SUNRISE POLICE DEPARTMENT Anthony Rosa Chief of Police 10440 W Oakland Park Blvd Sunrise, Florida 33351 (954) 764-4357 Internal Affairs Investigative Narrative LL INTRODUCTION: Investigator Sergeant Brian Stewart Witnesses: Officer Terrance Walker, Officer Frie Plunske, Officer Paul Hormann, Officer Ryan Biro, K9 Officer John McEvoy, Officer Jordan Pacheco, Officer Christopher Wray, Detective Kevin Femandez On March 8th, 2019, Sunrise Police Officers attempted contect with four male suspects in a stolen vehicle, Upon contact, all four males fled on foot, in different directions, Three of the four were taken into custody shortly thereafter, while the fourth continued rumiing into the City of Lauderhill. ‘The fourth male, identified ED 0°! info a canal while fleeing, and as aresult, drowned. The drowning was witnessed by icers Phunske and Walker. Chief Rosa requested the Broward Sheriff's Office handle the death investigation, independent of our agency. The Sheriff's Office obliged. On or about May 15th, 2019, the Sunrise Police Department received the summary of the Sheriff Office's death investigation, which they determined was an accidental drowning. On June 18%, 2019, Chief Rosa directed me to initiate an intemal investigation & review of the incident as a whole.SUNRISE POLICE DEPARTMENT Anthony Rosa Chief of Police 10440 W Oakland Park Blvd Sunrise, Florida 33351 (954) 764-4357 Internal Affairs Investigative Report Narrative I. INVESTIGATIVE NARRATIVE: On June 18, 2019, I received a memorandum from Police Chief Anthony W. Rosa, through Lieutenant P. Brian Katz, directing an administrative review of the accidental drowning ~ Sunrise PD case # 42-1903-011371, During the week of June 24", I requested Criminal Invesigations Section Supervisor, Lt. Daniel Ransone, to provide me with all police reports and investigative documents related to the case. Over the next several days, I was provided, what Itelieved to be, the complete case file. 1 then began to review the incident starting with Sunrise PD «ase # 42-1903-011371 and then, Broward Sheriff's Office case # 90-1903-003050. I aio reviewed the police radio ‘transmissions and crime scene photos. The following is based upon report review: On March 8%, 2019, Detective Hormann and Detective Biro were conducting surveillance of an unoccupied 2018 Lexus SUV, which had been reported solen fiom the City of Plantation. The vehicle was located at the 5800 block of NW 17 Plice, within the Lakeside Manor Apartment complex. During their surveillance of the Lexus, Detective Hormann observed a white Jeep driving in the area. According to Detective Hormann’s police report, he became suspicious of the vehicle as to how it drove through the area, Hormann indicated the driver was wearing a white tank-top shirt and was not wearing a seatbelt. Shortly thereafter, Detective Hormann and Detective Biro approachéd the white Jeep, which had backed into a parking spot. As detectives exited their ‘unmarked vehicles, to approach the Jeep, all occupants of the vehicle [Jeep] fled on foot.The following is a summary of the police dispatch recording of the incident. The time stamp noted at the end of each bullet-point below, is related to thepolice dispatch recording of the incident. The moment Detective Biro said “Bailout” is at 2:28 2 minutes & 28 seconds) of the recording. The timestamp is related to the length of the reording and does not indicate the actual time of day that the words were said. * At approximately 5:49 pm, Detective Biro advised of the bailout over Suntise PD’s ‘main channel. A foot pursuit immediately ensued. Biro said he had “one detained”, and provided the Jeep's tag to dispatch indicating he believed the vehicle was stolen. (2:28) * Moments after, Detective Hormann indicated he had s second subject detained at NW 17 Place and 58°. (3:06) Qa * Detective Hormann said “they” ran eastbound toward Lauderhill and jumped a fence G:10 + Detective Biro again asked Dispatch what the Jeep's tag came back to, Dispatch confirmed the vehicle had been reported stolen. (3:23) + K9-56 then said he was out with a third possible subject at NW 19 Street and 58%. He said the subject threw a shirt. (3:42) * Alpha 401, Officer Wray, said he was out with K9-56. (3:52) * Officer Morin said he and Officer Williams had another subject detained at 1700 NW 58Terece. 