Follow-Up Report Cut? 18115185 E4837549 sub-mum. Active 1 1 ?with 131151352 Fanatic?! I asked our crime analyst D. Brown to look up 290 sex registrants in the area that match the suspect description. On 3-29-18. Brown sent me a short list of possible matches. On 4-2-18. at about 1000 hours, I called Panda Express AP ?~and left a voice message about the original surveillance video. Hooked at the list of three people on probation that Brown sent to me. Only one of them remotely . resembled the suspect. It was is only. years old and the victim was sure the suspect was in his 40's. i sent a copy of my 80!. to ?probation of?cer Michelle Garner. Garner agreed he appeared similar. but she had not seen ?In some time. Garner said he was scheduled to come to her office on 4-4-18. i asked her to call me If he showed up. On 4-4-18. at about 0920 hours. Garner called me. She said ?was in the waiting room. I walked over to the probation office and met with at about 0940 hours. At ?rst appearance. did not believe this was the suspect. He looked much different than his old booking photograph. had a mustache and beard and he was much thinner than the suspect. said he was working at in Enclnitas on the date and time of the incident. He said he never went to the Panda Express in Vista. fused my digital camera to take three photographs of?. ruled out as a person-of-lnteresi. At about 1830 hours. I called Panda Express AP . again and left a voice message about the original surveillance video. i also left a voice message for AP- On 4-5-18. i asked our Crime Analyst to allow our media relations unit to release a photograph of the suspect to NBC news at the request of Assignment IEditor._ 0n 4-9-18. at about 1400 hours. AP ~_called me. He asked for my station address so he could mail me a flash drive containing all the surveillance video. i called the victim's mother to make her aware that the surveillance video of the incident would be released to the local media and she may see it on the new today or tomorrow. She thanked me for working the case and giving her a heads up. The Sheriff?s Media Relations unit released surveillance video and a Crime Steppers bulletin to the local news stations to hel us identif the sus ect. RELEASED FROM On 4-10-18. at 1500 hours. sheriff's dispatch informed me a man named to report he knows a man in similar appearance to the suspect. To imparting Cir-cu Dunc-1i agar-wan Hat-om snssez - JULIAN. ANDY agAsl?fg'fg?cmEs smsaz - MAYS. MATTHEW BM Dil- A..le Midland 3127:2010 925:5: AM sum: -JULIAN. ANDY outmm 15:11:20 P?nbd By Sims P??hd: W710. 201! - 246 PM r? San Diego County Sheriff's Department Follow-Up Report Cut? 18115185 cane-rim- E4637549 on: Diana-rim Active 1 2 12": some research on -- before calling him He has no criminal history and no history In RMS. I called - and obtained his statement. Statement of Witness. said he watched the news story about the 14-year-oid girl getting groped In Vista. He said an acquaintance of eight years named ?-iooks similar to the suspect and he drives a deep burgundy Lexus- said-hangs out frequently in said- was a good guy and he did not suspect- would do something like this. but he felt It was his civic duty to at least let me know about him. -provided me- Facebook name. i told- I would inform Crime Stoppers if this Information led to an arrest. Hooked up-Facebook account and saw numerous photographs of him. One photograph was a happy- birthda photograph. - ap ears much older than the suspect. I looked up his DMV information. date of birth lad). He is. years old. This is much older than the suspect?s 35-45 range. - is a convicted felon. but he has no arrests on ?le since 1995. His arrests were related to domestic violence. fraud and drug possession. He has no history of sex crimes. Based on the obvious age and appearance difference I am not going to interview On 4-12-13. I received a 2613 ?ash drive from Panda Express Ap_? The ?ash drive contained all the on?glnal video footage that I had already viewed at the restaurant. i submitted this ?ash drive and a CD with all the screenshots and photographs that I had taken at Panda Express. As of 4-12-18. nobody has identified the suspect or sent me information about similar cases involving the same suspect. This case will be suspended until further leads develop or the suspect is Identified. Dis position: Suspended. RELEASED FROM I IAI 1/ TO pi iupomg {villa-or: iguana-neon Round By sta tation SH5382 - JULIAN. ANDY DEIECTWES 5H4942 - HAYS. MATTHEW Dal. poi-elm Amine Rail-Hod on. I 32112018 9:25:53 AM SH5382 - JULIAN. ANDY 041121201! 15:18 :20 tin-1506 Prinbd By SW95 Prim my 10. 