I \ '-.., I .' 1 ~ ' • ' I ', I I~ 1I I J I ) l l I,· " I ' I I ' I ~ I ... I I~ ) . Dept. Coatrol Number I \. I I ) \..., ' I Il I I I ' I ' U11 0517 I Date/Time of Incident: 11/04/2017 2017-0972802 1550 Subject Name: Last: Crowell DOB: 11/14/1985 Complaint Number 1 First: Terry Sex: Male Ml: D Race: Black Address of Incident: 18th Avenue North/Clarksville Pike Location of Incident: D Inside ll]outside [l]open Area Call Type: 10-54P Enclosed Area []vehicle Photographs Taken: DYes [i]No Report Completed By: Sergeant Matthew Boguskie Taser® Mode1: 0M26 IZIX26 ENO: 550403 Serial Number of Device: X12004XCR Serial Number of Cartridge (/fExpended):N/A Officers Involved: (Additional Officers Involved Must Be Included in Narrative) Prinay (Nne): Andrew Deike ENO 256425 Support (Name)_:- - - - - - - - - - - ENO _ _ __ \I' I' I I< \ i I< 1 '-. I'" I Taser® Probe Contact: DYes IZI No Number ofTimes Taser® Displayed Only Number ofTouch Stun Applications Number of Probe Contact Applications• Deployment of Probes Without Contact < Assignment: CSB/Patroi/North Shift Assignment: ------- Shift l I~\ B 1 \ I I< l ". Touch Stun Contact: DYes ll]No I u Did Taser® Display Alone Result in Compliance? u 0 D D IZ)Yes •This should include the initial application. (If No Explain Breaks Between Multiple Applications Yes 1'0 in ' · Force Used Before Taser®: DYes: Describe In MPD Form /08 ~None DYes: Describe/nMPDForm 108 IZJNone Force Used After Taser®: 0No Approximate Target Distance at Time of Probe Launch: \\ils the T~ Effective in OHning ~Control: B~: (If yes, was there:) D Full EMD 0Partial EMD D Drugs 0Aicohol ll)unknown Was the Subject Under the Influence of: Subject's Demeanor After Taser® was Used or Displayed: [Z]Cooperative Ocomplaining 0Belligerent Dcombative 0Abusive 0Aggressive 00ther: \ i I I) I\. \I I"- I < >I~\ 1 \ I I< > "- Did the Probe Contacts Penetrate the Subjects Skin: DYes 0No ll)Not Applicable Probe Removal: D (liNot Applicable By Officer 00ther: Taser® Aftercare Notice Issued: DYes llJ No If No or Issued lo Third Party, describe below. Nature of Any Injury and Medical Treatment Required: None APPLICATION AREAS-POINTS OF CONTACT Place an "X" for each Probe Contact & "0" for each Touch Stun Contact For Probe misses, mark or describe in narrative. What Happened-Describe Tase~ Deployment, Other Restraint/Compliance Methods, etc. If suspect clothing was a factor, describe clothing. lftemin or environment was a factor, please describe. Officer Oelke responded to a call of a subject armed with a gun. Upon arriving, he observed Mr. Crowell who matched the description of the armed person. Officer Oelke noticed Mr. Crowell had his hands concealed in his pockets and was beginning to blade his body away from Officer Oelke. Officer Oelke gave Mr. Crowell verbal commands to show his hands. Mr. Crowell refused to do so and attempted to run. Officer Oelke gave chase and during this time displayed his Taser. Mr. Crowell then complied with Officer Oelke's commands and laid down. He was taken into custody without further incident. He was armed with a revolver. Video and Data Port Downloaded & Reviewed by:_M_a_tt_he_w_o_.B_o...;;;g;...u_sk_ie_s_s_04_03_ _ _ _ _1_11_04_1_2_0_17_2_1_4_3_h_rs_ Nome& ENO Dote& Time Data Port Information: Battery Status: 68 Time: 1551 Duration:3 /Sec. Temperature: 27 Dateffime • If the Precinct/Division Commander DOES NOT approve the officer to continue to use a TASER®, a detailed narrative supporting this decision shall be attached to this report. Su Control # U 110517 Officer Andrew Deike's Statement On 11/04/2017, I responded to a call of a person with a gun at 2022 Clarksville Pike. The caller provided a good description of the individual as a heavy-set male black with a black beard wearing a black hooded sweatshirt and black pants. The only update before I arrived on the scene was that the suspect was still present and was standing by a vehicle. The caller also stated that this was a former employee who they believed attempted to burn down his carwash building. No information was provided at that point whether the suspect had brandished his weapon, threatened anyone with it, etc. I was the first to arrive on the scene and immediately noticed Mr. Crowell standing by a vehicle with a group of people; he matched the