4 _Renton Police Department Public Records

7/28/2019 4 _Renton Police Department Public Records

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INTERNAL INVESTIGATIONSUMMARY SHEET

Complaint Number_--=-D_S_-_to __ - - - - - - - -Date of Incident :::Jv L ~ 4 , S i L,..v l0Typeoflncident V ~ ~ I C C : O N J , j < 6 u , ~ D \ . . ) ~ { J ) , . J ~ ~ c _ ~ 1?) t-AName of Employee

Assigned Investigator I T .f2o Y.. ~ L -Date Assigned _o I_____L_{_-v ~ _ l _ t _ o - - - - : - - - - - - - - - - - - - -Due Date ot5 I o b ( t 8 Extension '?r {I" (co ~Review Dates 9/3/ lo___:______:____

PD_Admin!Milosevich!COinfo


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POLICE DEPARTMENT

M E M 0 R A N D U M

DATE: July 6, 2010TO: Chief Kevin MilosevichFROM: ~ ~ u t y Chief Tim TroxelSUBJECT: Formal Complaint- Officer

Allegation Summary

As you are aware, was involved in what appears to be inappropriate offduty conduct over the 4th of July weekend in the City of Kent. On that evening, Sergeantwas asked to telephone an on-duty Kent sergeant who was working boatpatrol on Lake Meridian in their city. Kent officers had a couple of contacts withwhile he was allegedly intoxicated and in a pontoon row-boat after dark and in anunsafe area. His behavior may be considered uncooperative at best.On July sth, was again in his row boat and had a heated conversation with acitizen on the shore of Lake Meridian, about the Kent police boat that this citizen allowsKent PD to moor on his property I dock. It is alleged that during this contact,advised the citizen that there would be 11payback" for the event(s) from the nightbefore.Potential violations of general orders are as follows:

Unbecoming Conduct Conformance to Laws Use of Alcohol Off-Duty

Based upon this information, I recommend a formal investigation is started todetermine if there were violations of law and/or general orders.


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POLICE DEPARTMENT

M E M 0 R A N D U MDATE: August 17, 2010TO: Chief Kevin Milosevich~ ; : , _ - - - . . . .FROM:SUBJECT:---- Findings of Facts- C0-05-10

1. has been a commissioned law enforcement officer fo r over 8 years.Five-years, ten-months with Latah County (Idaho) Sheriff's Office and two-years,four-months with the City of Renton.2. was hired by the City of Renton in March of 2008.

3. was selected as a Defensive Tactics instructor in 2009.4. Officer has been assigned to Patrol Operations for his entire two years with

the department.5. called in sick on the evening of July 3rd for a July 4th overtime, off-duty job

for the city celebration at Coulon Park.6. Officer was off-duty on July 4, 2010.7. While off-duty, had consumed alcohol and prescribed pain medication, and

admits he was impaired.8. was rowing his one-person pontoon boat on Lake Meridian in the City ofKent in the evening hours of July 4, 2010, and admits to being impaired.9. He was contacted by Sergeant and Officer of Kent PD,

who were on-duty assigned to boat patrol on Lake Meridian for the July 4th fireworksdisplay.

10. was contacted because of safety concerns. He was too close to thefireworks barge, was on the lake after dark, he and his boat were barely visible; nonavigational lights, personal floatation device (PFDL or sounding device.

11. After a brief discussion with and direction from the Kent officers, began torow towards the south shore of the lake.

12. Sergeant and Officer believed was under the influence.13. got part way to his side of the lake, stopped and turned around to watch

the fireworks display.14. He was re-contacted by the same Kent officers because he had not left the lake after

they told him to, telling him he could now be arrested for obstructing.15. initially told them his first and last name, DOB and partial house address.16. didn't believe he was obstructing and told the officers he was a Renton

Police Officer.


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Chief Kevin MilosevichFinding of Facts- CO 05-10Page 2 of 3August 17, 2010

17. told them he was an officer because he believed the contact was goingpoorly and hoped he would be treated better.

18. did not expect special treatment over and above what an average citizenwould have experienced under similar circumstances.

19. When Sergeant asked for middle name, initial, and complete housenumber, told him in a sarcastic tone to "figure it out".

20. Kent Sergeant said that he had no intent on arresting either before orafter said he was an officer. Regular citizens would have received the sametreatment. admits that in his mind, had not committed acrime.

21. told which sergeant he worked for at Renton PD and who would beon-duty that night.

22. Sergeant made phone contact with on-duty Sergeant23. confirmed with that was an officer for Renton PD.24. During the phone call with could hear a subject speaking in the

background but could not make out what was being said.25. relayed to that the person he was hearing was26. and towed and his pontoon boat to near the southeast

shoreline.27. While on the way in, told "I'l l pay this back in ful l."28. asked if that was a threat.29. told he could take it however he wanted to take it.30. did not feel threatened but was surprised by actions and statements.31. felt threatened by comment about "I' ll pay this back in ful l."32. Both and were surprised and embarrassed by behavior. At

times during their contact on July 4th, was intimidating, uncooperative andsarcastic.

33. Officer was off-duty on July 5, 2010.34. While off-duty, had consumed alcohol and prescribed pain medication, and

admits he was impaired.35. was in his pontoon row-boat on Lake Meridian in the afternoon hours of

July 5, 2010 and admits to being impaired.36. rowed his boat to the area where the Kent Police Boat is moored;

dock.37. had a heated verbal exchange with the owner of the dock,38. After warned to stay away from the boat, dock and his property,

assured that he would not harm the police boat or propertybut said numerous times, "there will be payback".

39. and officers from Kent Police had no direct contact that day.40. spoke by telephone with Sergeant Ritchie that evening and was advised of a

meeting with Chief Milosevich the next morning, July 6, 2010.


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Chief Kevin MilosevichFinding of Facts- CO 05-10Page 3 of 3August 17, 2010

41. attended a meeting on July 6 with Chief Milosevich where he was placed onAdministrative Leave pending the results of an internal investigation.

42. does not recall being told by Chief Milosevich that he was restricted togoing on Lake Meridian.

43. Officer was off-duty on July 9, 2010.44. was in his pontoon row-boat on Lake Meridian in the late afternoon I early

evening hours that day.45. rowed his pontoon boat, escorting a group of swimmers from his

immediate neighborhood.46. This swim is customary according to a Mr. who organizes the summer

swim(s).47. While escorting the swimmers, stopped short of the usual turn-around dock

fo r the swimmers. This is the dock just one property east of ( dock.48. This swimming dock is approximately 15-20 yards inside this buoy line.49. was seen by somewhere between the north buoy line (100 yards of f

shore) and the swimming dock, but neither was close enough to speak to the other.50. could not say for sure if there were swimmers with or not, saying,

"There are swimmers out there all of the time. May have been, may not have been,could not say for sure".

51. called the cell phone of Officer and advised that was outfront of his property and to the east near the swim dock.

52. and Sergeant using binoculars watched and his pontoon boatfrom the public park, approximately}{ mile away. They could see him near the swimdock but could not tell what he was doing.

53. rowed back to his side ofthe lake with the neighborhood swimmers.54. Shortly after arrived at his property, Sergeant appeared for an

unannounced visit.55. On July 12, 2010 a meeting was held with where Chief Milosevich gave

some further restrictions about being on certain parts of Lake Meridian.56. Since that meeting there have been no further reported incidents involving Officer

and the Kent Police Department, whether criminal or non-criminal.57. During the interview, he admitted that if officers from Kent PD said that he

( said something, I would have to believe their statements over his unclearmemory of the events of July 4 and 5.58. had had some recent significant events in his life that have affected hisbehavior both on and off-duty.


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RENTON POLICE DEPARTMENT Complaint No: C0-05-10Internal InvestigationsInvestigative Summary

Date Time Description07/06/10 0815 Meeting with Chief Milosevich and D/C Marsalisi to discuss July 4 & 5 off-duty

incidents at Lake Meridian in the City of Kent involving Ofc The Chief'sintent was to place on Administrative Leave pending the conclusion ofan Internal Investigation. I am assigned the Internal Affairs Investigation (IAI). Ofc

is due to report fo r duty at 1030 hours today for a Defensive Tactics (DT)Instructors meeting, then instruct DT sessions. Chief Milosevich said that he madetwo (2) phone calls yesterday to cell phone; no answer, voicemailleft, noreturn calls.

1015 Commander Cline removed a duty pistol and 3 magazines from locker inmen's locker room. Cline then turned over those items to Training Officer Martin.

1100 Brief meeting with Sgt Ritchie and the Chief in Chief's office. Ritchie isprevious supervisor and current sounding-board. Ritchie advised that is inthe building; in conference room A, awaiting meeting with the Chief and notificatioof IAI.

