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HomeMy WebLinkAboutEXHIBIT B Report 20TR-0007_RedactedIncident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department 07/07/2020 02:13 07/07/2020 02:10 Date/Time Found 07/07/2020 02:13 (PE3341) SHOLIN, GARRETT SYCAMORE LN / WHITE OAK CI, PETALUMA, CA 94952 Incident Information Date/Time Reported Date/Time Found Officer (PE2363) NOVELLO, LANCE Supervising OfficerIncident Location 2648 CLEARED BY ARRESTCLOSED/CLEARED Case Status Disposition Location Comments Incident Synopsis Charges 1 Description Statute UCR OBSTRUCT/RESIST/ETC PUBLIC/PEACE OFFICER/EMERGENCY MED TECH 148 (A)(1) PC 13C Att Com ¨ þ Charge Type Alcohol, Drugs or Computers Used Alcohol¨Drugs¨Computers¨ Location Type HIGHWAY/ROAD/ALLEY Premises Entered Forced Entry Yes¨No¨ Entry Exit Criminal Activity Weapons 1. 2. 3. State Bias Motivation Bias Target Bias Circumstances Hate Group 2 Description Statute UCR (FEL) VIOLATION OF PROBATION 1203.2 PC 90Y Att Com ¨ þ Charge Type Alcohol, Drugs or Computers Used Alcohol¨Drugs¨Computers¨ Location Type HIGHWAY/ROAD/ALLEY Premises Entered Forced Entry Yes¨No¨ Entry Exit Criminal Activity Weapons 1. 2. 3. State Bias Motivation Bias Target Bias Circumstances Hate Group Page 1 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department Narratives Officer Garrett Sholin Report 20-2263 07/06/2020 On 07/06/2020, I was on patrol in full police uniform in a marked police vehicle. At approximately 0213 hours, I was dispatched to the report of a black male and white female who appeared to be going through a mailbox in the area of Sycamore Lane and White Oak Drive. As I drove down Sycamore Lane, I saw a flashlight at the end of the road near the cemetery. It then seemed to disappear as it moved northbound out of sight. I arrived at the entrance of the cemetery and exited my patrol vehicle. I walked westbound and saw a male on a bicycle who appeared to have been attempting to hide behind the entrance pillar. He identified himself as and said he was on probation out of Sonoma County. A records check revealed he was on felony mandatory supervision . Some of the terms were search and seizure of his person and property and not to possess weapons. Officer Weldon and myself detained him in handcuffs, checked them for proper fit, and double locked them to prevent tightening. He told us he was hanging out down there with his girlfriend " who lived with her father somewhere in the cemetery. He did not know her last name but claimed one of the mailboxes was hers. He told us there was a third person there named " but he had since left the area. He did not know where left or what her exact address was. I went and inspected the mailbox and noticed the one labeled " " was unlocked. There were magnets on the front of the mailbox and it was filled with empty packaging for a medical ace bandage, an empty beer can, and advertisement mail. I had Petaluma Police Department dispatchers record check the resident of Sycamore Lane, and they advised it was and provided me with his telephone number. It was at that time that Sergeant Novello went to check other mailboxes in the neighborhood. Sergeant Novello saw there was a person leaving on a bicycle from behind his patrol vehicle and attempted to stop her. Shortly after, I heard over my police radio that she was being uncooperative and combative before she was detained. She was identified as See Sergeant Novello`s supplemental report for details. I called who said that had gone down to the mailbox to get his medication that was previously delivered and she was gone for approximately thirty minutes. He was in a wheelchair and was unable to get it himself. He was not sure why she had been gone for so long just to get the mail. I performed a search of `s person and property. Inside his backpack, I located a folding, liner lock Page 4 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department Narratives style pocket knife. Based on his probation stating he was not to possess any weapons, I believed he was violating the terms. On his left leg, he had an open wound which he referred to as a type of ulcer that gets infected constantly with MRSA. He said he had just been to the Sonoma County Jail several weeks prior and needed medical clearance before acceptance. I called Sonoma County booking, who advised they were familiar with and his condition. I spoke to their intake nurse about it, and she told me he would need medical clearance or he would not be accepted. At approximately 0306 hours, I advised he was under arrest for violation his probation, 1203.2(a) PC. Due to his medical state, I issued him a citation with a promise to appear on 09/08/2020, at 0830 hours at the Sonoma County Superior Court. He signed the citation and was released without incident. Officer Lundgren responded to `s residence and delivered his medication to him. I booked the pocket knife into PPD evidence. During the investigation, I was wearing my Body Worn Camera (BWC). My BWC may have been deactivated at times during the investigation but only when the video was determined to have been fruitless, when it was not prudent to activate the camera, or while I discussed case strategy/tactical planning with my partner(s). While BWC recordings can provide an objective record of events, it is understood that video/audio recording may not necessarily reflect the entire experience or state of mind of the Officer and or the involved parties in a given incident. In some circumstances, the BWC will capture information that may not have been heard and/or observed by the involved Officer/Officers. Similarly, there will be situations where the BWC will not capture information that was heard and/or observed by the involved Officer. This report is a summary of the events and statements of the involved parties and not meant to be a transcript of the statements of the involved parties verbatim. Please refer to the recording for exact statements. Case Status: Closed by Arrest. Page 5 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department Page 6 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department 07/07/2020 04:35:56 EVIDENCE (PE3415) CLARK, RICHARD Supplement Information Supplement Date Supplement Type Supplement Officer (PE2363) NOVELLO, LANCE Supervising OfficerContact Name 2648 Supplement Narrative On 07/07/2020, at approximately 0228 hours, I arrived in the area of Sycamore Ln/White Oak Cir to assist officers on a suspicious