Transcript - IPRA Interview - Whigham

INDEPENDENT POLICE REVIEW AUTHORITY LOG #1073693 U#15-02
STATEMENT OF P.O. JAMES WHIGHAM
CONDUCTED BY INVESTIGATORS ABBRUZZESE AND WHITE
ON FEBRUARY 17, 2015 AT 1356 HOURS
AT THE INDEPENDENT POLICE REVIEW AUTHORITY'S OFFICE
LOG # !o? 3 09_3

Page 1 of 52
Attachment 47
ABBRUZZESE: This is the audio recorded statement of

2 Officer James Whigham reference Log number
3 1073693 U number 15 dash 0 0 2. Today's date is
4 the uh 17th of February 2015 and it is
5 approximately uh 1356 hours. This statement is

6 bein' taken at the office of the Independent
7 Police Review Authority located at 1 6 1 5 West
8 Chicago Avenue. I'm Investigator William
9 Abbruzzese, that's A B B R U Z Z E S E, and my

10 Star number is 1 7 0. And Officer uh Whigham are
11 you accompanied by counsel or representative of
12 your choosing?
13 P.O.WHIGHAM: Yes.
14
15 ABBRUZZESE: Okay. And counsel can you please state and
16 spell your full name for the record?
17 Attorney
18
19
20 ABERUZZESE: Also sitting in the statement today is
21 Investigator LaKenya White. And uh Investigator
22 White can you please state and spell your full
23 name for the record?
24 WHITE: Sure. That'sLAcapitalKENYA. Last name
25 is White, W H I T E, my star is 1 2 2.
26
27 ABBRUZZESE: Okay and Officer Whigham can you please
28 state and spell your full name for the record?
29 P.O.WHIGHAM: Uh full name is James Whigham. Uh last name
30 is spelled W H I G H A M, Star number 3 4 6 2,
31 Chicago Police Department.
32
Page 2 of 52
ABBRUZZESE: Okay and what is your employee number?

2 P.O.WHIGHAM: Employee number is .
3
4 ABBRUZZESE: And what is your age and date of birth?
5 P.O.WHIGHAM: My age is 35 years of age. ,
6 1979 my date of birth.

7
8 ABBRUZZESE: Okay and what is your date of appointment to
9 the Department?
10 P.O.WHIGHAM: 31st of July 2006.
11
12 ABBRUZZESE: Okay. And what unit are you currently
13 assigned to?
14 P.O.WHIGHAM: I'm currently assigned to the Gang
15 Enforcement Unit, Unit Area South, Unit number
16 312.
17
18 ABBRUZZESE: 312 and how long you been uh assigned to
19 unit 312?
20 P.O.WHIGHAM: Uh approximately six months, six, seven
21 months now.
22
23 ABBRUZZESE: Okay and where were you prior to that?
24 P.O.WHIGHAM: I was urn detailed to the narcotics division,
25 unit 189 for approximately eight months.
26
27 ABBRUZZESE: For eight months.
29
30 ABBRUZZESE: Okay and then prior to that?
31 P.O.WHIGHAM: Worked in uh District 6 Chicago Police
32 Department.
Page 3 of 52
1
2 ABBRUZZESE: As patrol?
3 P.O.WHIGHAM: Yes.
4
5 ABBRUZZESE: Okay and how long were you in patrol for?
6 P.O.WHIGHAM: Patrolled for about six years, six and a
7 half years.
8
9 ABBRUZZESE: Six years, okay. And then prior to the 6th
10 District?
11 P.O.WHIGHAM: Uh I was at the Academy.
12
13 ABBRUZZESE: And that was your training?
14 P.O.WHIGHAM: Yes six months.
15
16 ABBRUZZESE: Okay. All right. And do you understand
17 that you're being questioned as a witness in this
18 investigation. And that no allegations of
19 misconduct have been made against you at this
20 time?
21 P.O.WHIGHAM: Yes I do.
22
23 ABBRUZZESE: Okay. And are you prepared to give a
24 statement at this time with counsel?
25 P.O.WHIGHAM: Yes. I would like to make a statement
26 before, this statement is not being given
27 voluntary but under duress I'm only givin' this
28 statement at this time because I know that I will
29 loose my job if I refuse the direct order given
30 to me.
31
Page 4 of 52
ABBRUZZESE: Okay. Are you aware that this statement has

2 the standing of an official Department report.
3 And that any falsification of any answer to any
4 question would be in direct violation of
5 Department rules and regulations?
6 P.O.WHIGHAM: I do understand.
7
8 ABBRUZZESE: Okay. And given that, I would like to
9 remind you that failure to provide a complete and

10 accurate statement could result in a finding of
11 violation ~f Rule 14 and disciplinary action up
12 to and including separation. Do you understand?
13 P.O.WHIGHAM: I understand.
14
15 ABBRUZZESE: Okay. The digital recording device being
16 used to record your statement is very sensitive
17 and will pickup any whispered conversations that
18 occur in its proximity. If you would like to
19 request a break during this statement you may do