1110 Meeting with in Conference Room A. In attendance, Chief Milosevich,Officer Sergeant Ritchie and me. Chief advised he wasimmediately on Administrative Leave, his law enforcement duties were modified,had him sign memo for the fi le and kept a copy for him. Chief requesteddoor access card, commission card, shirt badge and wallet badge.relinquished both cards but said badges were at home. I took custody of both cardsand later gave them to Training Officer Martin. Ritchie offered to pick-up badgesfrom tonight.

1235 I called Captain J. Pagel from Kent PD@ 253.856.5831. He will be point-of-contactfor their department. I asked him to get me a list of KPD personnel involved in theincidents over the last 2 days in which they had contact with I asked forcontact info, work schedules, and any reports, memos, emails about KPD contactwith Ofc.

1243 Received email from Capt Pagel with string attached. It was an email from KPD Sgtregarding his dealings with on July 4. I made a har.d copy for IAI file.

Deputy Chief T. Troxe( lInvestigator ID Number Page 1 of 14


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7/6/10(cant)

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7/8/10

Time Description1525 Received email from J. Pagel with contact info for KPD personnel and one citizen.1555 Called Sgt cell number and left voicemail for him to advise of availability for

an interview for this investigation.1600 Called Ofc cell number to set-up interv iew date/time. and Sgt

will be completing supplemental reports today for the incident on the 4th andemailing a copy to me later today. Interviews set for both on Thursday, July?;

@ 1600, @ 1800, both at KPD Headquarters.1630 Rec'd call back from Sgt advising he got my voice mail and would be

available for interview@ 1800 on the 8th.1205 Called S. Ritchie to get an update on badge pick-up. He had not done it the previous

night but was going to stop at on his way to work this afternoon.1700 Spoke to Ritchie in person in patrol briefing room. He had collected badges and

turned them in to Training Officer Martin.1025 Called civilian witness to alleged events of July 5. Set up interview for

later today, 1400 at his residence on Lake Meridian, City of Kent.1035 Called Captain Pagel and left voice mail to advise I had yet to receive reports from

or Interviews later today at KPD.1335 Call back from Captain Pagel asking if I had reports yet. I had not but would get

hard-copies while at KPD and review them before the interviews.1350 Preparation for interviews caused me to leave Renton City Hall a little behind

schedule. I called and advised I was running behind but would see himabout 2:15PM: That was fine with him.

1420 Arrived at residence for interview. Taped interview completed. hadno direct knowledge about the events of July 4, only what he was told by Kent PDofficers. had contact with on July 5 in the mid-afternoon hours.

Deputy ChiefT. Troxel ~ ~ n , . . . - - - - Investigator ID Number Page 2 of 14


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Date Time Description7/8/10(cant)

He saw a person ( on a pontoon boat floating near the Kent PD boat whilemoored at dock. had a conversation with and told himmultiple times that "there will be payback". At first did not know what

was referring to, but then it occurred to that this person on thepontoon boat may be related to the incident the night before on the lake, involvingan off-duty officer. believed that was under the influence of alcohoor drugs. asked if he was the Renton Officer from the night before,July 4. confirmed that he was. told to stay clear of the boaand his dock. assured him that he would leave the dock and boat alone, buadded, "there will be payback". took this to mean, "coming after the (Kent)officers".

1555 Arrived at KPD for interview with Ofc She made copies of reports for mefrom Sgt and her. I reviewed her report before taped interview was completed

was on-duty in uniform on the evening of July 4. She and her partner Sgtwere assigned to Lake Meridian for the fireworks show. They were on th

Kent Police boat on patrol on the lake. At around 2200 hours as the show was abouto start, they noticed a small pontoon boat floating nearby, too close to the bargewhere the fireworks were about to be released. and motored over tothe pontoon boat and had a brief conversation with the person, telling them to getoff of the lake. This person turned out to be although they did not find ouwho he was until the second contact a few minutes later. They watched asrowed towards shore, but then stopped, turned around and started to row backtowards the fireworks barge. and re-contacted asked himwhy he had not left the lake. During this contact they identified (verbal)and shared with him that they could arrest him for Obstructing and write sometickets for numerous marine infractions. It was at some point during thisconversation told them he was a Renton Police Officer. radioed toValley-Com to have a Renton Sergeant contact them on cell phone. Sgt

called back within minutes. While was on the phone withkept interrupting as he spoke. was convinced that

was under the influence. His f a ~ e was red and speech was slurred. She saw apartially consumed bottle of Southern Comfort on the pontoon boat. After the callwith I towed and his pontoon boat to near theshoreline where rents a house.

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Date Time Description718110(cant)

1725

During this second contact, said to that he would, "pay this back inful l". heard this and took it as a threat.There were times throughout the contact with that he appeared to besizing up both officers as if looking for a physical confrontation.Sgt arrived early for interview. Taped interview completed. statementwas similar to He was on duty on July 4th, assigned to boat patrol on LakeMeridian for the fireworks display. At around 2200 they contacted in asmall pontoon boat and asked I directed him to leave the lake. rowedtowards shore. As the fireworks were going off, they saw stop short ofshore and turn around the pontoon boat, facing the fireworks barge and display.After a few minutes started to row towards the barge. Icontacted again. appeared to be under the influence. His speechwas slurred and saw the partially consumed bottle of Southern Comfort on thepontoon boat. told that they could arrest him fo r Obstructing.

said something to the affect, "c'mon guys, I'm a Renton cop". askedfo r police ID but did not have any with him. told whichRenton sergeants were on-duty that night, who he worked for, etc. then had aphone conversation with to verify was a Renton officer.was then towed in to near the south shoreline where lives. During thistime, made the comment that, "I'll make sure I repay you for this."took this as a threat, but didn't have concerns that would repay him orretaliate.On the morning of the 6th, got a phone call from advising of an incidenon July 5 nears ( dock. This was the briefing conflict I confrontationbetween and where told that there would bepayback. had no direct contact with that day.

1745 Called cell number of to set-up time for interview. She will be available onMonday afternoon, July 12. Interview set for 1500 @ KPD. She will check schedulesfor Officers and officers who responded to events at LakeMeridian on Monday July 5. Lt. will call back on 719 confirming their schedules

Deputy Chief T. Troxel ~ .....- Page 4 of 14


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Date Time Description7/9/10 1000 Transferred interviews of and from digital recorder to work

c o m p u t ~ r and forwarded to Admin Asst S. Smith for transcription. She is on a dayoff today, returning Monday July 12.

1905 (Friday night) Received phone call from Chief Milosevich. He was enroute to LakeMeridian based upon a call from KPD regarding being on the lake, near

dock. Allegedly, was on his pontoor boat, a very close distancefrom the dock and was facing property and staring at After a shorttime, left and rowed back to his side of the lake.

1910 Telephoned . to advise of latest event. He was going to drive to the lake,approximately 3 miles from home, and perhaps talk with

2135 Return call from after he had spoken with at his house on the lake.denied being close to dock telling he was nowhere close todock. After their talk advised he would take the boat out of the

water and not even go on the lake.7/12/10 1100 Called on his cell phone. Advised of meeting today at 1400 at RPD

station, 2nd floor. was to call me when close so I could escort him upstairsfrom the c ity hall lobby.

1350 Phone call from He was in the lobby of city hall.1400 Brief meeting in Police Conference Room B to give additional restriction

while on Administrative Leave. Chief Milosevich gave a memo with aerialphoto attached showing restrictions to his use of Lake Meridian. signedmemo, initialed the photo and was given a copy of both.

1500 Arrived at KPD fo r appointment with Taped interv iew was completed.was on-duty until1800 on July 5th. She heard a dispatched call of an incident

occurring on Lake Meridian involving an off-duty Renton officer ( The callthis day had to do with being in some kind of a verbal dispute withnear ) dock. drove to property and met with Officers

and the boat patrol officers for that day.Deputy Chief T. Troxel 1 ~ c :Investigator Page 5 of 14


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Date Time Description7112110(cont)

1535

Upon walking down to the waterfront and pointed out someone in apontoon boat ( about 100 yards of f of dock, to the southeast.directed and to keep an eye on but to not contact or confront

watched for 30 minutes or so via binoculars. Eventuallymade it back across the lake to his rental property. watched as sat onthe beach for awhile then went in the house. directed and to getthe address of the house went into. They returned shortly thereafter withthe address. did not have any direct contact with throughout this 90minute observation period.Recorded interview with Officer o m p l e t e d ~ was on-duty on July 5assigned to bike I boat patrol. As part of normal duties around 1800, he androde their bicycles from the city park on the southeast part of the lake to doc{ where their police boat is moored. Upon walking down to the dockwas there and told them that they just missed a conversation he had withabout 20 minutes before their arrival. went into detail about his conversationwith including the numerous references to "payback". believed

took this to mean some kind of revenge towards Kent officers from the nighbefore. They went on boat patrol, circling the lake and checking the buoy line. Theymotored by side of the lake, waved at a couple of people standing on adock, and in the water next to the dock on the pontoon boat. The peoplewaved back, but just looked at them. They continued to check and resetbuoys when started to row towards them. He didn't get any closer than100 yards. did not engage them, wave or speak to or Theymotored back to dock and tied up their boat. At about this time, Lt hadarrived and directed them to not engage I contact was watching

with binoculars, saw him on his beach and walk up to a house, appearing tostagger and having to steady him by holding onto a railing. relayed toand that it appeared was under the influence because of his unsteadyactions.

