INVESTIGATIVE REPORT RE: I.A. 12-010 INVESTIGATORS: SERGEANT MARK C. OPITZ LIEUTENANT JOHN C. LEBLAN DATE: January 29, 2013 TABLE OF CONTENTS Complaint Assignment Summary A. Complaint and Allegations Investigation C. Interviews Recommendations Case History Exhibits LA. Case 12-010 2 Investigative Report January 29, 2013 Ofiicers Gilbert and Pema 1. COIWPLAINT ASSIGNMENT On November 29, 2012, Chief Mikel Hollaway assigned this case to the Internal Affairs and Complaints Section for investigation. Sergeant Mark C. Opitz and Lieutenant John C. LeBlanc were assigned as the investigators. Sergeant Mark Opitz was assigned as lead investigator. II. SUMNIARY This area of the report contains a highlighted overview of the main aspects of this investigation. It is recommended that all interviews and exhibits be reviewed in order to obtain a thorough and complete understanding of the pertinent information in reference to the investigation. The complaint and allegations relating to this investigation are as follows: A. Complaint and Allegation(s): On November 29, 2012, the Sarasota Police Department was made aware of a video that shows an arrest being made by Officer Gilbert and Officer Pema. The arrest occurred on October 6, 2012, at the SCAT bus tenninal located at 1525 1st Street. The video shows a physical struggle between a SCAT Security Guard and an individual later identified as Roger Fields. In addition, the video shows Officer Gilbert attempting to secure Mr. Fields in handcuffs. Mr. Fields is seen resisting, at which point Officer Gilbert grabs him by the arm to secure him and Fields subsequently hits his head on the comer of the bus terminal ticket booth. As a result, Fields sustained a laceration to his forehead. Officer Pema is observed assisting Officer Gilbert with securing Mr. Fields. It is alleged that excessive force was used by Officer Gilbert during the arrest. Misconduct noted indicates that Officer Pema did not complete a Level of Resistance Report and did not report the alleged wrongful conduct to a supervisor. It has been alleged that Officer Gilbert committed the following violations conceming this incident: Rule 7.17M Violation of rules, orders and policies issued and adopted by the City and/or Department, to wit: General Order 703.55- Use of Force Ofiicers of the Sarasota Police Department are expressly forbidden fiom using any force with the objective of rendering punishment or retribution. LA. Case 12-010 3 Investigative Report January 29, 2013 Officers Gilbert and Pema General Order 703.56 -- Use of Force The Sarasota Police Department will not tolerate any excessive use of force. Any act suspected of being an excessive use of force will be investigated and may result in disciplinary action. It has been alleged that Officer Perna committed the following violations concerning this incident: Rule 7.17M Violation of rules, orders and policies issued and adopted by the City and/or Department, to wit: General Order 703.1 12.6 Each officer involved in an incident, who uses or actively assists in the application of any force listed in 703.111 shall complete a Level of Resistance Report describing his/her actions in regards to the use of force. As each officer involved in a use of force situation may use different levels of force, each officer must write their own account of his/her involvement. Officers are prohibited from copying/pasting narratives. General Order 703.11l- Reporting Use of Force Officers shall complete the Level of Resistance Report, Annex A, whenever: B. An ofiicer's use of force results in death or any injury. H. An ofiicer applies a restraint device in other than routine handcufling procedures. General Order 319.441 Reporting Illegal or Unethical Conduct An employee who has information concerning illegal actions, dereliction of duty, malfeasance, misfeasance, unprofessional, or unethical conduct by another employee shall immediately report same to an immediate supervisor or intemal affairs. B. Investigation: Brief sflopsis of Event: On October 6, 2012, the Sarasota Police were called to the SCAT bus terminal located at 1525 1st Street for a male subject causing a disturbance. On October 5, 2012, Maureen Clifford, a SCAT bus driver reported that Fields said to her "I'll slap the shit out of you," when she told him to get off her bus. On October 6, 2012, Clifford, reported that Fields began calling her a "bitch" and making threats to her because he was upset over the incident that occurred the day before. Clifford requested the assistance of the SCAT bus station Security Guard, Robert Sauder. Sauder told Fields to leave the property several times but LA. Case 12-010 4 Investigative Report January 29, 2013 Officers Gilbert and Pema Fields remained and spit in Sauder's face. Sauder took Fields to the ground and detained him while another bus driver used Sauder's radio to request that the police expedite their arrival. Prior to this incident, Sauder had already called for police assistance for another unrelated subject who was trespassing. Officer Gilbert was dispatched to the SCAT bus terminal in reference to the Security Guard needing assistance with a trespasser. While in route, dispatch told Officer Gilbert to expedite his response and said that the Security Guard was now in a physical altercation with the subject who was pinned down by the guard. Upon arrival, Officer Gilbert observed the Security Guard, Robert Sauder on top of Roger Fields holding him down on the pavement. Officer Gilbert asked Sauder to let Fields go and told Fields to remain on the ground due to concerns for safety. Once Officer Gilbert had put on protective gloves, he helped Fields up to sit on a bench. Officer Gilbert documented in his report that Fields appeared intoxicated, smelled of an alcoholic beverage and was bleeding. After Officer Gilbert completed his investigation, he made the decision to arrest Fields for disorderly intoxication and instructed Fields to stand up to be handcuffed. Ofiicer Gilbert grabbed Fields left arm and Fields pulled away fiom Officer Gilbert's grasp. Officer Gilbert then grabbed Fields right arm to secure him and Fields subsequenfly swings into the ticket booth and hits his head on the corner of the window fiame. As a result, Fields sustained a laceration to his forehead. After hitting the booth, Officer Gilbert was able to handcuff Fields while Officer Pema held onto the back of Fields' shirt. Officer Gilbert requested Sarasota County Fire Department respond and render medical aid for Fields. Fields was transported to Sarasota Memorial Hospital where his injury to his forehead required-- Officer Gilbert then transported Fields to the Sarasota