TAB 1 DCheck if Taser was deployed SUBJECT Page 1 of 3 1. LAST MME FIRST NAME M.I. 2. DATE 3. TIME 4. CR a Prude Daniel 3/ 23/20 0320 I 20-RACE 8. HEIGHT 9. WEIGHT 10. INCIDENT LOCATION - Male Black - I 435 Jefferson Ave 133 . 1 11. Release approved by: 8] Charges 941 . 12. SUBJECTS ACTIONS l3. TACTIC EFFECTIVENESS Subject resisted by (check all 9 Check the appropriate box indicating whether the tactic was used. If the tactic was used. write the number - that apply and explain in [he i (l 2 3.. indicating what order the tactics were used in column one. In column we. write for narrative) Effective. ME for Moderately Effective and NE for Not E?'ective 1 . . . Order Effectiveness Order Effectiveness A ?di . . . gay Verbal 1 NF. 1 Bi-Iateral Compressron . verbal refusal, using body as Mandibular Angle i Arm Lock w/Baton "dead weight," running'walking Hypoglossal Nerve 3 I l] Front Jab w/Baton 5 I awlally. body. 9 ugular Notch 1 Rear Jab w/ Baton I . pu mg away, tngarmsun er - . body, holding omen ?xed object) Clayical Notch I:l Forward Strike 3 Brachtal Stun i Middle Strike 5 Assaultiye Suprascapular Stun i 1 [3 Reverse Strike 1 (Maglpdudei ?Skiing Stag-Ge. lab Strong Side Horizontal Strike com a we approac . puntkicking, biting, tackling) 13:33; 11:1? Ch I Support Side Honzontal Stnke 1 un i Imminent Threat of Angle Kick Deadly Physical ForcefSerious Forearm Strike -.- - - -- - - Physical Injury (SPI) - (May include: Using or Knee su'ke 0C threatening to use a ?rearm/edged Spw_ . Taser weapom?contact weapon in close El Hooking Technique Bean Bag $041?:sz While Closing the Ground Stabilization 2 Hand Gun istanc angerous Instrument - - - . under circumstances in which it is 918' 3 Point Landing, Long _Gun Ml), capable or death. 101m manipulation) Other. Air/blood choke which creates an El Other: . imminent risk of SP1 or death. i Impacts w/o weapon which creates an imminent risk of death or other SPI) 1 l4. Narrative (If cer is in plainclothes, describe own clothing lftacrids) used on subject were ine?ective, explain reaso_n(s) why On 3/23/20 at approximately 0300 hours I responded to the area 50 Child St. for the report of a male wearing a white tank top and long johns that had run from the location. The male (Prude) was previously suicidal in the night and had been previously at Strong Hospital and of?cers were informed that Prude had used PCP. I then relocated to 767 W. Main St. for a burglary alarm and a broken storefront window when of?cers received another call for a male at Jefferson Ave and Main St. that was covered in blood and wearing blue pants. I spoke with a tow truck driver who stated that the male was running in front of cars and was stating . he had the corona virus. I located the male in the area of 435 Jefferson Ave running in front of vehicles and throwing objects into the road. I ordered the male to the ground and handcuffed him as trained. I noted that he appeared to be under the in?uence of an unknown drug. The male asked of?cers for their guns several times. The male continuously spit in the direction of of?cers and due to the potential for contracting a virus to include the Corona Virus I placed a Spit sock on him Prude continued to spit through the Spit sock 1n the direction of Officer aladay The male then said that he was going to kill everyone The male once again began spitting at of?cers and said "give me that gun' 'several times while attempting to get up in the direction ot Officer Taladay. I moved towards the male and segmented his head while he was on his stomach. #1 Officer: Primary Officer Assisting Officer Name: Officer Mark Vaughn 2333 A Rochester Police Department GO. 335 Subject Resistance Report RPD 1377 Rev. 10/2019 ADDENDUM REPORT ROCHESTER POLICE DEPARTMENT SRR - CONIINUATION or 20 061280 3 NAME OR NAME IF BUSINESS 4 ADDRESS 5 SECT DOW DATE OF INCIDENT Prude. Daniel 435 Jefferson Ave 3 Mon 03 23 20 NO Hospital. Bl OCK I BLOCK I'Il-l? OR NUMBER IN LEFT MARGIN The male began spitting again and I performed a hypoglossal nerve technique left Side of his jaw in order to prevent him from spitting on of?cers based on the fact that he had already previously spit through the spit sock. Once Prude became calm relieved downward pressure. I then noticed a clear liquid coming from Prude's mouth area and began observmg his back in order to see his respirations It appeared that Prude was not breathing properly and I had of?cers roll him to a recovery position on his left Slde I then felt for his pulse. which I did not feel AMR. who was already on scene immediately began life saving measures and transported Prude to Strong 10 XC TU 8 RE PORTING OFFICER Mark Vaughn ID 2333 3 ID if 567%n% IS. .\an_Ic . Hung) ()ItIger Mark -4 ()1qu .r I 0y . 2794 ()f'flcer Ilium Sanimgu ?Wt BVVC 1 anurt'dJ Axsignod . Video . "ti Ihl Section l?ltn__ _l.rniforr_n_? heat?! ?13 Yes (tent-MI} Isl ch ch (jgnusecf You You SUI) Isl 1 i: A Page 2 Conduct a neighborhood check and illdit??lt' with code: - Witness/Deposcd: .VI - Not Intcniewcd: NU Interviewed/No lnfommtion: WR - Deposition. lo. \nnc Sm-I't 1 4?30 lg-t?I?cIsQI: ?5 Tc: .?Irson \?s'vm [a 1? Yes, Yes. :nnm-d prior to In: Idunt: dutinf - mutt-II un?t! 4.15 part1 I I v. N: Iln: pIml: Strong, 4-. \?uolcct. If? Admitted Cl and Rah-axed ?7 in YUIJDJE. I: Iain: 4n Imrk [Tartan iE Reason E3 YrIiI?x Rink-II I Right?! Inudcni In I Ra'lmnsIonzplutcd; (?I'Ilnr (IN) N01 I?I?Imnm Dun ?3 I I Ut'fittr .n x: rm: :1 Icrferson .I l: In?uvnu- I . . nint'nt? l: RFD I'll( )Nlu ADDRESS \?an. Intcxa. Ill?d ?195; I'I'tvc M?vcr'll to Inxiv Item . . 'i I [it] I Yr. I urwanh Siam? Other 3-1 Attending medical I\u$tIn [j Rt?fmt'tf Ambulanu- . 'I'Inu- Ea?Sllh?t?i'j I Ithcr Other. RI-pnr! ?x 10 Lieutenan_t Scam. (icngsog I II $07 .-. MI I: Sccnun lam-r SIIpI-nzanr m1 (A .AIcv . (51'. l?nlicr Department (Lt 5?5 I (I M/v? Imn' 3/42?1? '20 ItznnInII Ix?rqn-xmt Yus? N. Dim- Yes. mun :Hmrn Ml" 13:3. or; I: rv . .3. Suluccl Resistance Report RH) 1377 RM. . VI I NESS (our. M) VII VI a DCheck il? Taser was deployed Page 1. LAST NANIE FIRST NAME M.I. 2. DATE 3. TLVIE 4. CR Prude Daniel 3/23/20 0320 20-RACE 8. HEIGHT 9. WEIGHT 7 10. INCIDENT LOCATION BEAT Male Black - I - 435 JelTerson Ave 233 ll. NO - Release approved by: I i 8 YES - Charges: MHA 9.4l 12. ACTIONS 13. TACTIC EFFECTIVENESS Subject resisted by (check all Check the appropriate box indicating whether the tactic was used. If the tactic was used. write the number that apply and explain in the 2, indicating what order the tactics were used in column one. in column two, write for narrative; Effeca've. ME for Moderately Effective and NE for Not Effective. Order Effectiveness Order [Effectiveness ?gzgingwo?uriogie 5 Verbal 1 NE Bi-Lateral Compression I . I . verbil refusal} usmg bgdy as Mandibular Angle Arm Lock w/Baton i "dead weight," running/walking Hypoglossal Nerve Front Jab w/Baton away. braCinS/Ieming bodY- Jugular Notch Rear Jab w/ Baton gugmiamy' tide; Clavical Notch Forward Strike 0v, 0 tn onoatxe 0 cc . . . I Brachial Stun Cl Middle Strike Assaultive Suprascapular Stun - [3 Reverse Strike lMay Include: Fighting 513966. Jab . El Strong Side Horizontal Strike 39mm?? Front Kick El Support Side Horizontal Strike kicking. biting. tackling) . [1 Straight Punch Imminent Threat of Angle Kick Deadly Physical ForcejSerious Forearm Strike Knee Strike [3 oc . .May include: Usrng or I I threatening to use a ?reamt/edged Spear . as? weapon/contact weapon in close . El Hooking Technique Bean Bag proximity or whzle closrng the Ground Stabilization 2 Hand Gun . 3-P0int Landing, Long Gun under Circumstances in which readily capable of SP1 or death. JOtnt mantpu atton) er. Air/blood choke which creates an Other: imminent risk of SP1 or death. Impacts w/o weapon which creates an imminent risk of death or other SP1) 14. Narrative If of?cer is in plainclothes, describe own clothing. If tacticf 5) used on subject were ine?ecrive. explain reasonm why. On 03/23/20 at approximately 0300 hours I responded to the area of 50 Child St for a suicidal male that was high on PCP and left the location. The male (A) was described as black wearing a white tank top. long jons and no shoes. I searched the area for (A) from my patrol car with negative results. A call for an alarm/break in came in at 767 W. Main St a few minutes later and it was determined that there was a glass break at the location. A third call came in for a male that matched the previous description. headed s/b on Jefferson Ave. At approximately 0315 hours I located a male (A) matching the description near the intersection of Jefferson Ave/Mccree Way. (A) was handcuffed and continually tried to get up. I instructed (A) to remain on the ground while waiting for AMR to arrive on scene.(Tactic 1. NE) While (A) was handcuffed he began spitting in the direction of myself as well as stating "Gimme that gun!". (A) made a direct movement to get up in my direction after making comments about wanting my gun. I then placed my right knee on the center of back. I then grabbed the right wrist of (A) with my right hand and the right elbow of (A) with my left hand in order to stabalize his body (Tactic 2. li). Once (A) became less resistant I relieved pressure from his back and arm. I remained in a squatting position on the left side of (A) while I monitored inhalations by observing the movement in his back. It appeared that (A) was not breathing and then I rolled (A) over to his left side to help him recover. AMR immediately began life saving measures. While AMR was performing chest compressions. (A) was rolled over to his left side for a breif moment in order to give me access to uncuff him. AMR continued to perform life saving measures and transported (A) to Strong Hospital. Officer: Primary Of?cer Assisting Officer Name: Of?cer Trgy Taladay IN 2794 Rochester Police Department (3.0. 335 Subject Resistance Report RPD 1377 Rev. 10/2019 DCheck if Taser was deployed SUBJECT Page I of 2 1. LAST NAME FIRST NAME M.I. 2. DATE 3. TIME 4. CR PRUDE DANIEL 3/23/20 0320 20-061 280 5. DOB 6. SEX 7. RACE 8. HEIGHT 9. WEIGHT 10. INCIDENT LOCATION BEAT - Male Black - - 435 JEFFERSON AVE 233 ll. NO Release approved by: YES Charges: MHA 9.41 12. ACTIONS 13. TACTIC EFFECTIVENESS Subject resisted by (check all Check the appropriate box indicating whether the tactic was used. If the tactic was used, write the number that apply and explain in the 2. indicating what order the tactics were used in column one. In column two. write for narrative) E?'ecn've. ME for Moderately Effective and NE for Not Effective. Order Effectiveness Order Effectiveness Avoiding Custody (M . I Verbal Bi-Lateral Compression ?y Inc C: 0n TCSPOIISC. . verbal refusal, using body as Mandibular Angle El Arm Lock w/Baton ?dead weight." running/walking Hypoglossal Nerve Front Jab w/Baton away. bracing/lensing body. Jugular Notch Rear I ab w/ Baton Eggmizl?ii" lg?gzg?fgfo?gs? Clavical Notch [3 Forward Strike y? Brachial Stun Middle Strike Assaultive Suprascapular Stun El Reverse Strike (May incmdei Fighling Sianf?c- Iab Strong Side Horizontal Strike ?9mm"? Front Kick Support Side Horizontal Strike kicking. biting. tackling) Straight Punch Imminent Threat or Angle Kick Deadly Physical Force/Serious Forearm Strike is?) Knee Strike 0c (May include: Usmg or threatening to use a ?rearm/edged Spear . dser weapon/contact weapon in close Hooking Technique Bean Bag Pfoximit)? 0T Whilc dosing the Ground Stabilization [3 Hand Gun distanceldangerous instrument 3-P0int Landing Long Gun under circumstances in which it is . . . . readily capable of SPI or death. 10ml manipulation) I er- Air/blood choke which creates an Other: imminent risk of or death. lmpacLs w/o weapon which creates an imminent risk of death or other SPI) l4. Narrative (fof?cer is in plainclothes, describe own clothing. lftactids) used on subject were ineffective. explain reason(s) why. ON THE ABOVE DATE AND TIME I ASSISTED GENESEE SECTION OFFICERS WITH A 78 CALL. SUSPECT WAS A BALD WITH NO SHIRT ON AND LAST SEEN RUNNING ON JEFFERSON AVE. WHEN I ARRIVED IN THE AREA OF JEFFERSON MCREE ST WAS ALREADY IN CUSTODY, COMPLETELY NAKED, LAYING ON THE GROUND AND YELLING. WAS YELLING THAT HE HAD THE CORONA VIRUS AND THAT HE WANTED MY GUN. THEN BEGAN TO SPIT TOWARDS AND IN RANGE OF OFFICERS WHILE ON THE GROUND. THEN SHIFTED TO A SITTING POSITION. AT THIS POINT MADE A MOTION AS IF HE WAS GOING TO ATTEMPT TO STAND UP. WAS THEN POSITIONED BACK IN A LAYING POSITION BY OFFICERS. WHILE OFFICER VAUGHN AND TALADAY WERE PERFORMING GROUND STABALIZATION TECHNIQUES. I OBSERVED WAS KICKING HIS LEGS BACK AND FORTH IN AN ATTEMPT TO BREAK LOOSE. I THEN TOOK HOLD OF LEFT ANKLE WITH MY LEFT HAND AND TOOK HOLD OF RIGHT ANKLE WITH MY RIGHT HAND. I PLACED RIGHT ANKLE OVER HIS LEFT ANKLE AND THEN APPLIED PRESSURE TO RIGHT CALF WITH MY LEFT SHIN. THIS WAS EFFECTIVE AND PREVENTED FROM KICKING OR ATTEMPTING TO GET UP. ONCE IT WAS REALIZED THAT BREATHING I COMPLETLEY LIFTED MY BODY WEIGHT OFF OF S. THE ONLY OTHER TIME I HAD CONTACT WITH WAS WHEN I ASSISTED IN PLACING 5 ON THE GURNEY. WHICH INVOLVED GRABBING LEGS AND WITH THE ASSISTANCE OF OFFICERS AND AMR CREW, LIFTING AND THEN PLACING ON THE GURNEY. Of?cer: Primary Officer Assisting Officer Name: SANTIAGO 1723 Dalian ?81: Ounl?ounn Ian-1 cannon STATE OF NEW YORK . - 1 9 COUNTY OF MONROE Rochester Police Department 6 ROCHESTER CITY COURT Supporting Deposition use 0.: '2 RPD 1270 IN THE MATTER OF LISTED BELOW: 1. NAME ADDRESS 2 NAME ADDRESS 3. NAME ADDRESS CHARGED WITH ALLEGED OFFENSES, TO WIT: - ?50 NAME DATE OF BIRTH ADDRESS AND PHONE NUMBER DEPONENT DEPOSES AND SAYS: OM, N?mg IS FIZQIBEL - P. A . . (at m5 bde?1mm. BWW1 m5 A3 Q5435 \0 mx ?9 0?32 \N?j Km ((15 Cw": Tug ~15 047.1 V2) (0 (Z mag ?N's NC (NC, m9. I \Qg (31373 uc WV 5? 4-1. amE 0 (H3 4 0 R412 v-Q (a CALL a? I fang To \J-of?U I c" To Q.) I: was C410 CAN Mac. ?40 Cum 3T 1421:. a ., HEREIN ARE PUNISHABLE AS A CLASS A DEMEANOR PURSUANTT STATE PENAL LAW. 23 I w. . DATE ?gwaNmSY/u? DATE RPD 127' REV. 02/03 STATE OF NEW YORK COUNTY or MONROE Rochester Police Department cm: (J 4 Eds ROCHESTER CITY COURT Supporting Deposition PAGE 0F 0/ RPD 1270 IN THE MATTER OF LISTED BELOW: 1. NAME ADDRESS 2 NAME ADDRESS 3. NAME ADDRESS CHARGED WITH ALLEGED OFFENSES, T0 WIT: Sag ?Dome NAME DATE OF BIRTH ADDRESS AND PHONE NUMBER DEPONENT DEPOSES AND SAYS. 63? 1? (1 ??\u?ij (3 Mg 136 (5/6435; . (xviiNOTICE: FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT 431/ ORK STATE PENAL LAW. i?yl?} 05 DATE WITNE EV DATE . .- REV. 02/03 Mental Health Transport 9.41 DANIEL PRUDE 10 Created At - By Status Last {nixed Erna/tori 19952 323220 Andrew Specksgoor complete 3 23 20 Incident/Response Information Type Incident Datcr'Tr'mc Reported Data/Time Beat/r SectionZono 9.41 323.20 03:11 32320 03:19 20-061280 213 GENESEE Dispatched To Location 50 Child St, Rochester 14611 435 Jefferson Ave. Rochester 14611 Agency Reporting Officer ID. (BA/la" Carr; ASSISHHQ Cl? Tia/non" ROC Andrew Specksgoor (585-216-9612) 2792 213A 2333. 2794 NO Criminal Charges? NO Persons Involved Person 7 Name {Sex Raco Address Phone ."Dayi Phone il-?vo Person 2: Name ("Sex Race DOB) Address Phone {Day} Phone ?Eve I fl l?rzrutz'i Patient Information Hospitai Physical Injuries Tech Work Strong minor NC Contact police on release7 NO History of assault/violent behavior? YES Requires restraint? YES Behaviors/actions indicating person (3 danger to self/Others Placed self in dangerous situation. Unable to care for self, Verbal threats, Attempted to hurt?kill self/others Record of military service7 NO Language Limitation Known Diagnosrs UNKNOWN Narrative 0n 03:23/2020. at 0311 hours, I responded to 50 Child St for a report of a male who ran out of the house. Upon arriving on scene I made contact with Joe Prude. Joe stated his brother. Daniel Prude. just ran out of the back door of the house without explanation. Joe advised Daniel was wearing only a white tank top and black long johns. with no shoes or jacket. Joe stated Daniel just returned from the hospital from being earlier in the day. Joe said Daniel is know to abuse PCP. said he wanted to kill himself. then threw himself head first down a flight of stairs earlier in the day. Joe said since returning from the hospital Daniel has been calm. not made any suicidal statements, and not used any substances to his knowledge. Joe said Daniel did not have a history of suicide attempts before today. As I was speaking with Joe. Dispatch advised they received a call about a male in the area of Jefferson Avenue and West Main St. running down the road in only blue pants and no shirt. Joe immediately stated the call was probably about his brother. I responded to the area of 435 Jefferson Avenue. where officers had located and detained the male. I asked the male if he was Daniel Prude. and the male advised he was Daniel Prude. I observed Daniel to be naked. with minor lacerations on his body. Daniel was handcuffed and laying in the middle of the street while waiting for AMR to arrive. During this time Daniel was rolling around yelling at officers to give him one of their guns. At this point I returned to my patrol vehicle to begin the MHA paperwork. AMR arrived on scene. While AMR was preparing to put Daniel onto the gurney, Daniel became unresponsive. CPR was performed by AMR and Daniel was transported to Strong Hospital. CHEEKTOWAGA POLICE DEPARTMENT Complaint Information Complaint# 20-012436 Date Received: 03/22/2020 Source: PHONE Dispatch Code: 1699 Call Type: POLICE Final Dispatch Code:1699 Description: Street: NOB HILL PARK TN Tract: Street Code: 10725 Cross Street: Business: Call Back: Times: Received:11:24:39 Dispatched:11:26:49 Arrived:11:29:23 Completed:12:21:11 Officers: Received By: Dispatcher: Report (follow up): YES Notified: Action Codes 1. 2. 3. 4. Associated Persons: SUB - PRUDE, DANIEL CMP- PING, ANDREW J. 03/22/20 11:24:23 675 WEARING BLACK LEATHER JACKET TAN HOOD BLUE SWEATPANTS AND BLACK DUFFLE BAG OPENED DOOR OF TOWN TRUCK AND TOOK A CELLPHONE WALKING THROUGH THE PARK 03/22/20 11:24:38 675 SAT DOWN IN BLEACHERS BY BASEBALL DIAMOND 03/2220 11:26:33 675 US WALKING TOWARDS POSSIBLY WHITE RD OR BERT RD 03/22/20 11:29:39 675 MALE US ON REDLEAF 03/22/20 12:06:13 632 PROPERTY RECOVERED AND MALE TAKEN TO THE CITY MISSION 03/22/20 12:13:18 632 HARBOR HOUSE NOW 03/2220 12:21 :07 675 MALE WAS DROPPED OFF AT HARBOR HOUSE ADVISED OF SERVICES 03/23/20 17:54:29 332 PR FILED Printed Date: 3/24/2020 2:33:16 PM Page 1 1 2020-00061277 3 05. Burglary 03/23/2020 03:10 03/23/2020 767 W MAIN ST 03:10 03/23/2020 03:10 213 Yes Completed PL 145.00 01 AM4 Criminal Mischief 4th: Intent To Damage Property 1 Other Retail Store-40 No No No No No Bias-Not Applicable-77 PL 140.20 DF3 Completed 1 Burglary 3rd: Illegal Entry with Intent to Commit a Crime Other Retail Store-40 No Bias-Not Applicable-77 Business-B Window Front Force METRO PCS 676 W MAIN ST Not Applicable Rochester, NY Business - NA Business - NA Business - NA NO MOHAMMED, NAHSHEL, A S Suspect Prude, daniel N Apparently Normal X Field RICOTTA CIS - MCU PAUL 2534 CID 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 1 OF 3 2 2020-00061277 3 Seized Evidence BWC Video Video Recorded by IBM: 2534 1 Item(s) Damaged Vandalized Other Property $200 BROKEN PLATE GLASS WINDOW 1 RICOTTA Item(s) PAUL 2534 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-00061277 ON 3/23/20, AT ABOUT 0310 HOURS, RESPONDED TO 767 MAIN ST. (METRO PCS) FOR THE BURGLARY ALARM FOR TWO GLASS BRAKE ALERTS. UPON ARRIVAL, OBSERVED THE PLATE GLASS WINDOW WAS SHATTERED ON THE WEST SIDE OF THE STORE . AS I APPROACHED THE WINDOW, I OBSERVED A CINDER BLOCK WAS LYING ON THE WINDOW FRAME AND APPEARED TO HAVE BEEN THROWN THROUGH THE WINDOW BY AN UNKNOWN SUSPECT. (NO) NAHSHEL MOHAMMED ARRIVED AND ATTEMPTED TO REVIEW VIDEO BUT WAS UNABLE TO ACCESS THE VIDEO SINCE HE HAVE THE PROPER PASSWORD. (NO) ALSO STATED THAT NOTHING WAS MISSING FROM THE STORE. SPECIAL SERVICES ADVISED THAT THEY WOULD COME AT 0800 HOURS TO REPAIR THE WINDOW. THE CITY CAMERA AT MAIN STIHENION ST. WAS FACING THE OPPOSITE DIRECTION WHEN THE INCIDENT OCCURRED. THERE ARE MULTIPLE CAMERAS AT 781 MAIN ST. (HAIR BIZZ) THAT FACE THE PARKING LOT. HAIR BIZZ WAS CLOSED AND I WAS UNABLE TO VIEW THEM. I TOOK PHOTOS OF THE BROKEN WINDOW WITH MY BWC. TECH RADELL ARRIVED AND ALSO PROCESSED THE SCENE. I LATER LEARNED THAT VIDEO WAS OBTAINED FROM 781 MAIN ST. (SEE FOR MORE). TO MCU-- NARRATIVE Report ng Cf?:e' IBM Date Reviewed By RICOTTA PAUL 2534 03l24l2020 ZENELOVIC, FLAMUR Incident Report Page 3 OF 3 DEPEW POLICE DEPARTMENT Complaint Information Complaint# 20-002489 Date Received: 03/22/2020 Source: PHONE Dispatch Code: 5007 Description: CUSTOMER TROUBLE Call Type: POLICE Final Dispatch Code:5007 Description: CUSTOMER TROUBLE Street: 55 DICK RD Tract: Street Code: 4715 Cross Street: MunicipalityzDEPEW Business: AMTRAK Call Back: Times: Received:08:35:48 Dispatched.08:35:52 Arrived:08:42:53 Completed:09:36:42 Officers: STRANC, TIMOTHY GORSKI, JEFFREY Received By: DZIADOSZ, CHESTER Dispatcher: DZIADOSZ, CHESTER Report (follow up): NO Notified: Action Codes 1. 2. 3. 4. Associated Persons: SUB - PRUDE, DANIEL CMP - AMTRAK 03/22/20 03:35:24 317 AMTRAK CMP BRAD, EMPLOYEE) REPORTS MALE ON IN BOUND TRAIN REFUSING TO LISTEN TO ORDERS CONTINUES TO SMOKE ON TRAIN FROM CHICAGO DUE IN AT 03:45 HRS 03/22/20 09:01 :46 317 PER PATROL DANIEL PRUDE LEFT TRAIN WITH NO INCIDENT SUBJECT LAST SEEN AT BUS STOP DISPATCH MADE CONTACT WITH ROCHESTER PD IN ATTEMPT TO CONTACT FAMILY MEMBER 03/22/20 09:36:37 317 UNABLE TO FIND RPD HAS NO INFO Printed Date: 3/24/2020 2:34:29 PM Page 1 City Records Access From: Sent: To: Subject: Attachments: Favor Jr., Henry C. Tuesday, April 14, 2020 3:41 PM Morabito II, Joseph M. FW: Investigative Summary 435 Jefferson Ave.2 Investigative Summary 435 Jefferson Ave.2.docx As discussed sir…    From: Umbrino, Frank   Sent: Tuesday, April 14, 2020 2:23 PM  To: Favor Jr., Henry C.   Subject: Investigative Summary 435 Jefferson Ave.2    Bulleted timeline is under the narrative portion.  The gray Malibu is ours and we are addressing it   1 City Records Access From: Sent: To: Subject: Attachments: Favor Jr., Henry C. Tuesday, March 24, 2020 7:38 AM Morabito II, Joseph M. FW: 435 Jefferson Ave Incident Summary Investigative Summary 435 Jefferson Ave.docx Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------From: "Umbrino, Frank" Date: 3/23/20 8:55 PM (GMT-05:00) To: "Favor Jr., Henry C." Subject: FW: 435 Jefferson Ave Incident Summary Commander Is this sufficient or are you looking for more specific details? -------- Original message -------From: "Perkowski, Michael E." Date: 3/23/20 20:40 (GMT-05:00) To: "Umbrino, Frank" Subject: 435 Jefferson Ave Incident Summary Here you go Capt.    Lieutenant Michael Perkowski  Rochester Police Department  Central Investigations Section  Major Crimes Unit  Michael.Perkowski@cityofrochester.gov  585‐428‐8831     1 City Records Access From: Zenelovic, Flamur Sent: Thursday, April 16, 2020 4:33 PM To: 'Sommers, Jennifer' Subject: RE: Prude Attachments: Cheektowaga Police Report.pdf,' Crime Report?Ofc. Ricotta?Metro PCS Burglary.pdf; Depew Police Report.pdf; Carbonelpdf; IAR?lnv. Gothampdf; Houlihan.pdf; Frye.pdf,' Gonzalezpdf; Harris.pdf,? Laurez.pdf; Serenispdf; lAR-Ofc. Specksgoorpdf,? Talladay.pdf; IAR- Sgt. Magripdf,? Incident Report-Ofc. Vaughn.pdf; MHA Report 03.23.20 .pdf; MHA Report 03.22.20.pdf; Orchard Park Police Report.pdf Please find attached to this e-mail all related police reports, MHA reports from RPD as well as some reports from Buffalo area police agencies for 03/23/20. Those agencies had contact with Daniel Prude on 03/23/20. Thank you, Flamur Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester. New York 14614 Of?ce #(585) 428-6868 f21543 (dcitsr'o??ocllester. gov From: Sommers, Jennifer Sent: Thursday, April 16, 2020 2:56 PM To: Zenelovic, Flamur Subject: RE: Prude Warning: This email originated from an external source. Please do not open attachments. click on links, or provide your usemame or password if the source is suspicious. No worries Are you free for a call now? From: Zenelovic, Flamur Sent: Thursday, April 16, 2020 2:55 PM To: Sommers, Jennifer Subject: RE: Prude Hello, My cell phone number is -and my office number is 428-6868. Sorry for the delay. Flamur Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester. New York 14614 Of?ce #(585) 428-6868 f21543 (dcitvofrochester. 9.0V From: Sommers, Jennifer Sent: Thursday, April 16, 2020 1:33 PM To: Perry Duckles Doorley, Sandra (Monroe County) Cc: Zenelovic, Flamur Subject: RE: Prude Warning: This email originated ?om an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Thank you so much Perry! Flamur What is your cell phone number? have a 2:00 conference call but I can call you now if you are available or else I can call you after. Thank you From: Perry Duckles Sent: Thursday, April 16, 2020 1:28 PM To: Sandra Doorley Sommers, Jennifer Cc: Zenelovic, Flamur Subject: RE: Prude Hello Jen, Flamur Zenelovic (copied herein) is the Sgt. In charge of this matter. He?s aware you?ll be reaching out and is happy to help get you whatever you need. I am also able to help in that regard, just let me know. Let us know, and I?m glad to hear you are well. Perry Duckles First Assistant District Attorney  Monroe County District Attorney’s Office  47 South Fitzhugh Street  Rochester, NY 14614  585‐753‐4653 (office)    From: Sandra J Doorley    Sent: Thursday, April 16, 2020 1:18 PM  To: Sommers, Jennifer ; Perry M Duckles   Subject: Prude    Great talking to you, Jen!    I’m copying Perry in on this.  He is going to reach out to RPD and get you the appropriate contact.  Stay tuned…..    Stay safe!!    Sandra    ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended  recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the  intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended  recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including  attachments.   IMPORTANT NOTICE: This e-mail, including any attachments, may be confidential, privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. 3 ROCHESTER POLICE DEPARTMENT Impaired Drugs Missing Persor Coce Missing Persor Mothers Mai den Name Nissir-g Derson Pace of Bi'th Victim's Name (Last. First. Middle) CI lla'ne of Business Location of O?'e'ise Beat .1 TBA 435 JEFFERSON AVE Rochester 263 2 bate/"me otOccmer-ce Ottense I Charge InCIdent (Most 4ecent Cassncation- 3 03/23/2020 03:15 Class ?cat or After Investigation (Inc ude _aN Sect or humberj BWC No SuspectT/pe Suspect Name (Last. First. Micdle) Nickrame Arrestee PRUDE, DANIEL 3 Address Date 0? Birth Age Sex Race E:hnicity JCQ i a 41 9 l?eigh: Weigh: Hair Coot Hair Length Cye Colo Glasses Complexion Build racial Han Gang A?ilation Black Brown 0 Clothing. Jewelry. features O?erder CO?ldllO'l Scars Ma'ks. 'attoos (L (D (.0 School ID Number Year Make Vlodel Style Color State Registration ?3 VN ?3 Towed to - 8 Towed by - El Locator' Recovered Dale Tine Ow1e' Noti?ed by 2 tv1dence ct Damage Method of lhett lime Rado \lotiteo 0* Recovery On March 23, 2020 I was tasked by Sgt. Zenelovic to do a neighborhood check in the 400 block of Jefferson Avenue between Dr. Samuel McRee Way and Cady Street. I was able to locate video at 422 Jefferson Avenue. The video was collected by members of the technicians unit. I could not locate any additional video between Dr. Samuel McRee Way and Cady Street. During the canvass I did speak to the following residents on Jefferson Avenue. Nll-Abdikadir Muya of ?no answer at the door. I did leave a business card asking for a call back. it NIO- Gwendolyn Sweet of Sweet said that she heard a male yelling and Screaming out of her bedroom window. Sweet said that she did not get up to look out her window. She only knew that the police were outside when she saw the crime scene tape. 435 Jefferson Avenue Abundant Life Church closed with no video cameras. Continuance of Charged to Closed by 2 Field Field Field 2 txceptional Cleararce Bias lype Victim Relationsnip to Suspect 5 Unknown 0F) Property Recovered Value 0" Frooedy #Arrested SRR Vlultiale Clearup Teletype 813th Additional Tecl?work Per?or'ned Further Investigation Conducted By CIS - MCU Report ng Date. Reviewed :ly CARBONEL WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATTVE ACTION REPORT 2020-00061280 CASE UPDATE NARRATIVE 428 Jefferson Avenue Pretty Black Society Hair Gallery business closed with no video. 424 Jefferson Avenue is a multiple family apartment building with no exterior video cameras. Nlo Juvenile ianiya Williams oi? Williams said that she did not see or hear anything. 424 Jefferson Avenue #26 no answer at the door business card was left in the door. Dimetrius Holmes Holmes said that he saw the police standing out in front of his apartment. He did not see anyone else or what occurred on Jefferson Avenue. Pastine Davis _efused to give her phone number. Davis said that she was asleep in her apartment. That is when woke up because she heard someone screaming outside. She looked out of her window that faces Jefferson Avenue. She saw a naked male with the Police. After she saw the male with the police she went back to bed. 450 Jefferson Avenue vacant under construction. Report n9 Cf?ze' IBM Date Reviewed By WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03I26l2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 NI MUYA , ABDIKADIR NO SWEET , GWENDOLYN NO WILLIAMS, TANIYA M B N Rochester, NY 14608 Rochester, NY 14608 NO HOLMES, DIMETRIUS NO DAVIS , PASTINE Rochester, NY 14608 WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE Victim's Name (Last. Middle) Cl ?3118 of Business Location of OlTerIse Beat _l TBA 435 Jefferson AVE Rochester 213 2 bate/"me otOccmerce Ottense I Charge InCIdent (Most Recent Cassncatlon- I- 3 03/23/2020 03:10 Classi?catlor After Investigation (Inc ude _a'N Sector number} BWC No SuspectT/pe Suspect Name (Last. First. Micdle) llickrame Arrestee PRUDE, DANIEL 3 Address Date 0? Birth Age Sex Race Ethnicity MDRIS JCR i 9 I?eigh: Weigh: Coot Hair Length Glasses Complexion Build racial Ila/r Gang Af?liation Black Brown 5 Clothing. Jewelry. UIstIngUIshIng Features Otter-der Conditon Scars Marks. lattoos a 8 Missing Persor Coce Missing Persor Mothers Maiden Name Nissir-g Person Race of Bi'th Scrool ID Number Year Make Model Style Color n: State Registration Towed to - 8 Towed by - Locatoi' Recoveied Date Trne Owner Notified by _l 2 EVIdence ct Damage Method of Ihett lime Rado \lotited of Recovery On 3/23/20, Inv. M. Hill and were called back to duty by Sgt. Weigel in order to assist Genesee Section with the above incident that had occurred in the area of 435 Jefferson Ave. Upon our arrival, we were briefed by Sgt. Weigel and learned that while Genesee Section Officers were attempting to take (S) Prude into custody for a mental hygiene arrest, when (S) Prude had a medical event and became unresponsive. (S) Prude was then transported Strong Memorial Hospital In order to receive medical treatment. Sgt. Weigel tasked Inv. Hill and me with interviewing the 911 caller (PK1) Jonathan and (S) 2 I Prude brother, (PK2) Prude. I first called (PK1) Jonathan at Jonathan stated that he works for Gates Towing and wasn't able to respond back to the area in order to speak. However, (PK1) Jonathan stated the following: He was in the process of hooking/towing a vehicle in the area of 179 Jefferson Ave. when he observed a bald black male wearing dark colored thermal pants and Continuance of Charged to Closed by 2 Field 2 Exceptional Clearance Bias lype Victim Relationship 10 Suspect 5 5 Property Recovered Value 0" Proserty #Arrested SRR Vlultiole Clearup Teletype Slams Additional Tecl'work Per?ormed :urtker Investigation Conducted By CIS - MCU Report ng Of?cer Date. Reviewed By GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC, FLAMUR 03l26/2020 IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATTVE ACTION REPORT 2020410061280 CASE UPDATE no shirt. The male appeared to have blood on his stomach and feet and wasn't wearing shoes. (PK1) Jonathan heard the male, later identified as (S) Prude, yelling statements to the effect of, "Call 911. I've got the Coronavirus." (PK1) Jonathan then observed (S) Prude attempt to get into a Medical Transport van that was parked on Jefferson Ave. (PK1) Jonathan informed (S) Prude that he was calling 911 as requested, and at that point, (S) Prude took off heading southbound on Jefferson Ave. (PK1) Jonathan stated that he didn't see the Police Officers take (S) Prude into custody. Inv. Hill and I then responded to 50 Child St. in order to speak with (PK2) Prude. (PK2) Prude then provided a written deposition to Inv. M. Hill regarding the events of the day. See deposition for further. LLI 2 '5 Report ng Cf?ee' IBM Date Reviewed By GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC, FEAMUR 03/26/2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 PK Jonathan, Justin PK Prude, Joe GOTHAM BRANDON 1831 M W N M B N Y 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Nan?e (Last. First. Middle) cl Nine of Business Location of Offense Beat El City of Rochester 435 Jefferson AVE 233 Lou Bate/lime of Occurrence Offense I Charge InCIdent (Most Recent Classmcatlon) 03/23/2020 03:11 Burglary 3/ CM 3/ MHA Burglary lnvestigation/ Mental Hygiene Arrest, RPD 435 Jefferson Av, 03/23/20 0311 hr Suspect: Daniel Prude, Narrative: On 03/23/2020 at approximately 0900 hr., lnv. R. Benjamin and I met with Lt. Perkowski and Sgt. F. Zenelovic. The meeting happened in the lieutenant?s office in MCU. During this meeting, Lt. Perkowski informed us that there was an incident that occurred at 435 Jefferson Av earlier in the morning involving a Mental Hygiene Arrest where the arrestee, Daniel Purdue, lost consciousness and went into cardiac arrest while being detained. Lt. Perkowski informed us that there were three separate job cards associated with this MHA. The first incident was a missing person report at 50 Child St, with the CR #20-061276. The second incident was a criminal mischief/attempted burglary that occurred at 767 Main St, RPD and the third incident was an MHA arrest that occurred at 435 Jefferson Av, RPD We were told to compile the majority of our paperwork under the third crime report number, 20-061280. At 0300 hr., Joe Prude called 911 from 50 Child St (RPD to report that his brother, Daniel Prude, had left the house after just being released from Strong Hospital where he had been admitted for suicidal thoughts. Joe Prude reported that his brother was not wearing any shoes and he was only wearing long johns and a white tank-top. Joe Prude was afraid that his brother had run up to the railroad tracks. Officer Mark Vaughn was dispatched to the job and was speaking with Joe Prude when a call came into ECD at 0309 hr. for a burglary alarm at 767 W. Main St (RPD NARRATIVE As officers were heading for the burglary alarm at 767 W. Main St, a tow truck driver by the name of Justin Jonathan called 911 from his cell phone ?to report that there was a male near the intersection of Main St and Jefferson Av who had no clothes on with blood all over him. Justin Jonathan said that the male was trying to break into a car and was saying that he had the coronavirus. Justin Jonathan said that the male just ran off and was last seen running south on Jefferson Av. Lt. Perkowski told us that Officers Mark Vaughn, Paul Ricotta, Andrew Specksgoor, Josiah Harris, Troy Talladay and Sgt. Michael Magri were all in the area and responded. They found a naked male in the street at the intersection of Jefferson Av and Cady St (435 Jefferson Av) and took the male into custody. One of the officers (later identified as Officer Mark Vaughn) pointed a Taser at the subject and ordered him to the ground for handcuffing and the subject complied. He was handcuffed without any use of force. According to the ECD job card, Officer A. Specksgoor called one in custody for an MHA at 0319 hr. The male then sat upright and began to spit at officers and attempted to get up. The officers applied a spit sock and laid the subject prone on the ground, stabilizing him until the arrival of AMR. While stabilizing him, he vomited and then went unresponsive. According to AMR, there was no pulse and CPR was required during transport to Strong Hospital. The subject was identified as Daniel Prude, a male with the date of birth -He recently moved to Rochester to stay with his brother, Joe Prude, at Information was that Daniel Prude had been transported to Strong Hospital on 03/22/2020 at approximately 1920 hr. for a mental health evaluation. According to Joe Prude, he was only at the hospital for a few hours when he returned to 50 Child St at around 11 PM. Reporting Of?cer IBM Date Reviewed By HOULIHAN MICHAEL 0890 03I26I2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 0-00061 0 NARRATIVE ONLY Inv. R. Benjamin and I went to Strong Hospital at around 1030 hr. to check on the status of Daniel Prude. When we arrived in the ED. we were informed that Prude was in the Intensive Care Unit, 4-2800. We went to that unit and spoke with the nurse manager,? She told us that she could not provide specific information about Daniel Prude?s health due to HIPA laws. She did offer that since Prude is being treated in the ICU his condition is considered ?Critical? but he was in stable condition. Although Cilano was guarded with the information on Prude, I learned that he was on a breathing tube and was not allowed any visitors (clue to ConD-19 procedures). Cilano referred us to the Public Safety supervisor at _for further information. Inv. Benjamin and I then relocated from Strong Hospital to 50 Child St to make contact with the family of Daniel Prude. We met with Joe Prude _nd his wife, Valerie Stotts They indicated that they had tried to see Daniel Prude at Strong Hospital but were denied access due to the Coronavirus quarantine. Stotts said that she spoke with a Doctor on the phone (she could not provide the Doctor's name during our interview) and the Doctor told them that Daniel had been without oxygen for an extended period of time and he would likely be ?brain dead?. Stotts and Prude stated that they had contacted an attorney and they were quite angry that Daniel Prude had been released from Strong after such a brief period of time. Inv. Benjamin and I then went to AMR Ambulance Corp, 811 West Av, Phone 585-777-7777, to try to speak with the ambulance personnel who attended to Daniel Prude. We met with a shift supervisor there who told us that none of the crew that had been on around 0300 hr. were still working. We provided contact information to him to relay to ambulance personnel Julie Purick and Sean O?Donnell. At approximately 1215 hr., Valerie Stott contact Inv. Benjamin by phone to provide the name of the Doctor at Strong Hospital that they had talked to. That Doctor?s name is Dr. Soniwara. Inv. Benjamin and I then drove to 796 Glide St to meet with Justin Jonathan (the 911 caller for the possible 10?78 at W. Main St and Jefferson Av). Jonathan told us that he is a tow truck operator for Gates Towing. He was working a towing job at an alley near the intersection of Main St and Jefferson Av when a male black, about 40 years old, approached him and asked him to call 911. Jonathan said that the male was claiming to have the Coronavirus. Jonathan said that the male had blood on his feet and his stomach. The male tried to open a locked car door on a blue minivan that was parked in the area. Then, the male got down on his knees and begged Jonathan to call 911. Jonathan told him that he was already on the phone with 911. Jonathan said that when he told the man this, the man said something to the effect of ?Oh shit, I gotta? leave? and the male started to run down W. Main St to Jefferson Av and then turned southbound on Jefferson Av. Jonathan said that the police arrived in the area and he went back to work towing the vehicle he was there for. Jonathan said that after he hooked the vehicle up he looked down Jefferson Av and saw several police cars and a few police officers standing around the male, who was laying on his side on the ground. Jonathan said that it appeared that the male was handcuffed with a light colored hood over his head. Jonathan drove around the block and again looked down the street briefly at the scene. He could see a few police officers crowded around the male on the ground (who he said appeared to be on his side) and he could see that there was an ambulance on scene and a fire truck. Jonathan said that he stayed in his truck and did not spend much time watching what was going on. NARRATIVE AT 1430 hr., Inv. Carbonel and I returned to the area of 435 Jefferson Av to conduct a neighborhood check of the area between Cady St and Dr. Samuel McCree Way (refer to IAR submitted by Inv. Carbonel regarding details of this neighborhood check). At 1511 hr., Julie Purick called and made arrangements to meet with Inv. Benjamin and 1625 hr., I spoke with University of Rochester/Strong Hospital Security Supervisor Kay Power (phon? She asked if Daniel Prude was a suspect, witness or victim. I told her that Prude had been transported to Strong Hospita as a Mental Hygiene Arrest, but there could be criminal charges filed against him when he is released. I told Power that we would like to interview Prude, when and if possible. Power told me that she would advise me when Prude is discharged or Reporting O??cer IBM Date Reviewed By HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 2 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 6 NARRATIVE ONLY NARRATIVE moved to another unit. AT 1650 hr., Inv. Benjamin and I met with AMR paramedicJulie Purick She informed us that she was working the shift starting at 1745 hr. on 03/22/2020 with EMT Brett Barnes in Rig #7989. Shortly after 3 am they were dispatched to the area of W. Main St and Jefferson Av for a call. The details were that there was a bloody male running in the street naked. They arrived in the area at 0313 hr. and staged at Nick Tahoe?s, 320 Main St. They were called in to the scene at 0318 hr. The drove westbound on Main St and turned southbound on Jefferson Av, arriving at 0320 hr. Brett Barnes retrieved the stretcher while Purick approached RPD. As she approached RPD one of the officers asked her if she was grabbing the gurney because the subject was fighting. Purick said that she could see the subject actively resisting and attempted to get up. She could hear the subject talking incoherently. She said the subject had a spit sock on. She told the officer she was going to get a medication to sedate the subject. She stated that her observations of the subject were that he could be experiencing ?excited delirium?, which she described as a condition in which the subject is experiencing agitation and aggression; increased heart rate and respiration; overheating (which she stated would explain the subject being naked on a night when temperatures were around 32 degrees with mixed snow and precipitation); sweating, flushed appearance; excessive strength, a high tolerance for pain and incoherent speech. She indicated that excited delirium is commonly associated with drug use like cocaine and PCP. As Purick was going to get the medication to calm the subject the patient went silent. She heard Brett Barnes say that she was needed, and she heard Brett Barnes tell the officers to roll the subject over and remove the handcuffs. There was a moment while the officers were trying to find a handcuff key, and Barnes and Purick started CPR. When the officers found a handcuff key, they rolled the patient over and took the cuffs off and then continued to perform CPR. The subject was transported to the gurney and put into the back of the ambulance, where Epinephrine and Sodium Bicarbonate were administered. The patient was then intubated and at 0341 hr. the patient?s heart began to beat on its own. They transported Daniel Prude to Strong Hospital and arrived at 0347 hrs. On Tuesday, March 24, 2020, at approximately 1100 hr., I went to the Family Dollar located at 715 W. Main St. I spoke with the store manager, Tonya Greenlea (cell phone She indicated that the store does have exterior cameras in good working order and that RPD Technicians could have access to the system if they called or met with her before 3 PM. I relayed this information to Sgt. Zenelovic who made arrangements for a technician to respond. I checked the corner store located at 613 Main St and spoke with the clerk, Mahamed Algohaim. He told me the exterior cameras at the location were in good working order and he had the passcode for the camera system, although he claimed not to know how to download video files from the system. He provided a phone number of _or the store and told me that he would be there all afternoon if a technician wanted to stop by. I also found video footage available at the corner store located at 259 Jefferson Av (The Clifton Food Market). I spoke with Hani Muthana who told me that his video system is always available to the police. I told him that a technician would be stopping in to retrieve about ten minutes worth of video. Arrangements were made for the technician to stop by both location after downloading the video from the Family Dollar. Other locations that were check with negative results were as follows: 0 Mason?s Deli, 396 Jefferson Av, Phone? Female at location told me that the cameras are not recording. 0 The Seventh-Day Adventist Church, 309 Jefferson Av. There was no answer at the location. 0 Nichol?s Brother?s Collision, 705 W. Main St, Phone? I spoke with an employee there named John who told me the exterior cameras affixed to the shop do not record. On 03/24/2020 I was in contact with Strong Hospital Security (Kay Power). She indicated that there has been no change in the status of Daniel Prude. He is still listed in guarded condition in the ICU, intubated and unable to be interviewed. She Reporting O??cer IBM Date Renewed By HOULIHAN MICHAEL 0890 03l26l2020 ZENELOVIC, FLAMUR IAR Nanative Only Page 3 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 0-00061 0 NARRATIVE ONLY informed me that if his status changes she will advise. On March 26, 2020 at approximately 0930 hr. I contacted Strong Memorial Hospital to inquire about the medical records that had been subpoenaed by ADA Duckles. She indicated that the hospital?s Copy Services division had been instructed to send the records to ADA Duckles by March 26, 2020. The hospital?s order number for this request is #6262362500. As of the afternoon of 03/26/2020 I had not further involvement in the investigation. LLI 2 n: Reporting O?icer IBM Date Reviewed By HOULIHAN MICHAEL 0890 03I26l2020 ZENELOVIC, FLAMUR Narrative Only Page 4 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY CR 2020-00061 280 Victim's Name (Last, Firslt Middle) Cl Name of Business Location of O?'ense 435 Jefferson AVE Beat 233 Bate/l Irne 0t Occurrence 03/23/2020 03:11 DETAIL Ottense I Charge InCIdent (Most Recent Uassu?lcatlonj- NARRATIVE On 03l23/20, I assisted with the above incident. At 0810 hrs., I located the victim's white tank top on the sidewalk, in front of 767 W.Main Street. Technician Mueller responded and collected it. Report-n9 Of?cer FRYE THOMAS IBM 1827 Date Reviewed By 03l23l2020 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020'00061280 CASE UPDATE Victim's Name (Last. l?iist. Middle) CI ?3118 of Business Location of OITerIse Beat _l PRUDE, DANIEL 435 Jefferon AVE Rochester 233 2 L'atefime otOcurIerce Ottense I Charge InCIdent (Most Recent Cassncatlon- 03/23/2020 03:11 Classi?cator After Investigation (Inc ude _a'N Sector number} BWC No SuspectT/pe Suspect Name (Last. First. Micdle) Nickrame 3 Address Date 0? Birth Age Sex Race Ethnicity JCR 3? 9 I?eigh: Weigh: llaiI Length Glasses Complexion Build Facial Hair Gang Clothing. Jewelry. UIstIngUIshIng Features Otter-der Conditon Scars Marks. Iattoos (L 3 Missing Persor Coce Missing Persor Mothers Maiden Name Nissir-g Person Race of Bi'th School ID Number Year Make Model Style Color State Registration Towed to - 8 Towed by - Locatoi' Recoveied Date Tine Owner Noti?ed by EVIdence ct Damage Method of Ihett lime Rado \Iotited 0" Recovery ON 3/23/20 DURING 2ND PLATOON ROLL CALL RO WAS ASSIGNED TO ASSIST WITH THE FOLLOW UP OF THIS ONGOING INVESTIGATION. RO WAS TASKED WITH CHECKING THE CAMERAS IN THE AREA OF W. MAIN ST. RO CALLED THE CAMERA ROOM AS THERE IS A CITY BLUE LIGHT CAMERA AT THE CORNER OF W. MAIN ST AND HENION ST. RO SPOKE WITH PSA HETZLER WHO CHECKED THE CAMERA AND STATED THAT BETWEEN 0300HRS AND 0301 HRS THE MALE WAS SEEN ON CAMERA. HE WAS IN THE VALERO GAS STATION LOT (799 MAIN ST) ACTING TUMULTUOUS THEN LEFT THE FRAME. HE WAS WEARING THE DARK COLORED LONG JOHNS AND WHITE TANK TOP. HETZLER BOOKMARKED THE VIDEO AND DOWNLOADED IT TO A HARD COPY THAT WAS TURNED INTO THE PROPERTY CLERKS OFFICE. THAT PARKING LOT IS NEXT TO THE 767 (METROPCS) AND 781 (HAIR BIZZ) W. MAIN ST SHARED PARKING LOT. Continuance of Charged to Closed by 2 Not Applicable (non-crime) txceptlonal Clearance BIas type Relationship to Suspect 6 5 Property Recovered Value 0" Prooeny #Arrested SRR Vlultiole Clearup Teletype Stath LU 2 Additional Tecl'work Per'orrned Further Investigation Conducted By Report ng Of?cer Date. Reviewed Fly GONZALEZ ANTONIO 1394 03l23l2020 ZENELOVIC, FLAMUR 03l23/2020 IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT CASE UPDATE 2020-00061280 NARRATIVE AT 0309HRS THE ALARM CALL FOR SERVICE CAME IN FOR 767 MAIN PCS) AS THE GLASS BREAK DETECTOR WAS TRIGGERED. 1ST PLATOON OFFICERS ARRIVED ONSCENE AND CONFIRMED THAT THE GLASS WINDOW WAS BROKEN AND REQUESTED A BOARD UP. 2ND PLATOON OFC. T. FRYE LOCATED A BLOODY WHITE TANK TOP ON THE W. MAIN ST SIDEWALK IN FRONT OF METRO PCS AT 0730HRS RO RESPONDED TO 767 MAIN ST AND SPOKE WITH (PK1) WHO IS THE STORE OWNER OF METROPCS AND HE STATED THAT THE CAMERAS IN THE PARKING LOT ARE RUN BY THE FOLKS WHO OWN THE HAIR BIZZ. HE DID NOT HAVE THEIR CONTACT INFORMATION BUT HE STATED THAT THEY OPEN UP AT 1000HRS. RO CHECKED THE HAIR BIZZ SEVERAL TIMES AFTER 1000HRS BUT THE BUSINESS REMAINED CLOSED. THERE WAS NO CONTACT INFORMATION POSTED ON THEIR DOOR OR WINDOWS. RO HAD ADMIN CHANNEL 5 SEARCH FOR THEIR CONTACT INFO WITH NEGATIVE RESULTS. RO CHECKED LERMS FOR BUT THE ONLY ENTRY WAS A DIFFERENT LOCATION FROM 2010. CONTINUANCE OF A NON CRIMINAL INCIDENT. Report ng Cf?:e' GONZALEZ ANTONIO IBM 1394 Date 03I23l2020 Reviewed By ZENELOVIC, FLAMUR 03I23l2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 PK NAHSHEL, MOHAMMED GONZALEZ Rochester, NY 14611 ANTONIO 1394 03/23/2020 ZENELOVIC, FLAMUR 03/23/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Name (Last, First. Middle) cr Na'ne of Business Location of O?'ense Beat 5 435 JEFFERSON AVE 233 L'atelilme otOccurlerce Oh?ense I Charge InCIdent (Most Recent Cassncatlonv 03/23/2020 03:11 NIA On 03l23/20 at or about 0300 I responded to the area of Jefferson Main St for the report of a male running around naked stating that he had the virus. While in the area, officers did locate the male who was later identified as (S) Daniel Prude. Once I arrived, (S) Prude was handcuffed and laying naked in the middle of the street, in front of the above location. While officers were waiting for the arrival of AMR, (S) Prude began to state that he wanted to take an officers gun and attempted to get off the ground and come toward officers. (S) Prude was controlled by officers. I then left the location and responded to another priority job involving a male with a knife. I returned to the above location around 0330 hrs. Once I arrived, (S) Prude was already on the ambulance (#7989). The following AMR staff were at the scene: -Paramedic, Julie Purick -Paramedic, Sean O'Donnell -EMT, Brett Barnes -Supervisor, Melissa Greek-Rouse -Supervisor, McKenzie Moranz I then followed AMR to SMH where he received treatment from Dr. Tenney and SMH staff in the emergency department. While at the hospital I took the following photos of (S) Prude: - eft foot showing a laceration -right foot showing a laceration -right forearm and bicep area showing an abrasion - eft shin area showing a contusion - eft hand with laceration NARRATIVE (S) Prude was transported to room 4.1818 I remained with Prude until Sgt. Magri informed me to secure. At the time of this report, (S) Prude remained in critical condition. No further information. Report ng Of?cc' IBM Date Reviewed By HARRIS JOSIAH 2279 03l24l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY 2020-00061 280 DETAIL Victim's Name (Last, Middle) Na'ne of Business metro pc Location of O?'ense 767 MAIN ST Beat 213 L'ate!? Ime 0t Occurlerce 03/23/2020 03:10 Oh?ense I Charge InCIdent (Most Recent Cassncatlonv criminal mischief NARRATIVE RO RESPONDED TO 424 JEFFERSON AVENUE TO ATTEMPT TO LOCATE VIDEO. ON SCENE RO SPOKE TO THE OWNER THAT OPENS THE STORE IN THE MORNING. HE SAID HE DOES NOT KNOW HOW TO WORK THE CAMERAS HOWEVER HIS SON COMES IN TO WORK AT THREE AND CAN HELP WITH THE CAMERAS AT THAT TIME. Report ng Of?ce' LARU EZ JAMES IBM 1787 Date Reviewed By 03l25l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY DETAIL L'ateli me of Occurrence Victim's Name (Last, Firsts Middle) or Name of Business Location of O?'ense 435 Jefferson AVE 233 Deal 03/23/2020 03:11 MHL 9.41 Ottense I Charge InCIdent (Most Recent Cassncatlonv NARRATIVE On Monday 03l23l2020 I was tasked with checking the area of Jefferson Ave from Dr Samuel McCree Way north to Main St for clothing worn by mental hygiene arrestee Daniel Prude 09/20/1978. The clothing consisting long underwear and a white tank top that was reportedly removed by Prude prior to police contact and the subsequent MHA. I did locate a pair of black long underwear in the roadway on Jefferson Ave at Adams St at approximately 0750hrs. I requested a tech to respond. Tech Ofc Mueller responded to photograph and collect the same. Report ng Of?ce' SERINIS TED IBM 1605 Date 03l23l2020 Reviewed By ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY Victim's Name (Last. First. Middle) Na'ne of Business Location of O?'errse Beat PRUDE, DANIEL 435 Jefferson AVE 233 L'atelilme otOcurrerce Ottense I Charge InCIdent (Most Recent Cassr?lcatlon- 03/23/2020 03:11 DETAIL On 03l23/2020, at 0311 hours, I responded to 50 Child St for a report of a male who ran out of the house. Upon arriving on scene I made contact with Joe Prude. Joe stated his brother, Daniel Prude, just ran out of the back door of the house without explanation. Joe advised Daniel was wearing only a white tank top and black long johns, with no shoes or jacket. Joe stated Daniel had returned to the residence at approximately 2100 hours from being earlier in the day. Joe said Daniel is known to abuse PCP. Joe said Daniel said he wanted to kill himself and threw himself down a flight of stairs earlier in the day. Joe stated since returning to the residence Daniel had acted calm, not made suicidal statements, and had not used any substances to his knowledge. Joe said Daniel did not have a history of suicide attempts before today. As I was speaking with Joe, Dispatch advised they received a call about a male in the area of Jefferson Ave and West Main St, running down the road in only blue pants and no shirt. Joe immediately stated the call was probably his brother Daniel. I responded to the area of 435 Jefferson Ave, where officers had located and detained the male. I observed the male to be naked, handcuffed, and laying on the middle of Jefferson Avenue. I asked the male if he was Daniel Prude and the male advised he was Daniel Prude. I observed Daniel to have minor lacerations on his body. Daniel was yelling and rolling around on the ground while waiting for AMR to arrive on scene. Daniel asked officers several times to give him one of their guns. Daniel was officially at 0319 hours. At this point I returned to my patrol vehicle to begin MHA paperwork. As I was completing the MHA paperwork AMR arrived on scene. I positioned my patrol vehicle behind the AMR ambulance to prepare to follow them to Strong Hospital. At this time I looked up and observed AMR performing CPR on Daniel. NARRATIVE Daniel was transported to Strong Hospital by AMR. I set up tape around the scene. I responded to 50 Child St to maintain custody of the residence. I cleared the scene when directed by Lt Tordai. Nothing further to report at this time. Report ng Of?cer IBM Date Reviewed By SPECKSGOOR ANDREW 2792 03l26l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY Victim's Narre (Last, First. Middle) cr Na'ne of Business Location of O?'ense Beat Prude, Daniel 435 Jefferon AVE 233 L'atelilme otOccurrerce O?ense I Charge InCIdent (Most Recent Cassr?rcatlonv 03/23/2020 03:11 DETAIL On 3/23/20 at approximately 0300 hours I responded to the area of 50 Child St. (CR 20-061272) for the report of a male wearing a white tank top and long johns that had run from the location in an unknown direction. Prude was previously at Strong Hospital earlier in the day for being suicidal. It was broadcasted by officers who spoke with Prudes brother that he was on PCP. