BAY AREA RAPID TRANSIT POLICE DEPARTMENT
Of?ce of Internal Affairs
800 Madison Street
P.O. Box 12688

 

 




 

 

 

 

March?3, '201 5
TO: Internal Affairs File 
FROM: Lieutenant Lance Haight
SUBJECT: Administrative Investigation, IA2014-019

Involved Emnlovee:

Of?cer Deborah Erdy (Retired)

Allegations:

Truthfulness
Policy/Procedure

Date, Time and Location of Incident:

January 21, 2014, at about 1415 hours, 6450 Dougherty Road in Dublin, CA

Police Report: 1401-3215

INTERNAL AFFAIRS FILE: IA201 4-019 2 of 8

BACKGROUND

 

On January 21, 2014, at about 1403 hours, Of?cer Deborah Erdy responded to the scene of an
of?cer involved shooting, in which BART Police Sergeant Thomas Smith was fatally shot. Erdy
arrived on scene and was later tasked with following witness of?cer, Pablo Chamorro, to Dublin
Police Department. Erdy was then asked to sit with Of?cer Chamorro at Dublin PD until his
interview with Dublin PD investigators.

 

 

 

 

 

Along with four other of?cers who responded to the scene and transported involved of?cers,
Erdy was asked to write a supplemental report regarding her involvement with the witness
of?cers.

It was later discovered that Of?cer Erdy?s police report was not in agreement with an AXON
video recording from the scene. An administrative investigation was initiated regarding the
discrepancy between the video and Erdy?s report.

The Of?ce of Internal Affairs has been assigned to investigate the administrative allegations.
This investigation will focus on any policy violations with regard to truthfulness and/or
policy/procedure on the part of Of?cer Erdy. I, Lieutenant Lance Haight, have taken the
assigmnent to conduct this investigation.

INVESTIGATION STATEMENTS AND EVIDENCE
Supplemental Police Report:

All transport and escort of?cers were instructed to write a supplemental report detailing their 1 -
interaction with involved of?cers. Of?cer Erdy wrote the following narrative:

On 01/21/14 at 1403 HRS I responded to 6450 Daugherty Road #1714 in the city of Dublin
on a report of a BART Of?cer that was shot during a probation search of that residence.

Upon my arrival there were numerous Dublin P.D. units on scene. A Paramedics Plus
ambulance was leaving the location Code 3(emergency lights and sirens activated) with a
Dublin P. D. Unit following them.

I saw Of?cers Hamilton #124 and Chamarro #119 standing outside a yellow crime scene
tape outside the residence. They were standing apart ?om each other.

Sergeant LaPerle of the Dublin Police Department approached me and requested that I
follow a Dublin P.D. Unit which would transport Officer Chamorro to the Dublin P.D.
Police Station and to sit with him while he was waiting for his interview.

INTERNAL AFFAIRS FILE: IA2014-019 3 of 8

 

 

1

Of?cer Chamarro was then transported to Dublin PD, 100 Civic Piaza, in?a"Dub?lin"PiDr  
patrol vehicle which I followed.

I sat in a squad room with O?icer Chamarro, O?icer Zendejos#]46, and a Dublin
P.D..0?icer.

     

 7W en a eneerespon I I of 7 en? 
interview.

ospia;~a  

While I was present, Officer Chamarro did not discuss the probation search incident.
I stayed with O?icer Chamarro until approximately 2200 HRS.

Nothing Further.

AXON Video:

Of?cer Chamorro activated his AXON video recorder in the aftermath of the officer involved
shooting. The following segment pertains to this investigation:

At the 13:09 minute mark in the video, Of?cer Erdy walks into view. (The ambulance has
already left the scene.) Erdy approaches Chamorro and the following dialogue takes place:

Erdy: Are you in 

Chamorro: Yes, ma?am

Erdy: Oh, I?m Deborah Erdy

Chamorro: (inaudible) meet you

Erdy: What?s your name?

