Aurora Police Department Internal Affairs Case 2020-25 1 ALLEGATIONS 2 INVESTIGATION 3 INVESTIGATOR SYNOPSIS 4 SPECIFICATION OF CHARGES AND FINDINGS 5. DISCIPLINE HISTORY CIVIL SERVICE ACKNOWLEDGEMENT SUMMARY OF EVIDENCE FINAL DISCIPLINARY ORDER OR FINAL ACTION IAB #20-25 1. ALLEGATIONS 1. Officer Jason Rosenblatt There are allegations that in March of 2020 Officer Rosenblatt received text messages and/or photographs depicting unprofessional conduct by members of the Aurora Police Department and failed to notify a supervisor. If this allegation is proven, Officer Rosenblatt could be in violation or APD Directive 14.2.1 Conduct Unbecoming. 2. Officer Nathan Woodvard There are allegations that in approximately March of 2020 Officer Woodyard may have had knowledge of or been involved with text messages and/or photographs depicting unprofessional conduct by members of the Aurora Police Department and failed to notify a supervisor. If this allegation is proven, Officer Woodyard could be in violation or APD Directive 14.2.1 Conduct Unbecoming. 3. Officer Kvle Dittrich There are allegations that in 2019 in the 1700-1900 block of Billings Street, while on- duty, Officer Dittrich was involved with other members of the Aurora Police Department in the taking of a selfie photograph at the memorial for Elijah McClain. If this allegation is proven, Officer Dittrich could be in violation or APD Directive 14.2.1 Conduct Unbecoming. 4. Officer Jaron Jones There are allegations that in 2019 in the 1700-1900 block of Billings Street, while on- duty, Officer Jones was involved with other members of the Aurora Police Department in the taking of a selfie photograph at the memorial for Elijah McClain. If this allegation is proven, Officer Jones could be in violation or APD Directive 14.2.1 Conduct Unbecoming. IAB #20-25 5. Officer Erica Marrero There are allegations that in 2019 in the 1700-1900 block of Billings Street, while on- duty, Officer Marrero was involved with other members of the Aurora Police Department in the taking of a selfie photograph at the memorial for Elijah McClain. If this allegation is proven, Officer Marrero could be in violation or APD Directive 14.2.1 Conduct Unbecoming. 6. 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. IAB #20-25 2. INVESTIGATION June 25, 2020 1430 hours (Agent Tom Sobieski) and IAB Sergeant Chris Cruser were briefed of an internal complaint by IAB Commander Marcus Dudley and Lieutenant Cassidee Carlson that was just received by the chief?s office. In summary we were told that earlier this day, Officer had announced at a FOP board meeting that he was told by Officer Jason Rosenblatt that he had received photos showing Aurora Police Officers Nathan Woodyard, Kyle Dittrich, and Erica Marrero at Elijah McClain's gravesite and that they were drinking alcohol. We were told Officer Sergeant Marc Sears and Officer Mike lovine then went to District 3 where Officer Rosenblatt was working and asked him about the photos, and he denied it, asking where they had gotten that information. Further we were told Sergeant Sears had been instructed to author a memorandum by the chief's office. We were told the investigation was to start immediately. 1440 hours I called Sergeant Sears and requested that he respond to the IAB for a witness interview. Officer was with Sergeant Sears and responded as well. Both were given witness memorandums upon their arrival at the IAB. 1508 hours Sergeant Marc Sears was interviewed as a witness in Internal Affairs. The interview was recorded this is only a summary. Sergeant Sears was asked to describe what happened at the FOP board meeting on this date. He said the meeting started at 1000 hours on the third floor of District 2. He advised that Mike lovine, James Benedict, Jad Lanigan, William Revelle, Ralph Knight, Aaron Gallagher, Elizabeth McKlem, Stephanie Kerns, and Cody Lanier and his approximately 4-year-old daughter were present for this meeting. IAB #20-25 Investigator note: Sergeant Sears wrote down these names on a sheet of paper. This list was put into the investigative folder of this case. Sergeant Sears said the meeting was not recorded and that he was off duty at the time. Sergeant Sears was advised what was understood was that during this meeting some information came to light that caused him some concern. He said they were getting ready to conclude the meeting when Officer said he had some information that he wanted to bring to their attention. Sergeant Sears said that Officer said that he was at a social engagement with Officer Rosenblatt when he said that he needed to tell him something. Sergeant Sears said he believed Rosenblatt was one of the officers involved in the Elijah McClain incident. Sergeant Sears said that Officer told them that Officer Rosenblatt told him that he had received an unannounced text message via his phone with some pictures of some of our officers who were around Elijah McClain?s gravesite. He said Officer said the way Rosenblatt explained it was more of a jovial sense, they were poking fun and joking and laughing. Sergeant Sears said he asked Officer if he had seen any of the pictures and he said he did not. Sergeant Sears said this raised huge concern for him and he went and talked to Bill Revelle about how they were going to address the situation. He said Officer Rosenblatt was not a FOP member. Sergeant Sears said the consensus was that this had to be brought to the attention of the command. He said Officer contacted Rosenblatt who was down in District 3 and asked him if he could meet with them and that it was an important matter that they needed to discuss with him. Sergeant Sears said told him Rosenblatt was not able to leave District 3 because his sergeant was on vacation but if they could meet with him down there, he would be ok with that. He said he was not sure who Rosenblatt agreed to meet with. Sergeant Sears said he thought it was important for him to go down there so he went with He said Officer lovine went as well. He said they then all met with Officer Rosenblatt in his office in District 3. IAB #20-25 Sergeant Sears said this meeting took place in Officer Rosenblatt?s office and behind closed doors. He said Officer started explaining why they were there, and Flosenblatt asked how he had found out about this. He recalled telling Rosenblatt that he had told him about this, and Rosenblatt denied telling him. Sergeant Sears said it was his impression that Officer Rosenblatt became very defensive and heard Officer tell him that they were there to help and are trying to figure out what was going on. He said Rosenblatt got more defensive and was shutting down so he told him it was not his fault that he received a text message, but it was important what the content of those text messages were. He said he explained to Rosenblatt that if the allegations are true that they deal with them appropriately. He said he heard Officer lovine tell Rosenblatt that these were very serious allegations and they needed to get out in front of it. He said he never heard Officer lovine raise his voice, he was just explaining the situation. Sergeant Sears said he then got an unrelated phone call from Deputy Chief Glidden and stepped out of the office. He said, while on the phone, he observed Officer and Officer lovine come out of the office and go into the main hallway of District 3. He said he went and started talking with Officers and lovine and they were trying to meet with Officer Judy Lutkin because he knew she is the president of the labor organization that Rosenblatt belongs to. He said he then saw Officer Lutkin in the hallway and then saw Officer Rosenblatt approach Officer Lutkin and asked her if he could speak with her prior to talking to them. He said Officer Lutkin and Rosenblatt then left the hallway. Sergeant Sears said Officer was upset with Rosenblatt who he said had lied to them. He said he then called Interim Chief Wilson and told her that there were serious allegations that they needed to discuss. He said he gave Chief Wilson a very brief overview of the allegations. He said Chief Wilson then requested that he call Deputy Chief Glidden and have Division Chief Parker on the phone call as well. He said a short time later he spoke with Deputy Chief Glidden and Division Chief Parker and explained the incident to them in the same detail he had explained to us. While he was on the phone, he observed Officer Lutkin come and speak with Officer and lovine. He said he could not hear this conversation. He said he was told by and lovine that Officer Lutkin told them it was not illegal to be at a gravesite. He said he was a ?little taken aback? by that statement. IAB #20-25 Sergeant Sears said that Deputy Chief Glidden requested to get something from him in writing about this incident. After he left District 3, he said he received a call from Division Chief Parker who asked him if he was still at District 3 and he told him he was not. He said he was told by Division Chief Parker that Officer Lutkin was talking to the District 3 Watch Commander Lieutenant McKinney and there were comments about them being down there and conducting business. He said that he told Chief Parker that they had already left. Sergeant Sears said he then went to the chief?s office and used a computer at one of the secretary?s desk and generated an email to Chief Parker, Chief Glidden and Interim Chief Wilson. Sergeant Sears said he saw Lieutenant Carlson leaving the chiefs office area and she told him he was going to need to be called in as a witness. Investigator note: Prior to the interview Sergeant Sears was requested to fonNard the email to myself and Sergeant Cruser. A copy of the email is in the Investigative Documents folder. Sergeant Sears said he got down to District 3 at approximately 12:30 pm. He said he did not record the meeting with Officer Rosenblatt and did not believe that anyone else did. Sergeant Sears specifically remembered Officer Rosenblatt saying, ?How did you find out about this? and that he denied telling Officer about it. He said Rosenblatt did not deny getting the actual pictures. Sergeant Sears said he heard Officer Rosenblatt state that he had erased those pictures from his phone. He said Officer Rosenblatt was told how serious this would be if it got out and Rosenblatt was asking well how would it get out? He said Officer Rosenblatt used some technological term on how he erased the photos. Sergeant Sears said he could not say if Officer Rosenblatt had lied or if he had forgot he told about this. He said Rosenblatt was downplaying it like this wasn?t that big of a deal. He said the meeting with Rosenblatt lasted a total of 10 minutes at the most. He said he never heard any yelling or screaming during this meeting and when he took the phone call was 10 feet away from the door. He said Officer Lutkin said that IAB #20-25 Rosenblatt said that Officer lovine had his fist clenched and he was standing over his desk yelling at him and he said that never happened when he was there at all. Sergeant Cruser asked Sergeant Sears if he knew when received the information from Rosenblatt but the way he understood it, the gravesite pictures were taken before the incident in Minneapolis. Sergeant Sears said he was not in uniform when he went to D3 but was on duty. He said he did not know if Officer Rosenblatt knows him or knows he is a sergeant and he did not recall introducing himself. He said he himself did not ask Rosenblatt any questions. Sergeant Sears said he told Officer lovine and prior to the meeting with Rosenblatt that he was not going to ask any questions or do any type of an investigation because he remembered there was a Preservation of Evidence letter that was issued to the officers involved in Elijah McClain and knew Rosenblatt was one of those officers and this could potentially be criminal. He said nobody else mentioned the Preservation Le?en Sergeant Sears said that Officer told him that he was told by Rosenblatt that Kyle Dittrich and Officers Woodyard and Marrero were in the photos. He said he was not told what the photo showed or how many photos there were. Sergeant Sears said told him he did not see the photos. Sergeant Sears said Officer did not tell him if Officer Rosenblatt told him who sent the photos to him. He said the way it was explained to him by that it was part of a group chat with numerous people. He felt that most or all the people in the board meeting heard the information provided by Officer Sergeant Sears was reminded to stress confidentiality to his board members. 1601 hours Officer was interviewed as a witness in Internal Affairs. The interview was recorded this is only a summary. Officer said earlier this day while in a FOP board meeting at District 2 he told the board that he had some information pertaining to Elijah McClain and some pictures that were allegedly sent to a friend of his. IAB #20-25 He said he learned of this information at a social gathering at a friend's house but could not remember exactly when. He said the information was concerning to him and it took him a long time to cope with it and see what he wanted to do. He said he did not know who else knew about this information or if anyone else was going to come fonNard. After speaking extensively with his wife about this information he decided he was going to talk to Sergeant Sears about it and let him know. Officer said the social gathering he was talking about was at Kathrine Lewis' house and this was after the bid change, possibly in March. Officer said the person who gave him this information was Officer Jason Rosenblatt. He said this gathering was sort of a dinner party with drinking. He said this conversation came up about the time they were talking about getting a subpoena for Officer Rosenblatt's cell phone. He said Officer Rosenblatt was voicing some concerns about his cell phone and they were having a conversation about that. Officer said he asked Officer Rosenblatt what he was so concerned about and he mentioned that he had been sent these pictures in a group text message. He said Officer Rosenblatt told him that some officers had sent him pictures from Elijah McClain's gravesite. He said he didn?t remember the exact conversation what he remembered was Officer Rosenblatt told him the pictures showed them drinking and taking selfies hanging out at the grave in a joking manner. Officer said that he had not seen the pictures and that Officer Rosenblatt told him that he had deleted them. Officer said Officer Rosenblatt told him that Erica Marrero, Dittrich and Woodyard were in the photos. He said that he did not know what Rosenblatt?s phone number was and had deleted it from his contacts. He did say that it had a area code possibly . He said Rosenblatt changed his phone number yesterday because someone told him his phone number got leaked about the Elijah McClain case. He said he was not sure if anyone else heard this conversation. He said neither himself or Officer Rosenblatt were intoxicated when they had this conversation and said this was at the very beginning of the night. He said he did not know if or who else Rosenblatt had told about this. He said he had talked to Katie Lewis and Kayla Matous IAB #20-25 about this along with Rosenblatt. He said he has not talked with Rosenblatt about this since. He said when the Elijah McClain incident happened, he reached out to Rosenblatt as a friend and they went to dinner and described their relationship as friends. He said Rosenblatt was concerned about the photos and gave him no indication that he was in any of the photos. He said his interpretation of the conversation was that Rosenblatt was shocked that they would even do anything like this. He said Rosenblatt did not say anything about telling anyone on the police department about what happened. Officer said that he was in shock with this information and he thought who would do that and that it was disgusting, and it took a long time for him to process it calling it shocking. He said it they did do this he can't work with people like that and that they don?t deserve to be in this profession. He said regardless of what crime anyone ever committed a death is a death and a human life is a human life and it should all be respected. He said Rosenblatt did not indicate how many photos he had received or if he said photos plural or if there was only one with them all in it, he just remembered him saying it was sent in a group text message. He did not remember him saying who was in the group. Officer was asked why he did not come forward before now and he said, ?It?s a shitty situation to be in, the last thing you want to do is affect someone ?s livelihood, affect their family life.? He said he understands by doing this it will negatively impact him for sure and will affect his reputation. He said he knew it was the right thing to do and that he had to do it, it just took him a long time to build up the courage. He said he thought everyone at the FOP meeting heard what he said. He was not sure at the time who knew about this information or if everyone knew about it already. Officer said he called Officer Rosenblatt and told him that there was something important that he really needed to talk to him about. He said Rosenblatt told him that he could not leave DB because he was busy. He said that he rode to DB with Sergeant Sears and Mike lovine drove himself and they met in the office Rosenblatt was working out of. IAB #20-25 He said his intent by going to D3 was to have Rosenblatt go with him to the chief or say that yeah, we need to fix this. He said it was a collective discussion for them to go to D3. He said he wanted to protect Rosenblatt because he did not think he was at fault for this because he received a text message. Officer said when they got to D3 he told Rosenblatt that there were pictures that he talked about. said he told Rosenblatt that if the pictures got out that would be detrimental not only to the police department, the citizens but police officers because people could literally die over this. He said Rosenblatt responded by saying that he did remember them having a conversation about it. Officer said Rosenblatt accused him of being the one asking about the photos. He said he had no knowledge of it until Rosenblatt mentioned it. He said the conversation at District 3 started with APA and FOP and legal defense and what should he do. He said Rosenblatt was concerned about what was going on. He said Rosenblatt never admitted having the conversations the way he described it. He said Ftosenblatt was asking him how these pictures would get out, it was a group text message, how would they ever be leaked to anyone. Officer said at this point Officer lovine got angry and told Rosenblatt that he had a family he has to protect, and he has had friends die in New York over similar incidents and he would appreciate it if they could get something figured out here. He said that Sergeant Sears got a phone call and left. then asked Officer lovine to leave because he got really upset. He said he told Rosenblatt that he was there to help him take care of this that it was a lot bigger than just him, that it was huge. He said Rosenblatt kept saying that he did nothing wrong and he told him that he agreed with him. He said Rosenblatt told him he thought he should call the APA Reps. and he told him please go call them. He said he told Rosenblatt that he was there as his friend and nothing else. He said that he then walked out of the room and that was the last time he talked to him. He said they then ran into Officer Lutkin in DB coming out of the bathroom and they told her she needed to talk to Rosenblatt. He said she then came back and started questioning him about why he didn't say something, and he explained it to her, and she made the statement that it was not criminal for someone to go to a gravesite. IAB #20-25 Officer thought they got down to D3 at approximately 1240 hours. He said it appeared to him that Officer lovine was maybe frustrated or not even frustrated but scared. He said during the conversation at D3 Rosenblatt said, ?Yes [got the pictures in a group text and I deleted them as soon as I got them. Officer said Fiosenblatt also said that he did not know who was in the pictures or who was in the group chat at which time he told him he was lying and to stop lying. He said Rosenblatt knows who was in the pictures and who was in the group chat stating that is something you just don?t forget. He said that they then left DB and went to the chief?s office and Sergeant Sears drafted an email, which he read. He said he did not author an email. He said himself and Sergeant Sears then responded to lntemal Affairs. Investigator note: Lieutenant Carlson called all the subject member officers and requested they respond to the IAB to be interviewed in reference to a complaint involving text messages. Lieutenant Carlson requested that they bring their cell phones and after information was learned, more specifically the phone they had in September and October of 2019. Lieutenant Carlson emailed each subject member an IAB memo with the allegation of 14.2.1 Conduct Unbecoming. The subject members were each issued more specific NOl?s prior to being interviewed. Each subject member had an Observer and reviewed the Directives stated in the memorandum prior to being interviewed. 1742 hours Officer Jason Rosenblatt was interviewed in Internal Affairs. The interview was recorded this is only a summary. Also present for the interview was IAB Sergeant Chris Cruser and Officer Joe Cornell as an Observer. At the beginning of the interview prior to being asked any questions Officer Rosenblatt wished to make a statement and wanted to put on the record that over the past couple of days he has only gotten 4-5 hours of sleep stating this was a very stressful and emotional time right now. IAB #20-25 It was explained to Officer Rosenblatt that it was alleged he received text messages or photographs around March that depicted unprofessional conduct by members of the Aurora Police Department' When asked if that occurred and he said, ?Yes sir.? He said he could not remember when it was, but he received a text message with a photo in it and he replied to it and that was basically it. When asked who the text message was from, he said it was from a number that he did not know and that he did not save. He said he no longer had the text message or the photo saying it was deleted. He said that he still had the phone he received the text message on and had it with him. Officer Rosenblatt said he thought he received the text photo this year but was not sure. He remembered it was cold when he received it but was really bad with dates and could not narrow it down. He said his phone number was . He was asked again who sent him the text and he said he did not know that he honestly does not remember but he thought it was an officerfrom this department. He said he honestly could not remember who it was. He said there was no text in the message, it was just a photo. Officer Rosenblatt said he saw it and the photo made him very anxious and very uncomfortable and he just wanted it to go away. He was asked a third time who the text was from and again he said he did not know and said that was the honest truth. He said the photo was taken at the memorial for Elijah McClain as he recognized the lights on the west side of Billings Street. He said there were three officers in the photo and it was a selfie. He said it was nighttime when the photo was taken. He said he did not remember if the trees were blooming or anything to identify the time of year the photo was taken. When asked who was in the photo he said, "Romero I think her name is, a female officer, Kyle Dittrich was in the photo [believe and Jaron Jones. He said he thought Romero's first name was "Alisha. He said he thought that was her name. Officer Rosenblatt said he could not tell who was holding the phone but thought it was a selfie. He said all three were looking at the camera. He said he knew these people and had worked around them. He said you could see the memorial in the background and was not sure where they were standing to take the photo. He said he recognized where the photo was taken. He said all three were in uniform. He said the photo made him uncomfortable, but he could not remember what everyone was doing in the photo saying that he did not stare at it. IAB #20-25 Officer Rosenblatt was asked in his opinion if the officers in the photo were grieving or making fun of Elijah McClain and he said he did not want to give his opinion. He said the photo made him uncomfortable because this incident was so fresh in his mind. He said this keeps being brought up and he just wants it to go away. He said he did not know what the intentions were of the officers in the photo. Officer Rosenblatt said he replied to the photo with, "ha ha.? He was asked what "ha ha" meant to him and he said, "People that know me know that I have a nervous laugh andl wanted to give something short and concise and not engage in anyway and just let them know and kind of just be done with it. He said if you give a short response you sort of close yourself down in the discussion a little bit and hopefully more stuff like this wouldn't come. He said that he did not believe he got any response back. He thought that the text was only to him and not a group. Officer Rosenblatt was asked why he deleted the photo and he said that his phone had an automatic 30 day delete setting. He said he did not intentionally delete it; the phone setting did. He said he did not save the photo he just left it in the text string. He felt there was a high probability that it was one of the three officers in the photo that had sent it to him. Officer Rosenblatt said he was willing to give us his phone voluntarily to look for the photograph and the text. He said he has been by the Elijah McClain memorial saying he worked in D2 so he drove by it all the time. He said he has never taken any pictures of the memorial and that he had never taken any pictures from there. Sergeant Cruser asked Officer Rosenblatt to clarify the names of who was in the picture stating that he seemed a bit unsure about Romero. He said he was sure it was Kyle Dittrich and Jaron Jones and he was "pretty sure? about Romero. Sergeant Cruser then opened APPS on the computer in the interview room. The Romero's were pulled up on the computer, but he said it was not them. Erica Marrero was then pulled up by Sergeant Cruser and Officer Rosenblatt identified her as who was in the photo, not Romero. He said they were graveyard officers and he works swings so they don't have a lot of contact. IAB #20-25 He said he wanted to say it was someone who wasn't in his phone, a number he didn't have saved, because he remembered an area code came up and not a name. He said back when he received the text, he did not have any of these three officers in his contacts. He said he has ran into all three officers in the photo since receiving the photo but none of them mentioned it and he did not ask them about it. He wanted to say the area code of the number that the photo came from was but he was not certain. Officer Rosenblatt said the officer?s shirts and badges could be seen in the photo. Officer Rosenblatt said he did not tell any of his bosses about the photo stating, honestly, I was under a lot of stress from this incident and I just wanted it to go away. He said another thing that made him think it was from a number he didn't know because that was the only thing that came up and there were no other previous texts associated with that number. He said he did not believe he got any text from that number after the photo. He again said that he could not tell who was holding the phone. He said that he did not forward the photo to anyone. He said that neither Officer Woodyard or Officer Roedema were in the picture. Observer Officer Cornell had no questions he wanted asked of Officer Rosenblatt. Officer Cornell asked to step out of the room with Officer Rosenblatt and was allowed the interview Officer Rosenblatt said he was sorry he received this photo on his phone and that he never sent it and it made him feel uncomfortable and he is just ready for it all to be over and done with. He said he did not stare at the photo for very long and everything that he told me during the interview was truthful. After the interview Officer Cornell and Rosenblatt requested that a direct order be issued to him to surrender his cell phone. Sergeant Cruser went back into the interview room and gave Officer Rosenblatt the order to surrender his cell phone. Officer Rosenblatt said he had looked in his phone and only had messages going back to January so apparently, he had received the text/photo prior to that. He wanted to be clear on the record that he was not sure at this time if he deleted it or if it auto deleted. 1905 hours IAB #20-25 Officer Nathan Woodyard was interviewed in Internal Affairs. The interview was recorded this is only a summary. Also present for the interview was IAB Sergeant Chris Cruser and Sergeant Darren Chamberland as an Observer. It was explained to Officer Woodyard that an allegation had been received that he may have been involved in text messages and a photograph depicting unprofessional conduct by members of the Aurora Police Department at the Elijah McClain memorial. He was asked if he had any information about these allegations and he said, "Yes." Officer Woodyard said, did receive a photograph several months ago with three people at the memorial. He estimated that he received this text in September of 2019. He said he recognized where the photo was taken as he could see the wall of 225 and knew it was taken on Billings Street around the 1900 block. He said the picture was taken at nighttime. Officer Woodyard was asked who was in the photo and he said, "um Jaron Jones, Kyle Dittrich and Erica Marrero. He said he has worked with and knows them all and was fairly confident it was them in the photo. He said he did not remember who sent the photo to him. He said he no longer has the photo and couldn't be sure if he deleted it or if it auto deleted but it was no longer on his phone. He said he did not know about the auto delete until he received an order to preserve things on his phone. He said he received the photo before he received the order. He said his phone number is and received the photo he thought by text. He again said he did not remember who sent the text but believed it was a member of the Aurora Police Department and his best guess would be it was one of the three in the picture. He said it appeared the photo was a selfie but could not remember who took the photo. He said they were all standing together, and it was Kyle, Jaron then Erica and it had to be either Kyle or Erica who was taking the photo. He said they were all in uniform and could be seen from the chest level up and it appeared they were on-duty and said they all worked graveyard shift. He said he has talked to these three since receiving the photo but did not remember talking about the photo. Officer Woodyard said seeing the photo made him feel uncomfortable but he did not want to speculate how a member of the public would feel about it. He said he believed the Elijah McClain memorial was in the background of the photo. He said he could not speculate on what the officers were doing in the photo, if they were grieving or being funny. IAB #20-25 When asked what about the photo made him feel uncomfortable, he said "um, really the whole incident has made me feel uncomfortable, so being at the memorial and being reminded of that is not something I wanna remember or think about. When asked if he ever confronted any of the three in the photo about the photo he said, ?Not that I can think about. He said in the photo they were all standing together. and he thought Jaron had his arms around Kyle. He did not remember if they were laughing or joking or being serious. He did not remember responding or replying to the text. When asked if he told a supervisor at the Aurora Police Department about the photo he said, did not. He paused for quite a few seconds when asked why not and said, couldn 't say. He said he did not toward the photo to anyone else nor did he remember telling anyone else about it. Sergeant Cruser asked if when he got the photo if it was sent to multiple people like in a text string and he said he could not remember. He was asked again if he thought they were grieving in the photo and he said, didn't think they were grieving" and it looked like they had smiles on their face. He said he has never been to the memorial. He was told we had information that there was a picture of him at the memorial and was asked if that was true and he said, "No. Officer Woodyard said when he received the photo there was no text with it. He was asked if he would be willing to let us look through his phone or if he would be willing to look through his phone for the photo and he said he did have his phone with him asked if he was being ordered to give up his phone and he was told, "Yes. He said he wanted to cooperate and would be willing to do that. Officer Woodyard retrieved his phone and searched the text and images on his phone but did not locate the photo. He said he was on a text string with them because he was on their team but did not locate the photo in that string. He said all of the people in the photo were in his contacts but he could not remember if one of their names was listed with the photo. IAB #20-25 Sergeant Cruser gave Officer Woodyard an order to turn over his phone and he did. 2001 hours Officer Kyle Dittrich was interviewed in Internal Affairs. The interview was recorded this is only a summary. Also present for the interview was IAB Sergeant Chris Cruser and Officer Aaron Gallagher as an Observer. Officer Dittrich was read the allegation from the NOI that he was issued, that there were allegations that while he was on-duty he was involved with other members of the Aurora Police Department in the taking of a selfie photograph at the memorial for Elijah McClain and was asked if that occurred. Officer Dittrich replied, ?It did sir. Officer Dittrich said Officer Nathan Woodyard was someone that he had worked with and was in his academy class with and they are really good friends and Woodyard was involved in the altercation with Elijah McClain. He said he and two other officers were in that area on a call and after they were done with that call and were walking back out to their cars he said, thought it would be, it would cheer everybody up, if we took a selfie, um, we had uh Officer Jaron Jones who just came back to team 30 after he was on a suspension, um, and I just wanted to show Officer Woodyard that we were together, um, in solidarity thinking of him. So, I thought it would be funny if we took a photo there, and uh the three of us took a photo at the scene. It was just a quick, you know one photo, um, we had Officer Jaron Jones put his arm around my head kind of in a half buddy-buddy but also sort of as homage to the carotid control hol He said, realized aften/vards that this was in incredibly, to say it was incredibly poor taste is an understatement. He said he sent the photo to Officer Woodyard hoping that it would ?cheer him up.?He said he talked to Officer Woodyard later and he said Officer Woodyard?s response was, ?hey, that?s not cool dude. Officer Dittrich said he deleted the photo off his phone months ago. He felt this photo was taken in September or October of 2019 because Officer Woodyard was detailed to the Academy. Officer Dittrich said that he was on-duty and the picture was taken in the 1900 block of North Billings. He said he took one photo and it was taken on his cell phone. He said his phone number was . He said he did not have the same phone that he had at that time that his phone got destroyed in another use of force incident where he landed on his phone and it wouldn?t turn on. IAB #20-25 He said the photo was not meant for public dissemination it was just meant for his friends. He said Jaron Jones and Erica Marrero were also in the photo. He said they had a ?group chat" and he sent it to the three of them (Woodyard. Jones and Marrero), He felt it was likely that was also in the group chat. Officer Dittrich said that he likely would have sent it to Jason Rosenblatt as well for the same reasons he sent it to Officer Woodyard, to cheer him up. Officer Dittrich said he did not know exactly what time the photo was taken but said it was taken during graveyard shift maybe 1:00 am. or so. He said this was a spur of the moment thing as they were walking out to their cars, he saw the candles on the side of the road. He said this was not a planned thing like they all agreed to meet up there and to this. He said this was not preplanned. He said they were all in uniform and believed that you would be able to tell that they were police officers in the photo. He said there was no one else that he sent the photo to other than who he had mentioned. Officer Dittrich said the photo wasn?t meant for posting on Facebook or anything like that. He said at the time he wasn?t thinking about the conduct unbecoming policy he said his friend was hurting and he thought he could do something to cheer him up. He said he knew the photo was in ?incredibly poor taste, I just, [have a dark sense of humor.?He said he knew why the memorial was there and he knew why Nathan was hurting and it was just to connect the dots of the two. He said he now is ?deeply regretful of what I did. He said he had no idea how inflammatory the photo would be at the time. He said he did not believe he sent the phone number to Officer Roedema stating that he didn't think he even had his number. He said if the media got the photo it would be disastrous and pretty much the worst-case scenario if they found out. He said when he sent the photo he did not send any text with it that he knew of. Officer Dittrich said that he talked about the photo with Officer Woodyard possibly at the Christmas party they had. He said Woodyard did not reply when he got the photo and did not recall if Rosenblatt had. He did not recall if anyone had replied to the photo. He felt the photo was on his old phone that had been destroyed and did not think the photo would be stored on the cloud. He said he turned this destroyed phone into T- Mobile when he got his new phone. Officer Dittrich said he was not aware of anyone who got the photo contacting a supervisor with the Aurora Police Department, nor did he. IAB #20-25 Officer Dittrich said it was his idea for Officer Jones to put his arm around his neck. Officer Dittrich voluntarily surrendered his current cell phone for the purpose of downloading and looking for the photograph. He was also given an order to surrender the phone by IAB Sergeant Chris Cruser. Observer Officer Gallagher requested Officer Dittrich be asked if it was his intent to make fun of Elijah McClain?s death and he said, ?No sir. He also requested Officer Dittrich if while at the scene where the photo was taken and in the subsequent sharing of the photo did you make any negative or disrespectful remarks about Elijah McClain and he said, ?No sir, we just said hey let?s take a picture and send it to Woody. Officer Dittrich said he did not recall the type of call he was on prior to taking the photo. At the end of the interview Officer Dittrich said he was just falling on the mercy of the department and chief. He said, don?t know what I?m gonna do without this job and that I have always tried to do the right thing for the department and I never intended to make the department look bad and I know that?s exactly what I did.? He said, ?I?m just really sorry for what I did and obviously I 'm here, I accept responsibility for what I di 2056 hours Officer Jaron Jones was interviewed in Internal Affairs. The interview was recorded this is only a summary. Also present for the interview was IAB Sergeant Chris Cruser and Sergeant Walt Obrecht as an Observer. It was explained to Officer Jones that there was an allegation that while he was on duty, he was with other members of the Aurora Police Department and he took a selfie photo at the memorial for Elijah McClain on Billings Street. He was asked if that occurred and he said, "It did sir. He said, "Myself and two other officers were in the area on a call and observed the memorial and took a photograph in front of it for the sole purpose to try to cheer up one of the members that was involved in the initial Elijah McClain event. He did not remember what the call was or the date the photo was taken and guessed it was four months ago. He said he did not recall whose idea it was to go and take a selfie. IAB #20-25 When asked who was with him he said, "Officer Kyle Dittrich and Officer Erica Marrero. He said he could not remember if the idea to go take a selfie was something that just came up while they were on the call or if it was something they planned earlier. Officer Jones said he was on duty and in uniform when the photo was taken. He said to his recollection it was Officer Dittrich that took the photo and that he took one photo. When asked what everyone was doing in the photo, Officer Jones said, "uh the memorial was behind us, Officer Dittrich had his, uh, I don?t remember which arm but he had his arm outstretched taking a selfie photo. Erica, Officer Marrero was standing, I believe, to our left and I had my arm around Officer Dittrich's neck. He said he believed he would be shown in the middle of the photo. Officer Jones was asked to describe his arm around Officer Dittrich's neck and he asked what I meant and he was told that other people said he was simulating the Carotid and he said, believe that to be accurate sir. He said he received the photo on his phone and said it was sent on a group text between himself, Officer Woodyard, Officer Dittrich and Officer Marrero. When asked if the photo was still on his phone he said, ?Not that I am aware of sir. When asked if he had deleted the photo he said he never saved it to his phone. He did not think he still had the group text on his phone saying it was a long time ago. When asked if he would be willing to voluntarily let us look in his phone for that photograph Officer Jones said, ?Yes sir. "When asked if there was any text sent along with the photo and he said he did not remember the response. He thought there was some response to the photo but could not remember what that was. He said he did not forward the photo to anyone. He said he did not know who else had seen the photo other than the people mentioned in the group text. He said his best friend Officer Woodyard was going through a very difficult time and he was struggling with the fact that he could not cheer him up. He said the picture was taken to help make light of the situation to cheer Officer Woodyard up and help him process what he had been through and he thought the photo would help accomplish that. He said the photo had nothing to do with anyone else other than Officer Woodyard. He said it was his attempt to make Officer Woodyard's outlook on what took place lighter to help him mentally get in a better space. 