!aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222222666 Executive Summary IAU 27-2011 Prepared by Det . Sgt. Jo-Ann Distler allegation: Unlawful Conduct /Violation of Department Rules - A complaint received from the Office of Commissioner of Police the Police Officer Edward Bienz and Police Officer Anthony DiLeonardo were involved in a road rage incident in Suffolk County which led to shots being fired by PO DiLeonardo striking Mr. Thomas Moroughan who was driving a taxi cab. Date and Location: February 27, 2011 1:15 AM. In front of 422 Oakwood Road Huntington, NY Accused Members /Prior Complaints: > Police Officer Edward Bienz, Serial Number 8943, Shield Number 3466, Third Precinct. 2 Complaints: 1 for Improper Tactics = 1 Unfounded, 1 for Violation of Department Rules = 1 Founded. Five years of service. Police Officer Anthony DiLeonardo, Serial Number 9103, Shield Number 3632, Third Precinct 1 Complaint: 1 for Racial/Ethnic Bias = 1 Exonerated. Synopsis: ? On February 27, 2011 PO Bienz and PO DiLeonardo were involved in a road rage incident with Mr. Thomas Moroughan, who was driving a taxi cab and had his girlfriend with him in the Huntington area. The incident escalated from a verbal dispute when PO DiLeonardo exited his vehicle and shot at Mr. Moroughan as he was attempting to leave the area. PO DiLeonardo fired five rounds from his off-duty S & W 38 caliber revolver, striking Mr. Moroughan twice, once in the chest and once in the left arm. One gullet fragmented and lodged in the rear of the taxi cab and two bullets were not recovered. PO ,iLeonardo then ran at the taxi cab, with an empty weapon and shattered the driver's side window with the butt of his weapon, striking Mr. Moroughan in the nose and facial area causing Mr. Moroughan's nose to break and causing contusions to his face. PO DiLeonardo then dropped his weapon into the rear of Mr. Moroughan's vehicle as Mr. Moroughan was able to leave the area drive himself to Huntington Hospital. PO Bienz exited his vehicle when he heard the verbal dispute and approached the taxi cab with PO DiLeonardo after PO DiLeonardo had fired his weapon. PO Bienz and PO DiLeonardo were knocked down by Mr. Moroughan's taxi and he was leaving the area. Findings: Founded : That PO DiLeonardo committed Unlawful Conduct and violated Department Rules when he engaged in a road rage incident with Mr. Moroughan which escalated when PO DiLeonardo shot Mr. Moroughan and assaulted him. PO DiLeonardo committed 11 counts of Unlawful Conduct and violated 8 Department Rules. > Founded : That PO Bienz committed Unlawful Conduct and violated Department Rules when he engaged in a road rage incident with Mr. Moroughan which escalated when PO DiLeonardo shot Mr. Moroughan and assaulted him. PO Bienz committed 2 counts of Unlawful Conduct and violated 3 Department Rules. Recommendations: That PO DiLeonardo is charged departmentally with: Eleven (11) counts of Unlawful Conduct: Attempted Assault First Degree (C Felony) Criminal Use of a firearm Second Degree (C Felony) Assault Second Degree (D Felony) Assault Second Degree (D Felony) !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 222 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222222777 Assault Third Degree (A Misdemeanor) Reckless Endangerment First Degree ( D Felony) Reckless Endangerment First Degree (D Felony) Reckless Endangerment First Degree (D Felony) Criminal Mischief Second Degree (A Misdemeanor) Reckless Driving ( Misdemeanor) Driving While Ability Impaired (Violation) Eight (8) counts of violating Department Rules Three counts of conduct unbecoming an officer Unfit for duty Firing a shot at a moving vehicle Using deadly physical force in circumstances that present a grave risk of death or serious injury Recklessly using deadly physical force Failing to secure his weapon That PO Bienz is charged departmentally with: Two (2 ) counts of Unlawful Conduct: Reckless Driving ( Misdemeanor) Driving While Ability Impaired (Violation) Three (3) counts of violating Department Rules Conduct unbecoming an officer Unfit for duty Failing to carry his department issued shield !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111333 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222333888 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 1 SUMMARY: On June 6 , 2011 Deputy Inspector Edward Dordon , Serial Number 6387, Deputy Commanding Officer of Internal Affairs Unit, was directed by Acting Commissioner of Police Thomas Krumpter to commence an Internal Affairs investigation into an incident which occurred on February 27, 2011 in Huntington, New York, involving two off-duty Nassau County Police Officers . On February 27, 2011 Police Officer Anthony DiLeonardo , Serial Number 9013, Shield Number 3632, Third Precinct , and Police Officer Edward Bienz , Serial Number 8943 , Shield Number 3466 , Third Precinct, were involved in an alleged road rage incident which led to shots being fired by PO DiLeonardo in front of 422 Oakwood Road, Huntington , NY. Thomas Moroughan was struck by two bullets during this incident. Mr. Moroughan was charged criminally by the Suffolk County Police Department with violating New York State Penal Law Section 120.05 ( 03) Assault Second Degree and 120.20 Reckless Endangerment Second Degree. (INVESTIGATOR'S NOTE: This investigation is an unusual Internal Affairs Unit case. Important points need to be clarified from the start. The case was assigned to the Internal Affairs Unit 99 days after it occurred. Most of the reports and materials were produced by the Suffolk County Police Department. The Suffolk County District Attorney's Office shared information that they gathered during their investigation. The Suffolk County Police Department's Internal Affairs Bureau conducted interviews of their involved members at our request. Many of this report's findings and conclusions are based upon the investigations conducted by these other agencies . On March 4, 2011 the Suffolk County District Attorney's Office informed the Suffolk County Police Department that they were taking over the investigation and Suffolk County Homicide Bureau was directed to stop investigating the incident.) On June 6, 2011 the Suffolk County District Attorney's Office dismissed all charges against Mr. Moroughan pursuant to Section 170.30 Subdivision F of the !