county jail. Officer Gilbert stated that he was attempting to take Fields to the ground but due to Fields resisting and staggering, Fields' momentum took him into the ticket booth. Fields claimed that Officer Gilbert intentionally threw him into the wall. The two eyewitnesses, Sauder and Officer Pema both said that it appeared that Officer Gilbert did not intentionally use excessive force and that the injury occurred because of Fields' resistance. The video of the incident confirms that Fields actively resisted. Officer Gilbert documented the encounter in an incident report, PCA and LOR report under - SPD case numbers 12-051466 and 12-051486. Officer Gilbert requested SCAT to make a copy of the surveillance video and eventually obtained a copy, which he placed into SPD property. Officer Gilbert informed Sgt. Bolden about the incident and was directed to have Sgt. Henderson take photographs of Fields' injury. Review of Documentation: On November 29, 2012, I reviewed Officer Gilbert's documentation of the incident provided in the Offense Report and PCA, for disorderly intoxication under case 12-051466. I also reviewed a PCA and Level of Resistance Report for resisting arrest under case 12-051486. Gilbert indicates that he was dispatched to the SCAT bus station at 1525 1" St. for a disturbance. While in route, dispatch notified Officer Gilbert to expedite his response due to the disturbance escalating to a physical confiontation. Gilbert documents that upon arrival, he observed Robert Sauder, the SCAT Security guard on top of Roger Fields holding him down. Gilbert documents that he observed Fields being verbally abusive to Sauder and that Fields LA. Case# 12-010 5 Investigative Report January 29, 2013 Officers Gilbert and Perna was bleeding from some unknown part of his body. Gilbert writes that he instructed Sauder to get off of Fields but that he kept Fields on the ground because he thought Fields might lunge at Sauder or himself. Gilbert documents that once Officer Perna arrived on scene he was able to put protective gloves on and then have Fields sit on a bench. Gilbert notes that he smelled a strong odor of an alcoholic beverage coming from Fields breath and that Fields had slurred speech and red eyes. Sauder told Gilbert that Fields had been abusive towards him and had spit in his face. Gilbert indicated fiom his observations and fiom completing the investigation, he had enough evidence to arrest Fields for disorderly intoxication. Gilbert indicates that he requested Fields to stand up and place his hands behind his back and simultaneously made an attempt to place a handcuff on Fields' right wrist. Gilbert describes how Fields immediately stood up and pulled his body away fiom Gilbert in an attempt to avoid being handcuffed. Gilbert writes that he then attempted to take Fields to the ground but Fields resisted and that his momentum during the struggle carried Fields into the glass wall of the terminal. Gilbert writes he made an attempt to place Fields against the wall for handcuffing to gain control of him. Fields upper torso and head hit the corner of the terminal wall, which caused a laceration injury to Fields head. Gilbert documents that Fields was taken to Sarasota Memorial Hospital for treatment and while there, he was given a BAC test, which showed that Fields had a blood alcohol level of .078. The PCA was a repeat of the same information. In the LOR report, Gilbert documented that Fields resisted arrest by pulling away and ignoring verbal commands. Gilbert documents that he attempted to take Fields to the ground with an arm drag take down but that Fields momentum carried him into the metal comer of the wall. Gilbert documents that his force resulted in an injury to Fields and that the injury was photographed. Refer to Exhibit 11 to see this documentation. Review of Video: On November 29, 2013, I reviewed the video of the incident put into SPD property by Officer Gilbert. I also reviewed the video attached to the Herald Tribune website and later reviewed the same video from a copy obtained fiom Susan Walsh, Supervisor of Public Relations for Sarasota County. It should be noted that the video put in property by Ofc. Gilbert and the video fiom Sarasota County were identical and complete. The video that the Sarasota Herald Tribune put on their website only showed a portion of the incident. In the video, which has no audio, Roger Fields appears to be arguing with a female bus driver, Maureen Clifford, and waving his right arm. Security Guard, Robert Sauder steps between Fields and Clifford and appears to have a conversation with Fields where Fields is seen waving his arms around in exaggerated manner. Sauder is seen pointing in a northerly direction away fiom the bus stop, apparently telling Fields to leave. Fields moves in closer to Sauder and gets face to face with him still waving his arms around. Fields then cocks his head back and makes a quick head movement forward appearing to be spitting in Sauder's face seen at 9:12:59 in the video. Sauder continues pointing away fiom the bus stop and Fields remains. Sauder eventually takes Fields to the ground with a leg sweep and begins holding Fields on the ground. Fields continually resists Sauder by squinning, kneeing and twisting his body for the next 6 minutes. During this time, Clifford and another bus driver, Michael Finch, help Sauder. Finch is seen holding Fields legs and using Sauder's radio to help expedite the police response. Ofc. Gilbert arrives at 9:19:58 in the video and Ofc. Perna at 9:20:37. Sauder gets off of Fields and Ofc. Gilbert appears to push Fields in the shoulder I.A. Case 12-010 6 Investigative Report January 29, 2013 Officers Gilbert and Pema with his foot to keep Fields on the ground. Ofc. Gilbert is seen helping Fields up off the ground to sit on a bench and appears to tell Fields to remain seated. Ofc. Gilbert is seen getting protective gloves on and at 9:27:13 as he walks behind Fields who is still seated on the bench. At 9:27:14, Ofc. Gilbert is seen grabbing Fields left arm with his left hand and leaning in to possibly grab Fields' right arm with his right hand. Immediately, Fields turns his body away from Ofc. Gilbert and Officer Gilbert loses his grasp of Fields left arm. At 9:27:16 Ofc. Gilbert is seen then grabbing a hold of Fields' right arm with both hands and pulling him. Fields comes off the bench to a standing position and moves forward into the bus terminal booth at 9:27:17 in the video. After hitting the bus terminal wall Fields is handcuffed without any further struggle or force use by the oflicers. Ofc. Pema who was seen standing a few feet away prior to the struggle, moves in