Bracewell GiulianiLLP & 1445 Ross Avenue Suite3800 Dallas,Texas75202

PREFACE presents this with co:rducting investigaiion, chmged investigator Terry Hart ("Hartu),the special nCityn)' (the to uttt ;.e;4 it" nnoi"gt, *d itt conclusi'ons thecity of Dallas as ('Iozada") waskilled while serving a on Febnrary22,2008,Officervictor Lozada-Tirado visit in Dallas campaign clinton dudngLer presidential motorcycleesoortror iriuary Rodharn Viaduot,wherethereis a curvoin near o-ccuned 600 Houstonsteet on that day. The accident ran and to unable uegotiate, his motoroycle ov€rthe curb andcollided the road thatlozadawas wall' with theguardrailaffixedto theconcrete authored corporalDaveErves(uErvesn) previously,on January 2008,trainingofficer _seniol 25, his completed field lnzada "has successfully that a Daily ObservationReportwhich staieO 25, also datedJanuary discovered, ReportwasLater, n ,""oitd Daily Observation training." nlozada'sgainine shouldbe 2008, and authoredby nrves tlring that, amon! otherthings, *tri phase the to ltozadal needs repeat complete at extended leasttwo moreweek(sic)" andthat two portionof training" individuallyandasNext Friendof David lazada"a on Februaryzz,11l1,TheresaA. Lozada" I Jr., viotor Loz.ada, 3tephanlelz.adu and on behalfof victor Lozadt' Minor, Lisa I-azads, the against ir tfrezggtr'ludicialbistrict Courtof DallasCounty,Texas, filed Deceased, a r"*rrii and Hillary clinton, Individually Hillary clinton city orparlqq,lerys qlpg!9g _cgrPoration, Plaintiffs*tgg"t that-Inzada rn". for president, cu-Fgr_'1ilt;,'t#soit.).'lnftar,awsui!.the a1 for enougtr -an assignment -fnserous as the properly trainednor experienced was neither additionaltrainingin with in motorcade question,that the City shouldhaveprwided Lozada thathe haveat leasttwo moreweeksof nainin& recommendation light of the January25, 2OO8 did not properly and run trrTitfr" city did trlrt trqoirc a practice for the motorcade, thatthe city or foutes, conditions' brief tozada on roadhazards,

determining why more Hart's assignmentin connection with this investigption was limited to pr€pared Brves' by th* on", inflicting Daily observationReportsdatedJanuary25,2008,were the report recommending which of thesereports ** th" operative,accuratere,por! and, whether additional haining was provided to administration' to draw conclusionsin Basedupon the answersfound during the investigation, Hart'was asked the facts leading up to O$ce.r to provide an independentl objective Jpinion about ; at "ffo6 death. In striving to meet this objectin", Hart and an associate Bracewell & Giuliani, Lozada's gatheredand reviewed several thousandsof pagesof documents wittiu- J. Moore ("Moorl"), independentand *a poronally interviewea sliindividuals. Hart and Moore sought to be as thoroug[ aspossiblein conductingthis investigation'
I While the Lawsuit atlegesadditionat facts and acts of wrorgdoing on the part of tbe various Defondanb' Reports preparcdby Ervar' this Report will be timited to the Jonflicting January25, 2008 Daily Observation

TIIE INVESTIGATIQII and Documents MaterialsAnalYzed
('Cato") to At the outset, Hart conductedan initial interview with Assistant Chief CharlesCato documentation.2 Following this determine likely key witnesses and categories of relevant interview, Hart-decided to assembleand review documentationand materials relevant to the investigaiion. Hart's first task was to determinewhere the various documentsmight be located. Once located, Hd and Moore analped every documentand all the materialsand comparedand orossreferencedthem againstone anothsr' and Hart and Moore analped the following documents materials: l. 2. et plaintifits'Original Petitionin Lozadav. City of Dallas, Tbxns, al.,No.10-02014' in the District Court of Dallas, Texas 298thJudicial Files reports for: Pe,monnel The entire Human Resources & b. c. de. f. Dale Erves David Nofzinger Victor Lozada Javier r eal StevenM. Hoffinan TyroneNichols

3. 4. 5. 6.