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111444 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222333999 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE New York State Criminal Procedure Law which states: 2 Motion to dismiss, information, simplified information, prosecutor 's information or misdemeanor complaint (fl there exists some other jurisdictional or legal impediment to conviction of the defendant for the offenses charged. Suffolk County Assistant District Attorney Raphael Pearl, Esq. stated at the hearing for the motion to dismiss all charges that; a review of the evidence discloses a significant deficiency in the proof which would impact our ability to prove beyond a reasonable doubt the elements of the charges currently pending against the defendant. There is conflicting evidence surrounding the facts and circumstances which led to the discharge of a firearm by off-duty Police Officer A nthony DiLeonardo from Nassau County, as well as the actions of both parties thereafter. There is an allegation that the Nassau County police officers may have been intoxicated at the time of this incident. A copy of the motion to dismiss is attached to the case. Deputy Inspector Dordon generated a Blue Team and Complaint Tracking Number 185-2011 was assigned. On June 7, 2011 Inspector Neil Delargy, Serial Number 6828, Commanding Officer Internal Affairs Unit, assigned Detective Lieutenant Ralph Hoffman, Serial Number 6869, Shield Number 66, Internal Affairs Unit, and Detective Sergeant Jo-Ann Distler, Serial Number 6384, Shield Number 164, Internal Affairs Unit, to investigate. On June 14, 2011 D/Lt. Hoffman and D/Sgt. Distler responded to 422 Oakwood Road, Huntington and canvassed the location of the shooting. They then responded to the Suffolk County District Attorney's Office located at building 77 North County Complex, Hauppauge, NY and met with Special Investigator (SI) Anthony Palumbo and Detective Investigator Paul Vitucci. SI Palumbo reported that he interviewed PO Anthony DiLeonardo, PO Edward Bienz, Jillian Bienz, the wife of PO Bienz, and Sophia Comia, the girlfriend of PO DiLeonardo on April 29, 2011 at the office of Police Benevolent Association attorney Willard Miller Esq., 350 Old Country Road, Suite 106, Garden City, New York. SI Palumbo reported that all !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222555111 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 14 for the Suffolk County Police Department. A copy of the Notice of Claim is attached and made a part of the case. On June 15, 2011 D/Lt. Hoffman and D/Sgt. Distler obtained an authorization for release of medical records from PO DiLeonardo. A copy of the authorization and a copy of the medical records of PO DiLeonardo are attached and made a part of the case. A review of the medical records of PO DiLeonardo revealed that a Commack Volunteer Ambulance arrived at 422 Oakwood Road Huntington at 1:37 am and transported PO DiLeonardo to Huntington Hospital for a contusion on his left forearm and a small laceration to one finger on his right hand. Medical reports from Huntington Hospital state PO DiLeonardo refused blood work at 2:10 am. Attending physician Beverly Kraszewski noted PO DiLeonardo was "slurring words at times with smell of alcohol on breath, perseverating." Dr. Kraszewski also noted PO DiLeonardo's psychiatric insight and judgment to be impaired and his affect to be hostile. Dr. Kraszewski noted PO DiLeonardo refused to have any blood or urine tested after being informed it was for trauma purposes. On March 20, 2012 PO Bienz signed an authorization for release of medical records. A copy of the authorization and a copy of the medical records of PO Bienz are attached and made a part of the case. The Patient Care Report (PCR) completed by Commack Volunteer Ambulance Corp. reports PO Bienz had a minor abrasion on his right hand, swelling to his left hand, and a complaint of extreme pain on the left side of his body. The PCR indicated PO Bienz had a smell of alcohol present on his breath. Medical reports completed by attending physician Dr. Kraszewski from Huntington Hospital stated PO Bienz 'admits to drinking etoh tonight.' (INVESTIGATOR'S NOTE: etoh is the medical term for alcohol.) Dr. Kraszewski reported PO Bienz was cooperative in his treatment. ------ THIS PAGE IS EMPTY ------ !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 999 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222555999 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 22 pulled over to the side of the road with his hazard lights on and allowed the Infiniti to pass him . Mr. Moroughan stated he estimated the speed of the Infiniti to be 50-60 mph. (INVESTIGATOR'S NOTE: The speed limit on West Hills Road is 30 mph.) Mr. Moroughan stated the fare he was picking up cancelled, so he decided to drive to Huntington Village, so when he made a right turn on Oakwood Road he saw the Acura and Infiniti stopped. Mr. Moroughan stated he stopped next to the Infiniti, rolled down his front passenger window and asked the driver "what the hell are you guys doing? You are driving like complete morons. Where did you get your license from? You can kill somebody, learn how to drive." Mr. Moroughan stated the driver of the Infiniti, later identified as PO DiLeonardo, said, "learn how to drive a taxi, faggot, and get your fat ass girlfriend on a diet ." Mr. Moroughan stated he opened his car door and put his left leg and his head out of his cab and asked PO DiLeonardo over the hood of the car "what the hell is your problem?" Mr. Moroughan stated PO DiLeonardo and PO Bienz got out of their vehicles. Mr. Moroughan stated PO DiLeonardo said, "I'll show you my fucking problem." Mr. Moroughan stated he realized he was facing two men so he got back into his car and drove in reverse to get away . Mr. Moroughan stated the men were charging at his car from the front off to the right and he reversed approximately three to four car lengths. Mr. Moroughan stated the driver of the Acura, identified as PO Bienz, was over by his vehicle. Mr. Moroughan stated he put his car into drive and turned his wheel to the left to make a u-turn and he drove forward a foot or two when he saw PO DiLeonardo put his hand up and he heard gunshots and his windshield shattered. Mr. Moroughan stated PO DiLeonardo was about 50 to 60 feet in front and to the right of him when the first shot was fired. Mr. Moroughan stated the shots were in rapid succession . Mr. Moroughan stated he felt one shot hit his chest and one shot hit his arm. He stated that he stopped his car and slouched down to take cover underneath the dashboard . Mr. Moroughan stated when he looked up, he saw PO DiLeonardo at his driver' s window swing his right hand and break the glass with the butt of his gun . Mr. Moroughan stated PO DiLeonardo took another swing and hit him directly in the nose with the butt of his gun breaking his nose. Mr. !