Notice of complaint related to 2022-0129

OF
CLAIM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
March 4, 2022
ICMS #: 2022-0129
On February 28, 2022 the OPO received an online complaint.
The complainant alleges: My name is
On
or
at approximately
Officers came to my home at
, on
a call from my girlfriend or the neighbor. These officers came, drew guns on me while I was just
sitting in my truck resting in my own driveway. They made me get out, get on my knees and they
placed me in handcuffs and then in the back of the police car. I had no idea what was going on at
the time. They attempted to search my truck which I objected to. Then they went into my home to
talk to my girlfriend
I'm guessing they talked to her for 10-15 minutes or SO before
coming back, letting me out of the police car, taking the handcuffs off, giving me back my keys
and wallet, and telling me that I was not under arrest, but then keeping me detained in the back of
the police car for another 20 minutes or so!! Finally, one of the officers came and asked me if I
would talk to the detective and I said yes because I thought the detective was there at my house,
and she
was, but this is not who they meant. Instead, the officer drove me
approximately 15 minutes from my house to
escorted me into the building and into a room that appeared to be a locked interview room with
cameras and padding all over the walls. I sit there for a while waiting and then tried to open the
door but was locked in! Not sure how long it was but a male detective (Believe his name is
finally opened the door and the first thing I told him was that I had been up since
or SO as is
my daily routine, that I was exhausted and confused as to what was going on and that I wanted to
go home or else that I needed an attorney. I reiterated this several times for what seemed like the
next two hours or so, but this detective would not listen to me, and he continued to question and
bagger me until I just could not take it any longer at which time, I refused to answer more questions.
This detective left and came back with some type of test trying to get my DNA. I refused and at
this point I begin to go into a panic attic, my stomach went completely empty, I got dizzy, I was
shaking uncontrollably, and my chest was hurting SO badly that I dropped to the floor and requested
EMS. Notwithstanding my medical emergency situation, this detective and two police officers
ignored me, picked me up and started to make threats to charge me with other crimes and force
me to pull off my pants and swab my penis if I did not cooperate!! Because I was having a panic
attack and was being threatened with physical violence and charges, I had to cooperate but did
state very clearly that I was doing SO against my will. By this time Detective
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showed up and give the order to arrest me. So, after being seen by the medics I was taken to jail
and booked in on the false charge of attempted sexual assault and also on a warrant from a charge
over 20 years old for reckless driving. The following morning, on
Detective
came to see me with a warrant to collect my DNA at which time she attempted to
interview me again. She informed me that she was the new, lead detective, acted as if she did not
know anything from the interview the night before, and also acted as if she just wanted to know
my side of the story and know the truth. Fortunately, the jailer the jailer was not able to get the
interview room open and I did not have to talk to
at this time. I made my bond
on
and shortly thereafter I was able to obtain a copy of the Affidavit for Warrant of Arrest
and Detention. Upon reading this document I immediately realized that Detective
filed a false police report in order to charge me with a crime of attempted sexual assault
and arrest me. Because
is my neighbor and we have been friends since she
moved in months ago, I called her and had an 11-minute conversation with her about the statements
that my girlfriend and Detective
made in the report, i.e., "The victim knew the neighbor,
had heard
sexually assault the victim before as this was a frequent occurrence." I
had this call on speaker SO others with me could hear that I was very respectful and just wanted to
know if
had said this because from previous conversations with
she had stated
that she could never hear me playing my loud music, the same as what I told her, that I could never
hear her when her and her friends were partying. In response to my question, she adamantly denied
ever telling my girlfriend or the detective or anyone else anything like what Detective
wrote in the report in order to secure the warrant from the Judge.
