Sheriff's Office Interviews

POLK COUNTY SHERIFF'S OFFICE Administrative Investigations Section
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AI 10-21

CR 10-064

DATEffIME OF RECORDING:

6/7110 Approximately 1914 Hours

PERSON INTERVIEWED: EF:

Lake Wales Officer Emmanuel Figueroa, #L356 (Witness)

AIS INSPECTOR: SW: : KW:

Shawn Whitmer, #5036 Kathy Watson, #1487

TRANSCRIBED BY:

Monica Villanueva, #6458

SW: My name is Inspector Whitmer of the Polk County Sheriff's Office and I am conducting a sworn, recorded administrative interview. This administrative interview is being conducted at the Lake Wales Police Department on June 7, 2010 at approximately 1914 hours, regarding Administrative Investigation 10-21. Present during this interview is myself, Inspector Watson and Officer Figueroa. Officer Figueroa please state your full name for the record.

EF: Emmanuel Figueroa.

SW:

And what is your current rank or your position and your agency ID number?

'.._

EF: Police Officer with the Lake Wales Police Department; ID number Lima 356, or L356.

SW: Okay; where are you currently assigned at?

EF: Patrol.

SW: Before we proceed I'm advising you that you're a witness in an administrative investigation being conducted by the Polk County Sheriffs Office. You will be asked questions directly related to this investigation and you are expected to answer each question completely and truthfully. You fully understand the agency forms that you read and signed which included the perjury form and the confidentiality form?

EF: Yes sir I did.

SW: Okay please raise your right hand. Do you swear or affirm the statement you are about to give will be the truth, the whole truth and nothing but the truth so help you God?

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EF:

I do.

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SW: Okay. Officer Figueroa were you working the early morning hours of May 1, 201 O? That would be the morning that it's alleged that either you or other officers on your shift were attempting to contact Sergeant Hayes either by telephone or by radio and it ended with negative results. Were you working that morning?

EF: Yes sir I was.

SW: Okay, just in your own words tell me what happened that morning.

EF: Okay uh we got dispatched; I was dispatched as back up for Officer Hernandez on an aggravated battery case that happened off of Chalet Suzanne. The suspect of the actual case or who said that hit the other victim and stuff actually took uh ... left towards Winter Haven. That's where they said that he was living. And they gave a description of the car that he was in and they showed us a picture of him that they actually took that night. Uh, so I asked permission from my sergeant if I can go to Winter Haven with a deputy to retrieve the suspect. Uh, he said for me to go over there with a deputy and Hernandez stay and finish taped statements and everything like that.

SW: Okay how were you talking to him?

EF: What do you mean? Oh, by phone.

SW: Okay.

EF: By phone. Uh, so he told us to go, so I went. When we, when I got there with the deputy we went to the door. The deputy knocked on the door; the suspect actually answered the door. We identified him as the suspect. Once he answered the door and he saw us he went back in. And uh, didn't want to make entry without our sergeant knowing or a lieutenant. So the deputy called his lieutenant; he said do not enter the house unless ... until we speak to our sergeant. I tried to call my sergeant; got no answer.

SW: And you're referring to Sergeant Hayes, correct?

EF: Yes sir I am.

SW: Okay.

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POLK COUNTY SHERIFF'S OFFICE
Administrative Investigations Section
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EF: Uh, got no answer on that; so I called K-9 Officer Brown. We needed a K- S
9 there so I called him to see ifhe could come out.
SW: Okay how did you call him, phone or radio?
EF: By phone, by phone.
SW: Okay.
EF: Uh then he told me to call by phone again to Sergeant Hayes and ask him
permission ifhe could come out. Uh, again tried to call him by cell phone;
got no answer. Uh .. .1 wasn't on, with the radio, on the channel; we were
on Central at the time because we were in Winter Haven. So I had told
Brown to attempt to raise him through the radio. And they said they were
trying and got no answer. So then I switched back to the radio on
Southeast dispatch, which is our dispatch, and I heard we were trying to
raise him several times. I can't really tell how many times we tried, but
several times we tried to raise him on the radio we got no answer.
Uh ... Officer Goreck, or Stephanie, she also tried to raise him and told
dispatch to keep trying to raise him through the radio until he answered.
About a little bit. . .I'm not sure how much time went by, she said that
she ... that he was at his house but he was still not answering his radio.
SW: Did she say this over the phone or over the ... ?
EF: Over the radio. Over the radio told dispatch he's at his home or his vehicle
was there. So he's 77, basically under control; like he's okay. But still try
to raise him because we need him. Uh, then by that time Goreck gave K-9
Officer Brown permission to go to us because we were needing a K-9 in
case this guy was trying to barricade himself or whatnot. And uh still when
Officer Brown was with me we were trying to call him by phone and we
got no answer. Finally one juvenile ... or he wasn't juvenile, he was twenty
years old; but he arrived to his home and we asked him for permission to
go in and get the suspect. And he let us go in with him. He actually had a
driver's license with the address of that ... or with that address on his
driver's license and we got his permission. We just went in and got the
suspect and came back. When we got back here is when I saw the sergeant
in the sergeant's office. But we didn't speak about it that night. Uh ...
SW: Let me stop you real quick before we go any further than that.
EF: Okay.
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SW: When you were on scene and you were trying to contact Hayes how many
different telephone numbers were used to try to contact him that you know
ot'?
EF: Just one. Uh, I only have his cell phone number.
SW: Okay, but did you use your cell phone?
EF: Yes.
SW: Did Brown use his cell phone?
EF: Yes sir.
SW: Was there anybody else's cell phone they used to try to call Hayes that you
know of?
EF: Uh, that J know of the only ones that were used were me and Brown when
we were trying to call him. I wasn't here to see if you know Goreck was
using hers or Hernandez was using his. I didn't see them. I mean they said
they tried to call him but I didn't actually see them call him. So I can't
say ...
SW: But for sure you and Brown?
EF: Yeah.
SW: Okay.
EF: For sure I know that me and Brown used our cell phones.
SW: Okay.
EF: To try and call him.
SW: And when did he finally ... did he ever answer the phone or radio?
EF: No. Not at that time.
SW: Okay. When did he?
EF: Uh ... actually I don't remember that night because like I said when I came
'- back, when I first saw him after the whole thing was when he was here and Page 4 of9


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I had already come back with basically the suspect.

SW: Okay. Uh so you never did get his approval to go in but you got the person that lived there?

EF: Yes sir. I never got his approval to go in, but I got the consent from one of the residents.

SW: Okay.

EF: Of that house.

SW: Okay so after all that happened what happened next?

EF: Well uh when I came back Brown and him .. .like I said we didn't speak about it that night; we spoke about it in the next briefing where he told us uh that basically you know he doesn't. .. he wants to have our back and he doesn't like what happened but sometimes you know he just has to go home. And he said, he said that sometimes he takes a little shower or something to kind of wake up and things like that. But that's all that

J ... you know got out of the whole story from him. That's all that we talked about.

SW: Okay when did ya'll talk about that?

EF: In the briefing the next .. .1 believe it was the next day or the next time that we worked briefing. I can't remember, that was the last uh ... what day was it?

SW:
EF:
SW:
EF:
SW:
EF:
SW:
'_ In the briefing following?

Yeah, the following day.

Okay.

I think there was a briefing.

Okay.

Where we spoke about it.

So he never said he went home to take a nap to recharge or anything?

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EF:

Al10-21S

Well he said, he said he had to go home and he was feeling tired. It was 'RIGINAl

like that; but like I said uh and he was also saying that sometimes he takes >

little showers to wake up and just to refresh himself and things like that.

CR 10-064

SW:

Right. So did it lead you to believe while you were trying to get a hold of him that he was actually taking a shower?

EF:

Or resting, yeah or sleeping.

SW:

Or resting, okay. Uh is it uncommon to find him at his house?

EF:

Uh I wouldn't say it is, no. It's not uncommon.

SW:

Okay. So he's .. .is he there quite frequently?

EF:

He has been. Sometimes I've seen his vehicle there.

SW:

Okay. Uh for a long length of time, or are you just passing by and you just see it?

EF:

I'm just passing by and see him, see his car there.

SW:

Do you know who was trying to locate Hayes using the GPS?

EF:

No.

SW:

Was it you?

EF:

No.

SW:

Okay, Now does every patrol officer have access to the GPS to where they can see where the other officers are at?

EF:

Yes.

SW:

Okay. So that's not just a supervisor thing; everybody can look at that?

EF:

Yes sir. We have a separate screen where you can uh click on, in our Tiburon, on a button and it shows where every patrol unit is; where every vehicle's located. Sometimes it'll show the streets. And it keeps updating also like every two seconds I believe. So if you're going down the street it will show different addresses but it'll show the same street but it'll keep updating as you're driving by.

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SW: And to your knowledge was anybody trying to locate him that night using the GPS?


EF: To my knowledge uh I heard that they were but I can't tell you who it was.

I don't know who it was. But I heard that they tried to see, check the GPS also to see where he was at.

SW: Okay. And I know with us if one of our deputies or a supervisor or anybody that. .. if dispatch was trying to get a hold of them over the radio and they weren't answering after a few calls it would probably turn pretty frantic and everybody and their brother would be looking to find out where this deputy or supervisor is at.

EF: Uh huh (positive response.)

SW: It didn't seem the case in this one with Hayes. Is there a reason why it wouldn't be?

EF: Well I believe it was after Goreck said that he was at his home; that he was okay just keep trying to raise him. Uh, trying to raise him through the radio. And that's when everybody knew okay he's probably just fell asleep at his house and he's just not listening to the radio. So we kept on trying his cell phone, but. ..

S W: Okay so when you tried to call him from the scene and Brown tried to call him from the scene and you heard dispatch calling did you think there was anything wrong with him as far as safety wise?

EF: To tell you the truth no because of what Goreck had already said that he was at his home. I believed myself that he was asleep.

SW: Okay. (Directed to Inspector Watson.) Do you have any questions?

KW: As a reasonably prudent police officer would you have expected Sergeant Hayes to show up on at least one of those scenes that night?

EF: Yes; yes ma'am.

K W: Which one do you think he should have been at, the original scene or come to Winter Haven or both?

EF: Both. Because uh reason being the actual scene it was a little bit more

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important for him to be there. But when we were in Winter Haven I understand that it's Winter Haven; but at the same time we had a barricaded suspect.

KW: Like a high profile call basically?

EF: Yeah basically.

KW: So is it unusual for Sergeant Hayes to not show up on scene that's high profile when you need a supervisor?

EF: Well uh it's not really unusual because I've heard of him doing it before.

Uh, or either showing up and leaving.

KW: Without providing any supervision?
EF: Exactly.
KW: Okay.
EF: So I mean it's not uncommon or it's not something that really surprised
.~ me. I mean I don't agree with it, but. ..
KW: How long have you worked with him?
EF: I really uh ... at that time I'd say a few months.
KW: A few months?
EF: Yeah.
KW: So had you had scenes before where he should've been there and didn't?
EF: I really hadn't seen it before.
KW: Uh huh (positive response.)
EF: But it actually happened uh ... or where I heard it happened was I believe
the day before I came to his shift.
KW: Okay. But nothing you personally witnessed?
'._ EF: No ma'am. Page 8 of9


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KW:

Okay.

EF: Nothing I personally witnessed .. Just something I heard.

KW: Alright. That's all I have.

SW: Is there anything you'd like to add to your statement?

EF: No sir.

SW: Anything you want to change or correct in your statement?

EF: No sir.

SW: Is there anything that is important to this investigation that you purposely left out?

EF: No sir.

SW: Have there been any unrecorded questions or responses during this interview? Has the recorder been on?

EF: Yes sir, I believe so.

SW: Is the statement you have given true and correct to the best of your knowledge?

EF: Yes sir.

SW: I have no further questions. I will conclude this interview on the same date at approximately 1925 hours.