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111000 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222666000 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 23 Moroughan stated PO DiLeonardo opened his driver's door and punched him on the side of his face and head approximately ten times and tried to pull him out of the car. Mr. Moroughan stated PO DiLeonardo was telling him to get out of the car. Mr. Moroughan stated his girlfriend was screaming at PO DiLeonardo to leave them the fuck alone . Mr. Moroughan stated he was able to get the car into reverse and PO DiLeonardo was knocked to the ground by the open car door. Mr. Moroughan stated he reversed about 60 to 70 feet , swung around and made a u-tum. Mr . Moroughan stated he heard PO DiLeonardo yell, "stop , stop, I'm a cop, stop." Mr. Moroughan stated he did not believe PO DiLeonardo was a cop because he shot him and beat him. Mr. Moroughan stated he did not see PO Bienz any time after he heard the first gun shots. Mr. Moroughan stated he told his girlfriend to call 911 and drove himself to Huntington Hospital. Mr. Moroughan stated while he was in the hospital there were both Nassau County and Suffolk County police present . Mr. Moroughan stated that two detectives came into his room to speak with him and he believed they were from Nassau County. Mr. Moroughan stated he told the detectives that he wanted his lawyer and he stated the detectives told him that lawyers only slow things down and they just need to hear from him what happened . Mr. Moroughan stated Ms. Lewis was present and he told the detectives that she was his lawyer, but they would not allow her to talk to him . Mr. Moroughan stated the detectives told him that if he gave them a statement he would be able to rest . Mr. Moroughan stated he was tired and he was finally calming down from the shock and he was on medication. Mr. Moroughan stated he eventually gave the detectives a verbal statement. Mr. Moroughan stated approximately two or three hours later two Suffolk County Homicide detectives came into his room and told him that if he wanted to see the guy that shot him locked up he would need to give them a written statement. Mr. Moroughan stated he asked for a lawyer at least twenty times and they kept telling him he did not need one . Mr. Moroughan stated that the Suffolk County Homicide detectives told him that if he didn't give them a statement they were going to let the !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111111 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222666111 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 24 guy who shot him go free, so he agreed to give them a written statement. Mr. Moroughan stated one detective sat on the side of the room and wrote the statement and told him to sign. Mr. Moroughan stated he initialed the statements where the detective directed him to and signed the statement. Mr. Moroughan stated he did not read the statement before he signed it because the detective told him to hurry so they could let him rest. Mr. Moroughan stated he has since read the statement and the majority of it is not true. Mr. Moroughan stated about a half an hour later two uniformed cops came in and told him they were taking him to the Second Precinct for further questioning and when he arrived he was handcuffed to the wall and told he was under arrest. On September 23, 2011 Sgt. Lynch was contacted by D/Sgt. Distler to schedule interviews of the Suffolk County Police Department members who were involved in the shooting incident on February 27, 2011. As per department procedure, Sgt. Lynch was to conduct the interviews of Suffolk County Police Department members and provide the results to D/Sgt. Distler. Sgt. Lynch reported that on January 19, 2012 she interviewed the following members at the Suffolk County Internal Affairs Bureau: PO Channon Rocchio , Shield Number 5167: PO Rocchio reported she was doubled with PO Nieves and they were the first officers to arrive at 422 Oakwood Dr. on the February 27, 2011. PO Rocchio reported that she did a cursory interview of PO DiLeonardo and PO Bienz at the scene and both officers were extremely nervous and upset. PO Rocchio reported PO DiLeonardo was injured on his forearm and he reported his weapon was missing. PO Rocchio reported that PO DiLeonardo stated he was involved in a road rage incident which began on West Hills Road and New York Avenue and ended on Oakwood Drive when PO DiLeonardo and PO Bienz had pulled over. PO Rocchio !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111555 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222666555 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 28 police officers appeared to be in shock. Det. Favatta reported PO DiLeonardo stated he thought he was shot. Det. Favatta reported he asked PO DiLeonardo where he was coming from and he responded "we are going to Friday's." Det. Favatta reported he asked PO DiLeonardo a second time where he was coming from and he said "we are coming from Kings Park." Det. Favatta reported PO DiLeonardo stated PO Bienz was hit by a taxi but there was no mention of a road rage incident. Det. Favatta reported both police officers were steady on their feet and he did not hear any slurring of words. Det. Favatta reported PO DiLeonardo stated that he thought he dropped his gun in the taxi and he never stated that the taxi driver stole his gun. Det. Favatta reported he remained at Oakwood Road and conducted a canvass. Det. Favatta reported no one answered the door or came outside. Det. Favatta reported he remained at the scene for 1-2 hours before he responded to Huntington Hospital. Det. Favatta reported that when he arrived at Huntington Hospital he stayed outside of PO DiLeonardo's treatment cubicle and