3:57) aD * Officer Walker observed a subject IMP unning in Lauderhill at 17 and 57 Terrace, along a canal. (4:35) * Officer Plunske said, southbound 57 Terrace, behind the buildings. (5:03) * Both Plunske and Walker seidg@iqgjumped in the canal and was swimming, (5:22) © Walker saicigggg§was tired and treading water. (5:53) + K9-56 said to start Rescue — subject starting to go under the water. (6:36) Asked for a Tope to throw, said gg was out in the middle ofthe canal. (6:45) + K9-56 said@Qiwent under. (6:57)July 15, 2019 - I telephoned Mr, & Mrs. Frank Rawlerson, who reside where the drowning occurred. T received no answer, but left a message asking tht they return my call. My intent was to ask their permission to view their property and the erine scene, in-person. July 15, 2019 - After receiving no call back from the Rawleson’s, I responded to their home with Sergeant Bates. After knocking on the front door, we vere grected by a gentleman who indicated the Rawlerson’s were not home. He suggested we ty back in the afternoon. Sergeant Bates and I retumed to the home at approximately 2:30 pm. We met with Mr. Rawlerson who agreed to allow us to view the crime scene « the south side of his residence. Mr. Rawlerson walked me through a red, wooden gate tt his back yard. He then began describing what he observed the day of the incident, He descibed two officers on his property and another officer ot two on the south side of the body of weler. I then asked Mr. Rawlerson how far out swan while fleeing from the officers, Mr. Rawlerson said he observe yut midway fromhiis seawall, fo the seawall on the opposite side. Mr. Rawierson pointed toward the southeast Based on the Broward County Property Appraisers website measurement tool, the nearest land on the opposite side of the body of water, was roughly 180-190 feet away. This property has been identified as 1681 NW 36 Terrace. Based on Mr, Rawlerson’s statement, I estimat ram out about 100 feet from where he entered the water. This is an estimate as I éo not know the exact spot of his eniry. August 6, 2019, I took a swom, taped statement from Detective Paul Hormann. The statement was taken within the Internal Affairs office. The following is a synopsis of Hormann’s statement: * On March 8, 2019, Detective Biro located a stolen Lexus SUV in the area of NW 58 ‘Terrace and NW 17 Place. * Biro contacted Hormann, asking for his assistance to conduct surveillance on the vehicle. + Hormann arrived not long after and parked at the southwest comer of 5801 NW 17 Place. He located the stolen Lexus and took the “eye”. * During the surveillance, Hormann observed a white Jeep SUV turn westbound on NW 17 Place from NW 58 Terrace. * Hormann said the Jeep made an abrupt U-turn on 17 Place, to head back eastbound. © Just prior to the vehicle reaching Hormann's position (heading right toward him), it made a northbound turn between the apartment buildings of 5801 and 5811 NW 17 Place, 3The Jeep drove to the back, right comer of the lot and after making multiple attempts, it backed into a parking spot. As the vehicle passed by Hormann, he said he could see that the driver was wearing a white t-shirt, and no seatbelt could be seen across his chest. A short time after, Hormann and Biro decided to approach the Jeep. Hormann drove his unmarked vehicle toward the Jeep and tured on his flashing police lights. He was immediately followed by Biro, who was in a separate, unmarked vehicle, As Hormann and Biro approached the Jeep, all four doors opened and all occupants fled ‘on foot. Hormann said he ran after a group of the subjects northbound, and then east toward 58 Terrace. He said as they crossed over NW 58 Terrace, one of the subjects tripped and fell. Hormann was then able to detain that subject. Hormann then advised over the radio of another subject who continued running eastbound. He described the subject as wearing a white t-shirt and blue basketball shorts. Hormann said once detained, he walked the subject back to the location where the Jeep was parked and secured the area as a crime scene. Hormann said he never went to the scene of the drowning. August 7, 2019, I took Officer Ryan Biro’s sworn, taped statement. The statement was taken within the Internal Affairs office. The following is a synopsis of the statement: Biro said he used publically available social media sites as an investigative tool. On March 8, 2019, Biro determined there may have been a stolen vehicle in the area of Lakeside Manor apartments, Biro responded to Lakeside Manor, located in the atea of NW 17 Place and NW 58 Terrace. While conducting a search of the parking lot, Biro located a black Lexus SUV, unoccupied. He then determined the vehicle had been reported stolen. Biro then contacted Hormann to assist with conducting surveillance of the Lexus. 