201! - 240 PM C, SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 288(c)(1) PC Case Number: 15185 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 2118 Page I ofl?.? 293 A THE VI I '5 ARENTS RE UEST THE NAME NOT BECOME A MATTER OF PUBLIC RECORD. THE NAMEJLND IDENTIFYNIG INFORMATION SHOULD BE REDACTED PRIOR TO CASE DISPOSITION: CLOSED BY ARREST SUSPECT INFORMATION: Name: Wilson, in, 'l?imothy Nathaniel 000: Address: Identi?cation: Phone: Employer: San Diego Sheriff's Department 9621 Ridgehauen Court San Diego, CA 92123 Rate/Rank Deputy Sheriff - Corrections Phone: 853-974-2001 CHARGES: 288(c)(1) PC- Lewd/Lascivious Acts upon 14/15 year old Minor I A TO smopns: On 3/21/18 at about 1906 hours, a 14 year old minor female, and a minor female friend. were inside the Panda Express restaurant located at 20 Main Street in the City of Vista in the County of San Diego. A black male adult, later Identified as Timothy Nathaniel Wilson, Jr. (age 32}, entered the business and groped the victim's buttocks over the clothing with his hand. Wilson fled the business on foot and got into a black colored sedan before driving away. Portions of the Incident were captured on video surveillance footage. Reporting Of?cer: D. Brannon lag WM 206i CID CAU Approved By: J. Emig GE 33.130 lDlil 2420 5212018 SAN DIEGO DEPARTMENT Follow-up Investigative Report Crlme: 288(c)(l) PC Case Number: 151 ISISS Victim: Location: 20 Main Street City: Vista Date Occurred: 21: i8 Page 2 ofi2 The case was Initially Investigated by Det. A. Julian of the Sheriff's Vista Patrol Station. Get. Julian published a wanted person fIyer (80L - Be on the lookout) and distributed It to local area law enforcement agencies, which included sworn members of the San Diego Sheriff's Department on 3/27/18. Det. Julian subsequently released video footage of the incident to the news media on 4/09/18. On 5/09/18 a Sheriff's employee reported he had viewed the video and he believed the suspect was also a Sheriff's employee. Timothy Nathaniel Wilson, ir. Sheriff's Det. M. Silva conducted additional follow~up investigation with the assistance of Sheriff?s Crime Analyst W. Buckingham. Det. Silva compared the suspect In the video footage against the employee identification photograph of Wilson. Det. Silva believed the suspect In the video was probably Wilson based on his comparison. Det. Silva also found that Wilson owns a black colored Kia sedan bearing CA license plate number_ Det. Silva further con?rmed that Wilson was working as a Corrections Deputy Sheriff at the Wsta Detention Facility until 1830 hours on 3/21/18. The Vista Detention Facility is approximately 1.3 miles from the Panda Express restaurant where the crime was committed. Det. Silva requested a audit be conducted related to this case number. In doing so, Det. Silva found that Wilson had conducted numerous inquiries in the report writing system beginning on the morning of 3/22/18 and continuing Up and through 5/09/18. Wilson had also conducted inquiries In the system utilizing his own name. his own home address and his vehicle license plate number as search parameters. I was asked to assist with this investigation on 5/10/18. I reviewed the associated reports and the video surveillance footage. i also reviewed some media coverage of the news stories related to this case. I also spoke with Det. Silva and Buckingham. I compared Wilson's employee identification photograph against the suspect In the video. I believed the suspect in the video was probably Wilson based on my comparison. On 5/16/18 I sought and obtained a search warrant (#59548), authorized by the Honorable Jacqueline Stern, to search Wilson's employee locker, his vehicle and his person for items which might further tend to identify Wilson as a suspect In this case. On 5/18/18 I sought and obtained a search warrant (#60448), authorized by the Honorable Robert Kearny, for Wilson's residence, in the City of - in the County of- Reporting Of?cer: D. Brannon lD: 206] CID CAU A rovcd By. .I. Emig lD-Tl 2420 5 21 2018 9" RELEASED FROM SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 288(c)(1) PC Case Number: l5 I 85 Victim: - Location: 20 Main Street City: Vista Date Occurred: 3 21 I8 Page 3 of i 2 On 5/18/18 at about 1200 hours Wilson was contacted at his workplace and walked out by Internal Affairs Investigators. Wilson was taken Into custody pursuant to PC 288(c)(1) by Deputy K. Bowman and Deputy P. Myers without incident. Wilson was in possession of a 5050 Field Notebook when he was contacted and arrested. The victim's home address, this case number and the charge, 288(c)(1), was written Inside the notebook. I interrogated Wilson at about 1209 hours. Wilson waived his rights and admitted to groping the minor female In this case. The basketball shoes and the sweatpants worn by Wilson during the incident were recovered during the execution of the search warrants. Wilson was transported and booked into the San Diego Central Jail. A ball Increase of $200,000.00 was requested and