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PSS2021 565

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INTERNAL AFFAIRS FINAL DISPOSITION REPORT

PSS-565-21

Information contained in this report is confidential and may be retained only by the Professional Standards Section and Labor Relations. Persons
provided in this report for a limited purpose (e.g., discipline review) must delete or otherwise destroy all copies, along with all investigative documents,
immediately after completion of the purpose for which the report has provided.

Citizen Complaint PSS Number: PSS2021-565 Received: Nov 29, 2021

Incident Number:

Involved citizen:

Linked address(s):
Home Address:

Linked phone(s):
Cell Phone:

Members involved:

State Police Trooper-E

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Flint Post

Snapshot - Member information at time of incident:

HRMN ID:
Bureau/Office: Field Operations Bureau-Admin
District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Flint Post
Section/Unit: 3rd Dist-Flint Post
Team/Sub Unit: 3rd Dist-Flint Post
Dept. Code: KCH00
Rank/title: State Police Trooper-E
Age: Years of employment: 21
Off duty: No Off duty employed: No

State Police Detective Lt

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Fang Section

Snapshot - Member information at time of incident:

HRMN ID:
Bureau/Office: Field Operations Bureau-Admin
District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Fang Section
Section/Unit: 3rd Dist-Fang Team #2
Team/Sub Unit: 3rd Dist-Fang Team #2
Dept. Code: KCEB0
Rank/title: State Police Detective Lt
Age: Years of employment: 21
Off duty: No Off duty employed: No

Member witnesses:

State Police

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-West Branch Post

State Police Trooper-E

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Flint Post

State Police Detective Tpr Spl

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Spec Invest Sect

State Police Detective Tpr Spl

Member current info:

Bureau/Office: Field Operations Bureau-Admin


District/Division: 3rd District-Admin
Worksite/Section: 3rd Dist-Fang Section

Witnesses:

Related police reports:

N/A

Suspended:

N/A

When/where:

Date/time occurred: Jan 2021

Incident location: Flint MI 48505 Precinct: Third District County: Genesee


Status/assignment information:

Status: Completed Priority: Medium

Opened: 11/30/2021 Assigned: 12/01/2021 Due: 02/25/2022 Completed: 02/17/2022

Date District Input Requested: 02/09/2022

Date District Input Received: 02/16/2022

District Input: Capt. Ryan Pennell, Third District Commander, provided the following input:

I have read the extremely through investigative report PSS-565-2021


Based on
the information in the report, .

In addition, Tpr. also spoke to his assistant post commander about the incident and did not
complete the BTUOFR based on the fact Lt. advised him one was not needed.

Disposition: Exonerated

Unit assigned: Professional Standards


Handled at field/unit level: No
Investigator assigned: Spl/Lieutenant Rick Sekely
Supervisor assigned: F/Lieutenant Brody Boucher
Source of information: BlueTeam

Summary of original allegations:

It is alleged that D/Lt. , D/Tpr/Spl. and Tpr. violated the law and department
policy when they used excessive force during the arrest of on January 2021, causing injury.

Summary of key investigative findings:

On November 29, 2021, the Professional Standards Section (PSS) received a BlueTeam Citizen Complaint Report
(BTCCR) that alleged that on January 2021, Tpr. , D/Tpr/Spl. and D/Lt.
used excessive force against when they arrested him on that date. Additionally,
alleged that the Michigan State Police (MSP) was covering the incident up. Further, during an interview with
he alleged that the incident report contained false information and/or pertinent information was excluded from
the incident report. Additionally, it was alleged that Trooper failed to complete a BlueTeam Use of Force
Report (BTUOFR) and failed to properly document the severity and type of injury in the incident report. During the
investigation it was determined that D/Tpr/Specialist was a witness to the incident and not an involved member.

On January 2021, the Bureau of Alcohol Tobacco and Firearms (ATF) and members of FANG went to
in Flint to serve a search warrant for a case involving . Trooper was requested as a uniform
presence. was walking back to his residence with groceries as agents were approaching his home. In-car
video indicates Trooper tried to intercept on his way to the residence by pulling his patrol vehicle
into his path and verbally engaging him; however, continued towards his home. alleged he was
tackled by Trooper and D/Lieutenant and arrested. He contends he suffered as a result.

Trooper and D/Lieutenant both


. D/Lieutenant and Trooper
was arrested for resisting and
obstructing and subsequently charged with this offense by the Genesee County Prosecutor’s Office. D/Lieutenant
and Trooper

None of the ATF ggents interviewed witnessed physical contact between and the principals.
D/Tpr/Specialist remembered Trooper telling to stay back and yelling. He
believed fell on the ice while Trooper was trying to detain him.

Trooper completed eAICS Incident Report No. documenting the incident. This report and the PSS
investigation confirmed that was given medical treatment on the day of the incident and transported to
Hurley Hospital.

Recommended charges:

The above charges are recommendations only and are preliminary to a final disciplinary decision. Therefore, this information may not be released
to any third party without the approval of the Professional Standards Section or Labor Relations.

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