/rnjv

(CONCLUSION OF INTERVIEW)

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5/25/10 Approximately 1605 Hours

PERSON INTERVIEWED: SG:

Lake Wales PD Officer Stephanie Goreck, #327 (Witness)

AIS INSPECTOR: SW: :KW:


TRANSCRIBED BY:


SW: My name is Inspector Whitmer of the Polk County Sheriffs Office and I am conducting a sworn, recorded administrative interview. This administrative interview is being conducted at the Lake Wales Police Department on May 25,2010 at approximately 1605 hours, regarding Administrative Investigation 10-21. Present during this interview is myself, Inspector Watson and Lake Wales Police Officer Stephanie Goreck, Uh Officer Goreck please state your full name for the record.

so:
SW:
,,_"
SG:
SW:
SO:
SW:
SG:
SW: Stephanie Goreck,

And what is your current rank or your position and your agency ID number?

Patrol officer on the road; 327.

Okay, where are you currently assigned?

In patrol.

Is it, do you have a zone or anything like that; or is it all just ... ?

Uh, well I'm assigned to Bravo Charlie.

Okay. Before we proceed I'm advising you that you are a witness in an administrative investigation being conducted by the Polk County Sheriff's Office. You will be asked questions directly related to this investigation and you're expected to answer each question completely and truthfully. Did you fully understand the agency forms you read and signed, which was the untruthfulness form and the .... or strike that, the perjury form and the advisement of confidentiality form; did you understand those two forms?

so:

Yes.

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so: Yes.

SW: Okay, you can put your hand down. Uh, Officer Goreck it's my understanding you were on duty on May 1 st of this year, 2010 when dispatch and fellow officers were attempting to contact Sergeant Hayes. Uh, while they were trying to contact him they didn't get any response from him for an extended period of time. Do you recall that?

so: Yes sir.

SW: Just in your own words tell me what happened.

so: Uh, I remember that Officer Hernandez was working an aggravated battery call and he had ... and officers were telling me that they needed, they had got permission for and told Figueroa to go to Winter Haven to attempt to locate the suspect. And while they were over there they were .. .1 guess the guy had run back into the house and Figueroa had called Officer Brown. And I was in here in the report writing room when that happened. (Inaudible) told him that he couldn't get a hold of Sergeant Hayes and uh he needed a canine. And so Officer Brown was trying to get a hold of Sergeant Hayes and he couldn't get a hold of him on the phone so he was asking me since I'm senior to everybody else what he should do. And I told him to go ahead and go. And uh then I asked the dispatch to try to keep reaching him on the radio.

SW:
so:
SW:
SO:
SW:
SO:
SW:
, SG:
- Okay let me stop you there. So uh, is Brown the canine officer?

Yes he is.

Okay. So while Figueroa was on scene he was trying to get a canine there?

Yes.

And in order to do that he needed supervisor approval?

Yes sir; because they were in Winter Haven.

Did he say how he was trying to get a hold of Sergeant Hayes?

Uh, I believe it was on the cell phone.

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SW: Okay. Did he say how long he had been trying to get a hold of him at that point?

SG: No, I didn't talk to Figueroa so I don't know. And I was there whenever Brown attempted to call Sergeant Hayes again on his phone.

SW: Okay.

SG: And he couldn't get a hold of him.

SW: So Figueroa was talking to Brown at the time?

SG: Yes.

SW: And then Brown related ...

SG: That information to me.

SW: Okay. So you gave Brown permission to go ahead and go?

SG: Uh huh (positive response.)

SW: Uh ... how many times did Brown attempt to contact Hayes while you were present?

SG: Once while I was there. But I know he said that he had tried several times.

SW: Okay; later on?

SG: Yeah.

SW: He told you that? And he was trying to contact him telephonically, correct?


SW: Uh, did he say he got a voicemail, did he say it just kept ringing? Did he say?

SG: He didn't say.

SW: Okay.

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so: And T know he also tried on the radio.

SW: Okay. Uh ... so who were all the people that were actually trying to contact Hayes at that time?

so: I know for sure Officer Figueroa, Officer Brown and then I tried to on the radio.

S W: Okay. And no response from Hayes for anybody, correct?

so: No sir.

SW: Okay. Continue on.

so: And then uh, I kept asking dispatch to try to raise him. And T, and

I ... because I was going to the hospital where Officer Hernandez was with the victim to find out what was going on there, and as I drove down Bums Avenue his house is right on the comer. I can't remember exactly which street it is, but his house is right on the corner, and I saw his patrol car was still in the driveway and the computer was on. But I didn't know if he had went home for the day or whatever. So as I was going to the hospital I went that way and I saw his patrol car in the driveway. Then when I got to the hospital I asked them to do more uh ... try to raise him on the radio and they were unable to. And that's when the sergeant came on the radio and was basically asking what his last 10-20 was. And that's when I told her that he was at home so they didn't worry that he was out somewhere getting in trouble. And then uh .. .I'rn trying to think of what happened after that? Uh ... and then Brown called me while I was at the hospital and said that he needed me to get a hold of sergeant and wanted me to go to the house. And then as I was going, I left the hospital and was on the way to the house, I asked dispatch again to do a ... to try to raise him on the radio. And that's when they were able to raise him on the radio. So I never actually went and knocked on the door.

SW: Okay. How did Brown ask you to go ... ?

so: He called me on my cell phone.

SW: Okay, so he called you on your cell. And before you left you said that you had advised dispatch to continue to try to raise him?

so: Uh huh (positive response.)

SW: Were you here ... how did you tell dispatch that; over the radio?

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so: On the radio. I did everything on the radio.

SW: Okay. So you asked them to try to continue to raise him?


SW: Uh ... when you went by Sergeant Hayes' house was his patrol vehicle in his driveway?

so: Yes sir.

SW: Uh, did you notice if his laptop was on or not?

so: The laptop screen was up and it was on.

SW: Okay. Uh, any lights on in the house that you could tell?

so: I didn't see any.

SW:

If there had been a light on in the house do you think you would've been able to see it? I'm not sure how his house is set up, so.

SG: I mean I don't think so, because I think the blinds and everything ... 1 don't know ifT would've saw it.

SW: Okay. Uh, but you weren't ... nothing stood out to you that there was any kind of lights on?

SG: No.

SW: Okay. And what time of day was this? It was early in the morning?

so: Night, yeah it was probably after midnight. I'm not sure of the exact time.

It was morning hours.

SW: Does four o'clock in the morning sound about right?

SG: Yeah, could've been.

SW: Okay.

so: I'm not sure exactly.

_-

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SW: Because listening to the dispatch recordings it sounded like it was around four o'clock when this incident took place.

so: Yeah, I know it was after midnight but I don't remember the exact time.

SW: And what time do ya'll go off shift?

so: At six o'clock.

SW: Okay. Were you aware if Sergeant Hayes had already taken his lunch that evening?

SG: I wasn't aware, no.

SW: Okay.

SG: He usually doesn't call it out on the radio.

SW: Okay.

SG: And that night he had came in, he had came in late. It was around eleven or twelve when he got here, because I was in charge for the first half ofthe day.

SW: Okay. So when he came in at eleven or twelve what did he do?

SG: Well the first time I saw him was on a call uh, down in alpha. It was in alpha; I didn't even know he was here we just, when we got to the call he was there. So ...

SW: was he out on other calls during the evening up to that point?

SG: No.

SW: Was he here at the station?

SG: I don't think he was here at all. I don't think he was 10-86.

SW: Okay. Do you know where he was at?

so: No.

SW: Okay. Are you sure that was his patrol vehicle there?

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SG: I didn't look at the car number, but I'm pretty sure.

SW: Okay. So you never actually made contact with Hayes?

SG: No sir.

SW: Did you ever see Hayes at his residence?

SG: No sir.

SW: Okay. When he was ... when he responded on the radio were you there at his residence at the time he responded on the radio?

SG:
SW:
SO:
SW:
''_. SG:
SW:
SG: No sir, I was still on the road.

Okay. Did you drive by there still?

No.

Hayes ever give an explanation as to why he didn't respond to the radio?

No; didn't even acknowledge it.

Is this something that occurs all the time?

It's happened before, like short periods of time. Like they try several times to raise him and get him but it's never been that long, no.

SW: Okay. When you say short periods of time like long enough for somebody to sit their radio down and go in the other room and then come back; or ten minutes, fifteen minutes?

SG: No, just within like a minute or two,

SW: Okay.

SG: Never been too long. But I haven't.. .I've only been on this shift for a couple months, so.

SW: Okay. Inspector Watson do you have any questions?

KW: Is Hayes your supervisor?

"_

SG:

He was; he's not right this ... right now he's not.

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KW: Okay well when this incident happened he was your supervisor?

so: Yes sir. I mean yes ma'am.

KW: Okay, so when he didn't show up who normally does your roll call or your briefing or whatever?

so: He does.

KW: Okay. Did he just not ... did you get any notification he wasn't going to be in that day?

SG: I didn't, no. I don't know ifhe did it to anybody else. But when it was like five forty five, almost to six and he wasn't here I'm ... I'm usually the one that's in charge when he's not here so l just took over.

KW:
SO:
- KW:
SG:
KW: So you didn't get any notice, you just sort of had to wing it then?

Uh huh (positive response.)

Because he didn't show up. And you work ... is it 5:45 A.M. to ... ?

It's 5:45 P.M. to 6:00 A.M.

Okay, to 6:00 A.M. So you've worked for Lake Wales for about how long?

SO: Uh, five and a half years.

KW: Are you a ... you're a training officer, is that correct?

SO: Yes ma'am.

KW: Alright; and if someone is 10-40 or if they go ... they're going to be out of their vehicle someplace how do you train people in that area, what's the protocol for that?

so: Either put themselves out on the computer or do it on the radio.

KW: Okay. And he didn't put himself out on the computer when he ... that day?

There was no place you couId find him?

SO:

No ma'am.

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KW: There's no reason that he wouldn't be aware that he should be checking out on the radio or putting himself at his residence or wherever he is on the computer?

so: Uh ...

KW: I mean he should know that, right?

so: Yes ma'am.

KW: Is it common practice for a supervisor to go to their residence and remain there?

so: No ma'am. Usually they ... I mean if they go eat there or whatever they're only there for a short amount of time and then they're back on the road.

KW: But if they go to eat there they should be 10-40?

SG: Yes ma'am. But they're still ... they still are always able to be gotten a hold of.

KW: Okay. And what's the ... and if! go into a restaurant or if! go into my house what's the protocol of! go in there? Do J need to be taking a phone or radio or what?

SG: I always take everything; my phone, my radio, everything is with me at all times when I'm working.

KW: Okay. Are you supposed to be monitoring the radio even if you're not in your vehicle at all times if you're on duty?

SG: Yes ma'am, because you're still subject to call.

KW: Okay. That's all I have. Oh, were there any other vehicles in the driveway?

SG: Yes. But I don't remember ... they were personal vehicles. I don't remember exactly.

KW: Okay. But you didn't ... he wasn't in ... there was nobody in his vehicle that you saw?

SG:

No.

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KW: Could you clearly see in there?

SG: Yes. His house is right on the comer. As I drove by I didn't see anybody in the car.

KW: Okay. And his patrol car, was it parked in the driveway or on the street?

SG: It was on the driveway. It was in the driveway.

KW: Okay. And there was nobody in there that you could see?

so: No ma'am.

KW: Okay.

SW: And just for the record we are, the sheriffs office is dispatching for Lake Wales correct?

so:
.~ SW:
SG:
SW: Yes sir.

Okay. Uh .. .let me ask you about your GPS real quick.

Okay.

Are ... have you gotten a memorandum or email or any type of notification from Captain Schultz saying that your GPS can remain on?

SG: I'm pretty sure there was an email. I can't say a hundred percent on that.

SW: Okay. Just stating it is to remain on while you're on duty?


SW: Okay. And just real quickly, before we went on tape you gave me a list of people that were involved in the ... that were working that evening. Uh, you said Figueroa, that was his call; aggravated battery call.

SG: No it was actually Officer Hernandez' call.

SW: Hernandez.

SG: Officer Figueroa was the one that Sergeant Hayes told to go to Winter Haven.

-

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SW:
SO:
SW:
SO:
SW:
SO:
SW:
KW:
SW:
SO:
.-~ SW:
SO:
SW: Okay. So Figueroa went to Winter Haven?

Yes.

Figueroa needed a canine?

Yes.

So that would be Brown?

That was Officer Brown, yes sir.

Okay. (Directed to Inspector Watson.) You have anything else?

No.

Is there anything you'd like to change, add or correct in your statement?

No sir.

Anything I haven't asked you that you think is important in this case?