1603 Recorded interv iew with Officer was on-duty on July 5 assigned tobike I boat patrol. As part of normal duties around 1730, he and Officerarrived at dock { where their police boat is moored.

De Chief T. Troxel c(" v v - - Investigator ID Number Page 6 of 14


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Date Time Description7/12/10(cont)

Upon walking down to the dock was there and told them that they missed a"little excitement". had a conversation I confrontation with a man in a pontoonboat, assumed to be about 15 minutes before their arrival. went intodetail about his conversation with including the numerous references to"payback". pointed out now on the other side ofthe lake, wearing ared shirt. used binoculars and watched for about 15 minutes. He

and then went on boat patrol, circling the lake and checking the buoyline. They motored by side of the lake, waved at a couple of peoplestanding on a dock, and in the water next to the dock on the pontoon boatThe people waved back, but just looked at them. They continued to checkand reset buoys when started to row towards them. He didn't get anycloser than 80 yards. did not engage them, wave or speak to or

They finished with their buoy resetting then motored back to dock andtied up their boat. At about this time, Lt had arrived and directed them toavoid unless he was a danger to himself or others. continued usingbinoculars to watch saw him on his beach and walk up to a house,appearing to stagger and having to steady himself by holding onto a picnic table.

relayed to and that it appeared was under the influencebecause of his unsteady actions. opinion of "payback" commentswere that he wasn't clear on what meant. He didn't know if wouldwrite tickets to Kent officers or a bit more involved like a physical confrontation.

2015 Interview with Sergeant at RPD. is the patrol sergeantfor 3B North and is on her squad. has worked for sinceJanuary 2010 and she has not had any performance issues with him. wasworking on July 4th from 0600- 1600 in an extra-duty capacity, assisting with theJuly 4 celebration at Coulon beach park. She had received a call from thenight of July 3, and he was advising he would not be able to work the next day (July4} because of, ,,another attack and couldn 't walk". said it soundedlike may be taking something for his pain, either pain medication, alcohol,or both. told her his pain level was 11a 22, on a scale of 1 to 10". She offeredto have a patrol unit come and get him and take him to the doctor, but he declinedthe offer. had another phone call with on the 4th. said hewas sorry that he couldn't come in and was going to the doctor the next day.

Deputy Chief T. Troxel ~ , .Page 7 of 14


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Date Time Description7/12/10(cant)

He thought he would be OK to come back to work on their normal rotation. Hesounded better, like he was not in as much pain or medicated as much.got a. call from on July 5. He started the call by telling her, "I guess you'vealready heard". had not heard and asked what happened ..

told her that he was stopped by Kent PD on Lake Meridian, told him hedidn't have running lights and to get off the lake. rowed in, but the windwas blowing, the boat was listing and he got of f course. When he corrected hiscourse, he was re-contacted by Kent PD, and that is when he ID'd himself as aRenton police officer. The Kent officers threatened to arrest forobstructing. Kent officers saw a bottle of Southern Comfort in his boat. One of theKent officers called RPD and spoke to a duty sergeant. did not know whichsergeant. The Kent pqlice boat then towed in to near his beach and thecontact ended. told that he had had a drink, but she did not askhow much I many. told her that he said to the Kent officers, "I'l l return thefavor someday". One of them asked if that was a threat . told "i twas not a threat, just a statement". took this to mean that wouldfigure out a way to get back at them for what he felt was harassment.Later on the 5th, got a call from Sergeant . They briefly discussed

and wanted to know that he had spoken withand spoke about an Employee Assistance Program (EAP) referral

for and said he would drop by house and give him someflyers. She had no further contact with about any dealings with Kent PD.She heard a few days later that there was another incident at Lake Meridianinvolving but not much detail.

07/21/10 1230 Called letting him know about an interview I wanted to have with him onJuly 22 at 1300. He was agreeable to that. I told him I would stop hy his house onLake Meridian at 1330 to give him in-person, official noti fication of interview.

1330 Arrived at house and gave him notice of interview for the next day.07/22/10 1215 Rec'd transcribed statements from Admin Asst Smith covering interviews with

and

Deputy ChiefT. T r o x e l ~ID Number Page 8 of 14


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Date7/22/10(cant)

Time Description1300 Interview with in room 620 of Renton City Hall. Present with

was guild representative Craig Sjolin. I started off interview telling I waslooking at his activities on three di fferent days, July 4, 5 and 9. Starting with July 4,.

said he was in his pontoon row boat, on the lake in the evening hours.It was dark and he had rowed out into the lake to watch the fireworks. He wascontacted by Kent officers, a male sergeant and female officer driving the boat. Hedid not know their names and had not seen them before. They told him he wasrequired to have navigational (running) lights and a life jacket and he had neither.They told him to row home. He rowed part way to his side of the lake, had problemswith his oars and heading the right direction. stopped to watch a burst offireworks, and then started rowing again when re-contacted by the Kent policeboat. The sergeant told him that he hadn't listened and could be arrested forobstruction. did not think he was obstructing, and the female officer saidsomething to the effect, "how about resisting?" He disagreed that he was resistingeither. did not think he would be arrested.He gave them his name (verbaiiD} when they asked for it, and told them he was aRenton officer. He told them he was an officer because in his mind, the contact wasgetting out of control. was not looking for special treatment and believedhe would be reprimanded. He gave them his sergeant's name and who would be onduty that night, as well as contact numbers. He did not recall giving themincomplete information (no middle initial and full house number) and then tellingthem to "figure it out". added, "i f they said I said that, I probably did".There was a partial bot tle of Southern Comfort on his boat, which he had consumedsome of throughout the day. had also taken some prescription painkillersthat he had for knee pain. admitted, "I was impaired".The Kent officers made phone contact with Sgt and advised of theircontact with He recalled the Kent sergeant telling thatwas playing the name game. disagreed and said so out loud. This wasoverheard by After the call to the Kent officers towed in

and his pontoon boat part way to shore near rental house. Whilebeing towed in, spoke to the sergeant telling him something to the effect,I'll make sure I repay you in full for this." claims he did not mean it as athreat, it was out of frustration.

Deputy Chief T. TroxelInvestigator ID Number Page 9 of 14


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Date Time Description7/22/10(cont)

He admits that if he heard something similar from a citizen or off-duty officer, hewould be ticked off, but not threatened.The afternoon of July 5, again was in his pontoon boat. He remembered thnight before and being contacted by the Kent officers and warned out not havingnavigational lights. He didn't remember seeing any on their boat either so he rowedover to take a look. got close enough to touch the police boat, (but didn't).While there he recalled having a conversation with a man about the police boat.He does not remember the specifics of the conversation but knew the man wasupset with being so close to the boat. had been drinking beer andSouthern Comfort and his level of impairment was about equal to the day before.He does not recall telling the mim that there was going to be payback, but was toldlater by Sergeant that he had. He does not recall the man asking if he wasthe Renton officer from the night before. He does not recall any contact with KentPO that day, but did recall seeing their boat motoring by after he got back to his sidof the lake. Shortly thereafter, he received phone calls from Sergeant andChief Milosevich. instructions were to come in the next morning for ameeting with the chief. He attended the meeting and was placed on administrativeleave pending the internal investigation. He did not recall the chieftelling him tostay off of the lake. If he had, said he would have spoken up and let thechief know that he lives on the lake. He said it is possible the chief gave thatrestriction, but just didn't hear it.The evening of July 9th was rowing his pontoon boat, not near the Kentboat but in the general area. He did not go inside the outer buoy line, and wasrowing his boat, escorting some neighbors I swimmers across the lake to aswimming dock, just east of where the police boat is moored. He had no t beendrinking alcohol or taking his pain medications and believed he was sober that day.When asked to explain the observations of the Kent officers who were watching hisactions with binoculars from the public park to the southeast, said they didsee him in the general area, but all he was doing was escorting the swimmers.Short ly after the escort, Sergeant showed up at his house. They had a 15-20minute conversation. was notified of a meeting set for 0900 on Monday,July 12 at city hall.