granted by Judge L. Lewis. Note: All recorded statements and digital media otherwise associated with this case were transferred to for evidentlary preservation. All evidence was packaged, labeled and logged Into Sheriff's Property/Evidence according to department policy. This case was assigned to me for follow-up investigation on 5/10/18. I contacted Det. M. Silva and Senior Crime Analyst W. Buckingham regarding their work on the case and I received their brie?ng. Det. Silva informed me another employee. --had reviewed the Wanted Person flyer previously published by Det. A. Julian and the surveillance video released to the media by Det. Julian. Det. Silva spoke to ?and told him that he believed the person in the video was possibly a former co- worker, Timothy Wilson, Jr. As part of Oct. Silva?s Initial investigation, he requested Buckingham put together a background packet on Wilson. As a result, Det. Silva learned that Wilson drives a black Kia sedan bearing California license plate number Wilson's home address of record with the Sheriff?s Department was listed as_ -_in the City of in the County of Det. Silva also requested that Buckingham check with Deputy R. Pouiin of the Sheriff's (report writing database) Unit to conduct an employee audit related to Wilson?s activity related to this case number (13115185). Authorized users are able to log in to their "account" In the report writing system with the click of a Reporting Of?cer: D. Brennan 206i CID CAU Approved By: J. Ernig 2420 5 2] 2018 RELEASED FROM I LA FT Case Case Audit ID :3 ?51/ RELEASED FROM 103195478 103198833 103228755 103229378 103290809 103294568 103294606 103294608 103294645 103294749 103294751 103422486 103423059 103423061 103423217 103423221 103461798 103461902 103461904 103746788 10374679 1 Audit 'I?lme Report Generated?? 012018 9:17:14 AM Station 1P 3/22/2018 6:27:08 AM 10.11.6301 3/22/2018 7:38:00 AM 10.11.6.90 3/22/2018 5:39:27 PM 10.11.4.177 3/22/2018 6:20:42 PM 10.11.4477 3/25/2018 12:55:14 PM 10.11.6.82 3/25/2018 5:17:04 PM 10.11.6.96 3/25/2018 5:19:54 PM 10.11.6.96 3/25/2018 5:19:59 PM 10.11.6.96 3/25/2018 5:23:51 PM 10.11.6.96 3/25/2018 5:33:13 PM 10.11.6.96 3/25/2018 5:33:18 PM 10.11.6.96 3/28/2018 5:22:21 PM 10.11.4208 3/28/2018 5:44:49 PM 10.11.4208 3/28/2018 5:44:54 PM 10.11.4208 3/28/2018 5:52:38 PM 10.11.4208 3/28/2018 5:52:44 PM 10.11.4208 3/29/2018 5:46:48 PM 10.11.5214 3/29/2018 5:52:12 PM 10.11.6.67 3/29/2018 5:52:19 PM 1.0.11.6.67 4/7/2018 4:46:57 AM 10.115.151 4/7/2018 4:47:10 AM 10.11.5.151 Case Audit Case activity {or Case Number 18115185. occurring after 03/17/18 at 00.00:00 and before 0! Name WILSON JR, TIMOTHY WIISON JR, TIMOTHY WILSON JR. TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WIISON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WIISON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY Personnel ARJIS No SH7602 SH7602 SH7602 SH7602 SH 7602 SH7602 SH 7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 Pr: No SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 1/4 Case Attachment Case 103959110 103959144 103959183 103959185 103959186 104386812 104463000 104463006 104804740 104959044 TO RELEASED 0M LA. FILES, Repon Generated:5!1012018 9:17:14 AM Case activnty for Case Number 18115185. occurring after 03117113 at 00.00200 and before 0: 4/1212010 5:23:57 PM 10.11.6.96 5:25:31 PM 10.11.6.96 411212018 5:27:39 PM 10.11.6.96 411212018 5:27:41 PM 10.11.6.96 5:27:45 PM 10.11.6.96 4/2572018 6:48:10 AM 10,115.84 4126/2018 5:29:25 PM 10.11.4.177 4/26/2018 5:29:29 PM 10.11.4.177 2:41:05 PM 10.11.6.67 5/9/2018 4:18:39 PM 10.11.4108 Case Audit WILSON JR, TIMOTHY WIISON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WIISON JR. TIMOTHY WIISON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY WILSON JR, TIMOTHY SH7602 SH7602 587602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 SH7602 5H7602 SH7602 SH7602 SH7602 SH7602 SH7602 214 51'10118 at 00:00:00 Code Info Set Nan?: Case Folder Case Folder Case Folder Case Files Case Folder Case Folder Case Folder MENTS Case Files Case Folder Case Folder Case Files Case Files Case Files NETRMS.USES Case Flles Case Files Case Files Case Files Case ?les Case Flies Case ?les Repon Generated:5t?lOI2018 9:17:14 AM Attachments Role V-Vmw V-Vlew V-Vlew V-Vlew V-View - View 11- View - Vlew - View - VIEW - View 5 - Search - Vlew - Search V-Vmw - Seardl - Search - View 5 - Search V-Vlew Detail Text Folder VIEW - Case No: 18115185 Folder View - Case No: 18115185 Folder View - Case No: 18115185 Viewed Case No.: 18115185 Folder View - Case No: 18115185 Folder View - Case No: 18115185 Folder View - Case No: 18115185 Viewed Attachment Name: Case #18115185 URL Folder Viewed Case No.: 18115185 Folder View Case No: 18115185 Viewed Case Report No.: 181151854 Viewed Case 18115185 CaseNo: 18115185 Case No.: 18115185 