SUNRISE POLICE DEPARTMENT Anthony Rosa Chief of Police 10440 Oakland Park Sunrise, Florida 33351 (954) 764-43 57 Internal Affairs Investigative Narrative I. INTRODUCTION: Investigator: Sergeant Brian Stewart Witnesses: Of?cer Terrance Walker, Of?cer Eric Plunske. Of?cer Paul Hermann. Of?cer Rvan Biro, K9 O?icer John McEvov. Officer Jordan Pacheco, Of?cer Christopher Wrav, Detective Kevin Fernandez On March 8th, 2019, Sunrise Police Of?cers attempted contact with four male suspects in a stolen vehicle. Upon contact, all four males ?ed on foot, indifferent directions. Three of the four were taken into custody shortly thereafter, While the fourth continued running into the City of Lauderhill. jumped into a canal While ?eeing, and as The fourth male, identi?ed am a result, drowned. The drowning was witnessed by f?cers Plunske and Walker. Chief Rosa requested the Broward Sheriff?s Of?ce handle the death investigation, independent of our agency. The Sheriff?s Of?ce obliged. On or about May 15th, 2019, the Sunrise Police Department received the summary of the Sheriff Of?ce?s death investigation, which they determined was an accidental drowning. On June 18th, 2019, Chief Rosa directed me to initiate an internal investigation review of the incident as a Whole. SUNRISE POLICE DEPARTMENT Anthony Rosa. Chief of Police 10440 Oakland Park Sunrise, Florida 33351 (954) 764?4357 Internal Affairs Investigative Report Narrative II. INVESTIGATIVE NARRATIVE: On June 18, 2019, I received a memorandum from Police Chief Anthony Rosa, through Lieutenant P. Brian Katz, directing an adminiStrative review of the accidental drowning Sunrise PD case 42-1903-011371. During the week of June 24th, I requested Criminal Investigations Section Supervisor, Lt. Daniel Ransone, to provide me with all police reports and investigative documents related to the case. Over the next several days, I was provided, what Ibelieved to be, the complete case ?le. I then began to review the incident starting with Sunrise PD case 42-1903?011371 and then, Broward Sheriff?s Of?ce case 90-1903-003050. I also reviewed the police radio transmissions and crime scene photos. The following is based upon report review: On March 8th, 2019, Detective Hormann and Detective Biro were conducting surveillance of an unoccupied 2018 Lexus SUV, which had been reported stolen from the City of Plantation. The vehicle was located at the 5800 block of NW 17 Place, within the Lakeside Manor Apartment complex. - During their surveillance of the Lexus, Detective Hormann observed a white Jeep driving in the area. According to Detective Hormann?s police report, he became suspicious of the vehicle as to how it drove through the area. Hormann indicated the driver was wearing a white tank-top shirt and was not wearing a seatbelt. Shortly thereafter, Detective Hormann and Detective Biro approached the white Jeep, which had backed into a parking spot. As detectives exited their unmarked vehicles, to approach the Jeep, all occupants of the vehicle [Jeep] ?ed on foot. The following is a summary of the police dispatch recording of the incident. The time stamp noted at the end of each bullet-point below, is related to the. police dispatch recording of the incident. The moment Detective Biro said ?Bailout? is at 2:28 (2 minutes 28 seconds) of the recording. The timestamp is related to the length of the recording and does not indicate the actual time of day that the words were said 0 At approximately 5:49 pm, Detective Biro advised of the bailout over Sunrise l?D?s main channel. A foot pursuit immediately ensued. Biro said he had ?one detained?, and provided the Jeep?s tag to dispatch indicating he believed the vehicle was stolen. (2:28) i? Moments after, Detective Hormann indicated he had a second subject detained at NW 17 Place and 58th. Detective Hermann said ?they? ran eastbound toward Lauderhill and jumped a fence (3:10 a Detective Biro again asked Dispatch what the Jeep?s tag came back to. Dispatch con?rmed the vehicle had been reported stolen. (3 :23) - then said he was out with a third possible subject at NW 19 Street and 58th. He said the subject threw a shirt. (3 0 Alpha 401, Of?cer Wray, said he was out with K9-56. 52) - Of?cer Morin said he and Of?cer Williams had another subject detained at 1700 NW 58 Terrace. 0 Of?cer Walker observed a subject-running in Lauderhill at 17th and . 