St. Petersburg Police Department The St. Petersburg Police Department's Criminal Investigation of the officer-involved shooting death of Hydra Lacy, Jr. on Monday January 24, 2011 is complete. Aletter from Mr. Bernie McCabe, Pinellas-Pasco State Attorney, with his findings of the criminal investigation is attached. A copy of the Pinellas Medical Examiner's autopsy report of Hydra Lacy, Jr. is also attached. The St. Petersburg Police Department's documents related to the criminal investigation are not ready for public distribution at this time. We are in the process of reviewing hundreds of pages of documents and other forms of evidence associated with the criminal investigation. Some of these documents may require redaction in accordance with Florida State Statute 119 (the Florida Public Records Law). This process will take a few more weeks to complete before the documents are released to the public. Therefore, we created this document to give a brief summary of the results of the criminal investigation. Also, the St. Petersburg Police Department's Internal Affairs Division is still conducting an administrative investigation. This is standard procedure whenever an officer intentionally discharges a ‘weapon in the line of duty. ‘This administrative investigation will take 30-45 days to complete. ‘When the Internal Affairs’ investigation is complete, Chief of Police Charles “Chuck” Harmon will convene a Shooting Review Board to ensure the shooting complied with Department policies or procedures. All documents associated with the Internal Affairs investigation will become “public record” at that time. After the Shooting Review Board is complete, Chief of Police Charles “Chuck’ Harmon will form a Tactical and Training Review Committee to examine the criminal and administrative investigations and determine if there are any suggestions, recommendations or “lessons-to-be-learned” in regards to Department policies, training, use of resources, or police tactics. ‘The committee's report may take another 90-120 days to complete. Page 1 of 11St. Petersburg Police Department Synopsis Hydra Lacy, Jr., D.0.B.: 09-19-71, was wanted on arrest warrant for Failure to Appear - Aggravated Battery that was issued on November 1, 2010. Another warrant for Failure to Appear was issued on November 16, 2010. ‘The case against Lacy was the result of a St. Petersburg Police Department criminal investigation that occurred on June 7, 2009. Hydra Lacy, Jr. was arrested after he attacked his wife, Christine Lacy, with a sword, a liquor bottle and his fists at their home at 3734 28” Avenue South. According to the police report, Christine Lacy sustained multiple contusions about her head and shoulders, a laceration on the back of her head and near her left eye and nose. She also had a broken nose, a broken bone in her face and a stab wound on her left leg. The arrest warrants were issued after Lacy failed to appear in court. Afterward, several police officers, including members of our Department's CASE unit, attempted to find Lacy and take him into custody, but were unable to locate him. In December, 2010, a St. Petersburg Police Department undercover detective, who is a member of the United States Marshals Service, Florida Regional Fugitive Task Force, was assigned to help locate Lacy. The St. Petersburg Police Department's undercover detective, Deputy U.S. Marshal Scott Ley, and an undercover deputy from the Pinellas County Sheriffs office began working together to locate Lacy. On January 4, 2011, these three investigators went to 3734 28" Avenue South to interview Christine Lacy. She appeared cooperative during the interview and told the investigators she had not seen Hydra Lacy since November, 2010. A few weeks later, the three investigators decided to re-interview Christine Lacy after they learned she had not been truthful with some of the information she had provided to them during her interview. ‘On January 24, 2011 the three investigators met at 6:30 a.m. and drove to Christine Lacy's home, 3734 28" Avenue South. They were wearing the standard U.S. Marshals Service jacket with bullet proof vest and "U.S. Marshal" prominently displayed on the front, and their duty gun belts. Here is a chronology of events: 6:58 am. The St. Petersburg Police Department's undercover detective notified our Communications Center that the three investigators were at 3734 28" Avenue South. After repeated knocks at the door, Christine Lacy answered the door. She