description of the suspect precisely. I began to slowly approach him and asked the group what was going on. Everyone looked at one another and did not answer. I noticed Mr. Crowell had both of his hands in the large pocket on the front of his sweatshirt. I asked him to take his hands out of his pocket; he did not comply. I told him again more assertively and he still refused to take his hands out of his pocket and began to blade his body away from me. This body language and non-compliance, along with the information given by the complainant, led me to believe Mr. Crowell was armed. At this point, as I continued to approach, Mr. Crowell turned around and took off running. I put out the description of Mr. Crowell on the radio and began to chase him yelling commands to him to stop running. Mr. Crowell did not comply and continued to run. It appeared he had at least one hand still in his front pocket while he was running. As I closed distance on Mr. Crowell, I pulled out my Taser and shouted, "Stop, or I will tase you." At that point I had my Taser on and pointed at Mr. Crowell's back. He then laid on the ground and put his hands up. Ire-holstered my Taser and took a controlling position on top of Mr. Crowell's back. At that time, Officer lewis was with me and assisted me in handcuffing Mr. Crowell. While being handcuffed, Mr. Crowell stated, "My gun is up under me." When we picked Mr. Crowell up, we found a silver Ruger revolver. Another officer on the scene then pointed out to me that there was a second gun near the front left tire under a truck that was parked next to where Mr. Crowell was taken into custody. This gun, a black Hi-Point 9mm, was within arm's reach of Mr. Crowell at the time he was taken into custody. After being taken into custody, Mr. Crowell was read his Miranda rights before any questioning took place. Mr. Crowell was read his rights at 1604 hours, within minutes of being taken into custody. Under Miranda, Mr. Crowell stated, "I ain't gonna lie man, that one gun is mine." When I asked if he was talking about the revolver, he stated, .. Yes ... When asked about the other pistol he stated, 11 1 don't know nothing about that. It's not mine. You know how it is around here, you can find guns all over ... Within minutes of being taken into custody, I also ran his information to check his criminal history for felony convictions. A check with MNPD ARMs confirmed that Mr. Crowell was a convicted felon and was in violation of the law to possess a handgun. It was also discovered Mr. Crowell had three outstanding warrants for probation violation. Mr. Crowell stated that he knew he was not permitted to possess handguns but stated that he felt he had to for protection. I conducted the gun questionnaire and Mr. Crowell was cooperative in answering all of the questions about each firearm he was in possession of. He continued to deny any knowledge about the Hi-Point 9mm, but he admitted that the Ruger revolver was his and that he, .. Bought it on the streets, Page 1 of2 Control# U110517 brand new~ with cash for $250." Under Miranda} I asked Mr. Crowell where he had the Ruger revolver on him when I was first approaching him. He stated that it was in his front sweatshirt pocket where he had his hands when I was approaching. He also told me that the revolver had two bullets in it. This was confirmed when the revolver was broken down and made safe. There was one bullet in position to be fired immediately with a pull of the trigger and the second bullet was loaded directly behind to be fired next. The Hi-Point 9mm had a full magazine of 7 rounds} but there was not a round chambered. Under Miranda} Mr. Crowell also told me that about ten minutes before I approached him 1 he had taken some cocaine and smoked marijuana. No drugs or any other weapons were found on Mr. Crowell when he was searched after his arrest. Mr. Crowell did complain of any injuries. Respectfully Submitted by: Officer Andrew Deike Metropolitan Nashville Police Department North Precinct Patrol Unit Page 2 of2 MNPD lOST Supplement Control# U110517 Metropolitan Nashville Police Department North B•Shift Patrol Investigative Summary Taser Display Case#: 2017-0972802 Control#: U110517 Related Control #'s: N/A Employee: POll Andrew Deike I ENO: 256385 CSB, Patrol NorthB