57 Terrace, along a canal. (4:35) -i Of?cer Plunske said, southbound 57 Terrace, behind the buildings. (5:03) 6 Both Plunske and Walker said-jumped in the canal and was swimming. (5:22) 0 Walker saic_was tired and treading water. (5:53) 0 K9-56 said to start Rescue ??subject starting to go under the water. (6:36) Asked for a rope to throw, said-was out in the middle of the canal. (6:45) . K9-56 said.went under. (6:57) July 15, 2019 I telephoned Mr. Mrs. Frank Rawlerson, who reside where the drowning occurred. I received no answer, but left a message asking that they return my call. My intent was to ask their permission to view their property and the crime scene, m, - After receiving no call back from the Rawlerson?s, Iresponded to their home with Sergeant Bates. After knocking on the front door, we were greeted by a gentleman who indicated the Rawlerson?s were not home. He suggested we try back in the afternoon. Sergeant Bates and I returned to the home at approximately 2:30 pm. We met with Mr. Rawlerson who agreed to allow us to view the crime scene on the south side of his residence. Mr. Rawlerson. walked me through a red, wooden gate to his back yard. He then began describing what he observed the day of the incident. He described two of?cers on his property and another of?cer or two on the south side of the body of water. . I then asked Mr. Rawlerson how far out swam While ?eeing from the officers. Mr. Rawlerson said he observe out midway from his seawall, to the seawall on the opposite side. Mr. Rawlerson pointed toward the southeast. Based on the Broward County Property Appraisers website measurement tool, the nearest land on the opposite side of the body of water, was roughly 180?190 feet away. This property has been identi?ed as 1681 NW 56 Terrace. Based on Mr; Rawlerson?s statement, I estimat?wam out about 100 feet from where he entered the water. This is an estimate as I do not ow the exact spot of his entry. August 6, 2019, I took a sworn, taped statement from Detective Paul Hormann. The statement was taken within the Internal Affairs of?ce. The following is a synopsis of Hormann?s statement: a On March 8, 2019, Detective Biro located a stolen Lexus SUV in the area of NW 58 Terrace and NW 17 Place. 0 Biro contacted Hormann, asking for his assistance to conduct surveillance on the. vehicle. 0 Hormann arrived not long after and parked at the southwest corner of 5801 NW 17 Place. He located the stolen Lexus and took the ?eye?. 0 During the surveillance, Hormann observed a white Jeep SUV turn westbound on NW 17 Place from NW 58 Terrace. - Hormann said the Jeep made an abrupt U-turn on 17 Place, to head back eastbound. 0 Just prior to the vehicle reaching Hormann?s position (heading right toward him), it made a northbound tum between the apartment buildings of 5801 and 5811 NW 17 Place. - 3 The Jeep drove to the back, right corner of the lot and after making multiple attempts, it backed into a parking spot. As the vehicle passed by Hormann, he said he could see that the driver was wearing a white t-shirt, and no seatbelt could be seen across his chest. A short time after, Hormann and Biro decided to approach the Jeep. Hormann drove his unmarked vehicle toward the Jeep and turned on his ?ashing police lights. He was immediately followed by Biro, who was in a separate, unmarked vehicle. As Hormann and Biro approached the Jeep, all four doors opened and all occupants ?ed on foot. Hormann said he ran after a group of the subjects northbound, and then east toward 58 Terrace. He said as they crossed over NW 58 Terrace, one of the subjects tripped and fell. Hormann was then able to detain that subject. Hormann then advised over the radio of another subject who continued running eastbound. He described the subject as wearing a white t-shirt and blue basketball shorts. Hormann said once detained, he walked the subject back to the location where the Jeep was parked and secured the area as a crime scene. Hormann said he never went to the scene of the drowning. August 7, 2019, I took Officer Ryan Biro?s sworn, taped statement. The statement was taken within the Internal Affairs of?ce. The following is a synopsis of the statement: Biro said he used publically available social media sites as an investigative tool. On March 8, 2019, Biro determined there may have been a stolen vehicle in the area of Lakeside Manor apartments. Biro responded to Lakeside Manor, located in the area of NW 17 Place and NW 58 Terrace. While conducting a search of the parking lot, Biro located a black Lexus SUV, unoccupied. He then determined the vehicle had been reported stolen. Biro then contacted Hormann to assist with conducting surveillance of the Lexus. 