advised PO DiLeonardo not to make any statements to him because homicide would be handling the investigation. Det. Favatta reported that he did not speak to any Nassau County personnel or PO Bienz at Huntington Hospital. Det. Favatta reported he did not smell any alcohol on PO DiLeonardo at the hospital. Det. Favatta reported he remained at Huntington Hospital until about 5:00 am when Homicide arrived. Sgt. Lynch reported on April 20, 2012 she interviewed the following members at the Suffolk County Internal Affairs Bureau: Detective Alfred Ciccotto, Shield Number 1077, Homicide Squad: Det. Ciccotto reported that on February 27, 2011 at 3:10 am he was notified by Detective Tavares that there was an off-duty police officer shooting involving Nassau County Police Department police officers. Det. Ciccotto stated he responded to Huntington Hospital and was briefed by Detective Sergeant Lamb and Det. Geissenger as to the events surrounding the shooting incident. Det. Ciccotto !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111777 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222666777 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 30 Detective Ronald Tavares , Shield Number 1157, Homicide Squad: Det. Tavares reported that on February 27, 2011 at 3:06 am he was notified by Detective Sergeant Lamb that there was an off-duty police officer shooting involving Nassau County Police Department police officers. Det. Tavares reported he responded to Huntington Hospital and arrived at 3:57 am. Det. Tavares reported he was the first member from Homicide to arrive at Huntington Hospital and was told by Det. Geissinger where all the involved parties were located. Det. Tavares reported Det. Geissinger told him that the officers fired at the taxi driver after he drove at the officers. Det. Tavares reported that he was directed by D/Sgt. Lamb to interview Mr. Moroughan at 5:50 am. Det. Tavares reported he informed Mr. Moroughan he was under arrest by the Nassau County police officers, he read Mr. Moroughan his rights and asked him if wanted to speak with them. Det. Tavares reported at 7:00 am he wrote out Mr. Moroughan's statement which he signed and is attached to the case. Det. Tavares reported that Mr. Moroughan had one hand cuffed to the hospital bed. Det. Tavares reported he met Chief John Hunter and Inspector Edmund Horace at Huntington Hospital and informed them that he would be handling the investigation. Det. Tavares reported he did not see any Nassau County Police Department detectives at Huntington Hospital. Det. Tavares reported he did not speak with PO DiLeonardo or PO Bienz at Huntington Hospital. Det. Tavares reported he responded to the Suffolk County Police Department Second Precinct where he and Det. Leser interviewed PO DiLeonardo at 10:00 am. Det. Tavares reported PO DiLeonardo did not report being involved in any road rage incident and the first time he saw Mr. Moroughan was when he pulled next to him in the taxi on Oakwood Road and told him he was driving like an asshole. Det. Tavares reported PO DiLeonardo reported Mr. Moroughan revved his engine, backed up, revved his engine again and drove forward. Det. Tavares reported PO DiLeonardo stated that he thought Mr. Moroughan was going to run him over so he drew his weapon and fired. He believed he emptied all 5 rounds in his weapon, went to the driver's door to arrest him, told him he was a police officer and he was under arrest. Det. Tavares reported PO DiLeonardo stated Mr. Moroughan resisted, there was a struggle and !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 222333 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222777333 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 36 On February 28, 2012 Detective Lieutenant Gerard Pelkofsky, commanding officer of Suffolk County Police Department Homicide Squad retired. No interview was conducted of D/Lt. Pelkofsky prior to his retirement. On September 26, 2011 D/Sgt. Distler and D/Sgt. Darienzo responded to Dobro Taxi Stand, 674 Jericho Turnpike Huntington and interviewed Boris Goldstein the owner. D/Sgt. Distler and D/Sgt. Darienzo examined the 2010 Toyota Prius Hybrid which was involved in the shooting incident. Mr. Goldstein demonstrated the vehicles operation. On October 11, 2011 D/ Lt. Hoffman and D/Sgt. Distler responded to Hempstead Toyota and interviewed technician Andre Vegas in reference to the operation of 2010 Toyota Prius Hybrid. Shooting Incident Reconstruction Report completed by FS Krivosta , states "Special consideration must be given to the "Dobro Express Taxi" as it is not your typical car. This vehicle is a 2010 Toyota Prius Hybrid and operates in a manner totally different from your normal passenger car as it operates under both electric and gasoline motors. Having a key fob that contains an electronic chip in proximity of the vehicle, stepping on the brake pedal, and pushing a button on the dashboard starts the car. A series of lights on the dashboard indicated that the car is started and now ready to drive. W hen the car is stopped it is totally quiet. As the car moves forward the electric motor is responsible for the initial acceleration. Even when the car is pushed to full acceleration, there is a very significant delay before the gasoline engine starts which slightly increases the noise level. By the time the gasoline engine starts the vehicle has already accelerated and covered significant distance. The vehicle very easily shifts between forward, neutral, and reverse. (INVESTIGATOR 'S NOTE: This investigation has determined the operation of the 2010 Toyota Prius to be consistent with the finding listed in the Shooting Incident Reconstruction Report completed FS Krivosta. The unusual operation of the car also cast doubt on any witness who reported that "the taxi revved its engine.") !