4Biro said once Hormann arrived, he took over the “main eye” of the Lexus, as his [Biro’s] vehicle was not conducive to a surveillance situation. Along with the information he gathered prior about the stolen Lexus, Biro also observed subjects on social media in a white Jeep Cherokee. So he said, when Hormann brought it to his attention that there was a suspicious white Jeep in the area, he [Biro] had a suspicion it was also stolen. Biro said as Hormann began to approach the Jeep, he followed. Biro said as he observed Hormann open his car door to exit, he also began to exit his vehicle, He said although he did not have a clear view of the Jeep, he could see the feet of the occupants of the Jeep, begin to run from the vehicle. Biro said he quickly intercepted one of the subjects as he fled to the south, Biro said once his subject was secured, he confirmed through dispatch that the Jeep was in fact stolen, He then stood by at that location while other officers worked on locating the outstanding subjects, When asked if, prior to the incident, had he ever met UNNI Biro said he had, He said he previously arrested§QJIINMor auto theft. Biro said he had never met any of the other three (identified) individuals involved, who fled from the Jeep. August 14, 2019 - After a thorough review of the case file, I developed a list of items I determined were missing, I sent an email to Detective Haggard and asked that he gather the following items for me: Naveen E Det. Cieza-Aguilar’s supplement regarding ¥4 mile measurement. Search warrant for Jeep (Coronado). Rangel’s report. Original Theft report for Jeep. Printed crime scene photos. Photos of other 3 suspects while on scene, or from that day. Carrasco’s photos of Ieep. Thave since received Rangel’s investigative report, the original theft report for the Jeep and Carrasco’s crime scene photos of the Jeep.August 22, 2019, I viewed th QM terview fom March 8,019. On the Video AJBMBis observed wearing a white, short sleeve shirt, with lettering on the front. Under the white shirt, is a long sleeve camouflage shirt. He is also wearing long black pants and has a medium afto, ‘The following is a paraphrased synopsis of the setement: * During school on March 8",@MB was provided information by another, unknown student, of a location to buy Cannabis. This student pu QA into contact with two other males, who would take (ito said location, © QMBia it was arranged for him to meet these subjects at the green & white ‘periments. + RB 2d be was with TT p?). + The three went to the apartments and met with two otherblack males JIINIIMid he did not know these subjects, but believed he went to Plantation Middle with one of them, He did not know their names or nicknames. . id the five of them walked to a near-by white 4-door ear with black windows, id he sat behind the driver MMMM sat to his right (middle seat) andi sat behind the front passenger. The two other subjects sat in the front seats. ABMEID vc n0t describe the driver’s clothing, but saidhe had a short affo. © QMBBB said the front passenger was wearing a black lank-top and also had short hair with twists. » GBB sic they drove to a location past the Swap Shop where he andfiipurchased Cannabis. © @EEED said they then drove directly back to the ares of the apartments, where they parked the car. «Shortly after, while still seated in the car, they were pproached by undercover police. Jsaid he attempted to open his door to exit, but the driver shut his door from the outside while flecing. ae: to reopen his door to get out. As he attempted to flee, ‘he was almost immediately taken into custody. © QRH nitted that he knew the car was stolen and thethe possessed Cannabis.August 22, 2019, I viewed the QUEM intBview fom March 8 2019. During the Jnterew AMM s observed wearing a purple, shovtslowe Nike shit, with a white shit underneath, He is also wearing long blue jeans and has a short affo. ‘The following is @ paraphrased synopsis of his statement: + GEREBid be met up withggPand Mio buy Cansabis from someone, He said they ended up meeting with two other subjects, whom he dnt know. He said the subjects ‘were associated witht : They entered a white car and drove to the area of Dillard, where they purchased Cannabis. They then drove back, where they were “blitzed” by police, He said a subject in the front seat yelled “Buck”, and all five exited the vehici. He said he ran and was shortly After taken info custody by officers, He said he knew the boys in the front did not have diver’s licenses, and that he knew the vehicle was stolen. although he did not know the two subjects in the front seat, he had seen © the boy seated in the front passenger seat before, He abu said the subject had bwis)s.. September 3, 2019, Ireceived a copy of the Search Warrant for the Jenp from Det. Haggard. September 4,2019, received printed, color cine seene phos fom PIP Pinte. t September 12, 2019, I took Officer Eric Plunske’s swom, taped statement. The statement was taken within: Internal Affairs office. The following is a synopsis of the statement: Officer Plunske said he was aware Officer Biro was in tat area of NW 17 Place and 58 ‘Terrace, watching a stolen vehicle, He said he was in the area of NW 60 Avenue and WW. Oaflland Park Boulevard, preparing to head westbound, when Officer Biro called out the “bail-out” over the radfo, He said he made a U-turn and began heading to the area io assist. When Det. Hormann indicatéd one of the suspects was running to the ara of the Wimbledon Apartment complex in Lauderhill, Officer Plunske headed to that speific location, Officer Plunske said he was just behind Officer Wakes, who had spotted a suspect running in the area of 1700 NW 58 Avenue, in Laudethil], He observed Officer Walker in foot pursuit of the suspect, and he then exited his vehicle to assist Officer Walker. 