Date: 11/04/2017 1551 hours Location: 18th A venue N at Clarksville Pike Nashville, TN 37208 Reporting Supervisor: Sergeant Matthew D. Boguskie I ENO: 550403 Introduction: On November 4, 2017, Officer Andrew Deike was dispatched on a call of a subject armed with gun near the intersection of 18th A venue N and Clarksville Pike. Officer Deike quickly responded to the area and located a subject, later identified as Terry Dewayne Crowell, who matched the description of the allegedly armed person. Officer Deike noticed that Mr. Crowell had his hands in the pockets of the jacket he was wearing. Officer Deike gave Mr. Crowell several verbal commands to show his hands due to the nature of the call. Mr. Crowell refused to show his hands and began to blade his body away from Officer Deike. Officer Deike continued to command Mr. Crowell to show his hands at which point Mr. Crowell began to run. Based on Officer Deike's observations of Mr. Crowell, he believed him to be armed at that point and gave chase. During the brief chase, Officer Deike un-holstered his Taser, turned it on and told Mr. Crowell if he did not stop he would be tased. At that point, Mr. Crowell laid on the ground and Page 1 of3 MNPD lOST Supplement Control# U110517 began to comply. Officer Deike then re-holstered his Taser and began to place Mr. Crowell in custody. While Officer Deike was placing Mr. Crowell in handcuffs on the ground, Mr. Crowell exclaimed, "My gun is underneath me." Located beneath Mr. Crowell was a Ruger .45 caliber revolver that was found to be loaded with two rounds in the cylinder. There was also a 9mm HiPoint semi-automatic handgun located beneath a vehicle next to where Mr. Crowell was apprehended and within arm's reach of him. After running Mr. Crowell in the ARMS system, it was discovered he had three outstanding warrants, was not a handgun carry permit holder, and was also a convicted felon. Mr. Crowell was charged with his outstanding warrants, two counts of being a felon in possession of a handgun and misdemeanor evading arrest. Mr. Crowell was not injured during the incident. There were no witnesses to Officer Deike's Taser display. Involved Officer Andrew Deike's interview (2231 26th Avenue N /11/04/2017) I interviewed Officer Andrew Deike at North Precinct. His statement was consistent with his written statement. Suspect Terry Dewayne Crowell's Interview (512 1st Ave N (Booking)/11/04/2017): I interviewed Mr. Crowell inside of the sally port at DCSO booking. I asked Mr. Crowell if he saw Officer Deike display his raser. Mr. Crowell stated he never actually saw the Taser while he was running. I asked Mr. Crowell if he heard Officer Deike give him any verbal commands. Mr. Crowell stated he heard Officer Deike tell him to stop running or he would tase him. I asked Mr. Crowell if this is what caused him to stop running and comply with commands. Mr. Crowell stated he gave up because he did not want to be tased. I asked Mr. Crowell if he suffered any injuries from the incident and if he had any pre-existing injuries. He stated no to both questions. This concluded my interview of Mr. Crowell. Conclusion: Officer Andrew Deike had reasonable suspicion to conduct a Terry Stop on Mr. Crowell based on the nature of the dispatched call and the fact Mr. Crowell matched the suspect description given to Officer Deike. Mr. Crowell's refusal to obey verbal commands to remove his hands from his pockets and the way in which Mr. Crowell bladed his body away from Officer Deike also furthered Officer Deike's reasonable suspicion that Mr. Crowell was armed. Officer Deike at that point had sufficient cause to give chase to Mr. Crowell when he ran based on his belief that he was armed. By running from Officer Oelke, Mr. Crowell displayed active resistance. MNPD Manual Title 11 defines active resistance as "a subject whose non-compliance includes resistive movements or physical defiance." MNPD Manual Title 11 states "All other provisions of this order notwithstanding, there must be probable cause to justify the arrest of a fleeing suspect for a criminal offense prior to utilizing the Taser® to effect the arrest." Officer Deike had enough reasonable suspicion that Mr. Crowell was armed to stop him and conduct a pat down for weapons. At this point, Mr. Crowell knew he