HomeMy WebLinkAboutEXHIBIT P3 NOTICE 20TR-0005 Sept 17CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
______________________________________________________________________________
Police Administration, 969 Petaluma Boulevard North, Petaluma, CA 94952
(707) 778-4370 Fax (707) 778-4502
DATE: September 17, 2020
TO: Lance Novello, Sergeant
FROM: Ed Crosby, Lieutenant
SUBJECT: INTERNAL AFFAIRS INVESTIGATION # 20TR-0005
FINALIZED NOTIFICATION
________________________________________________________________________
This notice is to inform you that the Petaluma Police Department is currently involved in an investigation
regarding your on-duty conduct on July 20, 2020.
The purpose of this investigation is to determine if you committed any Petaluma Police Department Policy
Manual or City of Petaluma Personnel Manual violations or violations of the California Penal Code during this
incident, specifically regarding the following:
Petaluma Police Department Policy section 340.5.9 (b), Conduct:
Unreasonable and Unwarranted force to a person encountered or a person under arrest.
Petaluma Police Department Policy section 340.5.9 (c), Conduct:
Exceeding Lawful Peace Officer Powers by unreasonable, unlawful or excessive conduct.
Petaluma Police Department Policy section 340.5.9 (f), Conduct:
Discourteous, disrespectful, or discriminatory treatment of any member of the public or any member of
this department or the City.
Petaluma Police Department Policy section 340.5.9 (g), Conduct:
Use of obscene, indecent, profane, or derogatory language while on duty or in uniform.
Petaluma Police Department Policy section 340.5.9 (m), Conduct:
Any other on or off-duty conduct which any member knows or reasonably should know is unbecoming a
member of this department, is contrary to good order, efficiency or morale, or tends to reflect
unfavorably upon this department or its members.
Petaluma Police Department Policy section 340.5.9 (h), Conduct:
Criminal, dishonest, or disgraceful conduct, whether on or off-duty, that adversely the member’s
relationship with this department.
California Penal Code section 243.4 (e)(1)
Any person who touches an intimate part of another person, if the touching is against the will of the
person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is
guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000),
or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(2) As used in this subdivision, “touches” means physical contact with another person, whether
accomplished directly, through the clothing of the person committing the offense, or through the clothing
of the victim.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a
female.
California Penal Code section 242
A battery is any willful and unlawful use of force or violence upon the person of another.
California Penal Code section 149
Every public officer who, under color of authority, without lawful necessity, assaults or beats any person,
is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail
not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and
imprisonment.
The terms of your Administrative Leave as noted in prior notifications remain in effect until further notice.
I would like to schedule an interview date for Internal Affairs purposes regarding the above listed allegations
for some time during the week of September 21 through September 25, 2020 preferably during regular
business hours (0800-1700).
The Sonoma County District Attorney’s Office is conducting a criminal investigation on this matter. Because
of this, at the time of the Internal Affairs interview, you should expect to be informed of your Miranda Rights
(i.e. to be given a Lybarger admonition).
My preference would be to conduct an “in-person” interview (taking social distancing and COVID-19
precautions into account). However, I am agreeable to conducting this interview remotely via “ZOOM” or
some other comparable social media application.
Please advise your availability for an interview and preferred method as soon as possible.
Sincerely,
Lt. Ed Crosby #1749
Petaluma Police Department
707-778-4325
ecrosby@cityofpetaluma.org