7Officer Plunske said he and Officer Walker chased the suspect to the rear of the townhomes on NW 57 Terrace, where the suspect imnediately jumped a wooden fence, heading southbound behind the homes. Officer Plunske said he and Officer Walker ran beck to the front of the townhome, towards the south side. When they arrived at the S/Weomer, the suspect had emerged and crouched in front of a vehicle, that was parked in font of 1716 NW 57 Terrace. Officer Plunske said he approached the left side of te vehicle while Officer Walker approached the right side, He said the suspect raised his arms in the air as if he was going to suender. He said as he and Walker closed in on the suspect, while giving verbal commands, the suspect dropped his hands and tegan to run again. Officer Plunske said Officer Walker then attempted to Tase the suspect but missed. Officer Plunske said the suspect ran east, then south-esst, before making a running leap into the body of water. Officer Plunske said the suspect began swimming at a decent pace oiut, using a controlled, overhand stroke. As the suspect swam, Officer Plunske said he and Officer Walker were yelling to him to “come back”, and not toswim “out there”. Officer Plunske said the suspect appeared to be a proficient swimmer, and was headed in a southeast direction, Officer, Plunske said he believed the suspect was going to be able to swim across the body of water, so he asked over the police radio to position another officer at his projected landing point. Officer Plunske said at the pace the suspect was swimming, he [Plunske] believed the suspect was definitely going to make it across to the otter side. Officer Plunske, said at about the midway point, the sspect stopped swimming, looked at the wall (seawall) ahead of him, then back towards he officers, then forward again. Officer Plunske said at that point, the suspect was treaing water, not showing signs of a struggle, He said the suspect was keeping his head above water, with his shoulders visible. As moments passed, Officer Plunske said the suspect began showing signs of a struggle, trying to keep his head above water. He said the suspect then went underwater, and then quickly popped back up. Officer Plunske said when the suspect went under a second time, he began taking off his duty equipment, intent on going in the water to rescue the suspect. He said by the time he had taken off his gun belt, duty vest and shoes, the suspect had gone under a final time and was no longer in sight.* Officer Plunske said rescue devices were thrown towards the suspect, from both sides of the body of water, but the suspect had already gine under and could not be seen through the murky water, September 18, 2019, I took Officer Terence Walker’s swom, taped statement. The statement ‘was taken within the Internal Affairs office. The following is «synopsis of the statement: * Officer Walker said, approximately 1 hour before the onset of this incident, he saw Detective Biro at the cast Police Sub-station. While in contact, Detective Biro mentioned to Walker that he would be out looking fore stolen vehicle, * Moving forward to the moment Detective Biro advised “Bailout” over the radio, Detective Walker said he was in the area of NW 60 Tarace and NW 26 Street. ‘+ In response to Biro’s radio transmission, Walker said he began driving Code-3 to the area, Based on other officers’ radio transmissions, Walker said he ended up in the area of NW 57 Terrace and 17 Court, in Lauderhill. * Walker said, while still scated in his police unit, lookiag cast, he obscrved a black male peeking out from the rear comer of a townhome, Walker said he exited his unit and began running towards the suspect. Walker said he yelled to the suspect that he was Sunrise Police, and to stop raning. The suspect ran south to the rear of the townhomes, jumping fences. + Walker said he [Walker] ran back around to the front of the building and then south. He and Officer Plunske then observed the suspect hiding behind a vehicle parked in front of 1716 NW 57 Terrace. * Walker said he drew his Taser and ordered the suspest to the ground. Walker said the suspect acted as if he was going to surrender, before fleeing again, southbound. + Walker said after the suspect took 3-4 steps away, he deployed a cartridge from his ‘Taser, which missed, Walker said he knew the Taser robes missed the suspect because he was still able to run, * Walker said the suspect then dove from the seawall, directly into the body of water. Walker said he removed the cartridge from the Taser and re-holstered. He said he then dropped the used cartridge to the ground and refocused on where the suspect Was. * Walker said the suspect began swimming in a southeist direction, toward the opposite canal bank. * Walker said the suspect swam out to about the center of the canal.