even texted me later
and denied making any such statements. Other false statements in this Affidavit for Warrant of
Arrest and Detention are that: 1. I am
ex and we have been living together for several
years but are no longer dating, 2. That
and I have our own bedrooms, 3. That the last time
and I had consensual sex was summer of
4. That I ripped
pants, broke
iPad, and poured beer on
5. That I did not stop when
told me she did not
want to have sex, and 6. That I was uncooperative with the police. DETECTIVE
WROTE ALL OF THIS IN THIS REPORT BEFORE CONDUCTING ANY REAL
INVESTIGATION INTO ANY OF THESE STATEMENTS AND SHE DID THIS
MALICIOUSKLY IN ORDER TO SECURE AN ARREST WARRANT FROM THE JUDGE
AND OTHER WARRANTS FROM THE JUDGE!! On
or
I spoke on the phone
and in Correspondence with Detective
concerning having an interview with her in order
to show her solid evidence that all of her statements in her report are false. She claimed not to be
taking sides and to sincerely just want to know my side of the facts, that, if I could prove, she
would be willing to speak to the state/prosecutor and have the charge dropped. Because she
continued to act as if she did not know anything at all about my interview with the first detective
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on the night of the alleged incident, I confronted her about this respectfully which she reluctantly,
finally, admitted to. It should also be noted that I have asked her numerous times in person, over
the phone and in writing for the name of the first detective who interviewed me, but she does not
want to release the name to me. I believe this is SO because they all know they violated my federally
and state protected rights as well treated me very badly that night without having any real solid
evidence for doing SO. On
, at
Detective
called me, and we
had a 36-minute conversation concerning this case. During this conversation, notwithstanding her
claim that she just wanted to find the truth and hear my side of the story, Detective
was
trying to twist my words to make it seem like I was saying something threatening and harassing to
witnesses by asking questions to the witnesses (which, for the record, I did not know
was/is a witness in the case since
had told me on the phone and in text that she did not
want to be involved in this), and then Detective
stated, "I Speake for
and you
are not to contact her again." At this point it became obvious to me that the reason she did not want
me to speak to
any further is because (I believe) not only does she not want anyone
knowing the truth that
never made the statements Detective
wrote in the report,
but also, she did not want me finding out about other illegal activities that she may be involved in.
On
, Detective
through her Sargant, made an attempt to have a Judge issue
some order that I had violated the Emergency Protective Order because my girlfriend
was
saying that she felt harassed and/or threatened by my correspondence with her, which was never
harassing or threatening, and
never told me she felt this way about it. On
, the
VERY NEXT MORNING, at
my girlfriend
INITIATED conversation with me in
text and continued talking to me throughout the day until
,
which lead me to suspect that
once again Detective
was trying to control this case and keep from being found out that
not only was she falsely representing witnesses but may even be coaching these witnesses along!!
In addition to reasons above for believing that Detective
may in fact be leading witnesses
on and coaching them as well attempting to cover up lies and false reports she has made, on
my girlfriend begin texting me a
about
,
and I needing to
arrange to care for my dogs because she was leaving town for the weekend. I said no because
according to the EPO I was not allowed within 200 yards of my own home and both
and
told
that they did not want to get involved. On
,
I attempted to reach out
to my girlfriend
concerning the dogs and if she was leaving town, but she would not answer.
Being concerned and knowing that I could not go to my home, I asked
to please go check
just as my girlfriend
had requested us to do. When
arrived at my home at
approximately
or so, she approached the front door where she could clearly hear a man
talking to
(Due to previous, recent problems
was not supposed to have anyone in
my house) but was not able to make out exactly what was being said. So,
knocked on the
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door at which point she could hear the man telling
not to answer the door and just to talk
through the door, etc.
said that
was acting very weird and maybe even scared. I
instructed
to call police and make a report which she did (I think the report number to 311
is
). For the rest of the night, about three or four hours,
and this other person harassed
and
even though they were asked several times to please stop and leave
them (
) alone. While this was all going on, as I was reading these texts, and
because I have been with
for approximately four years, I knew that
was allowing
someone else to use her phone and text for her because i Knew and Know that
NEVER
talks the way this other person was talking. This led me to believe that this was really Detective
and the man there was a partner, possibly the same male detective who had interviewed
me on the night of the alleged incident.
This notice of complaint is a request for Internal Affairs to initiate an investigation to determine
if the employee conduct is within compliance of APD policy, Civil Service Rules, and Municipal
Civil Service Rules.