4 Biro said once Hormann arrived, he took over the ?main eye? of the Lexus, as his [Biro?s] vehicle was not conducive to a surveillance situation. Along with the information he gathered prior about the stolen Lexus, Biro also observed subjects on social media in a white Jeep Cherokee. So he Said, when Hormann brought it to his attention that there was a suspicious white Jeep in the area, he [Biro] had a suspicion it was also stolen. Biro said as Hormann began to approach the Jeep, he followed. Biro said as he observed Hormann open his car door to exit, he also began to exit his vehicle. He said although he did not have a clear View of the Jeep, he could see the feet of the occupants of the Jeep, begin to run from the vehicle. Biro said he quickly intercepted one of the subjects as he ?ed to the south. Biro said once his subject was secured, he continued through dispatch that the Jeep was in fact stolen. He then stood by at that location while other officers worked on locating the outstanding subjects. When asked if, prior to the incident, had he ever met- Biro said he had. He said he previously arrested-for auto theft. Biro said he had never met- any of the other three (identi?ed) individuals involved, who ?ed ?om the Jeep. August 14, 2019 - After a thorough review of: the case ?le, I developed a list of items 1 determined were missing. I sent an email to Detective Haggard and asked that he gather the following items for me: 1. Det. Cieza?Aguilar?s supplement regarding 1/2 mile measurement. Search warrant for Jeep (Coronado). Rangel?s report. Original Theft report for Jeep. Printed crime scene photos. Photos of other 3 suspects while on scene, or from that day. Carrasco?s photos of Jeep. I have since received Rangel?s investigative report, the original theft report for the Jeep and Carrasco?s crime scene photos of the Jeep. Auaust 22. .2019, I viewed th~hterview from March 8, 2019. On the video,-is observed wearing a white, short sleeve shirt, with lettering on the front. Under the white shirt, is a long sleeve camou?age shirt. He is also wearing long black pants and has a medium afro. The following is a paraphrased synopsis of the statement: During school on March 8m,? was provided information by another, unknown student, of a location to buy Cannabis. This student put-into contact with two other males, who would tak .to said location. -aid it was arranged for him to meet these subjects at the green white apartments. -aid he was The three went to the apartments and met with two other black males.id he did not know these subjects, but believed he went to Plantation Middle with one of them. He did not know their names or nicknames. ill aid the ?ve of them walked to a near?by white, 4?door car with black windows. aid he sat behind the driver- sat to his right (middle seat) and-sat behind the front passenger. The two other subjects sat inthe front seats. I-ould not describe the driver?s clothing, but said he had a short afro. -said the front passenger was wearing a black tank-top and also had short hair with twists. a -aid they drove to a location past the Swap Shop where he and?urchased Cannabis. - said they then drove directly back to the area of the apartments, where they parked the car. . Shortly after, while still seated in the car, they were approached by undercover police. said he attempted to open his door to exit, but the driver shut his door from the outside while ?eeing. ad to reopen his door to get out. As he attempted to ?ee, he was almost immediately taken into custody. .dmitted that he knew the car was stolen and that he possessed Cannabis. August 22 2019 I viewed sits; ~1nterv1ew from March 8 2019. During the observed wearing a purple short-sleeve Nike Shiit, with a white shirt underneath. He is also wearing long blue jeans and has a short afro The following 13 a paraphrased synopsis of his statement: a ?aid he met up with?and.to buy Cannabis from someone. He said they ended up meeting with two other subitects, whom he did not know. He said the subjects were associated with . at! a. - They entered a white car arid drdve to the area of Dillard, where they purchased Cannabis. *2 1? They then drove back where they were ?blitzed? by police. He said a. subject in the front seat yelled ?Buck?, and all ?ve exited the vehicle. He said he ran and was shortly after taken into custody by of?cers. 0 He said he knew the boys in the front did not have driver?s licenses, and that he knew the vehicle was stolen. although he did not know the two subjects 111 the front seat, he had seen the boy Seated 111 the front passengei seat before. He also said the subject had September 3%019, I received a copy of the Search Warrant for the Jeep from Det. Haggard. Septemb?erL 4% M019 I recelved printed, color crime scene photographs from PIP Printing Septembei 12 2019 I took Of?cer Eric Plunske? sworn, taped. statement. The statement was taken within$1e Internal Affairs of?ce. The following is a synopsis of the statement: 0 Officer Plunske said he was aware Of?cer Biro was in the area of NW 17 Place and 58 Terrace, watching a stolen vehicle. He said he was in the area of NW 60 Avenue and WOaEland Park Boulevard, preparing to head westbound, when Of?cer Biro called out the ?bail- out? over the radio. 