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----222 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 666 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222888111 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 44 2012 the Police Officer Indemnification Board found in the Indemnification of PO Edward Bienz that the acts alleged were committed while in the proper discharge of said officer(s)' duties and within the scope of his/her employment. On March 6, 2012 Police Officer Indemnification Board found in the Indemnification of PO Anthony DiLeonardo that the acts alleged were not committed while in the proper discharge of said officer(s)' duties and within the scope of his/her employment. A copy of the reports are attached and made a part of the case. On March 7, 2012 and March 9, 2012 D/Sgt. Distler attempted to contact Sophia Comia for an interview. Ms. Cornia did not respond to the messages left for her. On March 12, 2012 PO Bienz was interviewed by D/Sgt. Distler and Detective Sergeant Frank DeCicco, Serial Number 8248, Shield Number 127, Internal Affairs Unit, at the Internal Affairs Unit office. Also present for the interview were PBA Representative PO William Purcell, and PBA attorney Willard Miller. A written statement was prepared and is attached to the case. PO Bienz reported that on February 26, 2011 he went out to dinner with his wife, Jillian, PO DiLeonardo and his date Sophia Comia. PO Bienz reported that they met at the Black Forest Brew Haus in Farmingdale at about 8:00 pm where they had appetizers and dinner. PO Bienz reported that he drank three beers and PO DiLeonardo had at least two Vodka mixed drinks. PO Bienz reported they left the Black Forest Brew Haus between 9:30-10:00 pm and drove to Huntington. PO Bienz reported that he was driving his Blue Acura the whole evening and PO DiLeonardo was driving Sophia Cornia's white Infiniti the whole evening. PO Bienz reported when they arrived in Huntington they went to the Blue Honu and he had a beer and PO DiLeonardo had a Vodka drink. PO Bienz reported they left the Blue Honu and walked across the street to the Huntington Village Tavern where they stayed for about one hour. PO Bienz reported he had two beers and PO !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----222 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 888 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222888333 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 46 Bienz reported he asked his wife what happened and she said, "I don't know. They were yelling." PO Bienz reported PO DiLeonardo was still standing by his door and he began walking toward the rear of his vehicle. PO Bienz reported he could not see PO DiLeonardo's hands and he did not recall hearing PO DiLeonardo saying anything. PO Bienz reported the cab backed up 3 to 4 car lengths behind PO DiLeonardo's car and stopped. PO Bienz reported he did not hear the retying of an engine. PO Bienz reported he was standing behind his car and in front of PO DiLeonardo's car when he heard three gun shots. PO Bienz reported he immediately ducked and covered his head when he heard the cab's brakes lock up. PO Bienz reported he was unaware PO DiLeonardo was carrying a weapon. PO Bienz reported that when he looked up after the shots had stopped, he heard the cab brakes locking up and he observed that the cab had advanced about two car lengths in the travel lane before it came to a stop approximately 15 to 20 feet from PO DiLeonardo. PO Bienz reported he saw PO DiLeonardo run up to the driver's side of the cab and begin smashing the driver's window with his weapon in his right hand causing it to shatter. PO DiLeonardo was yelling "you're under arrest." PO Bienz reported that was the first time he saw PO DiLeonardo's gun in his hand and PO DiLeonardo managed to open the driver's door and he was trying to pull the driver out of the vehicle with his right hand by grabbing the driver's upper torso and simultaneously reaching inside the vehicle with his left hand. PO Bienz reported he believed the gun to still be loaded and it appeared that the driver was trying to push PO DiLeonardo out of the car. PO Bienz reported he ran towards the cab with the intention of helping PO DiLeonardo secure his weapon. PO Bienz reported that as he got to the driver's side front quarter panel the cab turned his wheel to the right and backed up clipping him and causing him to hit and roll on the pavement. PO Case 35-2 Filed lfll22ll2 Page 'Si of 25 Pagellii 284 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAIJ NUMBER 2011 PAGE 4? Bienz reported he never had any physical oontact with the oab driyer and was not aware of any other persons in the oab until he heard a female screaming. PD Bienz reported he did net see DiLeonardo with hie shield out at any time during the whole evening. FD Eiienz reported that he got up and went over to the sidewalk where his wife wee. PD Bienz reported his wife was upset and he does not reoall seeing any other people or yehioular traffio in the area. PO Bienz reported that he believes Ms. Com ia stayed in her yehiole until the inoident was over. F0 Elena reported PO DiLeonardo was standing in the street talking on the phone with 911 and stayed on the phone until Suffolk County Police arrived. PO Bien:-: reported he said to DiLeonardo "Dude. what the- did you just do?" Bienz reported PO EiiLeonardo did not respond to him. PO Bienz reported at some point P0 DiLeonardo told him he dropped his gun in the oab. PD Eienz reported that Suffolk County Police arritred and he was put in a nest: braoe and plaoed in an ambulanoe and brought to Huntington Hospital. PD Bienz reported when he arrived at the hospital he was placed in a oubiole by himself and he received medioal treatment. PD Bienz reported that P0 EiiLeonardo oame to his oubioie. spoke to him briefly and told him that the oab driver tried to run him oyer. P0 Biere-_ reported P0 DiLeonardo told him he dropped his gun in the oab. PD Bienz reported that the following members came to visit him in the hospital: Sgt. Timothy ltilarinaoe, Shield Number ease, Shield Number ass, Pet. PD James Carver, Serial Number 6551. Shield Number 1891, NCPD PEA President PO Michael Coyais, Serial Number 6489, Shield Number 2009, Pet. PD Alexander Philippas. Serial Number T961. Shield Number 2244, Pet. F0 William Puroell, Serial Number 7430. Shield Number 951 Pet. PD Brian ltllofluade. Serial Number aaoo, Shield Number aooa. Pet. !