Deputy ChiefT. T r o x e l . ~ v V ' /Page 10 of 14


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Date Time Description7/22/10(cont}

He attended that meeting and was given more specific instructions about where hecould go on the lake. said he has complied with that direction. said"no" when asked if he had a reasonable explanation for his behavior over July 4 and5 with Kent police officers and He said this is not normal behavior for him.He said he's never done anything like this before in his life. Since these events, hehas been in contact with EAP, gone to a appointment and his physicalhealth ( has improved. The counselor told him that he had a lot on his plate.

}

felt that had he been in before the beginning of July, therewould not have been the incidents ofthe 4th, 5th and 9th. He described his situationas not out of control, but he is "overwhelmed". suggested I talk with hisnext door neighbor to get I confirm his side of the story for hisreason for being on the lake on Friday July 9.

07/23/10 1600 Transferred recording of interview from digital recorder to work computerand forwarded to Admin Asst S. Smith for transcription.

2355 Received email from Officer with an attachment, her supplemental narrativreport covering the July 9 event(s}.

07/26/10 1200- Compared audio recording(s} of transcribed statements for typos and missing1600 information and made edits.

07/27/10 1543 Received transcribed statement from Admin Asst Smith1545 Called possible witness to events of July 9. His name and number

were given to me by I left voice mail hoping to speak with him in the nextcouple of days.

1550 Received a return call from We will meet at his home tomorrow July 28 @0930. Hi house address is 144 SE 270 Place.

07/28/10 0945 Arrived at the residence for interview appointment.Deputy ChiefT. T r o x e l ~ . . . . . . . . . .

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Date Time Description07/28/10

. (cant)

De utInvestigator

1040

1050

1730

Recorded interview was completed. Also present was Anne wife.explained that it is a neighborhood custom during the warm summer

months to go on evening swims with other folks from the neighborhood.The swims may include up to 15 people swimming, dragging boats for use fo r restperiods, and others rowing alongside to give better visibility to the entire group.This swim happened on the night of the gth, and when the group was part wayacross the lake, asked what point they swim to. Whentold and pointed to the swim dock just east of the Kent police boat,

said he couldn't go too close to that area. accompanied the swimgroup on the gth as well, stopping short of the swim dock, turn-around point, nearthe buoy line. Upon returning to their side of the lake,.Sergeant showed upand shared with that his behavior, floating in the area ofthe Kent policeboat was intimidating to somebody on the other side of the lake. was onboth swims on the nights of the gth and gth and didn't believe anything didwas intimidating.Drove to side of lake to observe distance from buoy line to swim dock.Upon arrival at was there. (unscheduled visit)

and I walked out to the end of his dock to check I estimate distance.Distance from buoy line to swim dock between 15-20 yards. advised that onthe gth was in pontoon boat on the far side of ~ i m dock.This is somewhere between the buoy line and swim dock. Asked if there wereswimmers out there that night. said there were "swimmers out there all ofthe time". I asked if there were swimmers with or near said, "mayhave been, may not have been, could not say for sure". It is possible there wereswimmers near at the time on the gth when saw on hispontoon boat, near the swim dock.Appointment with Sgt recorded interv iew completed. wason-duty on July 4th working third watch. At about 10:30 PM he received an MDCmessage to contact Kent officer He called the phone number givenand spoke with Sergeant wanted to know i f we had aworking for our department. confirmed it and was told by that theyhad come across an intoxicated floating on Lake Meridian.

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Date Time Description07/28/10

(cant)He was refusing to get of f the lake and did not want to arrest He andhis partner were just trying to get him home. While on the phone with

could hear unintelligible words in the background that said werecoming from had to stop talking to to tell to bequiet. At the conclusion of the phone call, told that he would benotifying the chain of command. He called the CDO, Commander Karlewicz and alsoChief Milosevich who were both working the 4th of July city celebration at Coulonpark.On July 5, again was working third watch and in the station at about 1800hours. He got an intercom page to speak to a Kent lieutenant. spoke withLt She asked if he was familiar with the incident involving Officer fromthe day before. Today, was on his pontoon boat, near the dock where KenPD moors their boat. He had made threats to the citizen L telling him therewould be "payback". There was not any Kent PD contact with on this day,he had left and gone back to the other side of the lake before any Kent officersarrived at Dock. was looking for information that might be useful if Kentofficers were forced into confronting advised that he wouldbe notifying our CDO, Karlewicz. called Karlewicz, gave him cellnumber and was told that Chief Milosevich would be attempting to call

called and relayed that information. Kent PD took a safety stance anshared info about with patrol shifts, just in case officers were called to thearea where lives or there were other incidents at or around Lake Meridian

1800 Brief in-person conversation with Sgt He was on-duty on July 9th and hadreceived a call from Kent Chief Strachan that evening asking for clarification from

if he was aware of any restrictions communicated to from ourChief. did not know, called Chief Milosevich who in-turn called ChiefStrachan.

07/29/10 0830 Transferred recorded and interviews from digital recorder towork computer and forwarded to Admin Asst S. Smith for transcription.

08/02/10 Began working on Finding of Fact for investigation.

Deputy ChiefT. Troxel ~ .....P.......-:::Page 13 of 14


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RENTON POLICE DEPARTMENTInternal InvestigationsInvestigative Summary

Date Time Description

Complaint No: C0-05-10

08/06/10 Spent time intermittently throughout the day updating the Investigative Summary.08/16/10 1045 Received transcribed and statements from Admin Asst Smith.08/17/10 0845 Received transcribed statement from Admin Asst Smith.

1930- Finalized I organized hard-copy binder of all parts of investigation2130

I certify under penalty of perjury under the laws of the state of Washington that the foregoingis true and correct (RCW 9A. 72.085).

\ l JJ 'j,....()}

Deputy Chief T. TroxelInvestigator

Deputy ChiefT. L. Troxel v/Vf r1\j f;V ( _uRenton PD

~ ~ .. . ,cv V" ' ID Number

'5(1i(to

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. (RENTON POLICE DEPARTMENT

INTERNAL AFFAIRSWITNESS ADMONITION c ) F"'f) s-..- l ::>

Complaint NumberToday's date is JVLJ () 1 1-o\. > at I -f hours. I amJ) I C ( 1 "'- I ~ Y.. L interviewingregarding a complaint of Unbecoming Conduct against a Renton Police Officer (Officerwhich is alleged to have occurred on JVL-1 '1 ? ?ocv at e-1 , ! tr H J t t - > ~ .

, do you understand that this conversation is beingtape recorded? ( ! ! ! ) r No)

, you are here as a witness in the above listedc o m p l ~ i n t , a matter which concerns a police officer. A complaint has not been filed against you,and you are not under investigation in this matter., I wish to advise you that you are being questionedas part of an official investigation of the Renton Police Department. You are reminded that youranswers to my questions must be truthful and as accurate as possible.

PD Admin/Milosevich/COForms


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STATEMENT OF

COMPLAINT NUMBER: C0-05-10INTERVIEWER: Deputy Chief TroxelLOCATION: City of Kent- Lake Meridian

DATE: July 8, 20101445

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I am Deputy Chief Tim Troxel interviewing in the City of Kent atLake Meridian. This is regarding a compla int of Unbecoming Conduct againsta Renton Police Officer, which is alleged to have occurred on both July 4 and5 in the evening hours. do you understand this conversation is beingtape-recorded?Yes, I do.

I'm going to stop the tape fo r just a minute to make sure it' s picking upboth of our voices clearly and then we'll go back on the record. Is that okay?Okay, right.All right. do you understand this conversation is being taperecorded?Yes, I do.Uh, we just confirmed that the tape recorder is working correctly and pickingup both of our voices. you are here as a witness in the above-listedcomplaint a matter which concerns a police officer. A complaint has notbeen filed against you and you are not under investigation in this matter.

I wish to advise you that you are being questioned as part of an officialinvestigation of the Renton Police Department. You are reminded youranswers to my questions must be truthful and accurate as possible. Do youunderstand that?Yes, I know that.I'll ask you to sign this form right here where it says witness and then we'llmove on with some questions.Okay,_ le t the record reflect that has signed the uh Witness Admonitionand we'll start off with some questions unless you have anything you'd like tocover before we get going?No, I don't believe so.

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And your name is or officially?Uh, yeah, off icia lly .Okay, last name is ?Right.Okay, and you live here in the City of Kent on Lake Meridian.Exactly.State your address for the record please.