to help after Fields hits the ticket booth. Ofc. Perna grabs a hold of Fields rear shirt collar while Ofc. Gilbert places handcuffs on Fields. Fields appears to be wobbly on his feet and Ofc. Pema and Sauder guide Fields to the ground to a seated position. The Sarasota County Fire Department arrives on scene at 9:34 and Fields is put onto a stretcher and taken to the rescue unit. Ofiicer Gilbert and Perna's demeanor appears to be calm throughout the entire incident. Refer to Exhibit 27 to see the videos. On December 3, 2012, I called Chief Van Orsdol, with the Sarasota County Fire Department (SCFD) so that I could obtain their incident report and receive contact information for the EMTS. Van Orsdol called me back a short time later and indicated that he had spoken to the Paramedic who told him Fields was belligerent during their encounter with him. I received the incident report under case 01203 7905. The report indicates that Fields was treated for a laceration to the right side of his head and transported to Sarasota Memorial Hospital for fiirther treatment. The report condition code documents alcohol intoxication. In the narrative, it states that Fields was uncooperative. Refer to Exhibit 21 to see the report. On December 5, 2012, I received a phone message fiom Gary Johnson. Mr. Johnson indicated that he was a former neighbor of Roger Fields while living on Cass Street in Sarasota County. Mr. Johnson described Fields as a, "mean drunk" and said that Fields was drunk everyday and used pills. Johnson asked that we look into Fields criminal history because he thought it was relevant to this investigation. He advised that Fields had been arrested for battery on a Sheriff's Deputy and resisting arrest. Johnson said, he believed that Fields' past behavior should be part of this investigation because it shows that Fields has a history of causing problems and resisting arrest. Mr. Johnson told me that in the past, he has witnessed Fields kicking and denting a fellow neighbor's car because the neighbor could not give Fields a ride that day. Mr. Johnson said he saw the video that the Herald Tribune had put on the intemet of Mr. Fields' arrest and he thought it was clear that Fields was resisting the oflicer and the officer did not intentionally 1:ry to hurt Fields. I completed a Criminal History on Roger Fields that shows he has been arrested for 7 felonies and 9 misdemeanor charges. Fields was arrested for larceny, burglary, battery, aggravated battery with a deadly weapon, grand theft auto, aggravated domestic battery, possession of narcotic equipment, violation of probation, resisting arrest and battery on a law enforcement officer. In the aggravated battery case, Fields hit his roommate in the head with LA. Case 12-010 7 Investigative Report January 29, 2013 Oificcrs Gilbert and Perna a 12-inch flashlight causing a laceration to the victim's head. When the deputies attempted to handcuff Fields, he kicked one of the deputies. Fields then purposely began ramming his own head into the side of the deputy's car. Recorded interviews were conducted with the following individuals and are summarized below as part of this report. Each interview, in its entirety can be viewed under the exhibit tab section. Witness- Robert Sauder SCAT Security Guard Witness-Michael Finch, SCAT bus driver Witness-Sgt. Bolden Witness-Maureen Clifford, SCAT bus driver Witness-Holly Johnson Witness-Anthony Martinez SCFD Paramedic Witness-Patrick Doyle, SCFD EMT Arrested subject-Roger Fields Subject Officer Perna Subject Officer Gilbert On December 20, 2012, Fields signed waivers for the release of his medical records for SMH and the SSO jail. - Review of medical records: I received and reviewed the medical records fiom SMH. The report documents that Fields was treated for a laceration to his head, which was treated with sutures. The report notes that Fields had slurred speech and had a blood alcohol level of .078. The hospital performed a other testing and reported no finther injuries. The report documents that Fields had an old finger injury, scars and some abrasions. SMH medically cleared Fields to be transported to the jail. On January 7, 2013, I received the medical record from the SSO jail. The report documents that Fields his head and had a possible broken finger. Fields admitted that he drinks 4 to 8, 16 oz beers daily. Fields said his injury occurred because he was slammed into a wall and hit his head on a corner. On January 15, 2013, I photographed the terminal booth at the SCAT bus station located at 1st St. and Lemon Ave. It was noted that the metal corner to the booth where Fields apparently hit his head, comes to a sharp angle. . I.A. Case 12-010 8 Investigative Report January 29, 2013 Ofiicers Gilbert and Perna C. Interviews Interview of Robert Sauder -- Exhibit 1 On December 12, 2012, Lt. LeBlanc and I interviewed Robert Sauder. Sauder is a Protection Officer for G4S Secure Solutions who provide security at the SCAT bus stations for Sarasota County and was assigned to the SCAT terminal located at 1525 1" Street on October 6, 2012. Sauder advised that he had called the police to assist him with 'an individual who was trespassing. However, prior to SPD arriving he became involved with a different subject, Roger Fields. Sauder was contacted by a female bus driver, Maureen Clifford who complained that she was having a problem with Fields. Sauder recalled that Clifford told him she had denied Fields entry on her bus the day prior because Fields was heavily intoxicated. Sauder said he attempted to talk with Clifibrd further but Fields interrupted their conversation and began calling Clifford a "fiicking bitch." Sauder said he then instructed Fields to leave the property at least three times. He advised that Fields kept getting closer and closer to him refiising to leave and then spit purposely in his face. Sauder advised he felt he was a victim of a battery and used a leg trip to take Fields to the ground and hold him there until SPD could arrive. He advised that Fields continued to resist him by squirming, twisting, and kneeing him while on the ground. Fields said he held both of Fields hands for his own protection and so that Fields would not get away. Sauder advised that one of the bus drivers used his radio to call his dispatch to get SPD to expedite due to the struggle. Sauder advised, that once Ofc. Gilbert arrived he told him to get off Fields and get washed up due to some blood on his hands. Sauder advised that, Ofc. Gilbert interviewed him and he informed Gilbert of what had transpired. Sauder stated he witnessed Ofc. Gilbert walk over to Fields and told him he was under arrest. Sauder stated, "when