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----222 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111000 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222888555 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 48 PO Bienz reported the above members , along with two higher ranking officers came into his cubicle and asked him how he was doing and if he needed anything. PO Bienz reported he did not discuss the incident with any members of Nassau County Police Department nor did anyone ask him if he had been drinking. PO Bienz reported he spoke with at least one Suffolk County Police Department detective in the hospital who asked him what had happened. PO Bienz reported he did not know the identity of the detective. PO Bienz reported that he was released from the hospital and driven to the Suffolk County Police Department Second Precinct by PO McQuade and that PO DiLeonardo was driven in another vehicle. PO Bienz reported he was interviewed by the Suffolk County Homicide Squad at the Second Precinct and he gave a verbal account of all the facts and circumstances of the incident. PO Bienz reported after the interview he was driven home by PO McQuade. On March 16, 2012 PO DiLeonardo was interviewed by D/Lt. Hoffman and D/Sgt. Distler at the Internal Affairs Unit office. Also present for the interview were PBA representative PO William Purcell and private attorney Amy Marion, Barket Marion Epstein & Kearon. PO DiLeonardo reported that on February 26, 2011 at around 8:00 pm, he and his girlfriend, Sophia Cornia, met PO Bienz and his wife at the Black Forest Brew Haus for dinner. PO DiLeonardo reported they ate dinner and he had two drinks of Jameson Irish Whiskey and pineapple juice and PO Bienz had two alcohol drinks. (INVESTIGATOR'S NOTE: PO DiLeonardo stated he did not know what PO Bienz was drinking, but stated it was an alcohol drink.) PO DiLeonardo reported they left the Black Forest Brew Haus around 9:30 pm and drove to Huntington to have some drinks. PO DiLeonardo reported he drove Ms. Cornia's white Infiniti and PO Bienz drove a blue Acura. !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----222 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111111 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222888666 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 49 PO DiLeonardo reported when they arrived in Huntington they parked in a municipal lot and went to several different bars . PO DiLeonardo reported they went to Blue Honu , the Artful Dodger and one other bar which he could not recall the name of. PO DiLeonardo reported he had two drinks at the Artful Dodger and he does not recall if he finished the last drink. PO DiLeonardo reported he had one drink in the Blue Honu and one drink in the other bar. PO DiLeonardo reported he consumed water as well . PO DiLeonardo reported the PO Bienz , his wife and Ms. Cornia all consumed the same amount of alcohol beverages as he did. PO DiLeonardo reported that they were at Blue Honu for 30-40 minutes, and the Artful Dodger for 1 Y2 hours to 2 hours . PO DiLeonardo reported they walked from bar to bar, leaving their vehicles parked in the parking lot. PO DiLeonardo reported they left the last bar and returned to their vehicles and since he was unfamiliar with the area he followed PO Bienz who was going to lead him to Jericho Turnpike . PO DiLeonardo reported he followed PO Bienz down a main road and PO Bienz turned off onto a side street . PO DiLeonardo reported that he believes they were lost. PO DiLeonardo reported PO Bienz pulled off to the side of the road and parked his vehicle adjacent to the curb and he pulled behind him on Oakwood Road . PO DiLeonardo reported he thought PO Bienz was trying to figure out where they were . PO DiLeonardo reported at no time did he notice anyone flashing high beams at him and he did not flash his high beams at any vehicle. PO DiLeonardo reported he did not believe he cut anyone off nor did he notice anyone cutting off him or PO Bienz . PO DiLeonardo reported there was no type of road rage incident between himself and any other vehicle . PO DiLeonardo reported he sat in the car with Ms . Cornia and he was waiting for PO Bienz to continue driving. PO DiLeonardo reported within a minute a white Prius pulled up next to his car blocking one travel lane of traffic . PO DiLeonardo reported the passenger window of the Prius was directly adjacent to his driver ' s side window. PO 1q_- Cese Dooument 35-2 Filed Page 12 of 25 Pegellilr st: 28?' INTERNAL AFFAIRS UNIT NASSAU COUNTY PDLICE IAU NUMBER 2911 PAGE 50 DiLeonardo reported he rolled down his window because he thought the driver was going to ask him for directions. PU lJiLeonardo reported there was a female passenger in the Prius and he never spoke to her and she did not pose a threat to him. PO DiLeonardo reported the driver yelled out of the open passenger window, "you need to team how to' drive, I'm gonna teach you how to 'drive right now." P0 DiLeonardo reported he did not say anything to escalate the oorrfrontation. and he said something to the effect like "why are you doing this?" P0 DiLeonardo reported he could not reoail the exact words he used. PD DiLeonardo reported that the driver eontinued to yell at him and he began to olose his window and ignore him. PD DiLeonardo reported the driver er-tited his vehiole, walked to the front of his ear and oontinued towards his window while ye!-ling at him and pointing at him with his right hand. PD DiLeonardo reported the driver stopped at the midline of his vehiole and he could not see his left hand and he believed that he may have had a weapon in that hand since he was keeping it down and out of sight. PO I:riLeonardo reported the driver continued to yell. "I'm going to kill you. I don't oare about this] oar. I'm going to smash your ear and I'm going to kill you." MUTE: in his written statement given on February 2011. to Det. Tavares from Suffolk County Police Department, DiLeonar-do did not state that Mr. fvloroughan told him he was going to kill him or smash his bar. In addition. none of the witnesses interviewed on February 2011 or thereafter overheard lv1r. tvloroughan make those statements} PD DILeorrardo reported he er-tited his vehiole as the driver was approaohing because he did not think that he could defend himself or his girlfriend from a seated position in the vehiole. PO DiLeonardo reported he kept his door between hirnsetf and the driver. PO DiLeonardo reported the driver got back into his ear stating that he was going to kill him. EIiLeonardo reported the driver immediately floored his vehicle into reverse. backing up apprortimately four or five oar PO Case Decument 35-2 Filed 1Eii22i12 Page 14 cf 25 Pagellii it: 289 INTERNAL AFFAIRS