0 He said he made a U?turn and began heading to the area to assist. When Det; Honnann indicat?id one of the suspects was running to the area of the Wimbledon Apartment complex in Lauderhill, Of?cer Plunske headed to that speci?c location. 0 Of?cer Plunske said he was just behind Of?cer Walker, who had spotted a suspect running in the area of 1700 NW 58'Avenue, in Lauderhill. He observed Of?cer Walker in foot pursuit of the suspect, and he then exited his vehicle to assist Of?cer Walker. 7 Officer Plunske said he and Of?cer Walker chased the suspect to the rear of the townhomes on NW 5 7 Terrace, where the suspect immediately jumped a wooden fence, heading southbound behind the homes. Officer Plunske said he and Of?cer Walker ran back to the front of the townhome, towards the south side. When they arrived at the corner, the suspect had emerged and crouched in front of a vehicle, that was parked in rent of 1716 NW 57 Terrace. Officer Plunske said he approached the left side of the vehicle while Officer Walker approached the right side. He said the suspect raised his arms in the air as if he was going to surrender. He said as he and Walker closed in on the suspect, while giving verbal commands, the suspect dropped his hands and began to run again. Of?cer Plunske said Of?cer Walker then attempted to Tase the suspect but missed. Of?cer Plunske said the suspect ran east, then south-east, before making a running leap into the body of water. Of?cer Plunske said the suspect began swimming at a decent pace out, using a controlled, overhand stroke. As the suspect swam, Of?cer Plunske said he and Of?cer Walker were yelling to him to ?come back?, and not to swim ?out there?. Of?cer Plunske said the suspect appeared to be a pro?cient swimmer, and was headed in a southeast direction. Of?cer. Plunske said he believed the suspect was going to be able to swim across the body of water, so he asked over the police radio to position another officer at his projected landing point. Of?cer Plunske said at the pace the suspect was swimming, he [Plunske] believed the suspect was de?nitely going to make it across to the other side. Of?cer Plunske, said at about the midway point, the suspect stopped swimming, looked at the wall (seawall) ahead of him, then back towards the of?cers, then forward again. - Of?cer Plunske said at that point, the suspect was treading water, not showing signs of a struggle. He said the suspect was keeping his head above water, with his shoulders visible. As moments passed, Of?cer Plunske said the suspect began showing signs of a struggle, trying to keep his head above water. He said the suspect then went underwater, and then quickly popped back up. Of?cer Plunske said when the suspect went under a second time, he began taking off his duty equipment, intent on going in the water to rescue the suspect. He said by the time he had taken o? his gun belt, duty vest and shoes, the suspect had gone under a ?nal time and was no longer in sight. an Officer Plunske said rescue devices were thrown towards the suspect, from both sides of the body of water, but the suspect had already gone under and could not be 86611 through the murky water. September 18, 2019. I took Of?cer Terence Walker?s sworn, taped statement. The statement was taken within the Internal Affairs of?ce. The following is a synopsis of the statement: Officer Walker said, approximately 1 hour before the onset of this incident, he saw Detective Biro at the east Police Sub?station. While in contact, Detective Biro mentioned to Walker that he would be out looking for a stolen vehicle. Moving forward to the moment Detective Biro advised ?Bailout? over the radio, Detective Walker said he was in the area of NW 60 Terrace and NW 26 Street. In response to Biro?s radio transmission, Walker said he began driving Code?3 to the area. Based on other officers? radio transmissions, Walker said he ended up in the area of NW 57 Terrace and 17 Court, in Lauderhill. 4 Walker said, while still seated in his police unit, looking east, he observed a black male peeking out from the rear corner of a townhome. Walker said he exited his unit and began running towards the suspect. Walker said he yelled to the suspect that he was Sunrise Police, and to stop running. The suspect ran south to the rear of the townhomes, jumping fences. Walker said he [Walker] ran back around to the front of the building and then south. He and Of?cer Plunske then observed the suspect hiding behind a vehicle parked in front of 1716 NW 57 Terrace. Walker said he drew his Taser and ordered the suspect to the ground. Walker said the suspect acted as if he was going to surrender, before? ?eeing again, southbound. Walker said after the suspect took 3-4 steps away, he deployed a cartridge from his Taser, which missed. Walker said he knew the Taser