* Officer Walker asked the residents of 1716 NW 57 Terrace, who had come outside, if they had a rope or something he or Officer Plunske wuld use to tie to themselves, s0 that one of them could go rescue the suspect. * Also, as the suspect was swimming, Officer Walker sid he was continuously yelling for him to “Come back”. * At some point, Walker said the suspect stopped swinming and began treading water. The suspect then went under the water and back up,2-3 times, before finally staying submerged. * Prior to going underwater, Walker said the suspect ydiled “Help” a few times. Walker said he attempted to maintain a visual of the area tut he last saw the suspect, so he could direct rescuers to that location, * Walker confirmed, neither he nor any other oflicer, ever had custody of the suspect prior to him jumping into the canal. * Walker said he remained on scene while the body was recovered fiom the waterway. * After concluding my taped statement with Oficer Walker, he mentioned a few additional things I felt were important to put on the reord. Therefore, we immediately went back on tape to continue the statement, ‘+ The first additional thing addressed was a rumor, tat Officer Walker kept Officer Phinske from entering the water. Officer Walker said essentially, that it was not that they did not want to enter the water, but that if they di, they had to doit safely. He did ‘not want either himself, or Officer Plunske to become «ditional drowning victims, * Officer Walker also said, based on how well the susject dove into the water and how well he was swimming, he thought the suspect was giing to make it to the other side, He also felt that when the suspect stopped to tread water, thet he was contemplating swimming back. + Walker said he was pleading with the suspect to retun, Walker said he was shocked when the suspect began to struggle. ‘September 30, 2019, I took Officer John McEvoy’s sworn, taped statement. The statement was taken within the Internal Affairs office. The following is asynopsis of the statement: * Officer McEvoy said he was patrolling the eastern partion of the City when Det. Biro called out that he had a bailout. 10* - McEvoy said he traveled to the area, and when he apptoached the 5800 block of NW 19 Street, he observed a black male emerge from the rar of residential homes, running. ‘The male appeared from the homes on the south side f NW 19 Street, heading north, + McEvoy said when the subject saw him, he began walking in the opposite direction and threw a shirt over a fence, + McEvoy said he contacted the subject, and shortly after, left him with two other officers. * McEvoy said he then responded to the area of the downing. He said based on radio transmissions, he positioned himself at the southeastcomer of the body of water and then approached the bank on foot. + He observed a suspect swimming in the center of the waterway, and very soon after, observed the suspect submerge. * McEvoy said he could only see the suspect's head, ortop portion of it, before he went completely underwater, + Mcbvoy said other officers responded and began thowing rescue dises out into the water, but he believed the suspect was too far out io reach, and he was no longer visible. October {*, 2019, I took Officer Jordan Pacheco’s sworn, tad statement, The statement was taken within the Internal Affairs office. The following is a sympsis of the statement: + Officer Pacheco said as he was responding to the call, he heard Officer McEvoy over the police radio going out with a possible suspect, andresponded to back him up, * Pacheco said he and Officer Wray arrived at McEvoy’: location at the same time, ‘+ He said the subject was then detained and placed in ine back seat of his marked unit, Pacheeo described the subject as a black male, roughly 18-20 years old, heavy-set, with a short afto. * Pacheco said, while in his police unit, he obtained the subject’s information, The subject identified himself as follows: + I determined the subject provided Officer Pacheco vith an alias, and his true name, iaken from the Depent of Juvenile Justice, is rs fovide his correct address. i* Officer Pacheco said he then read @¥qIIMY his Mirada warnings, which he waived. Pacheco said QB was unwilling to answer basi: questions about the auto theft, and would only say that he was just walking to a friend's house. * Pacheco said eventually, Detective Kevin Fernandez and Detective Carrie Norwood responded to his location and spoke with QD ter their interviews