Chamorro: Pablo Chamorro

Erdy: Sorry you had to come to something like this.
Chamorro: We were actually we were part of it.

Erdy: Oh

Erdy disengages from Chamorro and then approaches him again at the 17:06 minute mark.
The following dialogue takes place:

 

INTERNAL AFFAIRS FILE: 4 of 8

Erdy: You look like you?re not alright; you guys [sic] need some water or

something? (Erdy was speaking Only 
Chamorro: (inaudible) Thank you though ma?am.
Erdy: Okay

 

au

a hushed tone. There are no other persons
1' i 

sat

  

After a brief 

. 

se, Erdy then begins speakin

gin
.a 

               

 

at .5 a ..

 

Erdy: Where was he shot?
Chamorro: (appears to make gestures with his hands, but his verbal response is
not audible on the recording, Erdy watches)

Erdy: The arm? (pause) Didn?t look good? Was it a detective who shot
1 him?

(Chamorro?s response is inaudible. Erdy nods her head.)

Chamorro: Maybe shock, maybe shock.

Erdy: Yeah (inaudible) by accident?
Chamorro: Yeah (inaudible)
Erdy: Sorry you had to see this on FTO

Erdy then walks out of camera View.

An ACSO deputy engages Chamorro in conversation and tells him that he is a peer support
counselor. They have a brief conversation, but they do not discuss the incident.

End of video.

 

Investigator?s Notes:

The discrepancy between Erdy?s police report and the AXON video is as follows: Erdy wrote the
following in her police report, ?While I was present, O?icer Chamarro did not discuss the
probation search incident. The AXON video shows that Erdy asked Chamorro questions about
what happened and that Chamorro responded with the above listed information.

Internal Affairs noti?ed Of?cer Erdy of the allegations against her on February 7, 2014, and she
was noti?ed of an interview scheduled for February 14, 2014. Of?cer Erdy ?led an industrial
injury claim on February 10, 2014.

 

 

 

 

INTERNAL AFFAIRS FILE: 5 of 8

 

Internal Affairs contacted Erdy through her attorney, Erich Knorr, and requested an interview

 

regarding'this invesugation. Internal Affairs Was advised that Erdy wOuld'not be aVaila'ble'for   

interview while she was on industrial injury leave. The length of Erdy?s leave was unknown at
the time.

Erdy was advised on February 28, 2014, that the investigation would be tolled pending her
release from industrial injury leave.

 

 

 

Of?cer Erdy was granted a disability retirement effective October 31, 2014. Internal Affairs
contacted attorney Knorr and requested an interview with Erdy following her retirement. Knorr

advised that Erdy would not avail herself for an interview as it would hinder her ongoing
treatment.

 

 

Subiect: Of?cer Deborah ErdV

Of?cer Erdy was not available for an interview at any point during this investigation.
Subsequently, the ?ndings of this investigation will be determined without the bene?t of a
statement from Erdy.

POLICY AND PROCEDURE:
The following policies pertain to this investigation:

Operations Rules and Procedures Manual, section 1703:
No employee shall knowingly falsify any of?cial report, or knowingly enter, or cause to
be entered, any inaccurate, false, or improper information on the books, reports, logs or
records of the District. Employees shall not withhold information, or fail to give all the
facts to those authorized to receive information regarding unusual events, accidents,
personal injuries, or rule violations.

Policy 201, General Duty Regulations and Conduct

201 .2.9 Conduct which may Result in Discipline

The following list of causes for disciplinary action constitutes a portion of the
disciplinary standards of this department. This list is not intended to cover every possible
type of misconduct and does not preclude the recommendation of disciplinary action for
speci?c action or inaction that is detrimental to ef?cient department service:

 

INTERNAL AFFAIRS FILE: IA2014-019 6 0ft?

i. The falsi?cation of any work-related records, the making of misleading entries or
statements with"the" intent to deceive, or the    
and/or mutilation of any department record, book, paper or document.