No sir.

Is there anything important in this investigation that you purposely left out of your statement?

SO: No sir.

KW: Can I ask one question?

SW: Sure.

KW: You said ... did Hayes ever offer you an explanation of any type on what happened?

SO: No ma'am.

KW: Do you know of anybody that has any knowledge that he came and said this, he said he was sleeping, he said he wasn't at the house, he said he was somewhere else; anybody?

SO:

No I haven't heard anything.

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KW:

Okay. Sorry.

SW:

Have there been any unrecorded questions or responses during this interview?

SG:

No sir.

SW:

Is the statement you have given true and correct to the best of your knowledge?

SG:

Yes sir.

SW:

I have no further questions. I will conclude this interview on the same date at approximately 1620 hours.

Imjv


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617/10 Approximately 1820 Hours

PERSON INTERVIEWED: TK:

Lake Wales Officer Andrew Brown, #L330 (Witness)

AIS INSPECTOR: SW:

: KW:


TRANSCRIBED BY:


SW: My name is Inspector Whitmer of the Polk County Sheriffs Office and I am conducting a sworn, recorded administrative interview. This administrative interview is being conducted at the Lake Wales Police Department on June 7, 2010 at approximately 1820 hours, regarding administrative investigation 10-21. Present during this interview is myself, Inspector Watson and Officer Brown. Officer Brown please state your full name for the record.

AB: Andrew Clark Brown.

SW: And what is your current rank or your position and your agency 10 number?

AB: My rank is Patrolman II; I'm a K-9 handler. And it's uh ... my 10 number is L330.

SW: Okay. And where are you currently assigned? Is there a sector or district or anything?

AB: To the patrol unit.

SW: Okay. Before we proceed I am advising you that you are a witness in an administrative investigation being conducted by the Polk County Sheriffs Office. You will be asked questions directly related to this investigation and you're expected to answer each question completely and truthfully. Did you fully understand the agency forms that you read and signed which included the perjury form and the confidentiality form?

AB: Yes I did.

SW:

Okay please raise your right hand. Do you swear or affirm the statement you are about to give will be the truth, the whole truth and nothing but the truth so help you God?

""_

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AB:

I swear.

AIIO-2S ~8JGJNAl

SW: Okay. Officer Brown were you working in the early morning hours of May 1,2010?

AB: Yes sir.

SW: And during that shift did you have the opportunity to witness or observe people on shift, or even yourself, trying to contact Sergeant Hayes; either by radio or telephonically and not be able to reach him?

AB: Yes I did.

SW: Okay just in your own words tell me what happened that evening.

AB: Okay first we started off at the uh ... at the actual incident where it happened on Chalet Suzanne and they were investigating an aggravated battery.

SW:

They who?

AB: It would have been Officer Figueroa's case I believe.

SW: Okay.

AB: Or Hernandez; I'm not sure which one was primary. Uh, I was present for a little bit of that and they were able to get a hold of Sergeant Hayes on the telephone for permission for one of the officers to go try to pick up the suspect in Winter Haven.

SW: Do you know about what time that was?

AB: That was ... no I'm sorry I don't.

SW: Okay. Was it before midnight, after. .. ?

AB: I believe it would've probably been around eleven-ish or so, but I'm not sure.

SW: Okay.

AB:

Uh then Figueroa went over with Deputy Owusu and a central deputy to

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uh the address in Winter Haven. A little bit later after they arrived on scene I got a cell phone call from Figueroa asking me to go to the house because the suspect came to the door and fled back into the residence. Uh, I then attempted to contact Sergeant Hayes on the phone a couple times.

SW: Okay why would they need you to come to the house?

AB: For it being a high priority call. K-9 is usually used; especially with someone barricaded in the house.

SW: Okay.

AB: Uh, after not being able to contact Sergeant Hayes I uh ... on my cell phone, I called over the radio for dispatch to attempt to get in contact with him. After several failed attempts there I went to the next senior officer on the shift and advised her that I was going to be going to Winter Haven for the call on uh .. .1 can't remember, Latimere Drive or wherever it was.

SW: Okay let me stop your real quick. You say you tried to contact Hayes, Sergeant Hayes?

AB: Yes sir.

SW: Uh and the reason you had to get a hold of him before you went to this call was why?

AB: Because it's outside of my jurisdiction.

SW: Okay. So you needed a supervisor approval to take the dog and go to the residence?

AB:
SW:
AB:
SW:
AB:
SW:
'._ Yes sir.

Okay and you tried to contact Sergeant Hayes telephonically and by radio?

Yes sir.

Uh, do you remember how many times you tried to can him?

Uh, it was a bunch of times that night. I'm not sure exactly.

Okay. And you called from your cell?

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'._
AB: My personal cell phone.
SW: Okay and what is your cell number?
AB: 863-978-7638.
SW: Okay so you called him from that number?
AB: Yes sir.
SW: Uh, was it around midnight or so?
AB: Uh, it probably would have been around midnight.
SW: Maybe a few times at that point?
AB: Yes sir.
SW: Okay. Then you called him on the radio also?
'- AB: Yes sir.
SW: Now did you call dispatch and ask dispatch to 10-80 with him, or ... ?
AB: Right.
SW: So dispatch couldn't raise him at that point either?
AB: Exactly. And either they had .. .I had them either call. . .I can't remember if
I had him ... I think I was trying to get him to call my cell phone and tell
them to take a 10-80 with him maybe. I don't know.
SW: Okay so dispatch couldn't ...
AB: Couldn't get a hold of him.
SW: ... couldn't get a hold of him either. Okay so you tried him on the
telephone, tried on the radio and couldn't get a hold of him. So then you
went to Officer Goreck?
AB: Yes.
~ SW: So she's the next senior officer? Page 4 ofl4

POLK COUNTY SHERIFF'S OFFICE S Administrative Investigations Section

_C_R_1_O-_O_64 A_I_1_O- __ 21

AB: Yes sir.

SW: And she gave you permission to take the dog and go to the residence?

AB: Yes sir.

SW: Okay. Continue on from that point.

AB: Uh, I went all the way out to the residence; it took a while to get there.

When I got on scene you know they briefed me exactly what happened; the guy come to the door and everything like that. And uh we were spaced out from around the house. Then uh I don't remember if! first tried to get him back on the radio or if I did it by telephone, but I know there was other officers that were trying to get a hold of him at the same time. Uh and after many more failed attempts one of the officers came over the radio and said that they saw his car at his house.

SW: Okay, hold on one second. So after you arrived at the residence you tried to call him again?

AB: Right.

SW: Uh, just cell phone or cell phone and radio?

AB: I believe it was through uh cell phone but I'm sure dispatch was still trying to get a hold of him.

SW: Okay. And figure time wise, it's after midnight, how long did it take you to get there?

AB: It probably took fifteen minutes to get there.

SW: Okay. So not long after twelve then ...

AB: Right.

SW: ... you were trying again? Okay you said you tried to get a hold of him and they seen him at the house. Him who?

AB: Uh, Sergeant Hayes.

SW: Okay.

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AB: They saw his vehicle outside the house at least.

SW: Okay and how do you know this?

AB: His unit number on the car and uh we know where he lives.

SW; Well I mean you're on scene?

AB: Oh, how do I know? It was called over the radio by Officer Goreck.

SW; Okay. And what was said?

AB: Uh that his vehicle's at his 10-42; which is his residence.

SW: Okay. So while you were trying to reach him over the radio and over the telephone uh ...

AB: Another officer went by to see ifhe was at home.

SW: Okay. So she went by, saw he was there and then called it over the radio?

AB: Right.

SW: Was she calling you or was she just notifying dispatch?

AB: I believe she was notifying dispatch. I think dispatch was still trying to get a hold of him still at that time.

SW: Okay. And so we're looking at somewhere around 12:30 maybe?

AB: At least. We were also trying to get uh ... going through sheriffs office supervisors to try and get somebody to make a decision where we could go m.

SW; Uh huh (positive response.)

AB: But I know that the southeast supervisor and the central lieutenant weren't going for that.

SW: Right. Uh ... who did you call ... who, you say you called the central lieutenant?

.'-

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AB: Uh ...

SW: Do you know who ... ?

AB: There was a central deputy out there. Uh ... 1 think it's Roberts? Or ... used to be the southeast lieutenant.

SW: So somebody from here was trying to get somebody to make a decision ...

AB: Right. We were trying to get some kind of a supervisor.

SW: ... to go in? Okay. At what point did ... well just tell me what happened after that.

AB: Uh we stood around the house .. .it, I mean it was a lengthy period while we were still standing around the house trying to find, you know somebody to give us information to enter or get a hold of my supervisor whatsoever. Uh, basically we uh ... the deputies they weren't even allowed to assist us because they ... it was kind of a messed up thing after that anyway.

SW: Right.

AB: But uh eventually there was a uh ... one of the people that live at that house came home and gave us permission to go in the house. At that time someone ... he finally called or answered the radio. And I can't remember whose cell phone; 1 think he may have called my phone or ...

SW: He who?

AB: Sergeant Hayes. Either my cell phone or Figueroa's cell phone; and we just ran through it with him and he gave us permission to go in with the person at the house.

SW: So at the time the homeowner came home, or whoever lived there ...

AB: Yeah.

SW: .. .is that about the same time Hayes called?

AB: Right. Yes, it was right around the same time.

SW: Okay. Did you already have permission from the homeowner before you

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talked to Sergeant Hayes?

AB: Right.

SW: Okay. Uh who actually spoke to him when he called?

AB: Uh .. .1 think me and Figueroa may have both spoke to him. I can't remember. I think he called .. .if I get this right, I think he called on my cell phone and Figueroa talked to him on my cell phone.

SW: Okay.

AB: If I remember right.

SW: What was said, do you know? Well when you spoke to him what did you say?

AB:

I don't remember ifI even spoke to him. I remember I may have called him from my cell phone or had Figueroa call from my cell phone. I can't really remember. I remember hearing Figueroa going over everything with him. Just the whole incident and what they had.

SW: Okay.

AB: And then Figueroa came to me and told me Sergeant Hayes gives permission to go in the home (inaudible.)

SW: So from the time you started trying to contact Sergeant Hayes until you actually, he actually called what kind oftime frame you think that was?

AB:
SW:
AB:
SW:
AB:
SW:
, AB:
~ From the first time we tried to contact him?


Had to be at least an hour.

An hour?

At least.

Okay so how did this all wind up?

At the end we were able to go in and we got the suspect out; without using

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any force or anything like that. And then I don't think we even really spoke ... well this is at the end of the night. It had to be getting close to the end of shift by that time. Maybe it was a little bit later in the morning. I can't remember. But yeah after that whole incident I don't remember anybody ever really talking about it or .. .1 know I didn't speak to Hayes about it. I don't even know if I saw him the rest of the night.

SW: So during that shift nobody really said anything about it afterwards?

AB: I mean yeah, I got several calls from people saying you know what's wrong with your supervisor and deputies and everyone else. And uh ... yeah our shift I mean we you know (inaudible) we were pretty angry. You know but I don't remember where I went after that. I felt like it was getting later in the morning, but ...

SW:
AB:
SW:
'_0
AB:
SW:
AB:
SW:
AB:
SW:
AB:
SW: So you could be off on your" .as far as when it actually started to occur?

I could be way off. I have no idea.

But the time frame wise from the time he ...

Yeah.

... you first started trying to contact him until he answered.

That one I'm sure.

Would that be accurate?

Yes sir.

About an hour?

Yes sir, at least.

Okay. Okay so that's all said and done, you're off shift; was anything else mentioned about this incident with Hayes?

AB: The next shift in briefing, he brought it up. Basically uh he explained to us that you know there's a lot ... you know he screwed up and he likes to go home and take showers, try to wake up, you know he likes to see his family at the house. Basically he said that you know ... he used a lot of indirect language and he was stating that you know that somebody is

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trying to spilt the shift up and don't let them split the shift up over this incident. And that we should not go to him to make all the decisions, we should be uh you know ... make our own decisions. You know be able to make our own decisions on scenes without having to put everything on him. And that was pretty much the end of that at the briefing.

SW: What did you get out of that?

AB: Basically that uh ... stop trying to put you know everything on him to where ifsomebody's going to get in trouble it probably ... you know it's always him because he has to make the decisions.