20 so verbally by statin' that you would like a
21 break or non-verbally by raisin' your hand. Do
22 you understand?
23 P.O.WHIGHAM: I understand.
24
25 ABBRUZZESE: Okay. And what was your duty status on the
26 7th of February 2015 at 1436 hours?
27 P.O.WHIGHAM: I was on patrol.
28
29 ABBRUZZESE: On patrol.
31
Page 5 of 52
ABBRUZZESE: Okay. And what hours were you working that
2 day?
3 P.O.WHIGHAM: Workin' the hours from 0900 to 1800 hours.
4
5 ABBRUZZESE: Okay. And what was your assignment for that
6 day?
7 P.O.WHIGHAM: My assignment was to conduct uh patrol of um
8 any urn crime activity or gang activity in the 5th
9 District.
10
11 ABBRUZZESE: Okay. Is that your normal assignment?
13
14 ABBRUZZESE: Okay. And uh what vehicle were you assigned
15 to?
16 P.O.WHIGHAM: I was assigned to vehicle number 16 66.
17
18 ABBRUZZESE: Okay. And what kinda vehicle is that?
19 P.O.WHIGHAM: It's a uh Chevrolet Impala unmarked squad
20 car.
21
22 ABBRUZZESE: Okay and did that unmarked squad car have a
23 PDT?
24 P.O.WHIGHAM: No.
25
26 ABBRUZZESE: Did it have uh emergency equipment?
28
29 ABBRUZZESE: And what kind of emergency equipment?
30 P.O.WHIGHAM: Uh lights and sirens.
31
32 ABBRUZZESE: Lights and sirens, okay. In--car camera?
Page 6 of 52
1 P.O.WHIGHAM: No.
3 ABBRUZZESE: And how 'bout GPS?
4 P.O.WHIGHAM: I don't know if it works.
6 ABBRUZZESE: Okay. And did you have a partner?
7 P.O.WHIGHAM: Yes.
9 ABBRUZZESE: And who was your partner?
10 P.O.WHIGHAM: My partner that day was Officer Dercola.
11
12 ABBRUZZESE: Okay and can you spell his uh last name?
13 P.O.WHIGHAM: DERCOL A.
14
15 ABBRUZZESE: Okay. And have you worked with this officer
16 in the past?
18
19 ABBRUZZESE: And how often?
20 P.O.WHIGHAM: Every so often, not often.
21
22 ABBRUZZESE: So he's not your routine partner?
23 P.O.WHIGHAM: No he's not.
24
25 ABBRUZZESE: Okay. All right. And every so often how
26 often would you say? Once a month?
27 P.O.WHIGHAM: 'Bout once every two weeks. Or
28
29 ABBRUZZESE: Once every --
30 P.O.WHIGHAM: -- twice a week.
31
32 ABBRUZZESE: Twice a week?
Page 7 of52
1 P.O.WHIGHAM: Yes.
2
3 ABBRUZZESE: Okay. All right. And were you in uh
4 uniform or civilian dress?
5 P.O.WHIGHAM: Civilian dress.

6
7 ABERUZZESE: Okay and can you explain uh what you were
8 wearin' that day?
9 P.O.WHIGHAM: Yes I was wearin' civilian dress clothes
10 also with uh my vest that have the police logo on
11 the back. With my star and name uh stitched on
12 the front.
13
14 ABBRUZZESE: Okay and that's the embroidered star?
16
17 ABBRUZZESE: Okay. All right. And prior to the traffic
18 stop Mr. uh and for the record
19 is uh
20 what were you and your partner doing?
21 P.O.WHIGHAM: Uh we received a call from one of our um

22 fellow teammates.
23
24 ABERUZZESE: Okay who was that?

25 P.O.WHIGHAM: Uh Officer Gaeta.
26
27 AEBRUZZESE: Gaeta?
29
30 ABERUZZESE: Okay and whaddid Officer Gaeta um relate to

31 you?
Page 8 of52
INDEPENDENT POLICE REVIEW AUTHORITY LOG 41073693 U#15-O2
P.O.WHIGHAM: He related to me that there was, he saw a

2 vehicle that uh did two hand to hand uh possible
3 narcotic transactions.
4
5 ABBRUZZESE: Okay and the vehicle did he identify what
6 kinda vehicle it was?

7 P.O.WHIGHAM: He did but I don't remember what he said
8 right then and there.
9
10 ABBRUZZESE: Okay. And did he telephone you or did he
11 telephone Officer Dercola?