appeared upset and told the investigators Hydra Lacy, Jr. was not there. Page 2 of 11St. Petersburg Police Department Christine Lacy’s three large dogs began barking and growling at the front door, so the investigators asked her to put them away so they could have a conversation. Christine Lacy went back into the residence, put the dogs away, and returned in a short time to the front screen door. The investigators asked Christine Lacy for permission to enter her home. Christine Lacy refused to let them in the house. She asked them if they had a warrant. They told her they had an arrest warrant for Lacy’s arrest and reminded her of their previous conversation a few weeks ea Christine Lacy repeatedly, adamantly denied Hydra Lacy, Jr. was in the home. She again refused to allow the investigators into the home to verify he was not there. The investigators became suspicious at this point. They warned Christine Lacy that it was against the law to harbor a fugitive. Christine Lacy finally allowed the investigators inside of her home. Shortly after they entered the home, Christine Lacy told them that Lacy was hiding in the attic. The investigators asked Christine Lacy if Hydra Lacy, Jr. was armed. She told the investigators that she did not know if Hydra Lacy, Jr. was armed or not, but she did tell them that there were two guns in the master bedroom 7.07 am The St, Petersburg Police Department's undercover detective contacted our Communications Center and requested two patrol units to respond to the house to assist the investigators. He told Communications Center that Christine Lacy was not being cooperative. 7.09 am. The St. Petersburg Police Department's undercover detective contacted our Communications Center and requested a K-9 unit. Communications Center dispatched Officer James Stewart and Officer Matthew Cleckner to the house. Z10a. Communications Center dispatched K-9 Officer Jeffrey Yaslowitz to the house. 743. am. Although not dispatched, Officer Brian Sayler advised Communications Center he was at the house. 7:45 am, K-9 Officer Jeffrey Yasl and Officer Matthew Cleckner arrive at the house. Page 3 of 11St. Petersburg Police Department 7:16am, Although not dispatched, Officer Doug Weaver and Officer Timothy McClintick advised Communications Center they were out at the house. 7:48 am. Officer James Stewart arrived at the house. K-9 Officer Jeffrey Yaslowitz and his canine partner “Ace” searched the interior of the house for Hydra Lacy, Jr. but did not find him. Officer Yaslowitz put his canine back into his police cruiser. ‘The officers on the scene observed one access to the attic in the north/south hallway near the east side of the house. The officers on the scene did not see any scuff marks on the walls or the cover to the entrance of the. attic. They also did not see any debris on the tile floor to suggest someone had recently climbed into the attic. ‘The officers on the scene did not see a ladder or step stool in the immediate area that Lacy must have used to enter the attic. The St. Petersburg Police Department's undercover detective pushed the cover off of the attic access and verbally challenged the atic with no response. Deputy U.S. Marshal Ley used a telescoping tactical mirror with a light to scan the inside of the attic, but he did not see anyone. Deputy U.S. Marshal Ley found a “two-step” ladder somewhere near the kitchen and K-9 Officer Yaslowitz used it to go up into the attic. Officers in the house helped Deputy U.S. Marshal Ley climb up into the attic, where he stood over the access entrance, looking in a westerly direction, The St. Petersburg Police Department's undercover detective stood on the two-step ladder and was able to look into the attic. Officers in the house heard K-9 Officer Yaslowitz say, “Show me your hands.” Officers in the house heard Hydra Lacy, Jr. say Ok" and then heard him make another comment, saying he was giving up. Deputy U. S. Marshal Ley and the St. Petersburg Police Department's undercover detective observed K-9 Officer Yaslowitz in the attic, about 10-15 feet west of the attic entrance, verbally challenging Lacy, who was laying face down and not wearing a shirt. Page 4 of 11St. Petersburg Police Department K-9 Officer Yaslowitz had two flashlights turned on at that time. He “grounded” one of the flashlights near a rafter where he used it to light up the attic. He also held a small tactical flashlight in one hand and his Glock .40 caliber firearm in his other hand, pointing