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. A third call came in for a black male wearing blue pants and no shirt in the area of Jefferson Main St. I responded to the area and continued South down Jefferson Ave looking for the male. Prude was located by Ofc. Vaughn in the area of 435 Jefferson Ave. While Prude was handcuffed on the ground I instructed him to stay on the ground while waiting for AMR to respond. Prude made comments about wanting my gun, attempting to spit on me and then attempted to stand up. I used force to keep Prude on the ground while waiting for AMR, see SRR. While waiting for AMR to get the gurney off the rig, I observed Prude become unresponsive. AMR then began to treat him. AMR stopped chest compressions for a moment and rolled Prude over on his left side so I could remove the handcuffs and he could continue receiving treatment. LU 2 2 Report ng Of?cc' IBM Date Reviewed By TALADAY TROY 2794 03l24l2020 ZEN ELOVIC, FLAMUR m. ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Narre (Last. First. Middle) or Name of Business Lucatiun ulOlTense Beat 72? 435 Jefferson AVE 233 Datef?ime of Offense Charge Incident (Most Recent Cassi?icationv 03/23/2020 03:11 On 3/23/20 at approximately 0300, responded to the area of Jefferson Ave/ Main st for the call of a male running down the street bloody and no shirt. It was believed that it was in relation to a suspicious persons at 50 Child St and possibly the burglary at 767 Main St 20-061276). While checking the area I heard officers call out that they had the male at Jefferson and McCree. While pulling up to that location they called out that he was in custody. I parked my patrol vehicle and approached on foot. I observed the male on the ground with officers standing around him. At this time the male was completely naked and handcuffed behind his back. I requested AMR to respond to the location for the MHA. While waiting for the ambulance to arrive the male stayed on the ground but was continuously yelling. He was also sticking his hand between his butt checks and stating he had "shit" on his hands and he was going to eat it. He continued yelling various things towards officers and asked for their guns. At one point the male attempted to get up and officers moved in to ground stabilize him. The male was still yelling and AMR eventually arrived. AMR exited and officers believed the male may have stopped breathing. They rolled him onto his side and confirmed their observations. AMR then began lifesaving measures on the male. AMR then transported the male to Strong Memorial Hospital and I had no further contact with the male. I was later told that the male was Daniel Prude who was in fact the male from the original call at 50 Child St. NJ 2 Report ng Of?cer IBM Date Reviewed By MAGRI MICHAEL 1673 03l24l2020 ZENELOVIC, FLAMUR mum . I 1 2020-00061280 3 IR- Non-Criminal Incident 03/23/2020 03:11 03/23/2020 435 Jefferson AVE 03:11 03/23/2020 03:11 233 Yes RP Jonathan, Justin PK Prude, Joe 10/01/1975 M M W B N N (585)545-1040 (585)448-6262 Rochester, NY 50 Child ST Rochester, NY S Arrestee Prude, Daniel 50 Child ST Rochester, NY 5' 10 230 09/20/1978 41 Bald Medium Naked B N NEW Heavy Apparently Normal Not Applicable (non-crime) VAUGHN M MARK Patrol - Genesee 2333 CID 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 1 OF 3 2 2020-00061280 3 Seized Evidence BWC Video Video Recorded by IBM: xxxx 1 VAUGHN Item(s) MARK 2333 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-00061280 On 3/23/20 at approximately 0300 hours I responded to the area of 50 Child St. (CR 20-061272) for the report of a male wearing a white tank top and long johns that had run from the location in an unknown direction. Officers were informed by Prude's brother Joe Prude that he was on PCP. Prude was previously at Strong Hospital earlier in the day for being suicidal. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. Officers were then dispatched to the area of Jefferson Ave and W. Main St. for a black male in blue pants covered in blood. I immediately relocated to Jefferson Ave where I spoke with Justin Jonathan, a tow truck driver, who stated that he saw a black male running in front of cars, screaming to call the police, and saying that he had the Corona Virus. Jonathan stated that the male ran southbound on Jefferson Ave and was a few blocks down. I located Prude in the area of 435 Jefferson Ave when I observed him running in traffic and then grabbing items, throwing them into the street. I ordered Prude to the ground and took him into custody without incident. Officers stood by while waiting for AMR to arrive for an MHA. Prude told officers several times to give him their guns and eventually told Officer Taladay to give him his gun, while getting up in his direction. Officers used force to restrain Prude until the ambulance arrived on scene, see SRR. While waiting for AMR to pull the Gurney from the ambulance Prude became unresponsive and AMR .: immediately began treating him. AMR then transported Prude to Strong Hospital. Officer Harris followed the ambulance to Strong, see IAR. n: Technician Radell responded to the scene, see tech sheet. Officers were later able to locate the clothing that Prude discarded and obtained video footage of Prude breaking the window at 767 W. Main St. Non-Criminal Incident Report ng Of?ce' Date Reviewed By VAUGHN MARK 2333 03I24l2020 ZENELOVIC, FLAMUR Incident Report Page 3 OF 3 Major Crimes Unit  Genesee Section Burg/MHA Follow Up      435 Jefferson Ave  Date and Time:  CR#:      Victim:    Suspect(s):     Motive:     Status:     Sergeant:     Investigators:   Summary By:    03/23/2020    20‐061280       City of Rochester     Daniel Prude     MHA/Burglary   Open   Zenelovic   Benjamin/Houlihan   Zenelovic                On 03/23/20 Genesee Section Investigators responded to 50 Child Street for a suspicious. Officers spoke to Joe Prude who reported that his brother Daniel Prude was acting out and possibly using drugs. According to Joe Prude, Daniel was taken to the hospital under MHA during the evening hours on 03/22/20 but released and arrived at 50 Child Street around 2300 hrs. At approximately 0300 Daniel left the location on foot with no shoes, wearing a tank top shirt and pants. The overnight temperature was approximately 30 degrees. While officers were at 50 Child Street ECD broadcasted a call for a burglary alarm at 767 West Main Street. While investigating that call, ECD broadcasted the report of a man at Jefferson Ave @ West Main Street covered in blood and saying he has the corona virus. Gates tow truck driver Justin Johnathan was the 911 caller for that job. Officer Vaughn and Tallady located Daniel Prude near 435 Jefferson Ave. The male was naked when located in the middle of the street. He complied when officers ordered him to get on the ground. Officers handcuffed Prude without incident. Officers monitored Prude while they waited for AMR. Prude made several comments (heard on body camera) asking officers to take the handcuffs off and give him their gun. After several minutes the suspect put himself in a seated position and appeared to try and stand up. Officers Vaughn, Tallady and Frank Santiago use force to keep Prude on the ground. Each officer was wearing BWC and their actions were documented on video. As AMR EMS arrives officer’s notice that Prude had apparently stopped breathing. Paramedics Purick and Barnes administered first aid and transported Prude to Strong Memorial Hospital. Prude was admitted to the intensive care unit and remains there as of this report. His status was checked by Investigators Benjamin and Houlihan on 3/23/2020 at about 1000hrs and confirmed to be the same. Investigator Matt Hill deposed Joe Prude at some point and that deposition was sent to MCU. Preliminary draft reports include SRR’s from Vaughn, Tallady and Santiago were sent to MCU. 1    Major Crimes Unit Investigative Summary  CR#: 2020‐061280  Date/Time: 03‐23‐2020 @ 1511hrs  Location: 435 Jefferson Ave  _______________________________________________________________________    MCU Investigators spoke to Joe Prude after checking the status of Daniel Prude. Joe confirmed that on 03/22/20 Daniel traveled to Rochester by train from Chicago. At some point Daniel became disruptive on the train and was escorted off the train at the stop in Buffalo. Joe drove to Buffalo and picked Daniel up. Joe believes that Daniel has a significant drug problem and uses PCP. Investigators located and interviewed Justin Johnathan from Gates Tow, who stated in sum and substance that he saw the suspect walking around on W. Main Street and the suspect was wearing a white shirt, dark pants and no shoes. Johnathan observed the male had blood on his shirt and body. The male said that he had corona virus. Johnathan was concerned so he called 911. He did not observe officers stop or take Prude into custody and left the area. Investigators recanvassed the 400 block of Jefferson Ave. No additional witnesses were identified. Blue light video from West Main & Henion Street and Danforth and Child Street were reviewed and downloaded. Surveillance video was located and recovered from 422 Jefferson Ave, 781 West Main St, and 799 W. Main Street. The suspect is captured on video from 781 West Main Street covering his face with his shirt and using a cinder block to break the window of the business located at 767 W. Main St. The suspect then unlawfully enters the building. Investigators made contact with AMR Medic Julie Purick. She was on a day off but agreed to come to the PSB. She was working with Brett Barnes who was also off today and not due back to work until 03/25/20. Purick arrived and saw that Prude was naked, rambling and uncooperative with police and she surmised that he may be suffering from excited delirium. She told officers that she was going to administer some type of medication to calm the suspect. A short time later she was alerted to the fact that Prude was not breathing. Her partner began chest compressions and they loaded him into the ambulance. Purick noted that Prude was in cardiac arrest and over the course of the next approximately 18 minutes they worked to regain a pulse. Prude was intubated and while on the ambulance was given 2 doses of epinephrine and 1 dose of sodium bicarbonate. He was transported to Strong Memorial Hospital. Purick advised that she completed a standard AMR report and would provide us a copy. We have reviewed the available BWC footage and applicable reports. Several reports have been rejected for revisions. Investigators will continue to monitor the status of Prude. They have arranged to receive updates from security at Strong Memorial Hospital. Security has a very strict protocol in place regarding who can enter the hospital in an effort to protect visitors, including law enforcement from corona virus.               2    Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    435 Jefferson Ave.  Date and Time:  CR#:      Victim:    Suspect(s):     Motive:     Status:     Sergeant:     Investigators:   Summary By:    03/23/20     20‐061280       City of Rochester     Daniel Prude     MHA/Burglary   Open   Zenelovic   Benjamin/Houlihan   Zenelovic                On 03/23/20 Genesee Section Investigators responded to 50 Child Street for a suspicious condition/missing person. Officers spoke to Joe Prude who reported that his brother Daniel Prude was acting out and possibly using drugs. According to Joe Prude, Daniel was taken to the hospital under MHA on 03/22/20 approximately 1909 hrs. Joe Prude reported that Daniel was later released and was dropped off at 50 Child Street around 2300 hrs. At approximately 0300 Daniel left the location on foot with no shoes, wearing a tank top shirt and pants. The overnight temperature was approximately 30 degrees. While officers were at 50 Child Street, ECD broadcasted a call for a burglary alarm at 767 West Main St. While investigating that call, ECD broadcasted the report of a man at Jefferson Ave @ West Main St. covered in blood saying he has the corona virus. Gates tow truck driver Justin Johnathan was the 911 caller for that job. Officer Vaughn and Tallady located Daniel Prude near 435 Jefferson Ave. The male was naked when located in the middle of the street. He complied when officers ordered him to get on the ground. Officers handcuffed Prude without incident. Officers monitored Prude while they waited for AMR. Prude made several comments (heard on body camera) asking officers to take the handcuffs off and give him their gun. Prude was spitting and as a result of an active Corona virus pandemic impact our area officer applied a spit sock to his head. After several minutes, the suspect put himself in a seated position and appeared to try and stand up. Officers Vaughn, Tallady and Frank Santiago had to use minimal force to keep Prude on the ground. He was stabilized while officers waited for AMR. Each officer was wearing BWC and their actions were documented on video. A short time later officer’s notice that Prude had apparently stopped breathing. Paramedics Purick and Barnes administered first aid and transported Prude to Strong Memorial Hospital. Prude was admitted to the intensive care unit. Investigator Matt Hill deposed Joe Prude shortly after the incident and he was later re-interviewed by MCU. Joe confirmed that on 03/22/20 Daniel traveled to Rochester by train from Chicago. At some point Daniel became disruptive on the train and was escorted off by police at the stop in Buffalo. Daniel Prude had contact with three police officers from the Depew, Cheektowaga and Orchard Park Police departments including being escorted from the train. Joe drove to Buffalo and picked him up. Joe believes that Daniel has a significant drug problem and uses PCP. Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    Investigators located and interviewed Justin Johnathan from Gates Tow. Jonathan stated in sum and substance that he saw the suspect walking around on W. Main St. wearing a white shirt, dark pants and no shoes. Johnathan observed the male had blood on his shirt and body. The male was yelling he had corona virus and was talking in a nonsensical manner. Johnathan was concerned so he called 911. He did not observe officers stop or take Prude into custody and left the area. Investigators recanvassed the 400 block of Jefferson Ave. No additional witnesses were identified. Blue light video from West Main & Henion Street and Danforth and Child Street were reviewed and downloaded. Surveillance video was located and recovered from 422 Jefferson Ave, 781 West Main St, and 799 W. Main St. The suspect is captured on video from 781 West Main St. covering his face with his shirt and using a cinder block to break the window of the business located at 767 W. Main St. The suspect then unlawfully enters the building. MCU Investigators made contact with AMR Medic Julie Purick. She was working with Brett Barnes the day of this incident. When Purick arrived on Jefferson Ave she saw that Prude was naked, rambling and uncooperative with police. Due to his actions she surmised he may be suffering from excited delirium. She told officers that she was going to administer some type of medication to the suspect to try and calm him. A short time later she was alerted to the fact Prude was not breathing. Her partner began chest compressions and they loaded him into the ambulance. Purick noted that Prude was in cardiac arrest. Over the course of the next approximately 18 minutes they worked to regain a pulse. Prude was intubated and while on the ambulance was given 2 doses of epinephrine and 1 dose of sodium bicarbonate. A pulse was established and Prude was transported to URMC. Purick advised that she completed a standard AMR report and would provide us a copy. AMR Medic Barnes went on vacation following the incident and investigators will interview him upon his return. As of 4/14/20 this has not yet occurred. On 3/30/20 Prude died at the hospital. An autopsy was performed by Dr. Granger. Her official ruling states Prudes cause of death was classified as, the immediate cause being “complications of asphyxia in the setting of physical restraint”, due to Excited Delirium and Acute phencyclidine intoxication” (PCP). The manner of death was ruled a “homicide”. (Note: this is a medical ruling/definition of a homicide) The medical examiner’s office took custody of the hospital blood drawn from Prude on 03/23/20 directly from Strong Memorial Hospital. The blood was tested and found to contain enough PCP to attribute to the cause of death. As of 4/14/20 we have not received the complete autopsy report or the toxicology report. On 04/03/20 MCU became aware of a Facebook live video on the internet depicting a naked male running naked down Jefferson Ave. The male is believed to be Daniel Prude based on the location of the where the video was recorded being the same block where officers encountered him. It was determined that Mario Perez made the recording and posted it toe Facebook. On 04/11/20 Perez was interviewed by investigators. Perez authenticated the video and said he was driving down Jefferson Ave and saw the naked male running down Jefferson Ave. acting crazy and irrational. Prude can be seen running after Perez as he drove south on Jefferson Ave telling him to give him his car. MCU investigators will be interviewing the involved officers on this incident over a two day period 4/13-4/14.       Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________      Time Line of events for Daniel Prude:  03/22/20  08:35‐Depew NY Police Department responds to the AMTRAK train station at 55 Dick Rd regarding a passenger on the train  from Chicago who is refusing to listen to orders and smoking on the train.  09:01‐Depew Police make contact with Daniel Prude.  He is dispersed from the train without   incident. They attempted to  contact family in Rochester with no success.   11:24‐Cheektowaga NY Police Department investigates a 911 call regarding the theft of a cell phone from a vehicle.    12:06:13‐Officers make contact with Daniel Prude and recover the phone   12:21:07‐Officers transport Daniel Prude and drop him off at City Mission Harbor House  12:43‐Orchard Park NY Police Department received an attempt to locate call from Joe and Valerie Prude attempting to locate  him. They are advised he was dropped off at Harbor House. Prude is picked up in Buffalo area by his brother and brought to  Rochester  18:53‐RPD Officers respond to 50 Child Street regarding Daniel Prude smoked PCP and was tripping.  Reported he thought  people were out to get him and he wanted to die.  He was taken into custody for MHA and taken to Strong Hospital  23:00‐According to Joe Prude, Daniel was discharged from the hospital and arrives at 50 Child Street.     03/23/20  03:00‐Joe Prude Calls 911 to report his brother Daniel Prude was recently released from the hospital and is suicidal.  Daniel  was using unknown drugs at the house and left on foot only wearing long johns and a tank top shirt.  03:09‐911 Call reporting an alarm at 767 W. Main Street, Metro PCS.    03:11‐Officers arrive at 767 W. Main Street. Responding officers find broken glass and a brick inside of the location. (Video  evidence later confirms Daniel Prude committed the burglary).  03:11‐Gates Tow truck driver reports a male running down the street covered in blood saying he has corona virus.  Male is  described as wearing no shirt and blue pants.   03:16‐Officers locate Daniel Prude completely naked in the street at 435 Jefferson Ave. Prude is ordered to the ground and  handcuffed without incident.  03:18‐Daniel Prude is threatening that he wants officers to give him there gun.  He is spitting toward officers  03:19‐Officer apply a spit sock over Daniel Prudes head.  He continues to spit.  03:20:25‐Daniel Prude attempts to stand from seated position.  He is asking for the officer’s gun.  Prude is stabilized face down  on the pavement before he can stand.   03:21:00‐AMR ambulance arrives on scene.  Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    03:22:34‐Officers notice Prude has thrown up and is possibly not breathing.  03:23:48‐AMR medic starts medical treatment.  03:24:20‐AMR medic begins CPR.  03:24:34‐AMR medic notifies there dispatch they have a medical 500.   03:27:07‐Daniel Prude is placed in the Ambulance. Prude is then transported to Strong Memorial Hospital.   03:44:00‐According to AMR records, paramedics reestablished Prudes vital signs including blood pressure and pulse.    03/30/20  2219‐RPD advised that Daniel Prude died at approximately 2100 hrs.     Incident/Response Information Persons Involved P: Pat ent R: Report ng Person Patient Information Narrative Incident/Response Information Persons Involved P: Pat ent R: Report ng Person Patient Information Narrative Report ng Deputy/Off cer S gnature Superv sor S gnature Town of Orchard Park Police Department Complaint Information Complaint# 20-009120 Date Received: 03/22/2020 Source: Dispatch Code: 4517 Description: ATTEMPT TO LOCATE Call Type: Final Dispatch Code :4517 Description: ATTEMPT TO LOCATE Street: 4295 BUFFALO ST Tract: Street Code: Cross Street: Municipality:VOP Business: Call Back: Times: Received: 12:44:16 Dispatchedz12:45:01 Arrived:12:45:01 Completed: 1 2:45:01 Officers: Received By: Dispatcher: Report (follow up): Notified: Action Codes 1. 2. 3. 4. Associated Persons: SUB - PRUDE, DANIEL 03/22/20 12:43:56 131 Entry Initiated 03/2220 12:43:58 131 DEP PSD-DZIADOSZ (12:43:28): ATL Daniel Prude black male with a red suitcase a black suit case same was asked to leave a Amtrak train in Depew earlier this mornin family from Rochester area is looking for him Joe Valerie Prude same state that Daniel suffers from ADHD doesnt have much or any money on him no cellphone last seen at a bus stop near train station if located contact family or Depew pd 03/22/20 12:44:15 131 Sent to Dispatch - ATTEMPT TO LOCATE - 4295 BUFFALO ST VOP (VILLAGE ZONE) Pri: 3 03/2220 12:44:56 131 CHE POL-JCHAR (12:44:24): took him to harbor house 03/22/20 12:45:01 131 Archived Printed Date: 3/24/2020 2:34:02 PM Page 1 TAB 2 City Records Access From: Sent: To: Cc: Subject: Morabito II, Joseph M. Monday, March 23, 2020 11:51 AM Singletary, La'Ron D.; Simmons,Mark L.; Rivera, Fabian; Favor Jr., Henry C.; Correia, Elena A.; Mura, Mark S. Swetman, Steven D. FW: Jefferson Ave incident FYI From: Umbrino, Frank   Sent: Monday, March 23, 2020 7:27 AM  To: Morabito II, Joseph M. ; Favor Jr., Henry C.  ; Jones, Michael P.   Subject: Jefferson Ave incident    Vic  ‐ Daniel Prude 9‐20‐78  /  CR#20‐061280    Victim was shipped to Rochester via bus yesterday from Chicago by his family because he was using PCP.  He got kicked  off the bus in Buffalo and the family picked him up there around noon yesterday.  At 1628 hrs yesterday he was mha’s  because he was acting crazy wigging out.  That time is according to the family.  Hospital says it was around 1900 so we  don’t know who is right…..He was dropped off by Medicab around 2100 hrs after being released from the MHA and  dropped off on Child St.  At about 0300 hrs. victims brother called 911 because he took off from the house.  While Off.  Specksgoor was at Child St, a call came in form glass break alarm at 767 W. Main St the phone store.  There was a  cinderblock thrown thru the window.  As officers were on scene for that, Vaughn was flagged down by a tow truck driver  there was a guy running naked down Jefferson Ave.  Sure enough they found the victim completely naked in the street.  He was ordered to the ground and complied without resistance or force and was handcuffed.  While sitting up he began  spitting and a spit sock was applied from the rear, again with no force used.  After a brief period of time he began to try  and get up.  Vaughn applied the Segment technique to the victims head, Talliday had his knee on the victims lower back  and Santiago held his feet. Note the knee on the back did not look like much and most of the time he was actually  squatting holding the victims arms in an arm bar.  Victim continued to yell stuff that made no sense.  He vomits and  eventually stops moving.  The officers recognize this, don’t feel a pulse and roll him over.  AMR was on scene  already.  AMR began CPR and called it a 500.  Victim was ultimately revived.  He is currently in critical condition, but  death is not imminent at this time.  They do not know how much brain damage from the lack of oxygen.      PSI deposed the brother on child St.  The video at the phone store is only interior.  Techs will be going back in the am to  grab other video in the plaza.          Santiago and Vaughns BWC is in the Chiefs drive.  Perkowski will put the others in their later this afternoon.  Santiagos  gives a good view of everything.  Vaughn, Talliday and Santiago were the only ones hands on.  Others present were  Magri, Speksgoor, Ricotta and Harris.       The only ones at the scene from MCU were Perkowski and I.  We went because the vic was thought to be dead and were  called as we were about to leave St. Paul St. homicide.    Section has the lead and is collecting the paperwork.     Cpt. Frank Umbrino  Central Investigations Sections  City of Rochester Police Department  Office:  (585) 428‐7616  1 Email: City Records Access From: Sent: To: Subject: Umbrino, Frank Monday, March 23, 2020 7:27 AM Morabito II, Joseph M.; FavorJr., Henry C.; Jones, Michael P. Jefferson Ave incident Vic  ‐ Daniel Prude 9‐20‐78  /  CR#20‐061280    Victim was shipped to Rochester via bus yesterday from Chicago by his family because he was using PCP.  He got kicked  off the bus in Buffalo and the family picked him up there around noon yesterday.  At 1628 hrs yesterday he was mha’s  because he was acting crazy wigging out.  That time is according to the family.  Hospital says it was around 1900 so we  don’t know who is right…..He was dropped off by Medicab around 2100 hrs after being released from the MHA and  dropped off on Child St.  At about 0300 hrs. victims brother called 911 because he took off from the house.  While Off.  Specksgoor was at Child St, a call came in form glass break alarm at 767 W. Main St the phone store.  There was a  cinderblock thrown thru the window.  As officers were on scene for that, Vaughn was flagged down by a tow truck driver  there was a guy running naked down Jefferson Ave.  Sure enough they found the victim completely naked in the street.  He was ordered to the ground and complied without resistance or force and was handcuffed.  While sitting up he began  spitting and a spit sock was applied from the rear, again with no force used.  After a brief period of time he began to try  and get up.  Vaughn applied the Segment technique to the victims head, Talliday had his knee on the victims lower back  and Santiago held his feet. Note the knee on the back did not look like much and most of the time he was actually  squatting holding the victims arms in an arm bar.  Victim continued to yell stuff that made no sense.  He vomits and  eventually stops moving.  The officers recognize this, don’t feel a pulse and roll him over.  AMR was on scene  already.  AMR began CPR and called it a 500.  Victim was ultimately revived.  He is currently in critical condition, but  death is not imminent at this time.  They do not know how much brain damage from the lack of oxygen.      PSI deposed the brother on child St.  The video at the phone store is only interior.  Techs will be going back in the am to  grab other video in the plaza.          Santiago and Vaughns BWC is in the Chiefs drive.  Perkowski will put the others in their later this afternoon.  Santiagos  gives a good view of everything.  Vaughn, Talliday and Santiago were the only ones hands on.  Others present were  Magri, Speksgoor, Ricotta and Harris.       The only ones at the scene from MCU were Perkowski and I.  We went because the vic was thought to be dead and were  called as we were about to leave St. Paul St. homicide.    Section has the lead and is collecting the paperwork.     Cpt. Frank Umbrino  Central Investigations Sections  City of Rochester Police Department  Office:  (585) 428‐7616    Email:  Frank.Umbrino@cityofrochester.gov       1 City Records Access From: Sent: To: Cc: Subject: Morabito II, Joseph M. Monday, March 23, 2020 12:00 PM Singletary, La'Ron D.; Simmons,Mark L.; Mura, Mark S.; Favor Jr., Henry C.; Correia, Elena A. Swetman, Steven D. FW: Serious Incident Additional information From: Tordai, Laszlo   Sent: Monday, March 23, 2020 7:16 AM  To: Morabito II, Joseph M. ; Rivera, Fabian    Subject: Serious Incident     CR 20‐061280  435 Jefferson Av (233) 0314 hrs  MHA 9.41  S‐Prude, Daniel    RP‐Prude, Joe    PK‐Justin, Jonathan      Officers Involved: Mark Vaughn, Troy Taladay, Francisco Santiago, Sgt. Michael Magri    On 3/23/20, at about 0301 hrs, Genesee Section officers responded to 50 Child St for a missing person report. RP, the  suspect’s brother, told officers that his brother  ran out the door with wearing long johns and a tank top. He also told  officers that earlier during the evening S, who just arrived from Chicago, took some PCP. As a result, he became suicidal  and make statements that he wanted to die and he wished someone would just kill him. He was MHA’d on 3/22 about  1900 hrs. He was released a few hours later and returned to 50 Child St. As RP was talking with officers, a call for a glass  break alarm was dispatched for 767 W. Main, with S being most likely the culprit At this time, a tow truck driver  employed by Gates Towing saw S running southbound on Jefferson Av from W. Main St, wearing only blue pants.    S was also seen attempting to enter a parked van and acting irrational. Officers Vaughn, Taladay, and K‐9 officer  Santiago responded to the area and encountered S in the area of 435 Jefferson Av. S who was naked, was bleeding from  his arms and legs, most likely from breaking the glass at 767 W. Main St. S complied with the officers’ orders and was  handcuffed. After being handcuffed and while lying on the ground, S became resistive by means of moving around  uncontrollably and stating that he wanted to die and asked the officers to shoot him. Officers performed ground  stabilization techniques and segmenting. S threw up and then became unresponsive. AMR was on scene and observed  some of the SRR. S was revived about 15‐20 min later while still on scene and was transported to SMH where he is listed  in critical condition and possibly has brain damage. His long term prognosis is not good.    Sgt. Weigel from PSI and Capt. Umbrino and Lt. Perkowski, who just left a homicide scene, responded. The involved  officers were paired up with supervisors and brought to the 4th floor. Their BWCs were downloaded. RP was deposed  and PSI spoke via phone to PK regarding his observations. A technician was sent to the hospital, the scene and 767 W.  Main St. After the suspect’s condition was stabilized, the involved officers were released without interviews and the  scene was “released.” Officers are completing all paperwork. As of this writing, the responding AMR staff have been  identified, but not deposed. Currently working on locating them and deposing them as well as the tow truck driver.   1 TAB 3 City Records Access From: Sent: To: Subject: Attachments: Kavanaugh, Hoang M. Monday, March 23, 2020 2:40 PM Swetman, Steven D. Mr. Prude IDC -Preliminary Review - Mr. Prude.doc attached Sergeant Hoang “Chris” Kavanaugh  Rochester Police Department  Professional Standards Section  846 S. Clinton Avenue  Rochester, N.Y. 14620  (585) 428‐8817  Hoang.Kavanaugh@cityofrochester.gov      Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended recipient(s) and  contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended  recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the  sender immediately by reply email and destroy all copies of the original message, including attachments.   1 City Records Access From: Sent: To: Subject: Attachments: Swetman, Steven D. Monday, March 23, 2020 4:05 PM Singletary, La'Ron D. Mr. Prude preliminary review IDC Attachments.html; Job Card_20-061280.pdf; IDC -Preliminary Review - Mr. Prude from Swetman to Chief.doc Chief, please see the attached IDC and JOB card along with the other reports that you received earlier today if you need  to reference them for anything.  Please advise if you want to this to be an internal at this time or if we are waiting for an  update on his status.     I have placed all BWC files in the RPD‐A Staff folder labeled Mr. Prude 435 Jefferson Ave BWC FILES    Thanks    Lieutenant Steven Swetman  Rochester Police Department  Professional Standards Section  (585)‐428‐8266        From: Perkowski, Michael E.    Sent: Monday, March 23, 2020 1:30 PM  To: Swetman, Steven D.   Subject: FW: Reports from Jefferson    Steve, Here is everything that I received from the Section. I do not have any other video other than BWC. We got a bit of a late start on this, so we are still out looking fro video. Hope all is well, Mike From: Perkowski, Michael E.   Sent: Monday, March 23, 2020 10:30 AM  To: Zenelovic, Flamur   Subject: Reports from Jefferson      1 City of Rochester ShareFiIe Attachments Expires April 22, 2020 20-061280 Critical Incident Form.pdf 2.5 MB 20-061280 Depositions.pdf 1.1 MB 20-061280 SRR.pdf 289.7 KB CM 4th Incident Report .pdf 151.3 KB IAR Narrative Only 3 .pdf 30.4 KB IAR Narrative Only .pdf 29.2 KB IAR Narrative Only 2 .pdf 29.6 KB MHA.pdf 29.3 KB Non Criminal Incident Report.pdf 151.5 KB Download Attachments Files are sent and received securely. Files sent with ShareFile will be available for up to 31 days from the time they are sent. Lieutenant Michael Perkowski Rochester Police Department Central Investigations Section Major Crimes Unit 585-428-8831 Preliminary Review 435 Jefferson Avenue CITY OF ROCHESTER INTER-DEPARTMENTAL CORRESPONDENCE TO: Chief La’Ron D. Singletary, Chief of Police FROM: Lt. Steven Swetman, Commanding Officer, PSS DATE: March 23, 2020 SUBJECT: Preliminary Review of 435 Jefferson Ave – Daniel Prude On March 23, 2020, the Professional Standards Section (PSS) conducted an initial review of an incident, Cr #20-061280, that began on March 23, 2020, at approximately 03:16:07 hours, at 435 Jefferson Avenue. The incident involved a male identified as Mr. Daniel Prude, and the circumstances surrounding his contact with members of the Rochester Police Department (RPD). The Emergency Communications Department (ECD) printout for the incident indicates the following:        At 0311 hours – ECD receives a call from Mr. Justin Jonathan, a tow truck driver, indicating that at Jefferson Ave and W. Main St. there is a naked male (Prude) with blood all over him (Prude) telling the complainant (Jonathan) that he (Prude) has corona virus. Additionally information indicates that the male (Prude) is described as being in his 40’s and is now headed southbound on Jefferson Ave. At 0314 hours – Several patrol units are dispatched and responding to the area. Additionally, the ECD printout indicates that EMS has staged. At 0317 hours – Officer Mark Vaughn requests an ambulance to Jefferson Ave and Cady St. At 0319 hours – Officer Andrew Specksgoor indicates that they have one in custody for MHA. At 0325 hours – ECD is notified of a Medical 500 situation. At 0327 hours – The ECD printout indicates the initiation of a larger response to the area by Lieutenant Laszlo Tordai, Lieutenant Gregory Bello and several patrol units. The ECD printout further indicates that the remainder of information supports action consistent with further scene management and investigation. The police reports obtained relative to this incident indicate that Mr. Prude had arrived to Rochester from Chicago. The reports indicate that Mr. Prude is a PCP user and was kicked off the bus from Chicago to Rochester requiring his family to travel to Buffalo to pick him up. The reports further indicate that during the late afternoon to early evening hours of March 22, 2020, Mr. Prude was MHA’d, but returned to his family residence on Child St. at approximately 2100 hours. It appears that at 0300 hours on March 23, 2020, Mr. Prude ran from the Child St. address, made his way to a phone store at 767 W. Main St. and possibly threw a cinder block through the store window before being spotted by a tow truck operator. The police reports and video further indicate that upon encountering Mr. Prude, no force was utilized to place him in custody or to place a spit sock over his head. The police reports Page 1 of 3 Preliminary Review 435 Jefferson Avenue support that force, in the form of stabilization and segmenting, was utilized only after Mr. Prude attempted to get up from his seated position on the street. Additionally, the police reports support that at some point during the stabilization, Mr. Prude stopped breathing and had to be treated by the ambulance crew. As part of the preliminary review, Body Worn Camera (BWC) footage of Officer Mark Vaughn, Officer Troy Taladay, Officer Andrew Specksgoor, Officer Francisco Santiago, Officer Josiah Harris and Sergeant Michael Magri was reviewed. Upon review of the BWC footage, the following observations were made:           Officer Vaughn was the first to encounter Mr. Prude, who was naked and bleeding while in the middle of the street. Officer Vaughn did not utilize any force to handcuff Mr. Prude, who was initially compliant to verbal orders. Mr. Prude acted in a fashion consistent with an individual in some form of mental destress and/or under the influence of some mind altering drug. Mr. Prude was yelling and speaking irrationally as he sat and laid on the street and talking about wanting the officers guns and going to kill people. A spit sock is placed on Mr. Prude, without force, after he began spitting as he sat on the street. Despite orders by officers to stay down, Mr. Prude did attempt to get up. At that time Officers Vaughn, Taladay and Santiago utilized level two techniques (non-impact force) to keep Mr. Prude from standing. The force utilized appears to be minor in nature without the use of any strikes. o Officer Vaughn appears to utilize a segmenting technique to the head area initially and eventually appears to ease pressure to the area. A hypoglossal pressure point was also documented on the use of force report. o Officer Taladay appears to utilize ground stabilization in the beginning but eventually transitions to a knee on top and maintains arm control of Mr. Prude. o Officer Santiago appears to stabilize Mr. Prude’s legs. Approximately two and a half minutes into the stabilization of Mr. Prude, Officer Vaughn notices that Mr. Prude is vomiting then eventually appears to stop breathing. Officers quickly realized Mr. Prude may not be breathing and began to assess him and turned him on his side as they checked for any vitals and sought medical attention. The ambulance crew is notified which is already on scene. The ambulance crew immediately begins treating Mr. Prude, who is transported to the hospital for further treatment. At the time of the incident, according to timeanddate.com, the weather was approximately 33 degrees Fahrenheit with a light snow. Major crimes did facilitate in collecting reports from the section officers. Upon review of the SRR’s from those involved all force used appears to be documented and consistent with the video. Page 2 of 3 Preliminary Review 435 Jefferson Avenue ECD audio has been requested for this job but has not been reviewed at this time. Major Crimes is still actively working the case. The critical incident worksheet, depositions, SRR’s, CM4th report, IAR’s , MHA form and noncriminal incident report have been reviewed at our office and appear to be consistent with what the video shows. It is documented on the MHA form that Mr. Prude has attempted suicide in the past, abuses PCP, stated he wanted to kill himself and threw himself head first down stairs earlier in the day (3-22-20) and was MHA’d for this. During review of the video the ambulance worker states that he may have had excited delirium if he had been using PCP. Upon review of the current information available relative to this incident, there is no evidence to suggest any excessive force, or misconduct on the part of the involved officers. The male was in the prone position for at least two minutes and did continue to speak and make noises and ask for a gun. Officer Vaughn did document that he was monitoring the male during this time. The evidence, on its face, supports that the involved officers acted appropriately to keep Mr. Prude from standing up and continuing to spit at officers. Page 3 of 3 Preliminary Review 435 Jefferson Avenue CITY OF ROCHESTER INTER-DEPARTMENTAL CORRESPONDENCE TO: Lt. Steven Swetman, Commanding Officer, PSS FROM: Sergeant Hoang Kavanaugh, Professional Standards Section DATE: March 23, 2020 SUBJECT: Preliminary Review of 435 Jefferson Ave – Daniel Prude On March 23, 2020, the Professional Standards Section (PSS) conducted an initial review of an incident, Cr #20-061280, that occurred on March 23, 2020, at 0314 hours, at 435 Jefferson Avenue. The incident involved a male identified as Mr. Daniel Prude, and the circumstances surrounding his contact with members of the Rochester Police Department (RPD). The Emergency Communications Department (ECD) printout for the incident indicates the following:        At 0311 hours – ECD receives a call from Mr. Justin Jonathan, a tow truck driver, indicating that at Jefferson Ave and W. Main St. there is a naked male (Prude) with blood all over him (Prude) telling the complainant (Jonathan) that he (Prude) has corona virus. Additionally information indicates that the male (Prude) is described as being in his 40’s and is now headed southbound on Jefferson Ave. At 0314 hours – Several patrol units are dispatched and responding to the area. Additionally, the ECD printout indicates that EMS has staged. At 0317 hours – Officer Mark Vaughn requests an ambulance to Jefferson Ave and Cady St. At 0319 hours – Officer Andrew Specksgoor indicates that they have one in custody for MHA. At 0325 hours – ECD is notified of a Medical 500 situation. At 0327 hours – The ECD printout indicates the initiation of a larger response to the area by Lieutenant Laszlo Tordai, Lieutenant Gregory Bello and several patrol units. The ECD printout further indicates that the remainder of information supports action consistent with further scene management and investigation. The police reports obtained relative to this incident indicate that Mr. Prude had arrived to Rochester from Chicago. The reports indicate that Mr. Prude is a PCP user and was kicked off the bus from Chicago to Rochester requiring his family to travel to Buffalo to pick him up. The reports further indicate that during the late afternoon to early evening hours of March 22, 2020, Mr. Prude was MHA’d, but returned to his family residence on Child St. at approximately 2100 hours. It appears that at 0300 hours on March 23, 2020, Mr. Prude ran from the Child St. address, made his way to a phone store at 767 W. Main St. and threw a cinder block through store window before being spotted by a tow truck operator. The police reports further indicate that upon encountering Mr. Prude no force was utilized to place him in custody or place a spit sock over his head. The police reports support that force, Page 1 of 2 Preliminary Review 435 Jefferson Avenue in the form of stabilization and segmenting, was utilized only after Mr. Prude attempted to get up from his seated position on the street. Additionally, the police reports support that at some point during the stabilization, Mr. Prude stopped breathing and had to be treated by the ambulance crew. As part of the preliminary review, I reviewed the Body Worn Camera (BWC) footage of Officer Mark Vaughn, Officer Troy Taladay, Officer Andrew Specksgoor, Officer Francisco Santiago, Officer Josiah Harris and Sergeant Michael Magri. Upon review of the BWC footage I made the following observations:         Officer Vaughn was the first to encounter Mr. Prude, who was naked and bleeding while in the middle of the street. Officer Vaughn did not utilize any force to handcuff Mr. Prude, who was initially compliant to verbal orders. Mr. Prude acted in fashion consistent with an individual in some form of mental destress and/or under the influence of some mind altering drug. Mr. Prude was yelling and speaking irrationally as he sat and laid on the street. A spit sock is placed on Mr. Prude, without force, after he began spitting as he sat on the street. Despite orders by officers to stay down, Mr. Prude did attempt to get up. At that time Officers Vaughn, Taladay and Santiago utilized force to keep Mr. Prude from standing. The force utilized appears to be minor in nature without the use of strikes. o Officer Vaughn appears to utilize a segmenting technique to the head area initially and eventually appears to ease pressure to the area. o Officer Taladay appears to utilize ground stabilizing in the beginning but eventually transitions to an arm bar. o Officer Santiago appears to stabilize Mr. Prude’s legs. Approximately three minutes into the stabilization of Mr. Prude, Officer Vaughn notices that Mr. Prude is vomiting then appears to stop breathing. Officer Vaughn immediately notifies the ambulance crew, which is already on scene. The ambulance crew immediately begins treating Mr. Prude, who is transported to the hospital for further treatment. Upon review of the information available relative to this incident, there is no evidence to suggest any misconduct and/or misjudgment on the part of the involved officers. The evidence, on its face, supports that the involved officers acted appropriately and that said actions alone did not cause the secession of breathing on the part of Mr. Prude. Page 2 of 2 HIDLULX 200830313 Case Numbers: Received 03/23/20 03:08:40 BY 8282 Entered 03/23/20 03:11:31 BY 8282 Dispatched 03/23/20 03:14:14 BY PD13 8294 Enroute 03/23/20 03:14:14 Onscene 03/23/20 03:15:50 Closed 03/23/20 09:40:28 Initial Type: MED Final Type: 1078A (MENTAL (2 UNITS) Initial Priority: 1P Final Priority: Disposition: 27 78 Source: 6 Primary Unit: 223A Police BLK: RP213E Fire BLK: RFD539 EMS BLK: 048002 Group: RP3 Beat: 213 Wrecker Zone: 1200 Map Page: 1200 Node: LOC: JEFFERSON MAIN ST (V) . Loc Info: Phonel: CELL Name: JUSTIN JONATHAN Addr: SAXTON ST PhoneZ: 5855451040 Wireless Latitude: +043.151291 Longitude: e077.629097 Confidence: 090 /0311 COPY IN PROGRESS /0311 SMISC PROQA DETAILS TO FOLLOW Caller Statement: at 10c w/ blood all over him telling compl that he has corona virus 0t Wearing Clothes? activ SPROQA 40?year?old, Male, Conscious, Breathing. /03ll NAM: JUSTIN JONATHAN, TXT: CLR IS GATES TOWING - SAID IS HEADED OUTH DOWN JEFFERSON /0311 He is not violent. He does not have a weapon. he patient is gone: south on jefferson It's not known if this is an attempted suicide. /0309? (8282 SUPP TXT: BALD HEADED NO SHIRT - DOES HAVE BLU PA NTS ON - IS STILL ON JEFFERSON IN THE MIDDLE OF THE RD CAR STOPPED TO TALK TO HIM - CLR SAID DOES NOT NEED TO BE SEEN /0309? REBID LAT: +043.151291 LONG: ?077.629097 CONF: 090 /0313 (8294 MISC BC /0313 MISC /0314 (8160 SUPP . TXT: EMS IS STAGED /0314 (8294 DISPER 253A #812333 VAUGHN, MARK /0314 253A /0314 ASSTER 203A #812534 RICOTTA, PAUL /0315 MISC 253A TOW TRUCK DRIVER WAS RUNNING /0315 ASSTER 213A #812792 SPECKSGOOR, ANDREW /0315 (8068 203A /0315 (8294 ASSTOS 233A #812279 HARRIS, JOSIAH MISC 233A ON REYNOLDS /03l6 NEWLOC 233A /0317 ASSTOS 123A #811673 MAGRI, MICHAEL (SGT) /0318 SUPP TXT: PER 253A REQ RIG AT /0319 ASSTOS 223A #812794 TALADAY, TROY /0319 (812792) 213A ,1 UNDER MHA /0320 (8294 /0320 DUP /0320 /0322 /0325 /0325 /0325 /0325 /0327 /0328 /0328 /0332 /0332 /0338 /0338 /0338 /0338 /0339 /0340 /0340 /0341 /0342 /0342 /0346 /0347 /0347' /0348 /0349 /0349 /0354 /0355 /0356 /0358 /0408 /0426 /0426 /0430 /0431 /0434 (8229 (8068 (8073 (811479) (812634) (812725) (8073 (8218 (812279) (812534) (8073 (8218 (812279) (812333) (8068 (8073 (811950) (811540) (812328) (811910) (812792) (8294 (812792) (812328) (7598 (812328) (8294 (811910) (811540) (8294 DUP SPREMPT SUPP CROSS ASSTER ONSCNE ASSTER ASSTER ASSTER ASSTER ASSTOS CHGLOC CHGLOC ASSTER ASSTER CHGLOC SPREMPT CHGLOC ASSTOS ASST ASSTOS NEWLOC 233A K911A 123A 211A 229A 410A 410A 229A 211A 233A 203A 117A 233A 203A 253A 233A 121A 131A 117A 233A 253A 203A 213A 117A 121A 131A 145A 213A 307D 213A 131A 287A 131A 337D 334D 145A 121A 223A NAM: JOE CRUZ ADR: 28 SAXTON ST PHO: CELL TXT: AMB HAS MED500 #811723 SANTIAGO, FRANCISCO 2 MORE CARS #812725 ALGARIN, JAVIER #812726 RIVERA, GABRIEL #812634 JACKSON, AUDREY #811479 TORDAI, LASZLO (LT) #812279 HARRIS, JOSIAH #812534 RICOTTA, PAUL #811950 BELLO, GREGORY #811540 #812328 RATHFELDER, ERIC (SGT CIT (SGT) [428 JEFFERSON [50 #811910 ROMIG, RYAN [50 CHILD #811607 WEIGEL, ERIC (CIT) (SGT) [1000 SOUTH #812623 BREEN, JAMES #811831 GOTHAM, BRANDON (INVS) #810924 HILL, MATTHEW 4TH 4TH (INV) /0452 /0457 /0457 /0457 /0502 /0503 0/0503 /0503 /0504 /0505 /0505 /0511 /0537 /0542 /0542 /0543 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0544 /0546 /0550 /0550 /0550 /0552 /0556 /0556 /0557 /0600 /0600 /0600 /O60l /0604 /0604 /0605 /0606 /0614 /0615 /0616 (8066 (8294 (8066 (812710) (8294 (812665) (812328) (812634) (811910) (8294 (812792) (7598 (812792) (812416) (811540) (812416) (812792) (812634) (812328) (812792) (7598 (812333) (811673) (811723) (812333) (812792) (7598 (811950) (811723) (7598 MISC ASSTER ASSTER MISC ASST PREMPT MISC ASSTER MISC OK 211A 410A 231A 221A 410A SUPV SUPV SUPV 231A 410A 221A 131A 229A 145A 243A 213A 121A 131A 211A 221A 231A 123A 213A 223A 233A 243A 253A 117A 287A K911A 229A 307D 334D 337D 410A 213A 243A 121A 243A 213A 229A 131A 213A 123A 253A 253A 123A K911A 253A 213A 211A 117A K911A 231A 243A ,2 CARS TO THE COMMAND POST #812710 BRONGO, MARK (CIT) #812665 BIELAT, HUNTER RTS THAT JEFF BTWN MCREE AND CADY IS SHUT DOWN #812416 MIELKE, SCOTT [767 UP JEFFERSON DSP: 5 78 /0618 /0618 /0631 /0637 /0638 /0650 /0650 /0650 /0650 /0650 /0650 /0702 /0702 /0710 /0730 /0733 /0752 /0753 /0754 /0754 /0754 /0810 /0822 /0846 /0859 /0940 /0940 (812623) (812665) (8066 (812279) (7598 (8280 (811827) (7564 (811827) (8287 (8015 (811605) CLEAR CLEAR CLEAR CROSS CLEAR CLEAR CLEAR CLEAR CLEAR CLEAR CLOSE REOPEN DISPER ASST CONTCT ASSTOS NEWLOC ONSCNE SCROSS MISC CLEAR SPREMPT CLOSE 307D 334D 337D 287A 221A 253A 223A 233A 243A K911A 410A 223A 233A 233A P43B 233A P43B P63B P633 P63B P43B P43B 233A P43B P63B 223A DSP: 27 78 DSP: 27 27 78 253A MORE INFORMATION #812279 HARRIS, JOSIAH SAMUEL #811827 FRYE, THOMAS (CIT) Contact Timer Canceled #811605 SERINIS, TED MAIN ST ,767 MAIN TOP FOUND ON SIDEWALK DSP: 4 TAB 4 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-00061280 we a IR- Non-Criminal Incident 03/23/2020 03:11 03123I2020 03:11 03I23I2020 03:11 2 Address Beat Code Jefferon AVE 233 - Assault Circumstances Description - Assault Circumstances Related 01 Premises MI I a we . Individual-I C- Prude. Daniel Zip Rochester ype reatment Not Injured None Not Treated - Reporting Person - Witness PK Person lenowledge NI - Not Interviewed Name (LasL elephone No Justin Joe Jewelry. Distinguishing FeatuIes SUSPECT I IISSING PER 01. Witness to the offense? 05. Can a suspect be described? 09. Is there signi?cant Modus Operandi present? 02. Surveillance footage of event? 06. Can a suspect be identi?ed? 10. Is there signi?cant physical evidence present? 3; 03 Can a suspect be named? 07. Can a suspect vehicle be identi?ed? 11. Has evidence tech work been perfomed? 04 Can a suspect be located? 08. Is stolen property traceable? 12. Preliminary investigation NOT completed? Status Not ble non-crime Patrol - Genesee Genesee 1st INVESTIGATION ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-00061280' Name. 008. Relationship.alv .-. .o - ?t - Reporting Pomon - PK - Person lerrowledgo NI - Not Interviewed ~vo'cuvu . .. I as! .a one coco. 5 en Jewelry. Diuhguishing Features . .- . 1 1 . we Selzed Evi BWC Video 0! Measure 1 5 Number Video Recorded Status 03/23/2020 Incident Report Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-0006128!) Page 3 of 3 On 3/23/20 at approximately 0300 hours I responded to the area of 50 Child St. (CR 20-061272) for the report of a male wearing a white tank top and long johns that had run from the location in an unknown direction. Prude was previously at Strong Hospital earlier in the day for being suicidal. Officers were informed by Prude's brother Joe Prude that he was on PCP. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. Officers were then dispatched to the area of Jefferson Ave and W. Main St. for a black male in blue pants covered in blood. I immediately relocated to Jefferson Ave where I spoke with Justin Jonathan, a tow truck driver, who stated that he saw a black male running in front of cars, screaming to call the police, and saying that he had the Corona Virus. Jonathan stated that the male ran southbound on Jefferson Ave and was a few blocks down. I located Prude in the area of 435 Jefferson Ave when I observed him running in traffic and then grabbing items, throwing them into the street. I ordered Prude to the ground and took him into custody without incident. Officers stood by while waiting for AMR to arrive for an MHA. Prude told officers several times to give him their guns and eventually told Officer Taladay to give him his gun, while getting up in his direction. Of?cers used force to restrain Prude until the ambulance arrived on scene, see SRR. While waiting for AMR to pull the Gurney from the ambulance Prude became unresponsive and AMR immediately began treating him. AMR then transported Prude to Strong Hospital. Officer Harris followed the ambulance to Strong, see IAR. NARRATIVE Technician Radell responded to the scene, see tech sheet. Non-Criminal Incident Reporting Olicer IBM it Date Reviewed By VAUGHN MARK 333 03/23/2020 Incident Report Page 3 OF 3 ROCHESTER POLICE DEPARTMENT m- 1 a 3 INCIDENT REPORT Date From 0 15. Criminal 03I23I2020 03:10 0312312020 03:10 03I2312020 03:10 67 MAIN ST 213 - Criminal Mischief 4th: Intent To Damage Property Other Retail Store-40 No Bias-Not icabIe-77 Business-B METRO PCS 676 MAIN ST Rochester NY Injury Business - NA Business - NA Business - NA - Reporting Person VI 2 Witneu PK - Person wiKnowledge NI - Not Interviewed A Unknown 2020-00061280 Rochester NY Jewelry. Dish-wishing Feaures Apparently Normal SUSPECT I MISSING 01. Witness to the offense? 05. Can a suspect be deserted? . Is there signi?cant Modus Operandi present? 02 Surveilance lootage of event? 06. Can a suspect be identi?ed? 10. Is there signi?cant physical evidence present? 03. Can a suspect be named? 07. Can a suspect vehicle be identi?ed? 11. Has evidence tech work been pedomed? 04. Can a suspect be located? 08. is stolen property traceable? 