was, released from the scene, + Lasked, while detained, if QJM learned that someone related to the incident had drowned. Pacheco said, he did. * Pacheco said at some point, a group of bystanders aproached the open, driver's door of his marked unit and yelled back to JID iat Qpicowncd", * Pacheco said QMMMPbecame extremely emotional aid said things like, “My brother, Tean’t believe he’s gone, how could this happe, that’s my brother”. October 3°, 2019, I took Officer Christopher Wray’s swom, taped statement. The statement ‘was taken within the Intemal Affairs office. The following is asyaopsis of the statement: * Officer Wray said he backed-up K9 Officer McEvoy alter he went out with a subject on NW 19 Street. © Wray said as he arrived, he observed a black male onthe ground, He said he detained the male in handcuffs and placed him in the back of his patrol car. * Officer Wray said he remained at that location for appoximately an hour end a half, At ‘that time, Officer Wray said he tumed the male over to O:ficer Pacheco because he was requested to go to 5801 NW 17 Place. + Officer Wray described the black male as chubby, with short hair, between 16 & 17 years of age, with a tattoo across his chest. * Officer Wray said at one point, QD identified QiBpas his cousin. In Summary: Detectives Biro and Hormann attempted contact with the oorypants of a white Jeep, which they believed to be stolen. At the time, there were 5 black male oorypant in the Jeep, all of whom fled on foot upon seeing the approaching officers. Officer Bizo immediately advised over the police radio of the bailout. 12The 3 subjects who were in the rear seat of the Jeep, were quickly thereafter detained. They were identified as: 1) ee ho was seated behindihe driver. He was taken into custody by Detective Biro. ‘who was seatel in the rear, middle seat, between ? (GREED |'¢ 828 t2Xcn into custody by Oficers Morin & D. Williams, 3) ay. ‘who was seated behind the front passenger seat. He was taken into custody by Detective Hormann, The driver and the front seat passenger continued running. They sealed a fence, heading east into Lauderhill, just as Detective Hormann (oc into custody. Shorily after Detective Hormann observed the two outstasding suspects jump the fence, K-9 Officer McEvoy, detained a suspect identified as ER i: his white t- Jwasibe driver of the shirt over a fence, just prior to being detained, stolen Jeep and was the suspect who scaled the fence wit ‘After scaling the ‘ence, north toward NW 19 Street and was intercepted by Officer ME ontnaed running toward NW 57 Terrace, where he was spotted by Officer Walker, Officer Plunske joined Officer Walker in pursuing (Mi a foot. Officer Walker attempted to Tose QML ut missed. QYMMBjumped into a targe canal snd quickly swam out approximately 100 feet, and ultimately drowned. Although at no time prior to his recovery, was (QJM) in the actual custody of the Sunrise Police Department, the investigation was handled as an “in-custoly” death. As such, an independent agency, namely the Broward Sheriff's Office, was requestid to handle the death investigation, ‘Their investigation, in conjunction with that of the Broward Medical Examiner's Office, concluded the death off }was caused by accidental drowning, Typically, this investigation would have been handled as a vole, by our agency, but because the Sheriff's Office became involved, the investigation beame somewhat ffagmented. This ‘intentionally caused some facets of the case to go by ite wayside, which precipitated this review. See Findings & Disposition page for further. BSUNRISE POLICE DEPARTMENT Anthony Rosa Chief of Police 10440 W Oakland Park Blvd Sunrise, Florida 33351 (954) 764-4357 Internal Affairs Investigative Report Narrative Il. INVESTIGATIVE FINDINGS and DISPOSITION: The purpose of this intemal, administrative review was to loik at all aspects of the case, from the beginning, to the end. I analyzed all facets, conceming reative Sunrise Police Depattment Policies é& Procedures, A secondary purpose of my review was to provide insight into areas of ‘the incident, which were not addressed by the Sheriff Ofice’sinvestigation, as it was generally focused on the drowning, The following is a summary, with ny analysis: Detectives Biro and Hormann, at the time of this incident, were assigned to the Departinent’s Strategic Investigations Section. A key part of their job dutiss was to focus on the crimes of Burglary and Auto Theft. While monitoring publically accessible social media sites, Detictive Biro believed a stolen black Lexus was in the area of the 1700 block of NW 58 Terece, in the City of Sunrise, The Lexus had previously been reported stolen from the City of Hantation, The Lexus was in fact located in said area by Detective Biro. While surveilling the lexus, Detective Hormann set up in the area to assist Detective