 

 

0. Criminal, dishonest, infamous or disgraceful conduct adversely affecting the
employee/employer relationship, whether on? or off-duty.

   

misleading statement on any application, examination form, or other of?cial 
document, report or form or during the course of any work?related investigation.

ad. Giving false or misleading statements, or misrepresenting or omitting material
information to a supervisor, or other person in a position of authority, in connection
with any investigation or in the reporting of any department-related business.

SUMMARY AND CONCLUSION

Of?cer Erdy responded to the scene of the of?cer involved shooting on January 21, 2015, at

 6450 Dougherty Road in Dublin, California. While on scene, Erdy asked Chamorro questions
about the incident and Chamorro replied with the information outlined in this report. Their
conversation was recorded on Chamorro?s AXON Flex video. It should be noted that Erdy asked
Chamorro the questions in a hushed tone, which appears to show that she did not want others to
hear what she was asking. It appears as though Erdy knew she should not have been discussing
the incident with Chamorro.

Erdy was instructed to write a police report regarding her interaction with involved of?cers.
Erdy wrote the following in her police report, ?While I was present, O?icer Chamarro did not
discuss the probation search incident. 

An administrative investigation was initiated regarding the accuracy and truthfulness of Erdy?s
report, due to discrepancy between her report and what was recorded on AXON Flex video.
Erdy was advised of the allegations against her and of a scheduled interview. Erdy ?led an
industrial injury claim prior to her interview, did not return to work, was granted a disability
retirement, and she did not submit to an interview with Internal Affairs.

This investigation was concluded without the bene?t of an interview of Of?cer Erdy.

INTERNAL AFFAIRS FILE: IA201 4-019

70f8

RECOMMENDATIONS

 

 

After reviewing the case and based on the preponderance of evidence, the Of?ce of Internal
Affairs make the following recommendations of ?nding:

 

As to the allegation of Policy/Procedure (documenting false information in a police report) on

the 7

Erdy wrote the following in her report, ?While I was present, O?icer Chamarro did not
discuss the probation search incident. 

The AXON video shows that Erdy asked Chamorro questions about what happened and
that Chamorro responded with information about the incident as outlined in this
investigation.

It appears as though Of?cer Erdy knowingly entered false information into her police
report.

As to the allegation of Truthfulness (the falsi?cation of any work?related records, the making of
misleading entries or statements with the intent to deceive) on the part of Of?cer Erdy, the
recommended ?nding is Sustained:

Of?cer Erdy wrote false information in her police report.

It should be noted that Erdy asked Chamorro questions about the incident in a hushed
tone, which appears to show that she did not want others to hear what she was asking.

It appears as though Erdy felt she should not have been discussing the incident with
Chamorro.

It appears as though Erdy knowingly denied discussing the incident in her police report in
an attempt to hide the fact that she had discussed the incident with Chamorro.

Because Erdy did not avail herself for an interview with Internal Affairs, she has offered
no explanation of the information in her police report. Internal Affairs has not been
presented with any information to refute that Of?cer Erdy was intentionally untruthful.

INTERNAL AFFAIRS FILE: IA2014-019

80f8

 

EXHIBITS

The following is a list of evidence as it relates to this investigation:

A. AXON Flex Video
B. Supplemental police report written by Of?cer Erdy

B. Email Correspondence

  

 

   

 

 

 

CASE DISPOSITION
EMPLOYEE ALLEGATION POLICY FINDING
Policy??rocedure .
(documenting false information in a police report) ORP 1703 suStamed
Of?cer Erdy 201 2 140)
(rented) Truthfulness 201.2. 14(0) Sustained
201.2.l4(ad)

 

 

 

 

 

Bills/1f
Date

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fieutenant Lance?aight

3W)  Wit/(5

Deputy Chief aneith Glenn-Dams Dale

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Chief Kenton W. Rainey Date