CaseNo: 18115185 Case 140.: 18115185 CaseNo: 18115185 CaseNo: 181 15185 Viewed Case No.: 18115185 CaseNo: 18115185 \newed Case No.: 18115185 CaseID: 718222 LA. TO l? any. 314 5110MB at 00:00:00 NET MEWS ET ES ES ll; RELEASED FROM Case ?les Case Folder Case ?les Case Folder Attachments Case ?les Case Files Case Folder Case ?les Case Files . Report Generated:5l'1012018 9:17:14 AM - View V-Vmw S-?amh V-VEW V-Vmw S-?mmh S-?am? V-Waw S-?mmh - Search \?ewed Case 110.: 18115185 CaseID: 718222 Folder VIEW - Case No: 181 15185 CaseNo: 18115185 Folder View - Case No: 18115185 Attachment: 3952088 80L CaseNo: 18115185 CaseNo: 18115185 Folder View - Case No: 18115185 Casello: 18115185 CaseNo: 18115185 414 SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 283(c)(1) PC Case Number: 15185 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 2i l8 Page 4 ol'iZ button, however, they are unable to log In to another person's account unless that other person had remained logged on to the Sheriffs intranet utilizing their Windows username and password. Det. Silva and Buckingham found that Wilson had begun checking the case in the morning of 3/22/18, the morning after the crime, at about 0627 hours. Wilson made multiple inquiries into the case on 3/25/18. Det.1uiian issued his Wanted Person bulletin related to this case on 3/27/18. This was lollowed by multiple inquiries into the case by Wilson. \Mlson conducted multiple inquiries into the case again on 3/28/18, 3/29/18 and again on 4/07/18. On 4/09/13 Det. Julian released video surveillance footage of the incident to the media vla Crime Stoppers and the video was aired publicly. Wilson made numerous Inquiries into the reporting system again on 4/12/13. Wilson inquired into the case again on 4/12/18. Wilson inquired into the reporting system again on 4/25/18, 4/26/18, 5/06/18, 5/09/18 and 5/10/18. These dates all coincide with dates Wilson was assigned to and working at the Sheriff's Vista Detention Facility in the City of Vista. During the course of Wilson's numerous inquiries into the reporting system, Wilson also used his own name, his home address and his vehicle's license plate number as search parameters. Det. Silva also told me he had observed the Panda Express video surveillance footage. Det. Silva compared Wilson?s employee in photograph against the person he saw in the video. Det. Silva told me he believed Wilson was the person in the surveillance video based on his comparison. Buckingham also provided me with a Wanted Person flyer that had been issued by the Carlsbad Police Department in January of 2017. The ?yer detailed two incidents of sexual battery that occurred on Pine Street in Carlsbad. The suSpect was also a black male and the suspect vehicle was also a black colored sedan. Refer to the Deputy?s Reports written by Det. Silva and the Timeline and associated documentation produced and provided by Buckingham for more detail. i reviewed the remaining associated reports and the video surveillance footage related to this case, including the original police report and Oct. Julian's follow-up report. i also reviewed various news media coverage of the incident which began the day after the crime occurred, 3/22/18. i reviewed Wilson's employee background packet that had Reporting Of?cer: D. Bremen lot: 206] CID CAU Approved By: J. Emtg lD-?i 2420 5 2i 20l8 RELEASED FR LA. Fl TO C. SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 2330:? l) l?C Case Number: 151 ISIBS Victim: - Location: 20 Main Street City: Vista Occurred: 3 21 [8 Page 5 of 12 been put together by Buckingham. i compared Wilson's employee in photograph against the video and I believed the person in the video was more likely than not Wilson based on my comparison. Both \Mlson and the suspect appeared to have similar facial features and similar receding hairlines. When i reviewed the video I observed the suspect was wearing a solid black colored t- shirt. i am a Sheriff's Deputy and black t-shirts are a required uniform item for deputy sheriffs who are assigned to uniformed positions. I saw the shoes the suspect was wearing in the video appeared to be an athletic shoe of some type; they appeared to me to be gray and black. i also saw the suspect appeared to have a tattoo on the inner right forearm and wrist area. I also noted the victim described the suspect as getting into a black colored sedan. Wilson drives a black colored Kia sedan. On 5/16/18 at about 1300 hours i drove through the parking lot at the Vista Detention Facility and observed Wilson's vehicle parked In the public parking area. I observed Wilson's vehicle parked in the same area again on 5117/18. On 5/16/18 at about 1339 hours I contacted Victoria by telephone and obtained a recorded statement from him. The following statement is a summary. Refer to the recording for more detail. Statement