2-18 IAB #20-25 When asked what the public would think about the photo, Jones said in his opinion, believe the public will be uh appalled by the photo. He said they were not there to grieve Elijah McClain. Sergeant Cruser asked whose idea was the arm around the neck simulating the Carotid and Officer Jones said, "It was mine sir. Of?cer Jones clari?ed that Of?cer Dittrich took the photo and sent it out on the group text. He thought Of?cer Woodyard responded to the text but could not recall what the response was. He was asked if anyone forwarded the photo to Of?cer Roedema or Of?cer Rosenblatt and he said not that he knew of. He was asked if Of?cer was also on the text and he stated that she might have been. He said she was on their team so it would make sense that she was on it. He said the people on the text group were people on his team. Of?cer Jones said that he had not been to the memorial other than this one time and he has not taken any other photos there nor has he heard of anyone else taking photos there. He was told the Elijah McClain incident happened approximately at the end of August in 2019 and was asked if that would help him narrow down when the photo was taken and he said it would not. He thought it was approximately four months prior to this time. He said he was not involved in the call involving Elijah McClain stating he was off-duty that night. Sergeant Cruser asked Of?cer Jones if he would voluntarily give us his phone to be downloaded and he said he was "completely willing" and would. Sergeant Cruser also gave him an order to turn over his phone. Observer Sergeant Obrecht requested that Of?cer Jones be asked when he said to cheer up Officer Woodyard physically or mentally was that because of the news reports at the time or the DA's response or lack of response or were there other reasons. Of?cer Jones said the photo was a combination of everything. He said ever since it happened, he (Of?cer Woodyard) was remorseful and critical of himself and had trouble with his con?dence, this was his first critical incident and he didn't know how it was IAB #20-25 going to go he did not know the process. He said this was his interpretation from having conversations with officer Woodyard. He said Officer Woodyard was also having trouble sleeping and he suggested to him he attend counseling. He said Officer Woodyard was a shell of his friend and not himself. He said he wanted to make Officer Woodyard feel better because he did not think he was doing a good job on his own and that was a judgment he made on how he was going to go about it. Officer Jones said other than possibly a text response that he could not remember the content of he has not discussed the photo with Officer Woodyard. At the end of the interview Officer Jones said he would like to apologize for his attire as he came straight from a plain clothes assignment and he said normally he would have went home and put on a suit. Officer Jones said, realize, um, like you had discussed sir, if the public found out about this and how this is perceived and uh it was not my intention at all to cause harm to any involved parties, my sole intention was to help a brother out, whether I used correct judgment or not is on me. 2132 hours Officer Erica Marrero was interviewed in Internal Affairs. The interview was recorded this is only a summary. IAB Sergeant Chris Cruser was present in the interview as well as Sergeant James Benedict who was an Observer. Officer Marrero was told the reason she was there was because a complaint had been received by the Chief's office that she was involved with other members of the Aurora Police Department in taking a selfie photograph at the memorial of Elijah McClain. Officer Marrero was asked if that had happened and she said, ?Yes sir.? She said she remembered responding to a call in the area and when they came out they realized the area that they were in as the area where ?Woody? had his incident. Officer Marrero said, ?We were like so why don't we take a picture and we will send it to him just like a hey look where we are, like thinking of you kind of thing. I didn?t have any ill intent towards it I honestly don ?t even remember any other conversation that we had. IAB #20-25 She said she did not know when the photo was taken but felt it was shortly after the incident occurred. She remembered it being cold outside because she was wearing her jacket so it had to be shortly after the beginning of this year. She said she was pretty sure it was in 2019. Officer Marrero said she was on duty when this occurred, and she was with Officer Dittrich and Officer Jones. She said the picture was taken on Billings Street. Officer Marrero said she did not remember whose idea it was to take the picture. She said, might have suggested it. I didn?t think of it as a big thing because I didn?t mean any ill intent by it so I was like let?s just send him a hey were thinking of you kind of thing. When asked who took the picture Officer Marrero said, ?It was either me or Kyle Dittrich, Ican't remember.? She said the picture was no longer on her phone which had the number . She said in all honesty she could not remember if she took the photo or not. When asked to describe the picture Officer Marrero stated, remember, I think we took two, one was of like the grassy area and the building and we took it and then I think at that point we were like oh he is not going to recognize where it was and then we saw like the lights of the memorial and so we turned around and we had it in like the far distant, and we took it and rememberl think it was me and then Dittrich and Jones and I think I was leaning in like this smiling and then Dittrich or Jones had his arm over Kyle like this and we were like all smiling. She said the picture was taken at night but could not give an approximate time when. She stated they were working graveyards. When asked who all would have got the photo and she said she thought it was sent to their group text so she thought it would have herself, Dittrich, Jones and Woodyard. She said she did not think was involved in the chat yet because she was not on their team last year. She said she was in uniform when the photo was taken and she believed you could see their uniforms in the pictures. When asked if Officer Roedema or Rosenblatt had received the photo she said not that she knew of. She said Woodyard did receive the photo as he was on the group chat and he was the reason for the chat. IAB #20-25 When asked if she would be willing to voluntarily give us her cell phone to download it and look for the photo's she stated, ?Sure." She said she deleted the photo from her phone which was a Pixel 3. She said she had a new phone with her, but her Pixel was at her residence and she was willing to get it for us. When asked why she had deleted the photo she said because they deleted it after and she has started deleting her group chats and all her text messages since her phone did not have a rolling 30 day delete. She said she was not aware of anyone else that may have seen the photo. She said she did not remember sending the photo out but realized that if she took the photo she would have had to send it out. She did not think the Carotid control hold was being simulated in the photo it was just an arm around the neck kind of thing. Officer Marrero was asked if that photo was released to the public today what would the general public think, she said, ?In light of everything, [don't think it would be a good thing. She said she was not at the memorial to grieve for Elijah McClain when they took the photo. Sergeant Cruser asked Officer Marrero if she remembered hearing either Dittrich or Jones suggest to each other that they would represent the Carotid and she said, remember someone making a joke like oh maybe we should do the Carotid in it and I remember seeing the picture and then Jones and Jones when he had his arm over it didn?t look like it at all.?She did not remember who suggested doing the Carotid but said it was one of the boys. She said they had a text conversation back and forth when the photo was sent but did not remember what was said. She remembered having a conversation about not sending it out to Woody because he got named in the lawsuit then they deleted the photo. She said she did not recall telling any Aurora Police Supervisors about the photo. When asked when she had discussed the photo with Officer Woodyard she said it was around the time he was named in the lawsuit. She said, ?We were like we probably shouldn 't have this because people aren?t gonna take it the way that like we say it. She further said, ?You know ?cause we didn?t mean any ill intent or anything like that but] thing the way people would view it would be the wrong way. She said she IAB #20-25 remembered Dittrich saying that they probably shouldn?t talk about this around Officer Woodyard because he was pretty upset by everything. Sergeant Cruser ordered Officer Marrero to get her phone and bring it in. Observer Sergeant Benedict requested that Officer Marrero be asked if she thought what happened to Elijah McClain was a tragic situation and she said, ?Of course I don ?t know anybody who would want someone to die on this job like our job as officers is not to go out there and harm people it?s to help them. She was asked about his family, was it a tragedy to his family and she said, ?Of course, I?m a mom, if I lost my kid I?d be devastated, no matter what the circumstances. Officer Marrero said she has always strived to be someone who is a good community officer. She says she tries to talk to people and explain everything and prides herself in being able to calm people down in different situations. She said she has not been to the memorial since this incident (other than driving by it on duty taking calls) and has not taken any other photo?s there. At the end of the interview Officer Marrero said, never intended for this photo to be something that was offensive to anybody, in all honesty it was just meant to, we were all going through a really tough times with everything that happened with Woody and it was taken to be just like a hay were thinking of you, like, and we ended up in the same spot and it reminded us of you so we turned around and took the photo I never meant to harm anyone in the process.? June 26, 2020 Officer was interviewed in Internal Affairs. The interview was recorded this is only a summary. Also present for the interview was IAB Sergeant Chris Cruser and Officer Judy Gurley-Lutkin as an Observer. It was explained to that as was stated in the NOI we were there to talk about a photograph or a couple photographs that she may or may not have received in August or September of 2019. It was explained the photographs would have involved members of the department at the Elijah McClain memorial on Billings. said, ?No I don?t recall receiving anything like that.?She said in Auoust/September of last year she would have been on team supervised by IAB #20-25 was asked if she was ever part of a chat group/text group that would have had Dittrich, Jones, Marrero and Woodyard. She said she currently was part of a chat group containing those officers but was not part of the group back in August or September of 2019. She said those officers were all on team and she did not join that chat group until after the bid until November or December. She said she was not involved in taking any photos and has not been to the memorial. She did state she was on the call the night of the Elijah McClain incident. She said her phone number at the time and still is . She said she was never made aware of a photo by anyone until this IA investigation. was not requested to surrender her cell phone for searching. Date the photos were taken: A Burglary call for service was located on October 20, 2019 at the Sage Creek Apartments at 1768 Billings Street. #211. The CAD report (2019-359774) shows Officer?s Jones, Dittrich and Marrero were dispatched to the call. Officer Jones, working car 312, cleared the call at 01:35:29 am. Officer's Dittrich and Marrero were a two-officer car working car 313. They cleared the call at 01:35:54 am. The location of the Elijah McClain incident was at the Sage Creek Apartments at 1768 Billings Street. It occurred on August 25, 2019. Officer Kyle Dittrich stated one photo was taken in September or October of 2019 at approximately 1:00 am. in the 1900 block of Billings Street at the Elijah McClain memorial. He said it was taken after handling an unrelated call in the area with Officers Jones and Marrero. Officer Jaron Jones said one photo was taken at the Elijah McClain memorial on Billings Street after he and Officer? 3 Dittrich and Marrero handled a call in that area. He did not remember what the call was or the date the photo was taken and guessed it was four months ago. Officer Erica Marrero said she remembered two photos being taken with one containing the grassy area and the building in the background and the second containing the memorial. She could not remember when the photo was taken other than it was in 2019 IAB #20-25 and it was cold. She said the photo was taken after herself, Officer Dittrich and Officer Jones responded to a call in that area. Cell phone download and searching: IAB Lieutenant Carlson called all the subject member officers and requested they respond to the IAB to be interviewed in reference to a complaint involving text messages. Lieutenant Carlson requested that they bring the cell phones each had around September of 2019. Lieutenant Carlson emailed each subject member an IAB memo with the allegation of 14.2.1 Conduct Unbecoming. The subject members were each issued more specific NOl's prior to being interviewed. Each subject member had an Observer and reviewed the Directives stated in the memorandum prior to being interviewed. All subject officers (except for who was not requested after saying she did not receive the text/photo) voluntarily surrendered their cell phones for the purpose of downloading and searching for photographs or text related to this allegation. After Officer Rosenblatt?s interview, his Rep., Officer Joe Cornell, requested that a lawful order be given for the surrender of Rosenblatt?s cell phone. This request was granted and was done on video in the interview room. For continuity, all subject members were then given lawful orders to surrender their cell phones for searching for the photos by Sergeant Cruser at the end of each interview. The subject officers all maintained custody of their cell phones and took them individually to Agent Del Matticks at Headquarters and the phones were downloaded. The phones were then returned. Individually labeled thumb drives were supplied by Agent Matticks to lntemal Affairs containing the data for each officer?s phone. Officer Dittrich said that he took one photo with the memorial in the background. Officer Jones remembered one photo being taken at the memorial as well. Officer Marrero thought she might have taken the photos. She remembered two photos being taken with one containing the grassy area and the building in the background and the second containing the memorial lights in the background. Officer Dittrich?s phone images were searched first. The two described photos were located in the images file. There were 2638 images. 2-25 IAB #20-25 One photograph shows Officer Dittrich who is smiling and appears to be holding the phone and taking the picture. Officer Jones has his right arm around Officer Dittrich?s neck and Officer Erica Marrero next to Officer Jones smiling. In the background is a street and across the street is a wall which appears to be the McClain memorial. The top part of Officer Dittrich?s badge is visible in the photo as is a portion of the Aurora Police patch on Officer Jones uniform shirt. The details page for the photo taken of the memorial shows it was taken on October 20, 2019 at 01:22:07 am. then modified on 10/20/19 at 01:44:18 am. (MST). The second photo shows Officer Dittrich who appears to be holding the phone and taking the picture. Behind him and to his right is Officer Marrero and behind her and to her left is Officer Jones. All three officers are smiling. Officer Dittrich?s badge is clearly visible and all three are in uniform. The officers appear to be standing in a grassy area between a sidewalk and a brick building. It appears this photo was taken at or near where the Elijah McClain incident occurred. The details page for the photo taken of the grassy/building area does not show when it was taken but does show it was modified on 10/20/2019 at 01:42.14 a.m. (MST). Investigator note: The two detail pages for the above described photos are in the Investigative Documents. Officer Marrero?s phone images were searched next. No photos related to this incident were located. It was determined since Officer Dittrich and Officer Marrero stated they took the photos their images would be searched first and if the images were located none of the remaining Officer?s phone images would be searched. Since Officer Rosenblatt said he replied with a text after he received the photo his texts were searched. No texts related to this incident were observed. IAB #20-25 h?u?es None. 2a-1 IAB #20-25 Support Data for Basis of Synopsis, Investigation, Conclusions and Findings AIM Complaint 2020-0109-COM (3 pages) Email - M. Sears (1 page) List - Board Member Meeting Attendees (1 page) APD Digital Forensics Mobile Device Extraction Reports (5 pages) Photographs (4 pages) APD Report 2019-359774 (4 pages) Email IRP Advisement (2 pages) 2b-1 Aurora Police Department Investigation - Details Complaint: 2020-0109-COM Incident Type: Incident 2020-0109-COM Call Type: Dept Directives Violation Incident Date: Time: Date Reported: 2020-06-25 Time: 14:50 Report Location: Address: Locationl: Locationz: Status: Open Date Closed: Details cowpwn Must do label: ??Prlorto closing, the Abegations 3. Action Taken pages must be completedm Action taken is found by opening the allegations page. click the pencil Icon next to each allegation. Then on 'Add Action Taken" and complete the boxes in the popup whdow. Do not track the employee or add them to signatures. Remember to complete the person links. To be completed bythe Fist Line Supervisor: To be completed by the First Line Supuvisur How Received: Follow-Up Contact Method: Complaint of Racial (Bias-based) Pro?lhg: NO Complaint of N0 Result of a Field Contact: N0 Result of Asset Forfeiture: No Result of Vehicle Stop?: No Traflic Stop with no summons or arrest (sanitary): N0 AI other contacts (Non-Stamina): No Complaint of Excessive No This complaint came norm: APD member (Internal) labia: The below box must be ?lled out prior to closing. If you need explanations of what the choices are please see the AIM help documents in the Resource Library. End result at complaint: Employee *Required Page 1 of 3 on 6/26/2020 9:50:58 AM Employee: Marrero. Erica Employee ID: 0315829 Supvr at Incident: Nunez, Rachel A ID: 0199850 Rank: Patrol Of?cer Position: DZ-Patrol Graves-449 Shift: Employee: Rosenblatt. Jason Employee ID: 0315112 Supvr at Incident: Brukbacher. Matthew ID: 0242030 Rank: Patrol Of?cer Position: Respns Team~968 Shift: Employee: Woodyard, Nathan 8 Employee ID: 0314452 Supvr at Incident: Beuthel. James ID: 0114810 Rank: Position: MD-Elec Support Section-993 Shift: Persons Involved Complainant Glidden. Harry Alias: Glidden, Harry Address: Contact DOB: 1959-08-31 Age: 0 Race: White Sex Buld: Height 74 Weight 245 Hair Color: Blond Color: Blue RP Type Vehicle Color Vehicle Make Vehicle Model Vehicle Yeer Notes: Allegation Action Taken Nunez ID: Policy Type: Policy List: Violation: thing Date: Alegetion Notes: Action Taken Employee: Page 2 of 3 on 6/26/2020 9:50:58 AM Action: Suspension Hours: Start Date: Due Date: Action Date: Action Type: Order Number: Hearing Date: Time: Tracking Notes Group Assigned To: IA Administrator Assigned To: Grady. Gall Role: Employee Assigned By: Grady. Gail Date Assigned: 2020-06-25 Due Date: Completion Date: Recommendation: Notes: Group Assigned To: IA Assigned To: Canson. Cassidee Role: Supervisor Employee Assigned By: Grady. Gail Date Assigned: 2020-06-25 Due Date: Completion Date: Recommendation: Notes: Assigned Case Number 20-25 Exhibit (If applicable) Notification Signature Related Incident lAl-2020-0025 2020-06-25 lnlemal Affairs Pending Open Signatures Reviewing Supervisor (Print Name) Signature Date Reviewing Supervisor (Print Name) Signature Date Reviewing Supervisor (Print Name) Signature Date Reviewing Supervisor (Print Name) Signature Date Page 3 of 3 on 6/26/2020 9:50:58 AM Sobieski. Thomas rom: Sears, Marc Sent: Thursday, June 25, 2020 2:58 PM To: Cruser, Christopher; Sobieski, Thomas Subject: Fw: Concern From: Sears, Marc Sent: Thursday, June 25, 2020 2:22 PM To: Parker, Darin Glidden, Harry Cc: Wilson, Vanessa Subject: Concern Gentlemen, On 06-25-20 during a meeting I was informed by Ofc. that he was notified by Ofc. Rosenblatt of some information that Rosenblatt received on his phone via text message. was with Rosenblatt during a social engagement and Rosenblatt stated that he received a text that consisted of pictures of Officers Woodyard, Marrero and Dittrich positioned around Elijah McClain's grave site. believes that the stated officers were in plain clothes and off duty but he never saw the pictures so he was not certain. I asked what they were doing there and he did not have any idea. I asked if he knew iftheir behavior was described when they were around the grave site. said that it was described to him as the stated officers were poking fun and laughing. I also asked if he knew when this event took place and the only thing that could say was it was before the incident that happened in Minneapolis MN. Due to the current climate surrounding the McClain incident, I think that this potential situation should be looked at due to the potential unbecoming behavior that could have occurred. Respectfully, Sgt. Marc C. Sears YM?szp VF Jim/Ind Tr Minty Rec/dd 7? ?dfh 5A as AM 92c 13% 171? 11/40?) I?m 6009* /4?a0i? ?2 AURORA POLICE DEPARTMENT DIGITAL FORENSICS UNIT MOBILE DEVICE EXTRACTION REPORT Date: 06/25/20 Agency: APD Agency Case #2 IA 20-25 Case Type: Internal Affairs Investigation Evidence Item if: Location of Extraction: 8 Digital Forensics Unit On Site (Fill in address below) Crime Scene Item if: Case Agent: Paulovich, Jason #25330 Examiner: Matticks, Del #25344 Request: Sergeant Paulovich escorted APD Officer Jason Rosenblatt #315112 into the APD Digital Forensic Unit and requested a forensic extraction of Rosenblatt?s Apple iPhone 8 Plus for and image/video files from September 1, 2019 to present. Legal Authority: Consent Search Warrant 8 Other: Internal Affairs Investigation Make: Apple Model: A1864 (iPhone 8 Plus) IMEI: 356114092893071 OS Version: 13.5.1 SIM Card: 8 Yes No Carrier: Verizon Passcode: System Date: 06/25/20 System Time: 19:30 Local Date: Same Local Time: Same Device Storage: 3268 Micro SD Storage: None Micro SD Storage Extraction Method: MA Phone Number: Pre-Existing Damage: None Network Isolation Method: 8 Airplane Mode El SIM Card Removed Wi-Fi/Bluetooth Off EMI-RFI Enclosure Faraday Bag Other: Extraction Software/ Version: UFED PA 7.33.030 Extraction Method: Advanced Logical Analysis Software/Version: UFED PA 7.33.0.30 Extraction Hash Value (last 5 numbers): D61A9 Narrative Upon successfully conducting an Advanced Logical extraction of the Apple iPhone 8 Plus, I verified the extraction hash value but conducted no additional analysis. I then created a Cellebrite Reader Report which contained only and image and video files from September 1, 2019 to present. If a forensic extraction was completed, the results were compiled in an interactive reader and provided to the case agent, along with a copy of this report, on USB flash media. All original extraction files will be maintained on evidence servers within the APO Digital Forensics Unit and can be duplicated upon request. NOTE: Some images, videos, or other artifacts may not be viewable on a workstation connected to an organizational network due to limited privileges and/or other restrictions such as, but not limited to, insufficient RAM, older software versions, or not having the correct codec. The UFED Reader report is best viewed on a workstation not connected to any organizational network. Page 1 of 1 AURORA POLICE DEPARTMENT DIGITAL FORENSICS UNIT MOBILE DEVICE EXTRACTION REPORT Date: 06/25/20 Agency: APD Agency Case II: IA 20-25 Case Type: Internal Affairs Investigation Evidence Item II: Location of Extraction: 8 Digital Forensics Unit On Site (Fill in address below) Crime Scene Item II: Case Agent: Paulovich,Jason #25330 Examiner: Matticks, Del #25344 Request: Sergeant Paulovich escorted APD Officer Nathan Woodyard #314452 into the APD Digital Forensic Unit and requested a forensic extraction of Woodyard?s Apple iPhone XR for and image and video files between 09/01/19 and 10/31/19. Legal Authority: Consent Search Warrant Other: Internal Affairs Investigation Make: Apple Model: A1984 (iPhone XR) IMEI: 353012095802557 OS Version: 13.5.1 SIM Card: Yes No Carrier: Verizon Passcode: System Date: 06/25/20 System Time: Local Date: Same Local Time: Same Device Storage: 25668 Micro 50 Storage: None Micro SD Storage Extraction Method: WA Phone Number: Pre-Existing Damage: None Network Isolation Method: Airplane Mode CI SIM Card Removed Wi-Fi/Bluetooth Off EMI-RFI Enclosure CI Faraday Bag Other: Extraction Software/ Version: UFED PA 7.33.0.30 Extraction Method: Advanced Logical Analysis Software/Version: UFED PA 7.33.0.30 Extraction Hash Value (last 5 numbers): A105E Narrative Upon successfully conducting an Advanced Logical extraction of the Apple iPhone XR, I verified the extraction hash value but conducted no additional analysis. I then created a Cellebrite Reader Report which contained only SMS and image and video ?les from September 1, 2019 to present. If a forensic extraction was completed, the results were compiled in an interactive reader and provided to the case agent, along with a copy of this report, on USB ?ash media. All original extraction ?les will be maintained on evidence servers within the APD Digital Forensics Unit and can be duplicated upon request. NOTE: Some images, videos, or other artifacts may not be viewable on a workstation connected to an organizational network due to limited privileges and/or other restrictions such as, but not limited to, insufficient RAM, older software versions, or not having the correct codec. The UFED Reader report is best viewed on a workstation not connected to any organizational network. Page 1 of 1 AURORA POLICE DEPARTMENT DIGITAL FORENSICS UNIT 001 loi? 'no ?3 MOBILE DEVICE EXTRACTION REPORT Date: 06/25/20 Agency: APD Agency Case #2 IA 20-25 Case Type: Internal Affairs Investigation Evidence Item If: Location of Extraction: Digital Forensics Unit On Site (Fill in address below) Crime Scene Item if: Case Agent: Paulovich, Jason #25330 Examiner: Matticks, Del #25344 Request: Sergeant Paulovich produced a Samsung Galaxy 59 cell phone belonging to APD Officer Kyle Dittrich #314456 and requested a forensic extraction of the device for and image and video files between 09/01/19 and 10/31/19. Legal Authority: Cl Consent Search Warrant Other: Internal Affairs Investigation Make: Samsung Model: SM-GQGOU (Galaxy 59) IMEI: 356916090646875 OS Version: 10 SIM Card: Yes No Carrier: T-Mobile Passcode: System Date: 06/25/20 System Time: Local Date: Same Local Time: Same Device Storage: 6468 Micro SD Storage: None Micro SD Storage Extraction Method: WA Phone Number: Pre-Existing Damage: None Network Isolation Method: Airplane Mode Cl SIM Card Removed Wi-Fi/Bluetooth Off Enclosure Faraday Bag Other: Extraction Software/ Version: UFED 4PC 7.34.1.23 Extraction Method: File System (Android Backup)/Advanced Logical Analysis Software/Version: UFED PA 7.34.0.38 Extraction Hash Value (last 5 numbers): F8E69 Narrative Upon successfully conducting a File System and Advanced Logical extraction of the Samsung Galaxy 59 cell phone, i verified the extraction hash value but conducted no additional analysis. I then created a Cellebrite Reader Report which contained only and image and video ?les between 09/01/19 and 10/31/19. If a forensic extraction was completed, the results were compiled in an interactive reader and provided to the case agent, along with a copy of this report, on USB flash media. All original extraction ?les will be maintained on evidence servers within the APO Digital Forensics Unit and can be duplicated upon request. NOTE: Some images, videos, or other artifacts may not be viewable on a workstation connected to an organizational network due to limited privileges and/or other restrictions such as, but not limited to, insufficient RAM, older software versions, or not having the correct codec. The UFED Reader report is best viewed on a workstation not connected to any organizational network. Page 1 of 1 AURORA POLICE DEPARTMENT DIGITAL FORENSICS UNIT MOBILE DEVICE EXTRACTION REPORT Date: 06/25/20 Agency: APD Agency Case II: Al20-25 Case Type: Internal Affairs Investigation Evidence Item II: Location of Extraction: 8 Digital Forensics Unit C) On Site (Fill in address below) Crime Scene Item #2 Case Agent: Paulovich, Jason #25330 Examiner: Matticks, Del #25344 Request: APD Officer Jaron Jones #314466 produced his Apple iPhone XS and Sergeant Paulovich requested a forensic extraction of the device for and image and video files between 09/01/19 and 10/31/19. Legal Authority: Consent Search Warrant Other: Internal Affairs Investigation Make: Apple Model: A1920 (iPhone XS) or IMEI: 356172099647437 OS Version: 13.5.1 SIM Card: 8 Yes No Carrier: Sprint Passcode: System Date: 06/25/20 System Time: Local Date: None Local Time: None Device Storage: 6468 Micro SD Storage: None Micro SD Storage Extraction Method: WA Phone Number: Pre-Existing Damage: None Network Isolation Method: 8 Airplane Mode SIM Card Removed Wi-Fi/Bluetooth Off EMI-RFI Enclosure Faraday Bag C) Other: Extraction Software/ Version: UFED PA 7.34.0.38 Extraction Method: Advanced Logical Extraction Analysis Software/Version: UDED PA 7.34.0.38 Extraction Hash Value (last 5 numbers): BE4CA Narrative Upon successfully conducting an Advanced Logical extraction of the Apple iPhone XS, I verified the extraction hash value but conducted no additional analysis. I then created a Cellebrite Reader Report which contained only and image and video files between 09/01/19 and 10/31/19. If a forensic extraction was completed, the results were compiled in an interactive reader and provided to the case agent, along with a copy of this report, on USB flash media. All original extraction files will be maintained on evidence servers within the APD Digital Forensics Unit and can be duplicated upon request. NOTE: Some images, videos, or other artifacts may not be viewable on a workstation connected to an organizational network due to limited privileges and/or other restrictions such as, but not limited to, insufficient RAM, older software versions, or not having the correct codec. The UFED Reader report is best viewed on a workstation not connected to any organizational network. Page 1 of 1 AURORA POLICE DEPARTMENT DIGITAL FORENSICS UNIT MOBILE DEVICE EXTRACTION REPORT Date: 06/26/20 Agency: APD Agency Case #2 IA 20-25 Case Type: Internal Affairs Investigation Evidence Item #2 Location of Extraction: Digital Forensics Unit On Site (Fill in address below) Crime Scene Item It: Case Agent: Paulovich, Jason Examiner: Matticks, Del #25344 Request: Sergeant Paulovich produced a Google Pixel 3 cell phone belonging to APO Of?cer Erica Marrero #315829 and requested a forensic extraction of the device for and image and video files between 09/01/19 and 10/31/19. Legal Authority: Consent Search Warrant 8 Other: Internal Affairs Investigation Make: Google Model: Pixel 3 or IMEI: 358275094093925 OS Version: 10 SIM Card: Yes [1 No Carrier: Verizon Passcode: System Date: 06/26/20 System Time: Local Date: Same Local Time: Same Device Storage: 6468 Micro 50 Storage: None Micro SD Storage Extraction Method: WA Phone Number: Pre-Existing Damage: None Network Isolation Method: Airplane Mode SIM Card Removed Wi-Fi/Bluetooth Off EMI-RFI Enclosure Faraday Bag Other: Extraction Software/ Version: UFED 4PC 7.34.1.23 Extraction Method: File System (Android Backup)/Advanced Logical Analysis Software/Version: UFED PA 7.33.030 Extraction Hash Value (last 5 numbers): 546E9 Narrative Upon successfully conducting a File System and Advanced Logical extraction of the Google Pixel 3 cell phone, I verified the extraction hash value but conducted no additional analysis. I then created a Cellebrite Reader Report which contained only image and video files between 09/01/19 and 10/31/19. If a forensic extraction was completed, the results were compiled in an interactive reader and provided to the case agent, along with a copy of this report, on USB flash media. All original extraction ?les will be maintained on evidence servers within the APO Digital Forensics Unit and can be duplicated upon request. NOTE: Some images, videos, or other artifacts may not be viewable on a workstation connected to an organizational network due to limited privileges and/or other restrictions such as, but not limited to, insufficient RAM, older software versions, or not having the correct codec. The UFED Reader report is best viewed on a workstation not connected to any organizational network. Page 1 of 1 Save Name: Type: Size (bytes): Path: reatecl: Accessed: Modified: Changed: Deleted: Extraction: MDS: Source file: Map Position: Address: Map Address: 81886768180951020130 Images 62776 Samsung Galaxy $9.2ip/ sdcard/Android/data/ com.sec.andioid.ga lely3d/ cache/0/8188676818095102013.0 10/20/2019 1:42:14 File System 81886768180951020130 0 -- 93,5 - 4 lepril??zo a i r? :1 1?1: 7? L-K- . 1 ps Iabl? Search . 'Save 3 I Name: 95783845665894.4520 Type: Images I I sze (bytes): 1604237 . . Path: Samsung Galaxy59.21p/ ,i sdcard/Android/data/ II .1 ii .. 1 com.sec.android.ga lery3d/ I If . .i Created: I15 Accessed: I Modified: I xi; i Changed; II . Deleted: I Ex?raction: File System I I M05: 758a77ce29bf7fb26cd861b44c4t 3202 I SqurCc file: 9157838456658944530 I . I 1 Metadata I Gamera Make: samsung? I . Gamera Model: capture Time: 10/20/2019 1.22:0? Pixel res-oration: 2640i1488 i Rgs?lq?mu (Emu: Inch) . i 156658944530 1 AURORA POLICE DEPARTMENT CAD CALL HARDCOPY CP 2019-359774 Reported: Oct-l9-2019 23:52:48 Incident Location Address 211 - 1768 BILLINGS ST Place Name in SAGE CREEK APTS City AURORA District: 2 Beat 12 Grid 4G4 Telephone no. General Information Report number: 201940925 Case Type 2 BURGR- Priority 5 Dispatch Oct-20-2019 07:12:26 Cleared Oct-20-2019 08:34:08 How call received 911 SYSTEM Unit ids #312 Call taker lD 315654 Complainant Information Remarks Oct-19-2019 23:52:48 - Problem: SOMEONE BROKE INTO HOME Vict caller on scene. Susp/Veh not in area. Time lapse: SOMETIME TODAY Residential BURGLARY Property taken: CELL PHONE, PIGGY BANK, AND OTHER ITEMS LOI search completed at 10/19/19 23:52:49 CTC LOI information for Event P190359774 was viewed at: 10/19/19 23:57:15 by: Paula R. (at cad22) on 2019-10-19 23:52:48 - Problem: SOMEONE BROKE INTO HOME (at cad22) on 2019-10-19 23:52:48 - Vict caller on scene. (at cad22) on 2019-10-19 23:52:48 - Susp/Veh not in area. (at cad22) on 2019-10-19 23:52:48 - Time lapse: SOMETIME TODAY (at cad22) on 2019-10-19 23:52:48 - Residential BURGLARY (at cad22) on 2019-10-19 23:52:48 - Property taken: CELL PHONE, PIGGY BANK, AND OTHER ITEMS (at cadintl) on 2019-10-19 23:52:49 - LOI search completed at 10/19/19 23:52:49 For: [3669 Friday June 26, 2020 Page: I of4 AURORA POLICE DEPARTMENT CAD CALL HARDCOPY CP 2019-359774 Reported: Oet-l9-2019 23:52:48 (at cad22) on 2019-10-19 23:52:54 - CTC (at cad08) on 2019-10-19 23:57:15 - LOI information for Event Pl90359774 was viewed at: 10/19/19 23:57:15 (at cad08) on 2019-10?19 23:57:15 - by: Paula R. Hull on terminal: cad08 (at cad08) on 2019-10-19 23:57:17 - LOI information for Event Pl90359774 was viewed at: 10/19/19 23:57:17 (at cad08) on 2019-10-19 23:57:17 - by: Paula R. Hull on terminal: cad08 (at cad08) on 2019-10-19 23:57:18 - information for Event P190359774 was viewed at: 10/19/19 23:57:18 (at cad08) on 2019-10-19 23:57:18 - by: Paula R. Hull on terminal: cad08 (at cad08) on 2019-10-20 00:42:33 - LOI information for Event Pl90359774 was viewed at: 10/20/19 00:42:33 (at cad08) on 2019-10-20 00:42:33 - by: Paula R. Hull on terminal: cad08 (at cad08) on 2019-10-20 00:42:34 - LOI information for Event Pl90359774 was viewed at: 10/20/19 00:42:34 (at cad08) on 2019-10-20 00:42:34 - by: Paula R. Hull on terminal: cad08 (at cad08) on 2019-10-20 00:42:34 - LOI information for Event P190359774 was viewed at: 10/20/19 00:42:34 (at cad08) on 2019?10-20 00:42:34 - by: Paula R. Hull on terminal: cad08 (at cad17) on 2019-10-20 00:54:ENRT (at cadl4) on 2019-10-20 01:08:17 - Case number R2019040925 has been assigned to event Pl90359774 (at cadl4) on 2019-10-20 01:08:17 - by: For: l3669 Friday June 26, 2020 Page: 2 of4 AURORA POLICE DEPARTMENT CAD CALL HARDCOPY CP 2019-359774 Reported: Oct-l9-2019 23:52:48 Deborah J. Furler on terminal: cadl4 (at cad08) on 2019-10-20 01:35:55 - Event held for 5 minutes and unit 313 (at cad08) on 2019-10-20 01:39:32 - Event held for 5 minutes and unit 312 (at cad08) on 2019-10-20 07:12:21 - Event held for 5 minutes and unit 312 JONES, JARON R(at $312) on 2019-10-20 08:34:07 - Event Clear Comments> see mre Clearance lnfonnation Remarks BURGLARY FREE TEXT Final Case type BURGLARY Report expected Yes Founded Yes Reporting Of?cerl 314466 - JONES, JARON Dispatch Details Unit number 312 Dispatched: Oct-20-2019 00:49:18 Of?cer 1 314466 - JONES, JARON Enroute Oct-20-2019 00:49:22 At scene: Oct-20-2019 00:58:02 Cleared Oct-20-2019 01:35:29 Dispatcher lD 314821 Unit number 312 DiSpatched: Oct-20-2019 00:49:18 Of?cer 1 314466 - JONES, JARON Enroute Oct-20-2019 00:49:22 At scene: Oct-20-2019 00:58:02 Cleared Oct-20-2019 01:35:29 Dispatcher ID 314821 Unit number 312 Dispatched: Oct-20-2019 00:49:18 Of?cer I 314466 - JONES, JARON Enroute Oct-20-2019 00:49:22 At scene: Oct-20-2019 00:58:02 Cleared Oct-20-2019 01:35:29 Dispatcher ID 314466 Unit number 313 Dispatched: Oct-20-2019 00:49:18 Of?cer I 314456 - DITTRICH, KYLE For: 13669 Friday June 26, 2020 Page: 3 of4 AURORA POLICE DEPARTMENT CAD CALL HARDCOPY CP 2019-359774 Reported: Oct-19-2019 23:52:48 Of?cer 2 315829 - MARRERO, ERICA NICOLE Enroute Oct-20-2019 00:49:22 At scene: Oct-20-2019 00:57:59 Cleared Oct?20-2019 01:35:54 Dispatcher ID 314821 Unit number 312 Dispatched: Oct-20-2019 00:49:18 Of?cer I 314466 - JONES, JARON Enroute Oct-20-2019 00:49:22 At scene: Oct-20-2019 00:58:02 Cleared Oct-20-2019 01:35:29 Dispatcher ID 314466 Unit/Of?cer Details END OF HARDCOPY For: 13669 Friday June 26, 2020 Page: 4 of4 Grady, Gail 'rom: Carlson, Cassidee Sent: Monday, June 29, 2020 8:50 AM To: Grady, Gail; Sobieski, Thomas Subject: Fw: IRP PROCESS For file. Lieutenant Cassidee Carlson Aurora Police Department internal Affairs Bureau p. 303.739.6070 e. ccarlson@auroragov.org From: Carlson, Cassidee Sent: Monday, June 29, 2020 8:13 AM Subject: Fwd: IRP PROCESS '1is is sent on behalf of Chief Wilson. Please read below and contact me to schedule. You can email me or call X36070. Per directive 10.2.11, If you opt to have a representative appear with you or on your behalf, please notify Lt. Carlson identifying who your representative will be. Thank you, Lt. Cassidee Carlson Begin fon/varded message: From: "Wilson, Vanessa" Date: June 29, 2020 at 7:56:50 AM MDT To: "Carlson, Cassidee" "Dudley, Marcus" Subject: IRP PROCESS I believe IA 20?25 and required reviews must be completed as expeditiously as possible. Therefore, I have determined, per DM 10.2.11, the IRP must be shortened in this matter to TWO days. This is due to the alleged misconduct, the risk of public disclosure, the high-profile nature of the underlying incident the preceding this incident, and the possible adverse and potentially violent response by the public in response to this incident as shown by recent riot activity in Denver and Aurora. Please ensure all involved members are informed in writing of this order. This process starts this morning and add this email to the file. Vanessa Wilson Interim Chief of Police Aurora, Colorado Police Department Of?ce: 303.739.6021 Integrity . Custom er Service Respect - Proiessional-sm Facebook Twitter Nextdoor Join The APD PROCESS DOCUMENTS Aurora Police Department City of Aurora Worth Discovering AuroraGovprg Office of the Chief of Police Memorandum Date: June 25, 2020 To: Of?cer Kyle Dittrich #314456 From: Interim Chief Vanessa Wilson Re: Administrative Leave with Pay You are being place on paid Administrative Leave for the duration of the investigation of or until further notice. You are prohibited from working any scheduled shifts, taking any police action, and working secondary employment. You are prohibited from wearing your uniform. You are obligated to honor any subpoenas that you have received or may receive. Should you appear in court, you will dress in appropriate business attire as de?ned in Directive 8.1.4 (Appearance). While on administrative leave, you will remain available for contact during regular business hours (Monday through Friday, 0800-1700 hours). To that end, you will provide valid contact information. I hereby acknowledge I have received a true and correct copy of the above Order on the 2 5m day of June 2020 at hours. Member Contact Information: Telephone#: Email: 13% KMC 7 AURORA POL CE DEPA TMENT Vane?ssa Wils??lf Interim Chief of Police Aurora Police Department City of Aurora Wort/z Discovering AuroraGovnrg Of?ce of the Chief of Police Memorandum Date: June 25, 2020 To: Of?cer Jaron Jones #0314466 From: Interim Chief Vanessa Wilson Re: Administrative Leave with Pay You are being place on paid Administrative Leave for the duration of the investigation of or until further notice. You are prohibited from working any scheduled shifts, taking any police action, and working secondary employment. You are prohibited from wearing your uniform. You are obligated to honor any subpoenas that you have received or may receive. Should you appear in court, you will dress in appropriate business attire as de?ned in Directive 8.1.4 (Appearance). While on administrative leave, you will remain available for contact during regular business hours (Monday through Friday, 0800-1700 hours). To that end, you will provide valid contact information. I hereby acknowledge I have received a true and correct copy of the above Order 2020 at (Q hours. Member Contact Information: Telephone#: Email: 44A ??ron Jones7 I AURORA PO ICE DEB RTMENT Vafi/essa W?gn Interim Chief of Police Aurora Police Department City of Aurora Wort/z Discovering AuroraGormg Office of the Chief of Police Memorandum Date: June 25, 2020 To: Of?cer Erica Marrero #315829 From: Interim Chief Vanessa Wilson Re: Administrative Leave with Pay You are being place on paid Administrative Leave for the duration of the investigation of or until further notice. You are prohibited from working any scheduled shifts, taking any police action, and working secondary employment. You are prohibited from wearing your uniform. You are obligated to honor any subpoenas that you have received or may receive. Should you appear in court, you will dress in appropriate business attire as de?ned in Directive 8.1.4 (Appearance). While on administrative leave, you will remain available for contact during regular business hours (Monday through Friday, 0800-1700 hours). To that end, you will provide valid contact information. I hereby acknowledge I have received a true and correct copy of the above Order on the day of 313/] . 2020 at Z20 2 hours. Member Contact Information: Telephone#: Email: rrero/ AURORA POLICE DEPARTMENT Vanessa Wilson Interim Chief of Police City of Aurora Aurora Police Department Worth Drum-army Ammutimmr Of?ce of the Chief of Police Memorandum Date: June 25, 2020 To: Of?cer Jason Rosenblatt #315112 From: Interim Chief Vanessa Wilson Re: Administrative Leave with Pay You are being place on paid Administrative Leave for the duration of the investigation of or until further notice. You are prohibited from working any scheduled shifts, taking any police action, and working secondary employment. You are prohibited from wearing your uniform. You are obligated to honor any subpoenas that you have received or may receive. Should you appear in court, you will dress in appropriate business attire as de?ned in Directive 8.1.4 (Appearance). While on administrative leave, you will remain available for contact during regular business hours (Monday through Friday, 0800-1700 hours). To that end, you will provide valid contact information. I hereby acknowledge I have received a true and correct copy of the above Order on the day of My 2020 at 70 hours. Member Contact Information: Telephone#: Email: Watt AURORA POLICE DEPARTMEN Vag??ssaT Wilson In en'm Chief of Police Aurora Police Department City of Aurora Wort/i Discovering AuroraGovorg Office of the Chief of Police Memorandum Date: June 25, 2020 To: Of?cer Nathan Woodyard #314452 From: Interim Chief Vanessa Wilson Re: Administrative Leave with Pay You are being place on paid Administrative Leave for the duration of the investigation of or until further notice. You are prohibited from working any scheduled shifts, taking any police action, and working secondary employment. You are prohibited from wearing your uniform. You are obligated to honor any subpoenas that you have received or may receive. Should you appear in court, you will dress in appropriate business attire as de?ned in Directive 8.1.4 (Appearance). While on administrative leave, you will remain available for contact during regular business hours (Monday through Friday, 0800-1700 hours). To that end, you will provide valid contact information. I hereby acknowledge I have received a true and correct copy of the above Order on the Z53 L1 day of St: 2020 at lot ?35 hours. Member Contact Information: Telephone#: Email: MW Nathan Woodyard!