SW: Okay. Now the decision for you to take your K-9 and go to that residence, is that a decision you can make?

AB: No sir.

SW: Does it have to come from a supervisor?

AB: It needs to come from a supervisor.

SW: Okay. Uh, let me look over these questions here real quick.

AB: Sure.

SW: Inspector Watson do you have any questions?

KW: How long have you, while he's looking over his notes, how long have you worked for Sergeant Hayes roughly?

AS: I feellike it had to be around six months. I'm not sure; I've had a lot of supervisors.

KW: Okay. Is it unusual for Sergeant Hayes to miss briefing prior to the beginning of a shift or is it a regular thing?

AB: Uh ... he comes in late quite a bit. But I think it's approved.

KW: Okay. Uh ... usually when someone is not able to be reached on the radio everybody's panic stricken, you know?

AB: Right.

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KW: Louder tones are coming out.

AB: Right.

KW: How come in this case nobody went crazy and started banging on the door trying to find out is he okay?

AB: Because this is a normality.

KW: Which ...

AB: It's normal not to be able to reach him on the radio.

KW: Okay it's a common thing for you guys to try, for dispatch to try and reach him or for you to try and reach him on the radio and he doesn't respond?

AB: Right.

KW: Is it normal for him to be found at his residence?

AB:

Yes ma'am.

KW: Okay. And when he's at his residence is he ... do you know if he's checked out 10-40 or is he checked out 10-6, 10-7, 10-8 ... ?

AB: He never checks out. I can't remember him ever doing it.

KW: And what's your usual agency protocol on that?

AB: Uh ... it's kind of ... most people you know they'll take their break there.

Me on the other hand, when I take it I go home and I eat I stay 10-8 because I'm you know the only K-9 in the city. But it would only .. .it would be for a lunch break, it wouldn't be a long extended period of time just staying at the house taking a shower or anything like that.

KW: Okay. Have you observed Hayes' vehicle at his house when he was supposed to be working?

AB: Yes.

KW: And can you tell me about how many times you've seen his vehicle there?

Five, fifteen, a hundred ... ?

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AB: Uh, counting this; I can't ... It wasn't that ...

KW: Counting this time.

AB: Yes ma'am.

KW: Okay. That's all I have.

SW: Okay. And you're paid for your 10-40 correct?

AB: Yes sir.

SW: So if you go home your subject to call?

AB: Right.

SW: Do you have to monitor the radio while you're 10-40?

AB: Yes sir; absolutely.

SW: And if you get a call are you expected to put your plate down and answer the call?

AB: Yes sir.

SW: There was mention that they were trying to track Sergeant Hayes on his GPS for the laptop. Do you know anything about that?

AB: Uh, I know for a long time he never even used his laptop. I'm not even sure. I think he at least had figured out how to work the CAD by then. But I don't know. I don't recall ever seeing GPS being hooked up to his computer.

SW: Okay.

AB: I've never been able to find him on it.

SW: Okay. And are you aware of an email that was put out by Captain Schultz stating that you will have your laptop computer on?

AB: Yes.

SW:

And GPS activated?

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-'
AB:
SW:
AB:
SW:
AB:
SW:
AB:
SW:
AB:
SW: Yes sir,

Is there a way to leave your laptop on and disengage the GPS?

Yes,

How would you do that?

Just unplug,

Is it like a uh.i.

It's a USB.

USB port?

Yes sir.

And you just unplug the little ... like an antenna I guess that sits on the dash?

AB: Right.

SW: Okay. And would that effect your computer running at all?

AB: It would log you off of Tiburon. But you can immediately go back into it.

SW: Okay. So you can log on to Tiburon without having the GPS hooked up?

AB: Correct.

SW: Okay. So ifit was on to begin with and you unplugged it, it would log you off of Tiburon?

AB: It wouldn't log you off; it'djust exit out of the program itself. You'd still be logged on. If that makes sense? You, you're still showing on the CAD being at work but your program .. .it exits out of it on the computer.

SW: Okay. So it's not going to show a log off?

AB: Right.

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SW: Okay. Is there anything that I haven't asked you that you think is important?

AB: No sir.

SW: Along these lines that we can ...

AB: No sir.

S W: Anything that you'd like to change, add or correct in your statement?

AB: No sir.

SW: Is there anything that's important to this investigation that you purposely left out?

AB: No sir.

SW: Have there been any unrecorded questions or responses during this interview?

AB: No sir.


AB: Yes sir.

SW: I have no further questions. I will conclude this interview on the same date at approximately 1837 hours.

Imjv


'~

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PERSON INTERVIEWED: DH:

Lake Wales Officer David Hernandez, #L334 (Witness)

AIS INSPECTOR: SW:

:KW:


TRANSCRIBED BY:


SW: My name is Inspector Whitmer of the Polk County Sheriffs Office and I am conducting a sworn, recorded administrative interview. This administrative interview is being conducted at the Lake Wales Police Department on June 7, 2010 at approximately 1849 hours; regarding Administrative Investigation 10-21. Present during this interview is myself, Inspector Watson and Officer Hernandez. Officer Hernandez please state your full name for the record.

DR: David Hernandez.

'_

SW:

Okay what is your current rank or your position and your agency ID number?

DH: Patrolman I, patrol officer; my number is Lima334.

SW: Okay. Before we proceed I'm advising you that you are a witness in an administrative investigation being conducted by the Polk County Sheriffs Office. You will be asked questions directly related to this investigation and you're expected to answer each question completely and truthfully. Did you fully understand the agency forms that you read and signed which included the perjury and the confidentiality form?

DR: Yes.


DH: Yes sir.

SW: Okay Officer Hernandez, were you working on uh ... during the early morning hours of May 1 st of this year?

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DH: Yes sir.

SW: Okay. And did you have the occasion to either observe or witness people trying to ... other officers on the shift trying to contact Sergeant Hayes either via radio or cell phone with negative results?

DH: Yes.

SW: Okay in your own words just tell me what happened with that.

DH: Alright; right around I want to say one thirty or two o'clock in the morning a call comes out that a fight had just happened. Officer .. .I headed to 600 Chalet Suzanne, which is a small trailer located just east of the preserves apartment's main entrance. We all arrived there; this guy who was bloodied up comes up to me and says he just got into a fight and got hit with a pool stick.

SW: Okay when you say we all arrived; who?

DH: Uh myself, Officer Figueroa and shortly thereafter Officer Brown.

SW: Okay.

DH: Who's a K-9 officer. Uh we got there and I mean I took control of the scene. I gathered as much information as possible. I had Figueroa speak to one of the witnesses and get a taped statement. I got the information I could from the victim, called EMS and have them get on the bus and shipped him off to Lake Wales Hospital. Once we were done on the scene and I had the information of my subject or the suspect who had committed this crime, I had it in my mind that fresh pursuit was in place and we can go get this guy; because I knew he was going to a particular address in Winter Haven. So at that time before I did anything else, before I left the scene I called Sergeant Hayes on the phone and I said sarge this is what I've got. I explained to him the whole situation and I asked permission, do you mind if I go get my guy. He says no let Figueroa go to Winter Haven and get your guy, you finish your interview and go talk to your victim at the hospital. I said no problem that sounds great.

SW: Let me interrupt you. About what time was that?

DH: Uh, I can't recall right now the time. It was like I said one thirty, two 0' clock in the morning.

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SW: Okay.

DH: Time frame.

SW: Alright, go ahead.

DR: Because I don't remember the exact time, but I'm just letting you know how it happened.

SW: Okay.

DH: You know uh, verbatim how it happened.

SW: So anyways uh ... so I told Figueroa, I said Figgy you're good to go. Go with the deputy and go over there and see if you can get my guy. I'm going to go to the hospital and get a taped statement. So I went to the hospital; when I arrived at the hospital they were stitching him up so I kind of stood back while the doctor was doing her thing. Uh, I went outside to get some paperwork and Officer Turner, who's the senior officer on our squad, came up and said do you know where Bernie is? I said I don't know where he is but I can give you two guesses.

SW: Okay, who's Bernie?

DH: Bernie Hayes. Sergeant Hayes.

SW: Sergeant Hayes?

DH: Yes.

SW: Okay.

DH: I said I can give you two guesses. And she goes where? I said either on D and Lincoln or at his house.

SW: What's D and Lincoln?

DH: Uh D Street and Lincoln Avenue.

SW: Is there a reason he would hang out there other than a house?

DH: It's just ... he ... he patrols the city; but since he's from the neighborhood and he knows a lot of people in Lake Wales he predominantly patrols that

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area for the drug activity and for ... to prevent fights from breaking out because that's our most problematic area in the city is that D and Lincoln area.

SW: Okay. He was either there or at the house?

DH: Exactly.

SW: Those were the choices.

DH:

Exactly. Uh ... so she tried to call him on the phone and it was going to voice mail. Dispatch came back up on the radio and Stephanie said keep trying to raise him on the radio and I'll keep trying on the phone. I left it at that. Well at that same time that Stephanie and I are having that conversation I heard Brown get on the radio trying to get him on the radio to ask permission to go to Winter Haven. Because they had located the guy at the house but we weren't ... the deputies that were 10-12 with Officer Figueroa were not going to enter the house with him. Because this is our case, they were just there for perimeter security. So they needed someone else there. So again Brown gets on the radio you know Lima31 0, Lima31 0, Lima310; and no response. So he said you know 10-22 disregard, I'm going to go 10-18; so he's lights and sirens to Winter Haven to go back up Officer Figueroa. So what happened over there is beyond me. What was told to me was that once they arrived they tried to get permission again because the guy supposedly barricaded himself in the house. He still didn't respond to the radio, so Officer Brown left the K-9 in the vehicle. Himself and Officer Figueroa entered the house and apprehended the suspect. That's what happened over there. Uh, after .. .I don't know, I want to say an hour and a half from initially trying to raise him he finally came back on the radio Lima31 0 go ahead. I'm like wow where have you been, you know? To be ... I've been .. .1 was a corrections deputy for nine years and when a supervisor needs to be on a particular call I think the supervisor needs to be there. That's my personal view. He wasn't there for the initial call when I got to 600 Chalet Suzanne Road. I took care of my scene; I took care of my situation. And before I did anything else I asked for his permission to go anywhere and the instructions I got through my phone that hey you do this and have him go do that; after that I didn't speak to him until later on at four o'clock in the morning when I saw him here at the PD.

'~ ..

SW: Okay so he, he was well aware that you were going outside of the city to this residence?

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',,_

DH: Because I had notified him about that.

SW: And he gave you permission to do that?

DH: Yes.

SW: So he already knew you were heading that way?

DH: Yes.

SW: From that point until the next time you actually spoke to him on the phone ... ?

DH: I, I ... after I left the ER and I got my taped statement from the victim and I gave them everything I needed to give them and everything was said and done and he was all stitched up I came back to the station to start on my report because it was a felony arrest. And at the same time Figueroa got back from Winter Haven with my suspect, who was just going off at the jaw back at the jail portion. I did what I had to do and then I stopped and then I went back to go talk to him and get his side of the story and get his taped statement.

SW: Okay. So as far as you know from the time that you got permission to go over there the next contact with Hayes was when he carne over the radio and said go ahead?

DH: Exactly.

SW: When they were trying to raise him.

DH: Which was approximately about an hour and a half after the fact.

SW: Yeah. So you didn't talk to him after that, you saw him back at the station afterwards?

DH: Yes; towards the end of the evening, because we have to come back to do the (inaudible) for the following shift.

SW: Okay. Was anything said then?

DH: No sir.

SW:

Did he even acknowledge that he was ... anybody was trying to get a hold

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"

--

of him?

DH: No. The ... I want to say either the following. ,.I think we were off for a couple of days or I want to say the following day, I can't recall that well; we were in briefing and you know he had mentioned just to let everybody know I keep hearing rumors that I was at my house sleeping or whatever have you. And he said during the briefing that he would normally go back to the house after briefing, because he's also a coach off duty for a football team or whatever have you or for a basketball team, and he would go home and get dressed all sweaty haven't taken a shower and come here, do the briefing then go back home and take a quick shower. Or he says he's also in charge of the PAL, or the Police Athletic League, and all the information he has to work on for the PAL is on his computer at home and he can't work on it here at the station. That's what he told us at that briefing; that he wasn't doing that he was working on his stuff. I took it with a grain of salt and I pressed on. I didn't think anything else about it.