both in the direction of Lacy. Deputy U. S. Marshal Ley unholstered his Glock .40 caliber handgun and pointed it at Lacy too. Officers in the house heard Lacy tell the officers that they “had him.” They also heard him say again that he was giving up. Deputy U.S. Marshal Ley holstered his Glock .40 caliber sidearm and transitioned to his Taser which was equipped with a flashlight. He pointed his Taser at Lacy, using the flashlight to help illuminate him. Officers heard K-9 Officer Yaslowitz tell Lacy several more times to show his hands. They also heard Lacy say, “I can't crawl and show you my hands at the same time.” Lacy began crawling toward K-9 Officer Yaslowitz. K-9 Officer Yaslowitz tumed off his small tactical flashlight and it appeared that he removed the handcuffs from his duty belt. The St. Petersburg Police Department's undercover detective saw Hydra Lacy, Jr. move one of his arms up in the air, possibly in response to K-9 Officer Yaslowitz’s verbal commands. Officers in the house heard the ratcheting sound that occurs when handcuffs are opened and they assumed K-9 Officer Yaslowitz was preparing to handcuff Lacy. ‘Suddenly, both Deputy U.S. Marshal Ley and the St. Petersburg Police Department's undercover detective saw K-9 Officer Yaslowitz engaged in a physical struggle with Hydra Lacy, Jr. (Hydra Lacy, Jr. measured 6'4" tall and weighed 284 Ibs. and K-9 Officer Jeffrey Yaslowitz stood 5'6" and weighed 165 Ibs., so there was a significant size and weight difference between the two men.) Deputy U. S. Marshal Ley discharged his Taser at Lacy and then activated it twice. The first activation lasted five seconds and the second activation lasted six seconds. (Deputy U.S. Marshal Ley stated later that he felt “connectivity” during the two Taser discharges, indicating his Taser probes had found their mark. He was certain his Taser's probes had struck Lacy.) After the second Taser activation, there was a single, muffled gunshot. (Investigators do not know if K-9 Officer Yaslowitz or Hydra Lacy, Jr. fired this gunshot. The autopsy later revealed an oblong-shaped, tearing wound from a 8mm bullet in Lacy's left forearm that lodged in his wrist. Forensic testing revealed this bullet came from Lacy's Taurus 9mm semi-automatic weapon), Deputy U. S. Marshal Ley activated his Taser a third time. Page § of 11St. Petersburg Police Department Hydra Lacy, Jr. fired three to four rounds from a Taurus 9 mm semi-automatic pistol directly at K-9 Officer Yasiowitz as he crouched either directly over him or slightly to one side of him. Two of the rounds struck K-9 Officer Yaslowitz in the face and he fell over to his right side. The two rounds Killed K-9 Officer Jeffrey Yaslowitz instantly (Hydra Lacy, Jr.'s Taurus 8mm semi-automatic pistol contained a 12 round magazine.) Deputy U. S. Marshal Ley transitioned from his Taser to his Glock .40 caliber handgun. Hydra Lacy, Jr. fired two rounds from a Taurus 9 mm semi-automatic pistol directly at Deputy U. S. Marshal Ley. The two rounds struck Ley before he could fire his weapon. One of Lacy's 9mm rounds struck Deputy U. S. Marshal Ley in the front of his ballistic vest and the other round struck him in the groin/leg area. Ley then fell through the attic entrance, striking the undercover detective standing on the two-step ladder and then falling to the floor. His firearm was still in his hand when he fell to the floor. 7:29am. An officer on the scene used a police radio to report “gunshots” and “officers down.” The St. Petersburg Police Department's undercover detective called out to Deputy U. S. Marshal Ley and made two attempts to rescue him, but Hydra Lacy, Jr. fired a round through the ceiling in the direction of his voice each time, forcing him to move back. One of the patrol officers in the house, Officer Timothy McCiintick, dragged Ley away from the hallway ‘and into the bathroom where they both remained until they were rescued later. The St, Petersburg Police Department's undercover detective moved to the front door and again called out to Deputy U. S. Marshal Ley several times, asking him if he was okay. Each time the undercover detective spoke, Hydra Lacy, Jr. fired a round through the ceiling in the direction of his voice. The detective told investigators he saw the bullets come through the ceiling and strike the tile floor directly in front of the detective. The officers in the house then went outside to regroup. Several more patrol officers responded to the scene, including Sergeant Thomas Baitinger, Sergeant Karl Lounge and Officer Max McDonald, K-9 Officer Jeffrey Yaslowitz was stil in the attic, but his condition was unknown to the officers on the scene. 