- AURORA DEPA MENT 2/ WW Vanes?sfa Wils Interim Chief of Police CONFIDENTIAL Internal Affairs Bureau LLEMORANDUM To: Of?cer Kyle Dittrich #314456 From: Lt. C. Carlson #26215 Date: June 25. 2020 Re: IAB Case 20-25 You are noti?ed the Internal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation, 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders. and 14.2.2 Making a False or Untruthful Declaration to your scheduled interview. Enclosed for your review is the Employee and Administrative Investigations pamphlet. According to Directive 10.2.9. you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the Internal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this noti?cation constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the lntemal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension x36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any questions, please do not hesitate to contact me. Internal Affairs Bureau Cc: Sgt. W. Hummel, Lt. J. D'Agosta, Capt. E. Wittman, Cmdr. J. Puscian Supervisor?s Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the Internal Affairs Investigator. Note: the department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. If you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550: Nicoletti-Flater Associates at 303-989-1617: or Brouer Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN Kyle Dittrich 314456 June 25, 2020 0700 71% EMPLOYEE NAME DATE TIME An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies, procedures or directives related to the following incident(s): Include date, time and location if known 2019-2020 in the 1700-1900 of Billings Street Description of the specific nature of the allegation This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that while on duty you were involved with other members of the Aurora Police Department in the taking of a selphie photograph at the memorial for Elijah McClain. If this allegation is proven. you could be in violation of APD Directive 14.2.1 Conduct Unbecoming. Per Aurora Police Department Directive 10.2. as a sworn member you have speci?c rights and responsibilities during this investigation. . You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities. circumstances, events. conduct or acts which pertain to the incident which is the subject of this investigation; and. you can be disciplined up to and including termination for refusal to answer these questions. - Questions. tests or examinations related to this investigation will be narrowly and speci?cally related to your job- related performance. conduct and ?tness for duty. . You are ordered not to discuss this case with any member of the department other than the investigating supervisor. an Aurora Police Association representative, a Fraternal Order of Police representative. your attorney or observer/representative while the case is active (as defined in APD Directives 10.2.) . Any statements, tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. . Voluntary statements or confessions made by you which are outside the scope of the investigation as de?ned above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any - c-tronic recording of this interview to verify accuracy and context of statements. If requested. you will review and si t?scription if it is found to be accurate. a I (8006(6) 13%? 03,554 6/25/20 INVESTIGATING SUPERVISOR MBER SIGNATURE DATE APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an Internal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 (l 1?h CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and FOURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member: (Signat?ure) 0314494 (Print Name and Employee Date: ?593/1 5% 01 {an Investigator: 77490 (Ebieil?l ?>qu (?nalure) APD FM 520-333 (REV l0/07) Date of form presentation: 6/25/20 Time of form presentation: Presented By: Det. Tom Sobieski ID Number: 136690 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview it you so choose. If you decide to have an observer present for your interview, you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period, they will not be allowed to participate in the interview. . I wish to have an observer present for my interview. I do not wish to have an observer present for my interview. Q?lzb Kilt. Di??rlrk WNATURE or SUBJECT MEMBER PRINTED NAME or SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9, as an observer you will conduct yourself during this interview according to the following guidelines, which I will read to you: Present also is (state member?s name) jag/v 4e 54902 as an observer. (State member's name) MM 444mm 137?, do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as defined in APD Directives 10.2 and 10.3)? Do you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve it they are on-duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. 50am More PRINTED NAME OF OBSERVER ARRIVAL TIME OF OBSERVER APD 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: Officer Kyle Dittrich ID: Date: June 29, 2020 Time: 2100 Location: lntemal Affairs Bureau IAB Investigator: Agent Tom Sobieski #13669 314456 Assignment: District 2 Patrol The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as de?ned in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. I intend to submit a Letter of Dispute YES 1/ Member declined IRP YES Member failed to respond to IRP notice YES @1911: (SUFject Member) 7203:9382 ($05614) Signature/ID#: 3' IAB Investigator: (Investigator) {g 6 (9c; See attached email 06/24/2010 (Date) (0/20/20 (Date) CONFIDENTIAL Internal Affairs Bureau MEMORANDUM To: Officer Jaron Jones #314466 From: Lt. C. Carlson #26215 Date: June 25, 2020 Re: Case 20-25 You are notified the Internal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation. 10.2.19 Individual Member Responsibility. 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration to your scheduled interview. Enclosed for your review is the Employee and Administrative Investigations pamphlet. According to Directive 10.2.9, you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the Internal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this noti?cation constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the Internal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension x36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any questions, please do not hesitate to contact me. g/Z internal Affairs Bureau Cc: Sgt. K. Rossi, Lt. S. Torpen, Cmdr. C. Juul Supervisor's Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the lntemal Affairs Investigator. Note: department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. If you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550; Nicoletti-Flatcr 8: Associates at 303-989-1617; or Browcr Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN Jaron Jones 26215 June 25, 2020 ?060 EMPLOYEE NAME DATE TIME An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies, procedures or directives related to the following incident(s): In 2019 in the 1700-1900 of Billings Street Include date, time and location if known This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that while on duty you were involved with other members of the Aurora Police Department in the taking of a selphie photograph at the memorial for Elijah McClain. If this allegation is proven, you could be in violation of APD Directive 14.2.1 Conduct Unbecoming. Description of the specific nature of the allegation Per Aurora Police Department Directive 10.2, as a sworn member you have specific rights and responsibilities during this investigation. You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of this investigation; and, you can be disciplined up to and including termination for refusal to answer these questions. Questions, tests or examinations related to this investigation will be narrowly and speci?cally related to your job? related performance, conduct and ?tness for duty. You are ordered not to discuss this case with any member of the department other than the investigating supervisor, an Aurora Police Association representative, a Fraternal Order of Police representative, your attorney or observer/representative while the case is active (as defined in APD Directives 10.2.) Any statements, tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. Voluntary statements or confessions made by you which are outside the scope of the investigation as de?ned above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any electronic recording of this interview to verify accuracy and context of statements. If requested, you will review and si the transcription if it is found to be accurate. 6/5/20 ($5905) BW 6/25/20 INVESTIGATING SUPERVISOR DATE BER SIGNATURE I DATE APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an Internal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 (11lh CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and OURTEENTH AMENDMENTS to the United States Constitution and rely specifically upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member: (Signature) 3mm Jon?s 0319960 (Print Name and Employee Date: 076 Investigator: (Signature) APD FM 520-333 (REV 10 D7) Aurora Police Department ACCEPTANCE OF OBSERVER CONDITIONS e? Date of form presentation: June 25, 2020 Time of form presentation: 20 {0 Presented By: Agent Tom Sobieski ID Number: 13669 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview if you so choose. If you decide to have an observer present for your interview, you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period. they will not be allowed to participate in the interview. I wish to have an observer present for my interview. I do not w' to have an observer present for my interview. \m on 3 NW, 3 MEMBER PRINTED NAME or SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9, as an observer you will conduct yourself during this interview according to the following guidelines, which I will read to you: Present also is (state member?s name) yam as an observer. (State member?s name) 1.1127 eagz?o?g do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as de?ned in APD Directives 10.2 and 10.3)? 00 you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve it they are on-duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. a? Urn-mg. 0111152141? 8 RE OF OBSERVER PRINTED NAME OF OBSERVER ZIOO ARRIVAL TIME OF OBSERVER FAIR NVESTIGATO APD 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: Of?cer Jaron Jones ID: 314456 Assignment: District 2 Patrol Date: June 29, 2020 Time: 2100 Location: Internal Affairs Bureau IAB Investigator: Agent Tom Sobieski #13669 The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as defined in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. I intend to submit a Letter of Dispute YES NO Member declined IRP YES See attached email Member failed to respond to IRP notice YES 7 Signature/ID#: W, 60/ 74/?02 0 (Subject (Date lABlnvestigator27 (fo?feC/?i) /36?6) 25/20 (Investigator) (Date) CONFIDENTIAL ?9 Internal Affairs Bureau MEMORANDUM To: Of?cer Erica Marrero #315829 From: Lt. C. Carlson #26215 Date: June 25,2020 Re: IAB Case 20?25 You are notified the Internal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation, 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration to your scheduled interview. Enclosed for your review is the Employee and Administrative Investigations pamphlet. According to Directive 10.2.9, you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the lntemal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this noti?cation constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the Internal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension x36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any questions, please do not hesitate to contact me. Internal Affairs Bureau Cc: Sgt. R. Nunez. Lt. J. D'Agosta, Capt. E. Wittman, Cmdr. J. Puscian Supervisor's Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the lntemal Affairs Investigator. Note: the department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. If you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550: Nicoletti-Flater Associates at 303-989-1617: or Brower Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN Erica Marrero 315829 June 25, 2020 213? EMPLOYEE NAME DATE TIME An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies, procedures or directives related to the following incident(s): In 2019 in the 1700-1900 of Billings Street Include date, time and location if known This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that while on duty you were involved with other members of the Aurora Police Department in the taking of a selphie photograph at the memorial for Elijah McClain. If this allegation is proven, you could be in violation of AFB Directive 14.2.1 Conduct Unbecoming. Description of the specific nature of the allegation Per Aurora Police Department Directive 10.2, as a sworn member you have speci?c rights and responsibilities during this investigation. You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of this investigation; and, you can be disciplined up to and including termination for refusal to answer these questions. Questions, tests or examinations related to this investigation will be narrowly and speci?cally related to your job- related performance, conduct and fitness for duty. You are ordered not to discuss this case with any member of the department other than the investigating supervisor, an Aurora Police Association representative, 3 Fraternal Order of Police representative, your attorney or observer/representative while the case is active (as de?ned in APD Directives 10.2.) Any statements, tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. Voluntary statements or confessions made by you which are outside the scope of the investigation as de?ned above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any electronic recording of this interview to verify accuracy and context of statements. If requested, you will review and sign the transcription if it is found to be accurate. 29120 2! (vi lx?k' 369 21532.4 6/25/20 EMBER DATE APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an Internal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 (11?h CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and OURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member: grim; Ma Wm 37/582 9? (Print Name and Employee Date: lnvestigator/ (Signature) APD FM 520-333 (REV 10 07) Aurora Police Department ACCEPTANCE OF OBSERVER CONDITIONS Date of form presentation: June 25, 2020 Time of form presentation: 2, $0 Presented By: Agent Tom Sobieski ID Number: 13669 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview if you so choose. If you decide to have an observer present for your interview. you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period, they will not be allowed to participate in the interview. g' I wish to have an observer present for my interview. I do not wish to have an observer present for my interview. gr?iC?L PRINTED NAME OF SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9. as an observer you will conduct yourself during is interview according to the following guidelines, which I will read to you: Present also is (state member's name) ?00 Boa an observer. (State member's name) . do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as de?ned in APD Directives 10.2 and 10.3)? 00 you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve if they are on?duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. 5.60%; 500ng 0 OBSERVER PRINTED NAME OF OBSERVER lateness; 213.. ID ARRIVAL or OBSERVER APD 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: Ofc. Erica Marrero ID: #315829 Assignment: D2 Patrol Date: June 29, 2020 Time: 2:00 PM Location: Internal Affairs Bureau IAB Investigator: Agent Tom Sobieski The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as defined in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. I intend to submit a Letter of Dispute YES NO Member declined YES See attached email Member failed to respond to lFiP notice YES Signature/ID#: 17 202,63 retro?t/Mam r) (Date) IAB Investigator: 7? (ma 6/ 2f: [1'0 (Investigator? (Date) CONFIDENTIAL Internal Affairs Bureau MEMORANDUM To: Of?cer From: Lt. C. Carlson #26215 Date: June 26. 2020 Re: IAB Case 20-25 You are noti?ed the Internal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation, 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration PM to your scheduled interview. Enclosed for your review is the Employee and Administrative Investigations pamphlet. According to Directive 10.2.9, you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the lntemal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this noti?cation constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the Internal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during lntemal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension X36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any questions, please do not hesitate to contact me. Internal Affairs Bureau Cc: Sgt. R. Nunez. Lt. J. D'Agosta, Capt. E. Wittman, Cmdr. J. Puscian *Immediate Supervisor?s Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the lntemal Affairs Investigator. Note: the department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. It? you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550: Nicoletti-Flater Associates at 303-989-1617: or Brewer Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN June 26, 2020 60 lyi/U. EMPLOYEE NAME DATE An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies, procedures or directives related to the following incident(s): In 2019 Include date, time and location if known This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that you received a photograph or photographs as part of a goup text depicting unprofessional conduct by members of the Aurora Police Department that would bring the Department into direct disrepute publicly, or amongst its members. There is no information that you noti?ed a supervisor about this incident. If this allegation is proven. you could be in violation of APD Directive 14.2.1 Conduct Unbecoming. Description of the speci?c nature of the allegation Per Aurora Police Department Directive 10.2, as a sworn member you have speci?c rights and responsibilities during this investigation. You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities. circumstances, events. conduct or acts which pertain to the incident which is the subject of this investigation; and, you can be disciplined up to and including termination for refusal to answer these questions. Questions, tests or examinations related to this investigation will be narrowly and specifically related to your job- related performance, conduct and fitness for duty. You are ordered not to discuss this case with any member of the department other than the investigating supervisor, an Aurora Police Association representative. a Fraternal Order of Police representative, your attorney or observer/representative while the case is active (as de?ned in APD Directives 10.2.) Any statements, tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. Voluntary statements or confessions made by you which are outside the scope of the investigation as defined above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any electronic recording of this interview to verify accuracy and context of statements. If requested, you will review and sign the transcription if it is found to be accurate. INVESTIGATING UPER ISOR 8969 6/26/20 DATE TE at: 2? APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an Internal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and FOURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member (Print Name and Employee It) Date: Oh: 1.9919090 Investigator: (EOE QI k1 8&3? (SignatureV r? I APD FM 520-313 (REV IO 07) Aurora Police Department ACCEPTANCE OF OBSERVER CONDITIONS Date of form presentation: June 26, 2020 Time of form presentation: 606 Presented By: Agent Tom Sobieski ID Number: 13669 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview if you so choose. If you decide to have an observer present for your interview, you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period. they will not be allowed to participate in the interview. wish to have an observer present for my interview. I do not wish to have an observer present for my interview. Slew SUBJECT MEMBER PRINTED NAME or SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9, as an observer you will conduct yourself during this interview according to the following guidelines, which I will read to you: Present also is (state member's name) TMV Mil/i as an observer. (State member?s name) \TI/l/xi \1 in do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as de?ned in APD Directives 10.2 and 10.3) Do you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve it they are on-duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. mmiu {/z?so 071ml or OBSERVER PRINTED OBSERVER 9 l?b0 ARRIVAL TIME OF OBSERVER INTERNAL AFFAIRS I APO 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: ID: Assignment: Date: June 29, 2020 Time: 12:30 PM Location: Internal Affairs Bureau IAB Investigator: Agent Tom Sobieski The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as defined in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. intend to submit a Letter of Dispute YES NO Member declined IRP YES See attached email Member failed to respond to IRP notice YES 9 (Date) IAB Investigator: /6m 30911? b{ 951 [20 (Investigator) (Date) CONFIDENTIAL Internal Affairs Bureau To: Of?cer Jason Rosenblatt #315112 From: Lt. C. Carlson #26215 Date: June 25, 2020 Re: IAB Case 20-25 You are notified the Internal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation. 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration to your scheduled interview. Enclosed for your review is the Employee and Administrative Investigations pamphlet. According to Directive 10.2.9, you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the Internal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this noti?cation constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the lntemal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension X36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any ions, ple 0 not 'tate to contact me. axe/V lntemal Affairs Bu7eau Cc: Sgt. Matt Brukbacher Commander Stephen Redfeam ?Immediate Supenlsor's Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the Internal Affairs Investigator. Note: the department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. If you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550: Nicoletti-Flater 8: Associates at 303-989-l6l7: or Brower Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN Jason Rosenblatt 315112 June 25, 2020 Ft '5 EMPLOYEE NAME DATE TIME An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies. procedures or directives related to the following incident(s): Approximately March of 2020 Include date, time and location if known This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that you received text messages and/or photographs depicting unprofessional conduct by members of the Aurora Police Department that would bring the Department into direct disrepute publicly, or amongst its members. There is no information that you noti?ed a supervisor about this incident. If this allegation is proven, you could be in violation of APD Directive 14.2.1 Conduct Unbecoming. Description of the specific nature of the allegation Per Aurora Police Department Directive 10.2, as a sworn member you have speci?c rights and responsibilities during this investigation. You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of this investigation; and. you can be disciplined up to and including termination for refusal to answer these questions. Questions, tests or examinations related to this investigation will be narrowly and speci?cally related to yourjob- related performance. conduct and ?tness for duty. You are ordered not to discuss this case with any member of the department other than the investigating supervisor, an Aurora Police Association representative, a Fraternal Order of Police representative, your attorney or observer/representative while the case is active (as defined in APD Directives 10.2.) Any statements. tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. Voluntary statements or confessions made by you which are outside the scope of the investigation as defined above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any electronic recording of this interview to verify accuracy and context of statements. If requested, you will review and sign the transcription if it is found to be accurate. 6/15 20 DATE 5m, 6/25/20 DATE APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an lntemal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truth?il and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 (11"1 CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and FOURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member: 1. Ign Jpn?! QM (Print Name and Employee Date: (Cali I70 I Investigator: APD FM 520~333 (REV I0 07) Aurora Police Department ACCEPTANCE OF OBSERVER CONDITIONS Date of form presentation: June 25, 2020 Time of form presentation; Presented By: Agent Tom Sobieski to Number: 13669 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview if you so choose. If you decide to have an observer present for your interview, you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period, they will not be allowed to participate in the interview. I wish to have an observer present for my interview. I do not wish to have an observer present for my interview. Jason Rosenblatt Slo?n??i or SUBJECT MEMBER PRINTED NAME OF SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9, as an observer you will conduct yourself during this interview according to the following guidelines, which I will read to you: w} Present also is (state member's name) 3? as an observer. (State member?s name) vrof . do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as defined in APD Directives 10.2 and 10.3)? Do you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? . The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve if they are on?duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. WW gm PRINTED NAME or OBSERVER a ARRIVAL or OBSERVER APD 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: Officer Jason Rosenblatt ID: 6% Assignment: DistrithPatrol 5 Date: June 29,2020 3/ :2 Time: 2100 Location: Internal Affairs Bureau IAB Investigator: Agent Tom Sobieski #13669 The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as defined in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. I intend to submit a Letter of Dispute YES NO Member declined IRP YES See attached email Member failed to respond to IRP notice YES Signature/ID#: 2 (D 07 I ?50 ject ber atel IAB Investigator: m0 (5096167 /2.0 (Investigator) (Date) CONFIDENTIAL Internal Affairs Bureau MEMORANDUM To: Of?cer Nathan Woodyard #314452 From: Lt. C. Carlson #26215 Date: June 25, 2020 Re: Case 20-25 You are noti?ed the lntemal Affairs Bureau has been directed by the Chief of Police to investigate possible violation(s) of Department Directives or City Policies.The allegations involve the following Directives or Policies: 14.2.1 -Conduct Unbecoming It is your responsibility to review Directives 10.5 Rights of Members Under Adminstrative Investigation, 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration to your scheduled interview. Enclosed for your review is the Employee and Administrative investigations pamphlet. According to Directive 10.2.9, you have the right to have a sworn member present as an observer during your interview. Should you choose to have an observer present you are hereby notified the lntemal Affairs Bureau will not be able to guarantee con?dentiality of your case details. Please consult the Directives for further information concerning observers, before your interview. Receipt of this notification constitutes an order that you shall not discuss the matter under investigation with any member of the Aurora Police Department or any person you know or reasonably should know will be interviewed as a witness by the Internal Affairs Bureau. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews or Disciplinary Hearings. Upon receipt of this letter you are directed to call me at extension X36070 to schedule an interview. You are authorized to review any reports and body camera video prior to your interview. Should you have any questions, please do not hesitate to contact me. lntemal Affairs Bureau Cc: Sgt. J. Beuthel, Lt. M. Garland, Capt. C. Lertch, Act. Cmdr. R. McGregor *lmmedtate Supervisor?s Responsibility: Con?rm with subject member receipt of their noti?cation memorandum and have the member contact the Internal Affairs Investigator. Note: the department recognizes that receipt of a noti?cation from the lntemal Affairs Section may cause some members stress. If you feel you need to talk to someone you can contact the Peer Support line at 303-739-7550; Nicoletti-Flater Associates at 303-989-1617; or Brower Police Services at 720-222-3400. Aurora Police Department NOTICE OF INVESTIGATION - SWORN Nathan Woodyard #314452 June 25, 2020 1 0 EMPLOYEE NAME DATE TIME An administrative investigation is being conducted into the allegations of possible violations of City of Aurora or Aurora Police Department policies, procedures or directives related to the following incident(s): Approximately March of 2020 Include date, time and location if known This investigation is being conducted to determine whether or not the following directive violations occurred involving your conduct: There are allegations that you may have knowledge of or been involved with text messages and/or photographs depicting unprofessional conduct by members of the Aurora Police Department that would bring the Department into direct disrepute publicly, or amongst its members. There Is no information that you noti?ed a supervisor about this incident. If this allegation is proven, you could be in violation of APD Directive 14.2.1 Conduct Unbecoming. Description of the specific nature of the allegation Per Aurora Police Department Directive 10 2, as a sworn member you have specific rights and responsibilities during this investigation You are being compelled by an Aurora Police Department supervisor to completely and truthfully answer questions or provide a written statement relating to your activities, circumstances. events, conduct or acts which pertain to the incident which is the subject of this investigation; and, you can be disciplined up to and including termination for refusal to answer these questions. Questions. tests or examinations related to this investigation will be narrowly and specifically related to your job- related performance, conduct and ?tness for duty. You are ordered not to discuss this case with any member of the department other than the investigating supervisor an Aurora Police Association representative. a Fraternal Order of Police representative your attorney or observer/representative while the case is active (as defined In APD Directives 10.2.) Any statements. tests or examination results gained from this investigation may be used against you in a disciplinary, administrative or civil proceeding, but will not be used against you in any subsequent criminal action. Voluntary statements or confessions made by you which are outside the scope of the investigation as de?ned above may be admissible in subsequent criminal actions. You have the right to electronically record or take notes during this interview. The investigating supervisor will retain all tapes or notes created during a preliminary investigation. The Aurora Police Department reserves the right to transcribe any electronic recording of this interview to verify accuracy and context of statements. If requested you will review and he transcription If It is found to be accurate 7 Bee SUPERVISOR II ?psiusw/zs/zo DATE MEMBER DATE APD 112 (Revised 12.23.2019) INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an lntemal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for lntemal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States V. Veal, 153 F3d 1233 (11lh CA. 1998)). If the information I am ordered to provide is used for any purpose other than an lntemal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and FOURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack V. Klien, 385 US. 551 (1967); and Gardner V. Broderick, 392 US. 273 (1968). will (Signalure) IQ 'SWll-lgl. (Print Name and Employee Date: 7.02.0 (So MW 8669 APD FM 520-333 (REV IO 07) Aurora Police Department ACCEPTANCE OF OBSERVER CONDITIONS Date of form presentation: 6/25/20 Time of form presentation: 70 2 Presented By: Det. Tom Sobieski ID Number: 136690 For Accused Member: As an accused member subject to a preliminary investigation you are entitled to have an observer present during any interview if you so choose. If you decide to have an observer present for your interview, you must have the observer present and ready for participation in the interview within 30 minutes from the time the investigating supervisor presents you with this form. The interview will commence at the expiration of 30 minutes regardless of whether the observer is present or not. Should the observer arrive after the 30-minute allotted time period, they will not be allowed to participate in the interview. I wish to have an observer present for my interview. I do ot wish to have an observer present for my interview. Dem-mm Naomi \r SUBJECT MEMBER PRINTED NAME OF SUBJECT MEMBER OBSERVER CONDITIONS For Observer: Per Directive 10.2.9, as an observer you will conduct yourself during this interview according to the following guidelines, which I will read to you: 4 Present also is (state member?s name) broth? err/L?. as an observer. (State member?s name) 00 do you understand that you are here as an observer and cannot offer advise, counsel or interfere with the interview in any way or you will be ordered to leave? 00 you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active (as defined in APD Directives 10.2 and 10. Do you understand that material(s) present in this room during the course of the interview is not available for your review, perusal or access without the consent of the controlling investigator? Do you understand you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Do you understand your presence here is a privilege extended to you by the Chief of Police, and violation of any of these guidelines may result in forfeiture of this privilege? Are you recording this interview yourself? The Observer also acknowledges that they have received permission from a supervisor to attend this interview and will be allowed use of duty time to serve if they are on-duty. The observer acknowledges that they will receive straight-time compensation for time spent in an observer role if they are off-duty. LL 906125ch [3w (ea; INTERN AF ARRIVAL TIME OF OBSERVER APD 111 (Revised 01.10.2020) IAB #20-25 FINAL INVESTIGATIVE REVIEW PROCESS (IRP) Name: Ofc. Nathan Woodyard ID: #314452 Assignment: DZ Patrol Date: June 29, 2020 Time: 4:00 PM Location: Internal Affairs Bureau IAB investigator: Agent Torn Sobieski The Investigative Review Process is concluded. I understand I may not discuss the investigation with any unauthorized persons while the case remains active, as defined in Directive 10.2. I understand I have seven calendar days from today to submit a signed Letter of Dispute. I intend to submit a Letter of Dispute YES NO Member declined IRP See attached email Member failed to respond to IRP noti Signature/ID#: '5??qu (01(1?t( 161.0 (Sdbject ber) (Date) IAB Investigator: 9( (3 egg (o (Investigator) (Date) CONFIDENTIAL Internal Affairs Bureau MEMORANDUM To: Officer From: Sergeant Chris Cruser 27239 Date: June 25, 2020 Re: Case 20-25 You are notified that the Internal Affairs Bureau has been directed by the Chief of Police to investigate a complaint. which will require that you be interviewed. This interview is in the capacity of a WITNESS ONLY. There is no indication at this time that you are involved in any misconduct. The allegation concerns the following Department Directives: Directive 14.2.1 Conduct Unbecoming Directive 14.2.2 Making a False or Untruthful Declaration Upon receipt of this notice, you are directed to contact me at extension 6071 to arrange for an interview. You are also given notice that you are being ordered that you shall not discuss the case with any member of the Aurora Police Department or any person you know or reasonably know will be interviewed as a witness by the lntemal Affairs Bureau. Please review Directives 10.5 Rights of Members Under Adminstrative Investigation. 10.2.19 Individual Member Beeponsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration grior to your scheduled interview. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews. Should you have any questions regarding this investigation, please contact me directly. 9?ng Sergean't Chris Cruser 27239 lntemal Affairs Bureau INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an Internal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for Internal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States V. Veal, 153 F3d 1233 (11'h CA. 1998)). If the information I am ordered to provide is used for any purpose other than an Internal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and FOURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack V. Klien, 385 US. 551 (1967); and Gardner V. Broderick, 392 US. 273 (1968). Member: IPnnt Name and Employee Date: (gr/(Q Investigator: 0 (Signature) APD FM 520-333 (REV IO 07) CONFIDENTIAL Internal Affairs Bureau MEMORANDUM To: Sergeant Marc Sears 27245 From: Sergeant Chris Cruser 27239 Date: June 25, 2020 Re: IAB Case 20-25 You are notified that the Internal Affairs Bureau has been directed by the Chief of Police to investigate a complaint, which will require that you be interviewed. This interview is in the capacity of a WITNESS ONLY. There is no indication at this time that you are involved in any misconduct. The allegation concerns the following Department Directives: Directive 14.2.1 Conduct Unbecoming Directive 14.2.2 Making a False or Untruthful Declaration Upon receipt of this notice, you are directed to contact me at extension 6071 to arrange for an interview. You are also given notice that you are being ordered that you shall not discuss the case with any member of the Aurora Police Department or any person you know or reasonably know will be interviewed as a witness by the Internal Affairs Bureau. Please review Directives 10.5 Rights of Members Under Adminstrative Investigation, 10.2.19 Individual Member Responsibility, 14.1.1 Lawful Orders, and 14.2.2 Making a False or Untruthful Declaration Qrior to your scheduled interview. You should also be aware that Directive 10.2.20 prohibits members from being armed during Internal Affairs interviews. Should you have any questions regarding this investigation, please contact me directly. fir? 6.24., am; Inte?fnal ?fVairs Bureau INTERNAL ADMINISTRATIVE INVESTIGATIVE ADVISEMENT (GARRITY WARNING) I understand that I am being ordered by the authority of the Chief of Police to answer questions and/or provide a written statement in connection with an lntemal Administrative Investigation. I understand that my answers to those questions and/or my written statement must be truthful and complete. Although the scope of the questions asked and/or my written statement provided is limited to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation, I must answer truthfully and completely all questions asked of me. Failure to do so will result in discipline, which includes termination. It is my belief and understanding that the Aurora Police Department is requiring this information solely and exclusively for lntemal Administrative purposes. The information I provide shall remain con?dential and no truthful information will be used in any criminal proceeding against me. (See, United States v. Veal, 153 F3d 1233 (11?h CA. 1998)). If the information I am ordered to provide is used for any purpose other than an lntemal Administrative Investigation, I hereby invoke my constitutional right to silence under the FIFTH and OURTEENTH AMENDMENTS to the United States Constitution and rely speci?cally upon protections afforded me under the holdings in Garrity v. New Jersey, 385 US. 493 (1967); Spevack v. Klien, 385 US. 551 (1967); and Gardner v. Broderick, 392 US. 273 (1968). Member: (Signature) 4/2 6 52hr; D724/r? (Print Name and Employee Date: 6 :23? 20 Investigator: Zigc?z ?g 5/ /j6l{7 APD FM 520-333 (REV IO 07) n?n? t-?O MN OOxl A NN 0-) A Cruser: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 - 3:09 PM IA Case# 20-25 Page I You get it. I think you got it? Yep. All right, I?m Tom Sobieski of the Internal Affairs Bureau. Today?s date is June 25th, 2020, the time is 1509 hours. This?ll be an interview of Sergeant Marc Sears in regard to IAB Case Number 20-25. Sergeant Sears will you please identify yourself with your ID number and present assignment? 27245, Sergeant of the Neighborhood Policing Unit. Have you read and signed the Garrity form? I have. Do you have any questions about it? I do not. I?m going to sign as the investigator. And you aware you?re the that you are not the subject of this investigation? I am. Are you familiar with the Lawful Order directive? I am. Do you understand that you are being ordered by the Chief of Police to answer my questions completely and truthfully? Yes. If you refuse to answer my questions, answer untruthfully or omit any material facts you will be subject to disciplinary action. You understand that you are also ordered not to discuss this case with any member of the department? Yes. Do you understand this room is monitored with audio and video equipment? Yes. Are you recording this interview yourself? No. Um, you just received a IAB memo. It has some directives noted on there, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration and Individual Member Responsibility. Do you have any questions about any of those directives? I do not. Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM 1A Case# 20-25 Page 2 Okay. Um, tell me about, urn, there was an incident that occurred at the, uh, FOP board meeting this afternoon. Correct. What what time was that meeting? It started at 1000 hours, at the, uh, District 2 on the 3rd ?oor in the conference room, which I think is on the Northeast comer of the building. Okay. Urn, who was all present? Uh, I?m just gonna write down That?s ?ne. forget obviously myself was there, uh, my Vice President Mike lovine was there. My second VP Scott Benedict was there. Um, our treasurer, ad Lanigan was there, Captain Lanigan. Our past president, uh, William Revelle was there. Um, our trustee Chris or Ralph Knight. Um, our . And our Grievance Steward, uh, was Aaron Gallagher. Our secretary, Elizabeth McClem. And then we also have, uh, our Dispatch Liaison, who is, uh, Stephanie Kems. And our second trustee, who is Cody Lanier. (Counting). I think that?s it. Okay. Are the meetings recorded in any way? No. Were you on or off duty? I was off I was off duty. Off duty, so you were acting as the the President of the Correct. Okay. Uh, uh, what I understand is during that meeting some information came to light that, um, caused some concern, can you tell us about that? Yes, uh, it was during new business that we were conducting and, uh, we were getting ready to conclude the meeting actually and, um, my said that he had a concern that he wanted to share or new business that he wanted to share, I can?t remember the exact verbiage he used. But he brought to our attention that he was at a social engagement with Of?cer Rosenblatt and they were talking discussing things, Of?cer Rosenblatt who, uh, I believe he was one of the of?cers that was involved in the, uh, Elijah McClain incident. And he said that he needed to tell him something and he explained to him that he received an unannounced, uh, text message via his phone, with some pictures of some of our of?cers that were around the ar- Elijah McClain?s gravesite. And that he when it was being explained to him that they said it was more of like a a jovial sense that they were poking and joking, uh, laughing, uh, 100 101 102 103 104 105 106 107 108 109 Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page 3 and 1? I asked him if if there was a a certain if he if he was told about any certain things that were said and he said, ?No, I - I wasn?t?, and I asked him if he saw the pictures and he?s like, ?No, I didn?t see any of the pictures at all, he had just told me that this occurred.? Which raised huge, huge concern for me. Okay. What?d you do next? So I discussed, uh, I think I don?t necessarily think it was as a board, 1? I remember speci?cally getting up and going walking over to Bill Revelle, we were talking about how we were going to, um, how we were going to address the situation. Knowing that, uh, Of?cer Rosenblatt is not a an FOP member, but it certainly became an issue, I went and I walked over to Bill Revelle, who was the past president, and there were people that were discussing I guess amongst each other different things that they were thinking of I couldn?t hear everything that everybody was saying, I was having a conversation with, uh, Sergeant Revelle, and we basically came to the came to the conclusion that this had to be brought to attention. Uh, to to the command, and and looked into. Okay. then, uh, I think I think contacted Of?cer Rosenblatt, who is down at District 3. And we asked him if he could - or I didn?t I should say, uh, asked him if he could meet with us and that it was an important matter that we needed to discuss with him. I don?t know exactly what transpired during their phone conversation but, uh, explained to me that he could not leave District 3 because his Sergeant was on vacation and if we could meet with him then he would be okay with that. So we then, uh, we?re You said . you meant Rosenblatt? No, was telling me what transpired in their conversation. Okay. So told me that Rosenblatt stated to him he couldn?t meet with Yeah, you said couldn?t Oh, I apologize. I just wanna - I just wanna make sure I get the facts Right, right, right, right. Rosenblatt said he couldn?t leave. Rosenblatt said Okay. 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC SEAR: Interviewer: Agent Torn Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page 4 leave because his sergeant was on vacation, and if we came down there he would be willing to meet with us. Okay. Or meet with I don?t know who he said he would meet with but, I thought it was it was, uh, important for me to go down there, so I went with, uh, and I went with Vice President Iovine, Of?cer Iovine, and we met with him in in his of?ce over in District 3. Met with. .. Met with Rosenblatt. OkayDistrict 3. We were in his of?ce behind closed doors. Of?cer started explaining to him the the issues or why we were there, and Rosenblatt said to him, ?Well how did you ?nd out about this?? And I- I I recall saying, ?Well you told me about this?. And he was like, ?No I didn?t. How did you ?nd out about it?? And I immediately saw in my it was my impression that - that Of?cer Rosenblatt became very defensive, um, was trying to explain to him, ?Hey listen,? uh, ?you know we?re here to to help and and try to ?gure out what?s going on.? And he got a little bit more defensive and you can see he was shuttin? down so I said, ?Hey listen, let me explain something to you. I I?m not it?s not your fault that you received text messages from somebody, right?? So I said, ?But it it is important what the contents of those text messages were. And, uh, ?We wanna make sure that if in fact these allegations are true, that it?s dealt with appropriately?. At that point in time, um, I was getting a phone call from Deputy Chief Glidden about a completely separate incident. And Mike Iovine I asked to be excused, 1 just said, ?Excuse me for a moment while I take this call, it?s Chief Glidden? and Of?cer Iovine was standing with his back towards the door of the of?ce, and he said, ?Listen, let me explain something to you. Marc and I have been in the media quite a bit lately, and our faces are out there, and we have citizens that are posting things on Facebook about our addresses, having people go to our houses and ?nd us off duty, and this is a very serious accusation that?s being made, and we need to get in front of it.? I stepped out right after that happened, and Of?cer Iovine never raised his voice, he never threatened him or said anything to him, he was just explaining the situation. I stepped out, I talked to Deputy Chief Glidden and I explained to him that, ?Sir, can 1? can I please get off the phone with you, I I have an emergency that I?m dealing with right now, that I?m probably gonna talk to you here about in a minute?, uh, and he excused me. At that time I saw, uh, and Of?cer Iovine come out of the of?ce. And they went into the, uh, what do you call it, the main hallway at District 3 I guess is a good example? Or a good INTERVIEW WITH MARC Interviewer: Agent Tom Sobicski 06/25/2020 3:09 PM IA Case# 20-25 Page 5 152 description, and, uh, I started talking with with and Iovine, 153 and at the same time what we were trying to do was we were trying to meet 154 with, uh, Of?cer Lutkin Judy Lutkin, because I knew that she was the 155 President of the labor organization that he belongs to. 156 Sobieski: Okay. 157 Sears: Uh, as as Of?cer Lutkin came down the hallway, we started to touch base 158 with her, and Off- Of?cer Rosenblatt came out of - out of the the back 159 area of District 3 there, and asked Judy if he could meet with her prior to us 160 talking with him. To her. Of?cer Lutkin went in the back with, uh, Of?cer 161 Rosenblatt, I I wasn?t part of that conversation, I don?t know what 162 happened and then at that point in time, I was talking with 163 and Iovine and was expressing his frustration about 164 Rosenblatt lying right in front of him right in front of his face, and then 165 lying to us. About how this information got relayed to . So at that 166 point in time I had, uh, um, I had I had gotten a call or I may have called 167 Chief Glidden, I can?t remember - but I got on the phone with Chief 168 Glidden, and, uh, I said, need to e- I need to talk to you guys about what 169 has just transpired, and, uh, and I?m sorry, let me back up. Before 170 talking with Chief Glidden again, I immediately called Interim Chief 171 Wilson. And I said, ?Ma?am, there?s a serious situation that?s 0- 172 allegations that are being brought up that we need to discuss?. 173 Sobieski: Okay. 174 Sears: She just said, ?Hey can you give me a brief a brief overview of it real 175 quick? Um, I?m getting ready to go into two meetings back-to-back that I 176 can?t miss?. ?Yes ma?am.? I gave her a very brief overview of what it was, 177 she was taken aback by it and she asked me to call Chief Glidden and 178 discuss it with him, and also have on the phone call. So I 179 called Chief Glidden, I asked if we could - if he could get into an 180 environment where would be there as well. They, uh, called 181 me back ?ve, ten minutes later and I explained the incident to them in the 182 detail that I?ve explained to you. Uh, they I asked - I know that I asked 183 at one point if he ever saw these pictures and he said that he - he 184 never did see ?em, it was just all verbal stuff that he was getting from 185 Of?cer Rosenblatt. So at that point, um, when I was on the phone with the 186 both of the Chiefs, uh, Of?cer Lutkin was coming talking with Of?cer 187 Iovine and . I wasn?t privy to that conversation at all. Um, 188 they just explained to me once I ?nally got off the phone with them, they 189 said that, you know, Miss - that Of?cer Lutkin said you know, ?It it?s not 190 illegal for him to be at a gravesite?. And little taken aback by that 191 statement, considering what the actual nuts and bolts of this were, so, uh, 192 Chief Glidden then asked me - he said, ?Hey listen, I need to have 193 something in writing about this.? ?Not a problem sir?. Uh, I said, ?We?ll I 194 I?ll get it to you as soon as I can. Let?s just ?nish up here?. I started to 195 I96 I97 198 199 200 20212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Cruser: Sears: Sobieski: Sears: Cruser: Sobieski: INTERVIEW WITH MARC Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page 6 leave the myself, and Of?cer Iovine the- started to leave District 3, I received a call from, uh, Chief Parker, saying ?Hey are you guys still at District I said ?No sir, I just left?. And he said, ?Well, good that you guys are leaving, because Of?cer Lutkin is talking to the Watch Commander? who I think was McKinney? I think? Rex was the was the Watch Commander, and there was some comments that were made about us being down there and conducting business or whatever. ?Sir? - and he said it ?It?s okay Marc, as long as you guys are gone it?s no big deal?. I made arrangements with him to meet Chief Parker at Headquarters, in the Chiefs of?ce. I went to the Chief?s of?ce and I sat down at, uh, one of secretary?s desks that wasn?t there. I generated the, uh, the email to Chief Parker, Chief Glidden and and I cc?d I believe I just cc?d, uh, Interim Chief Wilson on it. And then, um, and that was about and then I saw Commander Dudley and Lieutenant, uh, Carlson coming out of Chief Glidden?s of?ce. Lieutenant Carlson asked to speak with me. I spoke with her and she just said, ?We?re we?re gonna have to call you in to be a witness?. And I said, ?Yes ma?am, that?s ?ne. Whatever you need.? Okay. So we?re talking about the email you sent, is that the email that you sent to the Chiefs? And then you forwarded Then I forwarded and Sergeant Cruser? Correct, this (unintelligible) That is the one you authored? Okay. Yes. Um, what time do you think you got down to District 3, do you remember? Approximately? I think our meeting was done at noon, so maybe maybe I got down there at 12:30 maybe. Okay. Totally a complete estimate. You I?m sorry you got done at D3 at noon? No-no-no, I got down - did you say ?got down? to Or done at Yeah what time did you get down there approximately? I got down there approximately 12:30 I think, 12:30, 1:00 maybe. I?m sorry. Did and you were were present for the conversation with Rosenblatt. Part of it. 232 233 234 235 236 237 238 239 240 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page 7 Part of Except for when you describe that you stepped out. Correct. So you walk in the room, can you can you provide as much details about what he said as you can remember? Was it recorded did anybody record No, no I did not record Okay. and I don?t I don?t know if anybody else recorded it, [don?t believe that anybody did. Okay. Um, so it it?s one of the small it?s one of those Sergeants of?ce that?s kinda set back from all the cubicles. It?s probably so anyway he was on the very South end of that, we went into that of?ce, the door was closed, I sat down in the chair, almost probably identical to this or similar to this. In front of him he he was behind his desk, uh, was my to my immediate right. And I think he was standing uplike a partition I wanna say, or his computer or something. Of?cer Iovine was immediately to my left, and he had his back within four or ?ve inches of the door. Stepped back behind me actually. And, uh, and started talking and he - I remember I remember Of?cer Rosenblatt saying, ?How did you ?nd out about this?? Okay. Did Rosenblatt deny it? He didn?t he denied telling about the incident. But he didn?t deny getting this getting the pictures, and he actually stated that he had erased those pictures. From his phone. Okay. Rosenblatt stated he erased the pictures? Correct. While you were talking to him? Yes. Okay. Anything else you can remember he said? Um, he I remember him inquiring, I don?t remember exactly what he said, but I remember him inquiring about maybe he wasn?t inquiring he he became defensive so he started saying things like, uh, you know, ?Why why why is this a big deal?? or ?How - how is this gonna get out? How would it get out?? and ?cause there was a conversation that 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM 1A Case# 20-25 Page 8 was had of like, ?Do you understand what would happen if these pictures and whatever they are, and they?re not? and I don?t know, Idon?t I don?t all I know is that they weren?t uh, it was described to me as they weren?t like mourning the death of of Elijah, they were poking fun and laughing, and 1? and there was the comment that was made of ?Do you understand how this if this gets out, how serious this is?? And he goes, ?Well how would it get out?? and I was I said, ?The three people in this room already know about it, and you?re not we none of us were there, we didn?t even know this transpired.? And he said and he used some kind of some it sounded like a technological term of how he erased this, to where it wouldn?t be discovered. And and I was like, ?Okay, well this is gonna get out, there?s plenty of things that very easy for this to get out?. And based on him saying that he didn?t - he I I don?t know if he lied but maybe he didn?t recall that he told about this directly to his face. I said, ?Listen, you you?ve already told about this. And we know about it now.? And was standing right there. Right. And so and he was like, ?Well I just don?t understand why how this could get out.? And and and he he made it sound like he didn?t think it was that big of a deal, like almost like downplaying it to a point to where he was being defensive about it, he - and he didn?t say anything about it. So that?s when I got up and I was literally in that room for maybe three minutes? Okay. Three to five minutes. How long do you think the total meeting was with Rosenblatt? With the other guys too you mean? Yeah. Um, maybe a total of 10 minutes at the most. Did was there yelling, No No yelling, no screamingwas literally no further than 10 feet away from the door. Uh, I never heard any yelling, I never heard any screaming, uh, there was a comment that was made by Of?cer Lutkin, to Of?cer Iovine that Rosenblatt said Mike had his Officer Iovine had his ?sts clenched, and he was standing over him, uh, over his desk, and he was yelling at him. And that never happened when I was there. At all. 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 Sobieski: Sears: Sobieski: Cruser: Sears: Cruser: Sears: Cruser: Sears: Cruser: Sears: Cruser: Sobieski: Sears: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page 9 Um, the part about poking fun and laughing at the gravesite. You received that information from That was his take on Yes. Okay. Um. .. Do you, um, do you have an idea of when apparently got this information from Rosenblatt? I don?t - the only thing I don?t know when he got that information, all I know is that I speci?cally asked when did the meeting occur at the gravesite, and it was explained to me that the timeframe was pre-the Minneapolis incident with the with the of?cer using - putting his knee on the guys? neck. Okay. Um, that?s all I know, I I don?t I don?t remember I don?t even think I might not even have asked that from Okay. Um, and when you went down to District 3 and you met with Rosenblatt, what was your were you in civilian clothes, were you in your Sergeant?s Just like this. Okay. Just like this. Which for the record black shorts, and my under blue undershirt for patrol. Okay. And just for the record as well you were still off duty when you went to Do you remember? I 1 I I think I was off duty, I mean no, ifI got there at 12:30 then I would?ve been on duty, because I called I called Lieutenant Parvin, my direct supervisor and I said, ?Hey there?s an emergency situation that came up, and I?m not gonna be able to meet with you until after I?m done with it?. And he was like, ?Oh, it?s it?s really not that big of a deal, okay do it.? And and keeping in mind there?s a special order that?s on in place within within Power DMS, and I think the last time it was updated was when Dan Oates was still here, that allows us to accomplish, uh, labor activities while we?re on duty. So but I still called my immediate supervisor just to say, ?Hey, I?m not gonna be up there?, um, and we were supposed to have a meeting at 12:30 so I know it was right before 12:30 when I called him to tell him that, as a matter of fact I think it was - I was like I got ten more minutes to get over there but so I called Lieutenant, said, have an emergency situation?, and I knew I didn?t discuss it with him just knowing the severity of what the allegations were. 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC Interviewer: Agent Tom Sobieski 06/25/2020 - 3:09 PM IA Case# 20-25 Page 10 And just to be clear, uh, the one that called Rosenblatt and set up the meeting at D3. Yes. Okay. I?ll be right back. Yep. Interview pauses at 00:23: l8 Sears: Cruser: Sears: Cruser: Sears: Cruser: Sears: Cruser: Sears: Remind me not to forget to add somebody to this, that I just remembered. Okay. All right. This has gotta stop in here. Yeah I?m not sure how much longer we?re gonna have to keep going (unintelligible). (Unintelligible). I mean even when they add those, the city allows the (unintelligible) people now, that you can have in a Mm-hm. don?t think there?s anything in there that says that you have to wear a mask. I don?t know It isn?t much. I?m a little bit guilty of that. (Unintelligible) contact with people outside of your direct of?ce space. Okay. Interview resumes at 0:25:51 Sobieski: Sears: Sobieski: Sears: Sobieski: Does do you know does Officer Rosenblatt, does he know you, does he know you?re a - a Sergeant here? I have no idea. Okay. Did you in- introduce yourself to him or at all No. Not that I recall. I mean I just not that I recall, I mean I I assumed that the large the vast majority of this Police Department knows just because I?m the President of the FOP, that they know who I am. And they know what?s that as a Sergeant, um, I I but I never introduced him to answer your question. Okay. Did you speci?cally yourself and, uh, did you ask him Rosenblatt any questions that he answered that you would?ve asked? 10 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 40 1 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page ll No. No, and as a matter of fact, I didn?t ask him any questions about like ?Hey what what did the pictures look like?? or ?Did these pictures happen?? I didn?t ask him anything. I speci?cally explained to him the importance and severity of this, and quite honestly I started recalling the fact that, uh, a while months ago, I I know it was this year sometime, obviously it was after the McClain incident that occurred, but I wasn?t going to ask any questions because I remembered and - and if I remember correctly I I told Of?cer Iovine and that I?m not going in there to ask any questions and do any more kind of an investigation because I remembered that there was an incident that came up, about a preservation of the evidence letter, that was issued to those of?cers involved in in the McClain incident, and there was a there was a thought process that I said, ?This this could potentially be criminal, if they were given an order by the court or whoever that order came from, I didn?t receive it, but I had knowledge of it through the City Attomey?s of?ce, that a preservation of letter order was given to them, and I didn?t know the capacity of that, and I didn?t know if it?s issued by the court or it was just something that the City Attorney said, but there was the thought process that I had was that because of that preservation of letter evidence, this is potentially - could potentially be criminal, so I?m not I?m not asking any questions about it at all. Okay. Did Rosenblatt mention the preservation letter at all? No. That ever come up? No. Did anybody else mention it? No. It was and I don?t think I even said anything to anybody about I might I do- I don?t I didn?t say anything to Rosenblatt about it, at Okay. - I was literally in there for a very, very short time. Did did he receive any information about who may have been in the photos, what was shown, did he tell you Yes, he said that he was told not he didn?t see ?em, like he Yeah. he told me. He told me that it was, uh, Kyle Dittrich, um, Of?cer Woodyard, and I?m gonna probably can I refer to the letter that I have? You can. I think I put ?em in there. Okay. Um, yep, Of?cers Woodyard, I think it?s pronounced Marrero, and Dittrich. ll 419 420 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 Sobieski: Sears: Sobieski: Cruser: Sears: Cruser: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Cruser: Sears: Cruser: Sears: Cruser: Sears: Cruser: Sobieski: INTERVIEW WITH MARC SEARS Interviewer: Agent Torn Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page l2 Did he tell you anything about what the how many pictures there were or was what the photo showed, anything like that? No, and I don?t I don?t know if Justin even knew that, ?cause like he told me he did- he never even saw ?em. Okay. You had a name you wanted to Oh, the meeting? people that were at the meeting, I forgot to add and like it?s really irrelevant but just to Cody Lanier had his small daughter there. Um, that was she?s like 4. Okay. That was that was in the room. Um, and this was a a conversation that everybody that was in the room heard? Um. .. You think they heard about they heard I know that Captain Lanigan got up and walked out to use the bathroom at one point and so I can say that with the exception of Captain Lanigan, I know that everybody else was in the room, and they were de?nitely within they de?nitely had the ability to hear what was saying. Right. Because in those meetings sometimes their their mind starts wandering, they get on their phones Right. they?re doing their thing. Um, but those were the people that were in the room that would have had the ability to hear what was being said. Okayand with Captain Lanigan I I can?t necessarily say that that he heard all of it, because I remember him getting up and walking out of the room. Okay. All right. Um, anything else? Anything else you can think of that I haven?t asked or that may be important that you know of? 12 454 455 456 457 458 459 460 492 Sears: Sobieski: Sears: Cruser: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: Sobieski: Sears: INTERVIEW WITH MARC Interviewer: Agent Tom Sobieski 06/25/2020 - 3:09 PM IA Case# 20-25 Page 13 No, I covered the preservation of evidence, which is why one of the biggest reasons why I didn?t do. Um. .. Can you caution your board members on con?dentiality please? Oh, yeah yeah, absolutely. And and th- and here?s the thing is that, you know, there?s con?dentiality within within our board with our board meetings right? Um, and I?ve never experienced any of the board members divulging any kind of information that w- that we address during any of our of our meetings that we have. But it was even said prior to leaving, and I know I don?t have to say this, because we have that caveat when we?re in there, this this isn?t discussed. Because at that point in time, there really wasn?t, uh, it was just an accusation, right? Sure. and after talking to Rosenblatt, obviously listening to what he said, there was actually some pictures that were that were - that he received, what those were I don't know. Uh, and what c- was contained in ?em I don?t know but I - I can assure you that these they are they are all very well aware of the con?dentiality behind this. Okay. What I?m concerned about for - for the record, what I?m concerned about is that when I look back on it now, is there a way that I could?ve done this better? I think I was screwed either way I did this, um, however I know that there were higher-ranking individuals that were in the D- District 3 building, and they were sending emails that the labor organizations were together about an employee issue. Um, so I?m just concerned that this this is just gonna start getting further and furtherknow that we didn?t discuss this, every time we - any time I was discussing this I was behind closed doors, so when I was on when I was on the call with the Chief?s, um, I was in the rollcall room at District 3, and I had the door closed and nobody was in there. When I talked with Rosenblatt and Iovine and we were in his of?ce like I said with the door closed, and when when I was talking to, uh, and Iovine, we were in the, uh, comer conference room of?ce, by ourselves, with the door closed. Okay. Sol? Do you know - did did Of?cer Rosenblatt tell who had texted him the photos? No, he didn?t tell me that, He didn?t tell you? didn?t tell me who it was that sent them to him. 13 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 Sobieski: Sears: Sobieski: Sears: Sobieski: Cruser: Sobieski: Sears: Sobieski: INTERVIEW WITH MARC SEARS Interviewer: Agent Tom Sobieski 06/25/2020 3:09 PM IA Case# 20-25 Page [4 Okaydidn?t - when I - the way it was explained to me was that it was part of a group chat, so there was numerous peo- the way I interpreted it was that there was numerous people that were part of this text, and Idon?t even know if he knows where it came from. But I don?t know who speci?cally sent it. Okay. Nor do I know who actually took these supposed pictures. Okay. You have anything else? No. Anything else? No. It?s, uh, 1543, and Transcribed by Gail Grady l4 OOQGMAUJNFSobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Sobieski: Cmser: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM IA Case# 20-25 Page All right. I?m Tom Sobieski of the Internal Affairs Bureau. Today?s date is June 25th, 2020 and the time is 1602. This?ll be an interview of Of?cer in regard to IAB Case Number 20-25. would you please identify yourself with your ID number and present assignment. Sure. Uh, . Okay. Have you read the Garrity form? I have. Do you have any questions about it? No sir. I?m gonna sign it as the investigator. And do you understand you?re not the subject of this investigation? I do. Are you familiar with the Lawful Order directive? No. All right, let me pull it up. How quick are you? Probably not quicker than paper. We?ll have you read the directive real quick just to make sure you?re familiar with it. Okay. It?s, uh, right there. Thank you. Just this one piece right here? yeah. Okay. Sorry. Do you have any questions about that directive? No. Do you understand that you?re being ordered by the Chief of Police to answer my questions completely and truthfully? Yes. If you refuse to answer my questions, or answer untruthfully or omit any material facts you will subject to disciplinary action. Do you also understand that you are also ordered not to discuss this case with any member of the department? Yes. Do you understand this room is monitored by audio and video equipment? Sobieski: Sobieski: Sobieski: Male: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM Case# 20-25 Page 2 Yes. Are you recoding this interview yourself? No. Uh, when you arrived here you were issued a memorandum, um, there were some directives mentioned on there, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. Do you have any questions about any of those directives? No. Okay. Urn, so I understand earlier today you were present at a FOP meeting over at Headquarters, is that correct? The meeting was here up on the 3rd ?oor. But yes. That?s right. Here at District 2 on the 3rd floor? Yes sir. Are you an FOP Board Member? I am. What is your position? What time was that meeting taking place? Uh, it started at 10 AM. 10 And from what I understand, you may have at some point during the meeting, um, mentioned, um, to Sergeant Sears and the other members of the board of something that that Yes. may have been concerning? Yes. Can you tell us about that? Sure. Um, so 1? yeah I ha- I have this information about the, um, pertaining to Elijah McClain and some pictures that, um, were allegedly sent to a friend of mine. And, uh, I found out about it Icouldn?t give you an exact date, um, I?m not suresocial gathering at a a mutual friends? house and, uh, um, the information that I had received was concerning to me, has been concerning to me and it took me a long time to, you know kind of cope with it and see what I wanted to do, to see if anybody else was gonna come forward I didn?t know who knew about 100 101 102 103 104 Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Sobieski: Sobieski: Cruser: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM IA Case# 20-25 Page 3 this information. so, urn, after like Speaking with my wife about it, extensively, I decided today that I was gonna talk to Marc about it and let and let him know. Sergeant Sears? Yes. Sorry. Okay. Can you give us a a estimation the best you can of when you received this information? A month Can you tell me when the Elijah McClain death occurred? Um, can?t off the top of my head. Okay. I?ll I?ll ?nd out for you real quick. Where where was this social gathering? Uh, house. Okay. Took place in August. August of 2019. Okay. Well yeah that this was way after that this was after the bid change too, so, uh, gosh. I would say it was probably in March, maybe? Somewhere in March. I?m not March of 2020? Yes sir. Okaytalking about here, who gave you this information? Uh, Rosenblatt. Of?cer Rosenblatt. What?s his ?rst name? Jason, I believe. Jason Rosenblatt? Yes. So you?re at house, this engagement sometime about March, what what did he tell you exactly? Urn, so we were we were it was just, you know, kind of a dinner party- drinking party, um, this was I got there before he did but this was around the time I think when they were talking about getting his cell phone or 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Torn Sobieski 06/25/2020 - 4:02 PM IA Case# 20-25 Page 4 subpoenaing his cell phone, uh, he was voicing some concerns about his cell phone and, um, we were just having a conversation about that. And I couldn?t tell you exactly how the conversation went but the best of my knowledge it was something I was saying like, ?What are you so concerned about?? or ?What?s the scope of the investigation?? something like that. And then that?s when he mentioned that he had been sent these pictures I believe he said in a in a group text message setting, he said ?Yeah some of the some of the - the guys? - the guys meaning of- other of?cers ?some of the guys have sent me pictures from Elijah McClain?s gravesite.? And uh, and then he went on to say, you know, I don?t recall exactly but he it felt like the conversation was you know them kind of hanging out possibly drinking at the gravesite, just taking sel?es with the grave in like a, [don?t know, kind of a joking manner I guess. And, uh, I remember him talking about who don?t know how many people it is, I didn?t see the pictures, I didn?t I didn?t wanna see the pictures. Urn, and I think he said that he he deleted the pictures, so he was worried about that. But, um, yeah I remember him saying it was like, uh, Erica Marrero, Dittrich, and, um, mm, Woodyard. What would Rosenblatt?s phone number have been at that time? Do you remember? I literally just deleted it - I deleted it off my cell phone today. You don?t know if off the top of your head? I have no idea. It was, uh, yeah ?cause he changed his phone number yesterday, so today when I was talking to him I deleted it I switched the numbers in his contact in my phone. I know it was a number, whatever that area code is, -something. Do you know why he deleted his phone number or changed his phone number yesterday? Uh, I didn?t ask him directly but 1 would assume it was because - someone told me that his phone number got leaked, about the Elijah McClain case. Anybody else hear this conversation between you two? Uh, I don?t know in that direct that direct time if they did. I?m not sure. Okay. Um, you mentioned people were drinking, was was he intoxicated you think No, a hundred percent not intoxicated that night. Were you? No. Not at all. Okay. This was at the very beginning of 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 I69 170 171 172 173 174 175 176 177 178 I79 180 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 - 4:02 PM Case# 20-25 Page 5 Okay. the night. I mean there were other people there that - that that could?ve heard it - or I don?t know if he told anyone else. Okay. So I don?t know. Okay. Who all have you told about this, besides what we discussed so far today? Uh, so I called, uh, I talked to Katherine Lewis about it, Katie Beth Lewis. Uh, I believe I?ve had conversations with Kayla Matous about it. And then Rosenblatt obviously. Have you and Rosenblatt talked about it since that ni- that night? No. Not that I recall anyways. Were you guys describe your relationship, you and Rosenblatt. Um, so I met him when I ?rst got here out of, uh, PTO, I was working in D2. And, uh, he we had a connection ?cause I used from so we kind had that connection. And, uh, just became kind of friends, you know, just hanging out, we were on we overlapped a bunch of days on patrol so, um, yeah we became friends and then I - I wouldn?t say that we hung out a lot, I remember when the Elijah McClain incident happened, like we had we had dinner and I reached out to him just to - ?cause I know he?s kind of he?s I don?t know if he hangs out with a lot of people, I know he had some stuff going on in his personal life so I just wanted to reach out, have dinner with him and just, you know, be a friend. Okay. So um, yeah, we hung out there, and then I hadn?t hung out with him after that, I?ve invited him out a a bunch of times and he?s just, you know, always doin? something else so we never kind of connected again. And then I was, uh, over at Katie Beth?s house and Rosenblatt showed up ?cause him and Kayla Matous are pretty close friends. So I think she invited him over. Did Rosenblatt ever indicate that he was in any of the photos or that he had been was concerned about it, He was concerned? INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 - 4:02 PM IA Case# 20-25 Page 6 181 Yeah, he if I remember correctly he was concerned about getting the 182 photos, and he basically wanted to get rid of them as soon as possible, like 183 he was kind of shocked that they would even think to do anything like that. 184 That was my that was my interpretation of the conversation. 185 Sobieski: Okay. Do you know - did he ever say, I'm thinking about bringing this 186 forward to the department? or give you 187 I 188 Sobieski: or anything like that? 189 I don?t remember him saying that, and and I didn?t say that to him at that 190 - that time, I just kind of I too was kind of in shock with the information 191 and it I think that night maybe initially I was kind of my words were 192 probably like, ?What the fuck, who would do that? That?s disgusting?. 193 Something like that. And I just took a lot of time to process it, because I 194 it was shocking, you know, I- and what really got me was like I said 195 having conversations with my wife and I?m like Ijust I can?t work with 196 people that - people that do things like that if they did do it, like I said I 197 didn?t see the pictures but they don?t deserve to to be in this profession. 198 We don?t need them in his profession. And furthermore I think that 199 there may be some other issues there, if you if you?re 200 willing to go to someone?s regardless of what crime anyone ever 201 committed, a death is a death and a human life is a human life, and that 202 should all be respected. And I just - yeah. 203 Sobieski: Okay. 204 So. .. 205 Sobieski: Did he say how many photos he got at all 206 He didn?t. 207 Sobieski: He 208 He didn?t. 209 Sobieski: it was plural 210 Yeah I I don?t know if yeah, I think so. I mean he did- he didn?t - I 211 remember him talking about the people that that were there, and I don?t 212 know if - like each person sent ?em, or maybe it was one photo and a group 213 photo with a bunch of people, I don?t know. But I remember him saying 214 that - that he was in a group text message, and I don?t know I never 215 asked him who was in the group text message, I 216 Sobieski: Okay. But you weren?t in the group text message? 217 No, no no. 218 Sobieski: Okay. You never received any photos and you never saw ?em. 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM 1A Case# 20-25 Page 7 No. Okay so you tell you Sergeant Sears, um, what happens next? Uh, so I tell Sergeant Sears at the meeting. We kinda - we talk about it at the meeting. And, uh, he was like shocked, I mean he didn?t know he was like, don?t know how how we need to proceed,? like I don?t know, I don?t know if we should I need I need to call the Chief?, basically. And, Well let me let me ask you this before you get too far into that. Um, probably a question?s gonna come up is why you did not come forward before now. Because I was I was thinking about it?s - it?s a very it?s a And I?m not accusing you of any directive Right, of course. Okay? No, yeah, and All right, you?re a no problem talking about It?s it?s a it?s a shitty situation to be in. It?s shitty. The last thing you wanna do is - is affect someone?s livelihood, affect their family life, and then I understand that by me doing this, this is gonna negatively impact me, for sure. And you can?t tell me otherwise. It?s gonna affect my reputation, because I?m sure that people are already talking. So it took me a l- a long time to decide if I was gonna do it, Iknew it was the right thing to do, and I knew I had to do it. Okay. It just took me a long time to build up the courage to essentially fall on that grenade if this is true. Okay. All right. Thanks for that. Um, so Sergeant Sears, you tell him, what what happens next? So we talked about it, um, and I you know, he - Mike Iovine was real- really upset and, Do you think everybody that was at the meeting or heard what you said? Yeah. Okay. INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 - 4:02 PM IA Case# 20-25 Page 8 254 Yeah. Because I was gonna talk to Mike or to Marc privately about it, 255 and then we just started discussing more about the case and stuff and, um, I 256 was like, ?look I have some information, I don?t know? - ?cause at at that 257 time I didn?t know who knew who knew this 258 Sobieski: Okay. 259 had no idea if everybody knew it and maybe I just thought I knew it. I 260 don?t know. 261 Sobieski: Okay. 262 So I told ?em about it, and then, um, we decided that we would go down I 263 [called Rosenblatt and I was like, ?Hey man can I need to talk to you, 264 it?s important about some stuff?. And, uh, he?s like, can?t leave D3, like 265 I?m I?m really busy?, and, uh, so we went down - Marc I rode with 266 Marc and Mike Iovine drove himself and we drove down to D3, and we 267 met Rosenblatt in this the of?ce that he was working out of and, um. .. 268 Sobieski: Let me stop you there. 269 Okay. 270 Sobieski: What - what was your intent by going to D3 and talking to Rosenblatt? 271 What were 272 Ijust 273 Sobieski: to get out of 274 wanted to give him the opportunity - I wanted to say, um, that it?s 275 unfortunate what happened and it's unfortunate that someone would - 276 would do something like that if if it happened. 277 Sobieski: Right. 278 And I guess my I wanted him to just maybe go if we had to talk to 279 the Chief or or whatever, go with me or or say, ?Yeah, it?s it?s it 280 we need to we need to fix this.? 281 Sobieski: Was it your idea to go down there, or do you remember who?s who?s 282 283 Um, I think it was collectively, we just had a conversation about 284 Sobieski: Okay. 285 I mean, I it?s hard for me because Rosenblatt?s a friend of 286 Sobieski: Mm-hm. 287 I I don?t want to see anything I know that he?s already taking 288 this hard, like I can?t I can?t even imagine what he?s going through. 289 Sobieski: Right. 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM IA Case# 20-25 Page 9 So 1? I guess I just wanted to protect him and I don?t think that he?s at fault for this, I mean he received a text message. Okay. Go to D3. Go to D3. What happens when you get down there? Talk to him, we we get in the room, um, and I - I pretty much start asking him, not not asking him but talking about the situation, I was like, ?Look, I know that these pictures - there?s these pictures that you told me about,? and, uh, I was like, ?They could get out, and it could be detrimental not only to the Police Department, the citizens but Police Of?cers?, I mean people could literally die over this, I mean, we?re rioting over some stuff that happened in states that we have nothing to do with. Right. So that that?s what I said and he basically was like, don?t know I don't? - he?s like do remember us having a - a conversation about it, but I didn?t tell you about it, you you asked me about it?, which is not true. I was I did not ask him about I had no knowledge of it until he mentioned it. And I think the basis of the conversation initially started with like, FOP versus APA, legal defense and stuff like that because he knew I was associated with the board and he was kind of like ?What should I do?? kind of thing. Okay. Or just explaining or you know explaining his concern So was going on. statement to you when you asked him about it was ?You asked me about it"? Yeah. Yeah. He never admitted that you guys had that conversation the way you described it? Not the way that I described it. Okay. Yeah. And then he was What else did you remember him saying? 