Biro. During said surveillance, Detective Hormann observed, ‘hat he believed to be, a second, occupied stolen vehicle. Thevehicle was identified as a white Jeep Grand Cherokee, which had been stolen from the Ciy of Parkland, during the early -morning hours-of March-7,-2019;-According-to-the original BSO theft report, the-crime- was captured on surveillance video. In the video, the Jeep was sen being driven away from the victim’s home, accompanied by a small, dark SUV. The suspieis could not be identified in the video, and itis unclear ifthe dark SUV is the black Lexus invalyed in this investigation. + Based on my review of the facts, I determined Detectives Biro and Hormann had legal basis to conduct a traffic stop on the white Jeep for aseatbelt violation. Coupled with said violation, the detectives had reason to believe the vehicle was stolen, Crime scene photos prove the driver of the Jeep was not wearing a seatbelt, as the belt is seen buckled across the seat in the photographs, This wouldiacicate the driver was sitting on the belt, rather than wearing it. Upon approaching the Jeep, both detectives were 1dressed in a way that clearly identified them as polve officers. In addition, Detective Hormann utilized his emergency police lights, which were visible to the suspects, As detectives approached the Jeep, 5 occupants fled on fost, At the moment they fled, Detective Biro immediately advised “Bailout” over the polite radio. He then indicated he had “one detained” and provided the Jeep's tag number to the dispatcher. He also indicated he believed the vehicle was stolen. Detective Biro had taken QUINN into custody. * Approximately 30 seconds later, Detective Hormann advised dispatch he had a second Suspect in custody. He had taken QUAI nis casioy. * Approximately 20 seconds later, Detective Biro asied dispatch what the Jeep's tag came back to. Dispatch confirmed the Jeep had been ported stolen. * Detective Hormann then provided a description of te driver of the stolen Jeep, who Continued running eastbound towards Lauderhill, He soid the subject was wearing a white tank-top and blue basketball shorts. + Thus far, itis clear Detectives Homann nd Biso otal properly and had legal basis to stop the Jeep, As the suspeots fled, Detective Biro hadbis suspicion confirmed, that the Vehicle was in fact stolen, The outstanding suspects, sud those already in custody, were now being sought for Felony Grand Theft —Auto, * Officer Walker then observed QIN running on the Lauderhill side, This ‘was also confirmed by Officer Plunske. * After a brief foot pursuit (IEG umped into a body of water and swam out (Southeast) a distance estimated to be +/-100 feet. © Prior to QM entering the water, Officer Walker attempted to Tase him. The investigation conducted by the Broward Sherif’s Ofice, and the investigation conducted by the Medical Examiner’s Office, determited the ‘Taser probes never made contact with QJM Physical evidence on the scene ixdicated the Taser was deployed prior to(GJMND reaching the water. There is no evidence, whatsoever, that Officer Walker attempted to Tase(QJMI§ while in the water. As sated, the on-scene, physical evidence proves otherwise. ‘% I determined Officer Walker was in compliance wit cur Force Guidelines, which provide a framework for making decisions involving the reasonable use of force by criminal justice officers, The structure of the Force Guidelines is based on constitutional considerations and case law and descrites appropriate decision making 2in @ fluid and dynamic situation, The Guidelines ansider the relationship between subject resistance and various situational factors in ftermining the officer's response options, * Affer running from police officers for approximaidy 4 mile, and then swimming approximately 100 feet out, into a large body of water, QD was apparently exhausted and went under water. + Aft EB cbmerged, officers began throwing resize devices into the water, which ‘were ineffective. Not only had (jggiBrlready gone ucerwater and out of sight, but he ‘was out too far and was out of their reach. * QHD wes ultimately removed from the water by Fire Rescue Divers, and was subsequently pronounced deceased. Going back to the moment the suspects fled from the Jeep, there was confusion as to how Tay Suspects actually occupied it. Inthe police repors, there ae references to 4 suspects. Based on my review of the investigation, I determined there were in fict 5. There was also reference toQEEBEEEB cing the driver of the Jeep, and! determined was actually seated in the front passenger seat, prior to the bailout. This is based mostly on the statements of GED 2x6 QD They both said they did not know the driver or ftont-seat passenger in the Jeep, and thal they were put into contact with ‘hem that day, through a third party, solely for the purpose of buying cannabis, They both