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CONFIDENTIAL EXHIBIT # Page 1 of THE STATE OF TEXAS HH COUNTIES OF TARRANT, DENTON, PARKER and WISE }{ Before me, the undersigned peace officer, on this day personally appeared Lyjilivun (14/04, Who after being duly swom or affirmed deposes and says: My name is Willis /tv/x _. Lam of sound mind and T am capable of making this affidavit. te of birth is YyZo. 1 live at my home phone number i T can read, write and understand the English language. am 2/4 years of age. My Ihave personal knowledge of the following facts: 1 12/21/16, I Officer W. Martin ID 3572 was dispatched to a disturbance call —_ WRUMRMAIITA carving to te call, T noticed that a name and date of birth was added to the call sheet. As is a common practice of mine, I ran the name and DOB for warrants on my way. It is common for tie Real Time Crime Center unit to do the same and attach warrant returns to call sheets. At this point, the RTCC had not done so. After I learned that the person I ran had multiple warrants (2 local and multiple out of another agency), I looked up the person in the Master Name Index. I was able to find a MNI for this person, which included a booking rhoto. Upon arrival I approached the front docr of the residence Eis residence is on the comer TT Wm As | epproached the residence, I head a female voice yell at me something to the effect of “we're over here.” I responded that the resident at this address had called first, so I intended to speak with them first. The female responded that the resident was with her. At this point, I activated my department issued Axon Flex body camera. | approached a small crowd of people near the NE comer of the back yard of the residence. I saw a W/M holding what appeared to be a paint sprayer. It appeared that this WIM was painting the fence. I met with the W/M and asked what was going on. ‘At this point, I am basing the W/M’s response on my memory. The exact response is better represented on my Axon video, which I do not have access to at this time. The WIM stated that a child had thrown a piece of trash in his yard. The W/M approached the child and grabbed his arm and told hin: to pick up the trash. When the child refused, the WIM grabbed the child by the back of the neck and demanded that the child pick up the trash. I don’t remember if the W/M stated if the trash was picked up or not, I then approached who I believed was the other calling party. I recognized the B/F because I had just viewed her booking photo. I asked the B/F what was going on. The BF stated that she was told that she was told that someone grabbed her child and choked him for throwing trash on the ground. The B/F stated that she did not believe that the WIM had the right to put his hands on her son. The B/F was obviously angry, so I let her vent for abit, thinking that that would help her calm down. Tasked the B/F why she didn’t teach her son not to litter. I don’t know why I asked this question. I guess it was because I was irritated by the tone and level of the B/F's voice, and that a situation over littering had gotten so out of hand. It did not make sense to me that the W/M would randomly choke a child for no reason or that anyone would choke a child for simply littering. The W/M’s account of what happened sounded plausible. Due to my experience of handling many calls similar to this, 1 believed that the account of “choking” may have been exaggerated. I believed that it ‘was improper for the W/M to grab the child, but I had not yet determined that any offense of assault had occurred. I wondered why the child’s mother had not called for medical attention if a child had been injured in this way. The B/F then continued, stating that her son did not litter, that it doesn’t matter if the child had littered, and that that did not give the W/M the right to put his hands on her son. Tasked “why not?” This was in response to the first part of the B/F's statement of it not mattering if the child littered. At this point the B/F began yelling at me, to the point of causing a breach of the peace. I asked why she was yelling at me, to which she responded that I had pissed her off. [told the B/F that if she continued to yell at me (to use her same words) that she would piss me off, and ] would arrest her. The B/F yelled “OK.” At this point, I told the BYF that she was under arrest (knowing that she had outstanding warrants), When [ told the B/F that she was under arrest, a younger BYF (ater identified has her 15 year old daughter) stepped between me and the B/F. When I moved in to handeuff the B/F, the daughter stepped detween me and the B/P. | attempted to push the daughter out of the way. The daughter began to push me and use her body as a physical barrier to prevent me from taking the BYF into custody. Another B/F (later identified as the B/F’s 19 year old daughter) also pushed me in an attempt to knock me off balance and prevent me from taking the B/F into custody. I was able to push the younger daughter out of the way and I closed the distance between myself and the B/F. The B/F pushed me and actively tried to hinder the arrest process by trying to prevent me from getting a grip on either of her arms. Since I was by myself, and I had a crowd of people actively interfering with my artest process, I drew my Taser. | turned the Taser on and placed it against the B/F's torso and instructed her to get on the ground. This caused the BIF to be more compliant, and I was able to force her onto the ground. I then pointed my Taser at the younger daughter, who was standing approximately 15 to 20 feet away. Due to the younger daughter's interfering with my arrest of her mother, I instructed her to get on the ‘ground. Several of the other persons in the crowd yelled at the younger daughter to do as Thad instructed, and she complied. I helstered my Taser and placed handcuffs on the B/F ‘Afterward, I walked over to the younger daughter, who tried to stand up. I used an arm bar to gain compliance from the younger daughter and placed her in handcuffs. No form of distractionary strike was used on either subject, as it was not needed, While taking the B/F and her younger daughter into custody, the older daughter screamed continuously at me, using an excessive amount of cursing, Since I had two subjects in custody, and my patrol vehicle was parked around the block, and I was still the only officer on scene, I walked the B/F and the younger daughter to my patrol vehicle before taking the older daughter into custody. When | arrived at my patrol vehicle, a small B/E, ‘wearing a black shirt and khaki pants met me at the