he goes to grab the guy '5 arm to put the handcufifs on him, the guy ripped his arm out af0fiicer Gilbert 's hands and turned you know so that he that 's when he grabbed his arm and put him up against the ticket booth and unfortunately the gentleman during the resisting his head hit the aluminum flaming of the ticket booth." Sauder also stated, mean it was a if it would 've been an inch over I mean, but you can 't control where you put a suspect. I mean the guy was when he went to grab him the guy staggered in staggered that direction so I mean with the momentum that he had that 's where he ended up put taking control of him and putting him into custody there." Sauder described that Fields violently ripped his arm out of Ofc. Gilbert's grip. I asked Sauder, as the eyewitness, was it his perception that Ofc. Gilbert intentionally tried to slam Fields into the ticket booth or was unintentional. Sauder said, "My impression is that afler he ripped his arm out of his hands, he went to secure him with a little moreforcefitl because obviously the guy had resisted him and he did it and the guy took a step forward and with momentum. I mean he stood he got 'em up, stood him up and the guy staggered over and he was trying to find some place to put him up again so he can get some handcufifr on and his his momentum took him right into that. I mean it was not Ofc. Gilbert 's fiom what I see intention on throwing him into head first into a ticket booth. There was no malice. Sauder said he thought it was accidental that Fields head hit the sharp aluminum frame by the window. I asked Sauder what was Ofc. Gilbert's demeanor before and LA. Case 12-010 9 Investigative Report January 29, 2013 Ofiicers Gilbert and Perna after the arrest. Sander replied that Ofc. Gilbert was calm, never raised his voice and did not exhibit any anger. Sander advised Fields' breath smelled of alcohol and he was belligerent. Sander described both Ofc. Gilbert and Pema as acting professional and he did not witness any actions or behavior that would cause him concern. This interview should be read in it's entirety. Interview of Sgt. Bolden - Exhibit 2 On December 10, 2012, Lt. LeBlanc and I interviewed Sgt. Bolden, immediate supervisor of Officer Gilbert and Officer Pema"'s. Sgt. Bolden advised that on October 6, 2012, the date of the incident, he was busy attending a meeting. He advised Ofc. Gilbert did contact him that day and informed him about the arrest of Roger Fields and that Fields had been injured. Gilbert told him that as he tried to place Fields into custody, Fields pulled away and he tried to take Fields to the ground but the guy swung wide, went into a wall, and caught the corner of the bus station booth. Sgt. Bolden advised that Ofc. Gilbert told him that Fields was intoxicated, belligerent and had been in an altercation with the security guard. Sgt. Bolden advised that Sgt. Henderson photographed Fields' injuries at the hospital and that Ofc. Gilbert documented the event in his reports, including his LOR report. Sgt. Bolden said that Ofc. Gilbert told him that SCAT had video and he asked for permission to retrieve it fi'om the SCAT office in the County. Sgt. Bolden advised that a few weeks later after several attempts, Ofc. Gilbert did get a copy of the video and he put it into Property. This interview should be read in it's entirety. Interview of Michael Finch -- Exhibit 3 On December 6, 2012, Lt. LeBlanc and I interviewed Michael Finch, a SCAT bus driver. Finch advised on October 6, 2012, he was told by Maureen Clifford, another driver that she was being harassed and threatened by Fields. She informed him that she had problems with Fields the day before down at Sarasota Square Mall and today Fields began yelling at her. Finch told Maureen to notify the security guard, Robert Sander. Finch indicated he witnessed Sander ask Fields to leave the property at least three times but Fields refiised and spit in Sauder's face. Finch said that Sander used a judo trip to take Fields to the ground and began holding him there for police. Finch described how Fields continually tried to resist Sander by kicking and twisting, while Sander was holding him. Finch advised he helped hold Fields legs at one point and used Sauder's radio to call SCAT dispatch to ask for immediate help. Finch said that Fields was intoxicated and had bloody knuckles prior to the struggle with Sander. Finch advised he observed a police officer arrive and get Fields to sit on the bench and he then had to leave on his bus route. Finch did not witness Oflicer Gilbert arresting Fields. This interview should be read in it's entirety. LA. Case 12-010 10 Investigative Report January 29, 2013 Officers Gilbert and Pema Interview of Maureen Clifford-Exhibit 4 On December 11, 2012, Lt. LeBlanc and I interviewed Maureen Clifford, a SCAT bus driver. Clifford advised that on October 5, 2012, Fields got on her bus near Vamo Rd. She advised he tried to pay 60 cents as if he was a senior instead of $1.25 and when she asked him for a Medicare card he argued with her. She advised she also asked him if he was going to the Mall since that was her last stop a short distance from this stop. She indicated that when she stopped at Sarasota Square Mall she told all the passengers that it was the end of the line, but Fields refused to get off the bus. She indicated that before she had a chance to explain he could get back on after her break, he began cussing at her. Clifford said that Fields then came towards her and said, gonna slap the shit out of you If you get of this bus!" Clifford advised she got off the bus and pretended to call the police and Fields ran off. Clifford said that on October 6, 2012, she saw Fields at the SCAT bus station at 15' and Lemon Ave. She said that as she walked by, Fields said to her, "Fusion bitch." She advised she then tried to talk with Fields to let him know that she would let yesterday go but he said, "Get away fiom me or I 7! kill you. Clifford said that Finch heard this and told Sauder, the security guard. She advised, as she tried to tell Sauder what had happened, Fields followed her and called her a "jitcking bitch." She described how Sauder told Fields to leave at least three times and that Fields spit twice in Sauder's face. Sauder then took Fields to the ground and held him there for approximately ten minutes while Fields tried to struggle and get away. Clifford said she saw several unopened beer cans come rolling out of Fields bag he had been carrying. She said she saw Officer Gilbert arrive and put his gloves on and tell Sauder to go get washed up. She advised Officer Gilbert told Fields to calm down and Fields continued to