of Esteban Victoria: (Witness) Victoria essentially told me the following. VictOrla and Wilson have worked together in the past. They worked at San Diego Central .lall together in 2010. Victoria couldn't speci?cally recall, but he believed they worked together on the same team (same shift). Victoria first saw the bulletin published by Get. Julian a few weeks prior to his contact with Det. Silva 6/09/18]. Victoria saw the bulletin on the Sheriff's intranet webpage. Victoria attempted to view the video Surveillance footage when that was released, but the link was not working correctly and he was not able to view it. Victoria subsequently researched the crime on the internet and viewed the footage on a news website. possibly NBC. Reporting Of?cer: D. Brannon 206i CID CAU Approved By: J. Emig [D'r 2420 5 2 20l8 RELEASED FROM LA. LF SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 233(c)(1) PC Case Number: l5l l5l85 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 ll 18 Page 6 al' 12 When he viewed the footage, Victoria noticed small things that looked like Wilson. The way the suspect in the video walked reminded Victoria of Wilson. Victoria also observed the suspect In the video squint when he entered the restaurant. This also reminded Victoria of Wilson. Other things that reminded Victoria of Wilson were the suspect's physique, stature, and his hairline. The news reports also mentioned the suspect's tattoos. Victoria recalled that had tattoos on both of his arms. Victoria waited about a month to report his suspicions. Victoria viewed the video footage several more times. The more he viewed the video the more Victoria thought the suspect in the video was Wilson. Victoria texted a farmer co-worker. Deputy Maurice Womble, who he knew was currently assigned to the Vista Detention Facility with Wilson. Victoria asked Womble what kind of car Wilson was driving. Womble told Victoria Wilson drives a black sedan, like a Kia or Nissan. Victoria told Womble he was Just wondering because he saw Wilson out and about town. Victoria also noticed the suspect in the video was wearing a black t-shirt. Victoria told me that he knows most deputies wear black t-shirts with either sweatpants or shorts when arriving for and departing from work. Victoria reported his suspicions about Wilson to Bet. Stathes oi the Sheriff's Detentions investigations Unit (DIU). Victoria then received a telephone call from Oct. Silva. End ofSurnmary INVESTIGATION: (Continued) On 5/16/18 I sought and obtained a search warrant (#59548) for Wilson's assigned employee locker at the Vista Detention Facilityl his vehicle, and his person. The warrant was authorized by Judge J. Stern in Department 27. On 5/16/18 at about 1400 hours i telephoned and spoke to the victim's mother,- This call was not retarded. I asked - about the Identity of the victim's companion, who is observed In the video with the victim. - only knew the girl's first Reporting Of?cer. Brannon lDr'f 206i CID CAU Approved By: 1. [ring in 2.120 saEhEi/sSED FROM LA. FILECSC TO it SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 238(c)(1) PC Case Number: l5! Victim: - Location: 20 Main Street City: Vista Date Occurred: 3 21 I8 Page 7 of]! name.? - told me she would be able to provide me with -name and telephone number later in the day. htexted me htelephone number at about 1600 hours. On 5/15/18 at about 1925 hours telephoned and spoke to? (age .) and engaged her In a recorded conversation. I obtained the following Summarized statement from her. Refer to the recording for more detail. Statement oi- (Witness) is the victim's friend. was with the victim were walking from St. Frances church to Panda Express. They went inside the Panda Express and stood in line. -and the victim were the only two In line; there wasn't anybody next to them. ?saw a person come inside the business from the door. She didn?t really look at the person, she saw him from the corner of her eye. began looking at the food and she saw the guy going forward. - thought the guy was also looking at the food. - then saw the guy 30 really fast outside. The victim was looking out the window and she told - "Oh my God that guy just touched me." asked what guy: she was looking outside too but she couldn't tell which guy the victim was talking about. The victim told? the guy grabbed her butt with his hand and squeezed it. They told the cashier what happened and they talked to the manager about it. hsaw the guy was wearing black clothing but she didn't look at his face. believed the guy was possibly African American but she wasn't sure. did not see the suspect?s car. RELEASED FROM End ofSummary LA. i- TO Reporting Officer: D. Brennan lD= 2067 Approved By. JEmig lD?= 2420 5*2h?2013 SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 283(c)(1) PC Case Number: Victim: - Location: 20 Main Street City: Vista Date Occurred: 3 2 'l8 Page 80? 