12. Preliminary investigation NOT cormleted? Clearance Field Patrol - Genesee Genesee 1st ROCHESTER POLICE DEPARTMENT INCIDENT REPORT . . . Statute - Attempthornrnit - Counts - Description - Location Weapon _l 7W9 lavated Assam Circumstances Gang Related Computer B. . las Type of Premises Entered . (Last, First, Mdde) Address IDate of Birth Age Sex Race 'Ettrriciy rResidence Status I . 5 City. State. Zip lctinIt-Jlfender Relationship (orienoer Name. 008, Relationship) 5 Telephone Level of injury Type of Injury Medical Treatment - Reporting Person - Witness PK - Person wIKnowledge Nl - Not Interviewed 2 ype Name (Last. First, Middle) DOB Sex Race Eth We? Telephone No. 0 U) Ill 0. Type - Suspect Name (Last. First. Middle) ?lam 5! Address Ode elm Me Sex Race lEtlrnicity I JCR ii Height Weight Hair Color Hair Length lay. Color Glasses Complexion ? ?uid Facial He?s Gang Allillstion Clothing. Jewelry. Distinguishing Features 0mm" Tm? Property Code I . I . Propeny ype . i U. Property Value I Seized Evidence BWC Video ?Item Type and Description Color Video Recorded by IBM: 2534 Quanity Unit of Measure Measurement Source TOrug Type Item(s) Property Code Fropetty Type ?Property Value Send Number PROPERTY Damaged Vandalized Other Property $200 Illem Type and Description Color BROKEN PLATE GLASS WINDOW Quanity Unit at Measure Measurement Source Drug Type 1 ltem(s) Firearm Property Codie Firearm Value [Elie [Wool Caliber Capacity Action Serial Number PROPERTY Description Recovery Date Vehicle Status Year [Make [Model style Color 0 State Plate Number VIN Recovery Date Additiond Description Date ReviewedBy 03/23/2020 incident Renort Pace 9 OF 3 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020430081280 ON 3/23/20, AT ABOUT 0310 HOURS, I RESPONDED TO 767 MAIN ST. (METRO PCS) FOR THE BURGLARY ALARM FOR TWO GLASS BRAKE ALERTS. UPON ARRIVAL, I OBSERVED THE PLATE GLASS WINDOW WAS SHATTERED ON THE WEST SIDE OF THE STORE . AS I APPROACHED THE WINDOW, I OBSERVED A CINDER BLOCK WAS LYING ON THE WINDOW FRAME AND APPEARED TO HAVE BEEN THROWN THROUGH THE WINDOW BY AN UNKNOWN SUSPECT. (NO) NAHSHEL MOHAMMED ARRIVED AND ATTEMPTED TO REVIEW VIDEO BUT WAS UNABLE TO ACCESS THE VIDEO SINCE HE HAVE THE PROPER PASSWORD. (NO) WAS ABLE TO SHOW ME ON HIS CELL PHONE THAT THE SUSPECT DID NOT GET INTO THE STORE. THE VIDEO DID NOT SHOW THE INCIDENT OR THE SUSPECT. SPECIAL SERVICES ADVISED THAT THEY WOULD COME AT 0800 HOURS TO REPAIR THE WINDOW. THE CITY CAMERA AT MAIN ST. WAS FACING THE OPPOSITE DIRECTION WHEN THE INCIDENT OCCURRED. THERE ARE MULTIPLE CAMERAS AT 781 MAIN ST. (HAIR BIZZ) THAT FACE THE PARKING LOT. HAIR BIZZ WAS CLOSED AND I WAS UNABLE TO VIEW THEM. I TOOK PHOTOS OF THE BROKEN WINDOW WITH MY BWC. TECH RADELL ARRIVED AND ALSO PROCESSED THE SCENE. TO VIEW CAMERAS AT 781 MAIN NARRATIVE Reporting OI?cer IBM it Dan Reviewed By RICOTTA PAU 534 03/23/2020 Ini'nmm Rpm" Pam 1 nr 3 DCheck if Taser was deployed SUBJECT . Page 1 of 2 1. LAST NAME FIRST NAME M.I. 2. DATE 3. TIME 4. CR Prude Daniel 3/?23/20 0320 20-06l 280 5. DOB 6. SEX 7. RACE 8. HEIGHT 9. WEIGHT 10. INCIDENT LOCATION BEAT - Male Black - 435 Jefferson Ave 11. [3 NO - Release approved by. 8 YES - Ch es: MHL 9.4l 12. ACTIONS l3. TACTIC EFFECTIVENESS Subject resisted by (check all Check the appropriate box indicating whether the tactic was used. If the tactic was used. write the number that apply and explain in the 2. indicating what order the tactics were used in column one. In column two, write for narrative) Effective. ME for Moderately E?ecrive and NE for Not Effective. Order Effectiveness Order Effectiveness antl?mgl?g?gzm Verbal I NE Bi-Lateral Compression verbs. refusal. using body as Mandibular Angle Arm Lock w/Baton ?dead weight," runninglwalking Hypoglossal Nerve 3 Front Jab w/Baton away. bracing/tensing body. Jugular Notch Rear Jab w/ Baton away. '?kins "ms I: Clavical Notch Forward Strike (Brachtal Stun Middle Stnke Assaultlve Suprascapular Stun Reverse Strike (May? include: Fightting stare. El Jab Strong Side Horizontal Strike Front Kick [1 Support Side Horizontal Strike tackling) Straight Punch Cl Imminent Threat or Angle Kick Deadly Physical Force/Serious Forearm Strike Physical Injury (SPI) (May include: Using or Knee Stake a QC threatening to use a ?reamr/edged Spear. . Taser weapon/contact weapon in close Hooking Technique Bean Bag Proximity 0' while closing the Ground Stabilization Hand Gun distance/dangerous (i 3-Point Landing Long. Gun under circumstances in which readily capable of SP1 0, death. Jomt manipulation) Ot er. See arrauve Air/blood choke which creates an El Other: imminent risk of SPI or death. Impacts w/o weapon which creates an imminent risk of death or other 14. Narrative If officer is in Liainclothes. desuibe own clothing. If tactic(s used on subject were ineffective, explain reason(s) why.) . I lag-f .Qn__3/23/20 at approximately 0300 ho responded to the area 50 Child St. for the report of a male wearing a white tank top and lon?ohns that had run from the ice on. The male (Prude) was previously suicidal in the night and been previously at Strong Hospital and of?cers we nformed the Prude had used PCP. I then relocated to 767 W. Main . for a burglary alarm and a broken storefront window TIER officers received another call for a male at Jefferson Ave and it St. that was covered in blood and wearing blue pants. spoke with a tow truck driver who stated that the male was running in mm of cars and was stating he had the corona virus. I located the male in the area of 435 Jefferson Ave running in front of vehicl and throwing objects into the road. [ordered the male to the ground and cuffed! him as trained. While?the?malemashandcuffedha appeared to be under the in?uenceof an unknown drug. The male asked of?cers for their guns several times. The male continuously spit in the direction of officers-M I placed a spit sock on him. The male then said that he was going to kill everyone. The male once again began spitting at officers and said "give me that gun" several times while attempting to get up in the direction of Officer Taladay. I moved towards the male and segmented his head while he was on his stomach. The male began spitting again and I performed a hypoglossal nerve techniqge on his left sid . I then noticed a clear liquid coming from Prude's mouth area and began observing his back in order to see his/ piratio It ap red that Prude was not breathing properly and I had of?cers roll him to a recovery position on his left side??ih?e?'fe?li for hi pulse. which I did not feel. AMR. who was already on scene immediately began life savmg measures and transported Prude Strong HospitalOf?cer: Primary Of?cer I: Assisting Of?cer Name: Of?cer Mark Vaughn 10* 2333 - I Rochester Police Department 6.0. 335 Subject Resistance Report RPD 1377 Rev. 10/2019 20f: Injured! 15. Name . Uniform Treated PRIMARY: Of?cer Mark Vau . Yes Yes Officer Yes No Officer Franck Yes No WITNESSES - Conduct a neighborhood check and indicate with code: Witness/Deposed; NI - Not Interviewed; NO - Interviewed/No Information; WR - Witness/Refused Deposition. DAY EVENING WITNESS 16. NAME ADDRESS PHONE PHONE CODE weet 439 Jefferson Ave N0 Ave N1 445 Jefferson Ave NI 426 Jefferson Ave NI 424 Jefferson Ave 428 Jefferson Ave NI MEDICAL ?Attadt and forward a copy of all depositions to P35 and PDS 17. Condition of subject: Sober Alcohol In?uence El Intoxicated (alcohol) Drugs l8. Subject injured prior to incident: No 8 Yes. describe: Several lacerstions to the body l9. Subject injured during incident: No Yes, describe: TASER probe penetration or drive stun marks alone are not considered an injury for Box 19. 20. TASER No Yes TASER Drive Stun: No Yes 2 . lf subject was exposed to 0.C.. was subject treated: No Yes At hospital P53 Eyewash Station 22. Hospitalization: No? Reason: 8 Yes Transport via RPD Vehicle it Ambulance Co./Vch it 7989 Other 23. Hospital: Strong Hospital 24. Attending medical professional: Dr. Austin Tcnney 25. Subject: Admitted Treated and Released [3 No Treatment Refused 26- Time Of treatment/refusal: 350 27. Witness to refusal: 28. Technician work perfo_nned: No - Reason: Yes by: Radell Photos Diagram Other: Photos of: Memberts) Subject Other: 29. Reports completed: Crime Incident investigative Action (DO NOT El Prisoner Data Addendum(s) Technician's Report Other:9.4l CR its: 30. Commanding Of?cer at 'I?ordai Rank: Lieutenant Section: Genesee ADMINISTRATIVE REVIEW Reviewing Supervisor: Date: Training Requested: El Yes? No a. BWCCompliance CI Yes CI No 32. Section Taser Reviewing Supervisor: Date: Training Requested: Yes? No 33. Platoon Commanding Of?cer: Dale: Training Requested: Yes? No If training is requested. the Platoon Commanding O?icer is responsible to ensure that Additional Training Report, RPD 1347. is attached for each member requested to receive training. "lfttol in compliance with BWC requirements. refer to Section ommanding O?icedorfollow-up. Rochester Police Department 0.0. 335 Subject Resistance Report RPD 1377 10/2019 City Records Access From: Sent: To: Subject: Attachments: Zenelovic, Flamur Monday, March 23, 2020 6:59 PM Tordai, Laszlo; Magri, Michael 435 Jefferson Ave Follow up DOC032320-03232020184808.pdf; DOC032320-03232020184753.pdf; DOC032320-03232020184748.pdf Sirs,     We took over the case from 435 Jefferson Ave this morning.  The suspect from the MHA/Att Burglary of Metro PCS  remains in ICU at Strong Hospital.  Would you mind conveying some follow up requests for your officers tonight at roll  call.     1.) Please ask that officers with handwritten notes related to 50 Child Street, 767 W. Main Street or 435 Jefferson  Ave please forward a copy to me by e‐mail or inner‐department mail.    2.) Ensure that officers Tallady, Speksgoor or any other officers with direct knowledge of the incident complete an  IAR.   3.) Submit all reports to CID review box in Mobile.  4.) Srr from Vaughn needs some revision.  Could you send me all of the original SRR’s? Have Vaughn correct his  report and change the suspect from a Victim to a suspect in his report.  Also, Vaughn has a woman listed on his  report, presumably from the SRR neighborhood check.  She should be added to his Report. Have Vaughn correct  his report and change the suspect from a Victim to a suspect in his report  5.) Suspect is seen on video (recovered from 781 W. Main) breaking into the Metro PCS store and actually entering  the location. Please have Ricotta add a burg charge and use CR # 20‐061277.  I know it was decided last night to  use one CR #.  The MHA report stands alone and the Burg/CM3rd report is going to have to have the other CR  #.  Ricotta can list Daniel Prude as the suspect.  Techs returned during the day and found a blood trail inside of  the location as well.    6.) Suspects clothing was recovered by 2nd platoon Patrol officers.     FYI:  At this time we are not planning on doing any additional interviews of officers.  The suspect is from Chicago and has no  local arrests but a very lengthy arrest record in Chicago.  I will keep you posted if anything changes.  Thank you for  organizing things on scene.      Take Care!  Flamur        Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester, New York 14614 Office #(585) 428-6868 fz1543@cityofrochester.gov 1 TAB 5 City Records Access From: Sent: To: Subject: Kimberly W Butler Tuesday, March 24, 2020 4:11 AM Boily, Stephen R. DP I got this info from Strong on Daniel Prude... "I reviewed the chart. Pt arrived in ED at 19:30. Was evaluated and observed in ED due to suspected intoxication, with  no other acute findings and an improving course until 21:31, when he was called up to CPEP. Transferred to CPEP at  21:51. He was triaged and interviewed by clinical evaluator and attending, collateral information obtained from brother.  Pt had an entirely normal mental status exam, showed no evidence of psychosis, mania or intoxication at that time, had  no SI/HI, and requested discharge. Discharged at 22:51.  I did not find any evidence of a deficient, incomplete or negligent evaluation. Unfortunately, it appears that patient went  back out and used again, probably PCP, leading to excited delirium and subsequent cardiac arrest."  Kimberly Butler, LCSW, M.S. **Please ignore any typos as this is being sent from my mobile device 1 TAB 7 City Records Access From: Sent: To: Subject: Julie A Luedke Tuesday, March 31, 2020 9:27 AM Perkowski, Michael E. RE: Please call me We will call you in 3 min      Thanks, - Julie Julie Luedke Confidential Assistant to the Medical Examiner Office of the Medical Examiner 740 East Henrietta Road Rochester, NY 14623 Office (585) 753-5916 Fax (585) 324-1772     From: Perkowski, Michael E.    Sent: Tuesday, March 31, 2020 9:14 AM  To: Julie A Luedke   Subject: RE: Please call me    CAUTION: This email originated from outside Monroe County systems. Exercise caution when opening attachments or clicking links,  especially from unknown senders.    ~~~~~~~~~~~~~~~~~~~  Yes please. Before Autopsy, have some background info to give you. I would like Do you want me to come meet with her? I have the time. Up to you, not sure how you guys are dealing with the Social Distancing. From: Julie A Luedke    Sent: Tuesday, March 31, 2020 9:11 AM  To: Perkowski, Michael E.   Subject: RE: Please call me    Perfect – do you want me to call you before she goes into autopsy ?  after she reviews the info ?    Thanks, 1 - Julie Julie Luedke Confidential Assistant to the Medical Examiner Office of the Medical Examiner 740 East Henrietta Road Rochester, NY 14623 Office (585) 753-5916 Fax (585) 324-1772    From: Perkowski, Michael E.    Sent: Tuesday, March 31, 2020 9:09 AM  To: Julie A Luedke   Subject: RE: Please call me    CAUTION: This email originated from outside Monroe County systems. Exercise caution when opening attachments or  clicking links, especially from unknown senders.    ~~~~~~~~~~~~~~~~~~~  They are on their way to you from Sgt Flamur Zenelovic. You should have them shortly. From: Julie A Luedke    Sent: Tuesday, March 31, 2020 8:59 AM  To: Perkowski, Michael E.   Subject: RE: Please call me    Hi    The body just got here – the autopsy will likely be today.  Dr. Granger wants to review your incident  report and the medical records before proceeding.  Can you get someone to scan the information to me  please.    Thanks, - Julie Julie Luedke Confidential Assistant to the Medical Examiner Office of the Medical Examiner 740 East Henrietta Road Rochester, NY 14623 Office (585) 753-5916 Fax (585) 324-1772  2   From: Perkowski, Michael E.    Sent: Tuesday, March 31, 2020 8:54 AM  To: Julie A Luedke   Subject: Please call me    CAUTION: This email originated from outside Monroe County systems. Exercise caution when opening attachments  or clicking links, especially from unknown senders.    ~~~~~~~~~~~~~~~~~~~  Daniel Prude Died yesterday at Strong Memorial. I imagine your office will be doing the autopsy. Can you and I have a conversation before you start that. It is somewhat sensitive, as he was in police custody when he was sent to the hospital. I was on scene and have all of the details for you. Try my office first, please at 428-883, then my cell at Thank you, Mike Lieutenant Michael Perkowski  Rochester Police Department  Central Investigations Section  Major Crimes Unit  Michael.Perkowski@cityofrochester.gov  585‐428‐8831    -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. 3 TAB 8 City Records Access From: Sent: To: Cc: Subject: Attachments: Saladeen, Mian Thursday, April 2, 2020 4:59 PM Simmons, Mark L. 'Geoff Wiater'; Michael Mazzeo; Colletti, Aaron A.; BWC Support RE: Request for BWC Footage Attachments.html Sgt. Wiater,  Here’s the link to the files requested:    City of Rochester ShareFile Attachments  Expires May 2, 2020  2020‐00061280  10.7 GB  Download Attachments Files are sent and received securely. Files sent with ShareFile will be available for up to 31 days  from the time they are sent.     Thanks,  Mian Saladeen       Technical Project Coordinator     Rochester Police Dept. ‐ BWC Program     W: +1‐585‐428‐8874     Mian.Saladeen@CityofRochester.gov    From: Simmons, Mark L.    Sent: Thursday, April 2, 2020 15:23  To: Saladeen, Mian   Cc: 'Geoff Wiater' ; Michael Mazzeo ; Colletti, Aaron A.    Subject: Request for BWC Footage  Importance: High    Mian,    Please provide Geoff Wiater with all BWC footage relating to the following incident:    Date and Time: 3/22‐03/23/2020                                          CR#:                    20‐061280                                                       Victim:                City of Rochester                                                          Suspect(s):         Daniel Prude  Location:            475 Jefferson Ave.    1 Please let me know if you have any questions.      Deputy Chief Mark Simmons, MSCJA  Rochester Police Department  185 Exchange Boulevard  Rochester, New York 14614  Office 585‐428‐6875 / Fax 585‐428‐6093    2 TAB 9 City Records Access From: Sent: To: Subject: Perkowski, Michael E. Monday, April 6, 2020 10:44 AM Correia, Adam H.; Colletti, AaronA. RE: foil request for records Good Morning Sgt., Could you please advise if this is an open investigation? Thank you That is how I would have answered the initial request as well. However, I can tell you that this will probably be appealed and he will win. The City has already been notified about an impending law suit. From: Correia, Adam H.    Sent: Monday, April 6, 2020 10:38 AM  To: Colletti, Aaron A.   Cc: Perkowski, Michael E.   Subject: FW: foil request for records Good Morning Sgt., Could you please advise if this is an open investigation?  Thank you    FYI     I responded back Yes still an open investigation.    Adam    From: Perez‐Dunham, Margarita   Sent: Monday, April 06, 2020 10:32 AM  To: Correia, Adam H.   Subject: foil request for records Good Morning Sgt., Could you please advise if this is an open investigation?  Thank you    Requestor # RR20-01479 Brief Request Summary: BWC recording and all documentation of incident involving Daniel Prude Requestor Name: Elliot Shields Organization/Firm: Roth & Roth LLP Email Address: eshields@rothandrothlaw.com Address: Roth & Roth, LLP, 192 Lexington Avenue, Suite 802 New York, NY, 10016 United States Phone Number(s): Home: 1 Work: Mobile: Fax: Request Type: Police 3/23/2020- Incident Date(s): 03:00AM- Description of Request: This is a request for all Body Worn Camera (BWC) recordings and other records related to the in of the RPD and Daniel Prude on or about March 23, 2020 at approximately 3:00 a.m. The incide occurred on Jefferson Avenue. Officers apparently used force against Mr. Prude and then transp memorial Hospital, where he died. The incident is depicted, in part, on a video posted here: https://www.facebook.com/frederico.krueger.35/videos/pcb.251848249544753/25184784287812 all records related to this incident, including but not limited to:1 - All BWC recordings;2 - All 911 c transcripts; 3 - all communications by any RPD Officers and/or City employees related to this inc communications made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aid system. 4 - Copies of all CAD reports / print-outs related to the incident;5 - all arrest reports;6 - a reports;7 - All "Rough Notes" or any other handwritten notes related to the incident;8 - All record death; 9 - Color copies of any photographs related to this incident; 10 - All witness statements / S - All incident reports; and12 - All other records containing factual data related to the incident. Tha     Margarita Perez‐Dunham  Rochester Police Department  FOIL Coordinator  185 Exchange Blvd  Rochester New York 14614  phone  585‐428‐7504  fax         585‐428‐7878      2 City Records Access From: Sent: To: Subject: Attachments: Swetman, Steven D. Friday, April 3, 2020 1:07 PM Perkowski, Michael E.; Zenelovic, Flamur Fwd: Preservation letter -- incident between RPD and Daniel Prude Prude Preservation Letter.pdf ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐‐  From: "Singletary, La'Ron D."   Date: Apr 3, 2020 11:50 AM  Subject: Fwd: Preservation letter ‐‐ incident between RPD and Daniel Prude  To: "Beath, Patrick"   Cc: "Jackson, Willie A." ,"Swetman, Steven D."  ,"Singletary, La'Ron D."     Good Morning Patrick,    I’ve copied in Lieutenant Steve Swetman of the Professional Standards Section for his advisement.     Thank you.     Chief La’Ron D. Singletary   Rochester Police Department     From: Beath, Patrick   Sent: Friday, April 3, 2020 11:47 AM  To: Singletary, La'Ron D.; Jackson, Willie A.  Subject: FW: Preservation letter ‐‐ incident between RPD and Daniel Prude      Chiefs Singletary and Jackson,     The Law Department received earlier today the attached preservation notice concerning a March 23, 2020 incident  involving Daniel Prude who, at least according to the letter, may have died while in police custody.  The preservation  notice demands the preservation of all police documents and any video concerning the incident in the possession of the  RPD.  This may have been a medical call, and I’m not sure if there was any RFD involvement, so that’s why I’ve included  Chief Jackson on this email.     Please let me know who I can forward this notice to within the police department (or fire department) to ensure that all  relevant materials are preserved and are available to the Law Department should this matter result in litigation.     Patrick       Patrick Beath  Deputy Corporation Counsel  City of Rochester ‐ Law Department  City Hall ‐ Room 400A  1 30 Church Street  Rochester, New York 14614  p: (585) 428‐6812 / f: (585) 428‐6950  Patrick.Beath@CityofRochester.gov      ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended recipient(s) and  contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended  recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the  sender immediately by reply email and destroy all copies of the original message, including attachments.           From: Elliot Shields    Sent: Friday, April 03, 2020 11:20 AM  To: Beath, Patrick   Cc: David Roth ; Donald Thompson ; Yousef Taha    Subject: Preservation letter ‐‐ incident between RPD and Daniel Prude     Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Patrick,     I hope you and your family are well, especially your brother.      Please see the attached preservation letter. Normally I’d mail this to RPD, but I’m not sure who to email it to. If you’d  like me to send it to them too, please provide the email and contact information for the person who I should send it to.     Thanks,     Elliot     Elliot Shields, Esq. Roth & Roth, LLP 192 Lexington Avenue, Suite 802 New York, NY 10016 T - 212-425-1020 F - 212-532-3801 eshields@rothandrothlaw.com The information in this transmittal may be legally privileged, confidential, and/or otherwise protected by law from disclosure, and is intended only for the recipient(s) listed above. If you are neither the intended recipient(s) nor a person responsible for the delivery of this transmittal to the intended recipient(s), you are hereby notified that any distribution or copying of this transmittal is prohibited. If you have received this transmittal in error, please notify Roth & Roth LLP immediately at (212) 425-1020 or by return e-mail and take the steps necessary to delete it completely from your computer system. Thank you.     2 ROTH & ROTH, LLP 192 LEXINGTON AVENUE, SUITE 802, NEW YORK, NEW YORK 10016 ROTHANDROTHLAW.COM T: (212) 425-1020 F: (212) 532-3801 April 3, 2020 VIA EMAIL: Patrick.Beath@CityofRochester.Gov Patrick Beath Deputy Corporation Counsel City of Rochester - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 Re: Preservation of Evidence Related to incident between RPD and Daniel Prude on or about March 23, 2020 To Whom It May Concern: My office has been contacted by Joe Prude, regarding the death of his brother, Daniel Prude, following an interaction with Rochester Police Department officers on or about March 23, 2020 at approximately 3:00 a.m. in the vicinity of Jefferson Avenue, Rochester, New York. Mr. Prude sustained fatal head injuries and was transported to Strong Memorial Hospital, where he died as a result of his injuries. A portion of the interaction was captured on video, and was posted to Facebook: https://www.facebook.com/frederico.krueger.35/videos/pcb.251848249544753/25184784287812 7/?type=3&theater. I write to provide you notice that all evidence related to the incident wherein Mr. Prude interacted with RPD officers on or about March 23, 2020, the events leading up to the incident, his transportation to Strong Memorial Hospital, and any investigation into the incident may be relevant to future litigation against the City of Rochester and the RPD officers involved in the incident. You must preserve all video recordings of the incident, as they are directly relevant to the potential civil claims. Specifically, any videos from body cameras worn by the officers at the scene and any officers who interacted with Mr. Prude in any way, or the events leading up to the incident and immediately following the incident, must be preserved. Further, you must preserve any other video recordings in your possession, such as Blue Light Camera recordings or security camera recordings from private businesses that may have been collected by the RPD. Please be advised that as an attorney, you have a personal obligation to preserve all paper and electronic evidence that is in any way related to this incident. Zubulake v. UBS, 220 F.R.D. 212, 216 (S.D.N.Y. 2003). To the extent any evidence is lost or destroyed, you may be personally subject to a range of sanctions as part of the civil litigation, including cost shifting or fines, adverse inferences or preclusion of evidence, dismissal or default judgment. Casale v. Kelly, 08 Civ. 2173 (SAS), 05 Civ. (SAS), 2010 U.S. Dist. LEXIS 40606, at *7 (S.D.N.Y. Apr. 26, 2010). Importantly, you must preserve all video recordings of the incident, all paperwork mentioning or describing said video recordings; all paperwork created as a result of Mr. Prude’s arrest, including arrest reports, incident reports, subject resistance reports, Rough Notes/ handwritten notes, and other paperwork documenting the arrest and force used against Mr. Prude and any investigation of the incident. I hope that based upon this letter, appropriate measures will be taken to preserve all evidence that may be relevant to Mr. Prude’s possible civil claims so that we can minimize litigation disputes regarding spoliation of evidence in the future. Thank you for your cooperation with these matters. Please contact me if you would like to discuss these issues. Very truly yours, ~//s//~ Elliot Dolby Shields, Esq. CC: Donald Thompson, Esq.: dmthompson@etksdefense.com Yousef Taha, Esq.: yntaha@etksdefense.com TAB 10 City Records Access From: Sent: To: Cc: Subject: Attachments: Elliot Shields Friday, April 3, 2020 11:20 AM Beath, Patrick David Roth; Donald Thompson; Yousef Taha Preservation letter -- incident between RPD and Daniel Prude Prude Preservation Letter.pdf Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Patrick,    I hope you and your family are well, especially your brother.     Please see the attached preservation letter. Normally I’d mail this to RPD, but I’m not sure who to email it to. If you’d  like me to send it to them too, please provide the email and contact information for the person who I should send it to.    Thanks,    Elliot    Elliot Shields, Esq. Roth & Roth, LLP 192 Lexington Avenue, Suite 802 New York, NY 10016 T - 212-425-1020 F - 212-532-3801 eshields@rothandrothlaw.com The information in this transmittal may be legally privileged, confidential, and/or otherwise protected by law from disclosure, and is intended only for the recipient(s) listed above. If you are neither the intended recipient(s) nor a person responsible for the delivery of this transmittal to the intended recipient(s), you are hereby notified that any distribution or copying of this transmittal is prohibited. If you have received this transmittal in error, please notify Roth & Roth LLP immediately at (212) 425-1020 or by return e-mail and take the steps necessary to delete it completely from your computer system. Thank you.   1 TAB 11 City Records Access From: Sent: To: Cc: Subject: Attachments: Julie A Luedke Friday, April 10, 2020 8:45 AM Zenelovic, Flamur Perkowski, Michael E. Prude COD rptPdConfirmation (1).pdf -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. 1 DEATH CONFIRMATION AND SUMMARY REPORT OFFICE OF THE MEDICAL EXAMINER COUNTY OF MONROE NAME: Prude, Daniel T. CASE NO.: 20-00902 DATE OF BIRTH: DATE OF DEATH: 3/30/2020 DATE OF AUTOPSY: 3/31/2020 RACE: Black SEX: Male AGE: 41 Years ADDRESS: 6444 S Wood St, Chicago IL 60636 COUNTY/ORIGIN: Monroe CAUSE OF DEATH IMMEDIATE CAUSE: Complications of asphyxia in the setting of physical restraint DUE TO: Excited delirium DUE TO: Acute phencyclidine intoxication OTHER SIGNIFICANT CONDITIONS: MANNER OF DEATH: Homicide DEATH CERTIFICATE SIGNED BY: Nadia A. Granger, MD Notice: The autopsy report may be incomplete at this time and any statements or opinions offered by the Medical Examiner's Office could be preliminary and subject to change pending the issuance of the final autopsy report. The information contained on this report is classified as confidential and is being released solely to the requesting agency and is not to be re-released or republished to any other agency, entity or individual without the prior written permission of the Monroe County Medical Examiner's Office. 740 East Henrietta Road, Rochester New York 14623 (585) 753-5905 Fax: (585) 753-5930 CONFIDENTIAL DOCUMENT - DO NOT DISTRIBUTE TAB 12 City Records Access From: Sent: To: Subject: Roj, Justin C. Friday, April 10, 2020 6:10 PM Singletary, La'Ron D. RE: FYI Chief, thank for making me aware. No one has reached out from the media, yet. I will coordinate with Frank on any inquiries. I appreciate you letting me know. -------- Original message -------From: "Singletary, La'Ron D." Date: 4/10/20 5:34 PM (GMT-05:00) To: "Roj, Justin C." Subject: FYI Hi Justin:    Just wanted to loop you in on an in custody incident that occurred. Attached is an investigative summary.     Quick Summary: On 3/23, officers arrested 42 year old Daniel Prude for mental hygiene arrest and criminal mischief as he was walking around naked, acting irrational . After Prude was taken into custody, he attempted to thrash around on the ground attempting to get up, saying he was going to take an officer’s gun. Officers did stabilize the individual on the ground. While doing so, he did stop breathing. AMR began CPR. Prude was transported to Strong where he remained in ICU for a week. He passed away from his injuries on 3/30.     Today, the M.E.’s office ruled on Prude’s death and determined such to be a “homicide” with the below attributing factors:    PCP in his system per toxicology reports  Excited Delirium  Resisting Arrest    The incident is on body worn camera. The family about a week ago reached out to Law Department for a preservation request on all documentation and video.    The night it occurred we treated such as an in-custody death and, conducting a criminal investigation (by major crimes) and once the criminal is complete, an internal will be conducted as is protocol.    The Mayor has been in the loop on such since 3/23. Law is in the loop. I am just waiting for the Mayor to call me back to give her the update on the M.E.’s ruling.    Also attached is an investigative action report from the major crimes investigator to give you a little more indepth background if needed.    Any questions, let me know.    La’Ron D. Singletary, Chief of Police     1 City Records Access From: Sent: To: Subject: Attachments: Singletary, La'Ron D. Friday, April 10, 2020 5:34 PM Roj, Justin C. FYI Investigative Summary 435 Jefferson Ave.pdf; IAR-Inv. Houlihan.pdf Hi Justin: Just wanted to loop you in on an in custody incident that occurred. Attached is an investigative summary. Quick Summary: On 3/23, officers arrested 42 year old Daniel Prude for mental hygiene arrest and criminal mischief as he was walking around naked, acting irrational . After Prude was taken into custody, he attempted to thrash around on the ground attempting to get up, saying he was going to take an officer’s gun. Officers did stabilize the individual on the ground. While doing so, he did stop breathing. AMR began CPR. Prude was transported to Strong where he remained in ICU for a week. He passed away from his injuries on 3/30. Today, the M.E.’s office ruled on Prude’s death and determined such to be a “homicide” with the below attributing factors: - PCP in his system per toxicology reports Excited Delirium Resisting Arrest The incident is on body worn camera. The family about a week ago reached out to Law Department for a preservation request on all documentation and video. The night it occurred we treated such as an in-custody death and, conducting a criminal investigation (by major crimes) and once the criminal is complete, an internal will be conducted as is protocol. The Mayor has been in the loop on such since 3/23. Law is in the loop. I am just waiting for the Mayor to call me back to give her the update on the M.E.’s ruling. Also attached is an investigative action report from the major crimes investigator to give you a little more indepth background if needed. Any questions, let me know. La’Ron D. Singletary, Chief of Police   1 1 2020-00061280 4 City of Rochester 435 Jefferson AVE 03/23/2020 03:11 233 Burglary 3/ CM 3/ MHA Burglary Investigation/ Mental Hygiene Arrest, RPD CR#2-=061280 435 Jefferson Av, 03/23/20 @ 0311 hr Suspect: Daniel Prude, M/B, DOB Narrative: On 03/23/2020 at approximately 0900 hr., Inv. R. Benjamin and I met with Lt. Perkowski and Sgt. F. Zenelovic. The meeting happened in the lieutenant’s office in MCU. During this meeting, Lt. Perkowski informed us that there was an incident that occurred at 435 Jefferson Av earlier in the morning involving a Mental Hygiene Arrest where the arrestee, Daniel Purdue, lost consciousness and went into cardiac arrest while being detained. Lt. Perkowski informed us that there were three separate job cards associated with this MHA. The first incident was a missing person report at 50 Child St, with the CR #20-061276. The second incident was a criminal mischief/attempted burglary that occurred at 767 W Main St, RPD CR#20-061277, and the third incident was an MHA arrest that occurred at 435 Jefferson Av, RPD CR#20-061280. We were told to compile the majority of our paperwork under the third crime report number, 20-061280. At 0300 hr., Joe Prude called 911 from 50 Child St (RPD CR#20-061276) to report that his brother, Daniel Prude, had left the house after just being released from Strong Hospital where he had been admitted for suicidal thoughts. Joe Prude reported that his brother was not wearing any shoes and he was only wearing long johns and a white tank-top. Joe Prude was afraid that his brother had run up to the railroad tracks. Officer Mark Vaughn was dispatched to the job and was speaking with Joe Prude when a call came into ECD at 0309 hr. for a burglary alarm at 767 W. Main St (RPD CR#20-061277). As officers were heading for the burglary alarm at 767 W. Main St, a tow truck driver by the name of Justin Jonathan called 911 from his cell phone (( to report that there was a male near the intersection of W Main St and Jefferson Av who had no clothes on with blood all over him. Justin Jonathan said that the male was trying to break into a car and was saying that he had the coronavirus. Justin Jonathan said that the male just ran off and was last seen running south on Jefferson Av. Lt. Perkowski told us that Officers Mark Vaughn, Paul Ricotta, Andrew Specksgoor, Josiah Harris, Troy Talladay and Sgt. Michael Magri were all in the area and responded. They found a naked male in the street at the intersection of Jefferson Av and Cady St (435 Jefferson Av) and took the male into custody. One of the officers (later identified as Officer Mark Vaughn) pointed a Taser at the subject and ordered him to the ground for handcuffing and the subject complied. He was handcuffed without any use of force. According to the ECD job card, Officer A. Specksgoor called one in custody for an MHA at 0319 hr. The male then sat upright and began to spit at officers and attempted to get up. The officers applied a spit sock and laid the subject prone on the ground, stabilizing him until the arrival of AMR. While stabilizing him, he vomited and then went unresponsive. According to AMR, there was no pulse and CPR was required during transport to Strong Hospital. The subject was identified as Daniel Prude, a male with the date of birth 09/20/78. He recently moved to Rochester to stay with his brother, Joe Prude, at 50 Child St (Phone Information was that Daniel Prude had been transported to Strong Hospital on 03/22/2020 at approximately 1920 hr. for a mental health evaluation. According to Joe Prude, he was only at the hospital for a few hours when he returned to 50 Child St at around 11 PM. HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 4 2 2020-00061280 4 Inv. R. Benjamin and I went to Strong Hospital at around 1030 hr. to check on the status of Daniel Prude. When we arrived in the E.D. we were informed that Prude was in the Intensive Care Unit, 4-2800. We went to that unit and spoke with the nurse manager, Alexandra Cilano (phone . She told us that she could not provide specific information about Daniel Prude’s health due to HIPA laws. She did offer that since Prude is being treated in the ICU his condition is considered “Critical” but he was in stable condition. Although Cilano was guarded with the information on Prude, I learned that he was on a breathing tube and was not allowed any visitors (due to CoVID-19 procedures). Cilano referred us to the Public Safety supervisor at 585-275-3333 for further information. Inv. Benjamin and I then relocated from Strong Hospital to 50 Child St to make contact with the family of Daniel Prude. We met with Joe Prude (m/B, DOB and his wife, Valerie Stotts (f/W, DOB They indicated that they had tried to see Daniel Prude at Strong Hospital but were denied access due to the Coronavirus quarantine. Stotts said that she spoke with a Doctor on the phone (she could not provide the Doctor’s name during our interview) and the Doctor told them that Daniel had been without oxygen for an extended period of time and he would likely be “brain dead”. Stotts and Prude stated that they had contacted an attorney and they were quite angry that Daniel Prude had been released from Strong Psychiatric after such a brief period of time. Inv. Benjamin and I then went to AMR Ambulance Corp, 811 West Av, Phone 585-777-7777, to try to speak with the ambulance personnel who attended to Daniel Prude. We met with a shift supervisor there who told us that none of the crew that had been on around 0300 hr. were still working. We provided contact information to him to relay to ambulance personnel Julie Purick and Sean O’Donnell. At approximately 1215 hr., Valerie Stott contact Inv. Benjamin by phone to provide the name of the Doctor at Strong Hospital that they had talked to. That Doctor’s name is Dr. Soniwara. Inv. Benjamin and I then drove to 796 Glide St to meet with Justin Jonathan (the 911 caller for the possible 10-78 at W. Main St and Jefferson Av). Jonathan told us that he is a tow truck operator for Gates Towing. He was working a towing job at an alley near the intersection of W Main St and Jefferson Av when a male black, about 40 years old, approached him and asked him to call 911. Jonathan said that the male was claiming to have the Coronavirus. Jonathan said that the male had blood on his feet and his stomach. The male tried to open a locked car door on a blue minivan that was parked in the area. Then, the male got down on his knees and begged Jonathan to call 911. Jonathan told him that he was already on the phone with 911. Jonathan said that when he told the man this, the man said something to the effect of “Oh shit, I gotta’ leave” and the male started to run down W. Main St to Jefferson Av and then turned southbound on Jefferson Av. Jonathan said that the police arrived in the area and he went back to work towing the vehicle he was there for. Jonathan said that after he hooked the vehicle up he looked down Jefferson Av and saw several police cars and a few police officers standing around the male, who was laying on his side on the ground. Jonathan said that it appeared that the male was handcuffed with a light colored hood over his head. Jonathan drove around the block and again looked down the street briefly at the scene. He could see a few police officers crowded around the male on the ground (who he said appeared to be on his side) and he could see that there was an ambulance on scene and a fire truck. Jonathan said that he stayed in his truck and did not spend much time watching what was going on. AT 1430 hr., Inv. Carbonel and I returned to the area of 435 Jefferson Av to conduct a neighborhood check of the area between Cady St and Dr. Samuel McCree Way (refer to IAR submitted by Inv. Carbonel regarding details of this neighborhood check). At 1511 hr., Julie Purick called and made arrangements to meet with Inv. Benjamin and me at the PSB at 5 PM. At 1625 hr., I spoke with University of Rochester/Strong Hospital Security Supervisor Kay Power (phone 585-273-1891). She asked if Daniel Prude was a suspect, witness or victim. I told her that Prude had been transported to Strong Hospital as a Mental Hygiene Arrest, but there could be criminal charges filed against him when he is released. I told Power that we would like to interview Prude, when and if possible. Power told me that she would advise me when Prude is discharged or HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 2 OF 4 3 2020-00061280 4 moved to another unit. AT 1650 hr., Inv. Benjamin and I met with AMR paramedic Julie Purick (f/W, DOB She informed us that she was working the shift starting at 1745 hr. on 03/22/2020 with EMT Brett Barnes in Rig #7989. Shortly after 3 am they were dispatched to the area of W. Main St and Jefferson Av for a psychiatric call. The details were that there was a bloody male running in the street naked. They arrived in the area at 0313 hr. and staged at Nick Tahoe’s, 320 W Main St. They were called in to the scene at 0318 hr. The drove westbound on W Main St and turned southbound on Jefferson Av, arriving at 0320 hr. Brett Barnes retrieved the stretcher while Purick approached RPD. As she approached RPD one of the officers asked her if she was grabbing the gurney because the subject was fighting. Purick said that she could see the subject actively resisting and attempted to get up. She could hear the subject talking incoherently. She said the subject had a spit sock on. She told the officer she was going to get a medication to sedate the subject. She stated that her observations of the subject were that he could be experiencing “excited delirium”, which she described as a condition in which the subject is experiencing agitation and aggression; increased heart rate and respiration; overheating (which she stated would explain the subject being naked on a night when temperatures were around 32 degrees with mixed snow and precipitation); sweating, flushed appearance; excessive strength, a high tolerance for pain and incoherent speech. She indicated that excited delirium is commonly associated with drug use like cocaine and PCP. As Purick was going to get the medication to calm the subject the patient went silent. She heard Brett Barnes say that she was needed, and she heard Brett Barnes tell the officers to roll the subject over and remove the handcuffs. There was a moment while the officers were trying to find a handcuff key, and Barnes and Purick started CPR. When the officers found a handcuff key, they rolled the patient over and took the cuffs off and then continued to perform CPR. The subject was transported to the gurney and put into the back of the ambulance, where Epinephrine and Sodium Bicarbonate were administered. The patient was then intubated and at 0341 hr. the patient’s heart began to beat on its own. They transported Daniel Prude to Strong Hospital and arrived at 0347 hrs. On Tuesday, March 24, 2020, at approximately 1100 hr., I went to the Family Dollar located at 715 W. Main St. I spoke with the store manager, Tonya Greenlea (cell phone ). She indicated that the store does have exterior cameras in good working order and that RPD Technicians could have access to the system if they called or met with her before 3 PM. I relayed this information to Sgt. Zenelovic who made arrangements for a technician to respond. I checked the corner store located at 613 W Main St and spoke with the clerk, Mahamed Algohaim. He told me the exterior cameras at the location were in good working order and he had the passcode for the camera system, although he claimed not to know how to download video files from the system. He provided a phone number of 585-270-4559 for the store and told me that he would be there all afternoon if a technician wanted to stop by. I also found video footage available at the corner store located at 259 Jefferson Av (The Clifton Food Market). I spoke with Hani Muthana who told me that his video system is always available to the police. I told him that a technician would be stopping in to retrieve about ten minutes worth of video. Arrangements were made for the technician to stop by both location after downloading the video from the Family Dollar. Other locations that were check with negative results were as follows: Mason’s Deli, 396 Jefferson Av, Phone 585-235-3168. Female at location told me that the cameras are not recording. The Seventh-Day Adventist Church, 309 Jefferson Av. There was no answer at the location. Nichol’s Brother’s Collision, 705 W. Main St, Phone #585-235-0897. I spoke with an employee there named John who told me the exterior cameras affixed to the shop do not record. On 03/24/2020 I was in contact with Strong Hospital Security (Kay Power). She indicated that there has been no change in the status of Daniel Prude. He is still listed in guarded condition in the ICU, intubated and unable to be interviewed. She HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 3 OF 4 4 2020-00061280 4 informed me that if his status changes she will advise. On March 26, 2020 at approximately 0930 hr. I contacted Strong Memorial Hospital to inquire about the medical records that had been subpoenaed by ADA Duckles. She indicated that the hospital’s Copy Services division had been instructed to send the records to ADA Duckles by March 26, 2020. The hospital’s order number for this request is #6262362500. As of the afternoon of 03/26/2020 I had not further involvement in the investigation. HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 4 OF 4 Major Crimes Unit Genesee Section Burg/MHA Follow Up _______________________________________________ 435 Jefferson Ave Date and Time: CR#: Victim: Suspect(s): Motive: Status: Sergeant: Investigators: Summary By: 03/23/2020 20-061280 City of Rochester Daniel Prude MHA/Burglary Open Zenelovic Benjamin/Houlihan Zenelovic On 03/23/20 Genesee Section Investigators responded to 50 Child Street for a suspicious condition/missing person. Officers spoke to Joe Prude who reported that his brother Daniel Prude was acting out and possibly using drugs. According to Joe Prude, Daniel was taken to the hospital under MHA during the evening hours on 03/22/20 but released and arrived at 50 Child Street around 2300 hrs. At approximately 0300 Daniel left the location on foot with no shoes, wearing a tank top shirt and pants. The overnight temperature was approximately 30 degrees. While officers were at 50 Child Street ECD broadcasted a call for a burglary alarm at 767 West Main Street. While investigating that call, ECD broadcasted the report of a man at Jefferson Ave @ West Main Street covered in blood and saying he has the corona virus. Gates tow truck driver Justin Johnathan was the 911 caller for that job. Officer Vaughn and Tallady located Daniel Prude near 435 Jefferson Ave. The male was naked when located in the middle of the street. He complied when officers ordered him to get on the ground. Officers handcuffed Prude without incident. Officers monitored Prude while they waited for AMR. Prude made several comments (heard on body camera) asking officers to take the handcuffs off and give him their gun. After several minutes the suspect put himself in a seated position and appeared to try and stand up. Officers Vaughn, Tallady and Frank Santiago use force to keep Prude on the ground. Each officer was wearing BWC and their actions were documented on video. As AMR EMS arrives officer’s notice that Prude had apparently stopped breathing. Paramedics Purick and Barnes administered first aid and transported Prude to Strong Memorial Hospital. Prude was admitted to the intensive care unit and remains there as of this report. His status was checked by Investigators Benjamin and Houlihan on 3/23/2020 at about 1000hrs and confirmed to be the same. Investigator Matt Hill deposed Joe Prude at some point and that deposition was sent to MCU. Preliminary draft reports include SRR’s from Vaughn, Tallady and Santiago were sent to MCU. 1 Major Crimes Unit Investigative Summary CR#: 2020-061280 Date/Time: 03-23-2020 @ 1511hrs Location: 435 Jefferson Ave _______________________________________________________________________ MCU Investigators spoke to Joe Prude after checking the status of Daniel Prude. Joe confirmed that on 03/22/20 Daniel traveled to Rochester by train from Chicago. At some point Daniel became disruptive on the train and was escorted off the train at the stop in Buffalo. Joe drove to Buffalo and picked Daniel up. Joe believes that Daniel has a significant drug problem and uses PCP. Investigators located and interviewed Justin Johnathan from Gates Tow, who stated in sum and substance that he saw the suspect walking around on W. Main Street and the suspect was wearing a white shirt, dark pants and no shoes. Johnathan observed the male had blood on his shirt and body. The male said that he had corona virus. Johnathan was concerned so he called 911. He did not observe officers stop or take Prude into custody and left the area. Investigators recanvassed the 400 block of Jefferson Ave. No additional witnesses were identified. Blue light video from West Main & Henion Street and Danforth and Child Street were reviewed and downloaded. Surveillance video was located and recovered from 422 Jefferson Ave, 781 West Main St, and 799 W. Main Street. The suspect is captured on video from 781 West Main Street covering his face with his shirt and using a cinder block to break the window of the business located at 767 W. Main St. The suspect then unlawfully enters the building. Investigators made contact with AMR Medic Julie Purick. She was on a day off but agreed to come to the PSB. She was working with Brett Barnes who was also off today and not due back to work until 03/25/20. Purick arrived and saw that Prude was naked, rambling and uncooperative with police and she surmised that he may be suffering from excited delirium. She told officers that she was going to administer some type of medication to calm the suspect. A short time later she was alerted to the fact that Prude was not breathing. Her partner began chest compressions and they loaded him into the ambulance. Purick noted that Prude was in cardiac arrest and over the course of the next approximately 18 minutes they worked to regain a pulse. Prude was intubated and while on the ambulance was given 2 doses of epinephrine and 1 dose of sodium bicarbonate. A pulse was established and Prude was transported to Strong Memorial Hospital. Purick advised that she completed a standard AMR report and would provide us a copy. We have reviewed the available BWC footage and applicable reports. Several reports have been rejected for revisions. Investigators will continue to monitor the status of Prude. They have arranged to receive updates from security at Strong Memorial Hospital. Security has a very strict protocol in place regarding who can enter the hospital in an effort to protect visitors, including law enforcement from corona virus. On 3/30/20 Prude died at the hospital. The Medical Examiners Office is conducting an autopsy on 4/1/20. 2 Major Crimes Unit Investigative Summary CR#: 2020-061280 Date/Time: 03-23-2020 @ 1511hrs Location: 435 Jefferson Ave _______________________________________________________________________ 3 TAB 13 City Records Access From: Sent: To: Subject: Attachments: Favor Jr., Henry C. Tuesday, April 14, 2020 3:41 PM Morabito II, Joseph M. FW: Investigative Summary 435 Jefferson Ave.2 Investigative Summary 435 Jefferson Ave.2.docx As discussed sir…    From: Umbrino, Frank   Sent: Tuesday, April 14, 2020 2:23 PM  To: Favor Jr., Henry C.   Subject: Investigative Summary 435 Jefferson Ave.2    Bulleted timeline is under the narrative portion.  The gray Malibu is ours and we are addressing it   1 Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    435 Jefferson Ave.  Date and Time:  CR#:      Victim:    Suspect(s):     Motive:     Status:     Sergeant:     Investigators:   Summary By:    03/23/20     20‐061280       City of Rochester     Daniel Prude     MHA/Burglary   Open   Zenelovic   Benjamin/Houlihan   Zenelovic                On 03/23/20 Genesee Section Investigators responded to 50 Child Street for a suspicious condition/missing person. Officers spoke to Joe Prude who reported that his brother Daniel Prude was acting out and possibly using drugs. According to Joe Prude, Daniel was taken to the hospital under MHA on 03/22/20 approximately 1909 hrs. Joe Prude reported that Daniel was later released and was dropped off at 50 Child Street around 2300 hrs. At approximately 0300 Daniel left the location on foot with no shoes, wearing a tank top shirt and pants. The overnight temperature was approximately 30 degrees. While officers were at 50 Child Street, ECD broadcasted a call for a burglary alarm at 767 West Main St. While investigating that call, ECD broadcasted the report of a man at Jefferson Ave @ West Main St. covered in blood saying he has the corona virus. Gates tow truck driver Justin Johnathan was the 911 caller for that job. Officer Vaughn and Tallady located Daniel Prude near 435 Jefferson Ave. The male was naked when located in the middle of the street. He complied when officers ordered him to get on the ground. Officers handcuffed Prude without incident. Officers monitored Prude while they waited for AMR. Prude made several comments (heard on body camera) asking officers to take the handcuffs off and give him their gun. Prude was spitting and as a result of an active Corona virus pandemic impact our area officer applied a spit sock to his head. After several minutes, the suspect put himself in a seated position and appeared to try and stand up. Officers Vaughn, Tallady and Frank Santiago had to use minimal force to keep Prude on the ground. He was stabilized while officers waited for AMR. Each officer was wearing BWC and their actions were documented on video. A short time later officer’s notice that Prude had apparently stopped breathing. Paramedics Purick and Barnes administered first aid and transported Prude to Strong Memorial Hospital. Prude was admitted to the intensive care unit. Investigator Matt Hill deposed Joe Prude shortly after the incident and he was later re-interviewed by MCU. Joe confirmed that on 03/22/20 Daniel traveled to Rochester by train from Chicago. At some point Daniel became disruptive on the train and was escorted off by police at the stop in Buffalo. Daniel Prude had contact with three police officers from the Depew, Cheektowaga and Orchard Park Police departments including being escorted from the train. Joe drove to Buffalo and picked him up. Joe believes that Daniel has a significant drug problem and uses PCP. Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    Investigators located and interviewed Justin Johnathan from Gates Tow. Jonathan stated in sum and substance that he saw the suspect walking around on W. Main St. wearing a white shirt, dark pants and no shoes. Johnathan observed the male had blood on his shirt and body. The male was yelling he had corona virus and was talking in a nonsensical manner. Johnathan was concerned so he called 911. He did not observe officers stop or take Prude into custody and left the area. Investigators recanvassed the 400 block of Jefferson Ave. No additional witnesses were identified. Blue light video from West Main & Henion Street and Danforth and Child Street were reviewed and downloaded. Surveillance video was located and recovered from 422 Jefferson Ave, 781 West Main St, and 799 W. Main St. The suspect is captured on video from 781 West Main St. covering his face with his shirt and using a cinder block to break the window of the business located at 767 W. Main St. The suspect then unlawfully enters the building. MCU Investigators made contact with AMR Medic Julie Purick. She was working with Brett Barnes the day of this incident. When Purick arrived on Jefferson Ave she saw that Prude was naked, rambling and uncooperative with police. Due to his actions she surmised he may be suffering from excited delirium. She told officers that she was going to administer some type of medication to the suspect to try and calm him. A short time later she was alerted to the fact Prude was not breathing. Her partner began chest compressions and they loaded him into the ambulance. Purick noted that Prude was in cardiac arrest. Over the course of the next approximately 18 minutes they worked to regain a pulse. Prude was intubated and while on the ambulance was given 2 doses of epinephrine and 1 dose of sodium bicarbonate. A pulse was established and Prude was transported to URMC. Purick advised that she completed a standard AMR report and would provide us a copy. AMR Medic Barnes went on vacation following the incident and investigators will interview him upon his return. As of 4/14/20 this has not yet occurred. On 3/30/20 Prude died at the hospital. An autopsy was performed by Dr. Granger. Her official ruling states Prudes cause of death was classified as, the immediate cause being “complications of asphyxia in the setting of physical restraint”, due to Excited Delirium and Acute phencyclidine intoxication” (PCP). The manner of death was ruled a “homicide”. (Note: this is a medical ruling/definition of a homicide) The medical examiner’s office took custody of the hospital blood drawn from Prude on 03/23/20 directly from Strong Memorial Hospital. The blood was tested and found to contain enough PCP to attribute to the cause of death. As of 4/14/20 we have not received the complete autopsy report or the toxicology report. On 04/03/20 MCU became aware of a Facebook live video on the internet depicting a naked male running naked down Jefferson Ave. The male is believed to be Daniel Prude based on the location of the where the video was recorded being the same block where officers encountered him. It was determined that Mario Perez made the recording and posted it toe Facebook. On 04/11/20 Perez was interviewed by investigators. Perez authenticated the video and said he was driving down Jefferson Ave and saw the naked male running down Jefferson Ave. acting crazy and irrational. Prude can be seen running after Perez as he drove south on Jefferson Ave telling him to give him his car. MCU investigators will be interviewing the involved officers on this incident over a two day period 4/13-4/14.       Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________      Time Line of events for Daniel Prude:  03/22/20  08:35‐Depew NY Police Department responds to the AMTRAK train station at 55 Dick Rd regarding a passenger on the train  from Chicago who is refusing to listen to orders and smoking on the train.  09:01‐Depew Police make contact with Daniel Prude.  He is dispersed from the train without   incident. They attempted to  contact family in Rochester with no success.   11:24‐Cheektowaga NY Police Department investigates a 911 call regarding the theft of a cell phone from a vehicle.    12:06:13‐Officers make contact with Daniel Prude and recover the phone   12:21:07‐Officers transport Daniel Prude and drop him off at City Mission Harbor House  12:43‐Orchard Park NY Police Department received an attempt to locate call from Joe and Valerie Prude attempting to locate  him. They are advised he was dropped off at Harbor House. Prude is picked up in Buffalo area by his brother and brought to  Rochester  18:53‐RPD Officers respond to 50 Child Street regarding Daniel Prude smoked PCP and was tripping.  Reported he thought  people were out to get him and he wanted to die.  He was taken into custody for MHA and taken to Strong Hospital  23:00‐According to Joe Prude, Daniel was discharged from the hospital and arrives at 50 Child Street.     03/23/20  03:00‐Joe Prude Calls 911 to report his brother Daniel Prude was recently released from the hospital and is suicidal.  Daniel  was using unknown drugs at the house and left on foot only wearing long johns and a tank top shirt.  03:09‐911 Call reporting an alarm at 767 W. Main Street, Metro PCS.    03:11‐Officers arrive at 767 W. Main Street. Responding officers find broken glass and a brick inside of the location. (Video  evidence later confirms Daniel Prude committed the burglary).  03:11‐Gates Tow truck driver reports a male running down the street covered in blood saying he has corona virus.  Male is  described as wearing no shirt and blue pants.   03:16‐Officers locate Daniel Prude completely naked in the street at 435 Jefferson Ave. Prude is ordered to the ground and  handcuffed without incident.  03:18‐Daniel Prude is threatening that he wants officers to give him there gun.  He is spitting toward officers  03:19‐Officer apply a spit sock over Daniel Prudes head.  He continues to spit.  03:20:25‐Daniel Prude attempts to stand from seated position.  He is asking for the officer’s gun.  Prude is stabilized face down  on the pavement before he can stand.   03:21:00‐AMR ambulance arrives on scene.  Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    03:22:34‐Officers notice Prude has thrown up and is possibly not breathing.  03:23:48‐AMR medic starts medical treatment.  03:24:20‐AMR medic begins CPR.  03:24:34‐AMR medic notifies there dispatch they have a medical 500.   03:27:07‐Daniel Prude is placed in the Ambulance. Prude is then transported to Strong Memorial Hospital.   03:44:00‐According to AMR records, paramedics reestablished Prudes vital signs including blood pressure and pulse.    03/30/20  2219‐RPD advised that Daniel Prude died at approximately 2100 hrs.     TAB 14 City Records Access From: Sent: To: Subject: Attachments: Morabito II, Joseph M. Tuesday, April 14, 2020 4:34 PM Singletary, La'Ron D. 435 Jefferson Ave. Investigative Summary 435 Jefferson Ave.2.docx Chief, Let me know if this version will work for you? Thanks Deputy Chief Joseph Morabito  Operations Bureau Rochester Police Department 185 Exchange Boulevard Rochester, N.Y. 14614 Phone# 585-428-1290 jm0961@cityofrochester.gov      ‐‐Confidentiality Notice‐‐This email, including all the attachments, is for the sole use of the intended recipient (s) and contains  confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use,  disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply  email and destroy all copies of the original message, including attachments.  1 Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    435 Jefferson Ave.  Date and Time:  CR#:      Victim:    Suspect(s):     Motive:     Status:     Sergeant:     Investigators:   Summary By:    03/23/20     20‐061280       City of Rochester     Daniel Prude     MHA/Burglary   Open   Zenelovic   Benjamin/Houlihan   Zenelovic                On 03/23/20 Genesee Section Investigators responded to 50 Child Street for a suspicious condition/missing person. Officers spoke to Joe Prude who reported that his brother Daniel Prude was acting out and possibly using drugs. According to Joe Prude, Daniel was taken to the hospital under MHA on 03/22/20 approximately 1909 hrs. Joe Prude reported that Daniel was later released and was dropped off at 50 Child Street around 2300 hrs. At approximately 0300 Daniel left the location on foot with no shoes, wearing a tank top shirt and pants. The overnight temperature was approximately 30 degrees. While officers were at 50 Child Street, ECD broadcasted a call for a burglary alarm at 767 West Main St. While investigating that call, ECD broadcasted the report of a man at Jefferson Ave @ West Main St. covered in blood saying he has the corona virus. Gates tow truck driver Justin Johnathan was the 911 caller for that job. Officer Vaughn and Tallady located Daniel Prude near 435 Jefferson Ave. The male was naked when located in the middle of the street. He complied when officers ordered him to get on the ground. Officers handcuffed Prude without incident. Officers monitored Prude while they waited for AMR. Prude made several comments (heard on body camera) asking officers to take the handcuffs off and give him their gun. Prude was spitting and as a result of an active Corona virus pandemic impact our area officer applied a spit sock to his head. After several minutes, the suspect put himself in a seated position and appeared to try and stand up. Officers Vaughn, Tallady and Frank Santiago had to use minimal force to keep Prude on the ground. He was stabilized while officers waited for AMR. Each officer was wearing BWC and their actions were documented on video. A short time later officer’s notice that Prude had apparently stopped breathing. Paramedics Purick and Barnes administered first aid and transported Prude to Strong Memorial Hospital. Prude was admitted to the intensive care unit. Investigator Matt Hill deposed Joe Prude shortly after the incident and he was later re-interviewed by MCU. Joe confirmed that on 03/22/20 Daniel traveled to Rochester by train from Chicago. At some point Daniel became disruptive on the train and was escorted off by police at the stop in Buffalo. Daniel Prude had contact with three police officers from the Depew, Cheektowaga and Orchard Park Police departments including being escorted from the train. Joe drove to Buffalo and picked him up. Joe believes that Daniel has a significant drug problem and uses PCP. Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    Investigators located and interviewed Justin Johnathan from Gates Tow. Jonathan stated in sum and substance that he saw the suspect walking around on W. Main St. wearing a white shirt, dark pants and no shoes. Johnathan observed the male had blood on his shirt and body. The male was yelling he had corona virus and was talking in a nonsensical manner. Johnathan was concerned so he called 911. He did not observe officers stop or take Prude into custody and left the area. Investigators recanvassed the 400 block of Jefferson Ave. No additional witnesses were identified. Blue light video from West Main & Henion Street and Danforth and Child Street were reviewed and downloaded. Surveillance video was located and recovered from 422 Jefferson Ave, 781 West Main St, and 799 W. Main St. The suspect is captured on video from 781 West Main St. covering his face with his shirt and using a cinder block to break the window of the business located at 767 W. Main St. The suspect then unlawfully enters the building. MCU Investigators made contact with AMR Medic Julie Purick. She was working with Brett Barnes the day of this incident. When Purick arrived on Jefferson Ave she saw that Prude was naked, rambling and uncooperative with police. Due to his actions she surmised he may be suffering from excited delirium. She told officers that she was going to administer some type of medication to the suspect to try and calm him. A short time later she was alerted to the fact Prude was not breathing. Her partner began chest compressions and they loaded him into the ambulance. Purick noted that Prude was in cardiac arrest. Over the course of the next approximately 18 minutes they worked to regain a pulse. Prude was intubated and while on the ambulance was given 2 doses of epinephrine and 1 dose of sodium bicarbonate. A pulse was established and Prude was transported to URMC. Purick advised that she completed a standard AMR report and would provide us a copy. AMR Medic Barnes went on vacation following the incident and investigators will interview him upon his return. As of 4/14/20 this has not yet occurred. On 3/30/20 Prude died at the hospital. An autopsy was performed by Dr. Granger. Her official ruling states Prudes cause of death was classified as, the immediate cause being “complications of asphyxia in the setting of physical restraint”, due to Excited Delirium and Acute phencyclidine intoxication” (PCP). The manner of death was ruled a “homicide”. (Note: this is a medical ruling/definition of a homicide) The medical examiner’s office took custody of the hospital blood drawn from Prude on 03/23/20 directly from Strong Memorial Hospital. The blood was tested and found to contain enough PCP to attribute to the cause of death. As of 4/14/20 we have not received the complete autopsy report or the toxicology report. On 04/03/20 MCU became aware of a Facebook live video on the internet depicting a naked male running naked down Jefferson Ave. The male is believed to be Daniel Prude based on the location of the where the video was recorded being the same block where officers encountered him. It was determined that Mario Perez made the recording and posted it toe Facebook. On 04/11/20 Perez was interviewed by investigators. Perez authenticated the video and said he was driving down Jefferson Ave and saw the naked male running down Jefferson Ave. acting crazy and irrational. Prude can be seen running after Perez as he drove south on Jefferson Ave telling him to give him his car. MCU investigators will be interviewing the involved officers on this incident over a two day period 4/13-4/14.       Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________      Time Line of events for Daniel Prude:  03/22/20  08:35‐Depew NY Police Department responds to the AMTRAK train station at 55 Dick Rd regarding a passenger on the train  from Chicago who is refusing to listen to orders and smoking on the train.  09:01‐Depew Police make contact with Daniel Prude.  He is dispersed from the train without   incident. They attempted to  contact family in Rochester with no success.   11:24‐Cheektowaga NY Police Department investigates a 911 call regarding the theft of a cell phone from a vehicle.    12:06:13‐Officers make contact with Daniel Prude and recover the phone   12:21:07‐Officers transport Daniel Prude and drop him off at City Mission Harbor House  12:43‐Orchard Park NY Police Department received an attempt to locate call from Joe and Valerie Prude attempting to locate  him. They are advised he was dropped off at Harbor House. Prude is picked up in Buffalo area by his brother and brought to  Rochester  18:53‐RPD Officers respond to 50 Child Street regarding Daniel Prude smoked PCP and was tripping.  Reported he thought  people were out to get him and he wanted to die.  He was taken into custody for MHA and taken to Strong Hospital  23:00‐According to Joe Prude, Daniel was discharged from the hospital and arrives at 50 Child Street.     03/23/20  03:00‐Joe Prude Calls 911 to report his brother Daniel Prude was recently released from the hospital and is suicidal.  Daniel  was using unknown drugs at the house and left on foot only wearing long johns and a tank top shirt.  03:09‐911 Call reporting an alarm at 767 W. Main Street, Metro PCS.    03:11‐Officers arrive at 767 W. Main Street. Responding officers find broken glass and a brick inside of the location. (Video  evidence later confirms Daniel Prude committed the burglary).  03:11‐Gates Tow truck driver reports a male running down the street covered in blood saying he has corona virus.  Male is  described as wearing no shirt and blue pants.   03:16‐Officers locate Daniel Prude completely naked in the street at 435 Jefferson Ave. Prude is ordered to the ground and  handcuffed without incident.  03:18‐Daniel Prude is threatening that he wants officers to give him there gun.  He is spitting toward officers  03:19‐Officer apply a spit sock over Daniel Prudes head.  He continues to spit.  03:20:25‐Daniel Prude attempts to stand from seated position.  He is asking for the officer’s gun.  Prude is stabilized face down  on the pavement before he can stand.   03:21:00‐AMR ambulance arrives on scene.  Major Crimes Unit Investigative Summary  CR#: 20‐061280  Date/Time: 03‐23‐20 @ 0310 hrs.  Location: 435 Jefferson Ave.  _______________________________________________________________________    03:22:34‐Officers notice Prude has thrown up and is possibly not breathing.  03:23:48‐AMR medic starts medical treatment.  03:24:20‐AMR medic begins CPR.  03:24:34‐AMR medic notifies there dispatch they have a medical 500.   03:27:07‐Daniel Prude is placed in the Ambulance. Prude is then transported to Strong Memorial Hospital.   03:44:00‐According to AMR records, paramedics reestablished Prudes vital signs including blood pressure and pulse.    03/30/20  2219‐RPD advised that Daniel Prude died at approximately 2100 hrs.     TAB 15 City Records Access From: Sent: To: Subject: Attachments: Zenelovic, Flamur Thursday, April 16, 2020 4:35 PM 'Sommers, Jennifer' RE: Prude Joe Prude Deposition .pdf; ME Report.pdf Attached to this e‐mail please find a deposition from Joe Prude, Brother of Daniel Prude and the medical examiner’s  report.     Thank you,  Flamur     Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester, New York 14614 Cell # ( Office #(585) 428-6868 fz1543@cityofrochester.gov   From: Sommers, Jennifer    Sent: Thursday, April 16, 2020 2:56 PM  To: Zenelovic, Flamur   Subject: RE: Prude    Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. No worries – Are you free for a call now?    From: Zenelovic, Flamur    Sent: Thursday, April 16, 2020 2:55 PM  To: Sommers, Jennifer   Subject: RE: Prude    Hello,     My cell phone number is   and my office number is 428‐6868.  Sorry for the delay.  1   Flamur    Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester, New York 14614 Cell # ( Office #(585) 428-6868 fz1543@cityofrochester.gov   From: Sommers, Jennifer    Sent: Thursday, April 16, 2020 1:33 PM  To: Perry M Duckles ; Doorley, Sandra (Monroe County)    Cc: Zenelovic, Flamur   Subject: RE: Prude    Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Thank you so much Perry!  Flamur – What is your cell phone number?   I have a 2:00 conference call but I can call you now if you are available or else I can call you after.  Thank you again…    From: Perry M Duckles    Sent: Thursday, April 16, 2020 1:28 PM  To: Sandra J Doorley ; Sommers, Jennifer   Cc: Zenelovic, Flamur   Subject: RE: Prude    [EXTERNAL] Hello Jen, Flamur Zenelovic (copied herein) is the Sgt. In charge of this matter.  He’s aware you’ll be reaching out and is  happy to help get you whatever you need.  I am also able to help in that regard, just let me know.  Let us know, and I’m  glad to hear you are well.    Perry Duckles  First Assistant District Attorney  Monroe County District Attorney’s Office  47 South Fitzhugh Street  Rochester, NY 14614  2 585‐753‐4653 (office)    From: Sandra J Doorley    Sent: Thursday, April 16, 2020 1:18 PM  To: Sommers, Jennifer ; Perry M Duckles   Subject: Prude    Great talking to you, Jen!    I’m copying Perry in on this.  He is going to reach out to RPD and get you the appropriate contact.  Stay tuned…..    Stay safe!!    Sandra    ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended  recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the  intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended  recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including  attachments.   IMPORTANT NOTICE: This e-mail, including any attachments, may be confidential, privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. 3 STATE OF NEW YORK - 0 6 I17 8d COUNTY OF MONROE Rochester Pollce Department ROCHESTER CITY COURT Supporting Deposition PAGE 2 c2 RPD 1270 IN THE MATTER OF DEFENDANTSIRESPONDENTS LISTED BELOW: 1. NAME ADDRESS 2 NAME ADDRESS 3. NAME ADDRESS CHARGED WITH ALLEGED OFFENSES, TO WIT: 675) <23. 1U 1?1? ["75 ?30 5331 1 6969 NAME DATE OF BIRTH ADDRESS AND PHONE NUMBER DEPOSES AND SAYS: (IA I 3 {1'3 (IN 11131 .1 6 (2/313 031% (n MW V?s TQM T16 3333 3M- 1.: CA TN 6 aw (3631:1111) 511 WM {3-133 TN kW?- ?rd 43> M34621 33/35 A 6m 353' 6/7 {5 0 Of: ((13 I) 3533/31 CO 01 ?73 N?x I431 <16? WW1. 1% P) NOTICE: FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT SEC ION 210. THE YORK STA TE PENAL LAW. (m 113/ A 2 RPD 1270 VIN /1 I SIGNATURE DATE Eu DATE - I T1117 REV. 02/03 06 1 ?9 32') COUNTY OF MONROE ROCHESTER CITY COURT Supporting Deposition OF 9.. RPD 1270 IN THE MATTER OF DEFENDANTSIRESPONDENTS LISTED BELOW: STATE OF NEW YORK Rochester Police Department 1. NAME ADDRESS 2 NAME ADDRESS 3. NAME ADDRESS CHARGED WITH ALLEGED OFFENSES, TO WIT: *5 9 .5 06 (6 101/ L2 CHILA TV, NAME DATE OF BIRTH ADDRESS AND PHONE NUMBER DEPONENT DEPOSES AND SAYSJoe?54) 17qu HM 9:20.544; 5 C31 155 1 61?) C) Tc} (ETC C- Rx In mx IA 35?5chst 5 \Iq?j [1/5 .-. TWA m3 INN '5 0??9 Vb 0 mm: WET- Irv: Nc?qu UH E) (31% RT ?53 4.1. TNE (TQM dd (?35 (301 (Imp/M'Ly 1\ . ??(.6 bro-EU 4 A Thursday, April 16, 2020 4:33 PM 'Sommers, Jennifer' RE: Prude Cheektowaga Police Report.pdf; Crime Report-Ofc. Ricotta-Metro PCS Burglary.pdf; Depew Police Report.pdf; IAR-Inv. Carbonel.pdf; IAR-Inv. Gotham.pdf; IAR-Inv. Houlihan.pdf; IAR-Ofc. Frye.pdf; IAR-Ofc. Gonzalez.pdf; IAR-Ofc. Harris.pdf; IAR-Ofc. Laurez.pdf; IAR-Ofc. Serenis.pdf; IAR-Ofc. Specksgoor.pdf; IAR-Ofc. Talladay.pdf; IARSgt. Magri.pdf; Incident Report-Ofc. Vaughn.pdf; MHA Report 03.23.20 .pdf; MHA Report 03.22.20.pdf; Orchard Park Police Report.pdf Please find attached to this e‐mail all related police reports, MHA reports from RPD as well as some reports from Buffalo  area police agencies for 03/23/20.  Those agencies had contact with Daniel Prude on 03/23/20.      Thank you,  Flamur    Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester, New York 14614 Cell # ( Office #(585) 428-6868 fz1543@cityofrochester.gov   From: Sommers, Jennifer    Sent: Thursday, April 16, 2020 2:56 PM  To: Zenelovic, Flamur   Subject: RE: Prude    Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. No worries – Are you free for a call now?    From: Zenelovic, Flamur    Sent: Thursday, April 16, 2020 2:55 PM  To: Sommers, Jennifer   Subject: RE: Prude  1   Hello,     My cell phone number is    Flamur     and my office number is 428‐6868.  Sorry for the delay.  Sgt. Flamur Zenelovic Major Crimes Unit Rochester Police Department 185 Exchange Blvd. Rochester, New York 14614 Cell # (585) Office #(585) 428-6868 fz1543@cityofrochester.gov   From: Sommers, Jennifer    Sent: Thursday, April 16, 2020 1:33 PM  To: Perry M Duckles ; Doorley, Sandra (Monroe County)    Cc: Zenelovic, Flamur   Subject: RE: Prude    Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Thank you so much Perry!  Flamur – What is your cell phone number?   I have a 2:00 conference call but I can call you now if you are available or else I can call you after.  Thank you again…    From: Perry M Duckles    Sent: Thursday, April 16, 2020 1:28 PM  To: Sandra J Doorley ; Sommers, Jennifer   Cc: Zenelovic, Flamur   Subject: RE: Prude    [EXTERNAL] Hello Jen, Flamur Zenelovic (copied herein) is the Sgt. In charge of this matter.  He’s aware you’ll be reaching out and is  happy to help get you whatever you need.  I am also able to help in that regard, just let me know.  Let us know, and I’m  glad to hear you are well.    Perry Duckles  2 First Assistant District Attorney  Monroe County District Attorney’s Office  47 South Fitzhugh Street  Rochester, NY 14614  585‐753‐4653 (office)    From: Sandra J Doorley    Sent: Thursday, April 16, 2020 1:18 PM  To: Sommers, Jennifer ; Perry M Duckles   Subject: Prude    Great talking to you, Jen!    I’m copying Perry in on this.  He is going to reach out to RPD and get you the appropriate contact.  Stay tuned…..    Stay safe!!    Sandra    ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended  recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the  intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended  recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including  attachments.   IMPORTANT NOTICE: This e-mail, including any attachments, may be confidential, privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. 3 TAB 18 STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES DIVISION OF CRIMINAL JUSTICE ATTORNEY GENERAL SPECIAL INVESTIGATIONS AND PROSECUTIONS UNIT April 21, 2020 Hon. Sandra Doorley Monroe County District Attorney 47 South Fitzhugh St. #4 Rochester New York 14614 RE: Investigation into the death of Daniel Prude Dear District Attorney Doorley: Please allow this letter to con?rm that pursuant to Executive Order No. 147, dated July 8, 2015, the Of?ce Of the New York State Attorney General has jurisdiction under over the investigation into the death of Daniel Prude on March 30, 2020 in Rochester, New York. Thank you as well as First Assistant Perry Duckles for your cooperation. Sincerely, ?fa/mam? Jennifer M. Sommers Deputy Chief Siecial Investigations and Prosecutions Unit cc: Sgt. F. Zenelovic, RPD 144 EXCHANGE BOULEVARD PHONE (585) 327-3231 0 TAB 19 Medical Examiner 9 County CASE SUMMARY ?York REPORT Case Number: 20-00902 Pathologist: Nadia? A. Granger, MD Pronounced: Mar 30 2020 Case County/Origin: Monroe Co. Name: Daniel T. Prude Date of Birth: - Manner of Death: Homicide - Age: 41 Years Cause of Death: Complications of in the setting of physical restraint Exciteddelirium Acute intoxication FINAL FINDINGS Severe respiratory acidosis (clinical history). Profound global hypoxic ischemic injmy (clinical history). i. Cerebral edema. ii. Subtaibine and transtentorial herniation. 9. History of ph ll. Excited delirium: possmie auditory hallucmations and paranOia (clinical history) Agitation and combative behavior (clinical history). ill Acute intoxmation (tOXicology studies lV Status post donor after cardia Granger, MD. o?i??i?w Icica xaminer iofi AUTOPSY REPORT Case Number: 20-00902 Pathologist: Nadia A. Granger, MD ME Case County/Origin: Monroe Co. Office of the Medical Examiner Monroe County New York Name: Daniel T. Prude Date of Birth: - Residence: 6444 Wood St, Chicago IL 60636 External Exam Start: Mar 31 2020 External Exam End: Mar 31 Internal Exam Start: Mar 31 internal Exam End: Mar 31 2020 GROSS FINDINGS POSTMORTEM EXAMINATION: An autopsy is performed on the body initially identified as Daniel Prude, later confirmed as Daniel T. Prude by antemortem and postmortem fingerprint comparison performed by the Rochester Police Department, on the 31st day of March, 2020, commencing at 11:07 AM. EXTERNAL EXAMINATION: The body is that of a well-developed, well-nourished, adult black male, who weighs 186 pounds, is 68 M2 inches in length, and appears compatible with the reported age of 41 years at the time of examination. There is an identification tag secured around the left ankle with the following handwritten information: 20~00902; Daniel Prude; 3-31-20. A hos-ital identification p. (41 yrs) Prude, Daniel. There are ted information: The body is received unclad. The body is . . purp e-re- Ivor mortls extends over the posterior surfaces of the body, except in areas exposed to pressure. Evidence of organ and tissue donation includes sutured incised wounds of the chest and abdomen; a medial sternotomy incision; an incised wound opening the pericardial sac; and recent surgical absence of the liver, gallbladder, left kidney, segments of the descending aorta, and a fragment of the spleen. The scalp hair is black and gray stubble. The irides are brown. The pupils are round, measuring 0.4 cm in diameter bilaterally. The corneae are translucent. The sclerae are white and the conjunctivae are clear. No petechial hemorrhages are identified on the sclerae, bulbar conjunctivae, facial skin, or oral mucosa. The nose is unremarkable. The ears are normally formed with a single pierce mark in each earlobe. The decedent wears a black and gray mustache, trimmed to 1I15 inch, and a black and gray goatee, trimmed up to V: inch. Beard stubble covers the remainder of the hair-bearing face. The teeth are natural and in adequate condition. The frenula are intact. The neck is unremarkable. The thorax is well developed and symmetrical. The abdomen is scaphoid. The anus and back are unremarkable. The external genitalia are consistent with that of a normal adult male. The penis is circumcised. The testes are bilaterally descended within the scrotum. The upper and lower extremities are well developed and symmetrical, without absence of digits. Identifying marks and scars include a 1 inch hypopigmented scar on the left eyebrow; illegible tattoos on the right neck and midiine upper chest; a tattoo of ?Hip Byron? on the left neck; a 1 inch hyperpigmented nevus on the lateral left chest; a 1 1/2 inch hyperpigmented scar on the left hip; a 1 inch hyperpigmented scar on the right buttock; scattered hypo- and hyperpigmented scar, up to 1 inch, on the bilateral arms; tattoos of ?Stank", ?Lil Rail?, and ?Shyra? on the right upper arm; a 1 1A inch hair?bearing mole on the dorsal right upper arm; tattoos of hands in prayer with ?Lord Knows? and ?Leroy? on the ventral right forearm; two hyperpigmented scars, 3 inches and 1 1A2 inches, on the ventral right forearm; a tattoo of on the ventral right wrist; tattoos of ?Omar? and ?Faye? on the dorsal right wrist; tattoos of ?12 Street? and ?Only The Strong Survive? with a wooden stake piercing the skin on the left upper arm; tattoos of a tombstone inscribed with ?1972 Limp 1987" and ?In Loving Memory" on the ventral left forearm, along with tattoos of ?Weno? and ?Main"; a tattoo of on the ventral left wrist; tattoos of crown and ?Mari" on the dorsal left forearm; scattered hypo? and hyperpigmented scars, up to 1 Mi inches, on the anterior lower extremities; and a 2 1/2 inch hypopigmented scar of the medial left calf. II I. 1of5 AUTOPSY REPORT Case Number: 20?00902 Pathologist: Nadia A. Granger, MD ME Case County/Origin: Monroe Co. puree of the Medical Examiner Monroe County New York EVIDENCE OF RECENT MEDICAUSURGICAL INTERVENTION: Evidence of medical intervention includes a triple- lumen catheter in the lateral right neck (secured with clear adhesive); five electrocardiograph patches attached to leads on the bilateral and mid back; intravenous catheters in the bilateral antecubital fossae (secured with clear adhesive); ventral right forearm (secured with clear adhesive) and the ventral right wrist (secured with clear adhesive and tubing secured by a brace to the right hand and dorsal right upper arm); and a pulse oximeter lead on the left index finger tip. On internal examination, there is hemorrhage into the right neck muscles surrounding the intravenous catheter and hemorrhage into the oropharyngeal mucosa, consistent with intubation. EVIDENCE OF TRAUMA: DESCRIPTION OF BLUNT FORCE INJURIES: HEAD AND NECK: On the forehead are multiple scabbed abrasions, up to 2 inches. There is a 1/2 inch diameter black scabbed abrasion on the right cheek. On the left cheek is a 1 1/2 1 inch scabbed abrasion. On internal examination, there is patchy subgaleal and subscalpular hemorrhage lining the frontal scalp. THORAX AND ABDOMEN: On the left upper back is a 1 M: inch scabbed abrasion. There is a 1/2 inch L-shaped red abrasion of the left lower back. UPPER EXTREMITIES: On the dorsal right forearm is a 1/2 inch red-yellow abrasion. Scattered scabbed abrasions, up to 1 inch, are present on the dorsal right forearm. On the dorsal left upper arm are scattered scabbed red-yellow to black abrasions, up to 3 inches in greatest dimension. LOWER EXTREMITIES: On the anterior surfaces of the bilateral legs are scattered scabbed abrasions, up to 1 Mt inches in greatest dimension. On the medial left heel is a 2 14 1 inch green contusion. INTERNAL EXAMINATION: BODY The body is opened with a standard Y-shaped incision. No adhesions or abnormal collections of fluid are in any of the body cavities. Except for previously described organ procurement related findings, all body organs are present in normal and anatomic position with the exception of the right kidney (located in the pelvis) and the appendix (remotely surgically absent). The serous surfaces are smooth and glistening. CENTRAL NERVOUS SYSTEM: The scalp is without laceration. The skull is intact. The brain weighs 1510 grams. The dura mater and falx cerebri are intact and not adherent to the surface of the brain. The leptomeninges are thin and delicate. There is no epidural, subdural, or subarachnoid hemorrhage. The cerebral hemispheres appear edematous with flattening of the gyri and effacement of the sulci. The structures at the base of the brain, including cranial nerves and blood vessels, arise normally and are free of abnormality. Sections through the cerebral hemispheres reveal slight left- sided deviation of the corpus callosum and right cingulate gyrus, consistent with early subfalcine herniation. There is diffuse dulling of the gray?white junction. The cerebral ventricles are of normal caliber. Sections through the brainstem and cerebellum show hemorrhage into the brainstem, consistent with transtentorial herniation. NECK: Except as described in the OF RECENT section, examination of the soft tissues of the neck, including strap muscles and large vessels, reveals no abnormalities. The hyoid bone and larynx are intact. Special examination of the tongue is unremarkable. 20f5 AUTOPSY REPORT Case Number: 20-00902 Pathologist: Nadia A. Granger, MD ME Case County/Origin: Monroe Co. .Office of the Medical Examiner Monroe County New York CARDIOVASCULAR SYSTEM: The heart weighs 390 grams. The pericardial sac is free of significant?fluld or adhesions. The epicardial surfaces are smooth, glistening, and unremarkable. The coronary arteries arise normally and follow the distribution of a right dominant pattern with no significant arteriosclerosis. The chambers and valves bear the usual size/position relationship and are unremarkable. The following circumferential valve measurements are obtained: tricuspid valve, 11 cm; pulmonic valve, 7 cm; mitral valve, 11 cm; and aortic valve, 6.5 cm. The myocardium is dark red- brown, firm, and free of local or regional fibrosis, erythema, pallor, or softening. The atrial and ventricular septa are intact and the septum and free walls are free of muscular bulges. The right ventricle measures 0.3 cm and the left ventricle measures 1.5 cm in thickness as measured 1 cm below the respective atrioventricular valve annulus. The interventricular septum thickness is 1.8 cm. Except for previously described organ procurement related findings, the aorta and its major branches arise normally and follow the usual course, with no significant atherosclerosis and the vena cava and its major tributaries return to the heart in the usual distribution and are unremarkable. RESPIRATORY SYSTEM: The right and left lungs weigh 480 and 380 grams, respectively. The pleural surfaces are smooth, glistening, and unremarkable. The upper and lower airways are unobstructed, and the mucosal surfaces are smooth, yellow?tan and lined with a thin layer of mucus. The pulmonary is dark red-purple and variegated. Cut surfaces exude moderate amounts of blood, and exudate. The pulmonary arteries are normally developed and patent. Specifically, no thromboemboli or saddle embolus are seen. HEPATOBILIARY SYSTEM: The liver and gallbladder are procured for organ donation prior to autopsy. GASTROINTESTINAL SYSTEM: The esophagus is lined by gray-white smooth mucosa. The gastric mucosa is arranged in the usual rugal folds and the lumen contains trace amounts of yellow mucoid material. The loops of small and large bowel are unremarkable. The appendix is remotely surgically absent. The colon contains progressively formed stool. The pancreas has a normal, tan, lobulated appearance. GENITOURINARY SYSTEM: The left kidney is procured for organ donation prior to autopsy. The right kidney weighs 120 grams. The renal capsule is smooth, thin, semitransparent, and strips with ease from the underlying smooth, red- brown, firm cortical surface. The cortex is of normal thickness and delineated from the medullary pyramids. The calyx, pelvis, and ureter are not dilated and free of stones. The urinary bladder contains no urine; the mucosa is gray-tan and trabeculated with blistering of the surface. The prostate is not enlarged. SYSTEM: The residual splenic fragment weighs 90 grams and has a smooth intact capsule covering red?purple, firm The splenic white pulp is grossly indiscernible. ENDOCRINE SYSTEM: The thyroid gland is of normal position, size, and texture. The adrenal glands are not identified. MUSCULOSKELETAL SYSTEM: Except for previously described organ procurement related findings, the bony framework, supporting musculature, and soft tissues are not unusual. AUTOPSY TECHNICIANS: Ms. A. Gordon and Mr. A. Tobey MICROSCOPY: Cassette Heart, lungs, right kidney TOXECOLOGY: No samples are collected at the time of autOpsy. DNA SPECIMEN: Blood. SPECIAL STUDIES: None. 30f5 AUTOPSY REPORT Case Number: 20?00902 Pathologist: Nadia A. Granger, MD ME Case County/Origin: Monroe Co. i of?ce of the Medical Examiner Monroe County New York EVIDENCE COLLECTED: Pulled head hair, fingerprint and palmprint cards, DNA card. Total body x~rays show no evidence of recent trauma. CAUSE OF DEATH: Complications of in the setting of physical restraint due to Excited delirium due to Acute intoxication. The manner of death is Homicide. 4of5 AUTOPSY REPORT Case Number: 20-00902 Pathologist: Nadia A. Granger, MD ME Case County/Origin: Monroe Co. Office of the Medical Examiner Monroe County New York MICROSCOPIC EXAMINATION HEART: Scattered foci of interstitial macrophages, neutrophils and with focal myocyte necrosis; patchy epicardial chronic inflammation. LUNGS: Foci of atelectasis; pulmonary edema; patchy infra-alveolar neutrophils; increased infra-alveolar type II pneumocytes; areas of early fibrosis; mucus plugging and numerous neutrophils in respiratory epithelium in medium-sized airways. RIGHT KIDNEY: No significant histopathologic abnormality. 50f5 NMS Labs 200 Welsh Road, Horsham, Phone: (215) 657?4900 Fax: (215) 657-2972 e-maii: nms@nmsiabs.com CON 'iW?yw Robert A. Middleberg, F-ABFT, Laboratory Toxicology Report Patient Name PRUDE, DANIEL Patient ID 20?00902 Report Issued 04/08/2020 17.04 Chain 20110633 Age 41 DOB 98795 Gender Male Monroe County Medical Examiner's Of?ce Workorder 30315533 Attn: Robert Zerby 740E. Henrietta Rd Rochester, NY 14623 Page 1 of 4 Positive Findings: Compound Result Unit?s Matrix ?ource Caffeine Positive 001 - Hospital Blood Coti'nine Positive ng/mL 001 - Hospital Blood 18 ng/mL 001 - Hospital Blood Delta-9 Carboxy THC 13 ng/mL 001 - Hospital Blood Delta?9 THC 1.2 ng/mL - 001 - Hospital Blood See Detailed Findings section for additional information Testing Requested: Analysis Code Description 900258 Postmortem, Expanded, Blood (Forensic) (GSA) Specimens Received: iD Tube/Container Volume] Collection Matrix Source Miscellaneous Mass Date/Time Information 001 Lavender Vial 2 mL 03/23/2020 04:01 Hospital Blood 002 Red Ma! 2 mL 03/23/2020 04:01 Hospital Blood All sample volumes/weights are approximations. Specimens received on 04/01/2020. NMS V.18.0 lull-Eu HEHL WON-(order 20110633 . (V 5 Chain 20110633 . Lil Lab-a . Patient ID 20?00902 Page 3 of 4 Reference Comments: 5. (Angel Dust; Sherm) - Hospital Blood: (PCP) is a DEA Schedule ll controlled dangerous hallucinogenic drug. There exists a dearth of pharmacokinetic data of PCP usage in humans; however, it has been reported that blood levels of ranged from 7 - 240 ng/mL (mean, 75 ng/mL) in individuals stopped for driving under the in?uence of drugs or for being intoxicated in public. Ataxia, agitation, combativeness, seizures, spasticity, coma and respiratory depression are associated with concentrations ranging from 90 - 220 ng/mL plasma. The physiological effects of PCP can be classi?ed as low or high dose. In low doses, PCP can elicit visual disturbances, drowsiness, agitation, hallucinations, aggressiveness, increased pulse rate and blood pressure, bronchospasm, increased respiratory rate and hyperthermia. In high doses, PCP can elicit convulsions, opisthotonos, coma, decreased blood pressure and respirations and rhabdomyolysis. There appears to be no relation between plasma levels of and degree of intoxication. Even so, death has been reported following the use of only 120 mg of Blood concentrations in fatalities have been reported to range from 300 25000 ng/mL (mean, 5000 ng/mL). Unless alternate arrangements are made by you, the remainder of the smeitted specimens will be discarded six (6) months from the date of this report; and generated data will be discarded ?ve (5) years from the date the analyses were performed. CERTIFICATION: Pursuant to New York Criminal Procedure Law Section I certify that this report was made by me or is a true copy thereof for testing conducted at NMS Laboratories. further certify that I am authorized by NMS Laboratories to make this certi?cation. For discovery information according to NYArticle 245, please email the workorder number (upper right portion of this report) to as soon as possible. Once collated, the information may be accessed via NMS Labs secure web portal. Workorder 20110633 was electronically signed on 04/08/2020 16:03 by: 69% Erik Flail, B.A. Certifying Scientist Analysis Summary and Reporting Limits: All of the following tests were performed for this case. For each test, the compounds listed were included in the scape. The Reporting Limit listed for each compound represents the lowest concentration of the compound that will be reported as being positive. If the compound is listed as None Detected, it is not present above the Reporting Limit. Please refer to the Positive Findings section of the report for those compounds that were identi?ed as being present. Acode 500173 - Con?rmation, Blood Hospital Blood -Analysis by High Performance Liquid Chromatography] Tandem Mass Spectrometry for: 5.0 ng/mL Acode 521983 - Cannabinoids Confirmation, Blood - Hospital Blood -Analysis by High Performance Liquid Chromatography! Tandem Mass Spectrometry for11-Hydroxy Delta?.9 THC 1.0 ng/mL Delta-9 THC 0.50 ng/mL Delta-9 Carboxy THC 5.0 ng/mL Acode 90025B - Postmortem, Expanded, Blood (Forensic) (CSA) - Hospital Blood NMS V.18.0 TAB 20 CHEEKTOWAGA POLICE DEPARTMENT Complaint Information Complaint# 20-012436 Date Received: 03/22/2020 Source: PHONE 1699 Description: LARCENY-OTHER Final Dispatch Code:1699 Description: LARCENY-OTHER Dispatch Code: Street: NOB HILL PARK TN Call Type: POLICE Tract: Street Code: 10725 Cross Street: Municipality: CHEEKTOWAGA Business: Call Back: Times: Received: 11:24:39 Dispatched:11:26:49 Arrived: 11:29:23 Completed: 12:21:11 Officers: Received By: Dispatcher: Report (follow up): YES Action Codes 1. 3. Notified: 2. 4. Associated Persons: SUB - PRUDE, DANIEL DOB: CHICAGO CMP - PING, ANDREW J. DOB: SLOAN Phone: 03/22/20 11:24:23 675 B/M WEARING BLACK LEATHER JACKET TAN HOOD BLUE SWEATPANTS AND BLACK DUFFLE BAG // OPENED DOOR OF TOWN TRUCK AND TOOK A CELLPHONE // WALKING THROUGH THE PARK 03/22/20 11:24:38 675 SAT DOWN IN BLEACHERS BY BASEBALL DIAMOND 03/22/20 11:26:33 675 L/S WALKING TOWARDS POSSIBLY WHITE RD OR BERT RD 03/22/20 11:29:39 675 MALE L/S ON REDLEAF 03/22/20 12:06:13 632 PROPERTY RECOVERED AND MALE TAKEN TO THE CITY MISSION 03/22/20 12:13:18 632 HARBOR HOUSE NOW 03/22/20 12:21:07 675 MALE WAS DROPPED OFF AT HARBOR HOUSE // ADVISED OF SERVICES 03/23/20 17:54:29 332 PR FILED Printed Date: 3/24/2020 2:33:16 PM Page # 1 1 2020-00061277 3 05. Burglary 03/23/2020 03:10 03/23/2020 767 W MAIN ST 03:10 03/23/2020 03:10 213 Yes Completed PL 145.00 01 AM4 Criminal Mischief 4th: Intent To Damage Property 1 Other Retail Store-40 No No No No No Bias-Not Applicable-77 PL 140.20 DF3 Completed 1 Burglary 3rd: Illegal Entry with Intent to Commit a Crime Other Retail Store-40 No Bias-Not Applicable-77 Business-B Window Front Force METRO PCS 676 W MAIN ST Not Applicable Rochester, NY Prude, daniel Business - NA NO MOHAMMED, NAHSHEL, A Relationship Unknown-40 Business - NA M A Business - NA N S Suspect Prude, daniel 41 NY M B N Apparently Normal X Field RICOTTA CIS - MCU PAUL 2534 CID 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 1 OF 3 2 2020-00061277 3 Seized Evidence BWC Video Video Recorded by IBM: 2534 1 Item(s) Damaged Vandalized Other Property $200 BROKEN PLATE GLASS WINDOW 1 RICOTTA Item(s) PAUL 2534 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 2 OF 3 3 2020-00061277 3 ON 3/23/20, AT ABOUT 0310 HOURS, I RESPONDED TO 767 W MAIN ST. (METRO PCS) FOR THE BURGLARY ALARM FOR TWO GLASS BRAKE ALERTS. UPON ARRIVAL, I OBSERVED THE PLATE GLASS WINDOW WAS SHATTERED ON THE WEST SIDE OF THE STORE . AS I APPROACHED THE WINDOW, I OBSERVED A CINDER BLOCK WAS LYING ON THE WINDOW FRAME AND APPEARED TO HAVE BEEN THROWN THROUGH THE WINDOW BY AN UNKNOWN SUSPECT. (NO) NAHSHEL MOHAMMED ARRIVED AND ATTEMPTED TO REVIEW VIDEO BUT WAS UNABLE TO ACCESS THE VIDEO SINCE HE DIDN'T HAVE THE PROPER PASSWORD. (NO) ALSO STATED THAT NOTHING WAS MISSING FROM THE STORE. SPECIAL SERVICES ADVISED THAT THEY WOULD COME AT 0800 HOURS TO REPAIR THE WINDOW. THE CITY CAMERA AT W MAIN ST/HENION ST. WAS FACING THE OPPOSITE DIRECTION WHEN THE INCIDENT OCCURRED. THERE ARE MULTIPLE CAMERAS AT 781 W MAIN ST. (HAIR BIZZ) THAT FACE THE PARKING LOT. HAIR BIZZ WAS CLOSED AND I WAS UNABLE TO VIEW THEM. I TOOK PHOTOS OF THE BROKEN WINDOW WITH MY BWC. TECH RADELL ARRIVED AND ALSO PROCESSED THE SCENE. I LATER LEARNED THAT VIDEO WAS OBTAINED FROM 781 W MAIN ST. (SEE IA'S FOR MORE). ---FILED TO MCU-- RICOTTA PAUL 2534 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 3 OF 3 DEPEW POLICE DEPARTMENT Complaint Information Complaint# 20-002489 Date Received: 03/22/2020 Source: PHONE 5007 Description: CUSTOMER TROUBLE Final Dispatch Code:5007 Description: CUSTOMER TROUBLE Dispatch Code: 55 DICK RD Street: Tract: Call Type: POLICE Street Code: 4715 Municipality: DEPEW Cross Street: Business: AMTRAK Times: Received: 08:35:48 Officers: STRANC, TIMOTHY Received By: DZIADOSZ, CHESTER Dispatcher: DZIADOSZ, CHESTER Report (follow up): NO Action Codes 1. 3. Call Back: Dispatched:08:35:52 Arrived: 08:42:53 Completed: 09:36:42 GORSKI, JEFFREY Notified: 2. 4. Associated Persons: SUB - PRUDE, DANIEL CMP - AMTRAK DEPEW Phone: 03/22/20 08:35:24 317 AMTRAK CMP ( BRAD, EMPLOYEE ) REPORTS MALE ON IN BOUND TRAIN REFUSING TO LISTEN TO ORDERS CONTINUES TO SMOKE ON TRAIN FROM CHICAGO DUE IN AT 08:45 HRS 03/22/20 09:01:46 317 PER PATROL DANIEL PRUDE LEFT TRAIN WITH NO INCIDENT SUBJECT LAST SEEN AT BUS STOP DISPATCH MADE CONTACT WITH ROCHESTER PD IN ATTEMPT TO CONTACT FAMILY MEMBER 03/22/20 09:36:37 317 UNABLE TO FIND # RPD HAS NO INFO Printed Date: 3/24/2020 2:34:29 PM Page # 1 City Records Access From: Sent: To: Cc: Subject: Attachments: Prince, Stephanie A. Thursday, June 11, 2020 4:56 PM 'Elliot Shields' Donald Thompson; David Roth; Roj, Justin C.; 'O'Neill, Kristin (DOS)'; Mitchell, Shani C. RE: Appeal of Constructive Denial of RR20-01479 Cheektowaga Police Report_Redacted.pdf; Depew Police Report_Redacted.pdf; Orchard Park Police Report_Redacted.pdf; Crime Report-Ofc. Ricotta-Metro PCS Burglary_Redacted.pdf; IAR-Inv. Carbonel_Redacted.pdf; IAR-Inv. Gotham_Redacted.pdf; IAR-Inv. Houlihan 2_Redacted.pdf; IAR-Inv. Houlihan_Redacted.pdf; IAR-Ofc. Frye.pdf; IAR-Ofc. Gonzalez_Redacted.pdf; IAR-Ofc. Harris.pdf; IAR-Ofc. Laurez.pdf; IAR-Ofc. Serenis.pdf; IAR-Ofc. Specksgoor_Redacted.pdf; IAR-Ofc. Talladay_Redacted.pdf; IAR-Sgt. Magri_Redacted.pdf; IAR-Sgt. Zenelovic_Redacted.pdf; Incident Report-Ofc. Vaughn_Redacted.pdf; Ofc. Santiago SRR_Redacted.pdf; Ofc. Talladay SRR_Redacted.pdf; Ofc. Vaughn SRR_Redacted.pdf Elliot:     In response to your FOIL appeal, we have performed a diligent search and review for the categories of records  referenced in your request related to the March 23, 2020 incident involving Daniel Prude. Attached hereto are all police  reports and SRRs with redactions made pursuant to Public Officers Law 87(2)(b). These redactions have been made to  prevent an unwarranted invasion of personal privacy and they include dates of birth, personal phone numbers, and  residential street addresses. Two Mental Health Transport forms dated March 22, 2020 and March 23, 2020,  respectively, are withheld pursuant to Mental Hygiene Law 33.13.    In addition to police reports, there are other records which will be sent to you via mail as everything is too large to send  via email. As I am aware that you are working remotely, please provide an address for the City to mail records.     Regarding BWC footage, it is my understanding that you represent the Estate of Daniel Prude. The footage contains  video of medical treatment by EMTs and later in a hospital. If you can provide an appropriate HIPAA release form so that  we can release that footage without HIPAA‐related redactions, please provide a signed, notarized form. If not, please  advise so that we can instruct our digital media specialist to properly prepare the video.    An item‐by‐item response to your request is below, to avoid confusion.    1 ‐ All BWC recordings – please see above.  2 ‐ All 911 call recordings and transcripts: New York County Law 308(4), the City is prohibited from releasing any records  of 911 calls, in whatever form they are kept.  3 ‐ all communications by any RPD Officers and/or City employees related to this incident, including communications  made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aided Dispatch (CAD) system: Please  consider this a certification that, following a diligent search, no such records could be located.  4 ‐ Copies of all CAD reports / print‐outs related to the incident: Please consider this a certification that, following a  diligent search, no such records could be located.  5 ‐ all arrest reports: Two Mental Health Transport forms are withheld pursuant to Mental Hygiene Law 33.13. Please  consider this a certification that, following a diligent search, no further records could be located.  6 ‐ all subject resistance reports: all available reports are attached to this email.  7 ‐ All "Rough Notes" or any other handwritten notes related to the incident: will be sent via mail, containing redactions  pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy.  1 8 ‐ All records related to Mr. Prude's death: all available reports are attached to this email. Otherwise, this request is  unreasonably described as it does not specify a specific kind of document.  9 ‐ Color copies of any photographs related to this incident: photos will be sent via mail.  10 ‐ All witness statements / Supporting Depositions: will be sent via mail.  11 ‐ All incident reports: all available reports are attached to this email.  12 ‐ All other records containing factual data related to the incident: this request is unreasonably described as it does  not specify a specific kind of document.     This correspondence constitutes my final decision regarding your request. If you disagree with this decision, you may  seek judicial review of it pursuant to Article 78 of the Civil Practice Law and Rules. Your time to seek judicial review  begins immediately.     Sincerely,    Timothy R. Curtin  Corporation Counsel    Via:          Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov       From: Elliot Shields    Sent: Wednesday, June 10, 2020 3:39 PM  To: Prince, Stephanie A.   Cc: Donald Thompson ; David Roth   Subject: RE: Appeal of Constructive Denial of RR20‐01479  Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Stephanie, It was nice speaking with you on the phone yesterday. Thank you for agreeing to produce all the documents and reports requested in our FOIL request. We do not consent to the City withholding the BWC videos until the Attorney General concludes its investigation. However, we do consent to the limited redaction of the video, solely for the purposes of redacting Mr. Prude’s genitals. Even though you stated on the phone that any redactions would not take more than two hours, we do not consent to paying any money for the RPD to apply any redactions to the video. 2 Thus, please produce all the reports, documents and BWC videos requested in the FOIL request by tomorrow so we can avoid filing an Article 78. Thank you, Elliot     From: Prince, Stephanie A.    Sent: Tuesday, June 9, 2020 12:28 PM  To: Elliot Shields   Cc: Donald Thompson   Subject: RE: Appeal of Constructive Denial of RR20‐01479  Sounds good – I’m working remotely today, so I’ll call you from my cell phone – it’s a 469 area code.         Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov         From: Elliot Shields    Sent: Tuesday, June 9, 2020 12:26 PM  To: Prince, Stephanie A.   Cc: Donald Thompson   Subject: RE: Appeal of Constructive Denial of RR20‐01479  Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Around 2:30-3:00 pm should be good. I’ve got my office phone hooked up at home, you can call that or my cell On Jun 9, 2020, 12:13 PM -0400, Prince, Stephanie A. , wrote: Elliot, Do you have time today to discuss this? I have additional information related to an ongoing investigation by the AG’s office, who I understand has reached out to Don Thompson. 3 If you are free today let me know how to reach you and I’ll give you a call. Thanks, Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie A. ; Mitchell, Shani C. Cc: David Roth ; Donald Thompson ; Audra Roth Subject: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Dear Stephanie and Shani, 4 I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any communications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: requestnoreply@cityofrochester.gov Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - RR20-01479 Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for "BWC recording and all documentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is currently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL #RR20-01479. Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer 5 HAVE YDU FILLED 2033 OUT YOUR Rachester?s future is countfn an an 1 2020-00061280 3 TBA 435 JEFFERSON AVE Rochester 263 03/23/2020 03:15 No S Arrestee PRUDE, DANIEL 41 , NY 14611 Black M B N Brown Impaired w Drugs On March 23, 2020 I was tasked by Sgt. Zenelovic to do a neighborhood check in the 400 block of Jefferson Avenue between Dr. Samuel McRee Way and Cady Street. I was able to locate video at 422 Jefferson Avenue. The video was collected by members of the technicians unit. I could not locate any additional video between Dr. Samuel McRee Way and Cady Street. During the canvass I did speak to the following residents on Jefferson Avenue. N/I-Abdikadir Muya of asking for a call back. no answer at the door. I did leave a business card N/O- Gwendolyn Sweet of . Sweet said that she heard a male yelling and Screaming out of her bedroom window. Sweet said that she did not get up to look out her window. She only knew that the police were outside when she saw the crime scene tape. 435 Jefferson Avenue Abundant Life Church closed with no video cameras. Field Field Field Unknown CIS - MCU CARBONEL WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 1 OF 3 2 2020-00061280 3 428 Jefferson Avenue Pretty Black Society Hair Gallery business closed with no video. 