The entire Unit Files forthe individuals listed in item no. 2 above A variety of news publication articles regardingthe Escort InvestigativePanelReporqTraffic Division, July 3,2008 Dallas PoliceDepartment All Daily ObservationReports,Motorycle PerformanceEvaluations,and Student Evaluationsrelating to the training of Officer Lozada(including both Daily Obsei:rration ReportsdatedJanuary25, 2008) for Offioer'sCrashReport,Traffic Fatality #23, dated9l3l2008, driver TexasPeace Victor Lozada-Tirado DPD GeneralOrder - Code of Conduct


It should be noted that this conversation took placc on Maroh 9, 2010, which was bcforc Hart was retained on anotherspecial investigation involving a police escort relating to the funeral for Chief Brown's son. Hart was engagedon that mattsr on or about Junc 28,ZOl0'



9. 10. I l. lZ. 13. U,

Rules City of Dallas Personnel effectiveasof June2000,August2008,andMarch 2010 Traffic SeotionSOPs, Motorcade detail lop - Novernb€r2007- February2008 -between Hoffrnan and Lt. Scott Bratcher regarding transfer Email correspondence (December2007) complete versionof moiorcyclehaining manualolank manual) Interviews Conducted

Hart's primary fact-gathering method employed in connection with this investigation was by meansbf personal interview. Assistant Chief Cato set up the first interview, and Sgt. tonzo Anderson (uAode"son")servedas Hart's liaison for the rernainderof theseinterviews. Anderson contaotedindividuals to be interviewed in advanceof Hart and Moore's contactwith them, their Moore personally telephoned the individuals to schedule in person interviews for Hart and Moore. of Hart and Hof&nanconducted.interviews the followingmembersof the DPD: a. b_, _ c. d. e. f, First AssistantChief CharlesCato (nCaton)3 Ervag) Senior Corporal Dale Er_vec(l Senior Corporal Gilb€rt Arevalo ("Arevalo") JavierLeal ("Leal*) SeniorCoqporal David Nofzinger ("Nofzinger") Sergeant StevenHoffrnan ("Hoftnann) Sergeant

Hart and Moore conductedeach of the interviews of the membersof the DPD at the offices of Bracewell & Giuliani, with the exceptions of the interviews of Cato and Ewes, which were conducted at Dallas Polioe Headquarters. None of the staternentswere given under oath, and were had with Leal, Nofzinger, none of the interviews were recorded. Follow-up teleconfere,lrces Hoffinan, and Lt. TammieHale. ilI. Ftndings of Fact A. The DPDrsMotorcyle Training Program

The DPD,s current motorcycle training protoeol is oonducted pursuant to a ten-chapter motorcycletraining manual,utilized and followed by trainers. The progam beginswith 10-14 then drills, session, daysof motorcycle"schoolr"which consistsof a short orientationclassroom
3 Initial intervisw at tho inception of the investigation.


of instruction,and riding in a Fair Parkparkinglot. Field haining consists a "first phase,"which lasts three weeks, and a "second phase," which lasts four weeks, Various trainers preside simultaneously over the motor school, with a senior officer supervising and each phaseof the nDaily field training is conductedby separate,individual instructors. The instntctors prepare ObservationRepoils," which describeand monitor the trainee'sprogressin narrative fashion, and fill out a "Daily ObservationEvaluation" form in an itemized scoredfashion, from I {being the lowest score) to 7 (being the highestscore). After eachphasehasbeen completed,the instnrstor and the trainee sign a completion form, whioh goes into the hainee's file. If the trainee's performancefor phasetwo is satisfactory(i.e., the frainee receivesat least a "4" for all baining items ide,ntified on the Daily Observation Evaluation forms), the tainee will move into enforcement. B. Lozada's Tralning