12 INVESTIGATION: (Continued) On 5/18/18 I sought and obtained a search warrant 01604-18) for Wilson's residence, - In the City of_ In the County of_ This warrant was authorized by Judge R. Kearny in Department 20. On 5/18/18 at about 1200 hours I coordinated the arrest of Wilson with investigators from the Sheriff's Internal Affairs Unit while he was working at the Vista Detention Facility. was walked out of the facility and taken into custody pursuant to 288(c)(1) PC. Wilson was handcuffed and escorted to the Vista Detective Bureau. Deputy Bowman and Deputy Myers placed Wilson in interview Room #1 and conducted a search of his person. Deputy Bowman gave me Wilson's cell phone, which was an item being sought in the ?rst search warrant (595-18). Deputy Bowman advised the phone had been In Wilson's left hand when they contacted him and handcuffed him. Deputy Bowman also provided me with Wilson's Deputy Notebook. Bowman advised the notebook had been in the right breast pocket of Wilson's uniform shirt. At about 1209 hours Bowman and Myers exited the interview room. I introduced myself to Wilson and told him i wanted to Speak to him about his activity. advised Wilson of his Miranda rights by reading them to him from my Deputy Notebook. Wilson waived his Miranda rights and I questioned him regarding this incident. Detective Malan #0027 was present for the questioning. The following statement is a summary. Wilson's Interrogation was video/audio recorded. Refer to the video/audio recording for more detail. Statement of Timothy Wilson: (Suspect) I advised Wilson of his rights and I asked him if he understood. Wilson replied, "Yes." i asked Wilson if he was willing to talk to me. Wilson answered, "Yes." Wilson told me that everybody says he looks like the guy In the Panda Express video. Wilson has seen the Panda Express video. The guy OM like Wilson, that's why he was looking at the report. Wilson said it' tF LE him. The GPS coordinates in Wilson's phone will put him at the be Reporting Of?cer: T) Brannon to: 206] CID CAU Approved By: J. Emig [Dtr' 2420 5 2] INS SAN DIEGO Follow-up Investigative Report Crime: 288(c)(1) PC Case Number: l5] 15l85 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 ll 18 Page 9 of l2 because he drives by there on the way home every day. Wilson said the GPS coordinates shouldn't put him inside the Panda Express. Wilson asked why we thought it is him. I suggested Wilson had a momentary lapse in judgement. Wilson told me that would be saying that he did it and we were going to put him away. Wilson is always stressed out. He's living with his sister, he can't afford his own place. he's a single father. Wilson's daughter will be.years old In August. Being in debt and having no money is causing Wilson stress. I asked \Mlson if he knew the girl In the Panda Express from somewhere. Wilson asked why I was still trying to say it was him. i told Wilson we were there because we knew it was him. I suggested Wilson he had a momentary lapse in judgement or that he thought the girl was older than he was. I told Wilson the situation was going to make him look like a pedophile. I suggested to Wilson we could come up with a rational explanation to mitigate the circumstances. I told Wilson I didn't want to believe he was pedophile. Wilson told me he had a momentary lapse in judgement. Wilson told me. "it's me man.? Wilson told me he didn't really know why he did it. Wilson told me he thought the girl was at least 18. Wilson told me she had tight white pants on. Wilson told me he had Just got off work. He told me this is a stressful place to work. Wilson was heading home. He saw a pretty woman; he thought she was a woman. He went in there. Wilson doesn't know why he did that. Wilson said he was going to go to the Chipotle restaurant. He saw the victim and her friend walking. Wilson saw them walk in there. Wilson went in behind them. He saw somebody that was pretty and beautiful just wanted to take a look. Wilson demonstrated with his hand how he touched the victim. Wilson said he's not a pedophile. This was a FROM and now Wilson's life is over. LA. FIL Wilson told me he would tell the girl he's sorry and it's the wrong thing :30 do If he could say anything to the victim. Wilson told me he has a. year Reporting Of?cer: D. Brannon [Dd 2061 CID CAU Approved By: J. Emig [Del 2420 5?21 20l8 SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 28302)?) PC Case Number: 15185 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 Page ll) of i2 old himself and nobody should ever do what he just did. Wilson would tell the girl he?s sorry. Wilson denied he was the person who committed the sexual batteries In the Carlsbad Police cases. This was the first and only time Wilson has done