probes missed the suspect because he was still able to run. Walker said the suspect then dove from the seawall, directly into the body of water. Walker said he removed the cartridge from the Taser and re-holstered. He said he then dropped the used cartridge to the ground and refocused on where the suspect was. Walker said the suspect began swimming in a southeast direction, toward the opposite canal bank. Walker said the suspect swam out to about the center of the canal. Officer Walker-asked the residents of 1716 NW 57 Terrace, who had come outside, if they had a rope or something he or Officer Plunske could use to tie to themselves, so that one of them could go rescue the suspect. it Also, as the suspect was Officer Walker said he was continuously yelling for him to ?Come back?. a At some point, Walker said the suspect stopped swimming and began treading water. The suspect then went under the water and back up, 2-3 times, before ?nally staying submerged. 0 Prior to going underwater, Walker said the suspect yelled ?Help? a few times. Walker said he attempted to maintain a visual of the area that. he last saw the Strapect, so he could direct rescuers to that location. 0 Walker con?rmed, neither he nor any other officer, ever had custody of the suspect prior to him jumping into the canal. - Walker said he remained on scene while the body was recovered fr'om the waterway. 0 After concluding my taped statement with Of?cer Walker, he mentioned a few additional things I felt were important to put on the record. Therefore, we immediately went back on tape to continue the statement. The first additional thing addressed was a rumor, that Of?cer Walker kept Of?cer Plunske from entering the water. Of?cer Walker said essentially, that it was not that they did not want to enter the water, but that if they did, they had to do it safely. He did not want either himself, or Officer Plunske to become additional drowning victims. an Officer Walker also said, based on how well the suspect dove into the water and how well he was swimming, he thought the suspect was going to make it to the other side. He also felt that when the suspect stopped to tread water, that he was contemplating swimming back. 0 Walker said he was pleading with the suspect to return. Walker said he was shocked when the suspect began to struggle. September 30th. 2019, I took Of?cer John McEvoy?s sworn, taped statement. The statement was taken within the Intemal Affairs office. The following is a synopsis of the statement: Officer McEvoy said he was patrolling the eastern portion of the City when Det. Biro called out that he had a bailout. lO a - McEvoy said he traveled to the area, and when he approached the 5800 block Of NW 19 Street, he observed a black male emerge from the rear of residential homeS, running. The male appeared from the homes on the south side of NW 19 Street, heading north. McEvoy said when the subject saw him, he began waiting in the opposite direction and threw a shirt over a fence. 0 McEvoy said he contacted the subject, and shortly after, left him with two other of?cers. - McEvoy said he then responded to the area of the drowning. He said based on radio transmissions, he positioned himself at the southeast corner of the body of water and then. approached the bank on foot. He observed a suspect swimming in the center of the waterway, and very soon after, observed the suspect submerge. - McEvoy said he could only see the suspect?s head, or top portion of it, before he went completely underwater. - McEvoy said other of?cers responded and began throwing rescue discs out into the water, but he believed the suspect was too far out to reach, and he was no longer visible. October 15?, 2019, I took Of?cer Jordan Pacheco?s sworn, taped statement. The statement was taken within the Internal Affairs of?ce. The following is a synopsis of the statement: 6 Of?cer Pacheco said as he was responding to the call, he heard Of?cer McEvoy over the police radio going out with a possible suspect, and responded to back him up. - Pacheco said he and Of?cer Wray arrived at McEvoy?s location at the same time. a He said the subject was then detained and placed in the back seat of his marked unit. Pacheco described the subject as a black male, roughly 18-20 years old, heavy-set, with a short afro. - Pacheco said, while in his police unit, he obtained the subj ect?s information. The subject identi?ed himself as follows: . I determined the subject provided Of?cer Pacheco with an alias and his true name, taken ?om the Department of Juvenile Justice, is ovide his correct address. .ll 9 Of?cer Pacheco said he then read- his Miranda warnings, WhiCh he waived. Pacheco said- was unwilling to answer basic questions about the auto theft, and wOuld only say that he was just walking to