Southeast 26ih Street.Okay, I'm going to ask you some questions about the events of July 4 and 5

and uh, I'll ask you at this point do you have any notes or otherdocuments that you prepared at the time or since then to help refresh yourmemory about what happened on those days?No, I haven't. the Officer at Kent was setting here with me when I wastelling the time and going through all this so he knows times more than I canremember after all this.And so you're pretty much going on memory alone at this point.Exactly.Uh, were you advised of an incident involving a person know to be a RentonPolice Officer that happened on the 4th in the evening hours?Yes, I vitas.And how did you find ou t about that?The Police have their boat here in Lake Meridian which I take care of it.have the officers in and out of my house every day using the facilities. Wehelp them out here.And what were the circumstances of the incident on the 4th as told to you?



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It was told to me uh this fellow in this boat just before the fireworks wasgoing to go of f was out in his boat with no life and it's flat dangerous outthere and the officers were trying to get him of f the lake. And he went so farand come back again, so then the officers got ahold of him with his boat andtook him to the docks and removed him from the lake as I understand it andthen uh that was the end of it that night. Later that night however theofficers took him of f the lake, were on the phone talking with the supervisor,somebody from the Renton Police Department for quite awhile. I do knowthat. And that was kind of the end of it for our part that night.Okay. Did you have any direct contact with that person in the boat on theevening of the 4th?No, I did not.And the circumstances that you were uh told about by the Kent Officersabout what time of the day on the 4th did all of this happen?This happened just before 10:00, probably between 9:30 and 10:00 all of thiswould have went on.That was PM?Yes.Okay, so it was dark here?It was dark just before the fireworks.Okay. Uh, did you come into contact with a person near your property andboat dock uh out here near the City of Kent police boat on July 5th?Yes, I did.What time of day was that?That was like I told you, the other officer sat here with me and I toldhim the times, but I'm a thinking it was like 3. 3:15 in the afternoon.Okay. And go ahead and tell me about that contact,



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Well, this little boat, pontoon boat, two pontoons come in by my yard here.Right next to the police boat and I thought he "'{as a fisherman. In factthere's a fishing pole on the boat and he come right up close to shore. I wason the lawn there, mowing the lawn. And he was red-faced and just lookingawful ornery, tough-like to me and wanting something. He wasn't sayingnothing so I walked a short distance out on the lake when he hollered at me ifI drive that boat and I says yes I do and he says was you on it last night. And Isays no. The'! he says, was your kid on it? And I says no. There's a coupleKent officers was on it. Then he says I'm gonna make some payback. There'sgoing to be payback around here and I was a little confused concerned whathe was even talking about. Then it dawned on me then I asked him are youthe Renton Police that give our officers a bad time last night. Yes, I'm aRenton Officer. And then it all come to me and uh I hollered back at him, ifyou get near this boat or my dock you're in trouble mister because I'mwatching it and I don't put up with this BS here in this dock. And I'm serious.And pretty soon he kind of found out I'm serious, I mean it. I would handlethe situation. And then he hollered at me, now listen, I guarantee you I willnot touch the police boat or your, or anything on your place here. I'llguarantee you that, but there's gonna be payback, there's gonna be paybackand by then I got tired of listening to it and I slowly walked off the dock intomy yard and sat down there and kind of watched him go back out into thelake.Now when he first uh approached your dock and you first had contact withhim and he referred to a boat, was he referring to the boat ou t here on thedock. The police boat?The police boat, yes.Okay, and when you asked him if he was the uh Renton Officer that had uhcaused some kind of trouble the night before with the Kent Officers. He saidhe was a Renton Officer?Yes.Did he show you any kind of identification?No, he did not.Did he uh, uh, did he say his name?No, he did not.

(SS/H:PDADMIN:SHERRY:Complaints/C0-05-.10- 4


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Can. you describe him?

Well, he was kind of laying back in the boat.in a red sweatshirt, or some kindred on him and he was red-faced as heck and I could see he was pretty thickthrough the shoulders and that was it. He was still in this little pontoon boat.Uh, white guy, black guy?No, he was a white man as far as I could tell.Okay.So red in the face from being mad or drunk or what I don't know.And hair color?I wouldn't even want to say. By then I was so damn mad, you know after thesituation that-Uh, approximate age?I couldn't even tell you that.

Okay. And uh you talked a little bit about him being red in the face. Youhave any uh opinion about what his condition appeared to be?Well, at that time I had a notion he might have had a few drinks or somethingbut I sure didn't know then until a little later on when we noticed with theother officers, his actions getting out of the boat and stumbling and fallingdown on the stairs and so on.Any obvious injuries you could see on him?No, no.He complained about being injured er?He didn't saynothing about that.Did it appear he'd been dr inking at that point that you could see?

(SS/H:PDADMJN:SHERRY:Complaints/C0-05-10- 5


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I would think the way he talked, and hollered at me get ou t is this paybackpayback. I'm sure he was drinking a little bit or something.

Was his speech slurred?No, I don't think so, not at that point.Okay. Have you seen drunk people before?Yeah, lots of them.Okay, and uh the way this person spoke with you and their action, did thatlead you to believe that they may have been under the influence ofsomething?Yes, I'm positive.Okay, and besides what you described about him about describing paybackand that kind of things, or those kinds of things, did he say anything else?No, I don't think so uh, that was pretty much it. He was just had it in his headhe was going to do some payback- who or what I don't know, but I made itplain to him that it wouldn't be to this boat or my dock_____And when he said payback, what did that mean to you?Coming after the officers.Okay.And I've been around these police fo r so many years knows what goes on infact yesterday one of our boys here was in a shoot ing right over here at 240thkilled a man of which I'm sure you know about by now. And this is seriousbusiness, police work I know it. And when you star t talking payback.And uh later in the conversation you had with this person who identifiedthemselves as a Renton Officer, he said to you something to the effect thathe wasn't gonna fool with your dock or the boat.No, he-



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But there was still gonna be some kind of payback.Right, he guaranteed me he wouldn't touch the police boat or my dock orpremises, bu t there's gonna be payback. There's gonna be payback.How long did the contact last with the person that uh, that afternoon?Me and him?Yes.

Oh, about five minutes. Yeah.Prior to that day on. the 5th, had you seen this person before?Not that I know of, no.Okay, and have you seen hirri since?I'm a thinking yesterday I possibly seen him over grays shirt or something,lawn, not even in the boat, bu t might not even been, I wouldn't guarantee it,I don't know.And uh, you're talking about seeing him in a gray shirt. Is this person wasseen using his own boat and going to a house across the lake from your place.Is that right?Not yesterday.Okay.I'm just ta lk-

On the 5th, yes.Okay. And uh, so besides that uh conversation you had with person, herenear your dock, he hasn't been back over here by the dock or the boat sincethat time?Not that I know of. I haven't seen him.

(55/H:PDADMIN:5HERRY:Complaints/C0-05-10-5 ) 7


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And anything we haven't covered reference this incident that you'd like to add?I don't believe so, that 's about it. Later that night, of course on the 5th iswhen your Chief and so on all of them was here talking about the situationand how to handle it and so on and I was out here with them I guess until9:00 you know.Regarding what happened on the 5th and then in your conversations withKent Officers is there anyone you would recommend that I speak with thatwould have direct knowledge about what happened there on the 5th?

. thWell, l think uh, well the only ones that would know on the 5 would beand uh I'm not even sure I can't think of his last name now. They

come down here within 10 minutes after I had this conversation with him andthey later got on the boat and kind of took over and called uh who'sthe lieutenant and then pretty soon they got involved with- she really tookover and make sure these and didn't go face him or anything. Shewas really serious. She didn1t want somebody getting shot.As far as you know did or have any direct contact with that personthat day?

No, no. Other than said hi went by in the boat.And how about the lieutenant?No, she was just here and on the phone all the time with your guys and ourchief and so on.And shortly after uh the officers arrived which was just a few minutes afteryou spoke with this person out here um between the Kent officers and you,you watched this person with binoculars?Right, exactly. For quite awhile really. In fact we was keeping an eye on himuntil he finally went to the house and stumbled in the house.It's now. Go ahead, something else?

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And at that time we figured in his condition he probably conked out in thehouse and that's why I was like, they ended up doi.ng what they did. Theywasn't too concerned about him that night.Well, it's now about two minutes to three and unless we have anythingelse we need to cover I'll conclude the interview.No, I think that's it.Okay, thank you, this concludes the interview with on July 8 atuh- it is now 3 PM.