persons detail. The reporting party told Petaluma Police Department dispatch that a male and female, both associated with bicycles, were going through nearby mailboxes. While officers were speaking to one of the involved parties, a female subject on a bicycle was seen riding east on Sycamore Ln, away from officers. The subject, later identified as turned north on Acorn Dr and was eventually contacted by Sergeant Novello in the 100 block of Acorn Dr. As I turned north onto Acorn Dr, I observed Sergeant Novello talking with on the sidewalk. I exited my patrol car and saw Sergeant Novello attempt to detain by grabbing her right arm. She pulled away in an effort to free her arm from Sergeant Novello`s control. I grabbed `s left wrist and attempted to put it behind her back. She told us she was then "solid" and sat down on the curb. As I removed her backpack from her left arm, she was able to pull away from my control and began to resist being placed into handcuffs. She tensed and pulled her arms while rolling her body on the ground. Numerous times throughout this incident, Sergeant Novello and I ordered her to comply by telling her to "give us her arm" and "stop resisting." After a brief struggle on the ground, I was able to apply handcuffs and detain her. After handcuffs were applied, she began rolling her body to try and get into a position on her backside. Several other officers showed up and assisted in controlling CASE STATUS: Refer to original report. Page 7 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department As I was by myself in a dark neighborhood, investigating possible mail theft involving a known felon, who admitted being with a female on a bicycle, who was not following my orders, and her bulky clothing, I attempted to gain control of `s right wrist for my officer safety. She immediately pulled away. I was able to grab her wrist, but she pulled away again and twisted her body away from me. Officer Clark arrived and quickly grabbed a hold of her left wrist. She stated, "Okay. I`ll have a seat" and she sat down at the curb. However, she continued to tense her arms outward, making it very difficult to bring her wrists together behind her back to a handcuffing position. While Officer Clark and I maintained a hold of `s wrists, she continually stated, "I`m done." I attempted to remove her backpack, not knowing if it contained any weapons. She then began twisting her body and stated, "No. My father`s medication is in there and I have to get to the house. Don`t even fucking take it. You better not take it. Just fucking run my name and do what you got to do. Seriously. I live right fucking here." Once we removed the backpack, Officer Clark attempted to handcuff Tomasini`s left wrist. She immediately pulled her arms away from us and twisted her body down and away, causing her to roll onto her back. I attempted to use her right arm to, in effect, stir her onto her stomach, but she continued to resist. I continually ye lled, "Police. Quit resisting!" I eventually got her onto her stomach and initially used my knee on her back to hold her down. However, she continued to roll away, at which point I used my full body weight and laid on her back, still attempting to gain control of her right arm. I performed one opened palm distraction blow to her right face thinking it would cause her to comply, but she did not. She laughingly asked, "Are you guys even real cops?" Even with my weight on her, she was able to tense her arms enough that Officer Clark still could not handcuff her. Other officers arrived, assisted Officer Clark, and was finally handcuffed. During handcuffing, she continually stated, "I can`t breathe." I immediately stood up and stepped away, at which point, she was brought up to a sitting position. She had no further complaints. The total time she verbally and physically resisted was just over three (3) minutes. Based on `s physical resistance and refusal to comply with clear orders during a police investigation, I believed probable cause existed to arrest her pursuant to 148(a)(1) PC. As was claiming to be a resident of Sycamore Lane and her father was I telephoned him. He verified who she was and told me she had gone down to their mailbox approximately 30-minutes prior to retrieve his medications. I asked if he was aware of He was not. was eventually brought to a sitting position on the push bar of my patrol vehicle. I advised her she was under arrest for resisting and read her Miranda rights to her. While doing so, she was interruptive and told me she knew her rights. When I finished reading them to her, I asked her if she understood. She replied, "Yeah. I know all that stuff. I understand that. She waived her rights by asking me questions and freely answering my questions without contest. I asked why she rode away from her driveway and around the corner while the officers were present. She replied, "Because you guys were at the gate conducting some kind of something. So, I didn`t want to squeeze through there and say excuse me and interrupt whatever you were doing." I asked her about She denied knowing anything about him and claimed he could be a "stalker." I then explained what the neighbor reported, that the officers contacted a known felon with theft history who stated he was with Page 9 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28 Incident/Investigation Report Agency:Case Number:20-0002263Petaluma Police Department and the fact when I contacted her, she refused to comply with my orders. I asked her if she could understand how it added up and appeared to a police officer. She then agreed and understood. I spoke with and asked about his relationship with He told me he had been staying in her bedroom for the prior six days and suspected she could be using controlled substances. Later, at the PPD booking area, I asked who was seated in the rear seat of a patrol vehicle, if she sustained any injuries. She denied any injuries or discomfort. Officer Chanin-Meiers took complete digital photographs of and told me she actually sustained an abrasion to her face and foot. I sustained abrasions to my fingers and discomfort to my left thumb. Officer Chanin-Meiers also took digital photographs of me. was transported to and booked into the Sonoma County Jail. I uploaded my BWC footage to Evidence.com. Case Status: Closed by Arrest / Refer to Officer Sholin`s main narrative and arrest of Page 10 of 10Report: r_lw1ni.frx Printed by: 1012690 at 8/5/2020 09:28