7:30 am, ‘The Department's Tactical Apprehension and Control (TAC) Team was summoned to the scene Page 6 of 14St. Petersburg Police Department Officers on the scene reported on the radio that shots were still being fired. 7:34 a.m. Officers on the scene reported more shots fired. 7:35am, Officers on the scene reported “subject stil shooting from attic.” 7:42 am, Officers on the scene gathered outside the house and formed a rescue team. Sergeant Thomas Baitinger assumed leadership of the rescue team. Sergeant Thomas Baitinger obtained a ballistic shield and held it above his head to protect himself from rounds fired through the ceiling by Hydra Lacy, Jr. Other members on the rescue team included Sergeant Karl Lounge, Officer Douglas Weaver and Officer Max McDonald. 7:43 am. ‘Sergeant Thomas Baitinger and the rescue team entered the house. As he passed under the entrance to the attic, Hydra Lacy, Jr. fired a .40 caliber round from K-9 Officer Yaslowitz’s department-issued Glock .40 caliber firearm. The bullet struck Sergeant Baitinger's ballistic vest in the lower back. Sergeant Thomas Baitinger reportedly said, ‘I've been hit. I'm okay. Let's get Yaz.” Lacy fired two more rounds through the ceiling at the officers. Sergeant Karl Lounge and Officer Doug Weaver returned fire. One of Lacy's rounds, unknown caliber, struck the inside of Baitinger's ballistic shield. This was a glancing shot fired from above that skipped downward across the inside of the ballistic shield, ‘An additional round, this time a 9mm caliber bullet, missed the ballistic shield, missed Sergeant Baitinger's ballistic vest, and struck him in the upper shoulder area and travelled through his chest. This third round produced Sergeant Thomas Baitinger’s fatal wound. 7:45. a.m ‘Sergeant Baitinger crawled from the hallway into one of the bedrooms. Page 7 of 11St. Petersburg Police Department 9 am, Officers comment on the radio, "Subject still shooting.” 7:52 am. Officers removed Sergeant Thomas Baitinger from the bedroom through a window, placed him into an ambulance and transported him to the Bayfront Medical Center. Deputy U. S. Marshal Ley and Officer McClintick were also rescued from the bathroom through a window. 8:15 am, Officers on the scene report more gunshots from the house. St. Petersburg Police Department Negotiators called Hydra Lacy on his cell phone several times. He hung up whenever they asked him about the condition of K-9 Officer Yaslowitz. Several times, Hydra Lacy, Jr. called them back only to hang up again when negotiators asked about K-9 Officer Yaslowitz’s condition, Hydra Lacy, Jr. refused to surrender. He made several comments to the negotiators, including the following statements: he said he had been shot “in the butt’, he said, "keep bringing them in and you will keep carrying them out’; he said, “Don't throw gas up here or | will shoot the officer again,” and he said, "I see an officer...I will shoot him if he does not back up." 8:28 am. Sergeant Thomas Baitinger was pronounced dead. 8:42 a.m. to 8:51 am. ‘SPPD negotiators call Hydra Lacy, Jr's two brothers to request their assistance in convincing Lacy to surrender. Both brothers called back later, after the TAC Team had entered the house. ‘SPPD negotiators called and spoke with two of Hydra Lacy, Jr.’s friends to request their assistance in convincing Lacy to surrender. Both friends reportedly tried to contact Lacy, but they were unable to convince him to surrender. 8:56 am Officers on the scene reported more gunshots from the house. Page 8 of 11St. Petersburg Police Department 8:57 am, The St. Petersburg Police Department's TAC Team attempted to enter the house, but retreated outside under gunfire, 9:45 am The St. Petersburg Police Department's TAC Team entered the house a second time. There was a rapid exchange of gunfire between Lacy and several members of the TAC Team. 9:22 a. ‘TAC Team members pulled K-9 Officer Jeffrey Yaslowitz from the attic and carried him outside of the house. His body had been wrapped in cords and duct-work from inside the attic. There were no further conversations with Hydra Lacy, Jr. after the second TAC Team entry into the house, 9:25 a.m, K-9 Officer Jeffrey Yaslowitz was placed in an ambulance and taken to Bayfront Medical Center. 