something like this. The Panda Express thing was Wilson. Wilson told me the athletic shoes he were during the incident were presently in the trunk of his car. Wilson told me the t-shirt he wore in the video was the same t-shirt he wore under his uniform that day. Wilson told me the sweatpants he wore in the Panda Express video were at his home on top the dresser Inside his closet. Wilson told me the sweatpants say "Tap Out" on them. Wilson told me he has at least 11 tattoos, including tattoos on both arms. This has been bothering Wilson. Wilson ?gured this day would come. Wilson was hoping It wouldn't. Wilson told me he had the victim's address inside his notebook because he was thinking about going over to apologize to her. Wilson denied he had been to the address already. Wilson was not going to do anything. Wilson wasn't going to sexually assault anyone Wilson wishes he never did this. Wilson's heart started pounding when he saw the news story and first learned the girl was. Wilson told me he's now a ?288er." He wrote the charge down because it is a sexual registrant. The reason Wilson went in there was because he thought the victim was a pretty girl and he wanted to take a closer look at her. Wilson has not been to the girl's home- RELEASED .OM Wilson told me he copied the videos and they were on his phone. Wilson provided me with his phone's passcode and he consented to a search of his phone. Wilson signed a Consent to Search authorization form which authorizes me to conduct a search of his phone. Wilson showed me the videos and some iiles that were contained in the phone's Gallery. The videos were not viewable but appeared to be on the phone. Reporting Of?cer: D. Brannon 2061 CID CAU Approved By. J. Emig [02 2420 5 2 2018 SAN DIEGO DEPARTMENT Follow-up investigative Report Crime: 238(c)(1) PC Case Number: 15115185 Victim: Location: 20 Main Street City: Vista Date Occurred: 3 21 18 Page 11 of12 Wilson also showed me photographs of the victim in a file entitled "White pants." i recognized the photographs as photographs associated with the law enforcement investigation. \Mlson told me he copied the pictures and the videos from End ofSummary (Continued) Det. Maian and I searched Wilson's employee locker pursuant to search warrant #595- 18. i photographed the locker room and the locker prior to the search. Det. Maian cut the padlock off the locker prior to the search. i recovered Wilson?s California driver license (dominion and control), his vehicle/house keys, and a dark gray pair of sweat pants from Wilson's locker. photographed Wilson with his uniform shirt on and without his uniform shirt on. i took photographs of the tattoos on Wilson's arms. I observed the tattoo on his right forearm appeared to be the tattoo I observed on his right arm in the video surveillance footage. Det. R. Villa and Det. D. Hutches searched Wilson's vehicle pursuant to search warrant #595-18. Det. Hutches took photographs of the vehicle prior to and during the search. Det. Villa recovered a gray colored pair of Nike brand basketball shoes from the trunk of Wilson's vehicle. Det. Villa turned the shoes over to me. I examined them and observed they appeared to be the same shoes as the shoes worn by Wilson in the video surveillance footage. Wilson was transported to the San Diego Central Jail for booking by Deputies Bowman and Myers. A bail enhancement/increase to $200,000.00 was sought and authorized by Judge Lantz Lewis. On 5/18/18 at about 1605 hours Det. Sgt. Miguel Lopez. Det. R. Villa, Det. D. Hutches, Dot. .1. Maian and I served search warrant #604-18 at Wilson's home, - - ln . knocked loudly at the front door and rang the doorbell repeatedim'ii {1 repeatedly demanded entry and stated our purpose. i used Wilson's house keyth pep.- the front door after approximately two minutes had passed. TO We entered the residence and found no one was home. The burglary alarm went off as a resuit of our entry into the home. Det. Maian contacted the Riverside County Sheriff's Reporting Of?cer: D. Brennan 206] CID CAU Approved By: Emig 2420 5 21 2018 SAN DIEGO DEPARTMENT Follow-up Investigative Report Crime: 233(c)(l) PC Case Number: I51l5l85 Victim: . Location: 20 Main Street City: Vista Date Occurred: 3 2] [8 Page 12 ole Of?ce and advised them we were serving a search warrant at the residence and that we had set off the alarm. We focused our search on the downstairs bedroom located inside the front door to the left. This bedroom appeared to belong to Wilson. I located and recovered a pair of black colored "Tap Out" sweatpants with red colored piping on top of the dresser located inside the closet. Det. Villa took photographs before. during and after the search. I left a copy of the search warrant and Receipts and Inventories for both search warrants on the kitchen counter. secured the