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 34 1 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM IA Case# 20-25 Page 10 He was saying like, ?Well - well h- how would these pictures get out? It was? you know ?it was a group text messages, how like how would they get out? How would how would they ever be leaked to anyone?? and then I was like, ?Look at all the stuff that has been leaked from the Police Department, all it takes is somebody that knows something to be fed up with what- you know, whatever, they don?t get a special assignment or they get some discipline for something, that?s all I mean, doesn?t even take that, just takes somebody whatever, I don?t know.? And he - he he was like, ?Well you know it?s not I don?t see how it could get leaked out so? and I think at that point I think Marc and and Mike more so Mike - got really - got he got angry and was like, ?Look man, I have a family I have to protect, and I?ve had friends die in New York over similar Mm-hm. I would really appreciate it if you just, like let?s get something ?gured out here?. And then at that point I think Marc and Marc got a phone call and walked out of the room and then I don?t - I think I maybe I asked Mike to leave, because I could tell that Mike was really upset. And, um, I didn?t want that to digress further into anger on anyone?s side because I don?t think anger gets anyone anywhere. Right. Um, so at that point I was like, ?Look, Rosie, I?m trying to help you, like I wanna make sure that, you know, that we take care of this and that, you know, there?s a lot it?s - it?s a lot bigger than just you and a cell phone, or me, you know, this this - this is huge.? And, uh, he was like, ?Oh I I I didn?t do anything wrong, I didn?t do anything wrong?, and I?m like, ?No, and no one?s saying that you did. No one I?m not here to accuse you? and he was like, ?Well you just come in here with these two guys and it just seems very accusatory? and I was like ?Well it?s not. It?s like that?s why I asked him to leave?. Mm-hm. And he was like ?Well I think I should call the APA reps? and I was like, ?Go call ?em, please?, I was like, ?I?m not here I?m here as your friend, I?m not here as anything else, like that?s it?. Okay. And, uh, he was like ?Well I wanna call, um, Doug Wilkinson? and I was like, ?Please call him.? And then I was like, I don?t wanna be here when you talk to him?, I- I - I walked out of the room. And, um, that was the last time that I saw him. And then, uh, we were just kind of wa- I I don?t know if I don?t know if Marc maybe Marc called Chief, and she was in meetings so she wasn?t able to like set aside a time to meet. And I 10 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Cruser: Cruser: Cruser: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 - 4:02 PM Case# 20-25 Page 11 don?t know if he told her what ha- what had happened exactly but she said ?Set up this time with? you know, ?Chief Glidden? and you know, ?keep him in the loop?. So then we just as soon as we walked out of that room, we happened to see Judy right there, she was coming out of I don?t know, bathroom or something I don?t know and then she kind of told her what was not really what was going on but that she needed to talk to Rosenblatt. And she talked with him, and then came back and started like, questioning me about, you know, why why I didn?t say something or and then she was saying and I explained the same thing to her, and, uh, she was said 1- you know like ?It?s not criminal for someone to go to a gravesite? this and that, and like the the question isn?t if it?s criminal, the question is that it?s not right regardless of law. So. .. What time do you think you got down to Uh, can I look at my cell phone Sure. Just approximate. Okay. What room did you talk to him in or where where did you talk to him? I I?m not so when you walk in the door of D3, it?s like the ?rst room on the right, which I think is all the Sergeants Okay. is that correct? Yeah, so you come in from where the Patrol cars Right, you come Make a the parking lot, and then there?s like the mailboxes and then there?s a door to the right. That?s the Detectives and Is it? . . .Sergeants. Yeah, the Detectives and PAR the ?rst door to the right goes into the Detective Bureau, and Yeah, so we walked through there and it was the last of?ce on the left. Okay, he was in his own of?ce? Yeah. Let me see here. Um. .. So was this a like a cordial conversation or describe I guess we got there around 12:40. 11 403 404 405 406 407 408 409 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 4:02 PM IA Case# 20-25 Page l2 12:40? Yeah. And you said he did, urn, between him and Iovine, did there was no threats made No, I wouldn?t even it was nothing like wouldn?t even say it was Okay. could just tell that that Mike was Mike was frustrated. He I wouldn?t say that it was heated Okay. Maybe I put that word in your mouth. All right. Yeah, I don?t I don?t know maybe I said that but thatwouldn?t even say it was heated, I think it was Mike being frustrated and not even frustrated, I think just scared. You know? If that?s the truth, Mike was scared is scared. Yeah. I?m scared. Okay. Urn, did Rosenblatt ever admit in that conversation at D3 to receiving the photos? In a round-about way. He I don?t kn- he did- 1? I don?t recall him saying ?Yes I had the picture? - or maybe he did. He said, ?Yes I got the pictures in a group text, and [deleted them as soon as I got them?, and then he said, don?t know who was in the picture? I think he said don?t know who was in the pictures and I don?t know who was in the group chat?. And that?s when I I probably got frustrated and I was like, ?Dude, you?re lying?, like ?stop lying?. And he?d been lying about who was in the pictures? I don?t know if he Or who was in the chat you think? I don?t I th- he knows exactly who was in the Okay. knows exactly who was in the fuckin? group chat But he did he did admit to getting the pictures and deleting them? 12 438 439 440 44 1 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 46] 462 463 464 465 466 467 468 469 470 471 472 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Cruser: Cruser: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/25/2020 - 4:02 PM IA Case# 20-25 Page l3 Yes. Okay. I mean that?s just not something you forget, right? You just you don?t forget that. Especially when it has to do with something that?s impacted your life that that much. There?s no way. What happened next? Um, after we talked to Judy, Judy, um, was engaging me, went back in the of?ce, Marc was on the phone with I I don?t know who, and then he said that we needed to go draft an email to the Chief and to someone else, um, so we went to Headquarters. Went up to the Chief?s office, of?ce area. Used the computer there, Marc drafted an email, I read over the email. Um, he sent it and then that?s where I was basically, you know, I talked with, um, Chief Parker for a little bit. Um, then went in another of?ce where Marc talked to, um, Chief of Police for a a little bit, she just basically said, you know, ?Thank you for reporting this and it?s a big deal and we need to get to the bottom of it,? type conversation. Okay. And then we walked downstairs, got back in the car, came over here. Okay. Did you author an email at all? Or just Marc? Just Marc. Okay. Any questions? No I don?t hang on one second. Okay. And you can get up, stretch your legs. Okay. The recorder?s still on. All right. Interview pauses at 00:26:44 Interview resumes at 00:31 :04 Sobieski: Okay. Um, I don?t think I have any any other questions for ya. Is there anything that you thought of since we stepped out or that I haven?t asked that may be important? I don?t think so. 13 473 474 475 476 477 478 479 480 481 482 483 484 485 Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Sobieski: INTERVIEW WITH Interviewer: Agent Torn Sobieski 06/25/2020 4:02 PM Case# 20-25 Page 14 Okay. Um, the con?dentiality of this investigation needs to stay in-house. Okay. Um, I know it?s on your memo but, um, you can imagine how this could look, if it is true and this gets leaked out before we have a chance to investigate it, I don?t know why it wouldn?t be true. Okay. Unfortunately. All right. (Unintelligible). 1633, that?ll be the end of this interview. Transcribed by Gail Grady l4 GUI-khan.) Auto?O I?Ib?t MN \Dm MWUJUJU) Cruser: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Cornell: Rosenblatt: Cornell: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Page 1 All right. Okay, I?m Tom Sobieski of the Internal Affairs Bureau. Today?s date is June 25, 2020 and the time is 1743. This will be an interview of Of?cer Jason Rosenblatt in regard to IAB Case Number 20-25. Of?cer Rosenblatt, would you please identify yourself with your ID number and present assignment. Yes sir, uh, Of?cer Jason Rosenblatt, 3151 12. I?m currently, um, with Sergeant Brukbacher in ERT. Okay. And you read and signed the Garrity form? Yes sir I did. Okay. You have any questions about it? No sir. I?m gonna sign as the investigator. And you read and signed the Yes sir. I?m gonna sign as the investigator. And you understand that you are the subject of this investigation? Yes sir. Are you familiar with the Lawful Order directive? Which one is that sir? 14.1.1. Can you give me a Sure I?ll let you read it. that one? I think I read it [just I. .. He read it, he?s having a hard time Yeah. now ?cause he?s so tired, Right. You want me to just. .. Well I want you to understand everything so if you have you don?t understand anything or you need to review anything just let me know. Okay. We?re not here to do any tricks or anything. Gotcha. It?s, uh, right there - 14.1.1. Okay - yeah - that one. Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Cornell: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Page 2 Okay. Do you understand you?re being ordered by the Chief of Police to answer my questions completely and truthfully, and if you refuse to answer my questions or if you answer untruthfully or omit any material facts that you will be subject to disciplinary action? Yes sir. Do you understand that you are also ordered not to discuss this case with any member of the department other than the APA or FOP rep, or an observer while the case is active? Yes sir. And in the event that a rep or an observer is involved as a witness in the case, you can?t discuss the case with them. Yes sir. Thanks, um, do you understand this room is au- monitored with, uh, audio and video equipment? Yes sir. Are you recording this interview yourself? No sir. Um, you were advised to review some directives in your IAB Yes sir. you just received, um, and just for the record you looked at looked at the directives just prior to this interview? Yes sir. Uh, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. Do you have any, uh, questions about any of those directives? No sir. And you have an observer present. Of?cer Cornell can you identify yourself with your, uh, ID number and present assignment? I thought you were gonna say (unintelligible) mask on. Uh, 1- 18563. District 1, Swings. Okay, and looking at the Observer Form, and Of?cer Rosenblatt you indicated you wish to have an observer present? Is that correct? Yes sir. Um, do you understand as a result of this choice that IAB cannot guarantee the con?dentiality of your case details, except for those materials and statements presented to members of this Bureau during the course of this investigation? 100 101 102 103 104 105 106 107 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Rosenblatt: Sobieski: Cornell: INTERVIEW WITH JASON ROSENBLAT1 Interviewer: Agent Torn Sobieski 06/25/20 5:43 PM Case# 20-25 Page 3 Can you read that one more time sir? Sure can and I?ll slow down. You have chosen your right to ex- to have another member present as an observer during this interview. Do you understand as a result of this choice, that IAB cannot guarantee con?dentiality? Yes sir, sorry, 1 I had to I missed that ?rst part Okay. sir. I can give you a copy of this if you want. No that?s okay. Okay. Of?cer Cornell, do you understand that you?re here as an observer and cannot of?cer advice, counsel or interfere with the interview in any way or you will be ordered to leave? Ido. Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active? I do. Do you understand that materials present in this room during the course of this interview are not available for you to review, peruse or access without the consent of the controlling investigator? I do. Do you understand that you?re not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? I do. Do you understand that your presence here is a privilege extended to you by the Chief of Police and any violation of these guidelines may result in forfeiture of this privilege? Mm-hm, I do. Are you interviewing this - are you recording this interview yourself? No. And Of?cer Rosenblatt, you?ve signed the form? Yes sir. And Joe you signed the form? Yep. 108 109 110 111 112 113 114 115 116 117 118 119 120 I21 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Page 4 I?m gonna sign as the investigator. You understand most of those rules were written for me Torn? They were? Yep. Is this Cornell observer I think one of them One of them may be Ross Lockey?s. All right. Um, so you read the 01 and you kinda know what we?re here to talk about? Yes sir. Um. .. Before you get started ifI could say somethin? if that?s okay. Sure. Um, over the past two days I?ve only had about four or ?ve hours of sleep. Um, it?s been a very stressful and emotional time right now. Urn, so I just put that on the record that that?s the state that I?m giving this interview in. Okay. So noted. Um, so as the N01 states, um, there are allegations that you received text messages and or photographs, sometime around March of this year, um, depicting unprofessional conduct by members of the Aurora Police Department. Is that - did that occur? Yes sir. Can you tell me about it? Uh, would you mind asking more of a direct question about it or do you want me to just go through it Um, why don?t why don?t you tell me tell me your story, and then if if 1 have any questions I?ll follow up with that. Okay. Um, remember exactly when it was, um, I received a text message with a photo in it. Um, I replied to it. Um, and then that was the end of our yeah that?s basically it. Okay. Text message from who? I think it I don?t wanna say think? - um, I wanna say it was from a number that I did not have saved but I can?t say for that certain. Um, I can?t say it for certain. All right I?m confused. Do you still have the text message? 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 I63 164 I65 I66 167 I68 169 170 171 172 173 174 175 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page 5 No sir. Do you still have the photograph? No sir. Do you still have the phone? Yes sir. Did you bring the phone with you? Yes sir. Okay. Has it been deleted from the phone? Yes sir. Okay. Um, do you remember when you got the text message, approximately? Was it sometime in March? I don?t know the exact month, um, I I don?t. Was it this year? 2020? I think so, yes, I wa- I I wanna say it was this year. Okay. Wasn?t last week while ago. Okay. It was a while ago. Yes sir. But you can?t remember you can?t narrow that down any more at all? Uh, I remember it was cold. Okay. I remember that it was cold, um, I?m really bad with with dates and stuff so I apologize but Okay. I remember it was cold so it had to have been somewhere in in the winter or something like that Okay. And what number was your phone at that time? Uh. How long have you had have you had that number? For since I was a kid. Okay. You still have that number? No, I recently had to change it. When did you change it? 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: ((Crosstalk)) Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20?25 Page 6 Uh, a few days ago. Okay. Did you change it because of this investigation? No sir. Okay. Um, what service is that? Yes sir. Okay. The - who who sent you the text? I cannot tell you. I don?t know. I don?t I I don?t remember, um, exactly who it was and I don?t want to say the the wrong thing and it be somebody that?s not Was it an of?cer from this department? I think so. But I again I can?t say for certain. Um, I - I I honestly cannot say for certain. What did it say? It was just the photo. Okaycan remember. 80 explain to me how what happened when you got it. I saw it and, um, it was very, uh, made me very anxious. Um, uncomfortable. Um, and I just kind of wanted it to go away. I I was going through a very this was at the height of the of something that had happened to me and, um, it made me very uncomfortable. And I just wanted it to go away. So it it has who it?s from on a text message right? On the Y- yeah on the top. It wasn?t anybody in your contact list, it didn?t come up with a name? I I wanna say I I really don?t remember ?cause it was one of those Jason this is gonna be really hard for people not to believe that you don?t know who you got that text from. 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 242 243 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page 7 I know and I know. But that?s why I?m - I know. But that?s a- the honest truth. Okay. Um, let?s talk about the photo. Okay. Tell me about that. What would you like to know about it sir? Tell me about the photo, what was on the photo? Where was it Um. .. about it. was taken at the, uh, there was a a memorial place for, uh, Elijah McClain. Um, where there?s lights on Billings Street, on the West side. Okay. Um, there were three of?cers in the photo, and it was a sel?e, um, with the lights behind them. On Billings Street? Yes sir. Do you know when the photo was taken? No sir. Could you tell from the photo whether there was like snow on the It was it was night, it was It was nighttime? Yes sir. Um, anything else like the - were the trees blooming or you remember any of that stuff? No I don?t. Do you have don?t remember any it taken about the time it was sent to you or do you have any idea when it was taken? I I would assume that it was taken, um, I don?t know I don?t wanna assume anything, I honestly I didn?t really like investigate it, I just saw it and was like 1 just I wasn?t sitting there looking over it intensely or anything like that. 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 27 272 273 274 275 Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page the photo? Um, Romero I think her name is. Um, female of?cer, um, I wanna say Kyle Dittrich was in the photo, I think, and aron Jones. Romero, Dittrich and Jones. Yes, that?s (unintelligible). Do you know Romero?s ?rst name? A- Alicia maybe? Alicia Romero? I think that?s her name. Who was taking the photo? it looked like a sel?e format, um, from what I could tell. Could you tell who was holding it? No no, I couldn?t. What were they what was Alicia Romero doing in the photo? She was they were just kinda all just like lookin? at the camera. Okay. And you could see their faces? Yes sir. And you know these people? Yes sir. And you work with them or worked around ?em Worked around ?em, yes sir. Okay. What?s Dittrich?s ?rst name? Kyle. So they?re all standing together with the memorial in the background? Yes sir. Are they on the street I I wanna say that they were on the street, pretty sure. Okay. Can you see the memo- the memorial in the background? I think so, yeah. I think so. I I say that only because I recognized where they were, if that makes sense. Okay. So I wanna say it was probably like a memorial, yeah. Okay. Was there was there any text with the photo? [don?t believe so, I think it was just the photo. 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 29 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page 9 Okay. What were they doing? They were kinda just standing there with each other. Okay. Were were they in uniform? Yes. All of ?em? Yes. Were they doing any? anything with their hands or smiling know that it made me uncomfortable but I don?t remember exactly what everybody was doing. If that kinda makes sense. I I like I said I didn?t really like sit there and stare at the photo or anything like that. Um, I was just uncomfortable by it. I don?t remember exactly what each one of them were doing. In your opinion, from lookin? at the photo, were they grieving or were they making fun of the memorial? In my my opinion? Yes. Um, it I don?t know if Or some other word whatever word you would .. .. I .. don?t wanna give my opinion on something like that really. The photo made you uncomfortable why? ?Cause I- it - this thing was so fresh in my mind and I just wanted it go away, and I felt like it keeps getting brought up. And I didn?t want it to be brought up, and I want it to go away. I?m just done with it. Okay. So you don?t have an opinion whether they were making fun of the memorial or whether they were grieving him. I- w- I?m not sure what their intentions were. If that kinda makes any sense. I?m trying just to th- think about what what - I I I don?t know what their intentions were. Okay. Um, you said you replied? Yes. What?d you send back? 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page IO I said, ?Ha ha?. Like h-a-h-a? Yes sir. What does that mean to you? People that know me know that I nervous laugh and I wanted to give something short and concise and not engage in any way, and just let them know that kinda just be done with it whenever I don?t know if you?ve texted anybody but if you give a short response then you kinda close yourself down for discussion a little bit and that?s kinda what I was hoping for. So that they wouldn?t I don?t know, it wouldn?t more stuff like this wouldn?t come, I guess. Did you get any response? I don?t believe that I did. Were you the only one on that text string or was there other numbers on there? I think that it was only to me. Um, you may have already answered this but why did you delete it? So my phone had had a auto 30-day delete on it. Okay. For a period before that, so it had been auto-deleted after 30 days. So you didn?t delete it, the phone did? Yes sir. So it was stored on the phone, did you actually save it to your photographs or. .. No sir. It just stayed in that text string? Yes sir. Do you think it was one of those three of?cers that sent you the text? I would say high probability, it?s - I?m not sure who else would get it and then send it to me. Okay. Are you willing to give us your phone voluntarily to look for that text and that photograph? Yes. Um, so you recognized the area of the photograph as being of this 1700 block of Billings? 10 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM IA Case# 20-25 Page 11 Yes sir. 1700 is that where Evergreen is? Is that about 1700 block? Well I put those words in your mouth. You recognized that area as where the Elijah McClain incident occurred? Yes sir. From the background and stuff? Yeah, yeah, yes. And the memorial? Yes sir. Have you ever been to the memorial? Yes sir. When? Uh, I work in D2 so I drive by it all the time. Okay. I?ve never been there, like gotten out or anything like that but I I have been to calls of service or routine patrols, I?ve driven through there, yes sir. Okay. Did you ever take any pictures there? No sir. There won?t be any pictures on your phone? No sir. Okay. And, urn, when - So I just wanna clarify the names of the people that are in there ?cause it seemed like you were unsure about the name on Romero. Yeah, correct (unintelligible) I?m sorry, I didn?t mean to cut you off. Nope, you?re ?ne, so I?m trying to - I just wanna clarify that we have the names right of the peOple that were in the photo. So Kyle Dittrich, you seem pretty po- positive on? Yeah, fairly certain, yeah, I think yeah. Okay and then Jones is what was the ?rst name? Jaron. Jaron Jones? And con?dent on that? Yes sir. 11 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 41 Cruser: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Cruser: Sobieski: Rosenblatt: Sobieski: Cruser: Rosenblatt: Cornell: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM IA Case# 20-25 Page 12 Okay and what about the Romero? I?m pretty con?dent, I?m just uncertain I?m pretty sure that?s her last name. I can see her face. Alicia you said? Yeah. Um, did they work the same shift? Yeah. I I think they were at the time, yeah. I think it?s Alicia but - I don?t yeah. Do you know, Are you good if I pull it up on here? Sure. Do you know you said they were all in uniform, h- what could you see like their shirts or what part of it did you see? Yeah, I believe I could see their shirts and their badges and stuff. Okay. Okay this is the reason why I asked, ?cause there?s we have two Romero?s. Maybe it?s Sara no, that?s not it. That?s (unintelligible). No I don?t think I think she?s (unintelligible). Romero was (unintelligible). What is her oh Marrero. Is that who it is there? Yes, Marrero, I?m sorry. That?s Of?cer Erica Marrero. .. sorry. Okay. Thanks. Marrero. Dittrich and Jones. Yes, sorry for that, I. .. Thank you for clarifying that. Yeah, sorry about that. It?s okay. 12 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 43 432 433 434 435 436 437 438 439 441 442 443 444 Rosenblatt: Cornell: Cruser: Cornell: Cruser: Cornell: Cruser: Rosenblatt: Sobieski: Rosenblatt: Cruser: Rosenblatt: Sobieski: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM IA Case# 20-25 Page 13 Didn?t mean to What?s that? Didn?t mean to in- interrupt No. But I wanted to him (unintelligible). Urn, okay so I just wanted to clarify that and I?m starting to - oh, continue, I?m sorry. Go ahead. second-guessing on my myself, um, no. Fuck it. On which part? The uniform thing. I wanna say that I remember them in uniform. Okay. I?m pretty sure they were in uniform. Okay. Um, the other thing I was gonna ask you is, how often have do you contact these other of?cers? That the number wouldn?t have popped up? Um, In your contacts? At that they were graveyard of?cers, so you know how graves and I?m swings of?cer so we we interact but we don?t really like hang out and I?m usually pretty close to people around me. And, um, yeah I wanna say it was from somebody that was- wasn?t in my phone, and the only reason that I say that is ?cause I remember seeing the area code, whenever it came in, I think it was like I think it was a- I think I remember seeing the area code and that?s what leads me to believe that it was from a number that I didn?t have saved. If that kinda makes sense. But it wasn?t a Colorado area code? No it wasn?t it was a Colorado area Oh okay. I- I just that?s what makes me believe I don?t know who sent it is ?cause I remember seeing an area code when I saw it Oh okay. 13 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 46 1 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM IA Case# 20-25 Page 14 I think that?s why it made it a little bit weirder, if that kinda makes sense but then I probably wrote it off like it?s probably someone I just don?t have saved in my phone. Do you have any of these three of?cers in your phone where it would?ve pOpped up with their name? Uh, I think now I have, um, now I have Dittrich, um, now I have Jones, I don?t have Alicia Romero?s What about back when you got the photo, did you have that then? No, I don?t think I would?ve had any of theirs. .. No. .. Dittrich, we kind of became friends a little bit further after that I be?eve. Okay. Um, but (unintelligible) friends we?re work partners, they work, Have you ran into these three of?cers since then? Yeah. Since you got the photo? Yeah. Has anybody mentioned the photo? Not to me, no. Did you ask ?em? No. [just? no. And you have no idea who sent the photo? I no, I remember seeing the area code and that?s what leads me to believe that I don?t know who sent it, if You don?t any sense. the area code was? you?re I wanna say it was 720, but that?s what I remember. Okay. But who I that?s what I wanna say, I can?t say that for certain, but I wanna say 720. Did you tell any of your bosses about the photo? No sir. 14 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 Sobieski: Rosenblatt: Sobieski: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Sobieski: Cornell: Rosenblatt: Cruser: Rosenblatt: Cruser: Cornell: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM Case# 20-25 Page 15 Why not? I honestly, I was under a lot of stress from this incident, and I just wanted it to go away. I didn?t I I just wanted it to go away, and I just I don?t wanna for it to keep coming up and keep coming up and keep coming up, I just wanted it to go away. Okay. Um, just one and I understand it was weighing heavily on you, and you wanted it to go away. Um, and the fact that you mentioned that when you saw the photo, that it immediately made you feel uncomfortable, would you agree probably would lead a person to believe that you?re gonna remember what that photo looked like? And the reason I ask that is I just wanna ask again, in your opinion, do you think they were grieving? Or do you think it was something where they making fun of the photo or the, uh, I?m sorry, the memorial? I know it made me uncomfortable. I don?t really wanna give my opinion on something of how somebody else could take something, ?cause we all have different ways that we take things. I guess if that kinda makes sense.? Well I guess I?m asking how you took it. Besides the fact that it made you uncomfortable. I mean the whole thing really made me uncomfortable, it wasn?t anything that any one person was doing. It was just bringing up this thing that happened to me that I wanted to go away. That does that kinda does that make any sense, am I. .. Okay. Ijust want it to go away. And I don?t I don?t like I said I yeah. Hang on a second, be right Stretch your legs or whatever, we?re just it?s still on obviously, Okay. You guys need to step out at all? Yeah. Yeah I?m going to use the restroom if that?s okay. Okay, yep. I?ll leave my phone in here. Yep. I remember when the air co- air conditioner 15 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 Rosenblatt: Sobieski: Cruser: Rosenblatt: Cruser: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM IA Case# 20-25 Page 16 Is there a bathroom? Yeah, come on over (Unintelligible). Okay. All right. Interview pauses at 00:24:22 Interview resumes at 00:31:29 Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Uh, I remembered something else too, by the way, when I was just in the bathroom. Okay. Another reason why I believe that it was from a number I didn?t know is ?cause I remember seeing like you know when you get a text from a new number there?s no prior text messages to it? Yeah. Ididn?t have any. It was that was the only thing that was in our text chain. Okay. That?s what also believe leads me to believe that it was from a number that I didn?t have saved in my phone if Did you ever get any texts from that number after the I don?t. .. anything? don?t believe so, no. Okay. Um, if some member of the public looked at the photo, would you think it would put the department in a bad light? Some people might view it that way. Who who - which one of the three of?cers was holding the camera, you described it as a sel?e? I don?t know. I don?t know. You can?t - you couldn?t tell from the way No, I I wanna say they?re some of their arms may have been cut off. Maybe. On the photo. 16 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 58] Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Rosenblatt: Sobieski: Cornell: Sobieski: Cornell: Sobieski: Cornell: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Okay. But you?re pretty sure - you don?t know which one of ?em?s holding it? No sir. Did you forward the picture to anyone? No sir. And there was no text with the photo. Not not that I can recall. All you got was just the photo Not that I can recall. Okay. Yes sir. Um, and this is the phone that you received the text on? Yes sir. Is there a password on that phone? Yes sir. What is that? Yes sir. What kind of phone is that? Uh, iPhone 8 Plus. Was Of?cer Woodyard in the picture? No. Was Of?cer Rodema in the picture? No. Joe, anything you?d like me to ask him? you know honestly, um, I have something. Uh, okay. Can we can we step out for one second? You can. Yep. a second. You can go around into the, uh, break room. Oh okay. 17 Page 17 INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Page I8 582 Interview pauses at 00:34:24 583 584 Cruser: Are those still goin?? 585 Sobieski: Yeah. 586 587 Interview resumes at 00:34:56 588 589 Cornell: Sorry about that. 590 Sobieski: That?s all right. Any other questions? 591 Rosenblatt: So, 592 Sobieski: Hold on. No other questions, you got any? 593 Cruser: No. 594 Cornell: No. 595 Sobieski: I?m done asking questions, is there anything you?d like to say? 596 Rosenblatt: Yeah, um, I?m sorry that this happened when I received the photo, I never 597 sent it, I never, um, propagated it or anything like that. Um, it made me 598 feel uncomfortable and I?m ready for it to all just be over with and done 599 with, and I?m tired of this coming up over and over and over again. Um, 600 yeah, I just I just want it to be over with 601 Sobieski: Okay. 602 Rosenblatt: And I, uh, I know it - you might see me as trying to be, um, indecisive 603 with my answers but I genuinely well, didn?t sit there and study the photo 604 or I just wanted it to go away. 605 Sobieski: Okay. 606 Rosenblatt: That?s the best way to explain it, I. .. 607 Sobieski: Everything 608 Rosenblatt: don?t want you guys 609 Sobieski: you?ve told me today and the Sergeant here is truthful? 610 Rosenblatt: Yes, yes sir. 611 Sobieski: Okay. All right. 612 Cruser: I don?t have any further questions, no I don?t have anything else. 613 Sobieski: It?s, uh, 1819, that?ll be the end of this interview. 614 615 Interview reconvenes at 18:37 18 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Cornell: Cruser: Cornell: Cruser: Cornell: Cruser: Cornell: Cruser: Rosenblatt: Cruser: Coronell: Cruser: Rosenblatt: Cornell: Rosenblatt: Cruser: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 5:43 PM Case# 20-25 Page 19 Okay, this is Sergeant Chris Cruser with the Internal Affairs Bureau, we?re back on the record, on IAB Case Number 20-25, with, uh, Of?cer, uh, Jason Rosenblatt. Um, Joe Comell?s here as the advisor or as the observer. It is 6- June 25th at 1839 hours. Uh, we?re back on the record to address the issue of Of?cer Rosenblatt?s phone, and the purpose of this is I wanna advise you that under 14.1.1, the Lawful Order directive, I?m ordering you to to submit your phone to the Internal Affairs Bureau for investigation. Um, once that?s complete and the contents are contained the phone will then be turned back over to you. Okay. So you are you going to - are you clear on that? Yes sir. Okay, do you have any questions about that? No sir. Okay. And and this is a direct order, this well and and the Yes. can we put it on the record why we?re doing this again? We?re doing this because it was a little bit of a slip. .. Yeah. you voluntarily giving Yeah, so yes to clarify, urn, in the previous interview the phone - the phone was brought up and Of?cer Rosenblatt was asked to voluntarily turn his phone over to us. Which he agreed to do. Which he did agree to do, but I am pointing out now as as the Sergeant in Internal Affairs that I am now making that under 14.1.1 and giving you a lawful order to turn that phone over to us. So are we clear on that? Yes sir. Does that make sense? Yes. Anything else? Okayhe?d like to I?d like to point something out so, Absolutely. 19 652 653 654 655 656 657 658 659 660 672 673 674 675 676 677 678 679 680 681 Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: Rosenblatt: Cruser: INTERVIEW WITH JASON Interviewer: Agent Tom Sobieski 06/25/20 - 5:43 PM Case# 20-25 Page 20 was looking, my phone is on right now ?cause I wanted to show, um, I do have messages back to January, and I don?t, um, I don?t think that one is in here, so I wanna say it was either prior to January or it was deleted from my or I personally deleted it, either way. It could?ve been one or the other one. Okay so based off what you?re looking at now you have records going back to Yes, and I?m not sure uh, wh- it when the auto-delete, I don?t know if it shows like the when you did get the ?rst message and then it deletes up and and then now you have sooner ones so I?m not sure how that works. That could be why, um, or if I just misjudged the time when i did the auto-delete. Or the it came in before January. That kinda makes sense ?cause I do remember it was cold Okay. .. S0 to clarify you don?t know whether you deleted it yourself or Or the auto-delete. .. yeah, I didn?t wanna mis-speak on the record Okay. after looking at it and looking through it, um, I?m not sure which one it is, Okay. That makes sense. Um, is there anything else? Uh, no, no sir. Okay. All right so we?re gonna go off the record so end of this secondary interview?s gonna be 1841 hours. Transcribed by Gail Grady 20 5 i? U) ?0000\10 {II-huh.) 000? LAID.) U.) D) MD) Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Cruser: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM Case# 20-25 Page 1 All right. All right. I?m Tom Sobieski of the Internal Affairs Bureau, today?s date is June 25th, 2020 and time is 1906 hours. This will be an interview of Of?cer Nathan Woodyard in regard to IAB Case Number 20- 25. Officer Woodyard would you please identify yourself with your ID number and present assignment? Uh, it?s 314452. I?m currently detailed to ESS. And you?ve read and signed the Garrity form? Yes. Do you have any questions about it? No sir. I?m gonna sign it as the investigator. And you understand that you are a subject of this investigation? Yes. Are you familiar with the Lawful Order directive? If not, it?s in that book, we can have you read it. Yes please. Okay. Yeah, if you have any if you have any questions let me know. Okay. We?ll make sure you understand everything. 14.1.1. Okay. Okay. Do you understand that you?re being ordered by the Chief of Police to answer my questions completely and truthfully, and if you refuse to answer my questions, or if you answer untruthfully or omit any material facts you will be subject to disciplinary action? Yes. Do you understand that you are also ordered not to discuss this case with any member of the department other than the APA or FOP rep or observer while the case is active? Yes. And in the event that an APA or FOP rep is involved in the case as a witness or a subject you can?t discuss the case with them. Okay. Urn, and just do you understand this room is monitored by audio and video equipment for investigative reasons? Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Chamberland: Sobieski: Woodyard: Sobieski: Chamberland: Sobieski: Chamberland: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM IA Case# 20-25 Page 2 Yes. Are you recording this interview yourself? No. Have you asked your rep to record the interview? No. And you?ve read and signed the N01. Yes. Okay, I?m gonna sign it as the investigator. Um, your IAB memo, which I have a copy of, it has some policies in there. Um, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. Do you have any questions about any of No. Hang on a second. I?ll make sure you get it before you leave. Um, you have chosen to exercise your right to have another member present as an observer during this interview. Do you understand that as a result of this choice that IAB cannot guarantee the con?dentiality of your case details except for those materials and statements presented to members of this bureau during the course of this investigation? Yes. Also present in the room is Sergeant Darren Chamberland. Sergeant Chamberland can you identify yourself with your ID number and present assignment? Sergeant Darren Chamberland, 301022, currently assigned to District 1 Days on the PTO team. Thank you. And Jason you checked the form indicating you wished to have an observer present and signed it? Is that correct? Yes. Um, Sergeant Chamberland do you understand that you are here as an observer and cannot offer advice, counsel or interfere with the interview in any way or you will be ordered to leave? Yes. Do you understand that you are also ordered not to discuss this case with any member of the department or any person you know or should reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active? Yes. 100 101 102 103 104 105 106 107 Sobieski: Chamberland: Sobieski: Chamberland: Sobieski: Chamberland: Sobieski: Chamberland: Sobieski: Chamberland: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM IA Case# 20-25 Page 3 Do you understand that y- that materials present in this room during the course of this inve- investigation - or interview are not available for you to review, peruse or access without the consent of the controlling investigator? Yes. Do you understand that you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Yes. Do you understand that your presence here is a privilege extended to you by the Chief of Police and any violation of these guidelines may result in forfeiture of this privilege? Yes. Are you recording this interview yourself? No. Have you signed this form? Yes. Okay. All right. Okay. Um, so reading the N01, you understand what the allegation is? Yes. Um, we received information that there may have maybe a text message or some photographs detecting, uh, possibly some unprofessional conduct by APD members, um, at the Elijah McClain memorial. Um, do you have any information about text message or photographs? Yes. Tell me about that. Um, I did receive a photograph several months ago, uh, with three people at the memorial. Do you remember what month? No. Can you give me a guess? 2019? Okay. And did you recognize where the photo was taken? Yes. How did you recognize that? From the background or the address Um, background. 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM IA Case# 20-25 Page 4 What was in the background that told you where it occurred? Um, the, uh, wall of 225 you know how 225 is elevated there, um, that?s I recognized that wall. Okay. And that?s on Billings Street? Yes. Do you know the address where that picture was taken? No. Do you what hundred block? (Unintelligible). .. block. Okay. Uh, picture in daytime, Uh, nighttime. Who was in the photo? Urn, Jaron Jones, Kyle Dittrich, Erica Marrero. And you worked with all these people? Yes. Or you know of them? You don?t have any doubt who was in the photo? Uh, dark, you can?t see ?em, you can?t tell who they are? It?s dark but I?m fairly con?dent. Okay. Um, who sent the photo to you? I don?t remember. Is it still on your phone? I don?t believe so, no. Did you delete it or do you recall how can?t be sure. You just don?t think it?s on your phone anymore? No, um, I did have a running auto-delete on my phone, Okay. I was given an order to preserve my phone. Uh, in regards to pending litigation in that case. Did you receive the order before or after this photograph? 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 - 7:06 PM IA Case# 20-25 Page 5 After. Okay. Um, what was your phone number? How did you receive the photo, was it an email or text? think it was a text. I can?t be certain. Um, so you don?t recall how the who the text was sent from? Or how that was displayed? I?m fairly certain it was a text, I don?t remember exactly who sent it. Okay. Was it a member of the Aurora Police Department? Yes, I believe so. But you don?t remember who? No, um, my best guess would be one of those three. Could you tell from the photograph if this was a sel?e, one of these three?s holding the phone Ibelieve so yes. Do you know who was taking the photo? can?t remember. Do you remember what order the people were in, were they all standing together? I think they were all standing together and I believe it was Kyle, Jaron and Erica. Okay. If I had to guess who exactly was taking the photo, either Kyle or Erica. So the phone was close enough that it looked like a sel?e? Yes. Were they in uniform? Yes. What part of the uniform can you see? Um. ..from about chest level here up. Okay. Did it appear they were on duty? Do you know what shift they work? Graveyards. 