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Questions, July 8, 2010, 1400 hrs. (Residence)Do you have any notes or other documents that have helped you prepare for thisinterview today?Any notes that you may have taken the day of this incident or later on?So you are going on memory alone?Were you advised of an incident involving a person known to be a Renton Police Officerthat happened on July 4th in the evening hours?How did you find out about that incident?Where were you when you found out?What were the circumstances of the incident as you were told ?Did you have any direct contact with this person on the evening of July 4th ?On the 4th or sometime during the 5th did you find out about any events involving thisperson on the evening of the 4th.Did you come into contact with a person near your property I boat dock, or the City ofKent Police Boat on July 5th.What time of day?Please tell me about that contact.Did the person say who they were?Did they show you ID?Can you describe them?What was his condition? Injuries, complaint of, or AOB?What do you base that opinion on?Did you ask them if they were a Renton Police Officer?What did they say?What did you tell them?Did you warn them to stay away from your dock and the boat?What did they say?Were there what you would consider threats made by this person?


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Witness- 05-10

Specifically did they say? (Payback?)What did you tell them?How long did the contact last?Prior to this day, had you seen this person before?Have you seen them since?Did you learn any new information about this incident, later that day, the next day orlater?Anything we haven't covered reference this incident that you would like to add?Who would you recommend that I speak with that may have direct knowledge about anyof the topics we have talked about this afternoon?

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RENTON POLICE DEPARTMENTINTERNAL AFFAIRS

WITNESS OFFICER ADMONITION.CO- D s - ~ ~

Complaint NumberToday's date is J J \.,I "if J 2--o l G at I h hours. I amDEfG\""- Cttt g r 11M l ~ i - . ~ r v i e w i n gregarding a complaint of v,JBrzeom(rf


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STATEMENT OFOFFICER

COMPLAINT NUMBER: C0-05-10INTERVIEWER: Deputy Chief TroxelLOCATION: City of Kent- Lake Meridian

DATE: July 8, 20101615

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I am Deputy Chief Tim Troxel interviewing with the KentPolice Department regarding a complaint of Unbecoming Conduct as itrelates to Officer from the Renton Police Department whichis alleged to have occurred on July 4th and 5th, 2010 in the evening hours.Officer do you understand this conversation is being tape-recorded?I do.At this point I'm going to stop the tape recorder. We'l l go back and listen tomake sure it's picking up both of our voices, then we' ll continue reading theAdmonition onto the record.I've just confirmed that the recorder is picking up both of our voices and we'llcontinue with the Admonition. Officer I wish to advise you you arebeing questioned as part of an official investigation - le t me back up, Iskipped ahead.Officer you are here as a witness in the above-listed complaint. Amatter which concerns another officer. A complaint has not been filedagainst you and you are not under investigation in this matter . Officer

I wish to advise you that you are being questioned as part of anofficial investigation of the Renton Police Department. You are remindedyour answers to my questions must be truthful and accurate as possible. Doyou understand that?I do.I'll ask you to sign the Witness Admonit ion on the Witness blank. Anythingbefore we start with the questions?No.Um, do you have any notes or other documents that have helped youprepare fo r this interview today?The only thing that I've done is a supplemental to Case Number 10-7030.Do you need that report in hand to complete the interview?



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Sure, I might as well have it.Okay.Thank you.Besides this report my assumption is that you have independent memory ofthese events since they've only occurred a few days ago.I do.And what is your occupation?I'm in the SAU Unit of the Kent Police Department which means SpecialOperation Unit.And were you on duty on July 4th, 2010?I was.Your hours of work that day?I started at 11 in the afternoon until 1:00 in the morning.And you had occasion on that uh afternoon or evening on July 4th to comeinto contact with someone we later determined was an of f duty RentonOfficerThat is correct.Please tell me about that contact.Um, while working water patrol, getting ready fo r the fireworks display onLake Meridian, this was around 2200 in the evening, all the boats on the lakewere to be cleared or completed severely away from the explosive barge.Um, we had just cleared a boat that had been close to the barge and thefireworks couldn't start without that boat being moved away. And that boatnavigation lights on so we moved it away. And as I, I was in um steering theboat so we were going back to the swimming area, which was far enoughaway from the barge and I turned the boat around and I looked over to myuh starboard, or I mean my port, which would be to the um south of where I



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STATEMENT OFOFFICER

was at and I can barely see an object on the water. I wasn't sure what it was,but it was dark and I could tell that it was something. There was no lights, nonothing to indicate what it was and it was very dark on the water. So myselfand Sgt. who was working on the boat with me motored over to wherethis object was, which I later discovered to be a small, single-man pontoonboat with oars. And we discovered Mr. er uh Officer on thepontoon and we uh, er Sgt. you'll have to excuse me if I refer to him asOfficer, because he just advanced. Um, Sgt. kind of lit him up with a uh,LED l i ~ h t in out and tried to figure out who he was and he shielded his eyes,er Officer shielded his eyes and kind of acted, kind of sarcasticallylike get the light off me. And um, and Sgt. told him several times youneed to remove the boat off the lake. You have no navigation lights, youhave no sounding device, you have no PFD. And it was- he had nothing onthe boat except for a small black backpack and two oars and was sitting ontop of the plantoon, pontoon, so there was metal, I mean uh wooden setthere. And he's, Officer kinda gave him that look like what, I can'thear you, put his hand to his ear, is like whaaat I can't hear you, can't hearyou, what, what- you know. A couple of different times. So um, Sgt.he's a pretty patient guy basically said get off the lake, you know you're, it'stoo dangerous.for you to be out here. Um, and after about the 4th time,Officer goes What I can 't hear you, huh?? Get the light off me. Iyelled at him- GET OFF THE LAKE. And I've got a pretty loud voice asanybody could attest to. So uh he kind of gave me that F-U look. Um, andSgt. kind of re-controlled the verbal commands and after giving us alittle bit more flack he eventually started rowing towards the shore on thesouth side of the lake. Um, so Sgt. and I just kind of washed it off and,and so I angled the boat so I had actually passengers on my boat uh, civilianpassengers on my boat so they could watch the fireworks um, which I gottatell ya, at, later on, once we discovered the identity, it was very embarrassingoverall. Um, so I angled the boat, but I kept an eye on Officer just tomake sure that he was going to shore and that he wouldn't turn around umand he took his time. I mean you could just tell he nonchalantly went acrossthe lake and it was- as the fireworks started you could tell that Officer

was angled towards the shore, and then he turned his boat aroundso he was facing the barge again and started rowing towards the barge again.I'm like, are you serious? So Sgt. and I, I motored the boat over to um,uh, er Officer again and we made contact with him a second timeand when we approached, he started to row away from us and this is afterSgt. told him to stop a couple of times and gave us some lip so I grabbedthe 'T' hook on our boat and I snagged the pontoon and brought it close toour boat and I grabbed our tie off and tied off with him and that was whenOfficer sat back a little bit, crossed his arms and then just eyeballed,



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kind of jus t gave us the, you know the look, just the bring it on type look. Itgot me really, really, nervous cause you just could tell he was sizing Officer, erSgt. up. I mean he was just sizing him up. It looked like he was ready tofight. Sgt. identified himself you know again. Advised him that he didn'tdo what he was asked to do. Um, and by law, we could technically chargehim with obstructing and, and write a slew of tickets on him, um, and uh, andthat's when he started getting mouthy again and started yelling at us andsaying something to the degree of, and I quoted it in my report, but saidsomething to the degree of, um, is this how you treat other officers? I'm aRenton Officer, I live on the lake. I don't have to do any of that, you know.Well, I don't care i f you 'live on the lake or not, really, I don't. Um, and it waslike, both, it was like getting slapped across the face when he said he was aRenton Officer. I'm like really. Are you serious? You know another officerwouldn't treat another officer like that . And Sgt. goes, well I'm a Sgt.With Kent Police Department and your actions are just WOW, you know.Again he became uh verbal, and, a Sgt. Uh um, kept in verbal contactwith him, because I had to maintain the boat and I tried to angle my boat sowhere Officer was to the rear of us because of the officer safetyissue that was pre?ented by him, and also, my guests that were on the boat, Iwas trying to avoid having to have that, but also maintain our position, so itwas a dual, multi dual thing. Several times I had to ask one of the guests totake over um the wheels so I could back up Sgt. Um, but that was whenhe started going, my sergeant so and so, I work graveyard, and blah, blah,blah and so Sgt. goes, you know what, he looks up at, he looked up atme and asked fo r uh, he goes well fine, I'm going to call Sgt. Uh Renton.That's when I got on the air and asked for a Renton Sergeant to call me ASAP,which again was embarrassing, because obviously it's on the 4th of July. It'sthe busiest night, essentially and I know it 's busy for Renton. I was like crap,um, at any rate, um so it took about I would say, the Sergeant that called usback, you'll have to forgive me, I don't know the name, um, called us backwithin a very short amount of time. Um, and I immediately handed thephone. I didn't answer the phone, but I handed it over to Sgt. at, so Ican watch Officer because he was just, he would fluctuate in hisemotions being just real cold, steel, eery, to yelling, argumentative and I wasjust taken aback. The e-uh, through the time that Sgt. was trying toexplain to the Renton sergeant of the contact and that you know, we believethat Officer was under the influence he kept yelling out, you're lying,oh good, yeah, you're making it real good for me, oh yeah, yeah, keep lyingyou know, you're full of it, blah, blah, blah, so Sgt. had to inter-uh, uh,sorry, lost the word, um interrupt his conversation with the Renton Sergeantto re-direct Officer to you know to stop. And um, he's like, what areyou going to do, arrest me.