SW: Okay. And that evening he ... did he come in late for that shift?

DH: I can't recall to be honest with you.

SW: Can't recall; okay. Uh .. .is it uncommon to find him at his house?

DH: My personal experience, no. Uh I can be on duty you know on a call right there at Carillon Apartments which is down the road from his house and I see his car parked at the house. And it's something .. .1 mean I live on Wildebandjust to say goodnight to my wife or anything else for a few minutes, have a cigarette, say goodnight to the kids or whatever have you and then continue on my way. So it's not uncommon for an officer to do that. Now the length oftime that you stay at the house that's a whole other ball game. I know I'm going to sit down and have dinner with my wife or sit down ... either 10-10, because I'll still be able to go on calls because I can get up and leave the food and come back later or 1'1110-40 and do call out for lunch. Which normally doesn't happen because we're so short staffed as it is anyways that we just stay on duty.

SW: Yeah. You just take a working lunch.

DR: Exactly; we just take a working lunch.

SW: Ifa call comes up you go.

DH:

Exactly.

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SW: Uh now is his length oftime at his house, does it seem excessive to you?

Just your opinion.

DH: My opinion, I couldn't. . .1 don't know. I don't know the length oftime because like I said I could see his car parked there. I'm not going to sit there and watch him. You know he is who he is and he does what he does. I know that when I go home I'm .. .1 know I'm only five, ten minutes and a call comes out that's 10-8 hey I got to go. Goodnight and I'm out. Because my wife knows I'm on duty. Uh what he does, the length of time that he stays there I don't know to be honest with you.

SW: Okay.
DR: It's been numerous times that I drive by his house and see his car there.
SW: Is this the only time that you've ever tried to contact him and not been able
to get a hold of him? Is it a common thing to try to call him on the radio or
telephone and he just doesn't answer?
'- DR: Uh .. .1 don't know if he has radio troubles with his in car radio or his hand
held. A lot oftimes he'll key up on his in car radio and you get feedback
from the hand held. And he's constantly doing that. I'm like this guy is a
senior officer, he should know that you'll get feedback or whatever have
you. But that's just you know, whatever. Normally if! can't get a hold of
him on the radio because he doesn't have reception or he can't get out
because of the feedback I'll just call him on the cell phone and he
responds.
SW: Okay. So this is really the only major incident where you had a hard time
getting a hold of him?
DH: This ... and this, this particular incident was the one that kind of bothered
me; because had anything gone wrong, had I been a junior officer and not
know what I was doing and my supervisor's not there for me to go hey
what do I do or can you give me a hand with this. To me this situation was
kind of you know the wrong time for him not to answer his radio.
SW: Okay.
DH: For whatever reason that was.
'-"' SW: And did he mention that he wants ya'll to be more proactive in handling Page 7 of 12


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the calls yourself and not going to him for decisions?

DH: Yes, yes; most definitely. He, he ... he's very forward in saying hey you went through FTO, you're an officer now, you need to learn how to figure out your situations. Again that's very an good and dandy for when you tell that to someone that has experience on the job. If you take an officer that got out of high school, went through the academy and came on the job and has no idea how to do anything you can't do that to them. That's not fair to that officer you know?

SW: Now that evening were there decisions that needed to be made by a supervisor that couldn't be made by a patrolman?

DH: The decision of when Brown had to go to the house after that guy, the decision of deploying the dog to get the dog to take him to the house should've been a supervisor's decision; not Officer Brown's. And in my view Officer Brown not being able to get a hold of him for that particular situation was wrong.

SW: Inspector Watson do you have any questions?

KW: You said that he should've been on the scene or whatever; which scene were you talking about, the one in Winter Haven or the one that you initially responded to?

DH: He should ... on a call like that where a possible felony could have occurred he should've at least drove by and said hey are you guys okay, do you guys need any help? That's been my experience with any other sergeant that I've worked with in this department.

KW: Okay.

DH: When it's a situation ... when it's a high tense situation where something happened the supervisors showed their head and go hey do you need any help, or do you got this, or something. Something's better than nothing; and that night I got nothing.

KW: Is it unusual for him to just not drive by and say hey you guys need my help?

DH: Particular ... this is an incident that happened not. .. 1 want to say maybe a month prior.

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KW: Uh huh (positive response.)

DH: Where we had a possible robbery at the Wachovia Bank, which is two blocks from the station. And we had ... we were trying to review the video; numerous officers came on the scene. And you know Brown came out and he deployed his dog. I went along with him and we tried to do a track from the bank and everything else; trying to interview witnesses, people in the area. Everybody's in the area but Sergeant Hayes. He happens to drive by and just look at us and just keep driving. It's like what was that for? You know that does us no good, you know? Because even Brown looked at me and he goes where's Sergeant Hayes. I'm like I don't know have you seen him, because he's not here. Supposedly a 24 just happened and he didn't show up. That's like okay, what's the problem?

KW: Okay. That's all I have,

SW: Was his location ever determined during the incident?

DH: No. Not to my knowledge at least, it wasn't determined; no.

SW: And going to the laptops about the GPS; was anybody trying to track him, his location by the laptop that night through GPS?

DH: These uh..; these laptops that we have are fairly brand new. We just got these laptops issued to us maybe three months ago, still working the bugs out of them. Some officers connect their GPS, some officers don't. Some officers don't know how to start it, some didn't have inverters. So we're still coming to base with all that. Sergeant Hayes' knowledge of the computer system is very limited. Because I've even tried to help him out on several occasions; this is how you log on, this is how you do this, this is how you do that. And as to my recollection of that night I don't even know if his computer was on. If it was maybe his GPS wasn't connected; I don't know.

SW: Okay. Is it fair to say that the GPS is probably not real accurate right now, as far as depicting where officers are located at? Just because some are working, some is plugged in and some is not?

DH: Uh ...

SW:

I mean if you pulled up the laptop and you looked at everybody's locations on there, do you think that would be an accurate depiction of where everybody's actually at?

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DH: For the most part, yes. It shows the last position where the GPS picked up that officer at. Because I've always ... like in the middle of the night in doing my shift I'll meet a deputy that's over at you know Bartow on 60 and hey where you at; and I' ll look him up and sure enough it shows him in the area of Bartow and they're on the way back to Lake Wales. So I can say yes it does give a pretty accurate description of where you're at.

SW: Okay. If everybody's plugged in to them?

DH: If everybody's plugged in to them, yes sir.

SW: Okay.

DH: Excuse me, the ones that are plugged in to it.

SW: Okay. So ... but right now there are some that's not utilizing it just because the system's new and, . , ?

DH: Exactly; and we're working the bugs out and everything else.

S W: That's what I'm getting at.

DH: Yes.

SW: Uh ... do you know who, if anybody, was even trying to access him on that night?

DH: Uh ... like I said once they couldn't find him Stephanie kind of stepped in and took charge, tried to take charge ofthe situation. And dispatch was calling her on the radio numerous times; hey can you advise where Lima310 is, we can't reach him? And she's like I'm trying to call him on the cell phone and he's not here; and try to keep raising him on the radio and I'll try the cell phone.

SW: Okay. So is it possible Goreck was looking for him on the GPS?

DH: I don't know.

SW: Okay.

DH: I don't know.

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SW: And the reason I asked there was a statement that was made that they were trying to find him on the GPS.

DH: Okay.

SW: So I'm trying to figure out who was actually looking for him on the GPS?

DH: I wasn't.

SW: Okay. Uh ... anything else? (Directed to Inspector Watson.)

KW: No.

SW: Is there anything you'd like to change, add or correct in your statement?

DH: No sir.

SW: Is there anything that's important to this investigation that you purposely left out?

',-,

DH:

No.

SW: Have you ... have there been any unrecorded questions or responses during this interview?

DH: Excuse me?


DH: No sir.

SW: Have we been on ... ?

DH: No sir. Uh, it's been on the entire time; yes sir.

SW: Okay. Is the statement you have given true and correct to the best of your knowledge?

DH: Yes.

SW:

I have no further questions. I will conclude this interview on the same date, at approximately 1906 hours.

',-,

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Imjv


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DATE/TIME OF RECORDING:


PERSON INTERVIEWED: BH:

Lake Wales PD Sergeant Bernie Hayes (Subject)

Karen Meeks

ATTORNEY:KM:

AI INSPECTOR: SW: : GF:

Shawn Whitmer, #5036 Sergeant Glenn Ferrell, #3195

TRANSCRIBED BY:


SW: My name is Inspector Whitmer of the Polk County Sheriffs Office and I am conducting a sworn, recorded administrative interview. This administrative interview is being conducted at the Sheriffs Office Command Center on June 24,2010 at approximately 1440 hours; regarding Administrative Investigation 10-21. Present during this interview is myself, Sergeant Ferrell, Sergeant Hayes from the Lake Wales Police Department and Attorney Karen Meeks. Sergeant Hayes please state your full name for the record.

BH: Bernie Howard Hayes.

SW:

And what is your current assignment and your agency ID number?

BH: I'm a patrol sergeant; 10 number is L31 o. But my department number is 2001.

SW: Okay. The 310, is that what you go by on the radio?

BH: Yes.

SW: Okay. Before we proceed I am advising you that you're presently the subject of an administrative investigation being conducted by the Polk County Sheriff's Office, and I am under the command of the Chief of Staff. This investigation is of an administrative nature only and you cannot refuse to answer any questions related to the performance of your official duties. And you are expected to answer each question completely and truthfully. You have the right to counselor other representation for this investigation. You've been provided the opportunity to review a copy of the complaint and all witness statements, including all other existing subject members' statements and all other existing evidence completed as of this date. This is where I'm going to refer to the blue binder; I'm just going to ask you if you had the opportunity to read each of these sections okay?

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BH:

I did.

SW:

Alright; we're going to go tab by tab. You had the opportunity to read the complaint form and the attached memorandums?

BH:

Correct.

SW:

Your D.A.V.I.D. information?

BH:

Right.

SW:

A Lake Wales Police Department Employee Time off Request Form?

BH:

Right.

SW:

A sheriffs office detailed history for sheriff call number S 101210187?

BH:

Whatever that is.

SW:

(Laughing.) Uh, cell phone records for cell phone number 557-2047?

BH:

Correct.

SW:

Detailed ... sheriffs office detailed call history for sheriffs call number S101202044?

BH:

I saw it.

SW:

Okay. A Lake Wales Police Department Document outlining a police sergeant's job description?

BH:

Correct.

SW:

Uh, various Lake Wales standard operating procedures?

BH:

Correct.

SW:

An email from Captain Schultz to uh ... from Schultz to a number of members of the Lake Wales Police Department; one being you, correct?

BH:

Yes.

SW:

A transcribed radio transmission from May 1, 2010?

\. __

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BH: Yes.

SW: These are some past discipline records from your Lake Wales Police Department file?

SW: A Ledger article, uh talking about another case besides this one; but also references this case somewhat too?

BH: Uh, I didn't read it; but yes, I saw it.

SW: And this is your notice of your internal investigation from the Lake Wales Police Department?

BH:
SW:
BH:
',-, SW:
BH:
SW:
BH:
SW:
BH:
SW:
BH:
SW: Right.

An interview I conducted with Figueroa?

Right.

A transcribed interview I conducted with Goreck?

Right.

An interview I conducted with Officer Brown?

Right.

And an interview I conducted with Hernandez?

Right.

And all those are officers at the Lake Wales Police Department, correct?

Yes.

Okay. Okay the name of the complainant in this investigation is the Lake Wales Police Department. The allegations made against you are violating standard operating procedures 2-10 and 13-2. Also, City of Lake Wales personnel administration policies Group one and Group two. Okay, do you understand these allegations?

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BH:

Uh, I do. I don't understand why the Group Two offense.

SW: Okay. Uh, but you understand that's what they're alleging though?

BH: Yes.

SW: Okay. Are you rested enough for this interview?

BH: No audible response.

SW: Are you rested enough for this interview?

BH: Yes sir; yes.

SW: Alright. Is there any reason you cannot proceed with this interview at this time?

BH: There's no reason.

SW: Okay. Indicate during the interview if you need a break for personal necessities; just let me know, okay?