UNIT NASSRU COUNTY POLICE IAU NUMBER 2011 PAGE 52 ter trving te kill him and Ms. Cemia. PD DiLeenarde reperted he did net netice any injuries en the driver. PU EiiLeenarde reperted he was standing at the driver's deer and he erdered him te unleck the deer but he ignered his eemmands. P0 DiLeenarde reperted he smashed the driver's side windew with the butt ef his weapen, unlecked the car deer with his left hand and pulled the deer epen. PD EiiLeenarde reperted he attempted te rsmeve the driver frem the vehicle but the driver resisted and weuld net exit his vehicle saving '-veu. l'm geing te kill veu-" PC.) EiiLeenarde reperted the driver was helding his gun with ene hand and punching him in the head with his ether hand. PD DiLeenarde reperted the deer was epen and he was leaning inte the vehicle attempting te pull the driver cut when the driver ripped the gun frem his hand. PG DiLeenarde reperted the driver was able te shift the ear inte reverse and sped eackwards. dragging him aleng side ef the vehicle. PD E'.IiLeenarde reperted he was able te get his feet underneath himsetf and twist awav frem the car as he was struck by the car's deer which was still epen. PO DiLeenarde reperted he was threwn te the greund, get up and started te run away frem his vehicle. PD DiLeenarde reperted PD Eiienz was in frent ef him and he was running tewards him when the ear hit heth ef them threwing them te the greuhd. PD DiLeenarde reperted when he get up he ran tewards the car in an attempt te read his license plate. PO DiLeenarde reperted he called 911. identified himself as a pelice efficer and told 911 that semeene stele his gun and that semeene tried te run him ever and that he shet at that persen. PO DiLeenarde reperted he gave the eperater a description ef the car and his Iecatien. PD DiLeenarde reperted he did net hear PD Bienz say anything te him. PD DiLeenarde reperted the peiice arrived and asked him abeut his gun and what happened. PD EiiLeenarde reported he teld the peliee effieer that a man tried te run him ever. he shet at him and this man teek his gun. PD EiiLeenarde reperted ------ THIS PAGE IS EMPTY ------ !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----222 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111888 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 222999333 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 56 Moroughan stated that in attempting to make a U-turn he probably "moved forward about a foot or two at the most" when the shooting started. It is likely that Mr . Moroughan , who was only driving this vehicle for a week and had never operated a hybrid vehicle before, in a moment of panic was having difficulty with shifting gears after he went in reverse ( this may explain Ms. Cornia's statement that the engine was retying). Ms. Mondo stated , "My boyfriend was trying to do something with the gear shift." When Mr. Moroughan got the cab into drive he could have lurched forward more that a foot or two, but the evidence (and logic) shows he was trying to get away not closer . There is no evidence that Mr. Moroughan was attempting to accelerate towards PO DiLeonardo, who was standing to the front of the cab. But even if the cab moved forward a short distance, given the distance from the cab when he fired the shots ( 13 to 30 feet), and the fact that the cab would have been starting forward from a standing position after being in reverse , it appears that PO DiLeonardo could have moved to his left out of harm ' s way without firing any shots. Apart form the question of his admitted consumption of alcohol and his intoxication, he was in at least three bars just prior to the incident, and at the hospital he refused a blood and urine test and the doctor ' s notes show that he appeared intoxicated . Most troubling is the fact that PO DiLeonardo appeared to have unholstered his gun before he started to approach the cab , and possibly when he was in his own car. There is nothing to suggest that Mr. Moroughan or Ms. Mondo might have been armed or that they posed any risk beyond the use of foul language. Thus , there appears to be no reason for PO DiLeonardo, who unquestionably was consuming alcohol that evening , to have unholstered his weapon before he started to approach the cab. !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333555-----333 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 777 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 333000777 INTERNAL AFFAIRS UNIT NASSAU COUNTY POLICE IAU NUMBER 27- 2011 PAGE 70 FOUNDED that Police Officer Anthony DiLeonardo violated Department Rules when he engaged in unlawful conduct (Driving while ability impaired, a violation of the New York State Vehicle and Traffic Law) based upon the following: 1) PO DiLeonardo, while off duty, in the County of Suffolk, did operate a motor vehicle while his ability to operate was impaired by the consumption of alcohol. 2) In his statement to the Commanding Officer of the Internal Affairs Unit, PO DiLeonardo reported that he consumed six (6) alcoholic drinks in a 4.5 hour time period and was driving a 2011 Infiniti when he stopped his vehicle on Oakwood Road in Huntington. 3) In his statement to the Commanding Officer of the Internal Affairs Unit, PO Bienz reported that PO DiLeonardo had seven (7) mixed vodka drinks in a 4.5 hour time period and was driving a 2011 Infiniti when they stopped their vehicles on Oakwood Road in Huntington. 4) Huntington Hospital medical reports state that PO DiLeonardo refused blood work. Attending physician Beverly Kraszewski noted PO DiLeonardo was slurring words at times with a smell of alcohol on his breath, perseverating. Dr. Kraszewski noted PO DiLeonardo's psychiatric insight and judgment to be impaired. 5) Suffolk County District Attorney Special Investigator Anthony Palumbo reported that PO DiLeonardo told him he had consumed between 8-10 drinks. !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333666-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 111 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 333777666 13 9 04/27/ 2011 15:49 6318535739 COUNTY OF SUFFOLK Sheet Number PAGE 02/09 1 of6 Laboratory Number 11-00642 C.C. Number 11-95045 Command Suffolk Co. District Attorney Office DIVISION OF MEDICAL -LEGAL INVESTIGATIONS & FORENSIC SCIENCES CRIME LABORATORY People vs. Date Submitted 2/28/2011 Submitted for ADA Albertson SHOOTING INCIDENT RECONSTRUCTION REPORT MATERIALS SUBMITTED On February 28, 2011, the laboratory began to receive physical evidence , documents , photos, and official records, relative to a shooting incident that occurred on February 27, 2011 on the roadway in front of 422 Oakwood Road, Huntington Station, New York. Members of the Suffolk County Police Department Crime Scene Unit processed the original scene. 