424 Jefferson Avenue is a multiple family apartment building with no exterior video cameras. N/O Juvenile Taniya Williams of said that she did not see or hear anything. . Williams 424 Jefferson Avenue #26 no answer at the door business card was left in the door. Dimetrius Holmes . Holmes said that he saw the police standing out in front of his apartment. He did not see anyone else or what occurred on Jefferson Avenue. Pastine Davis refused to give her phone number. Davis said that she was asleep in her apartment. That is when woke up because she heard someone screaming outside. She looked out of her window that faces Jefferson Avenue. She saw a naked male with the Police. After she saw the male with the police she went back to bed. 450 Jefferson Avenue vacant under construction. CARBONEL WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 NI MUYA , ABDIKADIR NO SWEET , GWENDOLYN NO WILLIAMS, TANIYA M B N F F B B N N NO HOLMES, DIMETRIUS NO DAVIS , PASTINE M F B B N N CARBONEL WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 1 2020-00061280 3 TBA 435 Jefferson AVE Rochester 213 03/23/2020 03:10 No S Arrestee PRUDE, DANIEL 41 R, NY 14611 Black M B N Brown On 3/23/20, Inv. M. Hill and I were called back to duty by Sgt. Weigel in order to assist Genesee Section with the above incident that had occurred in the area of 435 Jefferson Ave. Upon our arrival, we were briefed by Sgt. Weigel and learned that while Genesee Section Officers were attempting to take (S) Prude into custody for a mental hygiene arrest, when (S) Prude had a medical event and became unresponsive. (S) Prude was then transported to Strong Memorial Hospital in order to receive medical treatment. Sgt. Weigel tasked Inv. Hill and me with interviewing the 911 caller (PK1) Jonathan and (S) Prude's brother, (PK2) Prude. I first called (PK1) Jonathan at . (PK1) Jonathan stated that he works for Gates Towing and wasn't able to respond back to the area in order to speak. However, (PK1) Jonathan stated the following: He was in the process of hooking/towing a vehicle in the area of 179 Jefferson Ave. when he observed a bald black male wearing dark colored thermal pants and Field CIS - MCU GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 1 OF 3 2 2020-00061280 3 no shirt. The male appeared to have blood on his stomach and feet and wasn't wearing shoes. (PK1) Jonathan heard the male, later identified as (S) Prude, yelling statements to the effect of, "Call 911. I've got the Coronavirus." (PK1) Jonathan then observed (S) Prude attempt to get into a Medical Transport van that was parked on Jefferson Ave. (PK1) Jonathan informed (S) Prude that he was calling 911 as requested, and at that point, (S) Prude took off heading southbound on Jefferson Ave. (PK1) Jonathan stated that he didn't see the Police Officers take (S) Prude into custody. Inv. Hill and I then responded to in order to speak with (PK2) Prude. (PK2) Prude then provided a written deposition to Inv. M. Hill regarding the events of the day. See deposition for further. GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 PK Jonathan, Justin PK Prude, Joe GOTHAM BRANDON 1831 M W N Y M B N NY 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 1 2020-00061280 3 City of Rochester 435 Jefferson AVE 03/23/2020 03:11 233 Burg 3/CM 3/MHA incident On Monday, 03/30/2020 at approximately 2243 hr., I received a voice mail message from Kay Power of University of Rochester/Strong Hospital, informing me that Daniel Prude had died earlier in the evening. I then notified Sgt. Zenelovic and Inv. Benjamin of this change in his status. On Friday, 04/10/2020, I was informed by Sgt. Zenelovic that interviews with the three police officers involved in the physical restraint of Daniel Prude would be occurring on Monday, 04/13/2020 at 1030 hr. On Saturday, 04/11/2020, at approximately 2130 hr., I received a call from Sgt. Zenelovic informing me that Mario Perez was in custody at the East Side Office. Perez had previously posted a “FACEBOOK LIVE” video on his Facebook account under the user name “Frederico Kruger”. The video was posted on 03/23/20, and it showed Perez driving around the area of W Main St/Jefferson Av and taunting a naked Daniel Prude as Prude ran through the streets. I arrived at the East Division Office (home of Patrol Section Investigations (PSI)) at around 2315 hr. Inv. Benjamin had arrived a few minutes before me. Perez was in Interview Room #123 and he was being interviewed by Inv. E. Rogers and Inv. S. Savitchev. They stepped out of the interview room with him at around 2335 hr. After stepping out of the room, the Investigators told Inv. Benjamin and me that they did not mind if we briefly spoke with Perez for a few minutes while they reviewed some surveillance video from their shooting investigation. Inv. Benjamin and I entered the interview room at 2337 hr. Inv. Benjamin and I introduced ourselves to Perez. We then spoke with Perez about the events around the Facebook live video that he uploaded on March 23rd. Perez said that he remembered that night. He said that he had just driven a female friend home when he was driving up the street and saw a tow truck blocking the street near Jefferson Av and W Main St. He said that he saw a man running. The man had been pleading with the tow truck driver, saying “Please. Please.” He said that he went live on Facebook because the guy was naked. Perez said that he offered to call someone for the naked guy and the naked guy started to chase him. He told us that he saw some kid walking in the street and he warned the kid about the naked guy. Perez said that he was present when the police arrived and he saw the police detain the guy. Perez said that he heard the guy saying to the police “Look at my balls. Look at my big dick. Get the fuck away from me.” Perez said that the police weren’t on the naked guy while this was going on, but rather standing nearby. Benjamin asked Perez if he saw the police detain the naked man or handcuff him and Perez said “no”. Perez further said that he wasn’t even sure if the naked man was handcuffed, but he assumed that he was. Benjamin asked Perez if he saw when the ambulance arrived, and Perez said that he had already left by then. Perez said that he then went home. We continued to ask Perez about the naked man and his behavior. Perez said that after pleading with the tow truck driver the naked man took his long-johns off in the street. Perez told us that could be seen on the video. The naked man was jumping in traffic and Perez said that he almost got hit by a car. Perez said he was acting crazy and he believed the man was on drugs. Perez said that the naked man was saying “I hate that bitch” and then he told Perez that he had to take a shit. Perez said that the naked man tried to chase him and then the naked guy got down in the street and crouched down and defecated. Perez told us that he was driving his car and he was recording his Facebook live video on his cell phone At approximately 2352 hr., Inv. Benjamin and I ended our interview with Perez. The interview (which was conducted during the middle of a Reckless Endangerment investigation conducted by Rogers and Savitchev) was recorded with audio and video. The entirety of this interview was saved. A copy of the interview as placed into the MCU file for 435 Jefferson Av. On Monday, 04/13/20 at approximately 1045 hr., Inv. Benjamin and I conducted an interview with Officer Mark Vaughn. HOULIHAN MICHAEL 0890 04/23/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 3 2 2020-00061280 3 The interview was conducted with Locust Club Attorney Dan DeBolt listening in on speaker phone. Prior to the interview, Inv. Benjamin and I had familiarized ourselves with the paperwork and body worn camera footage from all of the Officers involved. Officer Vaughn provided us with a verbal account of the three incidents he responded to involving Daniel Prude on the morning of March 23, 2020. His account was consistent with the BWC footage, as well as the copies of the Incident Report that he filed in connection with the MHA arrest of Prude (RPD CR#20-061280) and his Subject Resistance Report. Immediately following the interview with Officer Vaughn, we met with and spoke to Officer Troy Talladay. Dan DeBolt was listening in to this interview as well. Officer Talladay described to us his involvement in the arrest of Daniel Prude on March 23, 2020. He told us that he originally responded to 50 Child St at around 0300 hr. for the report of a missing person. Officer Talladay said that while he was looking around in the area for the missing person he received information over the radio that the missing person could be under the influence of PCP. Officer Talladay’s interview was the same as the details that he documented in his IAR and SRR for the incident occurring at 435 Jefferson Av, as it was with the BWC footage captured and retained as a part of this event. On 04/13/2020 at approximately 1300 hr., I spoke over the phone with EMT Brett Barnes (phone . I asked him if he would be willing to speak with Inv. Benjamin and me about his observations and involvement with the transportation of Daniel Prude to the hospital on March 23, 2020. Barnes indicated that he does not work again until Friday, 04/17/2020 at 1745 hr. On 04/14/2020 at approximately 1030 hr., Officer Francisco Santiago came up to CIS with Sgt. Wiater for his interview. The interview took place in the CIS conference room. At 1040 hr., Inv. Benjamin and I entered the conference room and introduced ourselves. Sgt. Wiater left and we called Locust Club Attorney Dan DeBolt so he could listen in on the interview. The interview was brief, as Officer Santiago’s involvement with Daniel Prude was also brief. Officer Santiago indicated that he was working First Platoon as a K-9 Officer, and he responded to the area of the burglary alarm on West Main St because police K-9’s are often requested for such a call. While on his way to the burglary alarm he received new information over the radio that Officer Vaughn had encountered the possible suspect on Jefferson Av. He responded there and assisted with the arrest. Officer Santiago’s account of his involvement did not differentiate from the documentation that he prepared for the incident (that being his SRR). On 04/22/2020 at approximately 2:04 PM, Inv. Randy Benjamin and I met with Brett Barnes (m/W, , of Rochester, NY 14620, Phone ) in CID Interview Room #444. Barnes told us that he was working for AMR up until last Sunday when he left AMR to pursue higher education in Connecticut. We asked him about the call at 435 Jefferson Av on 03/23/20. He told us that he was working the ambulance with Julie Purick. He said that they were in the area of Broad St and W Main St when a call came in for a Psych/Not alert, which he said could mean anything. They staged at Broad St and W Main St until they were cleared to enter the arrest scene. When they pulled up, Julie pulled the ambulance up to about 15-20 feet from where the police were detaining a male (Prude). Barnes told us that he was not certain if it was three or four officers that were detaining the male, but he knew there was one male on the feet of the subject; one male holding down the head of the subject; and one or two males on the back torso of the subject. He told us that the male was wearing a spit sock and his head was turned (he demonstrated the subject’s head turned to the left). He described getting out of the ambulance and getting the stretcher, and he said that while he was doing this he heard Julie say that she was going to get a sedative for the patient. He stated that the patient was moving around and behaving erratically and uncontrollably while the officers attempted to hold him down. I asked Barnes to further describe what he meant by “erratically and uncontrollably” and Barnes told us that the patient was fidgeting and moving every muscle trying to move. He said when he and Julie Purick arrived on scene that the patient was showing signs of life as evidenced by his body movements and his garbled, slurred speech. He said that shortly after their arrival the subject stopped moving. He sense that something had changed with the patient’s status and he asked the officers to remove the spit sock from the patient. When they did this he could see that the patient was not breathing. He alerted Julie Purick and he immediately started CPR. Purick notified their dispatch that they had a “medical 500”. Barnes estimates that this all occurred in the span HOULIHAN MICHAEL 0890 04/23/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 2 OF 3 3 2020-00061280 3 of two to three minutes. They loaded Prude onto the stretcher and moved him into the back of the ambulance where they continued CPR until they received a pulse. Once they obtained a pulse, Barnes drove the ambulance to the hospital while Purick continued to monitor Prude’s status. I asked further questions about the physical force/restraint that he observed the police officers using to restrain Prude. He said that Prude was handcuffed. He told me that there was one officer controlling the feet (in the area from the knee down); one officer controlling the head (Barnes described it as “tripodding”); and one or two officers in the middle. He said that he believes that he observed a knee down across the back. I asked if he observed any other physical actions used to restrain Prude or physically engage him, and Barnes said that he did not see any actions by the police other than the physical restraint he described. Barnes further indicated that nothing looked “over the top” or malicious in nature, stating that the officers’ actions appeared appropriate for what Prude was doing, and necessary to keep Prude from running around the entire street. When asked about Prude’s physical appearance, Barnes told us that he was a male black, above average build; with a muscular, solid build. He then said that he remembered the male probably being in his upper 30’s for age, and somewhere between 180-210 lb. He did not observe any injuries on Prude beyond some minor scrapes and abrasions. He said that his behavior was not normal and his first thought was that Prude was under the influence of drugs. He described “excited delirium” and the effects that drugs can have on people, and he said that looked like what Prude was exhibiting. At the request of Jennifer Sommers (Attorney General’s Office/Deputy Chief of Special Investigations and Prosecutions) the entire interview was recorded (audio and video) and a copy of the interview was saved in the case file for RPD CR#20061280. HOULIHAN MICHAEL 0890 04/23/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 3 OF 3 1 2020-00061280 4 City of Rochester 435 Jefferson AVE 03/23/2020 03:11 233 Burglary 3/ CM 3/ MHA Burglary Investigation/ Mental Hygiene Arrest, RPD CR#2-=061280 435 Jefferson Av, 03/23/20 @ 0311 hr Suspect: Daniel Prude, M/B, Narrative: On 03/23/2020 at approximately 0900 hr., Inv. R. Benjamin and I met with Lt. Perkowski and Sgt. F. Zenelovic. The meeting happened in the lieutenant’s office in MCU. During this meeting, Lt. Perkowski informed us that there was an incident that occurred at 435 Jefferson Av earlier in the morning involving a Mental Hygiene Arrest where the arrestee, Daniel Purdue, lost consciousness and went into cardiac arrest while being detained. Lt. Perkowski informed us that there were three separate job cards associated with this MHA. The first incident was a missing person report at 50 Child St, with the CR #20-061276. The second incident was a criminal mischief/attempted burglary that occurred at 767 W Main St, RPD CR#20-061277, and the third incident was an MHA arrest that occurred at 435 Jefferson Av, RPD CR#20-061280. We were told to compile the majority of our paperwork under the third crime report number, 20-061280. At 0300 hr., Joe Prude called 911 from 50 Child St (RPD CR#20-061276) to report that his brother, Daniel Prude, had left the house after just being released from Strong Hospital where he had been admitted for suicidal thoughts. Joe Prude reported that his brother was not wearing any shoes and he was only wearing long johns and a white tank-top. Joe Prude was afraid that his brother had run up to the railroad tracks. Officer Mark Vaughn was dispatched to the job and was speaking with Joe Prude when a call came into ECD at 0309 hr. for a burglary alarm at 767 W. Main St (RPD CR#20-061277). As officers were heading for the burglary alarm at 767 W. Main St, a tow truck driver by the name of Justin Jonathan called 911 from his cell phone ) to report that there was a male near the intersection of W Main St and Jefferson Av who had no clothes on with blood all over him. Justin Jonathan said that the male was trying to break into a car and was saying that he had the coronavirus. Justin Jonathan said that the male just ran off and was last seen running south on Jefferson Av. Lt. Perkowski told us that Officers Mark Vaughn, Paul Ricotta, Andrew Specksgoor, Josiah Harris, Troy Talladay and Sgt. Michael Magri were all in the area and responded. They found a naked male in the street at the intersection of Jefferson Av and Cady St (435 Jefferson Av) and took the male into custody. One of the officers (later identified as Officer Mark Vaughn) pointed a Taser at the subject and ordered him to the ground for handcuffing and the subject complied. He was handcuffed without any use of force. According to the ECD job card, Officer A. Specksgoor called one in custody for an MHA at 0319 hr. The male then sat upright and began to spit at officers and attempted to get up. The officers applied a spit sock and laid the subject prone on the ground, stabilizing him until the arrival of AMR. While stabilizing him, he vomited and then went unresponsive. According to AMR, there was no pulse and CPR was required during transport to Strong Hospital. The subject was identified as Daniel Prude, a male with the date of birth He recently moved to Rochester to stay with his brother, Joe Prude, at Information was that Daniel Prude had been transported to Strong Hospital on 03/22/2020 at approximately 1920 hr. for a mental health evaluation. According to Joe Prude, he was only at the hospital for a few hours when he returned to at around 11 PM. HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 4 2 2020-00061280 4 Inv. R. Benjamin and I went to Strong Hospital at around 1030 hr. to check on the status of Daniel Prude. When we arrived in the E.D. we were informed that Prude was in the Intensive Care Unit, 4-2800. We went to that unit and spoke with the nurse manager, Alexandra Cilano ( ). She told us that she could not provide specific information about Daniel Prude’s health due to HIPA laws. She did offer that since Prude is being treated in the ICU his condition is considered “Critical” but he was in stable condition. Although Cilano was guarded with the information on Prude, I learned that he was on a breathing tube and was not allowed any visitors (due to CoVID-19 procedures). Cilano referred us to the Public Safety supervisor at 585-275-3333 for further information. Inv. Benjamin and I then relocated from Strong Hospital to to make contact with the family of Daniel Prude. We met with Joe Prude (m/B, ) and his wife, Valerie Stotts (f/W, ). They indicated that they had tried to see Daniel Prude at Strong Hospital but were denied access due to the Coronavirus quarantine. Stotts said that she spoke with a Doctor on the phone (she could not provide the Doctor’s name during our interview) and the Doctor told them that Daniel had been without oxygen for an extended period of time and he would likely be “brain dead”. Stotts and Prude stated that they had contacted an attorney and they were quite angry that Daniel Prude had been released from Strong Psychiatric after such a brief period of time. Inv. Benjamin and I then went to AMR Ambulance Corp, 811 West Av, Phone 585-777-7777, to try to speak with the ambulance personnel who attended to Daniel Prude. We met with a shift supervisor there who told us that none of the crew that had been on around 0300 hr. were still working. We provided contact information to him to relay to ambulance personnel Julie Purick and Sean O’Donnell. At approximately 1215 hr., Valerie Stott contact Inv. Benjamin by phone to provide the name of the Doctor at Strong Hospital that they had talked to. That Doctor’s name is Dr. Soniwara. Inv. Benjamin and I then drove to to meet with Justin Jonathan (the 911 caller for the possible 10-78 at W. Main St and Jefferson Av). Jonathan told us that he is a tow truck operator for Gates Towing. He was working a towing job at an alley near the intersection of W Main St and Jefferson Av when a male black, about 40 years old, approached him and asked him to call 911. Jonathan said that the male was claiming to have the Coronavirus. Jonathan said that the male had blood on his feet and his stomach. The male tried to open a locked car door on a blue minivan that was parked in the area. Then, the male got down on his knees and begged Jonathan to call 911. Jonathan told him that he was already on the phone with 911. Jonathan said that when he told the man this, the man said something to the effect of “Oh shit, I gotta’ leave” and the male started to run down W. Main St to Jefferson Av and then turned southbound on Jefferson Av. Jonathan said that the police arrived in the area and he went back to work towing the vehicle he was there for. Jonathan said that after he hooked the vehicle up he looked down Jefferson Av and saw several police cars and a few police officers standing around the male, who was laying on his side on the ground. Jonathan said that it appeared that the male was handcuffed with a light colored hood over his head. Jonathan drove around the block and again looked down the street briefly at the scene. He could see a few police officers crowded around the male on the ground (who he said appeared to be on his side) and he could see that there was an ambulance on scene and a fire truck. Jonathan said that he stayed in his truck and did not spend much time watching what was going on. AT 1430 hr., Inv. Carbonel and I returned to the area of 435 Jefferson Av to conduct a neighborhood check of the area between Cady St and Dr. Samuel McCree Way (refer to IAR submitted by Inv. Carbonel regarding details of this neighborhood check). At 1511 hr., Julie Purick called and made arrangements to meet with Inv. Benjamin and me at the PSB at 5 PM. At 1625 hr., I spoke with University of Rochester/Strong Hospital Security Supervisor Kay Power ( ). She asked if Daniel Prude was a suspect, witness or victim. I told her that Prude had been transported to Strong Hospital as a Mental Hygiene Arrest, but there could be criminal charges filed against him when he is released. I told Power that we would like to interview Prude, when and if possible. Power told me that she would advise me when Prude is discharged or HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 2 OF 4 3 2020-00061280 4 moved to another unit. AT 1650 hr., Inv. Benjamin and I met with AMR paramedic Julie Purick (f/W, ). She informed us that she was working the shift starting at 1745 hr. on 03/22/2020 with EMT Brett Barnes in Rig #7989. Shortly after 3 am they were dispatched to the area of W. Main St and Jefferson Av for a psychiatric call. The details were that there was a bloody male running in the street naked. They arrived in the area at 0313 hr. and staged at Nick Tahoe’s, 320 W Main St. They were called in to the scene at 0318 hr. The drove westbound on W Main St and turned southbound on Jefferson Av, arriving at 0320 hr. Brett Barnes retrieved the stretcher while Purick approached RPD. As she approached RPD one of the officers asked her if she was grabbing the gurney because the subject was fighting. Purick said that she could see the subject actively resisting and attempted to get up. She could hear the subject talking incoherently. She said the subject had a spit sock on. She told the officer she was going to get a medication to sedate the subject. She stated that her observations of the subject were that he could be experiencing “excited delirium”, which she described as a condition in which the subject is experiencing agitation and aggression; increased heart rate and respiration; overheating (which she stated would explain the subject being naked on a night when temperatures were around 32 degrees with mixed snow and precipitation); sweating, flushed appearance; excessive strength, a high tolerance for pain and incoherent speech. She indicated that excited delirium is commonly associated with drug use like cocaine and PCP. As Purick was going to get the medication to calm the subject the patient went silent. She heard Brett Barnes say that she was needed, and she heard Brett Barnes tell the officers to roll the subject over and remove the handcuffs. There was a moment while the officers were trying to find a handcuff key, and Barnes and Purick started CPR. When the officers found a handcuff key, they rolled the patient over and took the cuffs off and then continued to perform CPR. The subject was transported to the gurney and put into the back of the ambulance, where Epinephrine and Sodium Bicarbonate were administered. The patient was then intubated and at 0341 hr. the patient’s heart began to beat on its own. They transported Daniel Prude to Strong Hospital and arrived at 0347 hrs. On Tuesday, March 24, 2020, at approximately 1100 hr., I went to the Family Dollar located at 715 W. Main St. I spoke with the store manager, Tonya Greenlea ( ). She indicated that the store does have exterior cameras in good working order and that RPD Technicians could have access to the system if they called or met with her before 3 PM. I relayed this information to Sgt. Zenelovic who made arrangements for a technician to respond. I checked the corner store located at 613 W Main St and spoke with the clerk, Mahamed Algohaim. He told me the exterior cameras at the location were in good working order and he had the passcode for the camera system, although he claimed not to know how to download video files from the system. He provided a phone number of 585-270-4559 for the store and told me that he would be there all afternoon if a technician wanted to stop by. I also found video footage available at the corner store located at 259 Jefferson Av (The Clifton Food Market). I spoke with Hani Muthana who told me that his video system is always available to the police. I told him that a technician would be stopping in to retrieve about ten minutes worth of video. Arrangements were made for the technician to stop by both location after downloading the video from the Family Dollar. Other locations that were check with negative results were as follows: Mason’s Deli, 396 Jefferson Av, Phone 585-235-3168. Female at location told me that the cameras are not recording. The Seventh-Day Adventist Church, 309 Jefferson Av. There was no answer at the location. Nichol’s Brother’s Collision, 705 W. Main St, Phone #585-235-0897. I spoke with an employee there named John who told me the exterior cameras affixed to the shop do not record. On 03/24/2020 I was in contact with Strong Hospital Security (Kay Power). She indicated that there has been no change in the status of Daniel Prude. He is still listed in guarded condition in the ICU, intubated and unable to be interviewed. She HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 3 OF 4 4 2020-00061280 4 informed me that if his status changes she will advise. On March 26, 2020 at approximately 0930 hr. I contacted Strong Memorial Hospital to inquire about the medical records that had been subpoenaed by ADA Duckles. She indicated that the hospital’s Copy Services division had been instructed to send the records to ADA Duckles by March 26, 2020. The hospital’s order number for this request is #6262362500. As of the afternoon of 03/26/2020 I had not further involvement in the investigation. HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 4 OF 4 1 2020-00061280 1 435 Jefferson AVE 233 03/23/2020 03:11 On 03/23/20, I assisted with the above incident. At 0810 hrs., I located the suspect's white tank top on the sidewalk, in front of 767 W.Main Street. Technician Mueller responded and collected it. FRYE THOMAS 1827 03/27/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 3 PRUDE, DANIEL 435 Jefferon AVE Rochester 233 03/23/2020 03:11 No ON 3/23/20 DURING 2ND PLATOON ROLL CALL RO WAS ASSIGNED TO ASSIST WITH THE FOLLOW UP OF THIS ONGOING INVESTIGATION. RO WAS TASKED WITH CHECKING THE CAMERAS IN THE AREA OF W. MAIN ST/HENION ST. RO CALLED THE CAMERA ROOM AS THERE IS A CITY BLUE LIGHT CAMERA AT THE CORNER OF W. MAIN ST AND HENION ST. RO SPOKE WITH PSA HETZLER WHO CHECKED THE CAMERA AND STATED THAT BETWEEN 0300HRS AND 0301HRS THE MALE WAS SEEN ON CAMERA. HE WAS IN THE VALERO GAS STATION LOT (799 W MAIN ST) ACTING TUMULTUOUS THEN LEFT THE FRAME. HE WAS WEARING THE DARK COLORED LONG JOHNS AND WHITE TANK TOP. HETZLER BOOKMARKED THE VIDEO AND DOWNLOADED IT TO A HARD COPY THAT WAS TURNED INTO THE PROPERTY CLERKS OFFICE. THAT PARKING LOT IS NEXT TO THE 767 (METROPCS) AND 781 (HAIR BIZZ) W. MAIN ST SHARED PARKING LOT. Not Applicable (non-crime) GONZALEZ ANTONIO 1394 03/23/2020 ZENELOVIC, FLAMUR 03/23/2020 IAR Case Update Page 1 OF 3 2 2020-00061280 3 AT 0309HRS THE ALARM CALL FOR SERVICE CAME IN FOR 767 W MAIN ST(METRO PCS) AS THE GLASS BREAK DETECTOR WAS TRIGGERED. 1ST PLATOON OFFICERS ARRIVED ONSCENE AND CONFIRMED THAT THE GLASS WINDOW WAS BROKEN AND REQUESTED A BOARD UP. *NOTE 2ND PLATOON OFC. T. FRYE LOCATED A BLOODY WHITE TANK TOP ON THE W. MAIN ST SIDEWALK IN FRONT OF METRO PCS AT 0730HRS RO RESPONDED TO 767 W MAIN ST AND SPOKE WITH (PK1) WHO IS THE STORE OWNER OF METROPCS AND HE STATED THAT THE CAMERAS IN THE PARKING LOT ARE RUN BY THE FOLKS WHO OWN THE HAIR BIZZ. HE DID NOT HAVE THEIR CONTACT INFORMATION BUT HE STATED THAT THEY OPEN UP AT 1000HRS. RO CHECKED THE HAIR BIZZ SEVERAL TIMES AFTER 1000HRS BUT THE BUSINESS REMAINED CLOSED. THERE WAS NO CONTACT INFORMATION POSTED ON THEIR DOOR OR WINDOWS. RO HAD ADMIN CHANNEL 5 SEARCH FOR THEIR CONTACT INFO WITH NEGATIVE RESULTS. RO CHECKED LERMS FOR 'HAIR BIZZ' BUT THE ONLY ENTRY WAS A DIFFERENT LOCATION FROM 2010. CONTINUANCE OF A NON CRIMINAL INCIDENT. GONZALEZ ANTONIO 1394 03/23/2020 ZENELOVIC, FLAMUR 03/23/2020 IAR Case Update Page 2 OF 3 3 2020-00061280 3 PK NAHSHEL, MOHAMMED GONZALEZ M ANTONIO 1394 A N Y 14611 03/23/2020 ZENELOVIC, FLAMUR 03/23/2020 IAR Case Update Page 3 OF 3 1 2020-00061280 1 435 JEFFERSON AVE 03/23/2020 03:11 233 N/A On 03/23/20 at or about 0300 hrs I responded to the area of Jefferson Ave/W Main St for the report of a male running around naked stating that he had the COVID-19 virus. While in the area, officers did locate the male who was later identified as (S) Daniel Prude. Once I arrived, (S) Prude was handcuffed and laying naked in the middle of the street, in front of the above location. While officers were waiting for the arrival of AMR, (S) Prude began to state that he wanted to take an officers gun and attempted to get off the ground and come toward officers. (S) Prude was controlled by officers. I then left the location and responded to another priority job involving a male with a knife. I returned to the above location around 0330 hrs. Once I arrived, (S) Prude was already on the ambulance (#7989). The following AMR staff were at the scene: -Paramedic, Julie Purick -Paramedic, Sean O'Donnell -EMT, Brett Barnes -Supervisor, Melissa Greek-Rouse -Supervisor, McKenzie Moranz I then followed AMR to SMH where he received treatment from Dr. Tenney and SMH staff in the emergency department. While at the hospital I took the following photos of (S) Prude: -left foot showing a laceration -right foot showing a laceration -right forearm and bicep area showing an abrasion -left shin area showing a contusion -left hand with laceration (S) Prude was transported to room 4.1818 (#4). I remained with Prude until Sgt. Magri informed me to secure. At the time of this report, (S) Prude remained in critical condition. No further information. HARRIS JOSIAH 2279 03/24/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 1 metro pc 767 W MAIN ST 03/23/2020 03:10 213 criminal mischief RO RESPONDED TO 424 JEFFERSON AVENUE TO ATTEMPT TO LOCATE VIDEO. ON SCENE RO SPOKE TO THE OWNER THAT OPENS THE STORE IN THE MORNING. HE SAID HE DOES NOT KNOW HOW TO WORK THE CAMERAS HOWEVER HIS SON COMES IN TO WORK AT THREE AND CAN HELP WITH THE CAMERAS AT THAT TIME. LARUEZ JAMES 1787 03/25/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 1 --- 435 Jefferson AVE 03/23/2020 03:11 233 MHL 9.41 On Monday 03/23/2020 I was tasked with checking the area of Jefferson Ave from Dr Samuel McCree Way north to W Main St for clothing worn by mental hygiene arrestee Daniel Prude . The clothing consisting long underwear and a white tank top that was reportedly removed by Prude prior to police contact and the subsequent MHA. I did locate a pair of black long underwear in the roadway on Jefferson Ave at Adams St at approximately 0750hrs. I requested a tech to respond. Tech Ofc Mueller promptly responded to photograph and collect the same. SERINIS TED 1605 03/23/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 1 PRUDE, DANIEL 435 Jefferson AVE 233 03/23/2020 03:11 On 03/23/2020, at 0311 hours, I responded to for a report of a male who ran out of the house. Upon arriving on scene I made contact with Joe Prude. Joe stated his brother, Daniel Prude, just ran out of the back door of the house without explanation. Joe advised Daniel was wearing only a white tank top and black long johns, with no shoes or jacket. Joe stated Daniel had returned to the residence at approximately 2100 hours from being MHA'd earlier in the day. Joe said Daniel is known to abuse PCP. Joe said Daniel said he wanted to kill himself and threw himself down a flight of stairs earlier in the day. Joe stated since returning to the residence Daniel had acted calm, not made suicidal statements, and had not used any substances to his knowledge. Joe said Daniel did not have a history of suicide attempts before today. As I was speaking with Joe, Dispatch advised they received a call about a male in the area of Jefferson Ave and West Main St, running down the road in only blue pants and no shirt. Joe immediately stated the call was probably his brother Daniel. I responded to the area of 435 Jefferson Ave, where officers had located and detained the male. I observed the male to be naked, handcuffed, and laying on the middle of Jefferson Avenue. I asked the male if he was Daniel Prude and the male advised he was Daniel Prude. I observed Daniel to have minor lacerations on his body. Daniel was yelling and rolling around on the ground while waiting for AMR to arrive on scene. Daniel asked officers several times to give him one of their guns. Daniel was officially MHA'd at 0319 hours. At this point I returned to my patrol vehicle to begin MHA paperwork. As I was completing the MHA paperwork AMR arrived on scene. I positioned my patrol vehicle behind the AMR ambulance to prepare to follow them to Strong Hospital. At this time I looked up and observed AMR performing CPR on Daniel. Daniel was transported to Strong Hospital by AMR. I set up tape around the scene. I responded to to maintain custody of the residence. I cleared the scene when directed by Lt Tordai. Nothing further to report at this time. SPECKSGOOR ANDREW 2792 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 1 Prude, Daniel 435 Jefferon AVE 233 03/23/2020 03:11 On 3/23/20 at approximately 0300 hours I responded to the area of CR 20-061272) for the report of a male wearing a white tank top and long johns that had run from the location in an unknown direction. Prude was previously MHA'd at Strong Hospital earlier in the day for being suicidal. It was broadcasted by officers who spoke with Prudes brother that he was on PCP. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. A third call came in for a black male wearing blue pants and no shirt in the area of Jefferson Ave/W Main St. I responded to the area and continued South down Jefferson Ave looking for the male. Prude was located by Ofc. Vaughn in the area of 435 Jefferson Ave. While Prude was handcuffed on the ground I instructed him to stay on the ground while waiting for AMR to respond. Prude made comments about wanting my gun, attempting to spit on me and then attempted to stand up. I used force to keep Prude on the ground while waiting for AMR, see SRR. While waiting for AMR to get the gurney off the rig, I observed Prude become unresponsive. AMR then began to treat him. AMR stopped chest compressions for a moment and rolled Prude over on his left side so I could remove the handcuffs and he could continue receiving treatment. TALADAY TROY 2794 03/24/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 1 435 Jefferson AVE 03/23/2020 03:11 233 N/A On 3/23/20 at approximately 0300,I responded to the area of Jefferson Ave/ W Main st for the call of a male running down the street bloody and no shirt. It was believed that it was in relation to a suspicious persons at and possibly the burglary at 767 W Main St (CR# 20-061276). While checking the area I heard officers call out that they had the male at Jefferson and McCree. While pulling up to that location they called out that he was in custody. I parked my patrol vehicle and approached on foot. I observed the male on the ground with officers standing around him. At this time the male was completely naked and handcuffed behind his back. I requested AMR to respond to the location for the MHA. While waiting for the ambulance to arrive the male stayed on the ground but was continuously yelling. He was also sticking his hand between his butt checks and stating he had "shit" on his hands and he was going to eat it. He continued yelling various things towards officers and asked for their guns. At one point the male attempted to get up and officers moved in to ground stabilize him. The male was still yelling and AMR eventually arrived. AMR exited and officers believed the male may have stopped breathing. They rolled him onto his side and confirmed their observations. AMR then began lifesaving measures on the male. AMR then transported the male to Strong Memorial Hospital and I had no further contact with the male. I was later told that the male was Daniel Prude who was in fact the male from the original call at MAGRI MICHAEL 1673 03/24/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 1 OF 1 1 2020-00061280 3 City of Rochester 435 Jefferson AVE 03/23/2020 03:11 233 MHA/Burg 3rd On 03/23/20 at approximately 0910 hrs I met with Lt. Perkowski at the Public Safety Building. He assigned me to coordinate an investigation involving an MHA/Burglary which occurred at approximately 0315hrs at 435 Jefferson Ave. The involved suspect, identified as Daniel Prude, lost consciousness during the incident while officers were stabilizing him on the ground. I assigned investigators Houlihan and Benjamin as the lead investigators and we were briefed by Lt. Perkowski. We learned that Genesee Section Officers were dispatched to a 911 call at regarding an MHA. Joe Prude reported that his brother, Daniel Prude, was using drugs and was suicidal, and left the location on foot. Officers also learned from Joe Prude that Daniel Prude was taken into custody for a Mental Hygiene Arrest on 03/22/20 by RPD Officers at approximately 1900 hrs. I also learned that Prude had traveled to New York on Amtrak and was directed to leave the train at the Depew NY Train station due to his unruly behavior. While officers were looking for Daniel Prude, they were made aware of a 911 call reporting a burglary alarm at 767 W. Main St. Upon arrival officers found forced entry at that location. Another 911 call came in for the report of a male covered in blood claiming to have corona virus running down Jefferson Ave. Officer’s Vaughn, Talladay and F. Santiago located a male who they determined to be Daniel Prude in the street at 435 Jefferson Ave. Daniel Prude was ordered to the ground and detained without incident. At the time he was located Prude was naked. While waiting for the AMR ambulance to respond Prude began spitting and officers placed a spit sock over his head to minimize the potential of exposure to officers. At some point Prude tried to stand from a seated position telling an officer to give him his gun. Officers Vaughn and Talladay directed Prude to a prone position and stabilized him. It was during the period that Prude was restrained that he apparently vomited and fell unconscious. An ambulance arrived shortly after officers located Prude. The paramedics performed CPR on Prude and ultimately reestablishing a heartbeat. Prude was transported to Strong Memorial Hospital where he was listed in critical condition. All three officers are assigned body cameras and I learned they had their body cameras activated during the incident. Their cameras had been docked and the footage uploaded to C3. I learned that Sgt. M. Magri and Officer J. Harris were at the 435 Jefferson Ave. scene arriving after Prude was detained. They did not have any physical contact with Prude. They are also assigned body worn cameras and had them activated during the incident. The BWC footage was downloaded to C3. The following officers also responded to either the call, the 767 W. Main Street call, or responded to the area of 435 Jefferson Ave. to assist with traffic points, tech work or assisted with other assignments. Those officers include: Lt. L. Tordai Lt. G. Bello Sgt. N. Tamburello Sgt. E. Rathfelder Sgt. E. Weigel Sgt. R. Romig ZENELOVIC FLAMUR 1543 04/27/2020 JOSEPH, DAVID A. IAR Narrative Only Page 1 OF 3 2 2020-00061280 3 Ofc. A. Jackson Ofc. G. Rivera Ofc. H. Bellot Ofc. M. Brongo Ofc. J. Breen Ofc. P. Ricotta Ofc. A. Specksgoor Ofc. Algarin Inv. M. Hill Inv. B. Gotham Tech. R. Radell We viewed the body camera footage from Officers Vaughn, Talladay, Santiago, Harris, and Sgt. Magri. The recorded video footage should be viewed for more details. I was advised by Lt. Perkowski that the involved officers completed their reports including subject resistance reports prior to the end of their tour of duty. Copies of said reports were sent to my office for review. I contacted the Emergency Communications Department and requested copies of all 911 calls and related job cards. They were later reviewed and made part of the case file. I requested the Monroe Crime Analysis Center follow up with the Erie Crime Analysis Center to obtain copies of any police related reports or dispatch cards. I received via e-mail complaint information forms from the Cheektowaga, Depew and Orchard Park Police departments. All three agencies had some form of contact with Daniel Prude on 03/22/20 while he was in the Buffalo area. I was updated by Genesee Section Sgt. Ince on the status of the neighborhood check conducted by second platoon Officers A. Gonzalez, J. Laurez, T. Serinis and T. Frye. I learned that a white T-shirt and a pair of blue long johns believed to belong to Daniel Prude were located during the neighborhood canvass. Those items were recovered by Technicians and turned into evidence. See reports by the officers for more information. I also assigned several video retrieval requests for the technicians to follow up on. Video was retrieved from 259 and 422 Jefferson Ave., as well as 613, 715, 767, 781, and 799 West Main Street. I downloaded video footage from blue light cameras located at Child Street-Danforth Street and W. Main-Henion Street. The video was reviewed and a basic timeline was established of Daniel Prude’s travel from the time he left the area of 50 Child Street until he was stopped by officers at 435 Jefferson Ave. I requested Matt Ehlers from the Body Worn Camera Office create a video compilation encompassing clips of surveillance video which capture Daniel Prude’s travels. The video compilation was completed on April 20th and has been made part of the case file. On April 14th, I spoke to Officer Curt Blizzard, telephone # , who is an Amtrak Police Officer. At the time of our phone call Amtrak had no documented reports regarding the interaction with Daniel Prude other than the fact that he was told to leave the train. Officer Blizzard said the Depew Police Department normally handle calls if Amtrak Officers are not available to respond to the train station. On April 16th I was advised by 1st Assistant District Attorney Perry Duckles that this investigation falls under the jurisdiction of the New York State Attorney General’s Office. The Monroe County District Attorney’s Office will ZENELOVIC FLAMUR 1543 04/27/2020 JOSEPH, DAVID A. IAR Narrative Only Page 2 OF 3 3 2020-00061280 3 no longer be involved in this investigation. I spoke with Jennifer Sommers who explained her office would have jurisdiction over this case based on Executive Order No. 147 and would be assigning an investigator. I provided a copy of all reports to her office by e-mail. On Friday April 17, I provided a copy of all documents, video and photographs via an external hard drive. I obtained a copy of training records relative to trained techniques used by Officers Vaughn, Taladay and Santiago. The techniques used to stabilize Prude on the ground include segmenting, knee on top, and leg control were topics covered during RPD’s 2020 Winter In-Service. All officers attending the in-service training had to demonstrate proficiency on multiple techniques. See below for more details. Mark Vaughn attended in-service on 02/20/20 and the proficiency test was administered by Defensive Tactics Instructor Officer Justin Trzcinski IBM #2197. Officer Vaughn was also trained on the techniques and evaluated as part of his duties with the SWAT team 08/13/19 by Defensive Tactics Instructor Don Wasser IBM #1782. Troy Taladay attended in-service on 01/22/20 and the proficiency test was administered by Defensive Tactics Instructor Officer Chris Renz IBM #1081. Officer Taladay was also trained on the techniques while he was in the academy on 10/10/18, 10/15/18 and 12/13/18. Francisco Santiago attended in-service on 02/14/20 and the proficiency test was administered by Defensive Tactics Instructor Officer Chris Renz IBM #1081. Please see copies of the training materials and copies attendance sheets including in the case file. 2020 Defensive Tactics Lesson Plan Public Safety Training Facility Defensive Tactics Training Manual Basic Course for Police Officers Defensive Tactics and Principles of Control Manual 2020 Defensive Tactics Instructor In-Service Schedule 2020 Winter In-Service Defensive Tactics Training Attendance Form DCJS/DT Program Proficiency Test, Winter In-Service 2020 Form DT Program Schedule for Class #66 A Platoon DCJS DTI Manual Additional training records related to when Officer Vaughn received training on the hypoglossal pain compliance control technique are maintained by the Public Safety Training Center and are currently unavailable. The training center is closed as on 04/20/20 due to the Covid-19 shutdown. Investigator’s Houlihan, Benjamin and I conducted a complete review of body worn camera footage, surveillance video footage, as well as the reports and interviews of the involved officers and paramedics. Based upon the investigation, the officers’ actions and conduct displayed when dealing with Prude appear to be appropriate and consistent with their training. ZENELOVIC FLAMUR 1543 04/27/2020 JOSEPH, DAVID A. IAR Narrative Only Page 3 OF 3 1 2020-00061280 3 IR- Non-Criminal Incident 03/23/2020 03:11 03/23/2020 435 Jefferson AVE 03:11 03/23/2020 03:11 233 Yes RP Jonathan, Justin PK Prude, Joe M M W B N N Rochester, NY S Arrestee Prude, Daniel 41 NY 5' 10 230 Bald Medium Naked B N NEW Heavy Apparently Normal Not Applicable (non-crime) VAUGHN M MARK Patrol - Genesee 2333 CID 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 1 OF 3 2 2020-00061280 3 Seized Evidence BWC Video Video Recorded by IBM: xxxx 1 VAUGHN Item(s) MARK 2333 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 2 OF 3 3 2020-00061280 3 On 3/23/20 at approximately 0300 hours I responded to the area of . (CR 20-061272) for the report of a male wearing a white tank top and long johns that had run from the location in an unknown direction. Officers were informed by Prude's brother Joe Prude that he was on PCP. Prude was previously MHA'd at Strong Hospital earlier in the day for being suicidal. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. Officers were then dispatched to the area of Jefferson Ave and W. Main St. for a black male in blue pants covered in blood. I immediately relocated to Jefferson Ave where I spoke with Justin Jonathan, a tow truck driver, who stated that he saw a black male running in front of cars, screaming to call the police, and saying that he had the Corona Virus. Jonathan stated that the male ran southbound on Jefferson Ave and was a few blocks down. I located Prude in the area of 435 Jefferson Ave when I observed him running in traffic and then grabbing items, throwing them into the street. I ordered Prude to the ground and took him into custody without incident. Officers stood by while waiting for AMR to arrive for an MHA. Prude told officers several times to give him their guns and eventually told Officer Taladay to give him his gun, while getting up in his direction. Officers used force to restrain Prude until the ambulance arrived on scene, see SRR. While waiting for AMR to pull the Gurney from the ambulance Prude became unresponsive and AMR immediately began treating him. AMR then transported Prude to Strong Hospital. Officer Harris followed the ambulance to Strong, see IAR. Technician Radell responded to the scene, see tech sheet. Officers were later able to locate the clothing that Prude discarded and obtained video footage of Prude breaking the window at 767 W. Main St. Non-Criminal Incident VAUGHN MARK 2333 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 3 OF 3 [:ICheck if Taser was deployed SUBJECT Page 1 of 2_ 1. LAST NAME FIRST NAME MI. 2. DATE 3. TIME 4. CR PRUDE DANIEL 3/23/20 0320 20-061230 DOB a. SEX 7. RACE 3. HEIGHT WEIGHT 10. INCIDENT LOCATION BEAT Male Black 510? 230 43s JEFFERSON AVE 233 11. El NO Release approved by: YES Charges: MHA 9.41 12. ACTIONS 13. TACTIC EFFECTIVENESS Subject resisted by (check all Check the appropriate box indicating whether the tactic was used. If the tactic was used. write the number that apply and explain in the (1, 2, indicating what order the tactics were used in column one. In column two. write for narrative) Effective, ME for Moderately Effective and NE for Not Effective. Order Effectiveness Ordrer Effectiveness Avoiding Custody (May include' Non response El Verbal Bi-Lateral Compression verbal refusal, using body as, Mandibular Angle El Arm LOCK w/Baton ?dead weight," running/walking El Hypoglossal Nerve El Front Jab w/Baton away, bracing/tensi?g body. In ular Notch Rear Jab w/ Baton ullin k' gody imm Clavical Notch Forward Strike Brachial Stun Middle Strike Assaultive El Suprascapular Stun Reverse Strike (May Fighting Stan'cea Jab Strong Side Horizontal Strike combative approach-punching, Front Kick Support Side Horizontal Strike kicking, biting, tackling) . Stralght Punch El Imminent Threat of El Angle Kick Deadly Physical Force/Serious Forearm Strike Physical Injury (SP1) - (May include: Using or '3 Kn?e Stnke El 0C threatening to use a ?rearmledged El Spear . Taser weapon/contact weapon in close Hooking echmque Bean Bag PfOKimitr or while Glosing the El Ground Stabilization 1 El Hand Gun dIStanc?I?ldangemus "ismmiem. . 3-P0int Landing, El Long Gun under Circumstances readily capable of SP1 or death. JOlnt manipulation) Other: Air/blood choke which creates an Other: imminent risk of SP1 or death. Impacts w/o weapon which creates an imminent risk Of death or other l4. Narrative If ojj?icer is in plainclothes, describe own clothing. {maids} used on subject were inefectr've, explain reason(s) why.) ON THE ABOVE DATE AND TIME I ASSISTED GENESEE SECTION OFFICERS WITH A 78 CALL. SUSPECT WAS A WITH NO SHIRT ON AND LAST SEEN RUNNING ON JEFFERSON AVE. WHEN I ARRIVED IN THE AREA OF JEFFERSON MCREE ST WAS ALREADY IN CUSTODY, COMPLETELY NAKED, LAYING ON THE GROUND AND YELLING. WAS YELLING THAT HE HAD THE CORONA VIRUS AND THAT HE WANTED MY GUN. THEN BEGAN TO SPIT TOWARDS AND IN RANGE OF OFFICERS WHILE ON THE GROUND. THEN SHIFTED TO A SITTING POSITION. AT THIS POINT MADE A MOTION AS IF HE WAS GOING TO ATTEMPT TO STAND UP. WAS THEN POSITIONED BACK IN A LAYING POSITION .BY OFFICERS. WHILE OFFICER VAUGHN AND TALADAY WERE PERFORMING GROUND STABALIZATION TECHNIQUES, I OBSERVED WAS KICKING HIS LEGS BACK AND FORTH IN AN ATTEMPT TO BREAK LOOSE. I THEN TOOK HOLD OF LEFT ANKLE WITH MY LEFT HAND AND TOOK-HOLD OF RIGHT ANKLE WITH MY RIGHT HAND. I PLACED RIGHT ANKLE OVER HIS LEFT ANKLE AND THEN APPLIED PRESSURE TO RIGHT CALF WITH MY LEFT SHIN. THIS WAS EFFECTIVE AND PREVENTED FROM KICKING OR ATTEMPTING TO GET UP. ONCE IT WAS REALIZED THAT BREATHING I COMPLETLEY LIFTED MY BODY WEIGHT OFF OF S. THE ONLY OTHER TIME I HAD CONTACT WITH WAS WHEN I ASSISTED IN PLACING ON THE GURNEY, WHICH INVOLVED GRABBING LEGS AND WITH THE ASSISTANCE OF OFFICERS AND AMR CREW, LIFT ING AND THEN PLACING ON THE GURNEY. u? Of?cer: Primary Officer Assisting Officer Name: FSANTIAGO um ?'13 DCheck if Taser was deployed ?it? SUBJECT Baas LOW 1. LAST NAME FIRST NAME Tan. 2. DATE 3. TIME 4. CR Prude Daniel 1 3/23/20 0320 20061280 RACE 8. HEIGHT 9. WEIGHT 10. IN LOCATION BEA 1 . Male i Black 5'10 230 435 Jefferson Ave 233 ?Il. Release approved by: . YES Charges: MHA 9.41 12. ACTIONS 13. TACTIC EFFECTIVENESS Subject resisted by (check all Check the appropriate box indicating whether the tactic was used. If the tactic was used, write the number that apply and explain in the 2, indicating what order the tactics were used in column one. In column two, write for . narrative) Effective, ME for Moderately E?ectt?ve and NE for Effective. I I Order l3ffectiven_ess__ Ordei _Effectiveness . - Avoiding Custody Deadly Physical Force/Serious Forearm Strike (May include Non response Verbal I NE Bi-Lateral Compression verbal refusal, using body 33' El Mandibular Angle Arm Lock w/Baton ?dead weight," running/walking Hypoglossal Nerve i Front ab w/Baton aw?y. bTaCi?E/t?nsing body, Jugular Notch Rear I ab w/ Baton Pu mg away? baking aims under Clavical Notch El Forward Strike ,onoa 0 Jec) Brachial Stun El Middle Strike Assaultive uprascapular Stun Reverse Strike (Mai: irtdudei Figh?i?g Stance. Jab Strong Side Horizontal Strike com atlve approac punching, - - - - kicking, biting, tackling) gifaIitgtIiillgimch Support Slde I-lorlzontal Strike Imminent Threat of Angle Kick Injury (SP1) Knee Strike El 0c (May Include: Usmg or . threatening to use a ?rearm/edged Spear I aser weapon/contact weapon in close Hooking Technique Bean Bag Pf0ximity or while dosing the Ground Stabilization 1 El Hand Gun d?Stanc?ijdangarous ?ismmicm. . (Le. 3~Point Landing, Long Gun under crrcumstances in which it is . . . . readily capable of SP1 or death. 101m manlpl?ath?) Other: Air/blood choke which creates an Other: imminent ?st: of SP1 or death. Impacts w/o weapon which creates an imminent risk of death or other SPI) 14. Narrative (If war is In plainclorhes, describe own. clothing. Iftacrids) used on subject were ine??ecrive, err?main regron?s) why.) On 03/23/20 at approximately 0300 hours I responded to the area of -for a suicidal male that was high on PCP and left the location. The male (A) was described as black wearing a white tank top, long jons and no shoes. I searched the area for (A) from my patrol car with negative results. A call for an alarm/break in came in at 767 W. Main Sta few minutes later and it was determined that there was a glass break at the location. A third call came in for a male that matched the previous description, headed s/b On Jefferson Ave. At approximately 0315 hours I located a male (A) matching the description near the intersection of Jefferson Ave/Mccree Way. (A) was handcuffed and continually tried to get up. I instructed (A) to remain on the ground while waiting for AMR to arrive on scene.