back, driver’s side of my patrol vehicle. This female grabbed the waist of her pants to pull them up, then she bladed herself and put her hands up in a fighting stance, like that of a boxer. I instructed the female (identity unknown) to get back. The female refused. I had hooked an arm between the arms of both subjects in custody so that I could retain physical custody while preparing to open the back, driver's side door of my patrol vehicle. The unknown female stepped toward me, Since this female advanced toward me after being told to get back, I pushed her with a single push to the upper chest. This push was effective and placed her out of play. L opened the back, driver’s side door to my patrol vehicle and instructed the younger daughter to get in. She partially complied, as she sat in the seat, but refused to put her Jegs in the car. I instructed the younger daughter several times to get in the car. The younger daughter stated that she did not know how, because she was only 16 years old, Since | still had to maintain physical custody of a subject that had already resisted the arrest process, I did not want to place myself in a tactical disadvantage (opening myself to be knocked off balance by a kick from the younger daughter or an attack from behind), T still had at least two hostile persons betind me, and I was still the only officer on scene, Lused my foot to push the younger daughter's legs inside the vehicle so that I could shut the door, I walked the B/F to the other side of my patrol vehicle and placed her in the back, passenger seat. The older daughter had continued to scream and curse during this time and was causing a major breach of the peace. Since the B/F and the younger daughter were secured in the back seat of my patrol vehicle, [turned my attention to the older daughter. I approached her and told her that she was also under arrest (due to interfering with my arrest of her mother). During the older daughter's rant, she stated multiple times that she had recorded the day’s events. Believing that the older daughter had captured multiple offenses on video, I told the older daughter that I was seizing her phone as evidence so that no one would have an opportunity to delete or alter the video. It took me a while to wrestle the phone out of the older daughter's hand. I secured the phone by placing it in my back pants pocket. I then began the struggle to place handcufis on the older daughter. She provided active resistance to hinder the arrest process by pulling her arms away from my 50 that I could not place her in handcuffs. I was able to pry the older daughter's arms behind her back, and she was taken into custody I walked the older daughter around to the driver's side of my patrol vehicle, and away from the rest of the crowd. I had no more room to secure the older daughter, since my back seat was full, so I had to wait for an assist officer to arrive. The older daughter continued to scream and cause a major breach of the peace. | lifted her handcuffed arms behind her back to attempt to use pain compliance to stop her screaming. This did not work. Shortly after this, my first assist arrived. I walked the older daughter to the arriving corporal’s patrol vehicle and secured her in the back seat. I returned to the B/F and asked her for her name. The B/F refused to provide her name. With the MNI picture to confirm the B/F's identity, I called PIC to confirm the B/F’s warrants, While in the back seat of my patrol vehicle, the B/F complained that the handcuffs were too tight. Knowing that the handcuffs were applied appropriately, I informed the B/F that they would not be adjusted. I know from personal experience that handcufis are very uncomfortable, as I have been dragged around by handcuffs many times, both in the academy and during department mandated control tactics requalifications. I determined that the older daughter was an adult and the younger daughter was a juvenile. I had an assist officer transport the younger daughter to the juvenile detention center. I transported the B/F and the older daughter to the Fort Worth City. Jail. Before adding the charge of fail to ID — fugitive from justice, I attempted to meet with a jail sergeant, but neither was in the office. I walked down the hall to ask the magistrate if it was alright if | asked her opinion on the subject. She agreed. I explained that although I knew the B/F’s identity from a prior booking photo, she had refused to provide her name to me after | arrested her for warrants. The magistrate stated that it does not matter if] knew who she was ~ that any person that refuses to identify themselves after an arrest still violates the law. completed the booking paperwork, which was tumed into and approved by the on duty jail sergeant. | transported the older daughter’s cell phone to the Fort Worth Property Room. I removed the battery, tagged, and submitted the phone as evidence. retuned to the Bolt St. sector, where I completed my report. I met with the officer who had transported the juvenile, as well atthe officer who completed a report in reference to the alleged choking incident. I verified whether each had activated Axon or vehicle video ‘and noted this in my report. A midnight officer assisted me by uploading my transport Video to I tagged my Axon Flex video with the offense location address and report number. I docked my Axon Flex camera in the charging port to upload and charge. Note: Peace officers taking statements from complainants and witnesses must ask them before they sign the form, “Do you swear or affirm that you have personal knowledge of the facts stated in your affidavit?” “Do you solemnly swear or affirm that the facts stated in your affidavit are true and correct?” have personal knowledge of the facts stated in the above affidavit. I swear or affirm that the facts stated above are true and correct. Signed this 27/9 day of Lec om— , Delt CONFIDENTIAL EXHIBIT # Page of ‘THE STATE OF TEXAS M COUNTIES OF TARRANT, DENTON, PARKER and WISE }{ “On Decemuer 27,2614 Valusianr Maer) appeared before me and, swore or affirmed to me that the statements contained in the above document are within his/her personal knowledge and are true and correct. | personally know hinv/her. [OR] He/she showed me a current identification card or other document issued by the federal government or any state government that contains @ photograph and his/her signature, J administered such oath or affirmation as part of my official duties as a peace officer for the City of Fort Worth.” / Officer*¥ Signature, Rank & ID # Yo Rovised 5-16-08

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