3m #01 Item #02 Item #03 - Item #04 - Six (6) questioned stains . Four (4) collected from the "Dobro Express Taxi" and two from the roadway. (Awaiting Serology and DNA reports). A revolver with five (5) expended casings ( prior report Issued on 3/9/11 details examinations performed). On March 1, 2011 , Forensic Scientists George G. Krivosta , Charles S. Hopkins , and Jennifer J. Zaveski performed a bullet path/trajectory examination on a "Dobro Express Taxi ", 2010 Toyota Prius Hybrid, N.Y. Reg. #13100 TY, VIN #JTDKN3DU2AO197988. Sixty-three ( 63) photographs documenting this examination were received at the laboratory. On April 4, 2011, on the grounds of North County Complex , Hauppauge , N.Y., Forensic Scientists George G. Krivosta , Charles S. Hopkins, Wesley Krupp, and Crime Laboratory Chief Robert Genna performed a shooting incident reconstruction utilizing laboratory-supplied vehicles. Eleven ( 11) photographs document this examination. Item #05 - On April 22 , 2011, Forensic Scientists George G. Krivosta and Wesley Krupp responded to Oakwood Road in Huntington Station , the scene of the shooting incident. The examiners oriented /reviewed the actual scene using the various notes, reports , and photos that were taken as part of the original crime scene examinations. No additional items were recovered. The following items of documentary evidence were from the Suffolk County District Attorney's Office: o Ninety (90) Crime Scene photographs o Crime Scene Diagram with Total Station download o Witness Statement of Thomas Moroughan ,o dated 2/27/11 o Witness Statement of Kristie M . Mondo, dated 2/27/11 o Witness Statement of Sophia Comia , dated 2/27/11 o Witness Statement of Jillian Bienz , dated 2/27/11 o Witness Statement of PO Anthony DiLeonardo , dated 2127/11 o Twenty-two (22) photographs of Thomas Moroughan , NCPD P . O. Anthony DiLeonardo , and NCPD P . O. Edward date 1 2!27/11 !aaassseee 222:::111222-----cccvvv-----000000555111222-----JJJFFFBBB-----AAAKKKTTT DDDooocccuuummmeeennnttt 333666-----111 FFFiiillleeeddd 111000///222222///111222 PPPaaagggeee 555 ooofff 222555 PPPaaagggeeeIIIDDD ###::: 333888000 PAGE 06/09 04/27/ 2011 15:49 6318535739 COUNTY OF SUFFOLK Sheet Number 5 of 6 143 Laboratory Number 11-00642 C.C. Number 11-95045 Command Suffolk Co. District Attorney Office DIVISION OF MEDICAL -LEGAL INVESTIGATIONS & FORENSIC SCIENCES CRIME LABORATORY People vs. Date Submitted 2/28/2011 Submitted for ADA Albertson RESULTS AND CONCLUSIONS ( continued) At this point , Moroughan re-enters his taxi and backs up the vehicle a minimum distance of thirty to forty-five feet. DiLeonardo then chooses to follow on foot positioning himself somewhere between the two vehicles . It has been verbally reported to this analyst that DiLeonardo was previously carrying a Smith & Wesson revolver in an ankle holster on the inside of his left leg . The difficulty of drawing a weapon from an ankle holster would have required him to have drawn the weapon prior to the following events ; he may have been concealing the weapon from view by holding it at his side. Special consideration must be given to the "Dobro Express Taxi" as it is not your typical car. This vehicle is a 2010 Toyota Prius Hybrid and operates in a manner totally different from your normal passenger car as it operates under both electric and gasoline motors. Having a key fob that contains an electronic chip in proximity of the vehicle, stepping on the brake pedal, and pushing a button on the dashboard starts the car. A series of lights on the dashboard indicate that the car is started and now ready to drive. W hen the car is stopped it is totally quiet. As the car moves forward the electric motor is responsible for the initial acceleration . Even when the car is pushed to full acceleration, there is a very significant delay before the gasoline engine starts which slightly increases the noise level. By the time the gasoline engine starts the vehicle has already accelerated and covered significant distance. The vehicle very easily shifts between forward, neutral, and reverse. By Moroughan ' s own statement he puts the car in drive to move forward, possibly initially with an alignment that would have taken him too close to DiLeonardo , who initiates firing his weapon at this point. The exact position of DiLeonardo and the initial position and direction of travel of the taxi cannot be absolutely determined. Reconstruction analysis showed the taxi could have moved forward as little as half a car length . With either the car In a turn to the left or the shooter shifting his position to the right ( his left) all three of the determined bullet paths/trajectories can be achieved . The reconstruction analysis revealed the chronological order of shots to be "BHE-1" was the first to strike the vehicle , " BHE-3" was the second to strike the vehicle , and "BHE-2" was the last to strike the vehicle. No opinion can be given relative the other two shots fired . The taxi is believed to stop its' forward motion at a point where the driver' s window Is in proximity to the first area of broken glass on the road. The movement of the participants after the moment that the shooting concludes is also important in understanding how the events unfolded . DiLeonardo approaches the driver 's door then shatters the driver 's window with the revolver. The taxi, now in reverse begins to back up as a struggle ensues to extract Moroughan from his vehicle . By the second area of glass , which has probable bloodstains present, the driver ' s door is open and Moroughan is bleeding appreciably. (The confirmed source of the bloodstains on the vehicle and roadway await confirmation by Serological and DNA analysis. Utilizing the concept of a "Limited Universe " this analyst will treat this blood as originating from Moroughan . Should DNA ilysis prove otherwise this analyst reserves the right to amend this report.)