scream at Sauder and the officers. Clifford described Officer Gilbert and Pema as acting professional and calm. Clifford said that she then had to leave for her bus route and did not witness the arrest of Fields. Clifford told us she believed that Holly, a passenger, was a witness and assisted me with getting Ho1ly's phone number. This interview should be read in it's entirety. Interview of Holly ohnson-Exhibit 5 On December 13, 2012, Lt. LeBlanc and I interviewed Holly Johnson. Johnson advised that on October 6, 2012, she was at the SCAT bus station at 15' and Lemon Ave. waiting for a bus. She said she witnessed Fields yelling at Clifford and stated that Fields said, Fuck you bitch I 71 fitcking knock your ass out! "J0hnson described Fields as "pretty trashed" and intoxicated. Johnson also said she saw beer cans fall out of Fields' bag. Johnson said that the security guard asked Fields to leave and Fields got into the security guard's face. Johnson said, "He actually did hock-a- Ioogie in the security guard's face. Johnson said that the security guard took Fields to the ground and Fields kept resisting and kicking. Johnson said she saw police officers arrive and get Fields to sit on the bench. Johnson did not see Officer Gi1bert's struggle with Fields. This interview should be read in it's entirety. LA. Caseii 12-010 1 1 Investigative Report January 29, 2013 Officers Gilbert and Perna Interview of Anthony Martinez-Exhibit 6 On December 16, 2012, I completed a phone interview with Sarasota County Fire Department Paramedic Anthony Martinez. Martinez advised he had reviewed his report and did recall the incident. He said that they were dispatched to the bus station for a subject who had a laceration. He advised that he met with SPD and he observed the subject, Fields, sitting in handcuffs. Martinez described Fields as being belligerent and uncooperative. Martinez advised he recalled that Fields told him he had been drinking and was an alcoholic. I asked Martinez how Fields was uncooperative and Martinez said that Fields was swearing at him. Martinez advised they transported Fields to SMI-I for treatment for the laceration to the forehead. Martinez described the SPD officers as acting professional. This interview should be read in it's entirety. Interview of Patrick Doyle -Exhibit 7 On December 19, 2012, I completed a phone interview with Sarasota County Fire Department EMT Patrick Doyle. Doyle advised that he recalled responding to a subject with an injured head and transporting him to SMH. He indicated he remembered SPD standing by but did not recall anything out of the ordinary. He said he was only with Fields a short time and went forward in the ambulance to drive and that Martinez would have had more interaction with Fields. This interview should be read in it's entirety. Interview of Roger Fields-Exhibit 8 On December 20, 2012, Lt. LeBlanc and I completed an interview with Roger Fields with his attorney Mathew Peters present. Fields is the subject that was arrested by Oflicer Gilbert in this case and Peters advised he was representing Fields in a civil law suit against the City of Sarasota for Fields injuries that occurred during his arrest. Fields began by telling us that one of the bus drivers was complaining about him for what he had done the previous day to the security guard. The security guard told him to leave and got in his face. Fields said he told the security guard, "If you weren 'gone. And he kept yelling at me in my face and I was yelling back at him and he said he said I spit in his face and that 's when he knocked me down. Fields said, Sauder then sat on him for fifteen minutes until the police arrived. He said Officer Gilbert helped him up and sat him on a bench. He said that Officer Gilbert interviewed the bus drivers and the security guard and then came up behind him. I asked Fields did Officer Gilbert tell you that you were under arrest. Fields said, "Yeah he had his handcafis out and I was standing up." Fields said, was turning around asking why I was under arrest and that 's when he just grabbed me, slammed me into the wall." I asked Fields several times if he ever put his hands behind his back. Fields at first said that he turned around to ask why he was being arrested. I asked, did you let Ofc. Gilbert put your hands behind your back again. Fields said, didn 't actually let him but he was ready, getting ready to handcufl me. LA. Case# 12-010 12 Investigative Report January 29, 2013 Otficcrs Gilbert and Pema That 's when I just turned around and asked why was being arrested I asked was Officer Gilbert giving him verbal commands at the time. Fields then said that Ofc. Gilbert did not say anything to him at all. Fields denied being intoxicated but said he was tested and his blood alcohol level was .078. He claimed he had nothing to drink that day. I asked if the alcohol was in his system fi'om the night before and he said, "Yes." I asked, did he think Officer Gilbert intentionally threw him into the wall. Fields said, thought he was doing it to injury me, knock me out." I asked did Officer Gilbert appear angry or mad at him prior to the arrest and Fields said, I asked Fields if he spit in the security guards face. Fields said that because he is missing his fiont teeth he accidently might have but not intentionally. I pointed out to him that on the video he cocks his head back and appears to spit at Sauder. Fields still denied spitting on Sauder. I asked what had happened the day before with the female bus driver. Fields said she told him to get off the bus because it was her break and that he would have to pay to get back on. He stated that he said "Somebody needs' to slap you around a bit. Fields said he got off and waited for the next bus. I asked what had occurred between him and the female bus driver on the day of the arrest. Fields said, called her a bitch." I asked why he did not leave when the security guard told him to leave. He said because the guard was in his way. When asked why he did not just tum and walk away. Fields said, "He knocked me down. Some of Fields testimony was inconsistent with all the other witnesses in this case and he was untruthful about his actions that were seen on the video. Fields admitted to threatening the female bus driver the day before, cussing at the female bus driver on the day of the incident, having a blood alcohol level of .078, to not putting his hands behind his back and to turning away from Officer Gilbert during the arrest. This interview should be read in it's entirety. Interview of Officer Todd Perna-Exhibit 9 On January 22, 2013, I interviewed Ofc. Pema with PBA Representative Jerry Childress and Lt. LeBlanc