a friend?s house. c' Pacheco said eventually, Detective Kevin Fernandez and Detective Carrie Norwood responded to his location and spoke with-After their interview-was released from the scene. i I asked, while detained, if -learned that someone related to the incident had drowned. Pacheco said, he did. . Pacheco said at some point, a group of bystanders approached the open, driver?s door of his marked unit and yelled back to.hat .lrowned?. - Pacheco said-aecame extremely emotional and said things like, ?My brother, I can?t believe he?s. gone, how could this happen, that?s my brother?. October 3rd, 2019. I took Of?cer Christopher Wray?s sworn, taped statement. The statement was taken within the Internal Affairs of?ce. The following is a synopsis of the statement: 0 Of?cer Wray said he backed-up K9 Of?cer McEvcy after he went outwith a subject on NW 19 Street. 0 Wray said as he arrived, he observed a black male on the ground. He said he detained the male in handcuffs and placed him in the back of his patrol car. 0 Of?cer Wray said he remained at that location for approximately an hour and a half. At that time, Of?cer Wray said he tinned the male over to Of?cer Pacheco because he was requested to go to 5801 NW 17 Place. 0- Of?cer Wray described the black male as chubby, with short hair, between 16 17 years of age, with a tattoo across his chest. 0 Of?cer Wray said atone his cousin. In Summary: Detectives Biro and Horrnann attempted contact with the occupants of a white Jeep, which they believed to be stolen. At the time, there were 5 black male occupants in the Jeep, all of whom ?ed on foot upon seeing the approaching of?cers. Of?cer Biro inmediately advised over the police radio of the bailout. 12 The 3 subjects who were in the rear seat of the Jeep, were quickly thereafter detained. They were identified as: l) who was seated behind the driver. He was taken into custody by Detec we no. 2) who was seated in the rear, middle seat, between - He was taken int 0 custody by Of?cers Morin D. Williams. 3) who was seated behind the front passenger seat. He was taken into custody by Detective Hormann. The driver and the ?ont seat passenger continued running. They scaled a fence, heading cast into Lauderhill, just as Detective Hormann took into custody. - Shortly after Detective Hermann observed the two outstanding suspects jump the fence, K-9 Of?cer McEvoy, detained a suspect identi?ed as .-threw his White t- shirt over a fence, just prior to being detained. we? of the stolen Jeep and was the suspect who scaled the fence wit After scalin the fence, north toward NW 19 Street and was intercepted by Of?cer McEvoy?eontinued running toward NW 5 7 Terrace, where he was spotted by Of?cer Walker. Of?cer Plunske joined Officer Walker in pursuing-on foot. Of?cer Walker attempted to Tase .but missed. .jumped into a large canal and quickly swam out approximately 100 feet, and ultimately drowned. Although at no time prior to his recovery, was- in the actual custody of the Sunrise Police Department, the investigation was handled as an ?in-custody? death. As such, an independent agency, namely the Broward Sheriff 5 Of?ce, was requested to handle the death investigation. Their investigation in conjunction with that of the Broward Medical Examiner?s Of?ce, concluded the death. 0* was caused by accidental drowning. Typically, this investigation would have been handled as a whole, by our agency, but because the Sheriff?s Of?ce became involved, the investigation became somewhat fragmented. This unintentionally caused some facets of the case to go by the wayside, which precipitated this review. - See Findings Disposition page for further. 13 SUNRISE POLICE DEPARTMENT Anthony Rosa Chief of Police 10440 Oakland Park Sunrise, Florida 33351 (954) 764-4357 Internal Affairs Investigative Report Narrative INVESTIGATIVE FINDINGS and DISPOSITION: The purpose of this internal, administrative review was to look at all aspects of the case, from the beginning, to the end. I analyzed all facets, concerning relative Sunrise Police Department Policies. Procedures. A secondary purpose of my review was to provide insight into areas of the incident, which were not addressed by the Sheriff Office?s investigation, as it was generally focused on the drowning. The following is a summary, with my analysis: Detectives Biro and Hormann, at the time of this incident, were assigned to the Strategic Investigations Section. A key part of their job duties was to focus on the crimes of Burglary and Auto Theft. While monitoring publically accessible social media sites, Detective Biro believed a stolen black Lexus was in the area of the 1700 block of NW 58 Terrace, in the City of Sunrise. The Lexus had previously been reported stolen from the City of Plantation. The Lexus was in