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He kept saying that over and over again. We don't want to arrest anotherofficer. But you know obviously when it comes down to officer safety andbeing belligerent and out of control, we'll do what we need to do, but wereally didn't want to do that. Um, so Sgt. finished his conversation withuh the sergeant from Renton. Um, and at that particular time he hung up thephone, handed it back to me and so, Sgt. directed me to take him to theshore, so I maneuvered us and the small boat, the pontoon to the shore. Sgt.

gave the instruction to Officer to take the uh pontoon ashore and not come back out on the lake again, period, for the night. Um, thatbeing said, while he was doing that- the most eerie part came when as Iturned the boat to go, he was eyeballing my guests in the front which I gottasay were minors, you know, they're my kids uh and Sgt. wife, um, hewas eyeballing them and he was eyeballing Sgt. and he was eyeballingme with his arms crossed again and saying, have no fear, I have to refer to myreport because um, he said, I'll make sure to pay this uh favor in full. And itboth took Sgt. and I off guard, like what did you just say? Are youthreatening me? Are you- and that was you know Sgt. I mean Officer um

looked at Sgt. and said, and was eyeballing him directly and herepeated the same term and uh Sgt. like to me that sounds like athreat. Are you threatening me? And he's like, you take it any way you wanti t - to that degree. Or you can take it however you want it. And uh, youknow you get to the point where you go, wow, really, this is embarrassing,beyond embarrassing. Um, so we motored up to close to his dock after hegave us instructions port and then he said starboard a couple of times, but itwas more like slobbard, and I go starboard, slobbard, and in that regard itwas kind of funny thinking about it now. But um, we disconnected once wegot close to the dock, um and as he was paddling away, you could just hearhim, I wasn' t clear with what he was saying, but it was obviously more harshdirections at us um. Ijustwanted to get the heck out of there with my guestsand that concluded our contact with him.The first time you had contact with him out on the lake, uh, you, uh fromwhat I understand you had not identified him as an officer or even by nameas a citizen at that point.No, no, we, we didn't, we didn't want to ask names you know, we justwanted to give him the benefit of the doubt. Fourth of July as you well know,brings out a.lot of the celebration on that, thank you for bringing that up,yeah, when Sgt. had asked about his name, he said andhe had asked what's your middle initial, "figure it out". That was what hekept saying. "figure it out". What's your date of birth? "Figure it out," Youknow so, that was prompting us to have to call Renton to find out if he

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actually was, because we couldn't confirm who he was. You know anybodycould say who they were you know. We had asked for his address, er Sgt.

had asked for his address and he said, "1440"- Sgt. like, that'snot a complete address, what's your address? "1440" and just giving him theblank stare. Okay, he's like figure it out. It was like a challenge. He waschallenging us. So yes.Okay, and um, so his conversation about figuring it out with the date of birthand the middle initial, that was during the second contact.That was.Okay. Uh, is being drunk on the lake a crime?Being in control of a motor vehicle is.A BUI basically.A BUI.Besides the BUI and you mentioned earlier, obstructing, could be a possiblecharge, were any other crimes that came to mind that would have applied?He could have an infraction sent to him that went from everywhere from nosounding device, no navigational lights, no PFD, um, he was-A PFD fo r the record -Sorry, portable flotation device.Thank you-Like your life vest.Somebody's going to transcribe this and they're going to go what's a PFD.Personal flotat ion device.Okay, thank you.Um, and uh, the big key was being out on the lake after dusk withoutnavigation lights.

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All right. So the topic about employment. Was that basedupon a question you guys had or is it just something that he um blurted ou ton his own?We never asked about employment. We never asked uh where he worked oranything like that. It was his response to how we were talking to him of yougotta get of f lake, I don't care if you live on the lake, I don't care aboutthat. You need, watch the fireworks on the shore. And uh, he goes uh, hesaid something to the degree of I see this is how you treat other officers. I'mwith Renton Police Department. Really, okay, Wow.Did uh, did you ever ask for or did he show any kind of picture identification?None.Either a driver 's license, ID card, or any kind of Renton PD commissionedcard, anything like that?He didn't show anything and that's why we had to make that call.Uh, can you describe him physically?Well, you know Bill Judd. He looks a lot like, at firs t it took me by surprise,I'm like, Holy Smokes, that's not Bill! Uh, but he looks very- to me he lookedvery much like Bill Judd. Um, kind of not thicker in stature, but uh, a biggerguy. Um, and uh, yeah, he looked to me like Bill Judd.White male.Oh, okay, I guess if you want that type of description, yes. He was a whitemale. He actually had a hat on, a baseball cover which was uh orange andwhite and some uh shorts, which were the khaki, and a shirt, and I can'tdescribe the shirt.Approximate age if you know.To me he looked to me between 28 and 35.Uh, you mentioned before that you guys thought because of slurred speechand some other um displays of behavior that he might be under theinfluence?



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Yeah, believe that uh, his mannerism, his attitude, Sgt. and I both sawthe bottle of Southern Comfort on the pontoon. Like I said, we didn't knowwhat he had in his backpack. Um, because that was facing with the open- hehad an open backpack that actually was facing on its back, but the zipper wasundone and it was facing forward of the pontoon next to him so we didn'tknow what was in the bag. But his appearance and his actions and his slurredspeech to us indicated that he was possibly under the influence of liquorand/or drug.And the pontoon boat uh enough room for more than him?No, it was just a single-person pontoon boat which a lo t of fisherman use.And he was the only one on it at that time.He was the only one on it.Uh, besides the bottle of Southern Comfort any other direct observations ofother alcohol containers or drug use or anything like that that you guys couldsee?Due to the darkness of the evening, um and we had the light shown on him,all we could see was the uh- you really don't have a lo t of room on thepontoon boat itself so the only thing that we could see was the uh bottle ofSouthern Comfort.And what was your impression about why this person said they were aRenton Police Officer?I had no idea. But I tell you what man, again, I repeat, it blew me away.don't know if he was looking for us to let him go um. I have no idea why hewould identify himself. I wouldn't . I mean reality wise, I wouldn't, if I wasbeing turkbowll wouldn't identify myself. But that's just me.Uh, did it appear to you that uh Officer had 1-D'd himself in an effortto be treated differently than a member of the general public would undersimilar circumstances?That was one of my reasons, thought of why he may have identified himself.I really have no idea why he would do that. But, that was, you know whenmostpeople get stopped they usually ident ify themselves. Hey, I'm with so



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and so I didn't realize I was doing it, I'm sorry. You know, it's professionalcourtesy is to what normally is extended. But, that just, like I said, I don'tknow why, treating us in the manner that he treated us, if that was going toget clear of whatever I don't know.You talked about how he treated you, did you guys, did you and Sgt.treat him any differently because he identified himself as a police officer thanyou would have Joe Blow citizen that lives on the lake that night.I think once he identified himself as a police officer, because of his actions,and his, his attitude, and his blatant disregard um of respect, um, I think wedid treat him different ly after we identified, or he identified himself, becausewe were so taken back by why he was doing what he was doing and treatingus that way. I think we may have been harder on him because, in the respectof, what were you thinking? You know, we are going to notify yourcommand. You know, because that was totally inappropriate, and plus,you're saying who you are, but we can't verify who you are because you'retelling us to go figure it out. Well, now we have to go figure it out. Youknow. I, would we have arrested him if he a civilian and we didn't know thathe was Renton PD? Because of the circumstances, we probably would havedone the same thing to another citizen is just to motor him home unless theyuh brought on a complication physically and like I said I, I was reallyconcerned that he was looking to have a physical confrontation with Sgt.