(Tactic 1, NE) White (A) was handcuffed he began spitting in the direction of myself as well as stating "Gimme that gun!". (A) made a direct movement to get up in my direction after making comments about wanting my gun. I then placed my right knee on the center of back. I then grabbed the right wrist of (A) with my right hand and the right elbow of (A) with my left hand in order to stabalize his body (Tactic 2, E). Once (A) became less resistant I relieved pressure from his back and arm. I remained in a squatting position on the left side of (A) while I monitored inhalations by observing the movement in his back. It appeared that (A) was not breathing and then I rolled (A) over to his left side to help him recover. AMR immediately began life saving measures. While AMR was performing chest compressions, (A) was rolled over to his left side for a breif moment in order to give me access to uncuff him. AMR continued to perform life saving measures and transported (A) to Strong Hospital. I LOf?ccr: Primary Of?cer Assisting Of?cer . Name: Of?cer Troy :aladay 1133* 2794 I'nlirll TL. lrnnul Jul 11: :uI-uim-l Um-ia-I I 31"5' Uan SUBJECT 1. LAST NAME Prude 5. DOB 6.3133? - Male Black [:lCheck if Taser was deployed Page 1_rL3__' FIRST NAME M.I. 2. DATE 3. TIME 4. CR a - Daniel 3/23/20 0320 20-061280 8. 9. WEIGHT 10. INCIDENT LOCATION BEAT 5'10" 230 435 Jefferson Ave 133 11. NO Release approved by: YES Charges: MHL 12. ACTIONS Subject resisted by (check all that apply and explain in the narrative) Avoiding Custody (May include:- Non response, verbal refusal, using body as ?dead weight,? running/walking away, bracing/tensing body, pulling away, locking arms under body, holding onto a ?xed object) Assaultive (May include: Fighting stance, combative approach, punching, kicking, biting, tackling) Imminent Threat of Deadly Physical Force/Serious Physical Injury (SPI) (May include: Using or threatening to use a firearmfedged weapon/contact weapon in close proximity or while closing the distanceldangerous instrument under circumstances in which it is readily capable of SP1 or death. Air/blood choke which creates an imminent risk of SP1 or death. Impacts w/o weapon which Creates an imminent risk of death or other 13. TACTIC EFFECTIVENESS Check the appropriate box indicating whether the tactic was used. If the tactic was used, write the number (1, 2, indicating what order the tactics were used in column one. In column two, write for Effective, NEE for Moderately Effective and NE for Not Effective. Verbal Mandibular Angle Hypoglossal Nerve Jugular Notch Clavical Notch Brachial Stun Suprascapular Stun Jab From Kick Straight Punch Angle Kick Forearm Strike Knee Strike Spear Hooking Technique Ground Stabilization 3-Point Landing, joint manipulation) Order _Effectiveness INECI JED Cl El Ll ZED BivLateral Compression Arm Lock w/Baton Front ab w/Baton Rear ab w/ Baton Forward Strike Middle Strike Reverse Strike Strong Side Horizontal Strike Support Side Horizontal Strike 0C Taser Bean Bag Hand Gun Long- Gun Other: Other: _Order Effectiveness 1 I Of?cer: Primary Officer Assistinng?c?!? Pnlirn 0 TH Quhier?l Ronni-l Name: Of?cer Mark Vaughn DPT) 14. Narrative (ffo??r?cer is in plainclothes, describe own clothing. If maids) used on subject were ineffective, explain reason(s) why.) On 3/23/20 at approximately 0300 hours I responded to the area?for the report of a male wearing a white tank top and long johns that had run from the location. The male (Prude) was previously suicidal in the night and had been previously at Strong Hospital and officers were informed that Prude had used PCP. I then relocated to 767 W. Main St. for a burglary alarm and a broken storefront window when officers received another call for a male at Jefferson Ave and Main St. that was covered in blood and wearing blue pants. 1 Spoke with a tow truck driver who stated that the male was running in front of cars and was stating he had the corona virus. I located the male in the area of 435 Jefferson Ave running in front of vehicles and throwing objects into the road. I ordered the male to the ground and handcuffed him as trained. I noted that he appeared to be under the influence of an unknown drug. The male asked officers for their guns several times. The male continuously Spit in the direction of officers and due to the potential for contracting a virus, to include the Corona Virus I placed a spit sock on him. Prude continued to Spit through the spit sock in the direction of Officer Taladay. The male then said that he was going to kill everyone. The male once again began spitting at officers and said give me that gun" several times while attempting to get up in the direction of Officer Taladay. I moved towards the male and segmented his head while he was on his stomach. in)# 2333 IJr-u If] lo: ADDENDUM REPORT ROCHESTER POLICE DEPARTMENT CONTINUATION or SRH .7 NH 20 - 061280 3 VICTIMS NAME (LAST, IRST, MIDDLE) OR FIRM NAME IF BUSINESS 4 ADDRESS 5 SECT 6 DOW DATE OF INCIDENT Prude: Daniel 435 Jefferson Ave 3 Mon [23 20 BlangK 7 INDICATE BLOCK OR NUMBER IN LEFT MARGIN The male began spitting again and I performed a hypoglossal nerve technique left side of his jaw in order to prevent him from spitting on officers based on the fact that he had already previously spit through the spit sock. Once Prude became calm relieved downward pressure. I then noticed a clear liquid coming from Prude's mouth area and began observing his back in order to see his respirations. It appeared that Prude was not breathing properly and I had officers roll him to a recovery position on his left side. I then felt for his pulse, which I did not feel. AM R, who was already on scene immediately began life saving measures and transported Prude to Strong Hospital. ?10 XC TO 8 REPORTING OFFICER Mark Vaughn Il'l 2333 9 SUPERVISOR saw/wag/i?cj x29 73 __l?aae Injured! Cover 15- Name ID ti Assigned Video Height Weight Seetion_ _Pltn _Ii'niform Trgated Page I PRIMARY: Officer Mark Vaughn 2333 Yes Yes 5'10? 180 Genesee 151 Yes Yes Yes Officer Troy Taladay 2794 Yes Yes 5'13" liifi Genesis: 3.5.1. _Yt:s_ ?0 Yes Of?cer Franck Santiago 1723 Yes Yes 5'9" JED i Still} _Isl i\7_0 - i_ i . .. i_ WITNESSES Conduct a neighborhood check and indicate with code: Witness/Deposed; NI - Not Interviewed; N0 Interviewed/No Information; WR - Witness/Refused Deposition. DAY EVENING WITNESS ADDRESS PHONE PHONE CODE _Princess Sweet 445 Jeffigson Ave 426 Jefferson Ave 424 Jefferson Ave 428 Jefferson Ave MEDICAL Drugs 17. Sober Alcohol In?uence Intoxicated (alcohol) DNO Subject injured during incident: No Yes, describe: TASER probe penetration or drive stun marks oione are not considered an in juiy for Box I 9. Condition of subject: i8. Subject injured prior to incident: Yes, describe: Several lacerstions to the body 19. 20. TASER probe penetration: No Yes TASER Drive Stun: No Yes 21. If subject was exposed to O.C., was subject treated: No [3 Yes At hospital PSB Eyeviash Station 22. Hospitalization: No Reason: Yes TranSport via RPD Vehicle ii Ambulance Co./Veh ii 7989 Other 23. Hospital: Strong Hospital 24. Attending medical professional: Dr. Austin Tenney 25. Subject: Admitted Treated and Released No Treatment Refused 27. Witness to refusal: 26. Time of treatment/refusal: 350 NO hi] HI HI I?ll *Atmrii antiforward a copy ofaii depositions to P35 and PDS 23. Technician work performed: No Reason: Yes by: Radell Photos Diagram Other: Other: Investigative Action Photos of: Member(s) Subject Incident 29. Reports completed: Crime 30. Commanding Officer at scene: Tordai (DO NOT ATTACH) Prisoner Data Other: 9.41 HI REVIEWIDR Supervisor: 36?7 BWC Compliantn?i Yes El Addendum(s) Technician?s Report Cl CR 20- Dbil?i?! Rank: Lieutenant ADMINISTRATIVE REVIEW Section: Genesee [:17 N0M Date: _3/i9/12?97, Training Requested: CI No ?l 3? Section Taster Havicwmg Supervisor Date: Training Requested: Yrs? Platoon Con-.rnanding lLilil'iinzr Date: Training Requested: Yes' ill?r'f'i PF ?Him! in t'otnpiiunt'e with BWC requirements. refer to Section ij?ic?c'r for foiiow?irp. Rochester Police Department GO. 335 Subject Resistance Report RPD 1377 r: tl'ie Flair-Iron Commanding Officer inuresponsibic to ensure that Additional Training Report, RPD 1' 347. is i'm'ii' Iiir'rline'r Flhin Litre Rev. 10/2019 Town of Orchard Park Police Department Complaint Information Complaint# 20-009120 Date Received: 03/22/2020 Source: 4517 Description: ATTEMPT TO LOCATE Final Dispatch Code:4517 Description: ATTEMPT TO LOCATE Dispatch Code: 4295 S BUFFALO ST Street: Call Type: Tract: Street Code: Cross Street: Municipality: VOP Business: Call Back: Received: 12:44:16 Times: Dispatched:12:45:01 Arrived: 12:45:01 Completed: 12:45:01 Officers: Received By: Dispatcher: Report (follow up): Action Codes Notified: 1. 3. 2. 4. Associated Persons: SUB - PRUDE, DANIEL 03/22/20 12:43:56 03/22/20 12:43:58 131 131 03/22/20 12:44:15 131 03/22/20 12:44:56 03/22/20 12:45:01 131 131 Printed Date: 3/24/2020 2:34:02 PM Entry Initiated DEP PSD-DZIADOSZ (12:43:28): ATL Daniel Prude black male with a red suitcase & a black suit case same was asked to leave a Amtrak train in Depew earlier this morning family from Rochester area is looking for him Joe & Valerie Prude same state that Daniel suffers from ADHD & doesnt have much or any money on him no cellphone last seen at a bus stop near train station if located contact family or Depew pd Sent to Dispatch - ATTEMPT TO LOCATE - 4295 S BUFFALO ST VOP (VILLAGE ZONE) Pri: 3 CHE POL-JCHAR (12:44:24): took him to harbor house Archived Page # 1 TAB 21 City of Rochester Records Access Application Personal Information Th s nformat on w ll only be used to contact you regard ng your request Date 4/3/2020 Request Number RR20 01479 First Name * Last Name * Ell ot Sh elds Email Confirm Email esh elds@rothandrothlaw com esh elds@rothandrothlaw com Firm or Organization Country Roth & Roth LLP Un ted States Mailing Address or P.O. Box * Roth & Roth LLP 192 Lex ngton Avenue Su te 802 Address Line 2 City * State / Province / Region * Zip / Postal Code * New York NY 10016 Home Phone Mobile Phone Work Phone Fax Request Details Primary Record/Incident Type * What does this mean? Pol ce What date or date range did this happen? On or About 03/23/2020 What time or time range did this happen? At 03 00AM Where did it happen? Property or Incident address associated with the record Additional References Optional - e g local code number insurance claim number police/fire report number accident report number etc Special characters such as smiley faces should not be entered. Brief Description of Request? BWC record ng and all documentat on of nc dent nvolv ng Dan el Prude Describe Your Request In Detail* rarescr daescftith fyouneedrruespace Th a request for all Body Worn Camera (BWC) record and other records related to the no dent between merrbers of the RPD and Dan el Prude on or about March 23 2020 at approx rmtely 3 00 a The no dent bel eved to have occurred on Jefferson Avenue Off cers apparently used force aga Prude and then transported to Strong memor al l-bsp tal where he ed The nc dent dep cted part on a vdeo posted here facebook corn/freder co krueger 35/v deos/pcb type=3&theater Produce all records related to th nc dent nclud ng but not I mted to 1 All BWC record 2 All 911 cell record and transcr 3 all cormun cat ons by any RPD Offcers and/or ty errployees related to th 5 nc dent nclud ng corrmun cat ons made va the veh cles' Mob le Data Corrputer (MDC) and/or the Corrputer Aded spatch (CAD) system 4 Cop es of all CAD reports I pr nt outs related to the nc dent all arrest reports all subject res stance reports All "Rough hbtes" or any other handw tten notes related to the no dent All records related to Pmde's death 9 Color cop es of any photographs related to th 5 nc dent 10 All wtness statements I Support ng Depos ons 11 All nc dent reports and 12 All other records conta ng factual data related to the no dent QNQUI Thank you Attach supporting documentation (if applicable) Preferred method of record delivery* (Subject to IJmitations) 6? Ema I nspect person at ty Hall (Room 202A) f? up cop es at Cty Hall (Room 202A) Val f? Fax City Records Access From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie Mitchell,Shani C. Cc: David Roth; Donald Thompson; Audra Roth Subject: Appeal of Constructive Denial of Attachments: City of Rochester Records Access Applicationpdf Warning: This email originated from an external source. Please do not open attachments. click on links. or provide your usemame or password if the source is suspicious. Dear Stephanie and Shani, I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any communications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for recording and all documentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is currently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer TAB 22 TAB 23 City Records Access From: Sent: To: Subject: Prince, Stephanie A. Thursday, June 4, 2020 2:06 PM Curtin, Tim RE: Important.****FW: Contact Info Jenn Sommers at AG's Office The request is now a FOIL appeal filed by Elliot Shields for constructive denial of his request. Our response deadline is  next Thursday, 6/11. I spoke with Jenn Sommers this morning – what her office typically does and what she’s suggested  for this matter is to invite Don Thompson (the attorney representing Daniel Prude’s family) to come to her office to  review the case file (including BWC) in person, provided he agrees to sign an agreement that he cannot  scan/copy/otherwise attempt to reproduce the information. This way, the AG is making the file available to the family’s  attorney, but we are not releasing anything to the public. If Don agrees to the AG’s offer, I would contact Elliot and let  him know that the matter is being investigated by the AG, but that the AG is making the case file available for Don T. to  review in person. We would ask Elliot to agree to adjourn the appeal deadline until after the AG’s investigation is  complete. This way, the City is not releasing anything pertaining to the case for at least a month (more like 2), and it will  not be publicly available. Ultimately, anything we do release would be heavily, heavily redacted as the decedent is naked  in the BWC footage, we have to redact his medical treatment, and the reports all discuss his mental health and  condition.    After receiving the below I reached out to Jenn and asked her to hold off on contacting Don Thompson until I got back to  her.         Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov     From: Curtin, Tim    Sent: Thursday, June 4, 2020 1:28 PM  To: Prince, Stephanie A.   Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office    Can you review this? Can we deny/delay?  Thanks.   Timothy R. Curtin Corporation Counsel City of Rochester 30 Church Street, Room 400 Rochester, NY 14614 (585) 428-7741 Tim.Curtin@CityofRochester.Gov   1 From: Mura, Mark S.   Sent: Thursday, June 04, 2020 1:25 PM  To: Simmons, Mark L. ; Curtin, Tim ; Beath,  Patrick   Cc: Singletary, La'Ron D.   Subject: RE: Important.****FW: Contact Info Jenn Sommers at AG's Office    I’m available    From: Simmons, Mark L.   Sent: Thursday, June 4, 2020 12:55 PM  To: Curtin, Tim ; Beath, Patrick   Cc: Singletary, La'Ron D. ; Mura, Mark S.  Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office  Importance: High    Good afternoon gentlemen,    Are you available tomorrow morning to discuss the FOIL request for BWC video footage surrounding the Jefferson  Avenue in custody death?  If so, please let me know your availability?    Thank you,  DCA Simmons    From: Singletary, La'Ron D.   Sent: Thursday, June 4, 2020 12:42 PM  To: Simmons, Mark L.   Cc: Mura, Mark S. ; Morabito II, Joseph M.    Subject: Re: Important.****FW: Contact Info Jenn Sommers at AG's Office    I totally agree.  If you can set up a zoom meeting with Pat and/or Tim.     Chief La’Ron D. Singletary   Rochester Police Department       From: Simmons, Mark L.   Sent: Thursday, June 4, 2020 12:23 PM  To: Singletary, La'Ron D.  Cc: Mura, Mark S.; Morabito II, Joseph M.  Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office      Chief,     Below is information regarding the FOIL release of the Jefferson Avenue in custody death BWC’s videos.  I respectfully  request that we have a meeting with Corporation Council prior to the release of this video due to the current climate in  this City and nation. We certainly do not want people to misinterpret the officers’ actions and conflate this incident with  any recent killings of unarmed black men by law enforcement nationally.  That would simply be a false narrative, and  could create animosity and potentially violent blow back in this community as a result.   2    I ask that we reach out to Corporation Council and ask them to deny the request based on the fact that the case is still  active, as it is currently being investigated for possible criminal charges to be brought forth by the AG’s office.       Federal Guidelines governing FOIL request exceptions state:     Exemption 7: Information compiled for law enforcement purposes that:     7(A). Could reasonably be expected to interfere with enforcement proceedings     7(B). Would deprive a person of a right to a fair trial or an impartial adjudication     Please let me know your thoughts on this, as the request is time sensitive.      DCA Simmons     From: Favor Jr., Henry C.   Sent: Thursday, June 4, 2020 10:06 AM  To: Morabito II, Joseph M. ; Simmons, Mark L.    Subject: Important.****FW: Contact Info Jenn Sommers at AG's Office  Importance: High      Sent from my Verizon, Samsung Galaxy smartphone      -------- Original message --------  From: "Umbrino, Frank"   Date: 6/4/20 9:58 AM (GMT-05:00)   To: "Favor Jr., Henry C."   Subject: FW: Contact Info Jenn Sommers at AG's Office     I told you before this is closed and after further discussion we think that is up for interpretation on the RPD’s  end...although that does not change the fact we pretty much have to give it to corporation council.  Basically  corporation council will review the package and decide what should and should not be turned over.  They need to keep  in mind:  1. this can be labeled still as an active investigation because the AG’s Office has not concluded their portion of it  and have requested additional interviews of the officers.  Our investigation can be interpreted technically as  remaining “open” until their investigation is complete in the highly unlikely event they uncover any additional  information that could impact our investigative findings      2. In light of the recent events throughout the country, any release of information should be in conjunction with  and coordinated with the Mayor and the Chief as it very well have some intense ramifications.        I respectfully suggest the Chief and DCA be made aware of exactly what is going on with this FOIL so there are no  surprises and they can weigh in on the discussion with the Mayors Office      From: Perkowski, Michael E.    Sent: Thursday, June 4, 2020 9:46 AM  To: Prince, Stephanie A.   3 Cc: Umbrino, Frank Subject: RE: Contact Info Jenn Sommers at AG's Office Steph, Attached are all of the Crime Reports, and BWC video. lam sending you this for review. Will you please let me know how your conversation goes with the Office? I am very concerned about releasing this prematurely in light of what is going on in Rochester and around the Country. If the decision is to release this based on the FOIL, I will have to make several notifies to my Command staff before that happens. I may be overthinking this, but I would think the Chief?s Office and Mayor?s Office would want a heads up before this goes out. As I stated before, this is still an open investigation. Based on what I can tell from the new legislation concerning the in custody death of an unarmed suspect, the Office takes the role of the Office. Mike City of Rochester ShareFiIe Attachments Expires July 4, 2020 435 Jefferson Ave Download Attachments Files are sent and received securely. Files sent with ShareFile will be available for up to 31 days from the time they are sent. From: Prince, Stephanie A. Sent: Wednesday, June 3, 2020 5:34 PM To: Perkowski, Michael E. Subject: RE: Contact Info Jenn Sommers at AG's Office Thanks, Mike. From: Perkowski, Michael E. Sent: Wednesday, June 3, 2020 5:31 PM To: Prince, Stephanie A. Subject: Contact Info Jenn Sommers at AG's Office The contact information for Jennifer Sommers is 327-3231. Jennifer.Sommers@ag.ny.gov Steph,    Above is the contact for the AG’s Office. Sgt Zenelovic is the lead Sgt on this case with his investigators. He called Jen today to verify her contact information. Jen said she would look forward to speaking with you and that this is still an active open case. In fact a call to possibly re-interview the officers has been placed with their attorney.    Jen said that she may be able to assist by allowing the plaintiff’s attorney to view the BWC without releasing it, to buy some more time before we have to release this. I’m wondering if we shouldn’t hold back on this for a little while considering what is going on around the country. Nonetheless, I think I should have ShareFile fixed tomorrow, so call or email me when you talk to Jen and let me know how you want to proceed.    Mike           5 TAB 24 City Records Access From: Sent: To: Subject: Prince, Stephanie A. Thursday, June 4, 2020 2:06 PM Curtin, Tim RE: Important.****FW: Contact Info Jenn Sommers at AG's Office The request is now a FOIL appeal filed by Elliot Shields for constructive denial of his request. Our response deadline is  next Thursday, 6/11. I spoke with Jenn Sommers this morning – what her office typically does and what she’s suggested  for this matter is to invite Don Thompson (the attorney representing Daniel Prude’s family) to come to her office to  review the case file (including BWC) in person, provided he agrees to sign an agreement that he cannot  scan/copy/otherwise attempt to reproduce the information. This way, the AG is making the file available to the family’s  attorney, but we are not releasing anything to the public. If Don agrees to the AG’s offer, I would contact Elliot and let  him know that the matter is being investigated by the AG, but that the AG is making the case file available for Don T. to  review in person. We would ask Elliot to agree to adjourn the appeal deadline until after the AG’s investigation is  complete. This way, the City is not releasing anything pertaining to the case for at least a month (more like 2), and it will  not be publicly available. Ultimately, anything we do release would be heavily, heavily redacted as the decedent is naked  in the BWC footage, we have to redact his medical treatment, and the reports all discuss his mental health and  condition.    After receiving the below I reached out to Jenn and asked her to hold off on contacting Don Thompson until I got back to  her.         Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov     From: Curtin, Tim    Sent: Thursday, June 4, 2020 1:28 PM  To: Prince, Stephanie A.   Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office    Can you review this? Can we deny/delay?  Thanks.   Timothy R. Curtin Corporation Counsel City of Rochester 30 Church Street, Room 400 Rochester, NY 14614 (585) 428-7741 Tim.Curtin@CityofRochester.Gov   1 From: Mura, Mark S.   Sent: Thursday, June 04, 2020 1:25 PM  To: Simmons, Mark L. ; Curtin, Tim ; Beath,  Patrick   Cc: Singletary, La'Ron D.   Subject: RE: Important.****FW: Contact Info Jenn Sommers at AG's Office    I’m available    From: Simmons, Mark L.   Sent: Thursday, June 4, 2020 12:55 PM  To: Curtin, Tim ; Beath, Patrick   Cc: Singletary, La'Ron D. ; Mura, Mark S.  Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office  Importance: High    Good afternoon gentlemen,    Are you available tomorrow morning to discuss the FOIL request for BWC video footage surrounding the Jefferson  Avenue in custody death?  If so, please let me know your availability?    Thank you,  DCA Simmons    From: Singletary, La'Ron D.   Sent: Thursday, June 4, 2020 12:42 PM  To: Simmons, Mark L.   Cc: Mura, Mark S. ; Morabito II, Joseph M.    Subject: Re: Important.****FW: Contact Info Jenn Sommers at AG's Office    I totally agree.  If you can set up a zoom meeting with Pat and/or Tim.     Chief La’Ron D. Singletary   Rochester Police Department       From: Simmons, Mark L.   Sent: Thursday, June 4, 2020 12:23 PM  To: Singletary, La'Ron D.  Cc: Mura, Mark S.; Morabito II, Joseph M.  Subject: FW: Important.****FW: Contact Info Jenn Sommers at AG's Office      Chief,     Below is information regarding the FOIL release of the Jefferson Avenue in custody death BWC’s videos.  I respectfully  request that we have a meeting with Corporation Council prior to the release of this video due to the current climate in  this City and nation. We certainly do not want people to misinterpret the officers’ actions and conflate this incident with  any recent killings of unarmed black men by law enforcement nationally.  That would simply be a false narrative, and  could create animosity and potentially violent blow back in this community as a result.   2    I ask that we reach out to Corporation Council and ask them to deny the request based on the fact that the case is still  active, as it is currently being investigated for possible criminal charges to be brought forth by the AG’s office.       Federal Guidelines governing FOIL request exceptions state:     Exemption 7: Information compiled for law enforcement purposes that:     7(A). Could reasonably be expected to interfere with enforcement proceedings     7(B). Would deprive a person of a right to a fair trial or an impartial adjudication     Please let me know your thoughts on this, as the request is time sensitive.      DCA Simmons     From: Favor Jr., Henry C.   Sent: Thursday, June 4, 2020 10:06 AM  To: Morabito II, Joseph M. ; Simmons, Mark L.    Subject: Important.****FW: Contact Info Jenn Sommers at AG's Office  Importance: High      Sent from my Verizon, Samsung Galaxy smartphone      -------- Original message --------  From: "Umbrino, Frank"   Date: 6/4/20 9:58 AM (GMT-05:00)   To: "Favor Jr., Henry C."   Subject: FW: Contact Info Jenn Sommers at AG's Office     I told you before this is closed and after further discussion we think that is up for interpretation on the RPD’s  end...although that does not change the fact we pretty much have to give it to corporation council.  Basically  corporation council will review the package and decide what should and should not be turned over.  They need to keep  in mind:  1. this can be labeled still as an active investigation because the AG’s Office has not concluded their portion of it  and have requested additional interviews of the officers.  Our investigation can be interpreted technically as  remaining “open” until their investigation is complete in the highly unlikely event they uncover any additional  information that could impact our investigative findings      2. In light of the recent events throughout the country, any release of information should be in conjunction with  and coordinated with the Mayor and the Chief as it very well have some intense ramifications.        I respectfully suggest the Chief and DCA be made aware of exactly what is going on with this FOIL so there are no  surprises and they can weigh in on the discussion with the Mayors Office      From: Perkowski, Michael E.    Sent: Thursday, June 4, 2020 9:46 AM  To: Prince, Stephanie A.   3 Cc: Umbrino, Frank Subject: RE: Contact Info Jenn Sommers at AG's Office Steph, Attached are all of the Crime Reports, and BWC video. lam sending you this for review. Will you please let me know how your conversation goes with the Office? I am very concerned about releasing this prematurely in light of what is going on in Rochester and around the Country. If the decision is to release this based on the FOIL, I will have to make several notifies to my Command staff before that happens. I may be overthinking this, but I would think the Chief?s Office and Mayor?s Office would want a heads up before this goes out. As I stated before, this is still an open investigation. Based on what I can tell from the new legislation concerning the in custody death of an unarmed suspect, the Office takes the role of the Office. Mike City of Rochester ShareFiIe Attachments Expires July 4, 2020 435 Jefferson Ave Download Attachments Files are sent and received securely. Files sent with ShareFile will be available for up to 31 days from the time they are sent. From: Prince, Stephanie A. Sent: Wednesday, June 3, 2020 5:34 PM To: Perkowski, Michael E. Subject: RE: Contact Info Jenn Sommers at AG's Office Thanks, Mike. From: Perkowski, Michael E. Sent: Wednesday, June 3, 2020 5:31 PM To: Prince, Stephanie A. Subject: Contact Info Jenn Sommers at AG's Office The contact information for Jennifer Sommers is 327-3231. Jennifer.Sommers@ag.ny.gov Steph,    Above is the contact for the AG’s Office. Sgt Zenelovic is the lead Sgt on this case with his investigators. He called Jen today to verify her contact information. Jen said she would look forward to speaking with you and that this is still an active open case. In fact a call to possibly re-interview the officers has been placed with their attorney.    Jen said that she may be able to assist by allowing the plaintiff’s attorney to view the BWC without releasing it, to buy some more time before we have to release this. I’m wondering if we shouldn’t hold back on this for a little while considering what is going on around the country. Nonetheless, I think I should have ShareFile fixed tomorrow, so call or email me when you talk to Jen and let me know how you want to proceed.    Mike           5 TAB 25 City Records Access From: Prince, Stephanie A. Sent: Monday, July 27, 2020 5:23 PM To: 'Elliot Shields' Cc: Donald Thompson; David Roth; Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of Elliot, Everything is ready to be sent to you I?m simply waiting for the BWC footage to be processed. As you and I previously discussed, RPD only has one employee who reviews and redacts video and he is only working 50% of his hours (due to budget cuts) through the end ofJuly and is not working this Thursday or Friday. He has an enormous backlog of work, but I?ve asked him to prioritize this video so that it is ready to be sent to you early next week. Thank; Stephanie A. Prince Municipal Attomey City of Rochester. New York - Law Department City Hall - Room 400A 30 htu'ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Elliot Shields Sent: Thursday, July 23, 2020 5:02 PM To: Prince, Stephanie A. Cc: Donald Thompson David Roth Roj, Justin C. 'O'Neill, Kristin Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments. click on links. or provide your usemame or password if the source is suspicious. Stephanie, I watched most of the videos the other day at the attorney general?s of?ce. I didn?t see anything that could be redacted under any FOIL exemption. I didn?t watch any videos at the hospital, just the surveillance videos and the body camera videos from the scene where Daniel Prude was handcuffed and force was used on him. Please send me all the body worn camera videos at the scene. None of these have anything that can be redacted. They only show the officers, the paramedics, and the decedent. Please also email me the remainder of the paperwork that wasn?t originally sent and if it?s too large, send it via file share.   Thank you,    Elliot    From: Prince, Stephanie A.    Sent: Thursday, June 11, 2020 4:56 PM  To: Elliot Shields   Cc: Donald Thompson ; David Roth ; Roj, Justin C.  ; 'O'Neill, Kristin (DOS)' ; Mitchell, Shani C.    Subject: RE: Appeal of Constructive Denial of RR20‐01479  Elliot:     In response to your FOIL appeal, we have performed a diligent search and review for the categories of records  referenced in your request related to the March 23, 2020 incident involving Daniel Prude. Attached hereto are all police  reports and SRRs with redactions made pursuant to Public Officers Law 87(2)(b). These redactions have been made to  prevent an unwarranted invasion of personal privacy and they include dates of birth, personal phone numbers, and  residential street addresses. Two Mental Health Transport forms dated March 22, 2020 and March 23, 2020,  respectively, are withheld pursuant to Mental Hygiene Law 33.13.    In addition to police reports, there are other records which will be sent to you via mail as everything is too large to send  via email. As I am aware that you are working remotely, please provide an address for the City to mail records.     Regarding BWC footage, it is my understanding that you represent the Estate of Daniel Prude. The footage contains  video of medical treatment by EMTs and later in a hospital. If you can provide an appropriate HIPAA release form so that  we can release that footage without HIPAA‐related redactions, please provide a signed, notarized form. If not, please  advise so that we can instruct our digital media specialist to properly prepare the video.    An item‐by‐item response to your request is below, to avoid confusion.    1 ‐ All BWC recordings – please see above.  2 ‐ All 911 call recordings and transcripts: New York County Law 308(4), the City is prohibited from releasing any records  of 911 calls, in whatever form they are kept.  3 ‐ all communications by any RPD Officers and/or City employees related to this incident, including communications  made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aided Dispatch (CAD) system: Please  consider this a certification that, following a diligent search, no such records could be located.  4 ‐ Copies of all CAD reports / print‐outs related to the incident: Please consider this a certification that, following a  diligent search, no such records could be located.  5 ‐ all arrest reports: Two Mental Health Transport forms are withheld pursuant to Mental Hygiene Law 33.13. Please  consider this a certification that, following a diligent search, no further records could be located.  6 ‐ all subject resistance reports: all available reports are attached to this email.  7 ‐ All "Rough Notes" or any other handwritten notes related to the incident: will be sent via mail, containing redactions  pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy.  8 ‐ All records related to Mr. Prude's death: all available reports are attached to this email. Otherwise, this request is  unreasonably described as it does not specify a specific kind of document.  9 ‐ Color copies of any photographs related to this incident: photos will be sent via mail.  10 ‐ All witness statements / Supporting Depositions: will be sent via mail.  11 ‐ All incident reports: all available reports are attached to this email.  12 ‐ All other records containing factual data related to the incident: this request is unreasonably described as it does  not specify a specific kind of document.   2 This correspondence constitutes my final decision regarding your request. If you disagree with this decision, you may seek judicial review of it pursuant to Article 78 of the Civil Practice Law and Rules. Your time to seek judicial review begins immediately. Sincerely, Timothy R. Curtin Corporation Counsel Via: a Stephanie A. Prince Mtulicipal Attomey City of Rochester. New York - Law Depaitment City Hall - Room 400A 30 Cluu?ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585)428-6950 From: Elliot Shields Sent: Wednesday, June 10, 2020 3:39 PM To: Prince, Stephanie A. Cc: Donald Thompson ; David Roth Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Stephanie, It was nice speaking with you on the phone yesterday. Thank you for agreeing to produce all the documents and reports requested in our FOIL request. We do not consent to the City withholding the BWC videos until the Attorney General concludes its investigation. However, we do consent to the limited redaction of the Video, solely for the purposes of redacting Mr. Prude?s genitals. Even though you stated on the phone that any redactions would not take more than two hours, we do not consent to paying any money for the RPD to apply any redactions to the video. Thus, please produce all the reports, documents and BWC videos requested in the FOIL request by tomorrow so we can avoid ?ling an Article 78. Thank you, Elliot From: Prince, Stephanie A. Sent: Tuesday, June 9, 2020 12:28 PM To: Elliot Shields Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Sounds good I?m working remotely today, so I?ll call you from my cell phone it?s a 469 area code. Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Depaitment City Hall - Room 400A 30 luu'ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Elliot Shields Sent: Tuesday, June 9, 2020 12:26 PM To: Prince, Stephanie A. Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Around 2:30-3:00 pm should be good. I?ve got my of?ce phone hooked 11p at home, you can call that or my cell On Jun 9, 2020, 12:13 PM -0400, Prince, Stephanie A. wrote: Elliot: Do you have time today to discuss this? I have additional infonnation related to an ongoing investigation by the office: who I understand has reached out to Don Thompson. If you are free today let me know 110w to reach you and I?ll give you a call. Thanks, $33.67 Stephanie A. Prince Municipal Attomey City of Rochester. New York - Law Department City Hall - Room 400A 30 Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 StephaniePlince?iC itvofRochester. gov From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie A. Mitchell, Shani C. Cc: David Roth Donald Thompson Audra Roth Subject: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Dear Stephanie and Shani, I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any communications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: requestnoreply@cityofrochester.gov Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - RR20-01479 Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for "BWC recording and all documentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is currently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL #RR20-01479. Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer   6 HAVE YOU FILLED YOUR Rachesters future is countfn an an TAB 26 CHEEKTOWAGA POLICE DEPARTMENT Complaint Information Complaint# 20-012436 Date Received: 03/22/2020 Source: PHONE Dispatch Code: 1699 Description: LARCENY-OTHER Call Type: POLICE Final Dispatch Code:1699 Description: LARCENY-OTHER Street: NOB HILL PARK TN Tract: Street Code: 10725 Cross Street: Business: Call Back: Times: Received: 1 1 :24239 Dispatched:11:26:49 Arrived:1 1 :29123 Completed:12:21:11 Officers: Received By: Dispatcher: Report (follow up): YES Notified: Action Codes 1. 2. 3. 4. Associated Persons: SUB - PRUDE, DANIEL DOB: CHICAGO CMP- PING, ANDREW J. DOB: SLOAN Phone: 03/22/20 11:24:23 675 WEARING BLACK LEATHER JACKET TAN HOOD BLUE SWEATPANTS AND BLACK DUFFLE BAG OPENED DOOR OF TOWN TRUCK AND TOOK A CELLPHONE WALKING THROUGH THE PARK 03/22/20 11:24:38 675 SAT DOWN IN BLEACHERS BY BASEBALL DIAMOND 03/22/20 11:26:33 675 US WALKING TOWARDS POSSIBLY WHITE RD OR BERT RD 03/22/20 11:29:39 675 MALE US ON REDLEAF 03/22/20 12:06:13 632 PROPERTY RECOVERED AND MALE TAKEN TO THE CITY MISSION 03/22/20 12:13:18 632 HARBOR HOUSE NOW 03/2220 12:21 :07 675 MALE WAS DROPPED OFF AT HARBOR HOUSE ADVISED OF SERVICES 03/23/20 17:54:29 332 PR FILED Printed Date: 3/24/2020 2:33:16 PM Page 1 ROCHESTER POLICE DEPARTMENT 2020-00061 277 Page 1 0' 3 INCIDENT REPORT Incident Ty pe Report Date Report Time Date From Time From Date To Time To 05. Burglary 03/23/2020 03:10 03l23l2020 03:10 03l23l2020 03:10 2 Incrdent Address Beat Campus Code I- 767 MAIN ST 213 Violent Crime Context BWC Yes Statute PL 14500 01 AM4 Attempt/Commit - Completed Counts -1 Description - Criminal Mischief 4th: Intent To Damage Property Locat on \Veapon Other Retail Store-40 Laraeny Type Aggravated Assault Circumstances Gang Related Computer No No b?ras 'ype Entry '-?ornt Method of I:ntry it at Premises tntered No Bias-Not Applicable-77 Statute - PL 140.20 DF3 Attempt/Commit - Completed Counts -1 i5 - Burglary 3rd: Illegal Entry with Intent to Commit a Crime Locat on \Vcapon Other Retail Store-40 Larse'ry Type Aggravated Assault Gang Related No No Eias 'ype Entry Doint Method of Entry of Premises Entered No Bias-Not Applicable-77 Window Front Force Iype Name (-ast. l- rst. e) Business-B METRO PCS Address Date of Birth Age Sex Race Ethnicity Residence Status 5 . 676 MAIN ST Not Applicable City. State. Zip Victim/Offender Relationship (Oi?fender Name DOB. Relationship) Rochester, NY Prude, daniel Relationship Unknown-40 Telephone Level of Injury Type 0? lrjU'y Medical Business - NA Business - NA Business - NA Reporting Person Witness PK Person w/Knowledge Nl Not Intervlewed Type Name I set First Mrdolev DOB Sex Race Address Telephone No 0 (I) NO MOHAMMED, NAHSHEL, A - A Typo Suspect Name (Last. First. Nickname . Suspect Prude, danrel 0 Date of Birth Age Sex Race Ethnicity JCR I 41 2 Height Weight Hair Ceror HairLength Colo' Glasses Complexion ur :acial Harr Gang Af?liation I- .. 8 Clothing. Jewelry. Distinguishing Features Offender Scars Marks Apparently Normal 3 Mothers Maiden Home Place of Birth Schocl Name 1 ID if Modus Operandi (Z) I: 01. Witness [0 the offense? 05. Can a suspect be described? 09. IS there significant MOOUS Operandi present? 02. Surveillance footage of event? 06. Can a suspect be rdenti?ed?.> 10. Is there significant physical evidence present? 5 03. Can a suspect be named? 07. Can a suspect vehicle be identified? 11. Has evidence tech work been perfomed?? 04. Can a suspect be located? 08. Is stolen property traceable? 12. NOT Case Status Fxcep?innal Clearance Assigned Htr'earr Review Finx Field CIS - MCU CID Report ng Of?cer IBM Date Reviewed By RICOTTA PAUL 534 03l24l2020 ZENELOVIC, FLAMUR .nc-mmaemn 2392,05 2 2020-00061277 3 Seized Evidence BWC Video Video Recorded by IBM: 2534 1 Item(s) Damaged Vandalized Other Property $200 BROKEN PLATE GLASS WINDOW 1 RICOTTA Item(s) PAUL 2534 03/24/2020 ZENELOVIC, FLAMUR 03/26/2020 Incident Report Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INCIDENT REPORT 2020-00061277 ON 3/23/20, AT ABOUT 0310 HOURS, RESPONDED TO 767 MAIN ST. (METRO PCS) FOR THE BURGLARY ALARM FOR TWO GLASS BRAKE ALERTS. UPON ARRIVAL, OBSERVED THE PLATE GLASS WINDOW WAS SHATTERED ON THE WEST SIDE OF THE STORE . AS I APPROACHED THE WINDOW, I OBSERVED A CINDER BLOCK WAS LYING ON THE WINDOW FRAME AND APPEARED TO HAVE BEEN THROWN THROUGH THE WINDOW BY AN UNKNOWN SUSPECT. (NO) NAHSHEL MOHAMMED ARRIVED AND ATTEMPTED TO REVIEW VIDEO BUT WAS UNABLE TO ACCESS THE VIDEO SINCE HE HAVE THE PROPER PASSWORD. (NO) ALSO STATED THAT NOTHING WAS MISSING FROM THE STORE. SPECIAL SERVICES ADVISED THAT THEY WOULD COME AT 0800 HOURS TO REPAIR THE WINDOW. THE CITY CAMERA AT MAIN STIHENION ST. WAS FACING THE OPPOSITE DIRECTION WHEN THE INCIDENT OCCURRED. THERE ARE MULTIPLE CAMERAS AT 781 MAIN ST. (HAIR BIZZ) THAT FACE THE PARKING LOT. HAIR BIZZ WAS CLOSED AND I WAS UNABLE TO VIEW THEM. I TOOK PHOTOS OF THE BROKEN WINDOW WITH MY BWC. TECH RADELL ARRIVED AND ALSO PROCESSED THE SCENE. I LATER LEARNED THAT VIDEO WAS OBTAINED FROM 781 MAIN ST. (SEE FOR MORE). TO MCU-- NARRATIVE Report ng Cf?:e' IBM Date Reviewed By RICOTTA PAUL 2534 03l24l2020 ZENELOVIC, FLAMUR Incident Report Page 3 OF 3 DEPEW POLICE DEPARTMENT Complaint Information Complaint# 20-002489 Date Received: 03/22/2020 Source: PHONE Dispatch Code: 5007 Description: CUSTOMER TROUBLE Call Type: POLICE Final Dispatch Code:5007 Description: CUSTOMER TROUBLE Street: 55 DICK RD Tract: Street Code: 4715 Cross Street: MunicipalityzDEPEW Business: AMTRAK Call Back: Times: Received:08:35:48 Dispatched.08:35:52 Arrived:08:42:53 Completed:09:36:42 Officers: STRANC, TIMOTHY GORSKI, JEFFREY Received By: DZIADOSZ, CHESTER Dispatcher: DZIADOSZ, CHESTER Report (follow up): NO Notified: Action Codes 1. 2. 3. 4. Associated Persons: SUB - PRUDE, DANIEL CMP - AMTRAK DEPEW Phone? 03/22/20 08:35:24 317 AMTRAK CMP BRAD, EMPLOYEE REPORTS MALE ON IN BOUND TRAIN REFUSING TO LISTEN TO ORDERS CONTINUES TO SMOKE ON TRAIN FROM CHICAGO DUE IN AT 08:45 HRS 03/22/20 09:01 :46 317 PER PATROL DANIEL PRUDE LEFT TRAIN WITH NO INCIDENT SUBJECT LAST SEEN AT BUS STOP DISPATCH MADE CONTACT WITH ROCHESTER PD IN ATTEMPT TO CONTACT FAMILY MEMBER 03/22/20 09:36:37 317 UNABLE TO FIND RPD HAS NO INFO Printed Date: 3/24/2020 2:34:29 PM Page 1 City Records Access From: Sent: To: Cc: Subject: Attachments: Prince, Stephanie A. Thursday, June 11, 2020 4:56 PM 'Elliot Shields' Donald Thompson; David Roth; Roj, Justin C.; 'O'Neill, Kristin (DOS)'; Mitchell, Shani C. RE: Appeal of Constructive Denial of RR20-01479 Cheektowaga Police Report_Redacted.pdf; Depew Police Report_Redacted.pdf; Orchard Park Police Report_Redacted.pdf; Crime Report-Ofc. Ricotta-Metro PCS Burglary_Redacted.pdf; IAR-Inv. Carbonel_Redacted.pdf; IAR-Inv. Gotham_Redacted.pdf; IAR-Inv. Houlihan 2_Redacted.pdf; IAR-Inv. Houlihan_Redacted.pdf; IAR-Ofc. Frye.pdf; IAR-Ofc. Gonzalez_Redacted.pdf; IAR-Ofc. Harris.pdf; IAR-Ofc. Laurez.pdf; IAR-Ofc. Serenis.pdf; IAR-Ofc. Specksgoor_Redacted.pdf; IAR-Ofc. Talladay_Redacted.pdf; IAR-Sgt. Magri_Redacted.pdf; IAR-Sgt. Zenelovic_Redacted.pdf; Incident Report-Ofc. Vaughn_Redacted.pdf; Ofc. Santiago SRR_Redacted.pdf; Ofc. Talladay SRR_Redacted.pdf; Ofc. Vaughn SRR_Redacted.pdf Elliot:     In response to your FOIL appeal, we have performed a diligent search and review for the categories of records  referenced in your request related to the March 23, 2020 incident involving Daniel Prude. Attached hereto are all police  reports and SRRs with redactions made pursuant to Public Officers Law 87(2)(b). These redactions have been made to  prevent an unwarranted invasion of personal privacy and they include dates of birth, personal phone numbers, and  residential street addresses. Two Mental Health Transport forms dated March 22, 2020 and March 23, 2020,  respectively, are withheld pursuant to Mental Hygiene Law 33.13.    In addition to police reports, there are other records which will be sent to you via mail as everything is too large to send  via email. As I am aware that you are working remotely, please provide an address for the City to mail records.     Regarding BWC footage, it is my understanding that you represent the Estate of Daniel Prude. The footage contains  video of medical treatment by EMTs and later in a hospital. If you can provide an appropriate HIPAA release form so that  we can release that footage without HIPAA‐related redactions, please provide a signed, notarized form. If not, please  advise so that we can instruct our digital media specialist to properly prepare the video.    An item‐by‐item response to your request is below, to avoid confusion.    1 ‐ All BWC recordings – please see above.  2 ‐ All 911 call recordings and transcripts: New York County Law 308(4), the City is prohibited from releasing any records  of 911 calls, in whatever form they are kept.  3 ‐ all communications by any RPD Officers and/or City employees related to this incident, including communications  made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aided Dispatch (CAD) system: Please  consider this a certification that, following a diligent search, no such records could be located.  4 ‐ Copies of all CAD reports / print‐outs related to the incident: Please consider this a certification that, following a  diligent search, no such records could be located.  5 ‐ all arrest reports: Two Mental Health Transport forms are withheld pursuant to Mental Hygiene Law 33.13. Please  consider this a certification that, following a diligent search, no further records could be located.  6 ‐ all subject resistance reports: all available reports are attached to this email.  7 ‐ All "Rough Notes" or any other handwritten notes related to the incident: will be sent via mail, containing redactions  pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy.  1 8 - All records related to Mr. Prude's death: all available reports are attached to this email. Otherwise, this request is unreasonably described as it does not specify a specific kind of document. 9 - Color copies of any photographs related to this incident: photos will be sent via mail. 10 - All witness statements Supporting Depositions: will be sent via mail. 11 - incident reports: all available reports are attached to this email. 12 - All other records containing factual data related to the incident: this request is unreasonably described as it does not specify a specific kind of document. This correspondence constitutes my final decision regarding your request. If you disagree with this decision, you may seek judicial review of it pursuant to Article 78 of the Civil Practice Law and Rules. Your time to seek judicial review begins immediately. Sincerely, Timothy R. Curtin Corporation Counsel Via: Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 Church Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Elliot Shields Sent: Wednesday, June 10, 2020 3:39 PM To: Prince, Stephanie A. Cc: Donald Thompson David Roth Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your username or password if the source is suspicious. Stephanie, It was nice speaking with you on the phone yesterday. Thank you for agreeing to produce all the documents and reports requested in our FOIL request. We do not consent to the City withholding the BWC videos until the Attorney General concludes its investigation. However, we do consent to the limited redaction of the video, solely for the purposes of redacting Mr. Prude?s genitals. Even though you stated on the phone that any redactions would not take more than two hours, we do not consent to paying any money for the RPD to apply any redactions to the Video. Thus, please produce all the reports, documents and BWC videos requested in the FOIL request by tomorrow so we can avoid ?ling an Article 78. Thank you, Elliot From: Prince, Stephanie A. Sent: Tuesday, June 9, 2020 12:28 PM To: Elliot Shields Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Sounds good - I?m working remotely today, so I?ll call you from my cell phone it?s a 469 area code. as Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Elliot Shields Sent: Tuesday, June 9, 2020 12:26 PM To: Prince, Stephanie A. Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated ?om an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Around 2:30-3:00 pm should be good. I?ve got my of?ce phone hooked up at home, you can call that or my cell 585-749-2089. On Jun 9, 2020, 12:13 PM -0400, Prince, Stephanie A. wrote: Elliot. Do you have time today to discuss this? I have additional information related to an ongoing investigation by the of?ce, who I understand has reached out to Don Thompson. 3 If you are free today let me know how to reach you and I?ll give you a call. Thanks, as Stephanie A. Prince Mimicipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 hm?ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 Stephanie.P1ince@C itvofRochester. 20v From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie A. Mitchell, Shani C. Cc: David Roth Donald Thompson Audra Roth Subject: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Dear Stephanie and Shani, I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any communications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: requestnoreply@cityofrochester.gov Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - RR20-01479 Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for "BWC recording and all documentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is currently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL #RR20-01479. Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer 5 HAVE YDU FILLED 2033 OUT YOUR Rachester?s future is countfn an an City Records Access From: Elliot Shields Sent: Friday, June 12, 2020 11:14 AM To: Prince, Stephanie A. Cc: Donald Thompson; David Roth; Roj, Justin 'O'Neill, Kristin Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Stephanie, Thank you for emailing the response and materials. Instead of sending me the materials in the mail, I?d like to arrange for Don?s office to pick them up from the City, if that works. And we will get you a HIPAA for the BWC video. Can you also please provide copies of the other videos referenced in the reports you emailed. Specifically, the surveillance videos, blue light camera videos, and the compilation video that Matt put together. Technically I think this falls under request no 12. If not then we can just submit another FOIL request. Thank you, Elliot From: Prince, Stephanie A. Sent: Thursday, June 11, 2020 4:56 PM To: Elliot Shields Cc: Donald Thompson David Roth Roj, Justin C. 'O'Neill, Kristin Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of RR20-01479 Elliot: In response to your FOIL appeal, we have performed a diligent search and review for the categories of records referenced in your request related to the March 23, 2020 incident involving Daniel Prude. Attached hereto are all police reports and SRRs with redactions made pursuant to Public Officers Law These redactions have been made to prevent an unwarranted invasion of personal privacy and they include dates of birth, personal phone numbers, and residential street addresses. Two Mental Health Transport forms dated March 22, 2020 and March 23, 2020, respectively, are withheld pursuant to Mental Hygiene Law 33.13. In addition to police reports, there are other records which will be sent to you via mail as everything is too large to send via email. As I am aware that you are working remotely, please provide an address for the City to mail records. Regarding BWC footage, it is my understanding that you represent the Estate of Daniel Prude. The footage contains video of medical treatment by EMTs and later in a hospital. If you can provide an appropriate HIPAA release form so that we can release that footage without HIPAA-related redactions, please provide a signed, notarized form. If not, please advise so that we can instruct our digital media specialist to properly prepare the video. An item-by-item response to your request is below, to avoid confusion. 1   1 ‐ All BWC recordings – please see above.  2 ‐ All 911 call recordings and transcripts: New York County Law 308(4), the City is prohibited from releasing any records  of 911 calls, in whatever form they are kept.  3 ‐ all communications by any RPD Officers and/or City employees related to this incident, including communications  made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aided Dispatch (CAD) system: Please  consider this a certification that, following a diligent search, no such records could be located.  4 ‐ Copies of all CAD reports / print‐outs related to the incident: Please consider this a certification that, following a  diligent search, no such records could be located.  5 ‐ all arrest reports: Two Mental Health Transport forms are withheld pursuant to Mental Hygiene Law 33.13. Please  consider this a certification that, following a diligent search, no further records could be located.  6 ‐ all subject resistance reports: all available reports are attached to this email.  7 ‐ All "Rough Notes" or any other handwritten notes related to the incident: will be sent via mail, containing redactions  pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy.  8 ‐ All records related to Mr. Prude's death: all available reports are attached to this email. Otherwise, this request is  unreasonably described as it does not specify a specific kind of document.  9 ‐ Color copies of any photographs related to this incident: photos will be sent via mail.  10 ‐ All witness statements / Supporting Depositions: will be sent via mail.  11 ‐ All incident reports: all available reports are attached to this email.  