fact located in said area by Detective Biro. While surveilling the Lexus, Detective Hormann set up in the area to assist Detective Biro. During said surveillance, Detective Hormann observed, what he believed to be, a second, occupied stolen vehicle. The vehicle was identi?ed as a white Jeep Grand Cherokee, which had been stolen from the City of Parkland, during the early captured on surveillance video. In the video, the Jeep was seen being driven away from the victim?s home, accompanied by a small, dark SUV. The suspects could not be identi?ed in the video, and it is unclear if the dark SUV is the black Lexus involved in this investigation. Based on my review of the facts, I determined Detectives Biro and Hormann had legal basis to conduct a traf?c stop on the white Jeep for aseatbelt violation. Coupled with said violation, the detectives had reason to believe the vehicle was stolen. Crime scene photos prove the driver of the Jeep was not wearing a seatbelt, as the belt is seen buckled across the seat in the photographs. This would indicate the driver was sitting on the belt, rather than wearing it. Upon approaching the Jeep, both detectives were 1 . dressed in a way that clearly identi?ed them as police of?cers. in addition, Detective Hermann utilized his emergency police lights, which were visible to the suspects. As detectives approached the Jeep, 5 occupants ?ed on foot. At the moment they fled, Detective Biro immediately advised ?Bailout? over the police radio. He then indicated he had ?one detained? and provided the eep?s tag number to the dispatcher. He also indicated he believed the vehicle was stolen. Detective Biro had taken ?int0 custody. 6' Approximately 30 seconds later, Detective Hormann advised dispatch he had a second suspect in custody. He had taken ~nto custody. 0 Approximately 2.0 seconds later, Detective Biro asked dispatch What the Jeep?s tag came back to. Dispatch con?rmed the Jeep had been reported stolen. 0 Detective Hormann then provided a description of the driver of the stolen Jeep, who continued running eastbound towards Lauderhill. He said the subject was wearing a white tank-top and blue basketball shorts. *3 Thus far, it is clear Detectives Horinaim and Biro acted properly and had legal basis to stop the Jeep. As the suspects ?ed, Detective Biro had his suspicion con?rmed, that the vehicle was in fact stolen. The outstanding suspects, and those already in custody, were now being sought for Felony Grand Theft ~Auto. . Of?cer Walker then observed~running on the Lauderhill side. This was also con?rmed by Officer Plunske. - After a. brief foot pursuit-umped into a body of tester and swam out (southeast) a distance estimated to be +/-100 feet. . 0 Prior to - entering the water, Of?cer Walker attempted to Tase him. The investigation conducted by the Broward Sheriff?s Of?ce, and the investigation conducted by the Medical Examiner?s Office, determined the Taser probes never made contact with- Physical evidence on the scene indicated the Taser was deployed prior to- reaching the water. There is no evidence, whatsoever, that Of?cer Walker attempted to Tase?while in the water. As stated, the on?scene, physical evidence proves otherwise. Q. I determined Of?cer Walker was in compliance with our Force Guidelines, which provide a framework for making decisions involving the reasonable use of force by criminal justice o?icers. The structure of the Force Guidelines is based on constitutional considerations and case law and describes appropriate decision making 2 in a ?uid and dynamic situation. The Guidelines consider the relationship between subject resistance and various situational factors in determining the o?zcer?s response options. 9 After running from police. of?cers for approximately ?2 mile, and then swimming approximately 100 feet out, into a large body of water, - was apparently exhausted and went under water. Aftetuubmerged, officers began throwing rescue devices into the water, which were ineffective. Not only hadulready gone underwater and out of sighttheir reach. a - was ultimately removed from the water by Fire Rescue Divers, and was subsequently pronounced deceased. Going back to the moment the suspects ?ed from the Jeep, there was confusion as to how many suspects actually occupied it. In the police reports, there are references to 4 suspects. Based on my review of the investigation, I determined there were in fact 5. There was also reference to-being the driver of the Jeep, and detennined.was actually seated in the front passenger seat, prior to the bailout. This is based mostly on the statements of -and? They both said they did not know the driver or front-seat passenger in the Jeep, and that they were put into contact with them that day, through a third party, solely for the purpose