BH:

Will do.

SW: Did you fully understand the agency forms that you read and signed, which included the garrity warning, the perjury form and the advisement of confidentiality form?

BH: Yes.

SW: Okay raise your right hand please. Do you swear or affirm the statement you are about to give will be the truth, the whole truth and nothing but the truth so help you God?

BH: I do.

SW: Okay. Okay Sergeant Hayes, according to exhibit one here ... and this references Lake Wales Police Department Employee Time off Request Form for May 1st. Is that saying that you were taking six hours off that day?

BH: Correct.

SW: Okay. And was that the beginning or the end of your shift; those six

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hours?

BH:
SW:
BH:
SW:
BH:
SW:
BH:
SW:
BH:
SW:
,,--. BH:
SW: Beginning of the shift.

Okay. So what time did you actually report for duty that day?

I think I reported around ten thirty, ten forty five.

Okay; P.M.?

P.M.

Okay; you work a night shift, correct?

Correct.

Okay did you give the briefing for that shift that day?

No I did not.

Okay. Just in your own words, tell me what happened during that shift.

During the shift or during the incident?

We're referring to the incident. You came in at ten forty five; what happened after that basically?

BH: Basically I just went out, out and about as I normally do. I was just trying to make sure everything was okay. There was no ...

SW: You went out on patrol?

BH: On patroL

SW: Okay. I have a detailed record of your activity on the radio that evening.

Could you just kind of glance at that and tell me if that's about accurate; if it is accurate, I mean?

BH: Let's see ... radio; yes. I was out...

SW: You took, fielded a few calls?

BH: Yes. But I'm not on the radio most of my shift. My calls are not always on the radio .

. ._..

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SW: Okay. So you might actually check into something but just not check out on the radio?

BH: Correct.

SW: Okay. Okay, so you're going about your business here handling some calls. Uh, we get up to the point where everybody ... let's go to the point where ... who actually called you about permission to leave the city and go to Winter Haven? Was that Hernandez?

BH:
SW:
BH:
SW:
BH:
SW:
'-..-'
BH:
SW:
BH: That was Hernandez.

Okay. Start from that point there.

Uh, we would have to start before that point.

Okay, go ahead.

Uh, I think the original call was in The Preserves.


Uh ... which is up on Thompson, or Chalet Suzanne Road.


Obviously at Thompson Nursery. So we were in The Preserves looking for this call, a 22 and all; and we actually assisted over in The Preserves at first. And then eventually Officer Hernandez went over to this call; which was just directly east of the ... or adjacent to The Preserves in a little mobile home.

SW: Okay.

BH: Itwas basically out in the cow pasture. Uh ...

SW: Now that's still Lake Wales?

BH: Yes.

SW: Okay.

BH: It's newly (inaudible) in Lake Wales, it used to be the sheriffs office.

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SW: Okay.

BH: The County. Uh, so then after leaving The Preserves Officer Brown first went over to a signal 35 over at this mobile home. And after I came out of The Preserves I was there for a while and just sat out in the hallway, which was Chalet Suzanne. Uh, they advised me everything was okay. So I just stepped back, everything was alright; they didn't need any assistance.

So but they kept me abreast of what actually occurred. And to that

far and I went out to patrol in the city for a while.

SW: Okay, so at what point did Hernandez actually caIl you for permission to go to Winter Haven?

BH:

Somewhere around the four o'clock area; just before four o'clock. Maybe around 3:55, or so. Uh, he wanted Figueroa to go to the uh ... talk to his victim while he went to arrest the suspect. And I told him that's not very good; if it's your case then you go and get your victim interview, like at the hospital. And I'll send Figueroa and Brown with the SO's permission to go and assist over there with possibly apprehending the subject. Because they advised me that the subject really ... they didn't really know where he lived at; they didn't know where he was from. Uh, but he came to that party at that mobile home with a particular subject; a subject who he uh ... will eventually be the same person who let him in to the uh residence.

SW: Let him in the house.

BH: Uh, where he was ... where he went. When he actually left to go to ... what we don't know at that particular time. in, so and that's who we designated that there; and that's what I told Officer Figueroa at that particular time. And for him to have Officer Brown to go with him.

S W: Okay. So them leaving to go to Winter Haven that all stemmed from the initial battery call at the Chalet Suzanne, correct?

BH: Correct.

SW: At the mobile home. Okay. Okay at that point did you go to your house or did you go back on patrol, what did you do?

BH: I went on patrol.

SW: You went on patrol? Okay, was there a time that you went back to your

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house?

BH:
SW:
BH:
SW:
BH:
SW:
BH:
SW:
BH:
SW:
""-' BH: Eventually.

Okay. Any idea what time that was?

It was around 4:15 or so.

About 4:15?

Yeah.

We're still talking A.M., correct?

Yes.

Okay. What transpired at your house?

Eventually I was called on the radio. I didn't answer the radio.

Okay.

Uh, I was in the restroom. So I went by there for two reasons; uh, one was

the fact that my phone was about dead and I was it was very close. It

was already red barred; no bars, no nothing. Uh and so I was just hoping

if I could go by there for a few minutes, a good fifteen minutes or so, uh that I could get that charged and while there then uh I could start some proceedings as far as getting uniforms in order for the ... that same morning for my son and them to go play in a basketball tournament.

SW: Okay.

BH: And that way that'll help keep me rejuvenated to make it past my breaking point; which is around 4:30.

SW: Okay. So ... and obviously everybody's wondering, did you go home and go to sleep?

BH: No sir.

SW: Okay. So you went home, charged your phone, get some uniforms together for your son. Uh, and I guess the problem that I see or that they're going to ask is you know they were trying to get into contact with you either on your cell phone or on the radio for almost an hour, forty five

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minutes; it kind of varies on time wise. Uh, is there a reason they couldn't get a hold of you? Let's just go with forty five minutes.

BH: Actually I, when all of this transpired and I looked at it, I looked at ... from the time uh when I picked back up my phone and I looked to see- I saw where Brian had called. It was somewhere in the area of around 4:28, okay? And then uh .. .I'rn trying to think. J missed two calls. Alright, and uh ... 1, 1 just went from there. And then as soon as that I called on the radio. Why normally I can ... normally 1 can hear the transmissions, I can hear the radio.

SW: Okay.

BH: 1 still, since I have a (inaudible) in my car 1 don't have an earpiece uh, just yet. And I just didn't hear it with what 1 was doing. 1 don't know if I was that focused on shifting stuff around or throwing the (inaudible) of uniforms in the washer to moving the different uniform bags around. I don't know.

SW: So you were doing things in the house and you just didn't hear the radio and you didn't hear the phone?

BH:

I didn't hear. The phone was plugged up; uh, which is off the computer using the USB ...

SW: Right.

BH: ... cord. Uh, so it was a little bit of a ways from me. Now it was dead anyway. So ...

SW: You say you just didn't hear it?

BH: I didn't hear it. 1 didn't hear it.

SW: Okay. Once you ... what did you hear first, the phone or the radio?

BH: Neither. 1 saw ... well now I'm ready to roll back out, because 1 felt like I was there for about twenty minutes.

SW: Uh huh (positive response.)

BH: About twenty minutes, and everything seemed calm; nothing has happened. So I looked at my phone first and I saw my phone, that I had missed a couple of calls.

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SW:

Okay. So you looked at your phone and you saw you missed a few calls. Was that about the same time you heard them on the radio calling you?

BH:

I called Brian; I was calling Officer Brown. And when I called it out they came on the radio again.

SW:

Okay. And then you answered your radio?

BH:

Yeah.

SW:

Okay. You say in your own mind you thought you were there for twenty minutes or so. Uh, do you know how long you were actually there?

BH:

Looking, according to Brown's call to around the time I answered, it was about twenty eight to thirty minutes.

SW:

Okay.

BH:

Around twenty eight minutes; because I think his call was around 4:28 and I think I answered the radio somewhere around 4:50, 4:55.

"_"

SW:

Okay.

BH: I was calling him, again, somewhere in that area.

SW: Okay so when you actually went to your house what was the status of Figueroa and them, were they pretty much 77; they were alright? You didn't have any reason to believe things were going to heat up?

BH: No.

SW: Okay. Following that incident did you make any statements in your shift briefing to the effect of you went home to take a shower to wake up or ...

BH: I said ...

SW: ... you might have went to sleep?

BH: I tell them sometimes I do that. In order not to fall asleep I may run to the house real quick and take a shower uh, to wake up and stay energized. Like I say sometimes I get to my breaking point around 4:30; and I know once I get to 4:30 that I'm good to go. But see sometimes I lift weights at night as well. I didn't on that particular night; you know I didn't have time

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to go do that (inaudible) as far as the uniforms,

SW:

Okay. So occasionally you do go home and take a shower just to wake up?

BH:

Stay refreshed.

SW:

Right.

BH:

I don't get...

SW:

Well I'm not saying you're sleeping, I'm saying to wake yourself up.

BH:

Right.

SW:

Uh ... now when you do that, on average how long do you stay there at the house?

BH:
SW;
BH:
---
SW:
BH:
SW:
BH:
SW: About fifteen to twenty minutes. About twenty minutes.

Do you usually check out on the radio when you do that?

A lot of times I don't.

Okay.

That's just a fault.

I'm sorry?

That's just a fault.

Okay. Did you make any statements following the incident to your shift that someone was trying to split your shift up and ya'l1 needed to stick together?

BH: lsaid something to that effect, so maybe it could be taken that way.

SW: Okay.

BH: Uh ...

SW: What did you mean by it?

BH: Just like stick together, look after each other no matter what happens.

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Outside always just look after ... you know, as a force. You back each other up; you take care of one another. If somebody is slacking, somebody talk to that person you know. If you see them not doing something right, say something to them then. Don't wait until admin has to jump into the picture.

SW:

Did you mean any ... did you sug ... want to suggest to them at all that they were to cover something up?

BH:

I, I. ..

SW:

By sticking together.

BH:

That's something that I say ifnot every shift, at least every other briefing; to that effect. And I've said as far as I'm concerned please do not. .. do not ten a story for me; do not he for me.

SW:

Okay. So you weren't insinuating for them to cover anything up, correct?

BH:

That's regular protocol for me; that statement. And then I back that up with what I stated, do not lie for me or anyone else.

SW:

Have you ever given your shift instructions not to bother you during your work shift because they need to make decisions on their own?

BH: Not to bother me? No.

SW: Anything like that?

BH: Uh, I don't know if it can be construed that way. I'm not.v.no, not from my meaning and not from my definition.

SW: Okay. Have you ever maybe wanted them to be a little more independent?

BH: Yes.

SW: That you felt maybe they were relying on you too much as a supervisor?

BH: Uh, any supervisor ... as I relate to them, you know, you get paid to do a job. You do not ... you should not have to rely upon their supervisor to sit there on every call, to make every judgment or instance for you. If you have a set of facts and if everything goes as such, then you need to make a determination. Now ifit's an instance where you need your supervisor, or another, then by all means.

1,,,-,,

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SW:

Okay. So you wouldn't have had a problem that evening with Hernandez or Figueroa or somebody calling you and saying hey this is what we've got can we go inside?

BH:

No.

SW:

Okay. And I was reading over your ... Lake Wales, the operating procedures. It says an officer needs supervisor approval to leave their ... to leave the city.

BH:

Pretty much. And that's so we would know where one is, we can account. And therefore if we let them go outside of the city then if anything happens ...

SW:

Yeah, you need to know.

BH:

... that's on us.

SW:

Okay.

BH:

You know, as the supervisor. Because the administrative jurisprudence to that point is you know we still ... though we want to be helpful you know a signal 50 for another agency we still have to take care ofthe city first.

SW: Okay. How often do you go to your house to get refreshed? Every shift?

BH: Once a shift.

SW: Once a shift?

BH: And sometimes I may uh, ifI forget something or ifI leave something I may go by and pick up something else.

SW: Okay.

BH: But that's only for five, ten minutes max. Or ifI may go by to talk with my son before he goes to bed. Uh, if everything is kosher.

SW: Right. So the incident we're talking about for twenty or thirty minutes, was that out ... was that unusual?

BH: Very.

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SW:

Okay. Okay and do you utilize your GPS in your vehicle; your agency vehicle?