to Lozada began working with DPD in Febnrary 1988 and was assigned the Patrol Bureau. He began working in the Traffic Division of the DPD in or about 2003, and he began training as a motorcycle oflicer on November5,2N7. l-ozadabeganMotorcycle Sshool on Noveinber5, 2007. The school lastedthrough November 21, with the last day being a "wash day.nAfter passinghis final examinationfor Motorcycle Scbool, I-azadaadvancedto the first phaseof field saining. Leal was Lozada'straining officer for this phasg which beganon November 26,2007, In accordancewith standardprocedure,Leal preparednarrative Daily ObservationReports and completed Daily Observation Evaluations, These forms show consistent improvement in Lozada's motoroycle riding abilities.. The first phase of field training was completed on - Decembs 21, 2007 (-\vithnecemh-ul4-17 bciag o!a:trru4i!&!4ys). Loza@began!-hase Two 31, of his field raining on Decenrber which lasteduntil January25,2008. Erveswas l.ozada's haining officer for this secondphase. Erves preparedna:rative Daily ObsorvationReports and filled out the Daily Observation Evaluation forms for each day of Lozada's training. The narrative reports generally describeI,ozada'sprogressas t'productivgn "good" and/or npositive.n The narrative for Lozada'sJanuary 25,2008 Daily ObservationReport as provided to Hart by DPD administration, states: "Sr. Cpl. Lozada spenttoday leaming about escortproceduresof the Dallas Polioe Department. This if the last day of Phasetwo training for Sr. Cpl. tozada. Sr. completed field training. Sr. Cpl. Lozadaneed[sic] tocontinue his Cpl. Lozadahas successfully to work hard to sharpenhis riding skills. Sr. Cpl. Lozadais where he should be at this stageof a motorcycle offioer. Staying committed will take him the rest of the way." During his interview for this investigation, Ewes described Inzada as being 'rvery dedicated" in and interested leaming. He felt that Lozadawas "qualifiednto be at the level of a beginning sheet rider, and that he was "where he should have been at that lwel,n He felt that, for Loz.ada and any beginning streetmotorcycle rider, additional developmentis required and necessary. On January 25, 2008, Erves and L,ozadainitialed a PhaseTwo (Weeks 4-7) complction form, with blanks for all training topics, including the blank for "Performing escbrts.n A notation for and "Presidential other dignitaries"states"(classroom training) video."