present. Ofc. Pema advised that he responded to the SCAT bus station to assist Ofc. Gilbert. Ofc. Pema said that Ofc. Gilbert conducted all the interviews while he stood by watching Fields who was seated on the bench. Ofc. Pema indicated he learned that Fields had spit on Sauder, the security guard and he observed Fields yelling profanities and pointing at Sauder. Ofc. Pema advised he made sure he put protective gloves on because he was concemed due to the fact that Fields was already bleeding from some scrapes. Ofc. Pema said that after Ofc. Gilbert completed his investigation he told him that he was going to arrest Fields. Ofc. Pema stated that Ofc. Gilbert said, "You don 't need to glove up I got this, I can handle it." Ofc. Pema advised, that at this point Fields had calmed down and he started to take his gloves off and stand by unless he was needed. Ofc. Pema said that while he was taking his gloves off, he looked up and saw Fields swinging and Ofc. Gilbert trying to take him down. Ofc. Pema said, "Subsequently, his momentum, he had the drunk stagger, his feet just kept going and he hit the wall of the ticket booth. Ofc. Pema said that Fields did not cooperate with Ofc. Gilbert trying to hand cuff him. Ofc. Pema advised after Fields hit the wall he moved in and held Fields shirt LA. Case 12-010 13 Investigative Report January 29, 2013 Officers Gilbert and Pema while Ofc. Gilbert handcuffed Fields. Ofc. Pema indicated that the struggle happened so quickly he did not have a chance to assist. Ofc. Perna said," I couldn 't react fast enough to even get over there to help Derrick Ofc. Perna said, that he did assist Fields to the ground when his legs got wobbly and waited with him until EMS arrived. He advised he thought that Ofc. Gilbert did not intentional try to slam Fields into the wall and thought that because Fields was drunk and staggering his momentum took him into the wall. I asked Ofc. Perna if he felt he assisted in the handcuffing or if he used any force. He said, "Absolutely not." I asked Ofc. Perna if he felt that Ofc. Gilbert had committed any illegal actions or use excessive force. Ofc. Perna said, "Absolutely not, if he had I would have reported it. Ofc Perna said that he and Ofc. Gilbert went into the Sergeant's office and told Sgt. Bolden about the incident and that he did not complete any paper work because he felt Sgt. Bolden said that everything was good and he did not need to. This interview should be read in it's entirety. Interview of Officer Derrick Gilbert-Exhibit 10 . On January 22, 2013, I interviewed Ofc. Gilbert with PBA Representative Jerry Childress and Lt. LeBlanc present. Ofc. Gilbert advised he was at the City Barn when he received the dispatch for this incident. He advised he responded and observed Sauder holding Fields on the ground and that Fields was struggling and cursing. Ofc. Gilbert said he was concerned for his and Sauder's safety due to the agitated state of Fields and the fact that Fields was bleeding. Ofc. Gilbert said that he separated Sauder and Fields and helped Fields to the bench once he had protective gloves on. Ofc. Gilbert advised that he interviewed Sauder who told him that Fields had caused a disturbance with a female bus driver, refiised to leave when told to do so and that Fields had spit in his face. Ofc. Gilbert said he interviewed Fields who corroborated the infonnation. Ofc. Gilbert advised that he smelled alcohol on Fields' breath, observed him to have slurred speech and red eyes. He also observed that Fields had several cans of beer in his bag. Ofc. Gilbert said, that from his investigation he felt he had probable cause to arrest Fields for disorderly intoxication. Ofc. Gilbert advised that he did not expect Fields to resist arrest. Ofc. Gilbert advised that he moved in behind Fields who was seated and began to grab Fields left wrist. Ofc. Gilbert said he told Fields he was under arrest, to put his hands behind his back and to stand up. Gilbert said, "As soon as I said (this) he turned and took his right arm and separated his self fiom me, in an attempt to separate himself fiom me and, leaning back" and immediately went to put him on the ground. Gilbert then said, Mr. fields remained on his feet, I took a open step with my right foot to place him on the ground because you got to remember he was bleeding I didn't want to get physically close to him and you know bear hug was trying to get him down on the ground with an elbow and forcing him down on the ground However. He stayed on his feet and remained there and his momentum just carried him into the ticket booth, um it surprised me more than anything that the ticket booth was there. Ofc. Gilbert advised that he did not intend to take Fields into the booth. Ofc. Gilbert described how Fields staggered when he tried to take him to the ground, which he LA. Case 12-010 14 Investigative Report January 29, 2013 Ofiicers Gilbert and Perna felt, caused his momentum to carry him into the wall. Ofc. Gilbert indicated that the incident happened very quickly and he did not have time to take Fields to the ground. Ofc. Gilbert said that after Fields hit the wall he handcuffed Fields while Ofc. Pema stood by and assisted. Ofc. Gilbert called for EMS to treat Fields and then followed the rescue to the hospital. Ofc. Gilbert indicated that he immediately called Sgt. Bolden to report the incident and he requested that gt. Henderson photograph Fields' injuries. Ofc. Gilbert advised that he also obtained a copy of the SCAT video surveillance video and placed it into Property. Ofc. Gilbert advised that it was never his intention to injure Fields. This interview should be read in it's entirety. D. Recommendations In regards to the allegations against Officer Gilbert, the following findings are recommended for your approval. Rule 7.17M Violation of rules, orders and policies issued and adopted by the City andlor Department, to wit: Not sustained General Order 703.55-- Use of Force Officers of the Sarasota Police Department are expressly forbidden from using any force with the objective of rendering punishment or retribution. Not sustained General Order 703.56 - Use of Force The Sarasota Police Department will not tolerate any excessive use of force. Any act suspected of being an excessive use of force will be investigated and may result in disciplinary action. Not sustained In regards to the allegations against Officer Perna, the following findings are recommended for your approval. Rule 7.17M Violation of rules, orders and policies issued and adopted by the City andlor Department, to wit: Exonerated General Order 703.112.6 Each officer involved in an incident, who uses or actively