BH:

I plugged that GPS up and it has been plugged up since I got a new inverter.

SW: Uhhuh (positive response.)

BH: Other than that Inspector Whitmer I know nothing about it. It's there, it's plugged up. And Officer Hernandez plugged it up for me when we were on a call on Booker Avenue and it has not been unplugged since.

SW:
BH:
SW:
BH:
SW:
''"-' BH:
SW: Okay. Was that prior to this incident we're talking about?

Yes.

Okay. Do you know if it's operating?

I have no clue.

Has anybody ever told you that it is or isn't operating?

I don't know, no sir.

Okay. Okay and the cell record that you provided the agency for this case; the 55 ... was it 557?

BH: Yes.

SW: Was that the number? That is your cell phone, correct?

BH: That is my cell phone.

SW: That would have been exhibit three. That is your cell phone, correct?

BH: 557-2047, yes sir.

SW: Okay. Is there any other number that the deputy or the officers or anybody else would try to get a hold of you at other than this one? Do you have two cell phones?

BH: No.

SW: Okay. Okay I have to go over uh .. .1 need a reason why you didn't come

'.._

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for your first initial appointment.

BH: Please. Please. You're asking now?

SW: Yes.

BH: I called and I advised that some things had come up. I left a message on the answering machine. I didn't have your cell phone number.

SW:
BH:
SW:
BH:
SW:
BH:
SW:
'_.
BH:
SW: Okay, what number did you call though?

Uh ...

Because I gave you our new number.

I called 519-9733 or something like that.

Okay, that's our old number. Where did you get that number from?

Talking with you.

That's the number I gave you?

That's the number you called me from.

Okay. Because that's ... no that would be this number here, the 298 number; because I was in this building. Is that what showed up on your phone?

BH:
GF:
BH:
SW:
BH:
SW:
BH:
SW:
._. No, it was 5-1-9 something.

You still have itin your call log?

I think so. That would've been Tuesday?

That was just, .. yeah, Tuesday.

(Inaudible) J was supposed to be here Tuesday right?

The 22nd was the day of the ...

So it would have been Monday.

Whatever day the 22nd is I probably talked to you the day before. No, no,

Page 15 of 24

CR 10-064 AI 10-21
-
no.
KM: Monday was the 21 ".
BH: Monday's the 21sl•
KM: And he was scheduled the 22nd•
BH: Okay.
SW: Let me look, I'll get the date.
BH: Yeah. I was supposed to be here Tuesday. Tuesday at 10:00. Here's my
call, 519-3733. Does that sound familiar?
OF: Yeah. It was that number?
BH: Yeah.
GF: Okay. Do you have on there where ... you know, and technically I can't ask
you a question unless you say it's okay. Can I ask you a question?
',- BH: Yes.
OF: Do you mind if I ask you questions?
BH: No I don't.
OF: Okay. Uh ...
SW: The 1 ih; that would be the day that I spoke to you.
OF: Yeah that was where you placed it. Do you have on there where the phone
call came in from?
SW: It would've been the 17th.
BH: On the lih?
KM: All I did was pull it up on a calendar. I didn't talk to him.
SW: Okay. That's one thing they sure are handy for, aren't they?
OF: I asked him if he minded if I asked a question.
,
-- Page 16 of 24


CR 10-064

Al 10-21

SW: Okay.

GF: While you were gone. I uh, I looked at his phone and he's got where he placed the call to 519-3733.

SW:
GF:
SW:
BH:
SW:
BH:
SW:
BH:
,-,. SW: Okay.

At 4:38.

The 1 ih would be the date I actually called.

What's your cell number? I have a 298-6200 at 9:02 A.M.

That would be it.

That's it? Okay. That's your cell?

That's this number here.

I didn't know it. I didn't know it.

Okay. I know when we were speaking to you it sounded like you were on a basketball court or some kind of gymnasium. Is ... did you misunderstand what I was saying? I mean was there ... I have to be able ... and I'm not trying to ...

BH: I didn't.,;

SW: ... pressure you. But! just need to be able to document it. If not for us, then for your command.

BH: I get a ton of phone calls. And at that particular time when I'm engaged uh, with children and I'm out there playing, coaching basketball or something I have no idea who you are by number. All I know was the number that uh, I was able to retrieve and call; because I had called once before and left a message for you. Yeah I called once before to leave a message for you.

SW: At the 519 number?

BH: Yeah.

SW: Okay, prior to that conversation that we had?

Page 17 of 24


CR 10-064

AI 10-21

'_'

BH: Right.

SW: Okay.

BH: And that was before, when ... after you first made contact. And I called this number that I had. I don't know if I had talked with Captain Schultz or what, but that was the number I had. I wrote it down. I wrote it down on a pad that was uh, on the table; on the dining room table.

SW: Okay.

BH: That evening I didn't have it with me, earlier that day where I was, but I knew I'd try to rush home and get it before five hoping that someone would be here up until five o'clock. So I was pretty sure somebody would be; you'd either have a receptionist or whatever.

SW: Okay.

BH: But J tried to give you a call then to let you know. And then I asked if you could reschedule it for Thursday; sometime Thursday or Friday.

SW: Okay.

BH: Because I don't .. .I'm not going to miss this.

SW: Okay.

BH: (Inaudible)

SW: Do you mind if Sergeant Ferrell asks any questions?

BH: No J don't.

OF: Uh, just in case they wonder; was the reason you had to cancel from the last interview .. .is it a personal thing or do you want to share what it was? I' mean if it was personal it was just personal, but ...

BH: I don't know.

KM: You can tell them.

BH: Karen wasn't available.

Page 18 of 24


CR 10-064

AI 10-21

OF:

Oh, okay. Well that's fine. That's a perfect...

BH:

And I didn't have nobody to come with.

GF:

Yeah that's fine.

BH:

That was it.

GF:

No problem. Okay uh, have you ever gone home during your shift and fallen asleep?

BH:

Not that I know of.

OF:

Not that you know of? Maybe you did and didn't know it, or ... ? I mean have you gone home and I don't know, I guess I got to have kind of a yes or no on that. Do you think .. .is it possible you have gone home and fallen asleep?

BH:

Yeah, if you say possible; yeah it's possible. Possibly is anything.

GF:

Yeah.

'-

BH:

But J don't ever remember it. So I guess the short answer of the three, or two, would be no.

GF: Yeah. Okay. Uh ... and on this particular day uh ... just to clarify, you mentioned that your phone was really low, it was on the red and at one point you said that your phone was dead.

BH: Yeah.

GF: Was it actually dead or was it just low?

BH: It was dead.

GF: So it turned completely off?

BH: Yeah.

GF: Okay. So at what point did you turn it back on?

BH: Uh ...

GF: Or did it tum back on when you charged it, or ... ?

Page 19 ofU


CR 10-064

AI 10-21

_'

BH: No, not to charge it. All I did was it had a couple of bars and I just hit the button. But it showed ... it had the screen that said where I missed calls.

OF: So when you came home, you say your phone was on red and you plugged it in?

BH: Yeah.

OF: So it never turned off actually?

BH: (Inaudible) it turned off. Because the ...

GF: Compared to ...

BH: .. .on the way home uh ... 1 was talking to somebody earlier, you know it gave that beep you know .. .it's a buzz, because I had it on vibrate; it gave a buzz and that was the fact that it was dead. And I know that occurred before I spoke with Hernandez. Matter of fact, that's who I was speaking with. He tried ...

OF:

Letting you know the battery was getting low then?

'._,

BH: That it was ...

OF: But I mean you were talking to Hernandez; it didn't turn off in the middle of your phone conversation?

BH: It didn't turn off in the middle of the conversation.

OF: Okay.

BH: Then Lv.it has done that before and I knew then it was ...

GF: Alright. Because what you had said was that it was red, which is the last stage before it turns off.

BH: Right.

OF: And you went home and plugged it in. So you went home and plugged it Ill.

BH: Right.

Page 20 of 24


CR 10-064

AI 10-21

-

GF: And then you unplugged it and saw where you missed a couple of calls?

BR: Yeah.

OF: Okay. So did ... when your, when you miss a call does your phone give you a reminder, it beeps? You know what I'm saying? Like if you miss a

call ...

BR: Yes sir.

GF: ... then every once in a while it goes beep, like you missed a call?

BR: It has black lettering that comes up and it tells you ...

GF: There's nothing audible that makes it beep every once in a while?

BR: No. It's on vibrate; it's on vibrate. So everything it does it's on vibrate.

OF: No problem. Okay so just to make sure I clarify, because you're sort of woozy on that a little bit, uh so your phone was red, it was on red and then you plugged it in ... And then when you unplugged it you saw that you had missed a call. But you never actually turned it off or it never turned off itself?

BH: Right. I plugged it in. I. .. the battery was too low to communicate. It tells you that as well.

GF: Right.

BR: I couldn't make a call. I couldn't make a call.

OF: Okay. So ...

BR: Uh,1. ..

GF: Did your phone get to where it was a low battery and it just won't let you make a call but it still stays on?

BR: Until I actually received a text when it was in that stage.

OF: What kind of phone is that, I'm just curious?

BH: Blackberry.

Page 21 of24


CR 10-064

AI 10-21

OF:

Okay. Yeah that makes sense.

BH:

(Inaudible)

GF:

Because I think it has a thing that preserves the battery when it gets to a certain thing. I'm just trying to understand that.

BH:
GF:
KM:
GF:
BH:
OF:
BH:
OF:
',-.
BH:
OF: Yeah, it's just uh ... police protection; for police protection.

Yeah.

Yeah because that's an awfully thick looking Blackberry.

Yeah, yeah. (Laughing) Right.

That's just the case; it's the (inaudible) case.

Okay, alright.

It's just protective matter that you just pull over it and it's plastic.

Yeah, that's fine. That's fine.

Then the phone goes in here.

I just kind of wanted to understand that, that ... what was going on with that on or off or low or whatever. Uh, and then the last thing was uh just to revisit a little bit what you said about the what was said during briefing. You said something about. . .1 think, and correct me if I'm wrong, but what you acknowledged that you said was something along the lines of somebody is trying to break up our shift and we got to stick together. Can you tell me exactly what you said; because there ... as best you can recall can you quote what you said to the shift?

BH: As close as I can; which is pretty much the truth. All we have is each other. We have to look out for one another. You make sure when somebody is on a call you go and you look out for that person. You go back that person up. If somebody is doing something they should not be doing, or you don't think that they should be doing, don't hold your tongue. You got to help that person out. Then ... even if it's me; no matter what. Well what you have to do ... all you have is each other out here. That's all we have; make sure you look after one another. I tell them that. And L .. but you do not, .you do not lie for me, you do not lie for anybody else.

Page 22 of24


CR 10-064

AI 10-21

'._,

OF: And this is what you articulated ...

BH: On ...

OF: ... best as you can recall, to your shift here?

BH: Yes.

GF: Okay, okay. That's it.

SW: Is there anything you'd like to change, add or correct in your statement?

Anything you want to add on your own that I haven't asked you? Anything you feel you need to correct?

BH:
SW:
BH:
',-,
SW:
BH: No.

This is ... this is the time that you have to make a comment on the case.

You're the Polk County Sheriff's Office and this internal is ... you're just ... one other suggestion as I spot over the file, this was requested by Chief Hester from our assistant chief, correct?


So you're accepting under that, for. .. your sheriff's office is doing it but you're actually doing this for. ..

OF: Vicariously by the authority of your chief.

BH: Yes.

GF: So ...

SW: Is there anything you want to add to your statement, anything you want to make a comment on to get on tape?

KM: Uh ... did you ... you said you were one of the last ones to get an inverter for your laptop; before you got it or whatever?

BH: That was partly why I was out of the habit. I haven't had an inverter for a long time. So I had to wait on the new inverters before they would get back on to uh ... (inaudible) arid that's why my knowledge of the computer is very limited; as far as Tiburon and all of that. How its different

__ '

Page 23 of 24


CR 10-064

AI 10-21

functions and whatnot, uh I still rely on other officers to help me out with that. And plus my own playing around on there, but I ask ... I'm not that keen on it. But that's reason why I'm not so well equipped or well versed in the uh computer, this Tiburon, as ... as others. And even during that time when classes were given I wasn't even in uh patrol.

SW: So you haven't had it in your vehicle to actually sit there and experiment with and play with?