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: INTERVIEW WITH NATHAN WOODYARE Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM Case# 20-25 Page 6 Are you friends with any of those three? Yes. Have you talked to ?em about the photo? that I remember. no. If a member of the public saw the photo, would they would that cause them alarm or be upset by it? don?t think 1 can speculate as to what a member of the public would think. How?d it make you feel? Made me feel uncomfortable. Uncomfortable? Was the memorial for Elijah in the background of the photo? believe so, yes. Were they did it appear to you that they were grieving, or that they were trying to be funny or make fun of it? can?t speculate as to what they were thinking. It made you uncomfortable in what in what way? Um, really the whole incident has made me uncomfortable, so.. . just being at the memorial and being reminded of that is not something I. . .wanna remember or think about. But you never confronted those three, why they why they sent you that photo? that I can remember. Okay. Um, what were they doing in the photo? Do you remember were they doing anything or - what do you recall? Um, I remember it was the three of them, just all together. Uh. ..I think aron might?ve had his arms around Kyle. Okay. Laughing orjoking or serious or do you remember? don?t remember. Okay. Um, did you respond to the text? To reply at all? No, not that I remember. No? No. 206 207 208 209 232 233 234 235 236 237 238 239 240 Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Cruser: Woodyard: Cruser: Woodyard: Cruser: Woodyard: Cruser: Woodyard: Sobieski: Woodyard: INTERVIEW WITH NATHAN WOODYARD Interviewer: Agent Tom Sobieski 06/25/2020 - 7:06 PM Case# 20-25 Page 7 Um, and you don?t know if you deleted it or if you you didn?t save it in your photos? No. You just left it on your phone or did you delete it, I?m trying - sorry I Um, I?m sorry, it was like I said a long time ago. I understand. might?ve deleted it, I don?t know, like I said it made me uncomfortable. Okay. Did you bring the fact that you received this photo up to any supervisors with the Police Department? I did not. Why not? couldn?t say. Okay. Um, did you forward the photo to anybody? No. Did you tell anybody else about the photo? not that I remember. So when you got the photo, right, understand that you said you don't re- you?re not sure who sent it, could you tell did it go to multiple people, was it part of text string? Or was it just you? I don?t remember, I?m sorry. Okay. Um, you were asked about I know you stated you were uncomfortable by the photo, and you didn?t wanna speculate on what somebody else would think about it. So I?m asking you, when you viewed the photo, what did you think? Did you think it was somebody grieving? Or did you think it was more of something in - in bad taste, negative? I didn?t think they were grieving. Okay. So in your words what did what did it look like to you? like that they had smiles on their face. Okay. Was anybody making any gestures? With their hands or anything like that? I said. ..they were all next to each other and I remember Jaron had his arms around Kyle. Um, that?s all I can remember from it. Have you ever been to the memorial? driven by it while on duty. But I?ve not ever stopped there 241 242 243 244 245 246 247 248 249 250 25 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Sobieski: Woodyard: Cruser: Woodyard: Cruser: Sobieski: Chamberland: Woodyard: Chamberland: Cruser: Chamberland: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM Case# 20-25 Okay. We had information that there?s a picture of you at the memorial, is that true? You ever taken a picture up there? No. Do you think you still have the image on your phone now? No, I don?t think so. (Unintelligible) be right back. Wanna step out for a second guys? Stretch your legs? Yeah, you guys need a break or anything? Oh that?d be good. Yeah. Okay. This?ll still be running but Yep. Interview pauses at 00:15:36 Cruser: get back in. Where did they go out front? Interview resumes at 00:22:00 Chamberland: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: I guess (unintelligible). All right, um, did, uh, when you received the photo, was there any text with the photo? No. There was just the just the photo. Yes. And you didn?t reply you said. that I remember. Um, would you be willing to let us look through your phone, or would you look through your phone and see if you can ?nd that image? Do you have your phone with you? I do have my phone here. Urn, are you ordering me Yes. Page 8 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 29 1 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Woodyard: Sobieski: Woodyard: Sobieski: Chamberland: Sobieski: Woodyard: Sobieski: Chamberland: Cruser: Woodyard: Cruser: Woodyard: Cruser: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM IA Case# 20-25 Page 9 over my phone? Okay. And I wanna cooperate, I?d be willing to do that. Okay, do you think it?s still on your phone? I don?t think so, no. Okay. Um, Sarge, do you have anything any questions you, uh, want me to ask him? Um. . .no, not that I can think of right now. Okay. Anything else you wanna say about what happened, um, this is kinda your chance to say whatever you wanna say. No. Okay. It?s, uh you have anything? You did you want him to look through his phone right here? No, that?s, uh, that?s what I actually just gonna ask real quick, while we?re still on the record. Do you have the phone on you right now? Uh, it?s locked up with my, uh, ?rearm outside. Okay. Um, are you comfortable if we walk out there now, and grab that, and come back in? Sure. Okay. Interview pauses at 00:23:43 Chamberland: Sobieski: Cruser: I got to imagine, even these guys driving down that street makes ?em uncomfortable. You know? Uh, yeah. Yes sir. And then I?m gonna I?ll be right back. Interview resumes at 00:24:21 Sobieski: Woodyard: Sobieski: Woodyard: Okay. Is it ?rin? up? Oh, yeah, I can open it and you got access to it. Okay. What what?s the code to your phone? Uh, 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 Sobieski: Chamberland: Woodyard: Chamberland: Woodyard: Chamberland: Sobieski: Chamberland: Sobieski: Chamberland: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Chamberland: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM IA Case# 20-25 Page 10 So you?ve looked through your phone, please look through the text strings and see if it?s still there or, Would you know what phone number it would come from? I do not, no. Okay. No. And then only because there it could be like, you know, I was thinkin? it could be like lots of photos right? I mean, who knows, right? Do you guys have the photo to that he could see which one you guys are like speci?cally talking about? No. No. Nope. Do you have a cloud back up by chance or anything? Um. . .maybe? I?ll have to take a look. I?cloud. I?m just checking the individual text messages Okay. . . .those people and then a group text message that we had amongst our team. Are any of those three in your phone, in your contacts where if if they sent it to you it?d pop up with their name? Yep, they?re in my phone as contacts. So Jaron and Dittrich and Marrero, they?re in your contacts, all three? Yes. And then when that photo pOpped up, you don?t remember seein? their name? Who it came from? I can?t remember Okay. it came from, no. Okay. So nothing from the individual conversations with those peOple. Okay. I?m We?re talking back to September. 10 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 Woodyard: Sobieski: Wood yard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 - 7:06 PM IA Case# 20-25 Page ll Yeah. And just so I can scroll through all the messages on my Okay. there?s also a means to pull up strictly images that have been Okay. a conversation. Um, and I don?t think there?s dates associated with images, so I don?t think I can I don?t know when these would be would?ve been sent. But you don?t see the image that?s in question? No, I?m checking our group conversation we had as a team, for the past.. .year. .. Are they your team? They were on my team last year. Okaydifferent team but we share three of the same nights that we work. Why do you think somebody would send you that photo? Based on what?s happened? To be funny or to be cruel I have no idea. Don?t know? Okay. don?t know what they were thinking. And I don?t think it would be right to speculate on it. Okay. What kind of phone do you have? An iPhone. Do you know what number it is? 10R. What service do you have? Okay. ll 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Sobieski: Woodyard: Chamberland: Woodyard: Chamberland: Woodyard: Sobieski: Chamberland: Woodyard: Chamberland: Woodyard: Chamberland: Woodyard: Chamberland: Cruser: Sobieski: Cruser: Sobieski: Cruser: INTERVIEW WITH NATHAN WOODYARI Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM Case# 20-25 Page l2 No, it?s not in the photos from our group chat. Okay. I can check the photos on my phone but I?m almost positive that I didn?t save it. By ?didn?t save it? you mean deleted it? Or it auto-deleted? Or do you know? So for my phone I would have to manually save a photo from a conversation into my personal photos Gotcha. .. Why don?t you you just check your personal photos and see if maybe you stuck it in there. Okay. Can you switch that one to just like dates, and groups, and, Yeah. way you can narrow it down. Um, oh this one has the date at the top so, let me just go up here. Okay. No, from the date of August 17th, 2019 to today?s date it?s not in my personal photos. Okay. It was what, like 1300 or something, that is said on the bottom maybe? Um, total photos, over the lifetime of the phone, which is, Oh, yeah, Oh, okay. 1300 photos that I?ve taken and 80 videos. All right. Once, uh, what kind of phone is it? I got all that already. Oh you already have it? Yeah. Did you have the password? [2 407 408 409 410 411 412 413 414 415 416 417 4 8 4 9 420 42 422 423 424 425 426 427 Sobieski: Cruser: Woodyard: Cruser: Woodyard: Cruser: Woodyard: Cruser: Sobieski: Chamberland: Sobieski: INTERVIEW WITH NATHAN WOODYARD Interviewer: Agent Tom Sobieski 06/25/2020 7:06 PM Case# 20-25 Page 13 I do. Okay. Um, so are you are you willing to turn the phone over to us? Would you be ordering me to turn the phone over? Yes, I Okay. ordering you under 14.1.1, to turn that phone over to us. Okay, well I will cooperate and do that. Okay. Do you have any anything else? Uh, no. It?s, uh, 1939, that?ll be the end of this interview. Transcribed by Gail Grady l3 (X) GO NNM 00 LAWN b) LAD-I U.) Ul Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Cruser: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: INTERVIEW WITH KYLE DITTRICI- Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page Okay. My name is Tom Sobieski, I?m with the Internal Affairs Bureau. Today?s date is June 25th, 2020. Time is 2002. This?ll be an interview of Of?cer Kyle Dittrich? Uh, Dittrich. Dittrich. I?m gonna butcher that probably the whole time man. That?s all right. Um, in regards to IAB Case Number 20-25. Of?cer Dittrich, would you please identify yourself with your ID number and present assignment. Sir my name is Kyle Dittrich, uh, 314456. Currently assigned to Team 29 on, uh, D2 graves. Okay. Under Sergeant Hummel. All right, you?ve signed the Garrity Warning? Yes sir. Uh, this one. Uh, the 01 and the observer (Unintelligible) the Garrity. All right, hold on a minute. Have you sign the Garrity Warning. Um, you?re read and signed the Yes sir. Okay. I?m gonna sign as the investigator. And you understand that you are the subject of this this investigation? Yes sir. One of the subjects. Um, are you familiar with the Lawful Order directive? Uh, yes sir. Do you understand that you?re being ordered by the Chief of Police to answer my questions completely and truthfully, and if you refuse to answer my questions, or if you answer untruthfully or omit any material facts that you?ll be subject to disciplinary action? Yes sir. Do you understand that you are also ordered not to discuss this case with any member of the department, other than the APA or FOP rep or observer while the case is active? Yes sir. And in the event that a APA rep, um, or FOP rep or observer are witnesses, um, you can?t discuss the case with them. Yes sir. Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Gallagher: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Gallagher: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Gallagher: Sobieski: INTERVIEW WITH KYLE Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 2 Witnesses or subjects. Do you understand the room is monitored with audio and video equipment? Yes sir. Are you recording the interview yourself? No sir. Have you asked your rep to record the interview? No sir. All right, I?ll give you a second to read the Garrity form. (Unintelligible). No, no. All right, so you just read and you?ve signed the Observer for- or the Garrity form? Yes sir. Do you have any questions about it? No sir. I?m gonna sign as the investigator. And there is an observer present for the interview, uh, Aaron Gallagher. Of?cer Gallagher, could you identify yourself with your ID number and present assignment. Yes sir. Of?cer Aaron Gallagher, ID number?s 3141 14. Currently assigned to D1 Sector, Neighborhood Policing Unit. Thank you. You have chosen your right to have another member present as an observer during this interview. Do you understand as a result of this choice that IAB cannot guarantee con?dentiality of your case details, except for those materials and statements presented to members of this bureau during the course of this investigation? Yes sir. And you have signed and checked the ?wish to have an observer present?, is that correct? Yes sir. Of?cer Gallagher, do you understand that you are here as an observer and cannot offer advice, counsel or interfere with the interview in any way or you will be ordered to leave? Yes sir. Do you understand that you?re also ordered not to discuss this case with any member of the department or any person you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active? 100 101 102 103 104 105 106 107 108 Gallagher: Sobieski: Gallagher: Sobieski: Gallagher: Sobieski: Gallagher: Sobieski: Gallagher: Sobieski: Gallagher: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: INTERVIEW WITH KYLE DITTRICI Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM Case# 20-25 Page 3 Yes sir. Do you understand that the materials present in this room during the course of this investigation is not available for to available for you to review, peruse or access without the consent of the controlling investigator? Yes sir. Do you understand that you?re not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Yes sir. Do you understand that your presence here is privilege extended to you by the Chief of Police, and violation of these guidelines may result in forfeiture of this privilege? Yes sir. Are you recording this interview yourself? No sir. Is this your signature at the bottom of the form? Yes sir. I?m gonna sign it as the investigator. All right. So Kyle, um, reading the N01, urn, it?s alleged that you while you were on duty you were involved with other members of the Aurora Police Department in taking a sel?e or saf? sel?e-type photographs at the memorial for Elijah McClain. So that?s the allegation. Yes sir. Did that occur? That did, sir. Tell me about that. Uh, so, uh, sorry. Tissue there if you need it. Okay. 80, um, Of?cer Nathan Woodyard is somebody that I?ve worked with. He was in my Academy class, really good friend. Um, obviously he was involved in the, uh, altercation with Elijah McClain. Um, we, uh, myself and two other of?cers were in the area on a call, completely unrelated. After we were done with that call, after we handled it, we were walkin? back to our cars, and 1 just thought it would I thought it would be it would cheer Woody up if we took a sel?e. Um, we had, uh, Of?cer Jaron Jones, who just came back to Team 30, after he was on a suspension, um, and I just wanted to show Of?cer Woodyard that, you know, we um, in solidarity thinking of him, so I 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: INTERVIEW WITH KYLE DITTRICI Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 4 thought it would be funny if we took a photo there. And, uh, so the the three of us, we took a photo, um, at the scene and it was just a quick, you know, one photo. Um, we had, uh, Of?cer Jaron Jones put his arm around my head, kind of in a half-buddy-buddy but also like sort of as a (unintelligible) to the the carotid control hold which I realized afterward was in incredibly to say it was incredibly poor taste is an under- an understatement. Um, and I, uh, I sent the photo to, uh, to, uh, Of?cer Woodyard, hoping that it would, you know, kinda cheer him up and, um, I think his his response later when I talked to him in person was basically like, ?Hey that?s not cool, dude?. So, um, I eventually did delete the photo off of my phone so I no longer have it on my phone but that was months and months ago like long before I knew that this - this was coming. Okay. And What do you think you took the photo? Um, it would?ve had to have been in September or October or so, sometime. Of 2019? Yes. ?Cause it was, um, Of?cer Woodyard was still detailed to the Academy. Um, and that was at the end of August 2019 so maybe in September, I believe? Okay. And I apologize, this is all me at once. It?s okay. You need to step out or take a break just let me know. Um, were you on duty? Yes sir. And where was the picture taken? Um, I think the 1900 block of North Billings. How many pictures did you take? Uh, just one photo. And it was with your phone? Yes sir. And you took the photo? Yes sir. 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: INTERVIEW WITH KYLE Interviewer: Agent Tom Sobieski 06/25/20 - 8:02 PM IA Case# 20-25 Page 5 What?s your phone number? . And I also don?t have the same phone that I had, at the time, um, my phone got destroyed in another use-of-force incident, where we landed on my phone and it wouldn?t turn on. Okay. That was - I don?t remember when that was that was a Is there any way that photo?s stored on the cloud? I don?t believe so, I never synced my phone to the cloud or anything like that. Okay. And it wasn?t it wasn?t meant for like public dissemination or anything like that, it was just it was just meant for, you know, for my friend. Okay. Um, you were in the Yes sir. Jaron Jones was in the Yes sir. else? Uh, Erica Marrero. Who all did you forward the photo to? Um, I sent it, uh, we have a group chat, with, uh, the three of us and Of?cer Woodyard and it?s likely that was also in the in the group chat. And I likely would have sent it to Jason Rosenblatt as well, um, for the same - same reasons that I sent it to Of?cer Woodyard. Okay. Um, what time of day was this? When the photo was taken? Uh.. .it was during graveyard shift, I don?t know exactly what time but late. Late, uh, maybe 1 AM or so. How did you all agree to meet up there? We were already on there we were already there on a call, and it was just sort of a spur of the moment thing as we were walking out to our cars, we saw the candles on the on the side of the road. So it wasn?t like a planned thing, it wasn?t like, ?Hey let?s all meet up here and do So there was no MDC messages No, nothing like that. up here, do this? you didn?t have this pre-planned or anything? No, nothing like that sir. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 212 213 214 215 216 Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: INTERVIEW WITH KYLE DITTRICI-I Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 6 Okay. So tell me again who?s all on the group chat? Urn, it?s, uh, Nathan Woodyard, myself, Jaron Jones, Erica Marrero, and And then you you think you forwarded it also to Rosenblatt? Yes sir. I don?t speci?cally remember but I?m pretty sure that I would have. For the same reason is to try and to cheer him up ?cause we?re he wasn?t in my Academy class but we?d become close since. . .working together on the road since he was on he was on our our PTO that we overlapped withknow each other a little bit. And, um, were you all in uniform? Yes sir. Could you see that you were a Police Of?cer in the photo? I believe so sir. Is there anyone else that you sent this photo to that other than we?ve mentioned? No sir. ?Cause it wasn?t - I mean it wasn?t meant for like posting on Facebook or anything like that Mm-hm. the time I wasn?t you know, thinking about the conduct unbecoming policy, I was just you know my friend was hurting and I thought I could I thought I could do something to cheer him up. How did you figure a picture of - of where Elijah McClain died to be something to cheer anybody up? Um, I know that it?s incredibly poor taste, I just I have a dark sense of humor and I thought that maybe a call back to that incident would be you know, if we were to show Nathan that we were in you know in solidarity of him and thinking about him, this would be. . .something that?s referencing him speci?cally and that - like we we you know - we knew why that why the memorial was there, we knew why Nathan was hurting, and it was kind of to just connect the dots of the two. . .but I l? I realized later that it was an in- an incredibly poor taste um, deeply regret doing what I did. Case is kind of a big deal right now, isn?t it? Yes sir. I had no idea how in?ammatory it would be, at this time. And I know that I should have at the time but. . .I wasn?t thinking about any of that. Did you send the photo to Of?cer Rodema at all? 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 Dittrich: Sobieski: Dittrich: Sobieski: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: INTERVIEW WITH KYLE DITTRICE Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 7 I don?t believe I did, no I don?t think I even have Of?cer Rodema?s phone number. You don?t think you did? Let?s say the media has that photo right now. It would be disastrous sir. Pretty much the worst-case scenario I can think of. Okay. When you sent the photo did you send any text message with it? Um, no sir, not that I know of. So there was No. .. No verbiage or no text itself, just the photo? No sir. When did you talk to Woodyard? Um, I talk to him pretty frequently. About the photo. About the photo? Um, it might?ve come up at our Christmas Party, that I was talking to him about it. Okay. And then he would?ve he Did he reply back when he got the photo? He didn?t, no sir. Did Rosenblatt? I don?t recall. Did anybody? Um, I don?t recall sir. Okay. And your phone?s destroyed, it?s no longer available, it?s gone? Correct, I have my new phone if that helps But the photo?s not on there obviously right? No sir. And you don?t know about the - the cloud, if your text messages are stored on the cloud or not? 249 250 25 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Cruser: Sobieski: Dittrich: Cruser: Gallagher: Dittrich: Sobieski: Dittrich: Sobieski: INTERVIEW WITH KYLE DITTRICE Interviewer: Agent Tom Sobieski 06/25/20 - 8:02 PM IA Case# 20-25 Page 8 Um, when I got my new phone, I had tried to retrieve some text messages, ?cause I had some text uh, texts from a friend who had died, um, and they weren?t It?s okay. we weren?t able to retrieve those messages, so I?m 99 percent sure that there?s no backup on the cloud or anything with my text messages. Okay. And you mentioned is also on your group chat? Yes sir. Did any one of these people you sent this photo to contact any supervisor at the Aurora Police Department? Not that I know of sir. Did you? No sir. Just to clarify on the arm around you said it was your arm around, uh, aron Jones? neck? Um, Jaron Jones? arm around me. It?s Jaron Jones? arm around you and whose idea was that? It was my idea sir. And your idea was to show - you said solidarity but also kinda referring to Also Yes sir. I?ll be right back. Do you guys need to step out at all? We?re just gonna be a couple minutes. No sir. Okay. You need to (unintelligible) or anything? No. You need a water or anything? Um, no thank you. Okay. 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 INTERVIEW WITH KYLE DITTRICI- Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 9 Cruser: All right, we?ll be back in a couple minutes. The audio and recording?s still running. Gallagher: Yes sir. Interview pauses at 00:17:10 Dittrich: I?d rather just. . . get the (unintelligible) and just get this over with you know? Gallagher: Is there anything during that interview that you wish they would?ve asked or you have the opportunity to speak about? Dittrich: No. I guess - that I guess I?d like to know if the media does have it or if that was Gallagher: Mm-hm. Dittrich: but I don?t I know they can?t discuss stuff like that. Gallagher: Right. Dittrich: But I would assume that if someone in the media had it that it would?ve been all over the Gallagher: Mm-hm. Dittrich: before I even (unintelligible) hoping that?s it?s not - there?s no walking away from that. I mean, it?s still pretty bad. Gross, sorry. I?ve never been in this position before Interview resumes at 00:24:17 Sobieski: All right sorry about that. I just wanted to clarify that the phone you took the photo Dittrich: Has Sobieski: destroyed and not in your possession, and you have no idea if it?s been thrown away or where is it? Dittrich: Uh, we I had to turn it back in to to when I got the new phone. Sobieski: Okay. Dittrich: It wouldn?t it wouldn?t turn on or anything, there was no couldn?t access anything from it. Sobieski: What service do you have? 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 34 342 343 344 345 346 347 348 349 350 Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Sobieski: Cruser: Dittrich: Cruser: Dittrich: Cruser: Sobieski: Dittrich: Sobieski: Gallagher: Sobieski: Dittrich: Sobieski: Dittrich: INTERVIEW WITH KYLE Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 10 Uh, And con?rm your phone number one more time? And what?s your password on that phone? I don?t have a password on it?s not locked or anything. Would you be willing to let us, um, take your phone tonight and just dump it to look for that photograph? Yes sir. I?m sorry I was talking with you. Oh, yes sir. Okay. And then just to clarify, to cover, uh, all the bases, as far as the phone goes, Iknow that you willingly said you?re gonna you know let us look at it, but just so you?re aware, under under Lawful Orders, I am ordering you to give us your phone, to do the download. Yes sir. Okay. And I?m sorry, you said this doesn?t have a password? Correct, yeah you just just hit the middle key here or the side button and then just swipe up Okay. We should be able to get it down tonight. Yes sir. Um, Of?cer Gallagher anything you want me to ask him? Uh, if you wouldn?t mind, sir, if you would just consider asking the questions that I wrote down here. Sure. Yeah. Was it, uh, your intent to make fun or or make light of the gravity of the of Elijah McClain?s death? No sir. No. While at the incident. . .location, um, and in this subsequent sharing of the photo, did you make any negative or dis- disrespectful remarks about Elijah McClain? No sir, we didn?t we didn?t say anything, we just said, you know, ?Hey let?s take a picture and send it to Woody? and that was all that we discussed, we didn?t talk about the incident or we didn?t we weren?t it wasn?t an attempt to make light of of the death of anybody or it was 10 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 37] 372 373 374 375 376 377 378 379 380 381 382 383 384 385 Sobieski: Dittrich: Sobieski: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Cruser: Dittrich: Sobieski: Dittrich: Sobieski: Dittrich: Cruser: Sobieski: Dittrich: Sobieski: INTERVIEW WITH KYLE DITTRICP Interviewer: Agent Tom Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page II just to connect the dots with us all being back together and us being there for Woody and why we were there for Woody and why Woody was hurting. Okay. But it wasn?t it wasn?t an attempt to be at anybody?s expense particularly like that wasn?t the intention. Okay. Anything else (unintelligible)? No, the only thing I was gonna ask, the call that you were Yes sir. to this photo being Yes sir. Do you recall like I I realize it was a while ago Mm-hm. type of call that was I don?t at all. Okay. I mean it was probably But you three were on it? domestic or something yes sir. Okay. It was probably a domestic or something like that. Okay. Anything else you?d like to say, this?ll be your your opportunity to to say whatever I?m just crawling on the mercy of of the department and the Chief and. . .I don?t I don?t know what I?m gonna do without this job. (Unintelligible). I?m I?ve always tried to to do the right thing for the department and I never intended to make the department look bad and it?s I know that that?s exactly what I did and I?ve fallen short of that but I just - I didn?t I really regret what I did, and I hope that that that maybe I can get some leniency or - if there?s anything that I don?t know what I?m saying anymore sir. Just just really sorry for what I did and. . .that and obviously I?m here it?s accept responsibility for what I did and. ..that?s all. Sorry. Okay. It?s, uh, 2031, that will be the end of this interview. ll INTERVIEW WITH KYLE DITTRICP Interviewer: Agent Torn Sobieski 06/25/20 8:02 PM IA Case# 20-25 Page 12 386 Transcribed by Gail Grady 12 h?nn?u?r?n?nu?s? NM LAN U.) WOOD.) AWN DJ LII Obrecht: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: INTERVIEW WITH ARON Interviewer: Agent Torn Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page I You want me to move back over here? Correct? All right. Do you have any questions before we start? No sir. Okay. I?m Tom Sobieski of the Internal Affairs Bureau, today?s date is June 25th, 2020 and the time is 2058 hours. This?ll be an interview of Of?cer aron Jones in regard to IAB Case Number 20-25. Of?cer Jones, would you please identify yourself with your ID number and present assignment? I?m aron Jones. ID number is 314466, and I?m currently assigned to, um, detailed on the Narcotics Team. Thank you. Have you read the Garrity form? Yes sir. And you signed the form? Yes sir. Do you have any questions about it? No sir. I?m gonna sign it as the investigator. And you have read - had a chance to read the Yes sir. And you?ve signed the bottom of that as well? Yes sir. I?ll sign as the investigator. Do you understand you are one of the subjects of this investigation? Yes sir, I do. Are you familiar with the Lawful Order directive? Yes sir. Do you understand that you?re being ordered by the Chief of Police to answer my questions completely and truthfully, and if you refuse to answer my questions, or if you answer untruthfully or omit any material facts that you will be subject to disciplinary action? Yes sir. Do you understand that you are also ordered not to discuss this case with any member of the department, other than your APA or FOP rep or an observer while the case is active? Yes sir. Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Obrecht: Sobieski: Jones: Sobieski: Jones: Sobieski: Obrecht: Sobieski: INTERVIEW WITH JARON JONES Interviewer: Agent Torn Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page observer from either the FOP or APA is involved as a witness or a subject in the case, you can?t discuss the case with them either. I understand sir. Do you understand this room is monitored with audio and video equipment? Yes sir. Are you recording this interview yourself? No sir. Have you asked your rep to record this interview? No sir. Um, your IAB memo has some directives in it, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. 1? I think you reviewed those directives right before this interview? I did sir. Do you have any questions about any of ?em? I do not sir. Also present in the room is Sergeant Walt Obrecht. Sergeant Obrecht, can you identify yourself with your ID number and present assignment? Yes, Sergeant Walt Obrecht, O-B-R-E-C-H-T. 19970. Currently assigned D2 Patrol. You have chosen to exercise your right to have another member present during as an observer during this interview. Do you understand as a result of this choice, that IAB cannot guarantee the con?dentiality of your case details, except for those materials and statements presented to members of this bureau during the course of this investigation? Yes sir. And you?ve signed the observer form indicating you wish to have an observer present? Yes sir. Sergeant Obrecht, do you understand that you are here as as an observer and cannot offer advice, counsel or interfere with the interview in any way or you will be ordered to leave? Yes sir. Do you understand that you?re also ordered not to discuss this case with any member of the department or any person you know or reasonably 100 101 102 103 104 105 Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: INTERVIEW WITH JARON ONES Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page 3 should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active? Yes sir. Do you understand that materials present in this room during the course of this interview are not available for you to review, peruse or access without the consent of the controlling investigator? Yes sir. Do you understand that you are not allowed to conduct an inquiry or investigation into the facts surrounding this case? Yes sir. Do you understand that your presence here is a privilege extended to you by the Chief of Police, and violation of these guidelines may result in forfeiture of this privilege? Yes sir. Are you recording this interview yourself? No sir. Have you signed this form? Yes sir. I?m gonna sign as the investigator. May I say something before the interview begins? Yes sir. I?ve advised, uh, my member to leave his phone on, and on the table, and to shut it off in your presence, so you know it?s off. Okay. All right. Is it Jaron? It is sir. Jaron, um, you read the N01, correct? I did sir. You?ve been, uh, you got noti?ed of your complaint this afternoon, we?ve been interviewing a whole bunch of people, about an allegation that, um, while you were on duty, you were with some other members of this Police Department and you took a sel?e photograph at the memorial of Elijah McClain, up on Billings Street. Did that occur? It did sir. Tell me about it. 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 I31 132 133 134 135 136 137 138 Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: INTERVIEW WITH JARON ONE: Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page 4 Um, myself and two other of?cers, uh, were in the area on a call. And observed the memorial, um, and took a photograph in front of it, for the sole purpose to try and cheer up one of the members who were involved in the initial Elijah McClain event. Okay. Do you remember where you were at on a call? Or what the call was? Uh, to my recol- recollection I do not remember sir. Do you remember the date the picture was taken? I do not recall sir. Can you give me a - a estimate? A month? I genuinely do not recall sir, um, if I had to take a guess, maybe four months ago. Okay. Was the call on Billings Street itself? To my recollection it was sir. Whose idea was it to go over and take a sel?e? I do not recall sir. Who was with you? Uh, Of?cer Kyle Dittrich and Of?cer Erica Erica Marrero. Were all three of you on a call on Billings? To my recollection we were sir. Do you remember when you decided to go take a sel?e, was it something you decided earlier in the night, or was it something that just came up or do you remember? I do not recall sir. Were you on duty? 1 was sir. Were you in uniform? Yes sir. Did you take the picture? To my recollection it was not me who took the photo. Who took the photo? To my recollection it was, uh, Of?cer Dittrich that took the photo. How many photos did he take? 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: INTERVIEW WITH JARON JONES Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page 5 To my recollection he took one photo. Describe to me what everyone was doing in the photo when it was taken. Um, the memorial was behind us, Of?cer Dittrich had his, uh, [don?t remember which arm but his arm outstretched, um, taking a sel?e photo. Erica - Of?cer Marrero was standing I believe to our left, and I had my arm around, um, Of?cer Dittrich?s neck. So if I?m looking at the photo, who would be on the left side of the photo? It?s, uh, it?s hard for me to since it?s a sel?e it?s backwards. But I- if it was Okay I see what you?re saying. If you?re I believe Of?cer Dittrich would be on the left So you would?ve probably been in the middle most likely? I believe so, sir. Describe the the arm around the neck. Um, how would you like me to describe it sir? Well, other people have told me you were simulating a carotid. That true? I believe that to be accurate sir. Okay. Um, did you receive the photo? On your phone? I believe it was from my recollection it was sent in a group messagethat group message. Who was all on the group? From my recollection it was Of?cer Woodyard, Of?cer Dittrich, Of?cer Marrero, and me. Is the photo still on your phone? Not that I?m aware of sir. Did you delete it? I never saved it to my phone. Is the group text still on your phone? Uh, it was a long time ago so I doubt it sir. Okay. Urn, what kind of phone do you have? I have an iPhone I believe it?s an sir. XS possibly. Yes. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: INTERVIEW WITH JARON JONES Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM Case# 20-25 Page 6 What?s your phone number? What?s your password? Uh, sir. Would you be willing to voluntarily let voluntarily look at let us look in your phone for that photograph? Yes sir. Okay. Is there any was there any text messages sent with the photo? To my recollection [don?t remember what was said with the photo. Or Do you remember if there was any text at all? Or any response to the photo. Ibelieve there was, but it to my recollection I don?t remember what they were though. Did you send the photo to anyone, did you forward it to anyone? No sir. Do you know who else has seen the photo? No sir, I do not. Beside the people that we talked about in the group text? No sir, [do not. Tell us again why we took this photo. Not - who I consider to be my best friend in the department, Of?cer Woodyard, was going through a very dif?cult time, um, and wholeheartedly, uh, I was having I was struggling that with the fact that I couldn't cheer him up. Um, I tried to make light of his situation to try and help cheer him up. um, to try and help him process what he had been through. Um, and I thought the photo would acc- help me accomplish that. Um, that was my sole, uh, reasoning for taking the photo, it had nothing to do with anybody but Of?cer Woodyard, and my attempts to try and make, uh, his outlook on what took place lighter, in order to help him mentally, um, get in a better space. Let?s say the public has this photo right now. What would they think of it? I- I cannot, uh, say what the public would think of the photo Sure you can, you have an opinion, right? It you want my opinion sir? Yeah. I want your opinion. I believe that they would be, um, appalled by the photo. 207 208 209 210 211 212 213 214 215 216 217 218 219 220 22 I 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Sobieski: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Sobieski: Jones: Sobieski: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: INTERVIEW WITH JARON ONES Interviewer: Agent Tom Sobieski 06/25/2020 -- 8:58 PM IA Case# 20-25 Page 7 You guys weren?t there grieving Elijah McClain right? No sir. Whose idea was the arm around the neck? It was mine sir. And you were doing that to simulate the carotid. Yes sir. So just to clarify, Dittrich took the photo, and then sent it on the group text to the people that you named. To my recollection yes sir. Okay. You did not forward it to anybody else? No sir. Was there any type of text response to that photo from anybody that you can recall? I don?t recall the content of the text sir but I do remember there being responses. Do you remember who responded to that photo? My recollection from my recollection Of?cer Woodyard responded. Okay. Do you have any idea what the context of that response would?ve been? I genuinely cannot recall sir. Okay. Did anyone forward the text to Of?cer Rodema? Not that I know of sir. How ?bout Of?cer Rosenblatt? Not that I know of sir. Was on that text that you recall? Now that that?s brought to my or that?s brought up, I from my recollection she might?ve been sir. Okay. It it would make sense due to the fact that she?s on our ERT. So that was kind of your group team text? Y- yes sir yes sir. Okay. INTERVIEW WITH JARON JONES Interviewer: Agent Tom Sobieski 06/25/2020? 8:58 PM Case# 20-25 240 Sobieski: Have you have you been to the memorial any any other time other than Page 8 241 what we just talked about? 242 Jones: No sir. 243 Sobieski: You ever taken any other photos up there 244 Jones: No sir. 245 Sobieski: You aware of anybody else taking any photos up there that will will be 246 discussed? 247 Jones: No sir, I am not. 248 Sobieski: Okay. All right. We?re gonna step out for just a second. 249 Jones: Okay. 250 Sobieski: You guys need a break 251 Jones: This phone is still on, but it?s (unintelligible). 252 Cruser: Okay, okay. 253 Sobieski: No problem. 254 255 Interview pauses at 00:14:25 256 257 Obrecht: I?m gonna have them ask you a question. 258 Jones: Okay. 259 Obrecht: ?Cause the same as I tell you, always LUA. 260 Jones: Yes sir. 261 262 Interview resumes at 00:16:34 263 264 Cruser: All right. Couple things, 265 Sobieski: The Elijah McClain incident happened at the end of August in 2019. Do 266 you know how long after that you would have been involved in the photo? 267 Jones: Um, I genuinely do not sir. From my recollection I - I?d approximate it to 268 maybe four months ago. 269 Sobieski: Okay. 270 Jones: And, um, I genuinely do not recall. 271 Sobieski: Okay. Were you involved in the call with Elijah McClain? 272 Jones: I was not sir. 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 Sobieski: Jones: Sobieski: Jones: Sobieski: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Jones: Cruser: Sobieski: Jones: Sobieski: Jones: Sobieski: Obrecht: Sobieski: Obrecht: Sobieski: Jones: Sobieski: Jones: INTERVIEW WITH JARON Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page 9 You were off duty that night or you just weren?t there? I was off duty that night sir. Oh, okay. And we talked about the phone Yes sir. So I know you?ve already given us the password, said we could look through it, so ?rst I?ll ask, are you willing to turn the phone over to us to do a phone dump back right it?s my only phone. That is all Sarge. Okay. And just and I also wanna do is some clarifying, it?s just for the record, um, either way we under lawful order 14.1.1, I?m ordering Yes sir. give me your phone to Yes sir. then, um, we - once this is done we?ll talk to you and we'll work on making sure that can happen tonight. And and I believe I phrased that wrong I?m completely willing sir, I just, um, I have no other fo- forms of communication. I understand. And just to con?rm, it?s Yes sir. And then the password?s Yes sir. Okay. Walt, do you have anything? Yes sir. Okay. Would you mind asking Of?cer Jones, when he says to ?cheer up? Of?cer Woodyard physically or mentally, is that because of the news reports at the time, was it DA response or lack of response, or were there other reasons? Okay. So you mentioned ?cheering up? Of?cer Woodyard. .. Yes sir. why did you hear his question? I did. 