assists in the application of any force listed in 703.111 shall complete a Level of Resistance Report describing his/her actions in regards to the use of force. As each officer involved in a use of force situation may use LA. Case 12-010 15 Investigative Report January 29, 2013 Officers Gilbert and Perna different levels of force, each officer must write their own account of his/her involvement. Oflicers are prohibited fi'om copying/pasting narratives. Exonerated General Order 703.ll1- Reporting Use of Force Officers shall complete the Level of Resistance Report, Annex A, whenever: B. An officer's use of force results in death or any injury. H. An officer applies a restraint device in other than routine handcuffing procedures. Exonerated General Order 319.441 Reporting Illegal or Unethical Conduct An employee who has infonnation conceming illegal actions, dereliction of duty, malfeasance, misfeasance, unprofessional, or unethical conduct by another employee shall immediately report same to an immediate supervisor or internal affairs. Exonerated Conclusion of Fact 2 Officer Gilbert Pema LA. Case 12-010 G.O. 703:111 Officers shall complete the Level of resistance Report, Annex A, whenever: B. An officer's use of force results in death or any injury. H. An officer applies a restraint deice in other than routine handcuffing procedures. FINDING: EXONERATED G.O. 703.1l2.6 Each officer involved in an incident, who uses or actively assists in the application of any force listed in 703.111 shall complete a Level of Resistance Report describing his/her actions in regards to the use of force. As each officer involved in a use of force situation may use different levels of force, each officer must write their own account of his\her involvement. Officers are prohibited from copying\pasting narratives. FINDING: EXONERATED Investigator(s) . . . . . Sergeant Mark Opitz Action Taken . . . . . . No action taken Approved . . . . . . . . . fly as-7 23- Bernadatte A. DiPino Chief of Police Date . . . . . . . . . . . . . 97" 5 '7 3 Distribution List . . . . . . . . Capt. W. McVay Lt. K. Rainey Sgt. E. Bolden Officer D. Gilbert .-- c:oF'- marrarfiog, Officer T. Pema Unon execution of this document. this file becomes public record. I.A. Case 12-010 . 16 Investigative Report January 29, 2013 Ofiiccrs Gilbert and Perua HI. CASE HISTORY I.A. 12-010 11/29/12 Capt. Sutton informed Lt. LeBlanc and I that the Sarasota Herald Tribune had contacted the Sarasota City manager, Torn Barwin in-regards to an arrest made by Ofc. Derrick Gilbert at the SCAT bus station on Lemon Ave. The Tribune reporter alleged that excessive force was used and showed the video to Tom Barwin. On this date the Tribune posted a story on-line which had a link to a video. Capt. Sutton advised that there would be an investigation into this incident. 11/29/12 I obtained a copy of the incident report, the PCA, a witness statement, Level of resistance form and SPD Bulletin for case 12-051466, and the related PCA 12-051486. 11/29/12 I called the Sarasota County SCAT office to obtain a complete version of the video and spoke to Mark Leffingwell, at 861-1038. I was then referred to Susan Walsh, a supervisor for public relations for Sarasota County. (861- 5504, 650-4791) She advised she would send me a complete version of the video they had by email. She advised their video normally is erased after 30 days but because they had made a copy for the Public Defender's office for this incident they did have the video available. She informed me that there had been several other requested for the video fiom media outlets. 11/29/12 I contacted Ann Pingel, with the Sarasota County Communication Center and requested any 911, calls, dispatch recordings, Unit History for Ofc. Gilbert, CAD Chronology and event Chronology. 11/29/12 I called SPD Property and received a copy of the video and dispatch recordings put into property by Ofc. Gilbert. 11/29/12 IAC received a completed complaint form written by Capt. Sutton. The complaint was forwarded to Chief Hollaway who directed that a Formal investigation be conducted. 11/29/12 I was informed that there were no photographs located in property or Crirninalistics for case 12-051486 as indicated in Ofc. Gilbert's LOR. 1 1/29/12 I called USD Admin. Assistant Elaine Norring and requested the Manpower Roster for Oct. 6, 2012. 1 1/29/12 I left a message for Farrell Broeder, the Assistant State Attorney who was assigned the criminal case. LA. Case 12-010 17 Investigative Report January 29, 2013 Officers Gilbert and Perna 11/30/12 Lt. Boyd informs the IAC that Ofc. Gilbert was put on Administrative Leave on 11/29/12. 12/3/12 I spoke to SAO Farrell Broeder. She advised she did a PFI with Ofc. Perna. She advised she had called Ofc. Gilbert but he had not called her back. She advised she did not have any recorded statements for this case. 12/3/12 I left a message for Susan Walsh requesting contact information for Security Guard Robert Sander, the SCAT employee and the bus drivers seen in the video. I also spoke to Greg Brakin, Operations Manager for SCAT. He advised he would have Pruitt contact me with the SCAT employees contact info. 12/3/12 I contacted the SCAT Security Guard, Robert Sauder and set up an appointment for December 5, 2012. 12/3! 12 I contacted SCFD Chief Van Orsdel and requested the SCFD report for the transport of Roger Fields and contact information for the SCFD EMTS. I received the report on this date. 12/4/12 I left a message for Sgt. Bolden to contact me. I asked him if he knew who had taken photographs of Mr. Fields. 12/5/12 I called Sarasota County govemment and spoke to Pruitt. She advised she would have Greg Brakin contact me with the SCAT employee's infonnation. 12/5/12 Sgt. Bolden contacted me by phone. He advised that Sgt. Henderson had taken the photographs. Sgt. Bolden advised on October 6, 2012, Ofc. Gilbert had informed him of the arrest and injury to Mr. Fields. Sgt. Bolden advised that he was aware that Ofc. Gilbert had obtained the video of the incident from SCAT but that it had taken him a couple of weeks to get the video due to issues with SCAT. 12/5/12 Lt. LeBlanc and I interviewed Robert Sauder. 1215/ 1 2 I left a message for Sgt. Henderson. 