The SecondJanuary 25, 2008Daily ObservationReirort

abovq Erves initially discussed Daily Obsovation Re,port In addition to the January25,2OOS prepared and presentd Lozada with a Daily ObservationReport, dated the same day, which itui"O in part: "[ am asking that Sr. CpLl-ozada's training be extendedat least two more week he [sic] just to see if he can improve and get his riding together be,cause has made so many that he needsto repeatttre complete Phasetwo me. . . . I really believe misiakes that it scaxes of in portion of taining. . . . Sr. Cpl.I--ozada otherwords hasfailed this Phase training. We will to Report,which was attached 28th2008.' This Daily Observation ovrt on Monday January iturt Lawsuit, was signed by both l-ozada and Erves. in the above-referenced the Plaintiffs' Petition This report was not found in l.ozada'sUnit File. In his interview, Erves explained that this report, which he remembersto be written in red ink, a wasr "joke," was not written using "official" languagg and was not filed with adminishation or this otherwise savedor maintainedby Erves. Erves statedthat wbile he was stict with L,ozada, this report, watctredhis reaction, rneant to ubreakthe ice," that he first gave Loz.ada report was then gavehim the "real" report describedabove. Erves further explainedthat he believesI-ozada laughing with l,ozada took the "joke" report home and showedhis wife, and that he rem€rnbers and his wife about it within a month or so after t,ozada'scomplotion of PhaseTwo taining. Erves statedthat lozada told him that he was "going to framenthis report. He believesthat the plaintiffs in the lawsuit obtained a copy of this report Arevalo likewise stated that Erves presentedArevalo with a "joke" report that stated that he should not be on a motorcycle.a Arevalo, who threw his "joken re,portaway, believed that this was a common prank played by it. 3rves -and stateLthat Encs told him rr*o!to_tell LqZqdp_qbqut Arevalo rememberstelling givar him the "joke" report ttrai it was not reat and-0rathe had haOthe Lozadaafter Erves had sameprankpulled on him. coNcLUSION REGARDING THE JANUARY 2s, 2008DAILY OBSERVATION REPORT STATING THAT LOZADA SIIOULD REPEAT PIIASE TWO OF'TRAINING Lozadareceived a passinggrade on the final test during Motorcycle School, which is required to move into field training. Leal, his first phasetrainer, did not believe that Lozada exhibited any major deficiencies in his training and statedthat he was where he "should ben at the conclusion of Phase One. He thought tl:,olt Lazada was "doing fine," Erves likewise gave Lozada was both where he nshould satisfactorymarks for PhaseTWo training and believed that [-oz.ada have been" at the oonclusion of PhaseTwo and sufficiently qualified to be a beginning (with the exceptionof the longer Re,ports motorcycleoffrcer. ThesetrainersrDaily Observation with theseconclusions, show that below) are consistent January25,2008 "joke" reportdiscussed Lozada was making steadyprogress,and establishthat as of the time Lozadahad completedhis training Lozadahad received satisfactoryratinp in connectionwith his motorcycle baining. While unprofessionaland not in accordancewith any training protocol or procedurg it is clear that the longer January25,2008 narrative Daily ObsenrationReport preparedby Erves and giveir to Lor.ada on his final day of PhaseTwo training, in which Erves reoommendstlrat Lozada repeatthis phase,was not the official report but rather a joke madeby Erves at Lozada'sexpense.
t Erves was Arcvalo'c instnrctor for PhascOne ofhis fietd training.


Erves explained that this was a prant<"written in unofficial red pen, and not filed with administration. He explained that he told Lozada to throw this report away and that he later laughedwith Erves and his wife about it, Arevalo confirmed that he was the victim of a similar he had a -discussion 3oke, that he believed this was something that Erves did to other trainees, and that jest. The njoke" re'port with Lozada about the report being a false report written in was inconsistent with previous Daily ObservationReports,as well as the "5" ratings gven by for Erves on the Daily ObservationEvaluation Scoresheets January25, 2008. The correct,actual in Daily ObservationReport appears Lozada'sUnit File and states:"This is the January 25,2OOB last day of Phasetwo training for Sr, CpL Lozada. Sr. Cpl. Lozadahas successfullycompleted his field training. Sr. Cpl. Lozadaneed[sic] to continueto work hard to sharpenhis riding skills. Sr. Cpl. Lozada is where he should be at this stageof a motorcycle officer. Staying committed will take him the rest of the way.n TerenceJ. Hart William J. Moore


APPENDIX A List of Attachments

Attachment A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8
Evaluations,and Daily ObservationReports,Motorcycle Performance - Victor Lozada-Tirado StudentEvaluations Report stating that Lozada should January25,2008 Daily Obse,rrration repeatPhaseTwo of Training Texas PeaceOfficer's CrashReport, Traffic Fatality#23, daled for 913/2008, driver Victor Inzada-Tirado June2000 Portions of Traffic StandardOperatingProcedures, August 2008 Portions of Traffic StandardOperatingProcedures, March 2010(revised Procedures, Operating PortionsofTraffic Standard as ofOotober 2009) Motoicyle Training Manual Febntary22,2W8 Motorcadedetail logs - Noverrber 2007througfu

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