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Obrecht: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: Sobieski: Jones: INTERVIEW WITH JARON JONES Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM IA Case# 20-25 Page 10 Go ahead and answer that. It was a combination of everything. He was ever since it happened was, urn, remorseful, and, um, critical of himself, um, and had trouble with his con?dence, um, it was his ?rst critical incident and, um, he didn?t know how it was gonna go, and he didn?t know the - the process fully or at least didn?t understand it and this is what my interpretation of my conversations with him is, um, he was having trouble with sleeping, um, I tried to talk him into going to see, uh, Nicoletti or Brower?s of?ce, um, and he was adamant about it. And he just wasn?t he was a shell of my friend. He was, uh, not himself. And I didn?t wanna I didn?t wanna leave him behind. I wanted him to know that I thought he act- he acted like a professional, and, uh, and I wanted to make him feel better. Uh, ?cause I didn?t think he was doing a good job on his own. I didn?t wanna leave my brother behind. Okay. And, uh, and that?s - that was, uh, a judgement I made on on how I was gonna go about it. Or how I went about it. Okay. Did you have any discussions with Of?cer Woodyard after the photo? Uh, other than the text message that the content of the text message, uh, which I I don?t recall what he said but it it wasn?t that much of a discussion after the text messages. No sir. Okay. Anything else Sarge? No sir, that?s ?ne. Okay, anything else you?d like to say Of?cer Jones? I?d like ?rst - like to apologize for my attire, um, I came from a plain-clothes assignment and, uh, soon as 1 got the information I came straight here. If I had the chance I?d go home and put a suit on Okay. represent myself the way I want to. You were ordered to come right here, right? Yes sir. Okay. Urn, I?d also like to say that I realize, uh, like you had discussed sir, if the public found out about this how this is perceived. And, uh, I?d just like it to be noted it?s not my intention at all to cause harm to any involved parties. My sole intention was to help a brother out. Uh, whether I used correct judgement or not is on me. 10 344 345 346 347 INTERVIEW WITH JARON ONES Interviewer: Agent Tom Sobieski 06/25/2020 8:58 PM Case# 20-25 Page II Sobieski: Okay. All right, it?s, uh, 2118. Uh, that ends the interview. Transcribed by Gail Grady ll v?nu?nv?r? r?n? 00 MN LII-9s NN MN \000 D) DO A Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 3:05 PM IA Case# 20-25 Page I All right, I?m Tom Sobieski of the Internal Affairs Bureau. Today?s date is June 26, 2020 and the time is 13- or 1505. This?ll be an interview of . yeah. There?s a lot of letter there. Yeah, well I?m Sobieski in regards to IAB Case Number 20-25. would you please identify yourself with your ID number and present assignment. Uh, my ID number is and I currently work at Okay. And you?ve read and signed the Garrity form? Yes sir. Do you have any questions about it? No sir. I?m gonna sign as the investigator. And you?ve read and you signed the Yes sir. Okay. And I?ll sign that as the Investigator as well. I can?t breathe. And you?re aware that you are one of the subjects of this in- this investigation? Yes sir. Are you familiar with the Lawful Order directive? Yes sir. Do you understand you?re being ordered by the Chief of Police to answer my questions completely and truthfully? Yes sir. And if you refuse to answer my questions, or if you answer untruthfully or omit any material facts you will be subject to disciplinary action. Yes sir. Do you understand that you are also ordered not to discuss this case with any member of the Police Department, other than the APA or FOP rep or observer while the case is active? Yes sir. Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Lutkin: INTERVIEW WITH Interviewer: Agent Tom Sobicski 06/26/2020 - 3:05 PM Case# 20-FOP rep, APA in this instance, um, if they're involved in the case in any way, you can?t discuss the case with them. Yes sir. Um, do you understand that this room is monitored by audio and video equipment? Yes sir. Are you recording this interview yourself? No sir. And you just got your memo when you walked into this building today, did you have a chance to review the directives that are listed on the memo? Yes sir. Um, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. Yes sir. Do you have any questions about any of those? No sir. Um, Judy can you identify yourself with your ID number and present assignment? Judy Lutkin, 20780 and D- District 3 PAR Area 26. Thank you. And you checked that you wish to have an observer present for this interview, is that correct? Yes sir. And you?ve signed the form? Yes sir. You have chosen to exercise your right to have another member present as an observer during this interview. Do you understand as a result of this choice that IAB cannot guarantee the con?dentiality of your case details, except for those materials and statement presented to members of this Bureau during the course of this investigation? Yes sir. Judy, do you understand that are here as an observer, and cannot of?cer advice, counsel or interfere with the interview in any way or you will be ordered to leave? Yes sir. Page 2 100 101 102 103 Sobieski: Lutkin: Sobieski: Lutkin: Sobieski: Lutkin: Sobieski: Lutkin: Sobieski: Lutkin: Sobieski: Lutkin: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 3:05 PM IA Case# 20-25 Page 3 Do you understand that you are also ordered not to discuss this case with any member of the department or any person that you know or reasonably should know will be interviewed as a witness during the preliminary or formal investigative process while the case is active? Yes sir. Do you understand that any materials present in this room during the course of this interview are not available for you to review, peruse or access without the consent of the investigator? Yes sir, I do. You understand that you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? Yes sir. Do you understand that your presence here is a privilege extended to you by the Chief of Police, and any violation of this and these guidelines may result in forfeiture of this privilege? Yes sir, I do. Are you recording this interview yourself? No sir, I?m not. Have you signed this form? Yes I have. I?m gonna sign as the investigator. All right. . Uh, so the the N01, um, did you read the And sign it? Yep. Um, we?re gonna talk about a photograph or a a couple of photographs, um, that you may or may not have received, um, it would?ve been August, All right. 2019. Okay. Involving members of this Police Department, um, at the Elijah McClain memorial. Okay. Up on Billings. 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 3:05 PM 1A Case# 20-25 Page 4 Okay. Do you recall ever receiving any type of photograph that sounds like that? No, so just real quick, before I say anything else, 1 just wanted to make sure that 1- outside of talking to Judy I haven?t consulted with any other like legal counsel or anything like that, any attorneys, anything like that so I just wanna make sure that I have that on record as well. Okay. So no, I don?t recall receiving anything like that. Okay. Um, where were what district, um, were you working last August- September-October? So last August-September I was working still in District 2, but I was on Team 31. Um, Ron Tan guma was my supervisor then. Who else were your team officers, do you remember? Uh, yeah, some of my team of?cers at that time would?ve been, uh, Kyle Stoeppel, um, shoot who else was on Team 31? Um, (unintelligible), um, I don?t know if] said his last name correctly or not, um, who else? Uh, Pearson, Godfrey, um, I honestly don?t remember the first names of Pearson, Godfrey, those were the team members that I had. Okay. Were you ever part of a chat group, text group, um, that would?ve had Dittrich, aron Jones, Marrero, and Woodyard? Uh, I?m currently a part of a chat group that has them on it. Currently. And I was last year, but 1 don?t believe I was at that time. Okay. Um, so I had planned to bid Team 30, which is they?re all members of Team 30 with me. Okay. Um, and I don?t believe I was on the the group strand until after the bid change or around the - like the bid that we did, so I don?t know if it woulda been maybe November-December? Okay. But I don?t remember one-hundred percent either when I was actually a part of the group strand. But you don?t think you were on that I don?t believe so. Okay. And you don?t, 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 3:05 PM IA Case# 20-25 Page 5 ?Cause I was still on Team 31 then, urn, (Unintelligible). little after - probably for two days out of the week, I overlapped with them on Friday-Saturday. Okay. And we were all still friends, um, and stuff but I don?t think I became a pan of the Team 30 group chat until around then. Okay. And you I you already answered it but you do you do not recall getting any photographs that I don?t the hard the hard part about our group strand?s like like right now for instance, we text all the time. All week long, we send memes, we send all kinds of Mm-hm. and forth, um, you know, anything from our families to our dogs to like I said just police memes, stuff like that, um, but I don?t recall anything like that. Okay. And you weren?t involved in taking the photo No. present at No. at all? No. Okay. I mean I work that beat. Okay. Last year I worked Beat Have you been to the memorial? I have not been there, I?ve driven past it, I?ve been on Okay. that area. I?ve I?ve worked my call that Okay. but I haven?t stopped to observe it, I haven?t stopped I Okay. 173 174 175 176 177 178 179 180 181 182 I83 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 20 1 202 203 204 205 206 207 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: Cruser: Cruser: Cruser: INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 - 3:05 PM IA Case# 20-25 Page 6 I haven?t done anything in regards to that. Okay. Um, so no, I haven?t hung around it, I guess so to Speak. Okay. But that was my beat ?.yean was your phone number at that time? At the time my phone number was still the same as it is now, so it?s Who do you all remember being on that text string? Um, so so the text string that we have is me, um, but this is right now so I - I don?t know, like I said I don?t think I was a part of then. Okay. The text string that we have now, that we typically reply to is typically me, um, my friend Erica Marrero, my friend Kyle Dittrich, um, my friend Nathan Woodyard, Jaron Jones, that?s typically who?s in any of our group strings. We?ve had other things where we?ve done things for a sergeant, where we have added other members from the team, you know, Austin Runyon is on Team 30. Okay. Um, and he?s been a part of that as well. Um, Jimmy Snapp is a part of Team 30 - he he?s typically on our regular strand as well, I forgot him. But?s he?s typically on our regular strand as well. Okay. You have anything? No, I mean, um, ju- I just real quick so were you ever made aware of a photo that was taken, that you?re aware of? Until this incident, no. Until this incident. Until this incident, no. Okay. All right. Just give us one minute, two minutes, and we?ll be right back. Interview pauses at 00:09:27 Lutkin: (Unintelligible). 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Lutkin: Lutkin: Lutkin: Lutkin: Lutkin: Lutkin: Lutkin: Lutkin: INTERVIEW WITH Interviewer: Agent Torn Sobieski 06/26/2020 3:05 PM Case# 20?25 (Unintelligible). Am I glad. (Unintelligible). my daughter was born. My f- my oldest daughter. Oh, really? Yeah, that?s why I did her birth time, and my younger daughter, her her middle name is so I did a rose. Oh, yeah. (Unintelligible). Both my daughters have, um, Mm-hm. And then, um, one of ?em (unintelligible). Yes. How are they doin?? They?re doing great, yeah, just burned out, I'm sure. So Melanie was, um, she was a part of that of?cer getting Yeah. she it?s so Yeah. Last few days were (unintelligible). Yeah. Interview resumes at 00: 10:37 Sobieski: Sobieski: Sobieski: Sobieski: Sobieski: When you said that you hadn?t heard about the photograph until this incident, did you mean this investigation or did you mean the incident involving Elijah? No, the investigation, I?m sorry. I should have clari?ed that. This Yeah. investigation - so just recently. Yeah. You heard about it. The investigation as far as like Elijah McClain goes I Okay. Page 7 INTERVIEW WITH Interviewer: Agent Tom Sobieski 06/26/2020 3:05 PM IA Case# 20-25 Page 8 240 I know what I know in regards to me being there that night, and I see 241 what?s in the media and everything that we?re going through as a 242 department with it right now, 243 Sobieski: Okay. 244 far as the photograph itself, I hadn?t heard anything about it until this 245 investigation. 246 Sobieski: Okay. Do you have anything? 247 Lutkin: I do not sir. 248 Sobieski: Anything else you think?s important to add that I haven?t asked or 249 250 Sobieski: might now know about? 251 I don?t think so, I mean, like I said it?s not something that I can recall or 252 think of 253 Sobieski: Okay. It?s, uh, 1515, that?s the end of this interview. 254 255 256 Transcribed by Gail Grady INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 1 1 2 3 4 Sobieski: Okay, all right, I’m Tom Sobieski of the Internal Affairs Bureau. Today’s date is June 25th, 2020, the time is 2133. This’ll be an interview of Officer Erica Marrero in regard to IAB Case Number 20-25. Officer Marrero, would you identify yourself with your ID number and present assignment? 5 Marrero: Uh, my ID number is 315829. And I’m District 2 graves Patrol Officer. 6 Sobieski: Okay have you signed the Garrity form? 7 Marrero: Uh, th- uh, I have not, I am right now. 8 Sobieski: Do you have any questions about it? 9 Marrero: Uh, no sir. 10 11 Sobieski: Okay. I’m gonna sign it as the Investigator. Did you read the NOI and sign that? 12 Marrero: Yes. 13 Sobieski: Okay. And you’re aware that you are one of the subjects of this investigation? 14 Marrero: Yes sir. 15 16 Sobieski: Okay, I’m gonna sign the NOI as the investigator. Are you familiar with the Lawful Order directive? 17 Marrero: Yes. 18 19 20 21 Sobieski: Do you understand that you’re being ordered by the Chief of Police to answer my questions completely and truthfully, and if you refuse to answer my questions, or if you answer untruthfully or omit any material facts that you will be subject to disciplinary action? 22 Marrero: Yes sir. 23 24 25 Sobieski: Do you understand that you are also ordered not to discuss this case with any member of the department other than your APA or FOP rep or observer while the case is active? 26 Marrero: Yes sir. 27 28 Sobieski: And if an FOP observer or rep is a witness or a subject to the alleged offense you cannot discuss the case with them. 29 Marrero: Yes sir. 30 31 Sobieski: Do you understand that the room is monitored with audio and video equipment? 32 Marrero: Yes sir. 33 Sobieski: Are you recording this interview yourself? 34 Marrero: No sir. 35 Sobieski: Has your – have – have you asked your repo to record this interview? 1 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 2 36 Marrero: No sir. 37 38 39 Sobieski: Um, your memo has some directives on there, Rights of Members Under Administrative Investigation, Making a False or Untruthful Declaration, and Individual Member Responsibility. Did you get a chance to review those… 40 Marrero: Yes. 41 Sobieski: …before this interview? 42 Marrero: Yes sir. 43 Sobieski: Do you have any questions about any of ‘em? 44 Marrero: No sir. 45 46 Sobieski: Sergeant Benedict can you identify yourself with your name and present assignment? 47 48 Benedict: Yeah, Sergeant Scott Benedict, uh, currently assigned to Traffic Division as a Crash Investigator, uh, Supervisor. 49 Sobieski: Okay. Officer Marrero, do you wish to have an observer present? 50 Marrero: Uh, yes sir. 51 Sobieski: Okay. Can I get you to check that and sign please? 52 Marrero: Mm-hm. 53 Benedict: You wanna call it 2130? 54 Sobieski: Sure. 55 Marrero: Do I have to fill out this part? 56 Benedict: No, that’s for me. 57 Marrero: Oh. 58 59 60 61 62 Sobieski: You have chosen your right – you’ve chosen to exercise your right to have another member present as an observer during this interview. Do you understand as a result of this choice, that IAB cannot guarantee confidentiality of your case details except for those materials and statements presented to members of this bureau during the course of this investigation? 63 Marrero: Yes sir. 64 65 66 Sobieski: Sergeant Benedict, do you understand that you are here as an observer and cannot offer advice, counsel or interfere with the interview in any way or you will be ordered to leave? 67 Benedict: Yes. 68 69 70 71 Sobieski: You understand that you are also ordered not to discuss this case with any member of the department or any person that you know or reasonably should know will be interviewed as witness during the preliminary formal investigative process while the case is active? 2 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 3 72 Benedict: Yes. 73 74 75 Sobieski: Do you understand that – that material or materials present in this room during the course of this interview are not available for you to review, peruse or access without consent of the controlling investigator? 76 Benedict: Yes. 77 78 Sobieski: Do you understand that you are not allowed to conduct an inquiry or investigation into the facts and circumstances surrounding this case? 79 Benedict: Yes. 80 81 82 Sobieski: Do you understand that your presence here is a privilege extended to you by the Chief of Police and that violation of these guidelines may result in forfeiture of this privilege? 83 Benedict: Yes sir. 84 Sobieski: Are you recording this interview yourself? 85 Benedict: No. 86 Sobieski: Did you sign this form? 87 Benedict: Yes. 88 89 90 91 92 Sobieski: I’m gonna sign it as the investigator. All right. So Erica, the reason we’re here is early this afternoon we received a allegation – a complaint – that was received by the Chief’s office, that you were involved with some other members of this Police Department, in taking a selfie photograph at the memorial of Elijah McClain. 93 Marrero: Okay. 94 Sobieski: Did that happen? 95 Marrero: Yes sir. 96 Sobieski: Can you tell me about that? 97 98 99 100 101 102 Marrero: Um, I remember responding to a call in the area. When we came out, um, it – like as we were coming out we realized the area that we were in, and we were like, ‘oh’, like ‘this is the area where it happened’ which Woody had his incident. And so we’re like, ‘Why don’t we take a picture, and we’ll send it to him just as like a ‘Hey’, like ‘look where we are’, like ‘thinking of you’ kinda thing. 103 Sobieski: Okay. 104 105 Marrero: I didn’t have any ill intent towards it, I honestly don’t even remember any of the conversation that we had. 106 Sobieski: Okay. Um, when did this occur? 107 Marrero: Uh, I don’t remember the exact date, it would’ve been… 3 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 4 108 Sobieski: The McClain… 109 Marrero: …shortly after… 110 111 Sobieski: …incident occurred late August of 2019, was it shortly after that or this year or… 112 113 Marrero: It would’ve been I think shortly after that, ‘cause like I – I remember it was so cold outside. 114 Sobieski: Okay. 115 116 Marrero: So I – I was still wearing my jacket so it had to be shortly after or the beginning of this year. I don’t think… 117 Sobieski: Somewhere around… 118 Marrero: Somewhere around then – I – and I don’t know if – I don’t remember. 119 Sobieski: Okay. You don’t remember the year if it was this year or last year? 120 Marrero: I – I’m pretty sure it was last year. 121 Sobieski: Okay, 2019? 122 Marrero: Yes sir. 123 Sobieski: And it was cold? 124 Marrero: Yes. 125 Sobieski: Were you on duty? 126 Marrero: Yes sir. 127 Sobieski: Uh, who was with ya? 128 Marrero: Uh, Officer Dittrich and Officer Jones. 129 130 Sobieski: Do you remember where the call was you went on? Was it on Billings Street or was it… 131 Marrero: It was… 132 Sobieski: …somewhere else? 133 Marrero: …on Billings. 134 Sobieski: Whose idea was it to go take the picture? 135 136 137 138 Marrero: I don’t remember, I – I think I m- I might have suggested it. I – I – in – in all honesty I don’t remember, ‘cause I – I didn’t think of it as a – a big thing, ‘cause I – I guess I didn’t mean any ill intent by it so I was just like, ‘Oh let’s send him like a hey we’re thinking of you’ kind of thing. 139 Sobieski: Okay. Who – who actually took the picture? 140 Marrero: It was either me or Kyle Dittrich. I can’t remember. 141 Sobieski: Okay. Is it on your phone? 4 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 5 142 Marrero: No. 143 Sobieski: What’s your phone number? 144 Marrero: . 145 Sobieski: And you don’t remember if you took it or not? 146 Marrero: In all honesty no. 147 Sobieski: You or Dittrich. 148 Marrero: Yes sir. 149 Sobieski: And Officer Jones was in the picture as well? 150 Marrero: Yes sir. 151 Sobieski: Describe the picture to me. 152 153 154 155 156 157 158 159 Marrero: I remember – I think we took two. One was of like the – uh – the grassy area and the building. And we took it and then I think at that point we were like ‘Oh he’s not gonna recognize where it was’ and then we saw the – like the lights of the memorial and so we turned around and we had it like in the far distance, and we took it and I remember – I think it was m- me, and then Dittrich and Jones. And I think I was leaning in like this smiling and then Dittrich – or Jones had his like arm over Kyle like this, and then we were all like all smiling. 160 Sobieski: Okay. Was it – what time of day was this? 161 Marrero: What time of day – it was night, uh, it was probably… 162 Sobieski: You workin’ graveyards? 163 Marrero: Yeah, we were working graves. 164 Sobieski: Do you remember what time you took the photo? 165 Marrero: No. 166 Sobieski: Who – who all got the photo? 167 168 169 170 171 172 Marrero: Uh, I think it was sent to our group text, so I think it would’ve been me, Dittrich, Jones, Woody, I think that was the – no, hold on, who else was in it? I don’t think Allen was still on it. I think it was just the four of us. I don’t know – I don’t think was involved in the d- the chat yet ‘cause I don’t think she was on our team, ‘cause it was last year. I think it was just the four of us. 173 Sobieski: Okay. 174 Marrero: So five including me. 175 Sobieski: And you were in uniform? 176 Marrero: Yes sir. 5 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 6 177 Sobieski: Could you see your – your uniform in the pictures? 178 Marrero: I believe so. 179 Sobieski: What did you do with the picture? 180 Marrero: Uh, we just sent it to group chat. 181 Sobieski: Um, did Officer Rodema receive the photo? 182 Marrero: Not that I know of. 183 Sobieski: Not from you? How ‘bout Rosenblatt? 184 Marrero: No. Not that I know of. 185 Sobieski: Woodyard did? He was on your group chat? 186 187 188 Marrero: Yeah he should’ve been on the group chat, ‘cause that’s what the purpose of the – the photo was, was to just be like ‘Hey we’re – we’re in the area, we were thinking of you’. 189 Sobieski: Uh, what phone service do – do you have? 190 Marrero: Uh, right now I have Sprint. 191 Sobieski: Was this your number back when this photo was taken? 192 Marrero: Yes. 193 Sobieski: Do you have… 194 Marrero: I… 195 Sobieski: …do you have the same phone? 196 Marrero: No. 197 Sobieski: Where’s your other phone? 198 Marrero: Uh, it’s at my house. 199 200 Sobieski: Would you be willing to get that phone and voluntarily give it to us to download to look at that photo? 201 Marrero: Sure. 202 Sobieski: What kind of phone is that? Is it a… 203 204 Marrero: Uh, it was a Pixel 3 – I don’t even know if it’s on it though, ‘cause I deleted the photo. 205 Sobieski: Why’d you delete it? 206 207 208 209 210 Marrero: Just ‘cause we deleted it after and then, um, it was in the group chat and so we, um, I started deleting my group chats, all of our – not just my group chats but all my text messages, ‘cause my phone didn’t have a rolling 30-day delete. Like I think it was four or five months ago I started doing it. Like just constantly deleting mine towards the beginning of every month. 6 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 7 211 212 Sobieski: Um, are you aware of anyone else that we haven’t discussed that may have seen the photo? 213 Marrero: No. I thought it was just our group chat. 214 215 Sobieski: Did you – did you send the photo out, you – or – can you remember if you took the photo or not? 216 217 Marrero: I – in all honesty I – I don’t remember, I remember that we took the photo, and then I remember it got sent to our group chat… 218 Sobieski: ‘Cause if you took it you would have had to send it out, right? 219 Marrero: Yes. And I just – I don’t remember sending it out. 220 Sobieski: Okay. Describe how everyone was in the photo again. 221 222 223 224 Marrero: Uh, the first photo that we took I honestly don’t remember, the one that I do remember was the one where I believe I was on this side, and I was leaning in, and then it was Kyle and Jones. And I was leaning in and Jones had his arm like around Woody like this. Like over his shoulder. 225 226 Sobieski: Okay. Was he just puttin’ his arm around him or was it – was he simulating a carotid control hold? 227 228 Marrero: From my memory it was just like one of the shoulder ones. It wasn’t like around the neck or anything. 229 Sobieski: Okay. Um, well say that po- that photo got released to the public today. 230 Marrero: Mm-hm. 231 Sobieski: What do you think the general public would think about that photo? 232 Marrero: In light of everything I don’t think it’d be a good thing. 233 Sobieski: How bad do you think it could get? 234 Marrero: With the climate right now pretty bad. 235 Sobieski: You weren’t there to, um, grieve for Elijah McClain right? 236 Marrero: No, we were responding for a call for service and then we realized… 237 Sobieski: I mean when you took the photo? 238 Marrero: No. 239 Sobieski: You said you were laughing? 240 Marrero: I was smiling in the photo. 241 Sobieski: Okay. 242 Cruser: So you it’s Jones that had his arm around, uh, I’m sorry – Dittrich, correct? 243 Marrero: Jones had his arm around Dittrich. 7 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 8 244 245 Cruser: Okay. Did – do you recall hearing that either one of them suggest to each other that they would do that to represent the carotid? 246 247 248 Marrero: I remember someone making a joke, like ‘oh maybe we should do the ceratoid in it’. And then I remember seeing a picture and then Jo- or Jones when he had his arm over it didn’t look like it at all. 249 Cruser: So who said ‘let’s do it as a carotid’? 250 Marrero: It was one of the boys, I don’t remember in all honesty. 251 252 Cruser: Do you recall seeing any text messaging back and forth in relationship to the photo, we realize obviously the photo was sent… 253 Marrero: Mm-hm. 254 Cruser: …was there any actual text message? 255 256 Marrero: I – I know we had a conversation back and forth but like I said in all honesty I – I don’t remember it. 257 Cruser: Okay so you don’t remember the context of any of the texts back and forth? 258 Marrero: No sir. 259 260 261 Cruser: Okay, after it was sent out, do you recall having a conversation with any of those people involved that you named that it went out to, about that photo or how anybody felt about it? 262 263 264 Marrero: I remember having a conversation going that we probably shouldn’t be like sending it to Woody because then Woody got named in the – the lawsuit, and so I think it was at that time and then we deleted the photo. 265 Sobieski: Did you tell any Aurora Police supervisors about the photo? 266 Marrero: Not that I recall. 267 Sobieski: What’s the, uh, passcode on your Pixel 3 at home? 268 269 Marrero: Uh, it was a – like a – a dotted one so like it – it went like – like this. Like that. 270 Sobieski: So this is the far left… 271 Marrero: Mm-hm. 272 Sobieski: …and that’s the middle and the far right? 273 Marrero: Mm-hm. 274 Sobieski: So just three rows? 275 Marrero: Yeah so you just go up and down. 276 277 Sobieski: Okay. I’m gonna step out for just a second. You guys need to take a break or anything? 278 Benedict: You all right? 8 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 9 279 Marrero: I’m okay. 280 Sobieski: Just give us a couple minutes we’ll be back. 281 Marrero: Okay. 282 Cruser: Audio’s still running. 283 Marrero: Okay. 284 285 Interview pauses at 00:15:33:02 286 287 Benedict: (Unintelligible). 288 Marrero: I feel bad like I just don’t remember any of it. (Unintelligible). 289 Benedict: They aren’t comfortable are they? 290 Marrero: No, especially when you have glasses. 291 Benedict: They getting all foggy? 292 Marrero: Yeah. (Unintelligible). 293 Benedict: Hmm? Yeah, easier – he’s gonna come up here, uh, (unintelligible). 294 Marrero: Okay. 295 296 Benedict: So, just keep doin’ what you’re doing and just keep answering truthfully and honestly and – so he’s just steppin’ out to confer with… 297 Marrero: Yeah. 298 Benedict: All the guys are watchin’ so… 299 Marrero: Mm-hm. 300 Benedict: …um… 301 302 Interview resumes at 00:20:42:06 303 304 Sobieski: Sorry about that. Um, did – did you say you – you talked to Woodyard? 305 Marrero: I – like in the group conversation or… 306 Sobieski: Yeah, after the photo was sent out or any time afterwards that… 307 Marrero: I… 308 Sobieski: …have you talked to him about the photo? 309 310 311 Marrero: We – yeah after it was discussed ‘cause we were talking about how then he ended up getting, you know, everything kinda went downhill with everything that happened. And then, um, they were doing, um, I think it was when he got 9 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 10 312 313 314 315 316 named in like the lawsuit? Or when all that went on that we were like, you know, we probably shouldn’t have this ‘cause people are gonna take it the way that – like we saw it. You know ‘cause we didn’t mean any ill intent or anything like that but I think that the way people would view it would be the wrong way. 317 Sobieski: Did he tell you how he felt when he received the – the – the photo? 318 319 320 321 Marrero: Mm, not that I remember talking to him about that. I think he was just like, lior I think it was, uh, I think it was Dittrich that was like, ‘Yeah, we probably shouldn’t’ like, talk about that stuff around him’, like in any reference to any of it, just ‘cause I know he was pretty upset about everything. 322 Sobieski: Okay. Um, where – where do you live? 323 Marrero: Uh, now? 324 Sobieski: I don’t need your address, the – what city? 325 Marrero: Uh, I live in 326 327 Sobieski: Okay. Um, if we can get you to run home and grab your phone and, uh, some kind of charging cable, with your phone… 328 Marrero: Yes. Okay. 329 330 331 332 Cruser: And then just to clarify with you, and I know you’ve already said willingly that you would do it, but I – just put it on the record so it’s advised that either way under 14.1.1, under Lawful Orders, I’m ordering you to get the phone and bring it… 333 Marrero: Okay. 334 Cruser: …okay? 335 Sobieski: Um, anything else Sarge? 336 Benedict: (Unintelligible). 337 Cruser: Okay. 338 339 Sobieski: Um…was what happened and – to Elijah McClain was – was that a tragic situation? 340 341 Marrero: Of course, I don’t know anybody who would want someone to die on this job, like our job as officers aren’t out there to go ha- harm people it’s to help them. 342 Sobieski: What about to his family, you think that it was a tragedy to his family? 343 344 Marrero: Of course, lo- I’m a mom, like if I lost my kid I’d be devastated. No matter what the circumstance. 345 Sobieski: Um, then you can see how the public might view that photograph. 346 Marrero: Of course. 347 Sobieski: Um, tell me what you want on the last one, I don’t understand that one. now. 10 INTERVIEW WITH ERICA MARRERO Interviewer: Agent Tom Sobieski 06-25-2020 / 9:33 PM IA Case# 20-25 Page 11 348 349 350 351 Cruser: Um, just steps taken, uh, for education purposes and public engagement and just kind of the, um, going forward with just kind of common – I guess the, uh, um, the educational purposes on a diverse community and, um, if there’s any steps being taken there, that she’s taken on herself, to participate in. 352 353 Sobieski: All right. Since this happened are you taking any – any steps to improve your community engagement? 354 355 356 357 358 359 360 361 362 363 Marrero: I’ve always strived to be someone that’s a good community like officer, you know, I’m – I definitely am one that – like you know when peo- we’re on calls and people are hyped up, like I try to talk to people, and sit there and go ‘Hold on, let me explain everything first’ because I tell people – if you’re able to talk to someone and explain everything that’s going on, a lot of times it takes people from here to down here. And so like I – I think I pride myself in the fact that I can calm a lot of people down in situations, and talk – and have a good, um, open line of communication, you know, to – to help like deescalate calls and – and get on someone’s level to where they understand what’s going on and why we’re involved. 364 365 Sobieski: Okay. Have – have you been back by the memorial since this photo was taken? 366 367 Marrero: Uh, I’ve driven past it for calls. I mean I’m area 13 so I get called over to area 12, we’ve driven past it, I haven’t taken any more photos… 368 Sobieski: Any other photos… 369 Marrero: …I haven’t… 370 Sobieski: …that – stoppin’ there? 371 Marrero: No. 372 Sobieski: Okay. 373 374 Marrero: I mean I’ve been to like the apartment complexes, the mobile homes over there… 375 Sobieski: Okay. 376 Marrero: …I haven’t stopped, nothing. 377 Sobieski: All right. Um, anything else? Anything else you’d like to say? 378 379 380 381 382 383 Marrero: I never intended for this photo to be something that was offensive to anybody, in all honesty it was just meant to – we were all going through really tough time with everything that happened with Woody, and it was – it was taken just to be like a – like ‘Hey we’re thinking of you’, like, ‘Hey we ended up in the same spot, it reminded us of you so we turned around and took the photo’. I’ve never meant to – to harm anybody in the process. 384 385 Sobieski: Okay. It’s, uh, 2159, that’ll be the end of this interview. Transcribed by Gail Grady 11 IAB #20-25 3. SYNOPSIS 1. Officer Jason Rosenblatt was advised that there was an allegation that he received text messages or photographs around March that depicted unprofessional conduct by members of the Aurora Police Department and failed to notify a supervisor. When asked if that occurred and he said, ?Yes sir.? He said he received a photo in a text that was taken at night at the memorial for Elijah McClain. He said he recognized the lights on the west side of Billings Street. Officer Rosenblatt said the photo made him uncomfortable because this incident was so fresh in his mind. He said this keeps being brought up and he just wants it to go away. He said he did not stare at the photo nor did he not know what the intentions were of the officers in the photo. He said there were three officers in the photo, all were in uniform, as he could see their shirts and badges and it was a selfie, but he could not tell who was taking the picture. He was asked three times who sent him the text and he said he did not know and that he honestly does not remember but he thought it was an officer from this department and the phone number started with 720. When asked who was in the photo he said, "Romero I think her name is, a female officer, Kyle Dittrich was in the photo [believe and Jaron Jones. He said he thought Romero's first name was "Alisha." He said he thought that was her name. Sergeant Cruser asked Officer Rosenblatt to clarify the names as he seemed a bit unsure about Romero. He said he was sure it was Kyle Dittrich and Jaron Jones and he was "pretty sure about Romero. Sergeant Cruser then opened APPS on the computer in the interview room and pulled up Officer Sara Romero, and he said it was not her. Erica Marrero was then pulled up by Sergeant Cruser and Officer Rosenblatt identified her as who was in the photo. not Romero. Officer Rosenblatt said he replied to the photo with, "ha ha. He was asked what "ha ha" meant to him and he said, "People that know me know that I have a nervous laugh and/ wanted to give something short and concise and not engage in anyway and just let them know and kind of just be done with it. He said if you give a short response you sort of close yourself down in the discussion a little bit and hopefully more stuff like this wouldn't come. He thought that the text was only to him and not a group and said he did not forward the photo to anyone. He said he no longer had the photo stating he was not sure at this time if he deleted manually it or if it auto deleted. Officer Rosenblatt said he did not tell any of his supervisors about the photo stating, honestly, I was undera lot of stress from this incident and I just wanted it to go away. IAB #20-25 2. Officer Nathan Woodvard was advised that there was an allegation that he may have been involved in text messages and a photograph depicting unprofessional conduct by members of the Aurora Police Department at the Elijah McClain memorial and that he failed to notify a supervisor. He was asked if he had any information about these allegations and he said, "Yes." Officer Woodyard said, did receive a photograph several months ago with three people at the memorial. He estimated that he received this photo as a text in September of 2019. He said he recognized where the photo was taken as he could see the wall of 225 and knew it was taken on Billings Street around the 1900 block. He said the picture was taken at nighttime. He said he did not remember who sent the text but believed it was a member of the Aurora Police Department and his best guess would be it was one of the three in the picture. Officer Woodyard was asked who was in the photo and he said, "um Jaron Jones, Kyle Dittrich and Erica Marrero. He said he has worked with and knows them all and was confident it was them in the photo. He said he no longer has the photo and couldn't be sure if he deleted it or if it auto deleted but it was no longer on his phone. He said it appeared the photo was a selfie and they were all standing together and it was Kyle, Jaron then Erica and it had to be either Kyle or Erica who was taking the photo. He said they were all in uniform and could be seen from the chest level up and it appeared they were on-duty. He said they were all standing together and he thought Jaron had his arms around Kyle. He said, didn?t think they were grieving" and it looked like they had smiles on their face. He said the photo made him feel uncomfortable saying, "um, really the whole incident has made me feel uncomfortable, so being at the memorial and being reminded of that is not something I wanna remember or think about. He said he did not respond to the text or forward it to anyone nor did he remember telling anyone else about it. He was told there was an allegation that there was a picture of him at the memorial and was asked if that was true and he said, "No. He said he has never been to the memorial. When asked if he told a supervisor at the Aurora Police Department about the photo he said, did not. He paused for quite a few seconds when asked why not and said, co u/dn 't say. IAB #20-25 3. Officer Kyle Dittrich admitted being on-duty and in uniform while taking a selfie photograph with his cell phone at the roadside memorial for Elijah McClain. He felt the photo was taken in September or October of 2019 at approximately at 1:00 am. in the 1900 block of Billings Street. He said this was a spur of the moment decision he made as he was walking back to his car after handling an unrelated call and he saw the candles on the side of the road. He said Officer Jaron Jones and Officer Erica Marrero were with him. Officer Dittrich said, thought it would be, it would cheer everybody up, if we took a self/e, um, we had uh Officer Jaron Jones who just came back to team 30 after he was on a suspension, um, and I just wanted to show Officer Woodyard that we were together, um, in solidarity thinking of him. So, I thought it would be funny if we took a photo there, and uh the three of us took a photo at the scene. It was just a quick, you know one photo, um, we had Officer Jaron Jones put his arm around my head kind of in a half buddy-buddy but also sort of as homage to the carotid control hol He said, realized afterwards that this was in incredibly, to say it was incredibly poor taste is an understatement. ?He said he sent the photo to Officer Woodyard hoping that it would ?cheer him up.?He said he talked to Officer Woodyard later and he said Officer Woodyard's response was, ?hey, that?s not cool dude.? Officer Dittrich said he sent the photo to his friends on a chat group which included himself, Jaron Jones, Erica Marrero, Officer Woodyard and possibly Officer . Officer Dittrich said that he likely would have sent it to Jason Rosenblatt as well for the same reasons he sent it to Officer Woodyard, ?to cheer him up.? He said if the media got the photo it would be disastrous. Officer Dittrich voluntarily surrendered his cell phone for the purpose of looking for the photograph and was also given an order by IAB Sergeant Chris Cruser. Two photos were in the images folder. One photo shows Officer Dittrich who is smiling and appears to be holding the phone and taking the picture. Officer Jones has his right arm around Officer Dittrich's neck and Officer Erica Marrero next to Officer Jones smiling. In the background is what appears to be the McClain memorial. The top part of Officer Dittrich?s badge is visible in the photo as is a portion of the Aurora Police patch on Officer Jones uniform shirt. The second photo shows Officer Dittrich who appears to be holding the phone and taking the picture. Behind him and to his right is Officer Marrero and behind her and to her left is Officer Jones. All three officers are smiling are in uniform. The background is a grassy area between a sidewalk and a brick building. It appears this photo was taken at 1768 Billings Street where the Elijah McClain incident occurred. IAB #20-25 4. Of?cer Jaron Jones was advised that there was an allegation that while he was on duty, he was with other members of the Aurora Police Department when a selfie photo was taken at the memorial for Alijah McClain on Billings Street. He was asked if that occurred and he said, "It did sir. He said, "Myself and two other of?cers were in the area on a call and observed the memorial and took a photograph in front of it for the sole purpose to try to cheer up one of the members that was involved in the initial Elijah McClain event. When asked who was with him he said, "Of?cer Kyle Dittrich and Of?cer En'ca Marrero. He said he could not remember if the idea to go take a selfie was something that just came up while they were on the call or if it was something they planned earlier. Of?cer Jones said he was on duty and in uniform when the photo was taken but did not remember what the call was or the date the photo was taken and guessed it was four months ago. He said to his recollection it was Of?cer Dittrich that took the photo and that one photo was taken. When asked what everyone was doing in the photo, Officer Jones said, "uh the memorial was behind us, Officer Dittrich had his, uh, I don 't remember which arm, but he had his arm outstretched taking a sel?e photo. Erica, Of?cer Marrero was standing, I believe, to our left and I had my arm around Of?cer Dittrich's neck. Of?cer Jones was asked to describe his arm around Officer Dittrich's neck and was asked if he was simulating the Carotid and he said, believe that to be accurate sir. When asked whose idea the simulated Carotid was Officer Jones said, ?It was mine sir. Officer Jones said he received the photo on his phone and said it was sent on a group text which included himself, Of?cer Woodyard, Of?cer Dittrich, Officer Marrero and maybe . He said he never saved the photo to his phone nor did he share it with anyone and did not know if anyone else did. He thought there was some response to the photo from Of?cer Woodyard but could not remember what that was. When asked what the public would think about the photo, Jones said in his opinion, believe the public will be, uh, appalled by the photo. Of?cer Jones said, realize, um, like you had discussed sir, if the public found out about this and how this is perceived and uh it was not my intention at all to cause harm to any involved parties, my sole intention was to help a brother out, whether I used correct judgment or not is on me. 3-4 IAB #20-25 5. Officer Erica Marrero was told the reason she was in internal affairs was because a complaint had been received by the chief?s office alleging that while she was on duty, she was involved with other members of the Aurora Police Department in taking a selfie photograph at the memorial of Elijah McClain. Officer Marrero was asked if that had happened and she said, ?Yes sir." She remembered responding to a call in the area and when they came out they realized this was where ?Woody" had his incident. She could not remember when the photo was taken other than it was cold and in 2019. Officer Marrero said, ?We were like so why don ?t we take a picture and we will send it to him just like a hey look where we are, like thinking of you kind of thing. I didn ?t have any ill intent towards it I honestly don 't even remember any other conversation that we had. Officer Marrero said she was on duty and in uniform when this occurred and she was with Officer Dittrich and Officer Jones. Officer Marrero said she did not remember whose idea it was to take the picture. She said, might have suggested it. I didn?t think of it as a big thing because I didn?t mean any ill intent by it so I was like let?s just send him a hey were thinking of you kind of thing. ?When asked who took the picture Officer Marrero said, ?It was either me or Kyle Dittrich, I can 't remember.? When asked to describe the picture Officer Marrero stated, remember, think we took two, one was of like the grassy area and the building and we took it and then I think at that point we were like oh he is not going to recognize where it was and then we saw like the lights of the memorial and so we turned around and we had it in like the far distant, and we took it and I remember I think it was me and then Dittrich and Jones and I think I was leaning in like this smiling and then Dittrich or Jones had his arm over Kyle like this and we were like all smiling. She said, remember someone making a joke like oh maybe we should do the Carotid in it and I remember seeing the picture and then Jones and Jones when he had his arm over it didn?t look like it at all.? She did not remember who suggested doing the Carotid but said it was one of the boys. Officer Marrero was asked what would the general public think of the photo and she said, ?In light of everything, I don?t think it would be a good thing.? At the end of the interview Officer Marrero said, never intended for this photo to be something that was offensive to anybody, in all honesty it was just meant to, we were all going through a really tough times with everything that happened with Woody and it was taken to be just like a hey were thinking of you, like, and we ended up in the same spot and it reminded us of you so we turned around and took the photo. I never meant to harm anyone in the process. IAB #20-25 6. Officer was advised that there were allegations that she may have received photographs involving members of the department at the Elijah McClain memorial on Billings. When asked if that had occurred said, ?No [don?t recall receiving anything like that.? was asked if she was ever part of a chat group/text group that would have contained Officer?s Dittrich, Jones, Marrero and Woodyard. She said she currently was part of a chat group containing those officers but was not part of the group back in August or September of 2019. She said those officers were all on team 30 and she did not join that chat group until after she bid that team in November or December. said she was on the call the night of the Elijah McClain incident but was not involved in the taking of any photos and has not visited the memorial. She said she was never made aware of a photo by anyone until this IA investigation. Date the photos were taken: A Burglary call for service was located on October 20, 2019 at the Sage Creek Apartments at 1768 Billings Street, #211. The CAD report (2019-359774) shows Officer?s Jones, Dittrich and Marrero were dispatched to the call. Officer Jones, working car 312, cleared the call at 01:35:29 am. Officer?s Dittrich and Marrero were a two-officer car working car 313. They cleared the call at 01:35:54 am. The location of the Elijah McClain incident was at the Sage Creek Apartments at 1768 Billings Street. It occurred on August 25, 2019. Officer Kyle Dittrich stated one photo was taken in September or October of 2019 at approximately 1:00 am. in the 1900 block of Billings Street at the Elijah McClain memorial. He said it was taken after handling an unrelated call in the area with Officers Jones and Marrero. Officer Jaron Jones said one photo was taken at the Elijah McClain memorial on Billings Street after he and Officer? 