residence by locking it with Wilson's house key. I later spoke to Wilson's sister,? - af?rmed the room we had searched was Wilson's room. -met with me at the Vista Sheriff's Station at about 2300hours and i released Wilson?s keys to her at Wilson's request. This incident was cross reported to CW5. This case is closed by arrest. EVIDENCE: Refer to the Evidence Section of the Arrest Report for details. RELATED EOR Crime Report written by Deputy H. Storrs Follow-up Report written by Get. A. Julian De puty?s Reports written by Det. M. Silva Signed Consent to Search Form Search Warrant 595-18 {sealed per court order) Search Warrant 604-18 (sealed per court order) Timeline prepared by W. Buckingham Wanted Person Bulletin prepared/issued by Det. Julian REL .ASED FROM LA. FILE 5 Reporting Of?cer: D. Brannon 206i CID CAU Approved By: LEmig [Di 2420 (L CHILD ABUSE INVESTIGATOR THE POSITION: The Child Abuse Investigator is responsible for the investigation of cases of physical abuse and sex crimes committed against children. DUTIES: Child Abuse Investigators conduct investigations of information from all sources regarding physical and sexual abuse of children within the Sherifl?s jurisdiction. They investigate reported cases of sex crimes or physical abuse against children; initiate investigations of any information received regarding such abuse; interview victims. witnesses, informants. and suspects; collect and preserve evidence; write investigative follow-up reports; coordinate the investigation with doctors and prosecuting attorneys; prepare detailed reports for presentation to the District Attomey?s of?ce for issuance of complaints: prepare af?davits for and obtain search and arrest warrants: make the appropriate return to the court of issuance; respond to law enforcement and civil emergencies; keep statistics on cases and dispositions; maintain liaison with the District Attorney's of?ce. other child abuse and service agencies: make presentations to groups and organizations. and perform other duties as directed. MINIMUM QUALIFICATIONS: One l) year patrol experience with S.D.S.D. One l) year investigative experience with S.D.S.D. GENERAL KNOWLEDGE 0F: Sheriffs Department Policy and Procedure Federal. State, County statutes, related to crimes against children Crime scene processing and evidence collection Investigative techniques lntemet crimes and digital media Current laws and opinions on search and seizure DESIRED QUALITIES: Knowledge of advanced criminal investigative techniques Above standard written and oral communication skills Ability to use computers as an information source Ability to work closely with other agencies Demonstrated ability to work well independently Superior interview and interrogation skills RELEASED FROM Crisis intervention techniques A FILE College level courses in Behavioral Sciences Bibel, Kyle From: Wilson Jr, Timothy Sent: Sunday, March 25. 2018 1:00 PM To: Subject: Emailing: Attachments: 0139JPG Your message is ready to be sent with the following ?le or link attachments: Note: To protect against computer viruses, email programs may prevent sending or receiving certain types of ?le attachments. Check your e-mall security settings to determine how attachments are handled. RELEASED FROM aw r\ Bibel, Kyle From: Wilson Jr, Timothy Sent: Sunday, March 25, 2018 1:02 PM To: Subject: Emailing: lMG_0134.jpg. IMG_0137.jpg. Attachments: IMG_0134jpg: jpg; IMG_0138jpg: 01355.jpg Your message ls ready to be sent with the following ?le or link attachments: lMG_0139.jpg IMG_0135.jpg Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of ?le attachments. Check your e-mall security settings to determine how attachments are handled. RELEASED FROM LA. LE TO l- maxi?nu Ina?2140 SEE-wane (S) Cil?-I' II . vrlfRELEASED FROM LA. FIL TO . I. v. Inga-I: -.I'l? .J .. II. I 1-..- I. I J?Ioll II-.Imh?mnmuu .-.I I. I I I. -qu-rnnmim - -. . 1! I 1 3? I- "1 I?ll: . i I human'3IFJI I. II . 'Id'JH-jfy.in' - . .I I UMMERSTIPHAM-ITI. I: I, II i I-fa?l . I.- . r' Il'lI?lni" II I '5 5? I In.21I-?p I. tr.? . II: . "h "lllli?' 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In n?-If." ?1:I'd-i- Ir" "th .IIJIIit". -- --I .llu?IIrifqz?IzII7""Iii:1. ?zju.I??In-I?jjf' II .-I ?art .-.. III'l? II I. :va ..I I 'k-lpIii??! 1?5 '11(JIII-I.I I 1 I I 13/. tritiui - r..u9? I II . I- L-ln? I I . STATE OF CALIFORNIA DEPARTMENT OF JUSTICE FIREARMS ELIGIBILITY APPLICANT APPLICATION FOR: (check appropriate box) Peace Officer Agenc? $21) DIE CO Carry Concealed Weapon CII Number/4 Cf APPLICANT INFORMATION: um So rdWhoof/als/ Name (last, ?rst; middle) Date of Birth gocial security Number SUBSEQUMWCAHON FIREARMS STATUS: El Not Prohibited Prohibited Lifetime Limited Expiration Date: C9 0a Other RELEASED FROM LA. . Analyst Date 51 2? 8/ . File; PINK?Agency Response BOF 4041 (M09) 059 09114251