described the driver as having a short affo, with a stocky tuild and the front Passenger as having short hair with twists. Crime scene photographs show@i2d short hair with twists, Now, very soon after, Detective Homann saw a suspect jumping a fince into Landethll He sotually said, “They ran eastbound, towards Lauderhilt, indicating there was more than one He described one suspect asthe “driver”, wearing a white tank top and blue basketball shorts 1's my opinion tht, at that moment, Detective Hormann belewed that subject was and this is where some confusion originated. I believe the aspect with the blue basketbett shorts was the driver, and is the subject who was detained by K9 Officer McEvoy, Officer Pacheco and Officer Wray. He was identified by Officer Picheco as} GRRE 1211 discarded a t-shirt moments prior to his conect with officers, and he had a stocky build. Again, based on the confusion as to how many stspects fled from the stolen Jeep, in conjunction with the Sheriff's Office taking. over the investigation, QED vas ullimately released. Detective Hormann initially believed the were four suspects involved, would have been a 5, when including ay Tn any event, he was erroneously released,It should also be noted that while QIN was detained ia Oflicer Pacheco’s marked unit, people known to him, began gathering around the polive veticle, seeing he was inside, At one point, someone yelled to QQMINDh2!, QUIINBirowned”. At that time, according to Officer Pacheco’s swom statement, Harrington became visibly distraught, say was his “brother”. This also provides some insight as to how @@EPoother, Teqwia [Laquila} Waters, arrived on scene shortly after the incident occured. It is reasonable to suggest someone who knew@@QQNNB made contact with Ms. Weters, When BSO Detective Jim Hayes made contact with Ms. Waters on the scene, she said “I saw him in that car earlier in the day and I knew something was up”. Tt can be reasonatly assumed she was referring to seeing QP in the stolen Jeep. Ms. Waters then refused tospeak with Detective ‘Hayes any further. T have determined these issues were based on genuine confision, daring a very fast-paced, hectic situation. There is absolutely no evidence of nefariousor improper intent on the part of the officers. It should also be noted that Detective Hormann was the only officer who actually observed the suspects flee from the Jeep. It is apparent, tht up until the conclusion of my interview with Detective Hormann, he believed the subject wio ke observed, in the white tank- top, in the driver’s seat of the Jeep, and then later scaling the fence into the City of Lauderhill, was QED. At the completion of the interview, Detective Homann was shocked ‘when I explained to him that the subject with the white tank-tep and blue basketball shorts, was a) Specifically related to the drowning, I identified Officers Walker and Plunske being at the location where! tered the water. Both Walker and Phnske were yelling for to return to is swam southeast. The eflicers felt, based = swimming abilities, he would easily make his way to the oppisite side of the waterway. When reached the midway mark of the waterway, he began trading water. At about this time, Officer McEvoy arrived on the southeast comer of the waterway. Officer Plunske began removing his police equipment with the intent of entering thewaier, Officer Walker asked Mr. Rawierson for a rope, as he planned for a rescue. The officersrelayed over the police radio, in real-time, exactly what was transpiring, Fire Rescue and dive teams were requested multiple times and officers threw rescue devices towards! loation, bui he was too far out of reach, AfteQ§IIM9 went underwater, he was no longer visible, He did not resurface and was ultimately recovered by Fire Rescue Divers. Based on the fact, I determined the officers made the grim, yet indisputably correct decision, not to enter the vater, It is clear, if they had, they would have put their own lives in peril. They acted in’ acoyrdunce with department policy 19.6.3.3., which states: Officers shall respond to the aid of dl persons in danger unless the probability of losing their own life exceeds the probability ofswccessfudl rescue. Members are expected to summon proper assistance as applicable.IV: CONCLUSION: Ycnowingly and willfully fled from officers, Wiile fleeing, he decided to enter a ‘waterway, where, based solely on his actions, became a drovning victim. My investigation revealed no wrongdoing on the part of any, involved Sunrise Police officers. I have no doubt, that if the officers on the scene of the drowning could have safely rescued QIN) without putting their own lives in grave danger, they would have. This review will be classified as: Closed ‘Dats a) M4 Date ub [a , Dkputy Chief of Police Date Sgt. Brian Stewart, Internal Affairs Date Anthony W, Rosa, Chief of Police