12/5/12 IAC received a phone message fi'om Gary Johnson. (941-922-7667) Mr. Johnson indicated that he was a former neighbor of Roger Fields while living on Cass Street in Sarasota County. Mr. Johnson described Fields as a, "mean drunk" and said that Fields was drunk everyday and also used pills. Johnson asked that we look into Fields criminal history because he thought it was relevant to this investigation. He advised that Fields had been arrested for battery on a Sheriffs Deputy and resisting arrest. Johnson said he believed LA. Case?! 12-010 13 Investigative Report January 29, 2013 Officers Gilbert and Perna Fields past behavior should be part of this investigation because it shows that Fields has a history of causing problems and resisting arrest. Mr. Johnson told me in the past he witnessed Fields kicking and denting a fellow neighbor's car because the neighbor could not give Fields a ride. Mr. Johnson said he saw the video that the Herald Tribune had put on the internet of Mr. Fields' arrest and he thought it was clear that Fields was resisting the officer and the ofiicer did not intentionally try to hurt Fields. 12/5/12 I completed a Criminal History on Roger Fields. The history shows that Fields had been arrested for 7 felonies and 9 misdemeanor charges. Fields was arrested for larceny, burglary, battery, aggravated battery with a deadly weapon, grand theft auto, aggravated domestic battery, possession of narcotic equipment, violation of probation, resisting arrest and battery on a law enforcement officer. In the aggravated battery case Fields hit his roommate in the head with a 12- inch flashlight causing a laceration to the victim's head. When the deputies attempted to handcufi' Fields he kicked one of the deputies. Fields then purposely began ramming his own head into the side of the deputy's car. '12/6/12 On this date it was determined that the photographs taken by Sgt. Henderson had been put into property under case 12-051466 not 12-051486 as indicated on the LOR report. I received copies of the photographs fiom Crime tech James Tusock. 12/6/12 I re-contacted SCAT and eventfully was referred to George Shrewsbury, a supervisor of the bus drivers. He indicated he would have SCAT dispatch contact me with the contact information for Michael Finch and Maureen Clifford. 12/6/12 Lt. LeBlanc and I interviewed a SCAT bus driver Michael Finch. 12/6/12 I spoke to Maureen Clifford, a SCAT bus driver by phone she advised she would call be back to set up an interview. 12/ 10/ 12 Lt. LeBlanc and I interviewed Sgt. Bolden. 12/10/12 I called Ms. Clifford and left a message to call me. She retuned my call and gave me the contact information for another witness. Clifford said that Holly Johnson (941-650-0631, 941-388-7558), had witnessed the entire event and had given her name and information to one of the oflicers. 12/11/12 Lt. LeBlanc and I interviewed Ms. Clifford. 12/ 1/ 12 I contacted Holly Johnson by phone and set up an appointment to interview her on December 12, 2012 at SPD. I.A. Case 12-010 19 Investigative Report Janua.ry 29, 2013 Officers Gilbert and Pema I 12/12/12 12/13/12 12/13/12 12/18/12 12/18/12 12/18/12 12/18/12 12/18/12 12/19/12 12/20/12 12/20/12 12/20/12 Ms. Johnson did not show up for her interview. I left several messages for her to call me with no response. I completed a DAVID and Accurint check and located a possible address for Ms. Johnson. Lt. LeBlanc and I responded to 224 Cornelius Cir. A woman there identified herself as Holly's mother. She suggested we look for Holly at her boyfi'iend's apartment, 202 somewhere on Shade Ave. We located the Shade Village Apartments and found Holly Johnson. Lt. LeBlanc and I interviewed Ms. Holly Johnson in a courtyard at her boyfriend's apartment complex. I served Ofc. Gilbert his Fonnal Notice. I completed a phone interview with SCFD Paramedic Anthony Martinez. I researched through Mugs, DAVID and Accurint for a possible address and phone number for Roger Fields. Fields routinely gave the address of 5419 Kenwood Dr. North Port F. to the SSO jail, which is not a valid address according to Accurint. However, for his DL he used 5419 Kenwood Dr. I called a phone number associated with this address and spoke to Keith Anderson. Anderson told me he was Fields brother-in-law but said he rarely sees Fields. I left a message with Anderson to have Fields call me in reference to a SPD Intemal Investigation. I received a message from Mathew Peters, who identified himself as Fields' attorney. He asked that I call him to set up an interview and advised that he would want to be present during the interview. (941-955-5356) I returned his call and Mr. Peters advised he was representing Fields in his civil case and possibly his criminal case. An appointment was set up for December 20, 2012, at 1000 hours. I contacted Patrick Doyle, SCFD EMT to set up a time to speak. An appointment was set for 1400 hours however, he became busy at work and we rescheduled for 12/ 1 9/ 1 2. I completed a phone interview with SCFD EMT Patrick Doyle. Lt. LeBlanc and I interviewed Roger Fields at the oflice of Internal Affairs with his attorney present, Mathew Peters. Capt. McVay served Ofc. Perna his Formal Notice. I provided Sarasota Memorial Hospital with a medical release for Roger Fields and received his records. '#3555 LA. Case 12-O10 EU Investigative Report January 29, 2013 Oficers Gilbert and Pema 12/20/12 I provided Sarasota Sherifi' Ofice records with a medical release for Roger Fields. 1/7/13 I contacted SSO records to see when I would receive the medical records and they referred me to Armor Correctional Health Services (ACHS) who keeps the records for the SSO jail. I then faxed a copy of the release to ACHS. I later received the records. 1/8/13 I contacted Laura smith with the PBA office to set up an interview for both ofiicers. The interviews were set for Jan. 16, 2013. 1/15/13 I photographed the SCAT bus terminal booth where the incident occurred. 1/ 16/ 13 PBA Rep. Jerry Childress called to postpone the interviews due to a- 1/ 16/ 13 Childress calls and the interviews are rescheduled for Jan. 22, 2013. 1/ 17/ 1 3 I provided Ofc. Gilbert with an updated Notice of interview and gave him copies of the photographs of the incident scene. 1/18/13 I left a phone message for Ofc. Perna informing him when the interview would be. 1/22/13 I completed an interview with Ofc. Perna with Lt. Leblanc and PBA Representative Jerry Childress present. I provided him copies of the photographs of the incident scene. 1/22/13 I completed an interview with Ofc. Gilbert with Lt. Leblanc and PBA Representative en'y Childress present. 1/22/13 I received a phone message call from the SAO. I was informed that Assistant State Attorney Sondra Beverly is now handling the Fields criminal case and the trial -would be on 1/23! 13. I called back and left a message. 1/24/13 Roger Fields pleaded no contest to the charges of disorderly intoxication and resisting arrest. I included the Clerk of the Court criminal case details into an exhibit in this case. The details indicated that Roger Fields was found guilty on both charges.