would be arrested due to being armed, not possessing a handgun carry permit and his status as a convicted felon possessing a firearm. TCA 39-16-603 states it us unlawful for any person to flee or conceal themselves by means of locomotion from anyone the person knows to be a law enforcement officer if the person knows Page 2 of3 MNPD lOST Supplement Control# U110517 the officer is attempting to arrest them. By running, Mr. Crowell committed the offense of evading arrest. Officer Deike's use of force is found to be justified and in compliance with MNPD Manual Title 11. As a result of this incident, Mr. Crowell was served with three outstanding warrants and also charged with two counts of being a felon in possession of a handgun and evading arrest. Approving Supervisor: J!if lj/!tij Employee Number: J ~27f/' Date: I )-17--/1 Page 3 of3 Informal Counseling Supplement On 11/09/2017 at approximately 2030 hours, I held an informal counseling session with Officer Andrew Deike concerning an incident in which he dealt with an armed subject and chose to draw his Taser and never drew his service firearm. The incident involved a subject who gave multiple indicators of being armed, in addition to perfectly matching the description given by dispatch concerning this armed person who fled on foot from Officer Deike. I asked Officer Deike what his thought process was throughout the incident. Officer Deike explained several factors including the fact he never saw a gun until it was retrieved after the subject was in custody and the training he received to never run with his firearm in his hand. Officer Deike also admitted thoughts of the Officer Josh Lippert incident were going through his head and the hostile climate towards police use of force throughout the country. Officer Oelke stated he had been running through the scenario in his head since the incident and he knew he would have been justified in drawing down on the individual given the circumstances. I discussed with Officer Deike that we cannot allow outside factors to detract us from our training and what we know we should do in dangerous situations, particularly situations that could quickly rise to a deadly force situation. I also discussed with Officer Deike that based on the situation, drawing his gun when he immediately saw indicators of the subject being armed and commanding him to the ground would have been justified and possibly prevented the ensuing foot chase. I also discussed in a situation such as this that for officer safety, it would be better to transition from a firearm to a Taser if the situation deescalated as opposed to transitioning from a Taser to a firearm should it escalate. Officer Oelke agreed and was receptive to the discussion. Respectfully Submitted by: Sergeant Math Boguskie Metropolitan Nashville Police Department North Precinct B-Detail Page 1oft EVIDENCE(l)SVNC" TASER Information Serial Model Firmware Version Application Version Health Offline Report Local Timezone Generated On X12004XCR TASERX26P Rev. 04.032 3.15.57 Central Daylight Time (UTC -05:00) 04 Nov 2017 21:43:11 Good Dates from : Fri ,.,v 3 14:00:00 2017 to : Sat tGv 4 22:00:00 2017 Device (X26P) Local Time Event Duration Temp Batt Remaining [DD:MM:YYYY hh:mm:ss] [Event Type] [Semnds] [Degrees Celsius] [OJo] 644 04 Nov 2017 14:27:56 Armed 28 68 645 04 Nov 2017 14:27:57 Trigger 5 646 04 Nov 2017 14:28:02 Safe 6 647 04 Nov 2017 15:51:53 Armed 648 04 Nov 2017 15:51:56 Safe 649 04 Nov 2017 21:42:20 USB Connected 650 04 Nov 2017 21:41:54 Time Sync Seq# 3 68 28 68 27 68 27 68 04 Nov 2017 21:42:23 to 04 Nov 2017 21:41:54 Page 1 of 1 Community Services Bureau Packet Review Timeline Control or Complaint number: U110517 Officer Involved: POll Andrew Deike Supervisor Investigating: Sgt. Matthew Boguskie Date 11/04/2017 11/04/2017 11/05/2017 11/06/2017 11/05/201711/06/2017 11/06/201711/08/2017 11/09/2017 11/09/2017 11/09/2017 (f-1 D-·l7 ll-1,-r, 11-17-17 /(-ll.,/7 (/-JA../7 l/'~{7 l/-~1-t1 1\d. \- \\ ll,l~ 1'1 Comments Officer Deike involved in Taser display Sgt. Boguskie requested control number Officer Deike submits initial supplement Received Control Number Sgt. Boguskie RDO Officer Deike RDO/TPSPA Officer Deike submitted written statement Supervisor review completed Packet submitted to Lt. Morris fo !Jo