12 ‐ All other records containing factual data related to the incident: this request is unreasonably described as it does  not specify a specific kind of document.     This correspondence constitutes my final decision regarding your request. If you disagree with this decision, you may  seek judicial review of it pursuant to Article 78 of the Civil Practice Law and Rules. Your time to seek judicial review  begins immediately.     Sincerely,    Timothy R. Curtin  Corporation Counsel    Via:          Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov       From: Elliot Shields    Sent: Wednesday, June 10, 2020 3:39 PM  To: Prince, Stephanie A.   Cc: Donald Thompson ; David Roth   Subject: RE: Appeal of Constructive Denial of RR20‐01479  2 Warning: This email originated from an external source. Please do not open attachments. click on links, or provide your usemame or password if the source is suspicious. Stephanie, It was nice speaking with you on the phone yesterday. Thank you for agreeing to produce all the documents and reports requested in our FOIL request. We do not consent to the City withholding the BWC videos tmtil the Attorney General concludes its investigation. However, we do consent to the limited redaction of the video, solely for the purposes of redacting Mr. Prude?s genitals. Even though you stated on the phone that any redactions would not take more than two hours, we do not consent to paying any money for the RPD to apply any redactions to the video. Thus, please produce all the repOIts, documents and BWC videos requested in the FOIL request by tomonow so we can avoid ?ling an Article 78. Thank you, Elliot From: Prince, Stephanie A. Sent: Tuesday, June 9, 2020 12:28 PM To: Elliot Shields Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Sounds good - I?m working remotely today, so I?ll call you from my cell phone it?s a 469 area code. a? Stephanie A. Prince Municipal Attomey City of Rochester. New York - Law Department City Hall - Room 400A 30 htu?ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585)428-6950 From: Elliot Shields Sent: Tuesday, June 9, 2020 12:26 PM To: Prince, Stephanie A. Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Around 2:30-3:00 pm should be good. I?ve got my of?ce phone hooked 11p at home, you can call that or my cell On Jun 9, 2020, 12: 13 PM -0400, Prince, Stephanie A. wrote: Elliot Do you have time today to discuss this? I have additional information related to an ongoing investigation by the of?ce. who I understand has reached out to Don Thompson. If you are free today let me know 110w to reach you and I?ll give you a call. Thanks, ?51? Stephanie A. Prince M1u1icipal Attorney City of Rochester. New York - Law Depaltment City Hall Room 400A 30 hlu?ch Street Rochester, New York 14614 p: (585) 428-6752 f: (585) 428-6950 StephaniePlinceQZC itvofRochester. gov From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie A. Mitchell, Shani C. Cc: David Roth Donald Thompson Audra Roth Subject: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links. or provide your username or password if the source is suspicious. Dear Stephanie and Shani, I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any communications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - RR20-01479 Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for recording and all documentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is c1urently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL #RR20-01479. Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer         6 ROCHESTER POLICE DEPARTMENT Name (Last. First. Middle) cr lla'rre cf Business Location of Offense Beat .1 TBA 435 JEFFERSON AVE Rochester 263 L'ate!? rme otOccmerce Offense I Charge Incrdent (Most decent Cassr?rcatron 3 03/23/2020 03:15 Class ?cat or After Inveszigatian (Inc -a/v Sect or humberj BWC No SuspectT/pe Suspect Name (Last. Fi'st. Micdle) llickrame Arrestee PRUDE, DANIEL 3 Date 0" Birtn Age Sex Race Ethnicity JCQ i NY 14611 41 9 l?eiglr: Weigh: Hair Color Hair Length Cye Glasses Complexion ur racial llarr Gang A?il atiorr Black Brown 0 Clozhng. Jewelry. features 'Jtterder Condrton Scars Ma'ks. 'attoos . Impaired Drugs 3 Missing Persor Coce Missing Persor Mothers Maiden Name Nissirg Dersan Pace of Bith Scl?oel ID Number Year Make Vlodel Style Color 11: State Registration VN ?3 Towed to - 8 Towed by - Locator' Recovered Date Owre' Noti?ed by _r 2 tvrdence ct Damage .1 Method ct lhett lrr're Rad \lc?trtec or Recovery NARRATIVE On March 23, 2020 I was tasked by Sgt. Zenelovic to do a neighborhood check in the 400 block of Jefferson Avenue between Dr. Samuel McRee Way and Cady Street. I was able to locate video at 422 Jefferson Avenue. The video was collected by members of the technicians unit. I could not locate any additional video between Dr. Samuel McRee Way and Cady Street. During the canvass I did speak to the following residents on Jefferson Avenue. NII-Abdikadir Muya o? no answer at the door. I did leave a business card asking for a call back. NIO- Gwendolyn Sweet of?. Sweet said that she heard a male yelling an creamrng ou 0 er room ow. weet said that she did not get up to look out her window. She only knew that the police were outside when she saw the crime scene tape. 435 Jefferson Avenue Abundant Life Church closed with no video cameras. Continuance of Changed to Closed by 2 Field Field Field 2 txceptronal Cleararce Bras type Victim to Suspect 3 Unknown 0F) Fropem Recovered Value 0" Frooedy #Arrested SRR Vlultiale Clearup Teletvpe Stath Additional Tecfwork Per?or?ned :ur?tl?er In/estigation Conducted By CIS - MCU Report ng Cf?ie' Date. Reviewed :ly CARBONEL WILFREDO 0636 ZENELOVIC, FLAMUR IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE 428 Jefferson Avenue Pretty Black Society Hair Gallery business closed with no video. 424 Jefferson Avenue is a multiple family apartment building with no exterior video cameras. said that she did not see or hear any mg. 424 Jefferson Avenue #26 no answer at the door business card was left in the door. Dimetrius Holmes M. Holmes said that he saw the police stan Ing see anyone else or what occurred on Jefferson Avenue. Pastine Davism refused to give her phone number. Davis said that she was woke up because she heard someone screaming outside. She looked out of her window that faces Jefferson Avenue. She saw a naked male with the Police. After she saw the male with the police she went back to bed. 450 Jefferson Avenue vacant under construction. LLI 2 n: 5 Report n9 Cf?ze' IBM Date Reviewed By WILFREDO 0636 03/23/2020 ZENELOVIC, FLAMUR 03/26/2020 IAR Case Update Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE Reporting Person Witness PK Person \vIKnowledge NI Not Intervlewed Name last First dcle FOB Sex Race Fih Acdrass Telapnme N7) MUYA ABDIKADIR WILLIAM TANIYA HOLMES DIMETRIUS DAVIS PASTINE Reporting Person Witness PK Person w/Knowledge NI Not Interviewed Name Last First dcle COB Sex Race Eth Acdress TelepnoneNReporting Person Vi?tness PK Person w/Knowledge NI Not Interviewed Name Last First dclo DOB 80! Race Eth Acdrass Tolapnmo No Report ng Limce' IBM LJate Renewed CARBONEL WILFREDO 0636 03/23/2020 ZENELOVIC FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE Victim's Name (Last. Middle) CI ?3118 of Business Location of OlTerIse Beat .1 TBA 435 Jefferson AVE Rochester 213 2 L'atefime otOccmerce Ottense I Charge InCIdent (Most Recent Cassncatlon- I- 3 03/23/2020 03:10 Classi?cator After Investigation (Inc ude _a'N Sect or Number} BWC No SuspectT/pe Suspect Name (Last. First. Micdle) Nickrame 1: Arrestee PRUDE, DANIEL 0 Date 0? Birth Age Sex Race Ethnicity MDRIS JCR i a NY 14611 41 9 I?eigh: Weigh: Hair 0001 Hair Length Glasses Complexion UI racial Hair Gang Af?liation Black Brown 5 Clothing. Jewelry. UIstIngUIshIng Features Otter-der Conditon Scars Marks. Iattoos IJJ 8 Missing Persor Coce Missing Persor Mothers Maiden Name Nissir-g Person Race of Bi'th Scrool ID Number Year Make Model Style Color n: State Registration Towed to - Towed by - LU Locatoi' Recoveied Date Trne Owner Notified by _l 2 EVIdence ct Damage Method of Ihett lime Rad \Iotited of Recovery NARRATIVE On 3/23/20, Inv. M. Hill and were called back to duty by Sgt. Weigel in order to assist Genesee Section with the above incident that had occurred in the area of 435 Jefferson Ave. Upon our arrival, we were briefed by Sgt. Weigel and learned that while Genesee Section Officers were attempting to take (S) Prude into custody for a mental hygiene arrest, when (S) Prude had a medical event and became unresponsive. (S) Prude was then transported to Strong Memorial Hospital in order to receive medical treatment. Sgt. Weigel tasked Inv. Hill and me with interviewing the 911 caller (PK1) Jonathan and (S) Prude's brother, (PK2) Prude. I first called (PK1) Jonathan am. (PK1) Jonathan stated that he works for Gates Towing and wasn't able to respon ac area in order to speak. However, (PK1) Jonathan stated the following: He was in the process of hooking/towing a vehicle in the area of 179 Jefferson Ave. when he observed a bald black male wearing dark colored thermal pants and INVESTI GATI ON Continuance of Charged to Closed by Field Exceptional Clearance BIas type Victim Relationship to Suspect Property Recovered Value 0" Prooedy #Arrested SRR Vlultiole Clearup Teletype Stath Additional Tecl'work Per?ormed :urtker Investigation Conducted By CIS - MCU Report ng Of?cer IFIM Date Reviewed By GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC, FLAMUR 03l26/2020 IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATTVE ACTION REPORT 2020430061280 CASE UPDATE NARRATIVE no shirt. The male appeared to have blood on his stomach and feet and wasn't wearing shoes. (PK1) Jonathan heard the male, later identified as (S) Prude, yelling statements to the effect of, "Call 911. I've got the Coronavirus." (PK1) Jonathan then observed (S) Prude attempt to get into a Medical Transport van that was parked on Jefferson Ave. (PK1) Jonathan informed (S) Prude that he was calling 911 as requested, and at that point, (S) Prude took off heading southbound on Jefferson Ave. (PK1) Jonathan stated that he didn't see the Police Officers take (S) Prude into custody. lnv. Hill and I then responded to? in order to speak with (PK2) Prude. (PK2) Prude then provided a written deposition to lnv. . I regarding the events of the day. See deposition for further. Report ng Cf?:e' GOTHAM IBM 1831 Date 03/23/2020 Renewed 3y ZENELOVIC, FEAMUR 03I26l2020 IAR Case Update Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE Reporting Person Witness PK Person lenowledge NI Not Interviewed Name last First dcle FOB Sex Race Telapnme NT) Justin Reporting Person Witness PK Person w/Knowledge NI Not Interviewed Name Last. First. dcle COB Sex Race Eth Acdrese Telep'toneNo Reporting Person Vthess PK Person w/Knowledge NI Not Interviewed Name Last First. dclo COB Sox Race Eth Acdrass Tolapnmo ND Report ng Limce' IBM LJate Renewed :iy GOTHAM BRANDON 1831 03/23/2020 ZENELOVIC FLAMUR 03/26/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATTVE ON LY Victim's Narre (Last. First. Middle) or Name of Business Location of Offense Beat El City of Rochester 435 Jefferson AVE 233 Bate/Time of Occurrence Offense I Charge Incudent (Most Recent Classmcationi 03/23/2020 03:11 Burg 3ICM 3IMHA incident NARRATIVE On Monday, 03/30/2020 at approximately 2243 hr., I received a voice mail message from Kay Power of University of Rochester/Strong Hospital, informing me that Daniel Prude had died earlier in the evening. I then notified Sgt. Zenelovic and Inv. Benjamin of this change in his status. On Friday, 04/10/2020, was informed by Sgt. Zenelovic that interviews with the three police officers involved in the physical restraint of Daniel Prude would be occurring on Monday, 04/13/2020 at 1030 hr. On Saturday, 04/11/2020, at approximately 2130 hr., I received a call from Sgt. Zenelovic informing me that Mario Perez was in custody at the East Side Office. Perez had previously posted a video on his Facebook account under the user name ?Frederico Kruger". The video was posted on 03/23/20, and it showed Perez driving around the area of Main St/Jefferson Av and taunting a naked Daniel Prude as Prude ran through the streets. I arrived at the East Division Office (home of Patrol Section Investigations at around 2315 hr. Inv. Benjamin had arrived a few minutes before me. Perez was in Interview Room #123 and he was being interviewed by Inv. E. Rogers and Inv. S. Savitchev. They stepped out of the interview room with him at around 2335 hr. After stepping out of the room, the Investigators told Inv. Benjamin and me that they did not mind if we briefly spoke with Perez for a few minutes while they reviewed some surveillance video from their shooting investigation. Inv. Benjamin and I entered the interview room at 2337 hr. Inv. Benjamin and I introduced ourselves to Perez. We then spoke with Perez about the events around the Facebook live video that he uploaded on March Perez said that he remembered that night. He said that he had just driven a female friend home when he was driving up the street and saw a tow truck blocking the street near Jefferson Av and Main St. He said that he saw a man running. The man had been pleading with the tow truck driver, saying ?Please. Please.? He said that he went live on Facebook because the guy was naked. Perez said that he offered to call someone for the naked guy and the naked guy started to chase him. He told us that he saw some kid walking in the street and he warned the kid about the naked guy. Perez said that he was present when the police arrived and he saw the police detain the guy. Perez said that he heard the guy saying to the police ?Look at my balls. Look at my big dick. Get the fuck away from me.? Perez said that the police weren?t on the naked guy while this was going on, but rather standing nearby. Benjamin asked Perez if he saw the police detain the naked man or handcuff him and Perez said Perez further said that he wasn?t even sure if the naked man was handcuffed, but he assumed that he was. Benjamin asked Perez if he saw when the ambulance arrived, and Perez said that he had already left by then. Perez said that he then went home. We continued to ask Perez about the naked man and his behavior. Perez said that after pleading with the tow truck driver the naked man took his long-johns off in the street. Perez told us that could be seen on the video. The naked man was jumping in traffic and Perez said that he almost got hit by a car. Perez said he was acting crazy and he believed the man was on drugs. Perez said that the naked man was saying hate that bitch? and then he told Perez that he had to take a shit. Perez said that the naked man tried to chase him and then the naked guy got down in the street and crouched down and defecated. Perez told us that he was driving his car and he was recording his Facebook live video on his cell phone At approximately 2352 hr., Inv. Benjamin and I ended our interview with Perez. The interview (which was conducted during the middle of a Reckless Endangerment investigation conducted by Rogers and Savitchev) was recorded with audio and video. The entirety of this interview was saved. A copy of the interview as placed into the MCU file for 435 Jefferson Av. On Monday, 04/13/20 at approximately 1045 hr., Inv. Benjamin and I conducted an interview with Officer Mark Vaughn. Reporting Of?cer HOULIHAN MICHAEL IBM 0890 Date 04I23l2020 Reviewed By ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY NARRATIVE The interview was conducted with Locust Club Attorney Dan DeBolt listening in on speaker phone. Prior to the interview, Inv. Benjamin and I had familiarized ourselves with the paperwork and body worn camera footage from all of the Officers involved. Officer Vaughn provided us with a verbal account of the three incidents he responded to involving Daniel Prude on the morning of March 23, 2020. His account was consistent with the BWC footage, as well as the copies of the Incident Report that he filed in connection with the MHA arrest of Prude (RPD and his Subject Resistance Report. Immediately following the interview with Officer Vaughn, we met with and spoke to Officer Troy Talladay. Dan DeBoIt was listening in to this interview as well. Officer Talladay described to us his involvement in the arrest of Daniel Prude on March 23, 2020. He told us that he originally responded to 50 Child St at around 0300 hr. for the report of a missing person. Officer Talladay said that while he was looking around in the area for the missing person he received information over the radio that the missing person could be under the influence of PCP. Officer Talladay?s interview was the same as the details that he documented in his IAR and SRR for the incident occurring at 435 Jefferson Av, as it was with the BWC footage captured and retained as a part of this event. On 04/13/2020 at approximately 1300 hr., I spoke over the phone with EMT Brett Barnes (phone_. asked him if he would be willing to speak with Inv. Benjamin and me about his observations and involvement with the transportation of Daniel Prude to the hospital on March 23, 2020. Barnes indicated that he does not work again until Friday, 04/17/2020 at 1745 hr. On 04/14/2020 at approximately 1030 hr., Officer Francisco Santiago came up to CIS with Sgt. Wiater for his interview. The interview took place in the CIS conference room. At 1040 hr., Inv. Benjamin and I entered the conference room and introduced ourselves. Sgt. Wiater left and we called Locust Club Attorney Dan DeBolt so he could listen in on the interview. The interview was brief, as Officer Santiago?s involvement with Daniel Prude was also brief. Officer Santiago indicated that he was working First Platoon as a K-9 Officer, and he responded to the area of the burglary alarm on West Main St because police K-9?s are often requested for such a call. While on his way to the burglary alarm he received new information over the radio that Officer Vaughn had encountered the possible suspect on Jefferson Av. He responded there and assisted with the arrest. Officer Santiago?s account of his involvement did not differentiate from the documentation that he prepared for the incident (that being his SRR). On 04/22/2020 at approximately 2:04 PM, Inv. Randy Benjamin and I met with Brett Barnes of. Rochester, NY 14620, Phon-) in CID Interview Room #444. Barnes told us that he was working for AMR up until last Sunday when he left AMR to pursue higher education in Connecticut. We asked him about the call at 435 Jefferson Av on 03/23/20. He told us that he was working the ambulance with Julie Purick. He said that they were in the area of Broad St and Main St when a call came in for a alert, which he said could mean anything. They staged at Broad St and Main St until they were cleared to enter the arrest scene. When they pulled up, Julie pulled the ambulance up to about 15-20 feet from where the police were detaining a male (Prude). Barnes told us that he was not certain if it was three or four officers that were detaining the male, but he knew there was one male on the feet of the subject; one male holding down the head of the subject; and one or two males on the back torso of the subject. He told us that the male was wearing a spit sock and his head was turned (he demonstrated the subject?s head turned to the left). He described getting out of the ambulance and getting the stretcher, and he said that while he was doing this he heard Julie say that she was going to get a sedative for the patient. He stated that the patient was moving around and behaving erratically and uncontrollably while the officers attempted to hold him down. I asked Barnes to further describe what he meant by ?erratically and uncontrollably? and Barnes told us that the patient was fidgeting and moving every muscle trying to move. He said when he and Julie Purick arrived on scene that the patient was showing signs of life as evidenced by his body movements and his garbled, slurred speech. He said that shortly after their arrival the subject stopped moving. He sense that something had changed with the patient?s status and he asked the officers to remove the spit sock from the patient. When they did this he could see that the patient was not breathing. He alerted Julie Purick and he immediately started CPR. Purick notified their dispatch that they had a ?medical 500". Barnes estimates that this all occurred in the span Reporting O?icer IBM Date Renewed By HOULIHAN MICHAEL 0890 04I23l2020 ZENELOVIC, FLAMUR IAR Nanative Only Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY of two to three minutes. They loaded Prude onto the stretcher and moved him into the back of the ambulance where they continued CPR until they received a pulse. Once they obtained a pulse, Barnes drove the ambulance to the hospital while Purick continued to monitor Prude?s status. I asked further questions about the physical force/restraint that he observed the police officers using to restrain Prude. He said that Prude was handcuffed. He told me that there was one officer controlling the feet (in the area from the knee down); one officer controlling the head (Barnes described it as ?tripodding?); and one or two officers in the middle. He said that he believes that he observed a knee down across the back. I asked if he observed any other physical actions used to restrain Prude or physically engage him, and Barnes said that he did not see any actions by the police other than the physical restraint he described. Barnes further indicated that nothing looked ?over the top? or malicious in nature, stating that the officers? actions appeared appropriate for what Prude was doing, and necessary to keep Prude from running around the entire street. When asked about Prude?s physical appearance, Barnes told us that he was a male black, above average build; with a muscular, solid build. He then said that he remembered the male probably being in his upper 30?s for age, and somewhere between 180-210 lb. He did not observe any injuries on Prude beyond some minor scrapes and abrasions. He said that his behavior was not normal and his first thought was that Prude was under the influence of drugs. He described ?excited delirium? and the effects that drugs can have on people, and he said that looked like what Prude was exhibiting. At the request of Jennifer Sommers (Attorney General?s Office/Deputy Chief of Special Investigations and Prosecutions) the entire interview was recorded (audio and video) and a copy of the interview was saved in the case file for RPD 061280. Lu 2 p? n: 3 Reporting Of?cer IBM Date Renewed By HOULIHAN MICHAEL 0890 04/23/2020 ZENELOVIC, FLAMUR IAR Nanative Only Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Nan?e (Last. First. Middle) cl Nine of Business Location of Offense Beat El City of Rochester 435 Jefferson AVE 233 Lou Bate/lime of Occurrence Offense I Charge InCIdent (Most Recent Classmcatlon) 03/23/2020 03:11 Burglary 3/ CM 3/ MHA Burglary lnvestigation/ Mental Hygiene Arrest, RPD 435 Jefferson Av, 03/23/20 0311 hr Suspect: Daniel Prude, Narrative: On 03/23/2020 at approximately 0900 hr., lnv. R. Benjamin and I met with Lt. Perkowski and Sgt. F. Zenelovic. The meeting happened in the lieutenant?s office in MCU. During this meeting, Lt. Perkowski informed us that there was an incident that occurred at 435 Jefferson Av earlier in the morning involving a Mental Hygiene Arrest where the arrestee, Daniel Purdue, lost consciousness and went into cardiac arrest while being detained. Lt. Perkowski informed us that there were three separate job cards associated with this MHA. The first incident was a missing person report at 50 Child St, with the CR #20-061276. The second incident was a criminal mischief/attempted burglary that occurred at 767 Main St, RPD and the third incident was an MHA arrest that occurred at 435 Jefferson Av, RPD We were told to compile the majority of our paperwork under the third crime report number, 20-061280. At 0300 hr., Joe Prude called 911 from 50 Child St (RPD to report that his brother, Daniel Prude, had left the house after just being released from Strong Hospital where he had been admitted for suicidal thoughts. Joe Prude reported that his brother was not wearing any shoes and he was only wearing long johns and a white tank-top. Joe Prude was afraid that his brother had run up to the railroad tracks. Officer Mark Vaughn was dispatched to the job and was speaking with Joe Prude when a call came into ECD at 0309 hr. for a burglary alarm at 767 W. Main St (RPD NARRATIVE As officers were heading for the burglary alarm at 767 W. Main St, a tow truck driver by the name ofJustin Jonathan called 911 from his cell phone-) to report that there was a male near the intersection of Main St and Jefferson Av who had no clothes on with blood all over him. Justin Jonathan said that the male was trying to break into a car and was saying that he had the coronavirus. Justin Jonathan said that the male just ran off and was last seen running south on Jefferson Av. Lt. Perkowski told us that Officers Mark Vaughn, Paul Ricotta, Andrew Specksgoor, Josiah Harris, Troy Talladay and Sgt. Michael Magri were all in the area and responded. They found a naked male in the street at the intersection of Jefferson Av and Cady St (435 Jefferson Av) and took the male into custody. One of the officers (later identified as Officer Mark Vaughn) pointed a Taser at the subject and ordered him to the ground for handcuffing and the subject complied. He was handcuffed without any use of force. According to the ECD job card, Officer A. Specksgoor called one in custody for an MHA at 0319 hr. The male then sat upright and began to spit at officers and attempted to get up. The officers applied a spit sock and laid the subject prone on the ground, stabilizing him until the arrival of AMR. While stabilizing him, he vomited and then went unresponsive. According to AMR, there was no pulse and CPR was required during transport to Strong Hospital. The subject was identified as Daniel Prude, a male with the date of birth- He recently moved to Rochester to stay with his brother, Joe Prude, a? Information was that Daniel Prude had been transported to Strong Hospital on 03/22/2020 at approximately 1920 hr. for a mental health evaluation. According to Joe Prude, he was only at the hospital for a few hours when he returned to- at around 11 PM. Reporting Of?cer IBM Date Reviewed By HOULIHAN MICHAEL 0890 03I26I2020 ZENELOVIC, FLAMUR Nm?q?W. ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 0-00061 0 NARRATIVE ONLY Inv. R. Benjamin and I went to Strong Hospital at around 1030 hr. to check on the status of Daniel Prude. When we arrived in the ED. we were informed that Prude was in the Intensive Care Unit, 4-2800. We went to that unit and spoke with the nurse manager, Alexandra Cilano She told us that she could not provide specific information about Daniel Prude?s health due to HIPA laws. She did offer that since Prude is being treated in the ICU his condition is considered ?Critical? but he was in stable condition. Although Cilano was guarded with the information on Prude, I learned that he was on a breathing tube and was not allowed any visitors (clue to ConD-19 procedures). Cilano referred us to the Public Safety supervisor at 585-275-3333 for further information. Inv. Benjamin and I then relocated from Strong Hospital to to make contact with the family of Daniel Prude. We met with Joe Prude (m/B and his wife, Valerie Stotts They indicated that they had tried to see Daniel Prude at Strong Hospital but were denied access due to the Coronavirus quarantine. Stotts said that she spoke with a Doctor on the phone (she could not provide the Doctor's name during our interview) and the Doctor told them that Daniel had been without oxygen for an extended period of time and he would likely be ?brain dead?. Stotts and Prude stated that they had contacted an attorney and they were quite angry that Daniel Prude had been released from Strong after such a brief period of time. Inv. Benjamin and I then went to AMR Ambulance Corp, 811 West Av, Phone 585-777-7777, to try to speak with the ambulance personnel who attended to Daniel Prude. We met with a shift supervisor there who told us that none of the crew that had been on around 0300 hr. were still working. We provided contact information to him to relay to ambulance personnel Julie Purick and Sean O?Donnell. At approximately 1215 hr., Valerie Stott contact Inv. Benjamin by phone to provide the name of the Doctor at Strong Hospital that they had talked to. That Doctor?s name is Dr. Soniwara. Inv. Benjamin and I then drove to_ to meet with Justin Jonathan (the 911 caller for the possible 10?78 at W. Main St and Jefferson Av). Jonathan told us that he is a tow truck operator for Gates Towing. He was working a towing job at an alley near the intersection of Main St and Jefferson Av when a male black, about 40 years old, approached him and asked him to call 911. Jonathan said that the male was claiming to have the Coronavirus. Jonathan said that the male had blood on his feet and his stomach. The male tried to open a locked car door on a blue minivan that was parked in the area. Then, the male got down on his knees and begged Jonathan to call 911. Jonathan told him that he was already on the phone with 911. Jonathan said that when he told the man this, the man said something to the effect of ?Oh shit, I gotta? leave? and the male started to run down W. Main St to Jefferson Av and then turned southbound on Jefferson Av. Jonathan said that the police arrived in the area and he went back to work towing the vehicle he was there for. Jonathan said that after he hooked the vehicle up he looked down Jefferson Av and saw several police cars and a few police officers standing around the male, who was laying on his side on the ground. Jonathan said that it appeared that the male was handcuffed with a light colored hood over his head. Jonathan drove around the block and again looked down the street briefly at the scene. He could see a few police officers crowded around the male on the ground (who he said appeared to be on his side) and he could see that there was an ambulance on scene and a fire truck. Jonathan said that he stayed in his truck and did not spend much time watching what was going on. NARRATIVE AT 1430 hr., Inv. Carbonel and I returned to the area of 435 Jefferson Av to conduct a neighborhood check of the area between Cady St and Dr. Samuel McCree Way (refer to IAR submitted by Inv. Carbonel regarding details of this neighborhood check). At 1511 hr., Julie Purick called and made arrangements to meet with Inv. Benjamin and 1625 hr., I spoke with University of Rochester/Strong Hospital Security Supervisor Kay Power She asked if Daniel Prude was a suspect, witness or victim. I told her that Prude had been transported to Strong Hospital as a Mental Hygiene Arrest, but there could be criminal charges filed against him when he is released. I told Power that we would like to interview Prude, when and if possible. Power told me that she would advise me when Prude is discharged or Reporting O??cer IBM Date Reviewed By HOULIHAN MICHAEL 0890 03/26/2020 ZENELOVIC, FLAMUR IAR Narrative Only Page 2 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY NARRATIVE moved to another unit. AT 1650 hr., Inv. Benjamin and I met with AMR paramedicJulie Purick She informed us that she was working the shift starting at 1745 hr. on 03/22/2020 with EMT Brett Barnes in Rig #7989. Shortly after 3 am they were dispatched to the area of W. Main St and Jefferson Av for a call. The details were that there was a bloody male running in the street naked. They arrived in the area at 0313 hr. and staged at Nick Tahoe?s, 320 Main St. They were called in to the scene at 0318 hr. The drove westbound on Main St and turned southbound on Jefferson Av, arriving at 0320 hr. Brett Barnes retrieved the stretcher while Purick approached RPD. As she approached RPD one of the officers asked her if she was grabbing the gurney because the subject was fighting. Purick said that she could see the subject actively resisting and attempted to get up. She could hear the subject talking incoherently. She said the subject had a spit sock on. She told the officer she was going to get a medication to sedate the subject. She stated that her observations of the subject were that he could be experiencing ?excited delirium?, which she described as a condition in which the subject is experiencing agitation and aggression; increased heart rate and respiration; overheating (which she stated would explain the subject being naked on a night when temperatures were around 32 degrees with mixed snow and precipitation); sweating, flushed appearance; excessive strength, a high tolerance for pain and incoherent speech. She indicated that excited delirium is commonly associated with drug use like cocaine and PCP. As Purick was going to get the medication to calm the subject the patient went silent. She heard Brett Barnes say that she was needed, and she heard Brett Barnes tell the officers to roll the subject over and remove the handcuffs. There was a moment while the officers were trying to find a handcuff key, and Barnes and Purick started CPR. When the officers found a handcuff key, they rolled the patient over and took the cuffs off and then continued to perform CPR. The subject was transported to the gurney and put into the back of the ambulance, where Epinephrine and Sodium Bicarbonate were administered. The patient was then intubated and at 0341 hr. the patient?s heart began to beat on its own. They transported Daniel Prude to Strong Hospital and arrived at 0347 hrs. On Tuesday, March 24, 2020, at approximately 1100 hr., I went to the Family Dollar located at 715 W. Main St. I spoke with the store manager, Tonya Greenlea She indicated that the store does have exterior cameras in good working order and that RPD Technicians could have access to the system if they called or met with her before 3 PM. I relayed this information to Sgt. Zenelovic who made arrangements for a technician to respond. I checked the corner store located at 613 Main St and spoke with the clerk, Mahamed Algohaim. He told me the exterior cameras at the location were in good working order and he had the passcode for the camera system, although he claimed not to know how to download video files from the system. He provided a phone number of 585-270-4559 for the store and told me that he would be there all afternoon if a technician wanted to stop by. I also found video footage available at the corner store located at 259 Jefferson Av (The Clifton Food Market). I spoke with Hani Muthana who told me that his video system is always available to the police. I told him that a technician would be stopping in to retrieve about ten minutes worth of video. Arrangements were made for the technician to stop by both location after downloading the video from the Family Dollar. Other locations that were check with negative results were as follows: 0 Mason?s Deli, 396 Jefferson Av, Phone 585-235-3168. Female at location told me that the cameras are not recording. 0 The Seventh-Day Adventist Church, 309 Jefferson Av. There was no answer at the location. 0 Nichol?s Brother?s Collision, 705 W. Main St, Phone #585-235-0897. I spoke with an employee there named John who told me the exterior cameras affixed to the shop do not record. On 03/24/2020 I was in contact with Strong Hospital Security (Kay Power). She indicated that there has been no change in the status of Daniel Prude. He is still listed in guarded condition in the ICU, intubated and unable to be interviewed. She Reporting O??cer IBM Date Renewed By HOULIHAN MICHAEL 0890 03I26l2020 ZENELOVIC, FLAMUR IAR Nanative Only Page 3 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY informed me that if his status changes she will advise. On March 26, 2020 at approximately 0930 hr. I contacted Strong Memorial Hospital to inquire about the medical records that had been subpoenaed by ADA Duckles. She indicated that the hospital?s Copy Services division had been instructed to send the records to ADA Duckles by March 26, 2020. The hospital?s order number for this request is #6262362500. As of the afternoon of 03/26/2020 I had not further involvement in the investigation. LLI Report ng Of?ce' IBM Date Reviewed By HOULIHAN MICHAEL 0890 03l26/2020 ZENELOVIC, FLAMUR Narrative Only Page 4 OF 4 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY CR 2020-00061 280 Victim's Name (Last, Firslt Middle) Cl Name of Business Location of O?'ense 435 Jefferson AVE Beat 233 Bate/l Irne 0t Occurrence 03/23/2020 03:11 DETAIL Ottense I Charge InCIdent (Most Recent Uassu?lcatlonj- NARRATIVE On 03l23/20, I assisted with the above incident. At 0810 hrs., I located the suspect's white tank top on the sidewalk, in front of 767 W.Main Street. Technician Mueller responded and collected it. Report-n9 Of?cer FRYE THOMAS IBM 1827 Date Reviewed By 03l27l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020'00061280 CASE UPDATE Victim's Name (Last. l?iist. Middle) CI ?3118 of Business Location of OITerIse Beat _l PRUDE, DANIEL 435 Jefferon AVE Rochester 233 2 L'atefime otOcurIerce Ottense I Charge InCIdent (Most Recent Cassncatlon- 03/23/2020 03:11 Classi?cator After Investigation (Inc ude _a'N Sector number} BWC No SuspectT/pe Suspect Name (Last. First. Micdle) Nickrame 3 Address Date 0? Birth Age Sex Race Ethnicity JCR 3? 9 I?eigh: Weigh: llaiI Length Glasses Complexion Build Facial Hair Gang Clothing. Jewelry. UIstIngUIshIng Features Otter-der Conditon Scars Marks. Iattoos (L 3 Missing Persor Coce Missing Persor Mothers Maiden Name Nissir-g Person Race of Bi'th School ID Number Year Make Model Style Color State Registration Towed to - 8 Towed by - Locatoi' Recoveied Date Tine Owner Noti?ed by EVIdence ct Damage Method of Ihett lime Rado \Iotited 0" Recovery ON 3/23/20 DURING 2ND PLATOON ROLL CALL RO WAS ASSIGNED TO ASSIST WITH THE FOLLOW UP OF THIS ONGOING INVESTIGATION. RO WAS TASKED WITH CHECKING THE CAMERAS IN THE AREA OF W. MAIN ST. RO CALLED THE CAMERA ROOM AS THERE IS A CITY BLUE LIGHT CAMERA AT THE CORNER OF W. MAIN ST AND HENION ST. RO SPOKE WITH PSA HETZLER WHO CHECKED THE CAMERA AND STATED THAT BETWEEN 0300HRS AND 0301 HRS THE MALE WAS SEEN ON CAMERA. HE WAS IN THE VALERO GAS STATION LOT (799 MAIN ST) ACTING TUMULTUOUS THEN LEFT THE FRAME. HE WAS WEARING THE DARK COLORED LONG JOHNS AND WHITE TANK TOP. HETZLER BOOKMARKED THE VIDEO AND DOWNLOADED IT TO A HARD COPY THAT WAS TURNED INTO THE PROPERTY CLERKS OFFICE. THAT PARKING LOT IS NEXT TO THE 767 (METROPCS) AND 781 (HAIR BIZZ) W. MAIN ST SHARED PARKING LOT. Continuance of Charged to Closed by 2 Not Applicable (non-crime) txceptlonal Clearance BIas type Relationship to Suspect 6 5 Property Recovered Value 0" Prooeny #Arrested SRR Vlultiole Clearup Teletype Stath LU 2 Additional Tecl'work Per'orrned Further Investigation Conducted By Report ng Of?cer Date. Reviewed Fly GONZALEZ ANTONIO 1394 03l23l2020 ZENELOVIC, FLAMUR 03l23/2020 IAR Case Update Page 1 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT CASE UPDATE 2020-00061280 NARRATIVE AT 0309HRS THE ALARM CALL FOR SERVICE CAME IN FOR 767 MAIN PCS) AS THE GLASS BREAK DETECTOR WAS TRIGGERED. 1ST PLATOON OFFICERS ARRIVED ONSCENE AND CONFIRMED THAT THE GLASS WINDOW WAS BROKEN AND REQUESTED A BOARD UP. 2ND PLATOON OFC. T. FRYE LOCATED A BLOODY WHITE TANK TOP ON THE W. MAIN ST SIDEWALK IN FRONT OF METRO PCS AT 0730HRS RO RESPONDED TO 767 MAIN ST AND SPOKE WITH (PK1) WHO IS THE STORE OWNER OF METROPCS AND HE STATED THAT THE CAMERAS IN THE PARKING LOT ARE RUN BY THE FOLKS WHO OWN THE HAIR BIZZ. HE DID NOT HAVE THEIR CONTACT INFORMATION BUT HE STATED THAT THEY OPEN UP AT 1000HRS. RO CHECKED THE HAIR BIZZ SEVERAL TIMES AFTER 1000HRS BUT THE BUSINESS REMAINED CLOSED. THERE WAS NO CONTACT INFORMATION POSTED ON THEIR DOOR OR WINDOWS. RO HAD ADMIN CHANNEL 5 SEARCH FOR THEIR CONTACT INFO WITH NEGATIVE RESULTS. RO CHECKED LERMS FOR BUT THE ONLY ENTRY WAS A DIFFERENT LOCATION FROM 2010. CONTINUANCE OF A NON CRIMINAL INCIDENT. Report ng Cf?:e' GONZALEZ ANTONIO IBM 1394 Date 03I23l2020 Reviewed By ZENELOVIC, FLAMUR 03I23l2020 IAR Case Update Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 CASE UPDATE Person Witness PK Person lenowledge NI Not Intervlewed Name last First Mdcle FOB Sex Race Fih Acdrass Telapnme NT) PK NAHSH MOHAMMED A Reporting Person Witness PK Person w/Knowledge NI Not Interviewed Name Last. First. dcle COB Sex Race Eth Acdress Telepnone Reporting Person \Mtness PK Person w/Knowledge NI Not Interviewed Name Last, First. dclo COB Sox Race Eth Acdrass TolapnmoNJ Report ng Limce' IBM Uate Renewed jy GONZALEZ ANTONIO 1394 03/23/2020 ZENELOVIC FLAMUR 03/23/2020 IAR Case Update Page 3 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Name (Last, First. Middle) cr Na'ne of Business Location of O?'ense Beat 5 435 JEFFERSON AVE 233 L'atelilme otOccurlerce Oh?ense I Charge InCIdent (Most Recent Cassncatlonv 03/23/2020 03:11 NIA On 03l23/20 at or about 0300 I responded to the area of Jefferson Main St for the report of a male running around naked stating that he had the virus. While in the area, officers did locate the male who was later identified as (S) Daniel Prude. Once I arrived, (S) Prude was handcuffed and laying naked in the middle of the street, in front of the above location. While officers were waiting for the arrival of AMR, (S) Prude began to state that he wanted to take an officers gun and attempted to get off the ground and come toward officers. (S) Prude was controlled by officers. I then left the location and responded to another priority job involving a male with a knife. I returned to the above location around 0330 hrs. Once I arrived, (S) Prude was already on the ambulance (#7989). The following AMR staff were at the scene: -Paramedic, Julie Purick -Paramedic, Sean O'Donnell -EMT, Brett Barnes -Supervisor, Melissa Greek-Rouse -Supervisor, McKenzie Moranz I then followed AMR to SMH where he received treatment from Dr. Tenney and SMH staff in the emergency department. While at the hospital I took the following photos of (S) Prude: - eft foot showing a laceration -right foot showing a laceration -right forearm and bicep area showing an abrasion - eft shin area showing a contusion - eft hand with laceration NARRATIVE (S) Prude was transported to room 4.1818 I remained with Prude until Sgt. Magri informed me to secure. At the time of this report, (S) Prude remained in critical condition. No further information. Report ng Of?cc' IBM Date Reviewed By HARRIS JOSIAH 2279 03l24l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY 2020-00061 280 DETAIL Victim's Name (Last, Middle) Na'ne of Business metro pc Location of O?'ense 767 MAIN ST Beat 213 L'ate!? Ime 0t Occurlerce 03/23/2020 03:10 Oh?ense I Charge InCIdent (Most Recent Cassncatlonv criminal mischief NARRATIVE RO RESPONDED TO 424 JEFFERSON AVENUE TO ATTEMPT TO LOCATE VIDEO. ON SCENE RO SPOKE TO THE OWNER THAT OPENS THE STORE IN THE MORNING. HE SAID HE DOES NOT KNOW HOW TO WORK THE CAMERAS HOWEVER HIS SON COMES IN TO WORK AT THREE AND CAN HELP WITH THE CAMERAS AT THAT TIME. Report ng Of?ce' LARU EZ JAMES IBM 1787 Date Reviewed By 03l25l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY DETAIL L'ateli me of Occurrence Victim's Name (Last, Firsts Middle) or Name of Business Location of O?'ense 435 Jefferson AVE 233 Deal 03/23/2020 03:11 MHL 9.41 Ottense I Charge InCIdent (Most Recent Cassncatlonv NARRATIVE On Monday 03l23l2020 I was tasked with checking the area of Jefferson Ave from Dr Samuel McCree Way north to Main St for clothing worn by mental hygiene arrestee Daniel Prude 09/20/1978. The clothing consisting long underwear and a white tank top that was reportedly removed by Prude prior to police contact and the subsequent MHA. I did locate a pair of black long underwear in the roadway on Jefferson Ave at Adams St at approximately 0750hrs. I requested a tech to respond. Tech Ofc Mueller responded to photograph and collect the same. Report ng Of?ce' SERINIS TED IBM 1605 Date 03l23l2020 Reviewed By ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY Victim's Narre (Last. First. Middle) C: Ila'ne of Business Location of Offense Beat PRUDE, DANIEL 435 Jefferson AVE 233 Late/"me 0t Occurrence Oh?ense I Charge InCIdent (Most 4ecent Cassncatlon- 03/23/2020 03:11 DETAIL On 03l23/2020, at 0311 hours, I responded a? for a report of a male who ran out of the house. Upon arriving on scene I made contac WI oe Prude. Joe stated his brother, Daniel Prude, just ran out of the back door of the house without explanation. Joe advised Daniel was wearing only a white tank top and black long johns, with no shoes or jacket. Joe stated Daniel had returned to the residence at approximately 2100 hours from being earlier in the day. Joe said Daniel is known to abuse PCP. Joe said Daniel said he wanted to kill himself and threw himself down a flight of stairs earlier in the day. Joe stated since returning to the residence Daniel had acted calm, not made suicidal statements, and had not used any substances to his knowledge. Joe said Daniel did not have a history of suicide attempts before today. As I was speaking with Joe, Dispatch advised they received a call about a male in the area of Jefferson Ave and West Main St, running down the road in only blue pants and no shirt. Joe immediately stated the call was probably his brother Daniel. I responded to the area of 435 Jefferson Ave, where officers had located and detained the male. I observed the male to be naked, handcuffed, and laying on the middle of Jefferson Avenue. I asked the male if he was Daniel Prude and the male advised he was Daniel Prude. I observed Daniel to have minor lacerations on his body. Daniel was yelling and rolling around on the ground while waiting for AMR to arrive on scene. Daniel asked officers several times to give him one of their guns. Daniel was officially at 0319 hours. At this point I returned to my patrol vehicle to begin MHA paperwork. As I was completing the MHA paperwork AMR arrived on scene. I positioned my patrol vehicle behind the AMR ambulance to prepare to follow them to Strong Hospital. At this time I looked up and observed AMR performing CPR on Daniel. NARRATIVE Daniel was transported to Strong Hospital by AMR. I set up tape around the scene. I responded to. to maintain custody of the residence. I cleared the scene when directed by Lt Tordai. Nothing further to report at this time. Report ng Of?cer IBM Date Reviewed By SPECKSGOOR ANDREW 2792 03/26l2020 ZENELOVIC, FLAMUR ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ONLY Victim's Name (Last. First. Middle) Na'ne of Business Location of O?'erise Deal Prude, Daniel 435 Jefferon AVE 233 L'ateflme otOcurrerce Ottense I Charge InCIdent (Most Recent Cassr?lcatlon- 03/23/2020 03:11 DETAIL On 3/23/20 at approximately 0300 hours I responded to the area of?CR 20-061272) for the report of a male wearing a white tank top and long johns that had run rom ocation in an unknown direction. Prude was previously at Strong Hospital earlier in the day for being suicidal. It was broadcasted by officers who spoke with Prudes brother that he was on PCP. Officers were then dispatched to 767 W. Main St. for a burglary alarm (CR 20-061277). Once on scene officers observed a broken storefront window. A third call came in for a black male wearing blue pants and no shirt in the area of Jefferson Main St. I responded to the area and continued South down Jefferson Ave looking for the male. Prude was located by Ofc. Vaughn in the area of 435 Jefferson Ave. While Prude was handcuffed on the ground I instructed him to stay on the ground while waiting for AMR to respond. Prude made comments about wanting my gun, attempting to spit on me and then attempted to stand up. I used force to keep Prude on the ground while waiting for AMR, see SRR. While waiting for AMR to get the gurney off the rig, I observed Prude become unresponsive. AMR then began to treat him. AMR stopped chest compressions for a moment and rolled Prude over on his left side so I could remove the handcuffs and he could continue receiving treatment. LU 2 2 Report ng Of?cer IBM Date Reviewed By TALADAY TROY 2794 03l24l2020 ZEN ELOVIC, FLAMUR m. ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Nan (Last. First. Middle) Name of Business Location ulOlTense Beat 2? 