5 Dittrich and Marrero handled a call in that area. He did not remember what the call was or the date the photo was taken and guessed it was four months ago. IAB #20-25 Officer Erica Marrero said she remembered two photos being taken with one containing the grassy area and the building in the background and the second containing the memorial. She could not remember when the photo was taken other than it was in 2019 and it was cold. She said the photo was taken after herself, Officer Dittrich and Officer Jones responded to a call in that area. Cell phone download and searching: IAB Lieutenant Carlson called all the subject member officers and requested they respond to the IAB to be interviewed in reference to a complaint involving text messages. Lieutenant Carlson requested that they bring the cell phones each had around September of 2019. Lieutenant Carlson emailed each subject member an Memo with the allegation of 14.2.1 Conduct Unbecoming. The subject members were each issued more specific NOl?s prior to being interviewed. Each subject member had an Observer and reviewed the Directives stated in the memorandum prior to being interviewed. All subject officers (except for who was not requested after saying she did not receive the text/photo) voluntarily surrendered their cell phones for the purpose of downloading and searching for photographs or text related to this allegation. After Officer Rosenblatt?s interview, his Rep., Officer Joe Cornell, requested that a lawful order be given for the surrender of Rosenblatt's cell phone. This request was granted by Lieutenant Carlson and was done on video in the interview room. For continuity, all subject members were then given lawful orders to surrender their cell phones for searching for the photos by Sergeant Cruser at the end of each interview. The subject officers all maintained custody of their cell phones and took them individually to Agent Del Matticks at Headquarters and the phones were downloaded. The phones were then returned. Individually labeled thumb drives were supplied by Agent Matticks to Internal Affairs containing the data for each officer?s phone. Officer Dittrich said that he took one photo with the memorial in the background. Officer Jones remembered one photo being taken at the memorial as well. IAB #20-25 Officer Marrero thought she might have taken the photos. She remembered two photos being taken with one containing the grassy area and the building in the background and the second containing the memorial lights in the background. Officer Dittrich?s phone images were searched first. The two described photos were located in the images file. There were 2638 images. One photograph shows Officer Dittrich who is smiling and appears to be holding the phone and taking the picture. Officer Jones has his right arm around Officer Dittrich's neck and Officer Erica Marrero next to Officer Jones smiling. In the background is a street and across the street is a wall which appears to be the McClain memorial. The top part of Officer Dittrich?s badge is visible in the photo as is a portion of the Aurora Police patch on Officer Jones uniform shirt. The details page for the photo taken of the memorial shows it was taken on October 20, 2019 at 01:22:07 am. then modified on 10/20/19 at 01:44:18 am. (MST). The second photo shows Officer Dittrich who appears to be holding the phone and taking the picture. Behind him and to his right is Officer Marrero and behind her and to her left is Officer Jones. All three officers are smiling. Officer Dittrich's badge is clearly visible and all three are in uniform. The officers appear to be standing in a grassy area between a sidewalk and a brick building. It appears this photo was taken at or near where the Elijah McClain incident occurred. The details page for the photo taken of the grassy/building area does not show when it was taken but does show it was modified on 10/20/2019 at 01:42.14 a.m. (MST). Officer Marrero's phone images were searched next. No photos related to this incident were located. It was determined since Officer Dittrich and Officer Marrero stated they took the photos their images would be searched first and if the images were located none of the remaining Officer?s phone images would be searched. Since Officer Rosenblatt said he replied with a text after he received the photo his texts were searched. No texts related to this incident were observed. IAB #20-25 The allegation against all subject officers is 14.2.1 Conduct Unbecoming. 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. IAB #20?25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Kyle Dittrich #314456 gown/~69 IAB Commander?s Recommended Fi ng Date 1A5 Commander Signature ?/Zd /90.9?2 Chief's 80 Finding Date . Deputy Chief Signature Chief's Fieview Board Recommendation(s): 7% Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer's on-duty or in- unifon'n conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to re?ect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Jaron Jones #314466 ciSf?V/Va 37,75 IAB Commander's Recommended Finding Date Camus? IAB Commander, Signature 54/57?/n/? ,3 /20?20 Chief's Rg?yeoar Finding Date Deputy Chief Signature . Chief?s Review Board Recommendation(s): 7Z1 jd/477w Brady Disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer's on-duty or in- uniform conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecomlng Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Erica Marrero #315829 farm/Meg Q/Zf/?a . IAB Commanders Recommended Finding Date I IAB Comman er Signature ?Weave/2,3 3 61/ 0279.0 Dale 7 ,4 2% epu hiel Signature Chief?s Review Board Recommendation(s): 75E ?Dru/977% Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. FIB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer's on-duty or in- uniforrn conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both an and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer 6/fo/5La IAB Comman ?5 Recommended Finding Date lie Comman er Signature n/ ext/Dab maje?d? 9 Date Dedty Chite/I Signature Chief's Review Board Recommendation(s): Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in 1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer's on-duty or in- unifon'n conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Jason Rosenblatt #315112 Kym/Ala) 6/30/24? IAB Commander's ?ecomm ed Finding Date Commander Signature 1? fag?ozwe gml?iFtevie-w?ard Finding Date 4% Deputy Chief Signature Chief's Review Board Recommendation(s): Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniforrn conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Nathan Woodyard #314452 A/or diam/Ma 30/510 IAB Commander?s Recommended Finding Date WM IAB Commander nature A/a? 5/2/9549 <2 ghjgi's Review Board Finding Date Deputy Chief signature Chief?s Review Board Recommendation(s): Brady Disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in 1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed lA investigations. Applies to specific incidents of an officer?s on-duty or in- uniform conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Kyle Dittrich #314456 gram/N639 IAB Commander's Recommended Fi ding Date M. We A?Commanfder Signature Chief?s Review Board Finding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniforrn conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Jaron Jones #314466 ?ve/mac 9/37/27? IAB Commander's Recommended Finding Date (Al?e/V IAB CommanderSignature Chief?s Review Board Finding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1 119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniforrn conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Erica Marrero #315829 . . fme/gg IAB Commander's Recommended Finding Date WQAMM I IAB Command? Signature Chief's Review Board Finding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniforrn conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer 6/30/10 IAB Comman r's Recommended Finding Date I i 1X8 Commander Signature Chief's Review Board Finding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- unitorm conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2. 1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Jason Rosenblatt #315112 6/37/29? IAB Commander?s Recomm ed Finding Date WM I IAB Commander Signature Chief's Review Board Funding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniform conduct involving contact with the public. IAB #20-25 4. SPECIFICATIONS OF CHARGES AND FINDINGS 14.2.1 Conduct Unbecoming Members will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unprofessional conduct and irresponsibility will include that which brings the Department into direct disrepute, publicly or amongst its members, reflects direct discredit upon the member, or impairs the operation or efficiency of the Department or member. Officer Nathan Woodyard #314452 0/ 30/ 9.0 IAB Commander's Recommended Finding Date [My] IAB Commander St?ature Chief's Review Board Finding Date Deputy Chief Signature Chief?s Review Board Recommendation(s): Brady Disclosure - consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. CRS 24-33.5-114 - required whenever an officer has a sustained finding for a misrepresentation in (1) any testimony of affidavit related to the arrest or prosecution of a person or (2) during the course of any IA. HB-1119 - created standard for access to records on completed IA investigations. Applies to specific incidents of an officer?s on-duty or in- uniforrn conduct involving contact with the public. 5. SUMMARY OF DISCIPLINE IAB Case #20-25 Officer Kyle Dittrich #314456 Officer Erica Marrero #315829 Officer Jason Rosenblatt #3151 12 Officer Nathan Woodyard #314452 Officer Jaron Jones #31 1466 Date Violation 12/05/2019 14.1.5 Conformance to Law Officer Date Violation IAB #20-25 No prior discipline No prior discipline No prior discipline No prior discipline 2mm Suspension: 160 hours Discipline Aurora Police Department City of Aurora Worth Discovering - AuroraGm-nrg Of?ce of the Chief of Police Disciplinary Order Date: December 4, 2019 To: Of?cer Jaron Jones #314466 From: Paul O?Keefe, Acting Chief of Police Re: IA Case #19-21 Please be advised that I have reviewed in its entirety IAB Case #19-21. In making my determination, I make the following ?ndings and orders: 1. FINDINGS OF FACE: I adopt as my ?ndings of fact the Summary of Evidence prepared by the Internal Affairs Bureau. 2. DISCIPLINARY QRDER: Taking into account all of the above, it is my determination that you are suspended without pay for 160 hours. The date and time of the suspension shall be in accordance with Addendum attached to this Order. 3. NOTICE OF RIGHT TO APPEAL: You have the RIGHT TO APPEAL this Order within ten (10) business days from the service of the order to file an appeal of the disciplinary order in writing with the Civil Service Commission as is more fully set out in the Home Rule Charter of the City of Aurora. Order of: Actin hief of Police \h 9 PFO/djc APPROVED AS TO FORM: 12.0 8r @City Attorney Date Received by this Of?ce of the City Manager on 5 2019, at 5 o'clock {2 ORDER: Approved zg Disapproved Modified as follows: On 5 DECEMBER ,2019, at Lo. o?clock (BMW Jas?on Batchelor Deputy City Manager A KN WLED MENT VI I, Jaron Jgnes, hereby certify that 1 received a true and correct copy of the above Disciplinary Orderon the day of ,2019, at [?oam/pm. gnature) QERTIFICATE OF SERVICE The undersigned hereby certi?es that on the [0 day of $94:be 2019, I hand delivered a true and correct copy of the above Disciplinary Order to Jaron ture of Person ecting Service ADDENDUM It is agreed that Of?cer Jones will serve the 160-hour suspension as noted below: Of?cer Jones will serve 120 hours as outlined below and the remalning 40 hours will be held in abeyance for two (2) years from the date of this order and will be imposed for any sustained violation resulting in discipline greater than a Written Reprimand. December 14, 2019 2200-0800 10 Hours December 18, 2019 2200-0800 10 Hours December 28, 2019 2200-0800 10 Hours January 4, 2020 2200-0800 10 Hours January 11, 2020 2200-0800 10 Hours January 18, 2020 2200-0800 10 Hours January 24, 2020 2200-0800 10 Hours January 25, 2020 2200-0800 10 Hours February 1, 2020 2200-0800 10 Hours February 8, 2020 2200-0800 10 Hours February 12, 2020 2200-0800 10 Hours February 22, 2020 2200-0800 10 Hours W: 160 Hours SUSPENSION LEAVE WITHOUT PAY IAB #19-21 8. SUMMARY OF EVIDENCE IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Jaron Jones #314466 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT The evidence in support of the investigation is as follows: On May 5, 2019, you were off-duty and driving your personal vehicle when you were stopped by an Adams County Sheriff's Deputy for squealing your tires at an intersection after leaving the Grizzly Rose bar at 5450 Valley Highway in unincorporated Adams County. After noticing signs of intoxication, the Deputy subsequently arrested you for DUI. You did not submit to a breath or blood test as required by the Colorado Express Consent Law. You were charged with DUI and Speed Exhibition. Your DOR hearing was dismissed due to the deputy failing to appear for the hearing. You subsequently pled guilty to Driving While Ability Impaired on August 12, 2019. The charges of DUI and Speed Exhibition were dismissed by the court. You admitted during your Internal Affairs interview that you had consumed an unknown amount of alcohol prior to driving that night. The Chiefs Review Board has recommended to the Chief of Police a finding of SUSTAINED for violation of Aurora Police Department Directive: 14.1 .5 Conformance to Law. The Chief?s Review Board recommended a finding of NOT for the allegation that you violated Aurora Police Department Directive: 14.2.1 Conduct Unbecoming. You have three (3) days from the Pre-Disciplinag Hearing to reguest an IRB. CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONL IF DISCIPLINE EXCEEDS WRITTEN REPRIMAND) Officer Kyle Dittrich #314456 IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. To a pre-discipiinary hearing with the Chief of Police or designee. To make a statement in reSponse to the charges at the pre-disciplinary hearing. To have this statement transcribed and included in the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if it involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6. 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directive 10.11 Indegndent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. You have three (3) days from the Pre-Disciplinary Hearing to request an IRB. ?e Wm Date (0/39/20 Witn?7s?ea By CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONL IF DISCIPLINE EXCEEDS WRITTEN REPHIMAND) Officer Erica Marrero #315829 IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. To a pre-disciplinary hearing with the Chief of Police or designee. To make a statement in response to the charges at the pre-disciplinary hea?ng. To have this statement transcribed and included in the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if it involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6, 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directive 10.11 Independent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. Y)/ou have three (3) days fr the Pre-Disciplinary Hearing to request an IRB. Date .4 With?essed By CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONLY IF DISCIPLINE EXCEEDS WRITTEN REPRIMA ND) Officer Jason Rosenblatt #315112 IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. To a pre-disciplinary hearing with the Chief of Police or designee. To make a statement in response to the charges at the pre-disciplinary heanng. To have this statement transcribed and included in the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if It involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6, 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directive 10.11 Independent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. ave three (3) days from the Pre-Disciplinary Hearing to request an IRB. /Mbm?e{Sign?ture ??/Qa/aa WX Date/ Time With/essed By CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONL IF DISCIPLINE EXCEEDS WRITTEN REPRIMAND) Officer Jaron Jones #314466 IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. To a pre-disciplinary hearing with the Chief of Police or designee. To make a statement in response to the charges at the pre-disciplinary hearing. To have this statement transcribed and included In the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if it involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6, 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directlve 10.11 Independent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. You have three (3) days from the Pre-Disciplinary Hearing to request an IRB. Member Signature Date Time Witnessed By CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONLY IF DISCIPLINE EXCEEDS WRITTEN REPRIMA ND) Officer IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. Wgnature To a pre-disciplinary hearing with the Chief of Police or designee. To make a statement in response to the charges at the pre-disciplinary hearing. To have this statement transcribed and included in the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if it involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6, 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directive 10.11 IndeJendent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. You have three (3) days from the Pre-Disciplinary Hearing to request an IRB. Date Time Witnessed By CIVIL SERVICE ACKNOWLEDGMENT (APPLIES ONLY IF DISCIPLINE EXCEEDS WRITTEN REPRIMAND) Officer Nathan Woodyard #314452 IAB CASE #20-25 I acknowledge receipt of true and correct copies of: 1. 2. 3. The Specification of Charges against me. The Summary of Evidence supporting those charges. The summary of my disciplinary history. I further acknowledge that I have been given an opportunity to review those documents and am familiar with them. I realize I have the following rights: 1. 2. To a pre-disciplinary hearing with the Chief of Police or designee. To make a statement in response to the charges at the pre-disciplinary hea?ng. To have this statement transcribed and included in the file. To submit a written statement to the Chief of Police or designee within three (3) business days after the pre-disciplinary hearing. I may submit the written statement whether or not I made an oral statement. To an automatic review by the City Manager or designee who may approve, modify, or disapprove the terms of the Order if it involves a monetary impact greater than one-third of my salary. To appeal the Disciplinary Order to the Civil Service Commission within ten (10) business days from service of the Order on me, provided I follow the requirements set forth in Sec. of the City Charter, as amended November 6, 1987, for such appeal. To a review by an Independent Review Board, as defined in APD Directive 10.11 Independent Review Board. The IRB panel will provide a recommendation of disciplinary action to the Chief of Police, which will be used for consideration in determining final discipline. You have three (3) days from the Pre-Disciplinary Hearing to request an IRB. Member Signature Date Time Witnessed By IAB # 20-25 8. SUMMARY OF EVIDENCE IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Jason Rosenblatt #315112 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT The evidence in support of the investigation is as follows: On October 20, 2019, Officers Kyle Dittrich, Erica Marrero, and Jaron Jones were onduty and had just completed a call for service in the 1700 block of N. Billings St. These members were involved in the taking of a selfie photograph at the memorial for Elijah McClain. The photo was taken by Officer Dittrich. All three officers are in the picture and Officer Jones is putting his arm around the neck of Officer Dittrich. This photo was then shared by Officer Dittrich separately via text message to two officers. One officer received and had no response to the photo. Officer Jason Rosenblatt responded with “HaHa.” It was believed that a third officer may have IAB #19-38 received the photo, but the investigation revealed this officer had no involvement in the incident. SUMMARY OF EVIDENCE The Chief’s Review Board 8.has recommended to the Chief of Police a finding of Sustained for violation(s) of the following Aurora Police Department Directives: IN THEConduct MATTERUnbecoming OF DISCIPLINARY 14.2.1 PROCEEDING AGAINST Officer Javen Harper #256500 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT YOU HAVE THREE (3) DAYS FROM THE DATE OF THE PRE-DISCIPLINARY HEARING TO REQUEST AN IRB. 8-1 IAB # 20-25 8. SUMMARY OF EVIDENCE IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Jaron Jones #314466 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT The evidence in support of the investigation is as follows: On October 20, 2019, Officers Kyle Dittrich, Erica Marrero, and Jaron Jones were onduty and had just completed a call for service in the 1700 block of N. Billings St. These members were involved in the taking of a selfie photograph at the memorial for Elijah McClain. The photo was taken by Officer Dittrich. All three officers are in the picture and Officer Jones is putting his arm around the neck of Officer Dittrich. This photo was then shared by Officer Dittrich separately via text message to two officers. One officer received and had no response to the photo. Officer Jason Rosenblatt responded with “HaHa.” It was believed that a third officer may have received the photo, but the investigation revealed this officer had no involvement in the IAB #19-38 incident. SUMMARY OF EVIDENCE The Chief’s Review Board 8.has recommended to the Chief of Police a finding of Sustained for violation(s) of the following Aurora Police Department Directives: IN THEConduct MATTERUnbecoming OF DISCIPLINARY 14.2.1 PROCEEDING AGAINST Officer Javen Harper #256500 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT YOU HAVE THREE (3) DAYS FROM THE DATE OF THE PRE-DISCIPLINARY HEARING TO REQUEST AN IRB. 8-1 IAB # 20-25 8. SUMMARY OF EVIDENCE IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Erica Marrero #315829 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT The evidence in support of the investigation is as follows: On October 20, 2019, Officers Kyle Dittrich, Erica Marrero, and Jaron Jones were onduty and had just completed a call for service in the 1700 block of N. Billings St. These members were involved in the taking of a selfie photograph at the memorial for Elijah McClain. The photo was taken by Officer Dittrich. All three officers are in the picture and Officer Jones is putting his arm around the neck of Officer Dittrich. This photo was then shared by Officer Dittrich separately via text message to two officers. One officer received and had no response to the photo. Officer Jason Rosenblatt responded with “HaHa.” It was believed that a third officer may have received the photo, but the investigation revealed this officer had no involvement in the IAB #19-38 incident. The Chief’s Review Board has recommended to the Chief of Police a finding of OF EVIDENCE Sustained for violation(s) of 8. theSUMMARY following Aurora Police Department Directives: 14.2.1 Conduct Unbecoming IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Javen Harper #256500 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT YOU HAVE THREE (3) DAYS FROM THE DATE OF THE PRE-DISCIPLINARY HEARING TO REQUEST AN IRB. 8-1 IAB # 20-25 8. SUMMARY OF EVIDENCE IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST Officer Kyle Dittrich #314456 MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT The evidence in support of the investigation is as follows: On October 20, 2019, Officers Kyle Dittrich, Erica Marrero, and Jaron Jones were onduty and had just completed a call for service in the 1700 block of N. Billings St. These members were involved in the taking of a selfie photograph at the memorial for Elijah McClain. The photo was taken by Officer Dittrich. All three officers are in the picture and Officer Jones is putting his arm around the neck of Officer Dittrich. IAB #19-38 This photo was then shared by Officer Dittrich separately via text message to two officers. One officer received and had no response to the photo. Officer Jason SUMMARY OFbelieved EVIDENCE Rosenblatt responded with 8.“HaHa.” It was that a third officer may have received the photo, but the investigation revealed this officer had no involvement in the incident. IN THE MATTER OF DISCIPLINARY PROCEEDING AGAINST The Chief’s Review Board has recommended to the Chief of Police a finding of Sustained for violation(s) of the following Aurora Police Department Directives: Officer Javen Harper #256500 14.2.1 Conduct Unbecoming MEMBER OF THE AURORA CIVIL SERVICE, AURORA POLICE DEPARTMENT YOU HAVE THREE (3) DAYS FROM THE DATE OF THE PRE-DISCIPLINARY HEARING TO REQUEST AN IRB. 8-1 Aurora Police Department City of Aurora Aurora?mzorg Of?ce of the Chief of Police Memorandum CONFIDENTIAL Date: June 30, 2020 To: Of?cer Nathan Woodyard #314452 From: Deputy Chief Harry Glidden Re: IA Case #20-25 You are hereby noti?ed that the investigation and review of the IAB case is complete. The recommended disposition, as determined by the Chief?s Review Board is as follows: 14.2.1 Conduct Unbecoming Finding: Not Sustained Because you were not sustained on any alleged violation of directive, this investigation is concluded and is considered closed. Should you have any questions, please contact the Chief's Of?ce at 303-739-6016. City of Aurora of?ce of the chief of Police .?lm'nm?m mu Memorandum CONFIDENTIAL Date: June 30, 2020 To: Officer From: Deputy Chief Harry Glidden Re: IA Case #20-25 You are hereby notified that the investigation and review of the IAB case is complete. The recommended disposition, as determined by the Chief?s Review Board is as follows: 14.2.1 Conduct Unbecoming Finding: Unfounded Because you were not sustained on any alleged violation of directive, this investigation is concluded and is considered closed. Should you have any questions, please contact the Chief?s Of?ce at 303-739-6016. a? WW Aurora Police Department City of Aurora l? llM/li/?umcuiiq 0 Aunnm{?22qu Office of the Chief of Police Memorandum CONFIDENTIAL Date: June 30, 2020 To: Officer Kyle Dittrich #314456 From: Deputy Chief Harry Glidden Re: IA Case #20-25 The investigation and review of the case is complete. The recommended disposition, as determined by the Chief's Review Board, is as follows: 14.2.1 Conduct Unbecoming Finding: Sustained The Chief?s Review Board has recommended termination for the above sustained violation(s). Please note, the Chief can uphold or modify the recommendation as determined after the Pre- Disciplinary Meeting. A Pre-Disciplinary Hearing has been set for June 30, 2020. The Pre-Discipllnary Hearing will take place in the Chief?s Office. Miter); 0 An Independent Review Board (IRB) IS NOT required is this case. - If an IRB is n_ot required, the member may make a written request for an IRB at the Pre-Disciplinary Hearing or within three (3) business days after the Pre-Disciplinary Hea?ng. - The process for the IRB is governed by Directive 10.11. 0 Notwithstanding whether an IRB is convened or not, the member may submit a written statement to the Chief within three (3) business days after the Pre-Disciplinary Hearing. 0 At the expiration of the three (3) business day period, or after the conclusion of any IRB convened, the Chief may impose discipline pursuant to the City Charter. Depending on the level of discipline, the City Manager or his designee may be required to approve the Discipline Order. 0 The Chief (or designee) will conduct a Final Disciplinary Meeting with the member and any other person the Chief (or designee) requires to be at the Final Disciplinary Meeting. At that meeting, the member will be given a copy of the written Discipline Order or, if no discipline is to be imposed, will be informed of the Chief?s decision. 0 Fines, suspensions, reimbursements, demotions or dismissals arising from disciplinary action are subject to appeal as stated in Directive 10.5. Written Reprimands are not appealable. 0 You are encouraged to review Directives 10.02, 10.05, 10.11, and Charter **Please note, DM 10.2.16 prohibits the involved members from being armed during all disciplinary hearings with the Chief of Police or designee. Members should either come to the meeting unarmed or be prepared to turn over all weapons for safe- keeping during the meeting. Should you have any questions, please contact the Chief?s Office at 303-739-6016. Page 2 of 2 Aurora Police Department Office of the Chief of Police Memorandum CONFIDENTIAL Date: June 30, 2020 To: Officer Erica Marrero #315829 From: Deputy Chief Harry Glidden Re: IA Case #20-25 City of Aurora Hull/IHmuwrmu Aurmuiim'mu The investigation and review of the IAB case is complete. The recommended disposition, as determined by the Chief?s Review Board, is as follows: 14.2.1 Conduct Unbecoming Finding: Sustained The Chief's Review Board has recommended termination for the above sustained violation(s). Please note, the Chief can uphold or modify the recommendation as determined after the Pre- Disciplinary Meeting. A Pre-Disciplinary Hearing has been set for June 30, 2020. The Pre-Discipllnary Hearing will take place in the Chief's Office. 133m 0 An Independent Review Board (IRB) IS NOT required is this case. - If an IRB is no; required, the member may make a written request for an IRB at the Pre-Disciplinary Hearing or within three (3) business days after the Pre-Disciplinary Hea?ng. - The process for the IRB is governed by Directive 10.11. 0 Notwithstanding whether an IRB is convened or not, the member may submit a written statement to the Chief within three (3) business days after the Pre-Disciplinary Hearing. 0 At the expiration of the three (3) business day period, or after the conclusion of any IRB convened, the Chief may impose discipline pursuant to the City Charter. Depending on the level of discipline, the City Manager or his designee may be required to approve the Discipline Order. 0 The Chief (or designee) will conduct a Final Disciplinary Meeting with the member and any other person the Chief (or designee) requires to be at the Final Disciplinary Meeting. At that meeting, the member will be given a copy of the written Discipline Order or, if no discipline is to be imposed, will be informed of the Chief?s decision. 0 Fines, suspensions, reimbursements, demotions or dismissals arising from disciplinary action are subject to appeal as stated in Directive 10.5. Written Reprimands are not appealable. 0 You are encouraged to review Directives 10.02, 10.05, 10.11, and Charter **Please note, DM 10.2.16 prohibits the involved members from being armed during all disciplinary hearings with the Chief of Police or designee. Members should either come to the meeting unarmed or be prepared to turn over all weapons for safe- keeping during the meeting. Should you have any questions, please contact the Chief's Of?ce at 303-739-6016. Page 2 of 2 Office of the Chief of Police Aurora Police Department 1? I mm Memorandum CONFIDENTIAL Date: June 30, 2020 To: Of?cer Jason Rosenblatt #315112 From: Deputy Chief Harry Glidden Re: IA Case #20-25 The investigation and review of the IAB case is complete. The recommended disposition, as determined by the Chief's Review Board, is as follows: 14. 2.1 Conduct Unbecoming Finding: Sustained The Chief's Review Board has recommended termination for the above sustained violation(s). Please note, the Chief can uphold or modify the recommendation as determined after the Pre- Disciplinary Meeting. A Pre-Disciplinary Hearing has been set for June 30, 2020. The Pre-Disciplinary Hearing will take place in the Chief's Office. mm 0 An Independent Review Board (IRB) IS NOT required is this case. - If an IRB is required, the member may make a written request for an IRB at the Pre?Disciplinary Hearing or within three (3) business days after the Pre-Disciplinary Hea?ng. - The process for the IRB is governed by Directive 10.11. Notwithstanding whether an IRB is convened or not, the member may submit a written statement to the Chief within three (3) business days after the Pre-Disciplinary Hearing. At the expiration of the three (3) business day period, or after the conclusion of any IRB convened, the Chief may impose discipline pursuant to the City Charter. Depending on the level of discipline, the City Manager or his designee may be required to approve the Discipline Order. The Chief (or designee) will conduct a Final Disciplinary Meeting with the member and any other person the Chief (or designee) requires to be at the Final Disciplinary Meeting. At that meeting, the member will be given a copy of the written Discipline Order or, if no discipline is to be imposed, will be informed of the Chief?s decision. Fines, su5pensions, reimbursements, demotions or dismissals arising from disciplinary action are subject to appeal as stated in Directive 10.5. Written Reprimands are not appealable. You are encouraged to review Directives 10.02, 10.05, 10.11, and Charter City of Au l'Ol'd ll'm'I/z Um mm 0 Aurnm?mxurq **Please note, DM 10.2.16 prohibits the involved members from being armed during all disciplinary hearings with the Chief of Police or designee. Members should either come to the meeting unarmed or be prepared to turn over all weapons for safe- keeping during the meeting. Should you have any questions, please contact the Chief?s Office at 303-739-6016. Page 2 of 2 Marrero Letter of Defense IA 20-25 Chiefs Review Board, First, I want to state unequivocally that I accept full responsibility for my actions in this case. My action were unprofessional and have tarnished the profession I love, the department and the community in which I so proudly serve. This letter is not a defense of what I did, but rather an attempt for me to give you on the CRB some context as to why I made the poor decision I made. Having said that I would like to take a moment to explain what happened on the night in question. That night myself and other Officers responded to a call for service in the area which Elijah McClain's memorial and incident were at. Upon clearing the call and beginning to leave the area we notice the area we were in. Due to a dear friend and teammate being involved in the incident the area, the memorial made us think of him. Knowing the mental and physical toll the incident was taking on him we wanted to send him a picture telling him we were thinking of him. For me, being in this area Just made me miss him more, which is why i took part in the photo. The ?rst picture was taken in a grassy area which you could not tell where we at. We thought a picture sent without anything recognizable about the area would be pointless and It was decided to take another picture with an area which was more recognizable so he could understand what prompted us to send him the We were thinking of you'I picture. I know from an outside perspective the photo Is something which people may find as disrespectful, but I want you to know in no way, shape, or form was that the intention of it. I know the gesture in the picture appears to be in disrespect toward Elijah but, for myself, that was not the intent of the photo being taken and it was merely that "We were thinking of you.? Having said that, I realize in hindsight that the photographs that were sent are In poor taste and that they can Impact the public?s perception of law enforcement and the trust they have in us negatively. For that I cannot begin to apologize enough. As a police of?cer I take pride In serving my community. For me this is more than a Job. It?s a passion. Prior to this I worked in special education and while i enjoyed that work immensely, I truly feel that this is my calling. I feel like this passion has shown in my work ethic, in my reputation within the department and in how I go about interacting with the public. I'm ashamed of my part in this incident and I take full responsibility in my Involvement In it. I would ask that you consider the work i have done for the department and the community over the last two years when considering appropriate punishment. I've assisted in the Broken Heart Operation, and apprehended two violent suspects (one who had just committed a drive by shooting and one who felony menaced a citizen In Aurora) not to mention the daily calls for service during which i had countless contacts with the community where I have utilized my de-escalation abilities to great effect; to include a recent interaction with a subject who was in mental crisis after being involved in recent protests in Denver. I was able to talk to and de-escalate the situation to get him the help he needed. I would just ask that the board look at the hard work and effort I've put into my career with the Department when considering appropriate punishment. Respectfully, Officer Erica Marrero MEMORANDUM To: Chiefs Review Board, through Lt. Carlson From: Officer Kyle Dittrich Subject: IAB Case 20-25 Date: 06/29/2020 Dear Chief's Review Board, In September of last year, I saw my friend hurting and wanted to cheer him up for a brief moment. I regret my actions during this incident, but mostly I regret the hurt I broughtabout by doing whatl did. If I could change things, I neverwould have taken that photo. I realized only too late that what I was doing was wrong, and could not have imagined the impact that photo could have today. The world of law enforcementhas changed signi?cantly since the death of George Floyd in Minneapolis. I have been with the Aurora Police Departmentforju st over three and a half years. In that time, I have garnered positive performance evaluations and received a handful of commendations, all of which I am sure you have already reviewed in my file. The real barometer of my performance is that I have always done my very best to serve my community and make Aurora safer every day. I can assure you the incidentin question was the exception, not the norm. have been forthcoming and cooperated fully during this investigation because I believe part of the reform the world needs right now is officers who will admit to their wrongdoing and acknowledge the error of their ways when they are called out. I take full responsibility for this event, and I am falling on my metaphorical sword asking for the chance to be part of that reform. I promise that if given the opportunity, I will spend the rest of my career making up for this mistake. Respectfully, Kyle Dittn'ch if? 6% Aurora Police Department City of Aurora Ax .. 9. Office of the Chief of Police Memorandum A3335: Worl/z Discovering 0 AuroraGovnrg Date: July 3, 2020 To: File From: Vanessa Wilson, Interim Chief of Police Re: IAB Case #20-25 Discipline arising from IAB Case #20-25 was not imposed due to the resignation of Officer Jaron Jones, effective June 30, 2020. Had he not resigned, and based on the information in the file, I would have upheld the Chief?s Review Board recommendation of Sustained findings. 0'74 2?22 Vanessa Wilson Date Interim Chief of Police 20.01.100M/djc MEMORANDUM TO: Interim Chief Vanessa Wilson FROM: Officer Jaron Jones SUBIECT: Letter of Resignation Dear Interim Chief Wilson, have made the dif?cult decision to resign my position as an Of?cer with the Aurora Police Department, for personal reasons, effective June 30'? 2020. It has been an honor and privilege to work alongside the men and women of the Aurora Police Department. I am proud of the work we have done and value and appreciate the opportunity to serve this community. Respectfully, Jaron Jones 06/3 5/20? 6 0%00 Signatures only, no recommendations IAB #20?25 Officer Kyle Dittrich #314456 Officer Jaron Jones #314466 Officer Erica Marrero #315829 Officer Officer Jason Rosenblatt #315112 Officer Nathan Woodyard #314452 6/30/20 Date v?/y?/ja IAB INVESTIGATOR IAB DEPUTY COMMANDER ld'eutenarif?Cassidee Carlson Date IAB COMMANDER . ?94 gnaw/j Con?wander Marcus Dudley Date LEGAL ADVISOR Nancy Rodgers Date DISTRICT 2 COMMANDER . Commander Jim Puscian Date OPERATIONS DIVISION CHIEF Division Chief Darin Parker Date DEPUTY CHIEF OF POLICE Deputy Chief Harry Glidden Date CHIEF OF POLICE Interim Chief Vanessa Wilson ?Date