Uh, comments about uh returning the favor someday orstatements to that affect. Did you take that as a threat?Yeah. Especially- and I, and I, I think I mentioned this to you before. I'veonly seen this look in somebody's face in two incidences in my life. The firstincident was right after we caught Edward Cobb cause myself and myhusband caught um Edward Cobb right after he shot and killed the gentlemanat Arty's. And the look of just intense, for lack of better word, evi.l in his faceand that just chilled me to the bone and I, and the second time I saw this wasOfficer face towards us. I mean it was just like, wow, Holy Smokes.So yes, I took it very, very seriously.What do you think's going to happen based upon his threat? Or what youconsider his threats?At that time, I thought maybe he was just gonna hopefully go home and sleepit off and then fall on a sword later on and say you know, he screwed up you



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know and I'm sorry I should never have done that type thing. Um, but itsolidified the threat when he did the following day action and I didn't knowabout it until Tuesday which was the 6th. Um, I went into high alert to behonest with you. I mean you don't have another officer threaten anotherofficer like that. Um, I don't live hiding behind walls and going oh, it's goingto happen to me. Um, but I'm also very hyper vigilant of my family's security.So, as being a mom of three littl.e ones, don't give me that threat, especiallyfrom another officer. I take more serious than I would Joe Blow down thestreet.And you're still assigned to duty that includes patrolling Lake Meridian.That's correct.Do you have any concerns about being back up on patrol at Lake Meridian?Yes, actually I do. Um, tomorrow I'm supposed to be there from uh I thinkten in the morning until eight at night for an event that's going on and thenon Saturday for dragging boats. I don't know what kind of weaponry this guyhas. I don't know where his mental state is outside of the fact that to me heappears to be in a crisis. Um, and we just had an officer involved shootingthat was suicide by cop. I mean, you just, you can't tell, you don't know. Um,and I just I pray to God that Officer finds that needed help.

Uh, on the night of the 4th, uh, how long did your contact with him last fromthe point you first motored up to him at the first contact until you releasedhim back at his dock?The uh fireworks show started at 2200 and it was delayed five minutes so itwas between 25 to 35 minutes.And prior to this day on the 4th and the contact with uh with hadyou seen him before?Never.And have you seen him since?I have not, I have not been up at the lake.



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And uh, since the events of that day andthe next day, oh excuse me, sincethe events of July 4th, have you learned about another incident later that dayor the next day that occurred up on the lake involvingI did, um I was advised, I was given a call by my husband to advise, er to tellme that another incident occurred on the, well actually, I've learned a coupleof incidents because uh when I got back to the lake, uh the station I wantedto know if anybody knew Officer and this is after we cleared the lakeand I talked to another off icer and he had advised that he had arrestedOfficer

and I'm like oh, well that's, maybe that might be a part of the reasonwhy he's going through crisis, I don't know. Um, I kind of washed it off. Andthen um, I worked on the morning of the 5th after coming back told Sgt.or Lt. about the incident to inform her cause I wanted people to knowyou know, people that weren't working to know. Um, and then on Tuesday,the 6th, my husband had called me prior to going to work and saying just soyou know uh another following incident occurred on the 5th with Officer

over at house which um reinforced some of his threats that hehad made the, the night of the 4th. And um so with that being said I calledSgt. at home to let him know what was going on and to read his workemail because all the sergeants had gotten an updated info of the incidentthat had happened on the 4th and 5th. Um, so, which heightened my sense ofsecurity for my home and my children so I kind of did some preplanning athome to make sure my little ones were taken care of um and then just kindof, just kind of been on edge a little bit just until I figure out where thisgentleman's going with his life.You mentioned that uh your husband called you to tell you about some stuffthat happened on the 5th and that uh may have I think the word you usedsolidified the threats made the night before. Can you talk more about whatthhappened on the 5 that-Well, what was told to me was um, Officer had paddled over to uh

and it's not Gerber, I think it's uh-thank you. Poor guy, I always call him uh Gerber, and that's his

sister's name. Um, so he had paddled over to Mr. uh residence, dock,uh where we moor our police boat and Mr. and Ms. Gerber is alwaysallowed us to keep our boat there. And he struck up a conversation withand this is what was told to me was that he had struck up a conversation with



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um and then somehow brought up the fact ofme and, and Sgt. andthat was when Mr. recognized, hey wait a minute, you're the Rentoncop, or you're the Renton cop. And he said, yeah I am, and Mr.directed him off his dock and out of his area arid as he was rowing away hemade several comments uh reinforcing the threats that he had done thenight before about making payment right and, and all that fun stuff, which Idon't know the exact terminology that he used or the right words orwhatever, I wasn't there obviously. But um that was what was passed and

believed that the threats were pretty ace-pretty strong. So that's why hecalled Officer I believe and that's how Officer and Officergot involved and Lt. and then the Chiefs.Uh, is it, your impression, it sounds like was the one that heard thosethreats on the 5th?That's correct.And were any Kent officers or other Kent folks there at the time the threatswere made that you're aware of?From what I understand, the only person that heard those type of, that hadany contact with Mr., or Officer was uh Mr.Anything we haven't covered reference this incident you would like to add.No, I just hope that Officer finds some peace and help and umsolidness back into wherever he used to go.And just so I have my bases covered um you mentioned Lt. Sgt.um, and I think there 's a couple other officers that were out there on theil i .night of the 5 . Can you name those folks fo r me?Yeah, it would be Officer , Officer uhand I believe those were the only other officers that were involved.Obviously Lt. and Chief Strachan.Right, it's 3:45. We'll conclude the interview with OfficerThis is Deputy Chief Tim Troxel.



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Ofc Questions, July 8, 2010, 1600 hrs. (Kent PD)Do you have any notes or other documents that have helped you prepare for thisinterview today?Any notes that you may have taken the day of this incident or later on?Besides the reports, do you have independent memory of these events?What is your occupation?Were you on-duty on July 4, 201 0?Your hours of work that day?Did you come into contact with a person known to be a Renton Police Officer?What time of day?Please tell me about that contact.Did the person say who they were?How did the topic come up about this person's employment?Did they show you ID?Can you describe them?What was his condition? Injuries, complaint of, or AOB?What do you base that opinion on?Did you see any evidence of drugs or alcohol in his boat?What was your impression about why this person said they were a Renton PoliceOfficer?Did it appear to you that this person had IDd themselves in a effort to be treateddifferently than a member of the general public in similar circumstances?What did they say?What did you tell them?Did you give a warning or warnings? How many?What did they say in response?Were there what you would consider threats made by this person?


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Specifically what did they say? (Payback, or Return to favor someday?)What did you tell them?How long did the contact last?Prior to this day, had you seen this person before?Have you seen them since?Did you learn any new information about this incident, later that day, the next day orlater?Anything we haven't covered reference this incident that you would like to add?Who would you recommend that I speak with that may have direct knowledge about anyof the topics we have talked about this afternoon?

o3&t{l.vvr\ t i ~ .." V ' L ~ J 5 ?

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RENTON POLICE DEPARTMENTINTERNAL AFFAIRS

WITNESS OFFICER ADMONITION c( o-- o'S .._ {10Complaint Number

:J"VL_: ~ ~ ~ 0 \ 0 at --,---l_l_fs--____ ours. Iam" " " ' b ' - - ~ [ - - - ' c . - - = = - - _ _ _ _ _ . T \ _ _ _ : _ J . _ . ; M ~ - - ~ - ' - - r .:_-;Zo _:_>(_t'_L_ interviewing SG:f\.)Today's date isregarding a complaint of - - - - - - = v _ , , . J _ 6 _ ~ _ C O _ I h _ , . : . . . : . , J : _ t r . : : _ _ _ ( . . D . : : _ _ . : . . . . . . r - J - ' - O J ~ c . . . . ; ; _ - _ _________which is

No)'5&-T. . , you are here as a witness in the above listedcomplaint, a matter which concerns another officer. A complaint has not been filed against you,

and you are not under investigation in this matter.S G-r. , I wish to advise you h a ~ J . a - ~ l t ~ ~ E H : g ~ e . s . J J

as part of an official investigation ofthe Renton Police Departme...Qrdsrs do apply in this matter and that -,oa must truthl'Ulty respond. Any refusal to n ~ s p o n d mayresult jn disciplinary action as out]jned in GeneraJ Orders Section 28.1. "1\)Vf'J- A J ~ ~ss, 6 L C .v :Assigned Investigator

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STATEMENT OFSERGEANT

COMPLAINT NUMBER: C0-05-10INTERVIEWER: Deputy Chief TroxelLOCATION: Kent Police Department

DATE: July 8, 20101715

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I am Deputy Chief Tim Troxel interv iewing Sergeant from the KentPolice Department regarding a complaint of Unbecoming Conduct alleged tohave occurred on July 4th, 2010 in the evening hours involving off duty Officer

from the Renton Police Department. Sergeant do youunderstand this conversation is being tape-recorded?I do.I'm going to stop the recorder at this point just to make sure it's recordingaccurately and also it's picking up our voices.We're back on the record. The recorder is picking up both of our voices.Sergeant do you understand you are here as a witness in the abovelisted complaint, a matter which concerns another officer. A complaint hasnot been filed against you and you are not under investigation in this matter.Sergeant I wish to advise y

Documents

4 _Renton Police Department Public Records