435 Jefferson AVE 233 Eatef?ime of O?ense Charge Incident (Most Recent Cassi?icationv 03/23/2020 03:11 On 3/23/20 at approximately 0300, responded to the area of Jefferson Ave/ Main st for the call of a male running down the street bloody and no shirt. It was believed that it was in relation to a suspicious persons at_ and possibly the burglary at 767 Main St 20-061276). While checking the area I heard of?cers call out that they had the male at Jefferson and McCree. While pulling up to that location they called out that he was in custody. I parked my patrol vehicle and approached on foot. I observed the male on the ground with officers standing around him. At this time the male was completely naked and handcuffed behind his back. I requested AMR to respond to the location for the MHA. While waiting for the ambulance to arrive the male stayed on the ground but was continuously yelling. He was also sticking his hand between his butt checks and stating he had "shit" on his hands and he was going to eat it. He continued yelling various things towards officers and asked for their guns. At one point the male attempted to get up and officers moved in to ground stabilize him. The male was still yelling and AMR eventually arrived. AMR exited and officers believed the male may have stopped breathing. They rolled him onto his side and confirmed their observations. AMR then began lifesaving measures on the male. AMR then transported the male to Strong Memorial Hospital and I had no further contact with the male. I was later told that the male was Daniel Prude who was in fact the male from the original call at_ NJ 2 Report ng Of?cc' IBM Date Reviewed By MAGRI MICHAEL 1673 03/24/2020 ZENELOVIC, FLAMUR mum . I ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 2020-00061280 NARRATIVE ON LY Victim's Nan?e (Last. First. Middle) cr Narre of Business Location of O?'ense Beat El City of Rochester 435 Jefferson AVE 233 Lou [Sate/Time of Occurrence Offense I Charge InCIdent (Most Recent Classmcatlon?: 03/23/2020 03:11 3rd On 03/23/20 at approximately 0910 I met with Lt. Perkowski at the Public Safety Building. He assigned me to coordinate an investigation involving an MHA/Bur?glary which occrured at approximately 0315hrs at 435 Jefferson Ave. The involved suspect, identi?ed as Daniel Prude, lost consciousness during the incident while of?cers were stabilizing him on the grormd. I assigned investigators Houlihan and Benjamin as the lead investigators and we were briefed by Lt. Perkowski. We learned that Genesee Section O?icers were dispatched to a 911 call at regarding an MHA. Joe Prude reported that his brother, Daniel Prude, was using drugs and was suicidal, and left the location on foot. Of?cer?s also learned ?'om Joe Prude that Daniel Prude was taken into custody for a Mental Hygiene Arrest on 03/22/ 20 by RPD Of?cers at approximately 1900 hrs. I also learned that Prude had traveled to New York on Amtrak and was directed to leave the train at the Depew NY Train station due to his runuly behavior. While of?cers were looking for Daniel Prude, they were made aware of a 911 call reporting a burglary alarm at 767 W. Main St. Upon arrival of?cers found forced entry at that location. Another 911 call came in for the report of a male covered in blood claiming to have corona virus rruming down Jefferson Ave. Of?cer?s Vaughn, Talladay and F. Santiago located a male who they determined to be Daniel Prude in the street at 435 Jefferson Ave. Daniel Prude was ordered to the grormd and detained without incident. At the time he was located Prude was naked. While waiting for the AMR ambulance to respond Prude began spitting and of?cers placed a spit sock over his head to minimize the potential of exposure to of?cers. At some point Prude tried to stand from a seated position telling an of?cer to give him his gun. Of?cers Vaughn and Talladay directed Prude to a prone position and stabilized him It was during the period that Prude was restrained that he apparently vomited and fell unconscious. An ambulance arrived shortly after of?cers located Prude. The paramedics performed CPR on Prude and ultimately reestablishing a heartbeat. Prude was transported to Strong Memorial Hospital where he was listed in critical condition. All three of?cers are assigned body cameras and I learned they had their body cameras activated during the incident. Their cameras had been docked and the footage uploaded to C3. NARRATIVE I learned that Sgt. M. Magri and Of?cer J. Harris were at the 435 Jefferson Ave. scene arriving after Prude was detained. They did not have any physical contact with Prude. They are also assigned body worn cameras and had them activated dru'ing the incident. The BWC footage was downloaded to 3. The following o?icers also responded to either the call, the 767 W. Main Street call, or responded to the area of 435 Jefferson Ave. to assist with traf?c points, tech work or assisted with other assigrnnents. Those of?cers include: Lt. L. Tordai Lt. G. Bello Sgt. N. Tamburello Sgt. E. Rathfelder Sgt. E. Weigel Sgt. R. Romig Reporting Of?cer IBM Date Rew'ewed By ZENELOVIC FLAMUR 1543 04/27/2020 JOSEPH, DAVID A. I. I I CE, ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY NARRATIVE Ofc. A. Jackson Ofc. G. Rivera Ofc. H. Bellot Ofc. M. Brongo Ofc. J. Breen Ofc. P. Ricotta Ofc. A. Specksgoor Ofc. Algarin Inv. M. Hill Inv. B. Gotham Tech. R. Radell We viewed the body camera footage ??om O?icers Vaughn, Talladay, Santiago, Harris, and Sgt. Magri. The recorded video footage should be viewed for more details. I was advised by Lt. Perkowski that the involved of?cers completed their reports including subject resistance reports prior to the end of their tour of duty. Copies of said reports were sent to my of?ce for review. I contacted the Emergency Communications Department and requested copies of all 911 calls and related job cards. They were later reviewed and made part of the case ?le. I requested the Mom?oe Crime Analysis Center follow lip with the Erie Crime Analysis Center to obtain copies of any police related reports or dispatch cards. I received Via e-mail complaint information forms from the heektowaga, Depew and Orchard Park Police departments. All three agencies had some form of contact with Daniel Prude on 03/22/20 while he was in the Brl?alo area. I was updated by Genesee Section Sgt. Ince on the status of the neighborhood check conducted by second platoon Of?cers A. Gonzalez, J. Lalu'ez, T. Serinis and T. Frye. I learned that a white T-shirt and a pair of blue long johns believed to belong to Daniel Prude were located dru'ing the neighborhood canvass. Those items were recovered by Technicians and tinned into evidence. See reports by the o??icers for more information. I also assigned several video retrieval requests for the technicians to follow 11p on. Video was retrieved ?'om 259 and 422 Jefferson Ave., as well as 613, 715, 767, 781, and 799 West Main Street. I downloaded video footage from blue light cameras located at Child Street-Danforth Street and W. Main-Henion Street. The video was reviewed and a basic timeline was established of Daniel Prude?s travel ??om the time he left the area of 50 Child Street until he was stopped by o?icers at 435 Jefferson Ave. I requested Matt Ehlers from the Body Worn Camera Of?ce create a video compilation encompassing clips of surveillance video which capture Daniel Prude?s travels. The video compilation was completed on April 20th and has been made part of the case ?le. On April 14th, I spoke to Of?cer Curt Blizzard, telephone who is an Amtrak Police Of?cer. At the time of 0m phone call Amtrak had no docrunented reports regarding the interaction with Daniel Prude other than the fact that he was told to leave the train. Of?cer Blizzard said the Depew Police Department normally handle calls if Amtrak Of?cers are not available to respond to the train station. On April 16th I was advised by 1st Assistant District Attorney Perry Duckles that this investigation falls under the jm?isdiction of the New York State Attorney General?s Of?ce. The Mom?oe ormty District Attorney?s Of?ce will Reporting Of?cer IBM Date Renewed By ZENELOVIC FLAMUR 1543 04/27/2020 JOSEPH, DAVID A. IAR Nanative Only Page 2 OF 3 ROCHESTER POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT NARRATIVE ONLY NARRATIVE no longer be involved in this investigation. I spoke with Jennifer Somrners who explained her of?ce would have jru'isdiction over this case based on Executive Order No. 147 and would be assigning an investigator. I provided a copy of all reports to her of?ce by e-mail. On Friday April 17, I provided a copy of all documents, video and photographs via an external hard drive. I obtained a copy of training records relative to trained techniques used by Of?cers Vaughn, Taladay and Santiago. The techniques used to stabilize Prude on the ground include segmenting, knee on top, and leg control were topics covered dm?ing 2020 Winter In-Service. All of?cers attending the in-service training had to demonstrate pro?ciency on multiple techniques. See below for more details. Mark Vaughn attended in-service on 02/20/20 and the pro?ciency test was administered by Defensive Tactics Instructor Of?cer Justin Trzcinski IBM #2197. Of?cer Vaughn was also trained on the techniques and evaluated as part of his duties with the SWAT team 08/13/19 by Defensive Tactics Instructor Don Wasser IBM #1782. Troy Taladay attended ill-service on 01/22/20 and the pro?ciency test was administered by Defensive Tactics Instructor O?icer Chris Renz IBM #1081. O?icer Taladay was also trained on the techniques while he was in the academy on 10/10/18, 10/15/18 and 12/13/18. Francisco Santiago attended irr-service on 02/ 14/20 and the pro?ciency test was administered by Defensive Tactics Instructor Of?cer Chris Renz IBM #1081. Please see copies of the training materials and copies attendance sheets including in the case ?le. i 2020 Defensive Tactics Lesson Plan iv Public Safety Training Facility Defensive Tactics Training Manual iv Basic ourse for Police Of?cers Defensive Tactics and Principles of Control Manual "i 2020 Defensive Tactics Instructor In-Service Schedule "i 2020 Winter In-Service Defensive Tactics Training Attendance Form i DC Program Pro?ciency Test, Winter In-Service 2020 Form ?i DT Program Schedule for Class #66 A Platoon i DCJ DTI Manual Additional training records related to when Of?cer Vaughn received training on the hypoglossal pain compliance control technique are maintained by the Public Safety Training Center and are c1urently unavailable. The training center is closed as on 04/20/20 due to the Covid-l9 shutdown. Investigator"s Houlihan, Benjamin and I conducted a complete review of body worn camera footage, surveillance video footage, as well as the reports and interviews of the involved o?icers and paramedics. Based upon the investigation, the of?cers? actions and conduct displayed when dealing with Prude appear to be appropriate and consistent with their training. Reporting Of?cer IBM Date Renewed By ZENELOVIC FLAMUR 1543 04l27l2020 JOSEPH, DAVID A. IAR Nanative Only Page 3 OF 3 ROCHESTER POLICE DEPARTMENT 2020-00061280 Page 1 0' 3 INCIDENT REPORT Incident Ty pe Report Date Report Time Date From From Date To Time To .1 IR- Non-Criminal Incident 03/23/2020 03:11 03l23l2020 03:11 03l23l2020 03:11 2 Incrdent Address Beat Campus Code I- 435 Jefferson AVE 233 Violent Crime Context BWC Yes Statute Attempt/Commit - Counts Description - Locat on Weapon Laraeny Type Aggravated Assault Circumstances Gang Related Computer bias 'ype Entry '-?ornt Method of Entry it at Premises Entered a) 2 Statute - Attempt/Commit - Counts - 3 - Locat on \Vcapon Larceny Type Aggravated Assault Circunstances Gang Related Computer Eias 'ype Entry Doint Method of Entry of Premises Entered Victim Iype Victirr Name (-ast. I- rst. Midd 9) Address Date of Birth Age Sex Race Ethnicity Residence Stath 5 i: City. State. Zip Victim/Offender Relationship (Offender Name DOB. Relationship) Telephone Level of Injury Type 0? IrjU'y Medical Treatment Reporting Person Witness PK Person w/Knowledge NI Not Interviewed Type Name I set First Midolev DOB Sex Race Aodrese Telephone No 0 3 RP Jonathan, Justin Lu a PK Prude, Joe - Typo Suspect ?lame (Last. First. Nickname . Arrestee Prude, Daniel 0 Date of Birth Age Sex Race Ethnicity JCR NY 41 NEW 2 Height Weight Hair Co Thursday, June 18, 2020 9:03 AM Vargas, Jose M. Collins, Justin R. FOIL fyi  Requestor # RR20-02514 Brief Request Summary: Personnel and disciplinary histories for officers in Daniel Prude death Requestor Name: Elliot Shields Organization/Firm: Roth & Roth LLP Email Address: eshields@rothandrothlaw.com Address: Roth & Roth, LLP, 192 Lexington Avenue, Suite 802 New York, NY, 10016 United States Home: Work: Phone Number(s): Mobile: Fax: Request Type: Police - Incident Date(s): - 1 Description of Request: In light of the repeal of Civil Rights Law Section 50-a, produce the complete personnel and disciplinary file of Police Officer Mark Vaughn, Troy Taladay, Franck Santiago, Michael Magri, Flamur Zenelovic, Michael Houlihan, and Randall K. Benjamin; Specifically, produce:1. The Complete Professional Standards Section Files; 2. The Complete Personnel files;3. The Complete Professional Development Section Files;4. Copies of every citizen complaint referencing the officers in any way;5. Every subject resistance report ever created by any of the officers, or referencing them in any way;6. Every command discipline report form, RPD 1334;7. All notices of Claim, complaints, judgments, and settlement paperwork from any incident involving any of the officers.8. Concise Officer History Reports.9. Produce copies of any documentation of meetings regarding patters of unsatisfactory performance identified by the subject officersInvalid Emoji evaluating supervisors, including any Invalid Emojiaction plans.Invalid Emoji (See GO 207 V. E. 7.). Addresses: Reference Numbers:     Margarita Perez‐Dunham  Rochester Police Department  FOIL Coordinator  185 Exchange Blvd  Rochester New York 14614  phone  585‐428‐7504  fax         585‐428‐7878            2 TAB 28 City Records Access From: Sent: To: Cc: Subject: Attachments: Mitchell, Shani C. Wednesday, June 24, 2020 12:55 PM Smith, Mark D. Bellucci, Amalia; Fratta, JosephC.; Newton, Trevor; Prince, Stephanie A.; Beath, Patrick; Zollars, Sandra Extensions Requested for FOILs relating Discipline Records Extension List of Requests.xlsx Mark: I have requested extensions for the existing requests, that I have knowledge of, and we should address them relative to their due dates. If you have any questions, please feel free to contact me. See attachment. Best, Shani C. Mitchell Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6858 / f: (585) 428-6950 Shani.Mitchell@CityofRochester.Gov   1 TAB 29 City Records Access From: Elliot Shields Sent: Thursday, July 23, 2020 5:02 PM To: Prince, Stephanie A. Cc: Donald Thompson; David Roth; Roj, Justin 'O'Neill, Kristin Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of Warning: This email originated from an external source. Please do not open attachments. click on links, or provide your usemame or password if the source is suspicious. Stephanie, I watched most of the videos the other day at the attorney general?s of?ce. I didn?t see anything that could be redacted under any FOIL exemption. I didn?t watch any videos at the hospital, just the surveillance videos and the body camera videos from the scene where Daniel Prude was handcuffed and force was used on him. Please send me all the body worn camera videos at the scene. None of these have anything that can be redacted. They only show the officers, the paramedics, and the decedent. Please also email me the remainder of the paperwork that wasn?t originally sent and if it?s too large, send it via file share. Thank you, Elliot From: Prince, Stephanie A. Sent: Thursday, June 11, 2020 4:56 PM To: Elliot Shields Cc: Donald Thompson David Roth Roj, Justin C. 'O'Neill, Kristin Mitchell, Shani C. Subject: RE: Appeal of Constructive Denial of RR20-01479 Elliot: In response to your FOIL appeal, we have performed a diligent search and review for the categories of records referenced in your request related to the March 23, 2020 incident involving Daniel Prude. Attached hereto are all police reports and SRRs with redactions made pursuant to Public Officers Law These redactions have been made to prevent an unwarranted invasion of personal privacy and they include dates of birth, personal phone numbers, and residential street addresses. Two Mental Health Transport forms dated March 22, 2020 and March 23, 2020, respectively, are withheld pursuant to Mental Hygiene Law 33.13. In addition to police reports, there are other records which will be sent to you via mail as everything is too large to send via email. As I am aware that you are working remotely, please provide an address for the City to mail records. Regarding BWC footage, it is my understanding that you represent the Estate of Daniel Prude. The footage contains video of medical treatment by EMTs and later in a hospital. If you can provide an appropriate HIPAA release form so that we can release that footage without HIPAA‐related redactions, please provide a signed, notarized form. If not, please  advise so that we can instruct our digital media specialist to properly prepare the video.    An item‐by‐item response to your request is below, to avoid confusion.    1 ‐ All BWC recordings – please see above.  2 ‐ All 911 call recordings and transcripts: New York County Law 308(4), the City is prohibited from releasing any records  of 911 calls, in whatever form they are kept.  3 ‐ all communications by any RPD Officers and/or City employees related to this incident, including communications  made via their vehicles’ Mobile Data Computer (MDC) and/or the Computer Aided Dispatch (CAD) system: Please  consider this a certification that, following a diligent search, no such records could be located.  4 ‐ Copies of all CAD reports / print‐outs related to the incident: Please consider this a certification that, following a  diligent search, no such records could be located.  5 ‐ all arrest reports: Two Mental Health Transport forms are withheld pursuant to Mental Hygiene Law 33.13. Please  consider this a certification that, following a diligent search, no further records could be located.  6 ‐ all subject resistance reports: all available reports are attached to this email.  7 ‐ All "Rough Notes" or any other handwritten notes related to the incident: will be sent via mail, containing redactions  pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy.  8 ‐ All records related to Mr. Prude's death: all available reports are attached to this email. Otherwise, this request is  unreasonably described as it does not specify a specific kind of document.  9 ‐ Color copies of any photographs related to this incident: photos will be sent via mail.  10 ‐ All witness statements / Supporting Depositions: will be sent via mail.  11 ‐ All incident reports: all available reports are attached to this email.  12 ‐ All other records containing factual data related to the incident: this request is unreasonably described as it does  not specify a specific kind of document.     This correspondence constitutes my final decision regarding your request. If you disagree with this decision, you may  seek judicial review of it pursuant to Article 78 of the Civil Practice Law and Rules. Your time to seek judicial review  begins immediately.     Sincerely,    Timothy R. Curtin  Corporation Counsel    Via:          Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 Stephanie.Prince@CityofRochester.gov       From: Elliot Shields    Sent: Wednesday, June 10, 2020 3:39 PM  2 To: Prince, Stephanie A. Cc: Donald Thompson David Roth Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated from an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Stephanie, It was nice speaking with you on the phone yesterday. Thank you for agreeing to produce all the documents and reports requested in our FOIL request. We do not consent to the City withholding the BWC videos until the Attorney General concludes its investigation. However, we do consent to the limited redaction of the video, solely for the purposes of redacting Mr. Prude?s genitals. Even though you stated on the phone that any redactions would not take more than two hours, we do not consent to paying any money for the RPD to apply any redactions to the video. Thus, please produce all the reports, documents and BWC videos requested in the FOIL request by tomorrow so we can avoid ?ling an Article 78. Thank you, Elliot From: Prince, Stephanie A. Sent: Tuesday, June 9, 2020 12:28 PM To: Elliot Shields Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Sounds good I?m working remotely today, so I?ll call you from my cell phone it?s a 469 area code. ?vi? Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 Church Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Elliot Shields Sent: Tuesday, June 9, 2020 12:26 PM To: Prince, Stephanie A. Cc: Donald Thompson Subject: RE: Appeal of Constructive Denial of RR20-01479 Warning: This email originated ?om an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Around 2:30-3:00 pm should be good. I?ve got my of?ce phone hooked up at home, you can call that or my cell On Jun 9, 2020, 12:13 PM -O400, Prince, Stephanie A. wrote: Elliot. Do you have time today to discuss this? I have additional information related to an ongoing investigation by the of?ce. who I understand has reached out to D011 Thompson. If you are free today let me know 110w to reach you and I?ll give you a call. Thanks, a Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 htu?ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 gov From: Elliot Shields Sent: Thursday, May 28, 2020 9:06 PM To: Prince, Stephanie A. Mitchell, Shani C. Cc: David Roth Donald Thompson Audra Roth Subject: Appeal of Constructive Denial of RR20-01479 Warning: This email originated ?om an external source. Please do not open attachments, click on links, or provide your usemame or password if the source is suspicious. Dear Stephanie and Shani, I hope you are staying safe and healthy. I am writing to appeal the constructive denial of the attached FOIL request. It has been nearly two months and I have not received any cormnunications related to this request. Please immediately provide all the requested body worn camera recordings and other records requested. Thank you, Elliot From: Sent: Friday, April 3, 2020 10:30 AM To: Elliot Shields Subject: City of Rochester FOIL Request Submission - RR20-01479 Dear Elliot Shields, Your Freedom of Information Law (FOIL) request for recording and all doc1unentation of incident involving Daniel Prude" has been received by the City of Rochester. Your request is currently being processed. The City will supply either the requested material or an updated response within approximately 20 business days. We will notify you in writing should additional time be needed. This request has been assigned FOIL #RR20-01479. Please refer to this number when making any inquiries regarding this request. Click here to check on the status of your request. Sincerely, Justin Roj Records Access Officer         6 TAB 30 Rochester Police Department Body-Worn Camera Program Redaction Log FOIL RR20-01479, RR20-01932, RR20-02163 Total Hours of Video Reguest Date: Various Total Number of Files: Crime Regort CR2020-00061280 Total Number of Accounts: Incident Date: 3/23/2020 Incident Addr.: 435 Jefferson Ave Individual Account Name: RPD Notification Date: 7/28/2020 Bello Harris Magri Ricotta Santiago Specksgoor Taladay Vaughn Page 2 of 2 Foil? FOIL Date: Request Date: Entry Number Start Time End Time Total Time Total Video Content Description Media Redaction (hh:mm.ss) (Seconds) Frames Type Specksgoor, A 1 00:04:28 00:04:29 01 30 Personal Information Audio Video 2 00:04:35 00:04:40 05 150 Personal Information Audio Video 3 00:05:31 00:05:33 02 60 Personal Information Audio Video 4 00:15:56 00:16:18 22 660 Personal Information Audio Video 5 00:21:50 00:21:55 05 150 Personal Information Video Ricotta, 6 00:21:56 00:22:27 31 I 930 Personal Information Video Vaughn, 7 00:24:53 00:25:20 27 810 Personal Information Video Harris, 24 00:40:04 00:42:59 175 5250 Personal Information Video Taladay, 35 00:50:14 00:50:34 20 600 Personal Information Video Page 2 of 3 Foam son. Date: 1/0/1900 Entry Number Start Time End Time Total Time Total Video Content Description Media Redaction (hh:mm.ss) (Seconds) Frames Type Santiago, Magri, 57 01:17:02 01:17:06 04 120 Personal Information Video 58 01:17:22 01:17:47 25 750 Personal Information Video Bello, 63 01:25:39 01:25:48 09 270 Personal Information Audio Video 64 01:25:39 01:25:48 09 270 Personal Information Audio Video I Page 3 of 3 I City Records Access From: Sent: To: Cc: Subject: Attachments: Ehlers, Matthew Wednesday, July 29, 2020 2:32 PM Correia, Elena A. BWC Support; Prince, Stephanie A. FW: RR20-01479 7.28.2020 RR20-01479 RR20-01932 RR20-02163 redo.pdf Commander Correia,    This email is to notify you of that the video for RR20‐01479 will be send to the requestor in 72 hours. The video will not  be posted on YouTube but can be seen here:  https://cityofrochester.sharefile.com/d‐s14dfeecc7174e7fb    I could not identify any additional Officers that appear in the FOIL beyond the eight (8) listed in the attached Redaction  Log.     Thank you,  Matt     From: Prince, Stephanie A.    Sent: Monday, July 27, 2020 5:02 PM  To: Ehlers, Matthew   Subject: RR20‐01479    Matt,     This is the Daniel Prude matter. The requester (Elliot Shields) is the attorney for Mr. Prude’s family and we’ve received a  HIPAA release, so we do not need to redact any medical treatment (including the hospital), and we also do not need to  redact any nudity.     As we discussed, we cannot post this on youtube, so if you could send this to me via sharefile when it’s ready that would  be great.     I know you’re out of the office Thursday and Friday, but if you could prioritize this request and RR18‐01253 for early next  week, I would greatly appreciate it.     Thanks,        Stephanie A. Prince Municipal Attorney City of Rochester, New York - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6752 / f: (585) 428-6950 1 TAB 31 NOTICE OF CLAIM TAIVIESHAY PRUDE, as proposed administrator of the estate of DANIEL PRUDE, Claimant, ?against? CITY OF ROCHESTER, TROY TALLADAY, MARK VAUGHN, FRANK SANTIAGO, JOSIAH HARRIS and SERGEANT MICHAEL MAORI. Respondents. 7:3 TO: Corporation Counsel City of Rochester rt; 30 Church Street Rochester, New York 14614 3 C3 =3 PLEASE TAKE NOTICE that the undersigned claimant(s) hereby make(s) {:laikrh" and demand against you, as follows: 3 33 1. The name and post of?ce address of each claimant and claimant?s attorneys is: Tameshay Prude, proposed ROTH ROTH, LLP administrator of the Estate of Daniel Co-Counselfor the Claimant Terrell Prude, 192 Lexington Avenue, Suite 802 Claimant New York, New York 10016 8102 South Loomis Blv., Apt. 1, (212) 425?1020 Chicago, IL 60620 eshields@rothandrothlaw.corn EASTON THOMPSON KASPEREK SHIFFRIN LLP C0?C0unself0r the Claimant 16 West Main Street, Suite 243 Rochester, New York 14614 Ph: (585) 423-8290 dmthompson@etksdefense.com .A sue-1 ? ?$ij Ls: 2 The nature of the claim: Claim by TAMESHAY PRUDE, proposed administrator of the Estate of Daniel Terrell Prude, for injuries sustained by Daniel Terrel Prude (?decedent?) as a result of intentional, reckless and negligent conduct of Respondents and agents, servants and employees of the City of Rochester and by the Rochester Police Department Claimant brings this claim for: wrongful death; pre-death pain and suffering, and conscious pain and suffering; assault; battery; negligent hiring; negligent training; negligent supervision, including failure to adequately discipline; negligent retention and hiring; interference with family relationship; respondeat superior; violation of civil rights; violation of the Federal and New York State Constitution, wrongful arrest and imprisonment. Claimant also alleges that RPD police of?cers failed to intervene to prevent the deprivation of claimant?s constitutional, civil and common law rights. 7 3. The time when, the place where and the manner in which the claim arose: On March 23, 2020, at approximately 3 :00 am, in the vicinity of the street in front of 435 Jefferson Avenue, Rochester New York, decedent was stopped and arrested by RPD of?cer Mark Vaughn. Of?cer Vaughn ordered decedent to lay face down on the ground, and he complied. Vaughn ordered decedent to put his hands behind his back, and he complied. Vaughn then applied handcuffs to decedent?s wrists, and he complied, and he did not resist. Officers Santiago and Talladay then arrived at the scene. Vaughn placed a spit hood over decedent?s head. Thereafter, without justification and in violation of good and accepted police practices, Vaughn, Tallady and Santiago pushed decedent from a seated position to a face?down position on the ground and applied force to his neck and back that prevented him from breathing, failed to take off the spit hood, failed to make any attempt to help him when he was in obvious respiratory distress and caused his death. Vaughn, Tallady and Santiago collectively used deadly force against the decedent when he was naked, handcuffed, and blinded by the spit hood; he obviously posed no danger of escaping custody and was clearly no danger to the officers or anyone else. Specifically, Vaughn negligently, recklessly and/or intentionally forcibly pushed and held the side of decedent?s head on the ground and placed one of his hands around decedent?s neck and negligently applied a pressure in a failed attempt at a ?hypoglossal nerve technique? to the left side of his jaw. Talladay negligently, recklessly and/or intentionally kneeled on decedent?s back with his full body weight. Santiago negligently, recklessly and/or intentionally held and sat on decedent?s legs. Vaughn, Talladay and Santiago negligently, recklessly and/or intentionally continued to choke decedent and place pressure about his body causing him to be unable to breathe, resulting in the decedent?s death. The decedent was a victim of a homicide due to the conduct of the Respondents. Allegedly according to the final diagnosis of the Of?ce of Chief Medical Examiner of Monroe County, the cause of decedent?s death included findings that the death was caused by compression of the chest and the prone positioning of the decedent during physical restraint by the police; profound global hypoxic ischemic injury; cerebral edema; and subfalcine and transtentorial herniation all caused by Respondents. Vaughn, Talladay and Santiago-wafter Decedent was cuffed and being held down on his stomach by the three of?cers with a spit hood over his head?negligently, recklessly and/or intentionally continued to choke decedent and place pressure about his body for approximately one to two minutes after he had stopped talking and/or stopped breathing, causing him to die from complications of in the setting of physical restraint. According to the Monroe County Medical Examiner, the manner of death was Homicide. At approximately the time that Vaughn, Talladay and Santiago pushed decedent from a seated position to a laying position, Of?cer Harris and Sergeant Migri arrived on the scene. Harris and Migri failed to intervene to stop and or prevent the unjusti?ed use of force by the other of?cers against decedent. The City was aware prior to the aforesaid incident that the of?cers who violated decedent?s rights were insuf?ciently trained and incompetent concerning police tactics and procedures. Nevertheless, the City declined to take remedial action. Claimant makes this claim for personal, physical, and emotional injuries sustained by decedent as a result of intentional, reckless, and/or negligent conduct by agents, servants and employees of the City of Rochester and by the City of Rochester Police Department The aforesaid is a direct result of the negligence, recklessness and carelessness of the Respondents, their agents, servants, and/or employees. The aforesaid was a violation of civil rights under 42 U.S.C. 1983 in that decedent was deprived of his rights, privileges and immunities secured by the Constitution and laws of the United States under color of state law by the agents, servants and employees of the City of Rochester. Respondents failed to use such care in the performance of police duties as reasonably prudent and careful police of?cers would have used under similar circumstances. Said respondents failed to use proper police procedure and tactics as reasonably prudent and careful police of?cers would have use under similar circumstances. Rather, the Respondent police of?cers herein negligently, recklessly and/or intentionally used deadly force against decedent by choking him and sitting on his back, restricting his airway and preventing him from having the ability to breathe when he was handcuffed and wearing a spit hood and was no danger to the of?cers or anyone else. The of?cers involved failed to properly report the use of deadly force to superiors, so as to attempt to create a cover up. In addition, the RPD of?cers present when force was used against decedent failed to stop the use of deadly force against decedent, when they had a duty to do so, because no use of force was justi?ed under the circumstances. Claimant also alleges that RPD police of?cers assaulted, battered, and used excessive force against him; and failed to intervene to prevent the deprivation of claimant?s constitutional, civil and common law rights. Claimant also alleges negligence in the hiring and retention of incompetent and un?t police employees, negligence in the supervision, training and instruction of such employees, and reSpondeat superior liability. Respondent City was speci?cally negligent in its training as to dealing with ?emotionally disturbed persons? and/or in making mental health law arrests and/or in dealing with individuals suffering from mental health disorders and/0r acute mental health crises, and as to the proper use of force against individuals in such situations, especially where, as here, the individual Was handcuffed before any force was used against him. Further, it is claimed that respondent City of Rochester has continued to improperly supervise of?cers in the ?eld, including the police officers herein, which allowed decedent to be subjected to force on March 23, 2020 which caused his death; as well as the fact that respondent City of Rochester failed to respond appropriately to past complaints of police misconduct, not only by their own Professional Standards Section, but also the Civilian Review Board, internal complaints, and other public complaints and repots. 4. The items of damage or injuries that will be claimed: Severe physical injuries and pain and suffering leading to death; injuries reported in the Monroe County Medical Examiner?s report; conscious pain and suffering; pre-death pain and suffering; emotional and distress and the horror decedent suffered leading up to and during the assault as described above; loss of future earnings; loss of support; other pecuniary loss; loss of civil rights; loss of life, and interference with the familial relationship. Punitive damages and attorney?s fees are also claimed. Due to the actions and/or negligence of the Respondents as aforesaid, the claimant has been damaged by reason of the aforesaid. Said claim and demand is hereby presented for adjustment and payment. You are hereby noti?ed that unless the claim is adjusted and paid within the time provided by law from the date of presentation to you, the claimant intends to commence an action on these claims. SPOLIATION NOTICE: The public entity to which this claim is addressed may have records, physical evidence, documents, recordings, or other evidence relevant to a civil claim. This shall serve as notice that all such documents, items, and records should be preserved, regardless of purge schedules, as evidence in a prospective legal action. Claimants injuries amount to Seventy?Five Million ($75,000,000) (101ng Elliot Dolby Shields INDIVIDUAL VERIFICATION State of New York, County of New York 53.: Elliot Dolby Shields, being duly sworn, deposes and says that I am associated with Roth Roth, LLP, attorneys representing the Claimant 1n the within action; I have read the foregoing Notice of Claim and know the contents thereof; and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent ?ownmned In In? Elliot DoWy Shields Sworn to before me this IAN BIGGS Notary Public, State of New York Quali?ed In Bronx County No. 0151625572 My Gomrnlulon Euplm 02-06-2024 ?In the Matter of the Claim of TANIESHAY PRUDE, as proposed adminishator of the estate of DANIEL PRUDE, -against- CITY OF ROCHESTER, TROY TALLADAY, MARK VAUGHN, FRANK SANTIAGO, JOSIAH HARRIS and SERGEANT MICHAEL MAGRI NOTICE OF CLAIM ROTH ROTH, LLP Co?Counsel for the Claimant 192 Lexington Avenue, Suite 802 New York, New York 10016 (212) 425-1020 EASTON THOMPSON KAS PEREK SHIFFRIN LLP C0-Counsel for the Claimant 16 West Main Street, Suite 243 Rochester, New York 14614 Ph: (585) 423-8290 TAB 313 City Records Access From: Prince, Stephanie A. Sent: Wednesday, August 5, 2020 9:12 AM To: 'Sommers, Jennifer' Subject: RE: Daniel Prude Jennifer, Thank you for getting back to me so quickly it?s very much appreciated. Stephanie A. Prince Municipal Attomey City of Rochester. New York - Law Department City Hall - Room 400A 30 Church Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Sommers, Jennifer Sent: Tuesday, August 4, 2020 7:13 PM To: Prince, Stephanie A. Subject: Re: Daniel Prude Warning: This email originated from an external source. Please do not open attachments. click on links. or provide your usemame or password if the source is suspicious. Hi Stephanie. Yes - oru' matter is still continuing. FYI - in an effort to be fully transparent I have met and showed the civil attorneys (Eliot Shields and Don Thompson) the Video. I did not give a copy. Thank you Get Outlook for From: Prince, Stephanie A. Sent: Tuesday, August 4, 2020 6:08:08 PM To: Sommers, Jennifer Subject: RE: Daniel Prude Jennifer, I wanted to follow up regarding the Daniel Prude matter and the status of your investigation. Is it still ongoing? Thank you, Stephanie A. Prince Municipal Attorney City of Rochester. New York - Law Department City Hall - Room 400A 30 lnu'ch Street Rochester. New York 14614 p: (585) 428-6752 f: (585) 428-6950 From: Sommers, Jennifer Sent: Wednesday, June 10, 2020 2:36 PM To: Prince, Stephanie A. Subject: Daniel Prude Warning: This email originated from an external source. Please do not open attachments. click on links. or provide your usemame or password if the source is suspicious. Stephanie You previously contacted me regarding a FOI request you had received relative to this case. I indicated that I was meeting with Donald Thompson in order to allow him to review oru? materials but did not yet know when that would happen. Please be advised that I spoke with Mr. Thompson today and we are meeting on Friday J1me 12. Thank you very emrifer M. Sommers Deputy Chief Special Investigations and Prosecutions New York State Attorney General?s Of?ce 144 Exchange Boulevard Rochester New York 14614 IMPORTANT NOTICE: This e-mail, including any attachments, may be con?dential, privileged or otherwise legally protected. It is intended only for the addressee. If you received this e-mail in error or from someone who 2 was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.   3 TAB 32 City Records Access From: Sent: To: Subject: Beath, Patrick Tuesday, August 4, 2020 10:14 AM Curtin, Tim Prude Here is the body cam video: G:\~~Litigation Files\~Claims\ Open\Prude, Tameshay as adm of Estate of Daniel  Prude\RR20‐01479\BWC  Of all the files there, the best two are Vaughn G:\~~Litigation Files\~Claims\ Open\Prude,  Tameshay as adm of Estate of Daniel Prude\RR20‐ 01479\BWC\Vaughn Mark MV2333\01117 MV233320200323031608 0006.MP4 and Taladay G:\~~Litigation  Files\~Claims\ Open\Prude, Tameshay as adm of Estate of Daniel Prude\RR20‐ 01479\BWC\Taladay Troy 817370\01258 81737020200323031619 0004.MP4    Here's the ME’s findings: G:\~~Litigation Files\~Claims\ Open\Prude, Tameshay as adm of Estate of Daniel Prude\RR20‐ 01479\RPD Case File\3‐23‐20 435 Jefferson Ave\Medical Examiner Report    Patrick      Patrick Beath Deputy Corporation Counsel  City of Rochester ‐ Law Department  City Hall ‐ Room 400A  30 Church Street  Rochester, New York 14614  p: (585) 428‐6812 / f: (585) 428‐6950  Patrick.Beath@CityofRochester.gov     ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended recipient(s) and  contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended  recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the  sender immediately by reply email and destroy all copies of the original message, including attachments.    1 City Records Access From: Curtin, Tim Sent: Tuesday, August 4, 2020 12:33 PM To: Warren, Lovely A. Subject: CONFIDENTIAL -- PRIVILEGED Attachments: Daniel Prude video. Timothy R. Curtin Corporation Counsel City of Rochester 30 Church Street, Room 400 Rochester, NY 14614 (535) 428-7741 Tim.Curtin@CigofRochester.Gov City of Rochester ShareFiIe Attachments EXpires September 3, 2020 mm) MB 28m) MB ME Report.pdf (H KB Download Attachments Files are sent and received securely. Files sent with ShareFile will be available for up to 31 days from the time they are sent. ?s w. Patrick Beath Deputy Corporation Counsel City of Rochester - Law Department City Hall - Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428-6812 f: (585) 428-6950 -- Confidentiality Notice This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the  sender immediately by reply email and destroy all copies of the original message, including attachments.    2 TAB 33 City Records Access From: Curtin, Tim Sent: Tuesday, August 4, 2020 9:29 PM To: James Smith Subject: CONFIDENTIAL Attorney/Client Privileged I'm not sure who's version is below. My comments are in red. I think it is good. Thanks, Tim From: James Smith Sent: Tuesday, August 4, 2020 9:08 PM To: Curtin, Tim Subject: Fwd: Draft letter for your consideration Warning: This email originated from an extemal som?ce. Please do not open attachments. click on links. or provide your usemame or password if the source is suspicious. Sent from my iPhone Begin forwarded message: From: Lovely Warren Date: August 4, 2020 at 7:06:03 PM EDT To: James Smith Subject: Re: Draft letter for your consideration Get Outlook for FrornwamesSmith? Sent: Tuesday, August 4, 2020 6:40 PM To: lovelywarre Subject: Draft letter for your consideration Chief Singletary: After meeting with you, the Deputy Mayor and Corporation Counsel this afternoon regarding the case of Mr. Prude. lam outraged at the conduct and the attitude of Officer Vaughn during this mental hygiene arrest. His demeanor and his disregard for a citizen in distress can not be explained. The joking, antagonizing and laughing was outrageous. I understand that this arrest was a 'mental hygiene matter? involving a man under the influence of the drug PCP who ultimately succumbed to the actions sometime after he was taken to the hospital.   I understand that under normal circumstances and in keeping with departmental policy we do not  initiate an internal disciplinary investigation into such matters until the criminal investigation is  complete, however, I am not satisfied that this continues to makes sense in these types of cases.  This  incident took place in March it is now August.  The District Attorney's Office has completed its  investigation and the Attorney General's Office must be near completion of their criminal review of the  matter by now.   I do not see a reason for any further delay as to why the department cannot initiate a  disciplinary investigation immediately.        I strongly believe that Officer Vaughn actions should be reviewed immediately his actions and attitude  are unacceptable.  Had I been made aware of or seen the video footage of his actions, by you or your  Command Staff, I would have asked for this to be immediately reviewed.       I am greatly concerned that these body worn cameras are not just viewed through the lens of the badge  but through the eyes of the people we serve.  I was not given a clearer picture of the nature of this  arrest until today, when the Corporation Counsel showed me the body‐worn camera video from officers  at the scene and also from Officer Vaughn.     Going forward, I insist that it be the official policy of the Rochester Police Department and the City of  Rochester that any body‐worn or other camera footage from an arrest or altercation with police that  results in use of force be reviewed with the Mayor or my designee within 48 hours.      I want to be very clear that Officer Vaughn’s conduct is unacceptable.  I also ask for the continued full  and complete cooperation of the entire Rochester Police Department with the criminal investigation  being conducted by the New York State Attorney General's Office.  I expect to be  updated on this  matter.               Sent from my iPad      2 CiEy Records Access From: James Smith Sent: Tuesday, August 4, 2020 9:09 PM To: tim.curtin@cityofrochester.gov Subject: Fwd: Draft letter for your consideration Warning: This email originated ?'om an external source. Please do not open attachments. click on links. or provide your username or password if the source is suspicious. Sent from my iPhone Begin forwarded message: From: Lovely Warren Date: August 4, 2020 at 7:06:03 PM EDT To: James Smith Subject: Re: Draft letter for your consideration Get Outlook for Sent: Tuesday, Augus To: lovelywarren? Subject: Draft letter for your consideration Chief Singletary: After meeting with you. the Deputy Mayor and Corporation Counsel this afternoon regarding the case of Mr. Prude. I am outraged at the conduct and the attitude of Of?cer Vaughn dining this mental hygiene arrest. His demeanor and his disregard for a citizen in distress can not be explained. The joking. antagonizing and laughing was outrageous. I understand that this arrest was a 'mental hygiene matter? involving a man ruider the in?uence of the drug PCP who ultimately succumbed to the actions on the night of the arrest. I rulderstand that under normal circumstances and in keeping with departmental policy we do not initiate an internal disciplinary investigation into such matters until the criminal investigation is complete. however. I am not satis?ed that this continues to makes sense in these types of cases. This incident took place in March it is now August. The Attorney General's Of?ce and District Attorney?s Of?ce must be near completion of their criminal review of the matter by now. I do not see a reason for any frutlrer delay as to why the department cannot initiate a disciplinary investigation irmnediately. I strongly believe that Of?cer Vaughn actions should be reviewed immediately his actions and attitude are turacceptable. Had I been made aware of or seen the video footage of his actions. by you or your Command Staff. I would have asked for this to be immediately reviewed. 1 I am greatly concerned that these body worn cameras are not just viewed through the lens of the badge but through the eyes of the people we serve. I was not given a clearer picture of the nature of this arrest until today, when the Corporation Counsel showed me the body-worn camera video from officers at the scene and also from Officer Vaughn. Going forward, I insist that it be the official policy of the Rochester Police Department and the City of Rochester that any body-worn or other camera footage from an arrest or altercation with police that results in use of force be reviewed with the Mayor or my designee within 48 hours. I want to be very clear that Officer Vaughn’s conduct is unacceptable. I also ask for the continued full and complete cooperation of the entire Rochester Police Department with the criminal investigation being conducted by the New York State Attorney General's Office. I expect to be updated on this matter. Sent from my iPad 2 TAB 34 City Records Access From: Sent: To: Subject: Singletary, La'Ron D. Thursday, August 6, 2020 7:08 PM Warren, Lovely A. RE: Confidential Correspondence re: Prude Legal Matter Mayor Warren, I am in receipt of your email and will adhere to the expectations set forth within. I understand the frustration of the current criminal review and internal investigation process the Rochester Police Department has in place for in-custody deaths and officer-involved shootings. Upon any force complaint coming into the office of the Professional Standards Section, the current policy is they provide me with a summary after looking at all the video within 2 business days unless directed by the chief, to do so sooner. Typically, the summary and initial review is done within the day depending on the time received. As you request, I will look into the means of possibly improving/revising the procedure for criminal/internal reviews. For clarification, the following is a list of steps that were directed by me upon notification of the March 23rd, 2020 Mental Hygiene Arrest of Mr. Prude and Mr. Prude being listed in critical condition at the University of Rochester Medical Center (URMC), and him being pronounced at URMC on March 30th. 2020. I immediately ordered an internal investigation and criminal review of the matter. I contacted District Attorney Sandra Doorley and advised her of the event and requested that she conduct an independent criminal review of the matter, based on the evidence collected by the Major Crimes Unit (i.e., witness statements, video evidence, M.E. report, etc.). The criminal review consisted of the following:  The Major Crimes Unit responded to the scene that night (as they were investigating another incident the morning of March 23, 2020). Mr. Prude at this point and time was not deceased, and was admitted into the intensive care unit, where he remained until he was pronounced on March 30, 2020.  As part of the criminal review, investigators from the Major Crimes Unit took statements from Officer Vaughn on April 13, 2020. Officer Talladay on April 13, 2020. Officer Santiago on April 14, 2020. The scheduling of the interviews were difficult as scheduling issues needed to be worked out with the officers’ attorneys and such was during the COVID period.  Investigators from the Major Crimes Unit sent subpoenas for medical/metro records via First Assistant District Attorney Perry Duckles on March 23, 2020.  The investigative summary was sent over to Perry Duckles on March 25th, 2020. Additional reports were sent over to First Assistant District Attorney Perry Duckles on March 25, 2020.  On April 16, 2020 the Rochester Police Department was advised by First Assistant District Attorney Duckles that the New York State Attorney General’s Office took over jurisdiction of the case under Executive Order Number 147.  On April 16, 2020 Jen Summers (AG Office) advised that she would be assigning an investigator and all the reports were sent via email to the New York State Attorney General’s Office.  On April 17, 2020 investigators sent Jen Summers additional items to include all documents (depositions of ambulance personnel, neighborhood checks, video, and pictures on a hard drive). Once the New York State Attorney General’s Office took jurisdiction over the case, the District Attorney’s Office relinquished authority over the investigation. I personally reached out to District Attorney Sandra Doorley to advise her of the criminal review I was conducting in relation to the Prude case and that I would like her office to review such. As such, two independent outside agencies (DA’s Office and AG’s Office) were afforded an opportunity to conduct a criminal review in this matter, and were provided all the collected evidence. In this instance, RPD did not deviate from the same process we follow for all in-custody deaths and/or officer-involved shooting investigations, namely a criminal review and an internal review. Both processes were initiated immediately at 1 my direction. The Major Crimes Unit began the criminal review and proceeded to turn such over to the District Attorney’s Office, and the Professional Standards Section began the initiation of the internal review, short of calling officers in for statements and conducting a review of their actions. Officer Vaughn’s actions were never meant to be ignored and would be handled as part of the internal investigation. In every case, the criminal review takes precedent over the internal review as to not jeopardize the criminal review due to the potential of criminal charges being filed against the officers involved. Directing officers to give a compelled statement during the internal investigation prior to the officers giving a criminal statement may jeopardize the case. The defense attorney could use any compelled statement to call into question the admissibility of evidence collected, based on the pretext that found evidence should be viewed as “fruits of the poisonous tree” specially derived from the compelled statement. As a result of this potential misapplication of the exclusionary rule, the criminal review takes precedence over the internal investigation. As mentioned earlier, I will look into this process to see how it can be refined, while protecting our ability to successfully prosecute officers for criminal misconduct. Additionally, it should be noted that part of the delay, I presume, was due to the pandemic and the AG’s Office adjusting to such. The Attorney General’s Office did reach out to the union last week to have the involved officers come in for a statement. It is the union’s position to not have the officers go in without legal representation for a statement during a criminal review. Mayor, please advise if you have any questions. Upon my return from vacation, I would like to respectfully request a meeting with you to discuss further. I can reach out to Jessica to schedule. Thank you Mayor. _tËeÉÇ WA f ÇzÄxàtÜç? V{ xy Éy cÉÄ vx eÉv{xáàxÜ cÉÄ vx WxÑtÜàÅxÇà From: Warren, Lovely A.   Sent: Thursday, August 6, 2020 12:11 AM  To: Singletary, La'Ron D.   Subject: Confidential Correspondence re: Prude Legal Matter  Chief Singletary: After meeting with you, the Deputy Mayor and Corporation Counsel this afternoon regarding the case of Mr. Prude. I am outraged at the conduct and the attitude of Officer Vaughn during this mental hygiene arrest. His demeanor and his disregard for a citizen in distress can not be explained. The joking, antagonizing and laughing was outrageous. I understand that this arrest was a 'mental hygiene matter’ involving a man under the influence of the drug PCP who ultimately succumbed to the 2 actions sometime after he was taken to the hospital. I understand that under normal circumstances and in keeping with departmental policy we do not initiate an internal disciplinary investigation into such matters until the criminal investigation is complete, however, I am not satisfied that this continues to makes sense in these types of cases. This incident took place in March it is now August. The District Attorney's Office has completed its investigation and the Attorney General's Office must be near completion of their criminal review of the matter by now. I do not see a reason for any further delay as to why the department cannot initiate a disciplinary investigation immediately. I strongly believe that Officer Vaughn actions should be reviewed immediately his actions and attitude are unacceptable. Had I been made aware of or seen the video footage of his actions, by you or your Command Staff, I would have asked for this to be immediately reviewed. I am greatly concerned that these body worn cameras are not just viewed through the lens of the badge but through the eyes of the people we serve. I was not given a clearer picture of the nature of this arrest until today, when the Corporation Counsel showed me the body-worn camera video from officers at the scene and also from Officer Vaughn. Going forward, I insist that it be the official policy of the Rochester Police Department and the City of Rochester that any body-worn or other camera footage from an arrest or altercation with police that results in use of force be reviewed with the Mayor or my designee within 48 hours. I want to be very clear that Officer Vaughn’s conduct is unacceptable. I also ask for the continued full and complete cooperation of the entire Rochester Police Department with the criminal investigation being conducted by the New York State Attorney General's Office. I expect to be updated on this matter. 3     Lovely A. Warren, Mayor  City of Rochester  30 Church Street  Rochester, NY 14614  lovely.warren@cityofrochester.gov  (585) 428‐7045 phone  (585) 428‐6347 fax       4 City Records Access From: Sent: To: Subject: Warren, Lovely A. Thursday, August 6, 2020 12:11 AM Singletary, La'Ron D. Confidential Correspondence re: Prude Legal Matter Chief Singletary: After meeting with you, the Deputy Mayor and Corporation Counsel this afternoon regarding the case of Mr. Prude. I am outraged at the conduct and the attitude of Officer Vaughn during this mental hygiene arrest. His demeanor and his disregard for a citizen in distress can not be explained. The joking, antagonizing and laughing was outrageous. I understand that this arrest was a 'mental hygiene matter’ involving a man under the influence of the drug PCP who ultimately succumbed to the actions sometime after he was taken to the hospital. I understand that under normal circumstances and in keeping with departmental policy we do not initiate an internal disciplinary investigation into such matters until the criminal investigation is complete, however, I am not satisfied that this continues to makes sense in these types of cases. This incident took place in March it is now August. The District Attorney's Office has completed its investigation and the Attorney General's Office must be near completion of their criminal review of the matter by now. I do not see a reason for any further delay as to why the department cannot initiate a disciplinary investigation immediately. I strongly believe that Officer Vaughn actions should be reviewed immediately his actions and attitude are unacceptable. Had I been made aware of or seen the video footage of his actions, by you or your Command Staff, I would have asked for this to be immediately reviewed. 1 I am greatly concerned that these body worn cameras are not just viewed through the lens of the badge but through the eyes of the people we serve. I was not given a clearer picture of the nature of this arrest until today, when the Corporation Counsel showed me the body-worn camera video from officers at the scene and also from Officer Vaughn. Going forward, I insist that it be the official policy of the Rochester Police Department and the City of Rochester that any body-worn or other camera footage from an arrest or altercation with police that results in use of force be reviewed with the Mayor or my designee within 48 hours. I want to be very clear that Officer Vaughn’s conduct is unacceptable. I also ask for the continued full and complete cooperation of the entire Rochester Police Department with the criminal investigation being conducted by the New York State Attorney General's Office. I expect to be updated on this matter.     Lovely A. Warren, Mayor  City of Rochester  30 Church Street  Rochester, NY 14614  lovely.warren@cityofrochester.gov  (585) 428‐7045 phone  (585) 428‐6347 fax       2 TAB 35 City Records Access From: Sent: To: Subject: Singletary, La'Ron D. Thursday, August 6, 2020 7:09 PM Simmons, Mark L. FW: Prude questions for Chief Importance: High _tËeÉÇ WA f ÇzÄxàtÜç? V{ xy Éy cÉÄ vx eÉv{xáàxÜ cÉÄ vx WxÑtÜàÅxÇà From: Favor Jr., Henry C.   Sent: Thursday, August 6, 2020 3:45 PM  To: Singletary, La'Ron D.   Subject: FW: Prude questions for Chief  Importance: High    Per your request…    From: Umbrino, Frank   Sent: Thursday, August 6, 2020 3:42 PM  To: Favor Jr., Henry C.   Subject: FW: Prude questions for Chief  Importance: High      The officers reports were all completed that night 03/23/20.  Based on the directive that we were not going to interview  officers the reports were approved on 03/24/20.  SRR’s were reviewed through Genesee 1st command and We were  given copies.        Need the following ASAP:    Date we began investigation of the case:  Mike and I swung by the scene on 3/23/20 only because we were on another job. After consultation with the DCO  decision was made to not activate a team because the suspect was not dead.  At 0930 Sgt. Zenelovic was briefed and  started to coordinate the investigation because victims condition did not look good.    Date Officers reports completed:  Officers reports were completed that night.  We interviewed Vaughn and Tallladay on 4/13 and on 4/14 we interviewed  Santiago   I recall these not being easy to schedule because of Debolt, and I think we actually did the first two with Debolt on Zoom Date sent to the ADA:  I requested Subpoenas for medical/metro records via P. Duckles on 03/23/20.    Investigative summary sent over on 03/25.  Reports to date  were sent over to Perry on 03/31.  1 On 4/16 we were advised by ADA Duckles the AG Office was had jurisdiction of the case under executive order No 147  and   Date sent to AG Office:  On 4/16 Jen Summers (AG Office) advised she would be assigning an investigator.   She was sent all reports on that day  via email.  On 4/17 she was sent additional items to include all documents, video and pictures on a hard drive .     Contact # for Jen Summer:      Commander Henry Favor  Rochester Police Department  Special Operations Division  185 Exchange Blvd  Rochester, New York 14614  Office 585‐428‐7605   Henry.FavorJr@CityofRochester.gov    2 TAB 36     Stephanie Prince Department of Law City Hall Room 400A, 30 Church Street Rochester, New York 14614-1295 www.cityofrochester.gov   Municipal Attorney   August 12, 2020 VIA CERTIFIED MAIL Elliot Dolby Shields, Esq. Roth & Roth, LLP 192 Lexington Avenue, Suite 802 New York, New York 10016 eshields@rothandrothlaw.com Re: RR20-01479 Dear Mr. Shields: Enclosed herewith, please find the remaining records sought in FOIL RR20-01479, including: 1. All “Rough Notes” – Rough/handwritten notes are enclosed, with redactions made pursuant to Public Officers Law 87(2)(b) to prevent an unwarranted invasion of personal privacy and Public Officers Law 87(2)(g) as inter/intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; or iv. external audits, including but not limited to audits performed by the comptroller and the federal government, and which also contain opinion, advice and/or ideas. 2. Depositions 3. Color copies of any photographs 4. BWC Recordings – Please see the enclosed redaction log. 5. Surveillance compilation video 6. Blue light camera video We understand that you represent members of the family of Mr. Prude and the proposed administrator of his estate. It is with that understanding and the HIPAA release submitted by your client, that the enclosed video footage is released to you as-is. The video footage contains nudity and medical treatment that the City would not otherwise release to the public in response to a FOIL request. We appreciate your cooperation in this matter. Very truly yours, Stephanie A. Prince Municipal Attorney SAP/em Encl. Phone: 585.428.6752 Fax: 585.428.6950 TTY: 585.428.6054 EEO/ADA Employer