9:45 a.m K-9 Officer Jeffrey Yasiowitz was pronounced dead, 10:56 a.m. TAC Team members, supported by other law enforcement agencies, began using heavy equipment and a robot to begin searching the house for Hydra Lacy, Jr. 2:13 p.m. TAC Team members find Hydra Lacy, Jr's dead body on the main floor of the house. They also found the Taurus 9mm semi-automatic handgun and K-9 Officer Yaslowitz’s Glock .40 caliber handgun next to his body. General information Christine Lacy purchased two handguns in 2010 at Shoot Straight Tampa, 3909 N. U.S. Hwy 301, Tampa, Florida. ‘On June 6, 2010, she purchased a Taurus PT 111, 9 mm semi-automatic pistol for $379.00. This was the same weapon found near Hydra Lacy, Jr.'s body (the other weapon found near Lacy's body was the Glock .40 caliber semi-automatic pistol that belonged to K-9 Officer Jeffrey Yaslowitz). Page 9 of 11St. Petersburg Police Department ‘On November 22, 2010, Christine Lacy purchased a Smith & Wesson MPSC, 9 mm semi-automatic pistol for $489.00. This firearm was found inside of the house before it was demolished. ‘abt Hydra Lacy, Jt. fired up to 29 rounds from two different weapons during his confrontation with police officers. Lacy fired up to 12 rounds from the Taurus 9mm semi-automatic pistol, The Taurus magazine holds 12 rounds. There was one round still in the chamber when the weapon was recovered at the scene. Lacy fired 17 rounds from K-9 Officer Jeffrey Yaslowitz’s Glock .40 caliber weapon. K-9 Officer Jeffrey Yaslowitz’s Glock .40 caliber pistol magazine held 15 rounds. Lacy used Yaslowitz’s Glock and reloaded the pistol with one of Yaslowitz's spare magazines. Forensic testing found Hydra Lacy, Jr's DNA on K-9 Officer Yaslowitz’s Glock pistol and the magazines for the weapon. Ten St. Petersburg Police Department officers fired a total of 246 rounds of .40 caliber (Glock .40 caliber) and .223 (AR-15 rifle) ammunition during the entire event. The actual number may be a few less bullets, since a few officers experienced a malfunction and/or ejected a live round while changing a magazine during the event. bait The Pasco/Pinellas Medical Examiner's Autopsy Report of Hydra Lacy, Jr. is attached. According to the report, Hydra Lacy, Jr. sustained ten gunshot wounds. Two of the wounds may have been produced by a single .223 round that penetrated and exited Lacy's left arm, then penetrated and exited Lacy’s left chest. This perforating gunshot wound to the left chest of Lacy appears to have been the fatal wound. None of the wounds showed any stippiing, burn marks or any other evidence that would suggest that any of the wounds resulted from a close-contact wound. Seven bullets were recovered from the body of Hydra Lacy, Jr., including four .40 caliber handgun rounds, two .223 AR-15 rifle rounds, and one 9 mm handgun round. The remaining two gunshot wounds were perforating wounds (through and through type of wounds) and those bullets were never recovered. ‘The 9 mm handgun round was an oblong-shaped, tearing wound where the bullet entered the arm at an extreme angle near the left elbow, traveled down the forearm, breaking two bones before lodging in the wrist. +E Page 10 of 14St. Petersburg Police Department St. Petersburg Police Department detectives and forensic technicians processed the scene in the house before it was demolished. They obtained/recovered all of the pertinent evidence that was necessary for this criminal investigation, including Officer Yaslowitz’s Glock .40 caliber handgun and spare magazine used by Hydra Lacy, Jr. The Taurus $mm semi-automatic pistol used by Hydra Lacy, JI. DNA material from the Taurus 9mm semi-automatic pistol and K-9 Officer Jeffrey Yaslowitz's Glock 40 caliber (and one of his spare magazines) that have been positively matched to Hydra Lacy, Jr. A diagram of the crime scene. Video and photographs of the crime scene. Recovered the Deputy U. S. Marshal Ley's Taser. Recovered Sergeant Thomas Baitinger’s ballistic shield. Recovered both of K-9 Officer Yaslowitz's flashlights. Recovered ballistic vests with bullets embedded in them. Recovered a number of spent bullets and shell casings. The day after the home was demolished, a team of forensic technicians and detectives searched through the debris collected from the home. They recovered additional spent shell casings and Personal effects that belonged to Christine Lacy, but nothing else of evidentiary value. The personal effects have been returned to Christine Lacy. End of Summary. Page 11 of 11