BH: I had the computer; but I haven't had an inverter so it could function.

SW: Okay.

BH: So ...

SW: Is there anything that's important to this case that you purposely left out during the interview?

BH: No.


BH: This mechanism has been on the whole time.


BH: It is.

SW: Okay. I have no further questions. I will conclude this interview on the same date at approximately 1519 hours.

/mjv


Page 24 of 24

_.

POLK COUNTY SHERIFF'S OFFICE ADMINISTRATIVE INQUIRY !INVESTIGATION

GARRITY WARNING

You are hereby advised that you are being interviewed as a subject member of an Administrative Inquiry/Investigation being conducted in accordance with General Order 52.1. The purpose of this Garrity Warning is to protect you from compelled self-incrimination during the administrative interview. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by the Laws and Constitution of this State and the Constitution of the United States, including the right not to incriminate yourself.

You are further advised that if you refuse to answer all questions relating to the performance of your official duties or fitness for duty, you may be subject to administrative charges. Your statements or any information or. evidence relating to this Administrative Inquiry/Investigation that is gained by reason of such statements cannot be used against you in any subsequent criminal proceedings. However, these statements can be used against you in relation to subsequent administrative charges. As such, you are ordered to answer all questions truthfully.

By a~

£feiii NaIll

By: A------- --

~vestigating Member's Name

AJlb Member #

Date:_~_-.A_1_j4f.> _

~():zCo

Member #

Date:_t::,_--z-___:_f----"· (_U=- __

PCSO FORM 182 (REV 11/12109)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRA TIVE INQUIRYIINVESTIGATION ADVISEMENT OF CONFIDENTIALITY

Section 112.533, F.S., Receipt and Processing of Complaints

(2)(a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07(1) until the investigation ceases to be active, or until the agency head or the agency head's designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either:

1. Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or

2. Concluded the investigation with a finding to proceed with disciplinary action or to file charges.

Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counselor any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses, and all existing evidence, immediately prior to the beginning of the investigative interview. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the

',- names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview.

(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counselor a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action. or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I have read the preceding excerpt from Section 112.533 of the Florida State Statutes and fully understand what I have read

.131b

u -~.Af-Jj} DATE

o -2-'(-W

DATE

SI MEMBER #

-'·$060

INVESTIGATING MEMBER MEMBER #

-

peso FORM 1546 (REV 11125109)

POLK COUNTY SHERIFF'S OFFICE S ADMINISTRA TIVE INQUIRYIlNVESTIGATION

PERJURY

Section 837.02, F.S., Perjury in Official Proceedings

(1) Except as provided in subsection (2) [regarding capital feloniesJ, whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.

(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsections (1) or (2), and the defendant's mistaken belief that the statement was not material is not a defense.

Section 837.021, F.S., Perjury by Contradictory Statements

(1) Except as provided in subsection (2) [regarding capital felonies), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.

(3) In any prosecution for perjury under this section:

(a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.

(b) The question of whether a statement was material is a question of law to be determined by the court.

(c) It is not necessary to prove which, if any, of the contradictory statements is not true.

(d) It is a defense that the accused believed each statement to be true at the time the statement was made.

Section 837.05, F.S., False Reports to Law Enforcement Authorities

(1) Except as provided in subsection (2) [regarding capital feloniest, whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Section 837.06, F.S., False Official Statements

Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

I have read the preceding excerpt from Chapter 837, Florida Statutes, and understand that it is a

c . minal act to false statements in an official proceeding.

tf;~~1-Jb ~-----

- -------

DATE WITNESS SIGNATURE DATE

peso FORM 1547 (REV 11112/09)

'.._

POLK COUNTY SHERIFF'S OFFICE ADMINISTRATIVE COMPLAINT

NOTICE OF ADMINISTRATIVE INQUIRYIINVESTIGATION

TO:

L WPD Sergeant Burney Hayes

Agency Member

Member #

FROM:

Insp. Whitmer

5036

Investigating Member

Member #

SUBJECT:

DATE:

Administrative Complaint June 22, 2010

Pursuant to the Florida Law Enforcement Officers' and Correctional Officers' Rights, you are hereby notified of an administrative inquiry/investigation that is being conducted in which your actions are under investigation for alleged violation(s) of agency policy and/or procedure(s). This is not a criminal investigation.

_I;-n_s""p,---. W-.-h-:-it.,....m-,e;-r ---:-5.,....0_3;-6----;:- __ will be conducting an Administrative

Investigating Member Member #

Inquiry/Investigation specifically and narrowly relating to this complaint. Complainant: Lake Wales Police Department

The nature of the administrative complaint is as follows: Alleged violations of SOP 2-10, 13-

2, City of Lake Wales Group land 2 offenses in regard to your actions on May 1,2010.

"_

In accordance with General Order 52.1 - Administrative Inquiries and Investigations, this investigation may consist of recorded oral interviews with witnesses, victims and other persons with information relevant to the allegation(s). Upon completion of those interviews you will be scheduled for an administrative interview, at which time your recorded statement shall be taken. (Note: The only exception would be when extenuating circumstances require that an administrative interview be conducted immediately.) You will be provided sufficient advance notice as to the date and time for your administrative interview. You may review the administrative complaint and all statements made by the complainant and witnesses, including all other existing subjects' member statements and all other existing evidence prior to your peso FORM 181 (REV 01105/10)

_.

Notice of Administrative Inquiry/Investigation ~.-

Page 2 . 'lJB/NAL ..

administrative interview. Appropriate business attire or a standard duty uniform shall be worn

during the investigative interview.

During your administrative interview, you will be allowed to have a representative or counsel present in accordance with the Law Enforcement Officers' and Correctional Officers' Rights. Between now and your investigative interview date, you should decide if you want a representative and arrange to have that individual present during your investigative interview. It will be your responsibility to have the representative or counsel present at the scheduled date and time of the administrative interview.

In accordance with General Order 52.1 - Administrative Inquiries and Investigations, you are ordered not to discuss this administrative inquiry/investigation, your statement or any other statement or evidence that you may have reviewed until such time as the administrative inquiry/investigation is closed, and you are notified in writing of same by the proper authority. Violation of General Order 52.1 shall be subject to disciplinary action.

J have been provided with a copy of the Florida Statute 112.532 - Law Enforcement Officers' Officers' Rights.

'-

Member #

Date/Time

I;vestiiating Member

Member #

Date/Time

If you have any questions in this regard, please contact the assigned investigating member at

863-298-6506

Phone #

Copy: AQI AI Master File

peso FORM 181 (REV 01/05/10)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRATIVE INQUIRYIINVESTIGATION ADVISEMENT OF CONFIDENTIALITY

._




2_ Concluded the investigation with a finding to proceed with disciplinary action or to file charges.

Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counselor any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses, and all existing evidence, immediately prior to the beginning of the investigative interview. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview.

(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counselor a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775_082 or s. 775.083.

I have read the preceding excerpt from Section 112.533 of the Florida State Statutes and fully understand what have read

I NATURE

~

INVESTIGATING MEMBER

:5-0"36 MEMBER #

b-7...::r;..

DATE

peso FORM 1546 (REV 11125/09)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRATIVE INQUIRYIINVESTIGATION

PERJURY


(1) Except as provided in subsection (2) [regarding capital felonies], whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.



(1) Except as provided in subsection (2) [regarding capital felonies], whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.







(1) Except as provided in subsection (2) [regarding capital jelonies], whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Section 837.()6, F.S., False Official Statements


'-

PCSO FORM 1547 (REV 11112/09)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRA TIVE INQUIRYIlNVESTIGATION

PERJURY





(1) Except as provided in subsection (2) [regarding capital folontes], whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.



(b) The question of whether a statement was material is a question oflaw to be determined by the court.

( c) It is not necessary to prove which, if any, of the contradictory statements is not true.



(l) Except as provided in subsection (2) [regarding capital felonies], whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



I have read the preceding excerpt from Chapter 837, Florida Statutes, and understand that it is a criminal act to make false statements in an official proceeding.

~s~ ~At:GI kss SIGNATURE

'-7-to

DATE

peso FORM 1547 (REV 11112/09)







(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counselor a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation. the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I have read the preceding excerpt from Section 112.533 of the Florida State Statutes and fully understand what I have read.

~

f- 7- 10 DATE

MEMBER #

~s~

iNvESTIGATING MEMBER ME ER #

DATE

peso FORM 1546 (REV 11125109)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRA TIVE INQillRYIINVESTIGATION

PERJURY


(1) Except as provided in subsection (2) [regarding capital felonies}, whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s, 775.083 or s. 775.084.



(1) Except as provided in subsection (2) [regarding capital felonies], whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony ofthe third degree, punishable as provided in s. 775.082, s. 775.083 or s, 775.084.







(1) Except as provided in subsection (2) [regarding capital felonies], whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



I have read the preceding excerpt from Chapter 837, Florida Statutes, and understand that it is a criminal act to make false statements in an official ~

¥~s>6 a,-Ill-ro JlL:=: StiJk &7<0

ATURE DATE WITNESS SIGNATURE DATE

peso FORM 1547 (REV 11112/09)




I. Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or



(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counselor a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I have read the preceding excerpt from Section 112.533 of the Florida State Statutes and fu ly understand what I have read

Ok-Qr-b DATE

'~-tD DATE

MEMBER # SO"'3k> INVESTIGATING :MEMBER MEMBER #

peso FORM 1546 (REV 11125/09)

POLK COUNTY SHERIFF'S OFFICE ADMINISTRA TIVE INQUIRYIlNVESTIGATION

PERJURY





(1) Except as provided in subsection (2) [regarding capital felonies], whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.



(b) The question of whether a statement was material is a question oflaw to be determined by the court.

(e) It is not necessary to prove which, if any, of the contradictory statements is not true.



(1) Except as provided in subsection (2) [regarding capital feloniesi, whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



I have read the preceding excerpt from Chapter 837, Florida Statutes, and understand that it is a criminal act to~e false statements in an OffiC~

~¥~1 d6 £:-~tO WITNESS SIG~ -s;{?;[fcu

PCSO FORM 1547 (REV 11112/09)


-





Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counselor any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses, and all existing evidence, immediately prior to the beginning of the investigative interview. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the

'- names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview.

(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counselor a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation. the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I have read the preceding excerpt from Section 112.533 of the Florida State Statutes and full: understand what I ve read.

~~~~~~.......:Ioo.Io(..:z=;.---l,..~~_ 5d )-/0 DATE

S-2'j-""{O DATE

MEMBER #

peso FORM 1546 (REV 11/25/09)


TELECOMMUNICATIONS

REQUEST FOR 9-1-1 I RADIO TAPE

TO:

FROM:

DATE OF REQUEST:

CASE NUMBER:

TYPE CONVERSATION:

TELECOMMUNICATIONS SUPERVISOR

-:tr.S\l ec-\dc._ \.A)\;\...\-M.a.[t._ A L s-\c,- 3.l3:1

s- -Ol- /- t ()

SOI~\OI5:<l

TELEPHONE RADIO

----

PRIMARY UNIT NUMBER· LA\lt.. Wf\:~t."';) Qb\.~t.e- !\/@or:\MtA'+-

TELEPHONE NUMBER(S} CALL(S} MADE FROM _

._

ADDRESS INVOLVED

DATE AND TIME CALL(S) WERE MADE _'I.;._-....;;30-~/..;;;..O_-~~'---"'""""L....-....:.l_O~ _

REQUEST AUTHORIZED BY ~ ClUtutoe Q WoJr;g_, L~"

F or office use only

Date made Disposition _

A copy of this form should be forwarded to the Telecommunications Section Administrator as soon as possible after the incident occurred. The tapes are retained for a period of not less than one (l) year after the incident.

It is the responsibility of all personnel making these requests for tapes to be familiar with the public record laws, F. S. Statute Chapters 119 and 365.

It is necessary that the request form be on file before the tape is made.

.,,',

sst ~Wl\"_~ \-\~e.S ~WI'D) cl'.~ I\<>~ re"'~,0 -\0 T in lod. G .. ~ ~r C A'\." -\b K n. l\ ec n "\:, '; ~ ",-'Ie.", ~q_ '\' LIl. w

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peso FORM 420 (REV 11105/03)

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