of buying cannabis. They both described the driver as having a short afro, with a stocky build and the front passenger as having short hair with 31%. Crime scene photographs show-lad short hair with twists. Now, very soon after, Detective Hermann saw a suspect jumping a fence into Lauderhill. He actually said, ?They ran eastbound, towards Lauderhill?, indicating there was more than one. He described one suspect as the ?driver?, wearing. a white tank top and blue basketball shorts. It is my opinion that, at that moment, Detective Hormann believed that subject was and this is where some confusion originated. I believe the suspect with the blue basketball shorts was the driver, and is the subject who was detained by K9 Of?cer McEvoy, Of?cer Pacheco and Of?cer Wray. He was identi?ed by Of?cer Pacheco as . had discarded a t-shirt moments prior to his contact with o?icers, and he had a stocky build. Again, based on the confusion as to how many suspects ?ed ?tom the stolen Jeep, in conjunction with the Sheriff?s Of?ce taking. over the investigation, -was ultimately released. Detective Hormann initially believed there were four suspects involved, an- would have been a 5th, when including~ In any event, he was erroneously released. It should also be noted that while-was detained in Of?cer Pacheco?s marked unit, people known to him, began gathering around the police vehicle, seeing he was inside. At one point, someone yelled to At that time, according? to Of?cer Pacheco?s sworn statement, Harrington became visibly distraught, saying. was his ?brother?. This also provides some insight as to how ?mother, Teqwla [Tequila] Waters, arrived on scene shortly after the incident occurred. It is reasonable to suggest someone who knew- made contact with Ms. Waters. When BSO Detective Jim Hayes made contact with Ms. Waters on the scene, she said: saw him in that car earlier in the day and I knew something was up?. It can be reasonably assumed she was referring to seeing. in the stolen Jeep. Ms. Waters then refused to speak with Detective Hayes any further. I have determined these issues were based on genuine confusion, during a very fast-paced, hectic situation. There is absolutely no evidence of nefarious or improper intent on the part of the of?cers. It should also be noted that Detective Hermann was the only of?cer who actually observed the suspects ?ee from the Jeep. It is apparent, that up until the conclusion of my interview with Detective Hormann, he believed the subject who he observed, in the white tank- top, in the driver?s seat of the Jeep, and then later scaling the fence into the City of Lauderhill, was At the completion of the interview, Detective I-Iormaim was shocked when I explained to him that the subject with the white tank-top and blue basketball shorts, was no- Specifically related to the drowning, I identified Officers Walker and Plunske being at the location where .entered the water. Both Walker and Plunslce were yelling for 0 return to them, as -quickly swam southeast. The of?cers felt, based on: swimming abilities, he would easily make his way to the opposite side of the waterway. When reached the midway mark of the waterway, he began treading water. At about this time, Officer McEvoy arrived on the southeast corner of the waterway. Of?cer Plunske began removing his police equipment with the intent of entering the water. Of?cer Walker asked Mr. Rawlerson for a rope, as he planned for a rescue. The of?cers relayed over the police radio, in real-time, exactly what was transp?iring. Fire Rescue and dive teams were requested multiple times and of?cers threw rescue devices towards locationreach. After-went underwater, he was no longer Vlsible. He did not resurface and was ultimately recovered by Fire Rescue Divers. Based on the facts, I determined the of?cers made the grim, yet indisputably correct decision, not to enter the water. It is clear, if they had, they would have put their own lives in peril. They acted in' accordance with department policy O?icersshall respond to the aid of all, persons-in danger-r-unless- the- . - probability of losing their own life exceeds the probability ofsuccessful rescue.- Members are expected to summon proper assistance as applicable. IV CONCLUSION: knowingly and willfully ?ed from officers. While ?eeing, he decided to enter a waterway, where, based solely on his actions, became a drowning victim. My investigation revealed no wrongdoing on the part of any, involved Sunrise Police of?cers. I have no doubt, that if the officers on the scene of the drowning could have safely rescued~with0ut putting their own lives in grave danger, they would have. This review will be assi?ed as: Closed Date {a in Date ?ll/C l: .A Sean Duality Chief of Police Date Anthony W. Rosa, Chief of Police Date