12 P.O.WHIGHAM: Uh he telephoned me.
13
14 ABBRUZZESE: Telephoned you. And that was via a mobile
15 phone?
17
18 ABBRUZZESE: Okay. Um was anything related to you over
19 the um Chicago Police radio?
20 P.O.WHIGHAM: No not that I remember.
21
22 ABBRUZZESE: Okay. Before um Officer Gaeta contacted you
23 via the telephone what other types of activity
24 were you doing uh during your shift? Prior to
25 stopping
26 P.O.WHIGHAM: Just patrol.
27
28 ABBRUZZESE: Just patrol. Okay. Okay. And um so
29 Officer Gaeta gives you this information about
30 some (inaudible) transactions is that correct?
31 P.O.WHIGHAM: That's correct.
32
Page 9 of52
1 ABBRUZZESE: Okay and what's uh Officer Gaeta instruct
2 you to do?
3 P.O.WHIGHAM: Uh he was givin' us direction where the
4 vehicle was goin'. Uh I'm still on the phone
5 with him then he saw us from his location and
6 related to me that the vehicle was in front of
7 me. That he saw that they did narcotics
8 transaction.
10 ABBRUZZESE: Okay so vehicle was in front of
11 you and that's what Gaeta was relating to you
12 over the phone?
14
15 ABBRUZZESE: Okay. All right and so can you please
16 explain your involvement in the traffic stop of
17 Mr. that occurred on the 7th of uh
18 February 2015?
19 P.O.WHIGHAM: Yes. Um The um was driving. Um he
20 went to 115th Street and we curbed the vehicle
21 approximately around 320 to 318 West 115th Street.
22
23 ABBRUZZESE: Okay and let me just stop you there. Were
24 you the driver or the passenger of the squad car?
25 P.O.WHIGHAM: I was the passenger.
26
27 ABBRUZZESE: You were the passenger. Okay. All right.
28 And go 'head so you curb the vehicle and what
29 happened next?
30 P.O.WHIGHAM: Well we approach for a field interview.

31
32 ABBRUZZESE: Okay and how did you approach the car?
Page 10 of 52
P.O.WHIGHAM: I originally approached on the passenger

2 side.
3
4 ABBRUZZESE: On the passenger side?
5 P.O.WHIGHAM: Yes.
6
7 ABBRUZZESE: And Officer Dercola he approached on the
8 driver's side?

10
11 ABBRUZZESE: Okay and what happened next?
12 P.O.WHIGHAM: Um he was talkin' to uh um for
13 havin' a conversation. And I saw that he wasn't
14 bein' very cooperative uh with my partner.
15
16 ABBRUZZESE: Okay and explain how he wasn't bein'
17 cooperative?
18 P.O.WHIGHAM: Um very uh verbal yelling uh at my partner.
19
20 ABBRUZZESE: And what was he yelling?
21 P.O.WHIGHAM: I don't remember the words, what he was
22 sayin'.
23
24 ABBRUZZESE: Okay. And at this point um Dercola's at the
25 driver's window is that correct?
27
28 ABBRUZZESE: Okay. And is uh does he have his
29 driver's window down or is he uh you know the
30 door open or --
31 P.O.WHIGHAM: He just had his window cracked.
32
Page 11 of52
1 ABBRUZZESE: Cracked.
2 P.O.WHIGHAM: Yes.
3
4 ABBRUZZESE: Okay. So there's some verbal uh
5 conversation gain' back and forth is that
6 correct?
7 P.O.WHIGHAM: Yes.
8
9 ABBRUZZESE: Okay what happens, what happens afterwards?
10 P.O.WHIGHAM: Then I move to the uh other side of the
11 vehicle.
12
13 ABBRUZZESE: So you're on the driver's side?
15
16 ABBRUZZESE: Okay. And what happens next?
17 P.O.WHIGHAM: Then uh few moments later Officer Gaeta and
18 ~fficer Matheos pulled up to assist.
19
20 ABBRUZZESE: Okay they pulled up to assist. So uh you're
21 on the driver's side with Dercola and are you uh
22 are you and Dercola before Gaeta and his partner
23 come, are you tryin' to do something? Uh are you
24 tryin' to get out of the vehicle? Or are
25 you tryin' to obtain any information from him?
26 P.O.WHIGHAM: Um he was instructed by my partner to step
27 out the vehicle.
28
29 ABBRUZZESE: Step outta the vehicle.
31
32 ABBRUZZESE: Okay. Urn and did he?
Page 12 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG *1073693 U#15-02
1 P.O.WHIGHAM: No he did not.

2
3 ABBRUZZESE: Okay. Uh did you try to open up the door at
4 any point?
5 P.O.WHIGHAM: Uh I didn't.
6
7 ABBRUZZESE: Okay how 'bout Dercola, did he try to open
8 up the door?
9 P.O.WHIGHAM: I don't remember.
10
11 ABBRUZZESE: Okay. How long would you say that you both
12 you and your partner were on scene before Gaeta

13 and uh Matheos show up?
14 P.O.WHIGHAM: Uh had a quick just a few moments. I'm not
15 sure 'bout the time.

16
17 ABBRUZZESE: Okay. So once Gaeta and Matheos show up,
18 what happens next?
19 P.O.WHIGHAM: Um they uh approach the vehicle and
20 instructed him to uh step out the vehicle.
21
22 ABBRUZZESE: Step outta the vehicle.
24
25 ABBRUZZESE: Okay. And everybody's on the driver's side
26 is that correct?
28
29 ABBRUZZESE: Okay. And what happens next?
30 P.O.WHIGHAM: Um few moments later I heard the uh vehicle
31 switch gears.
32
Page 13 of 52
1 ABBRUZZESE: Switch gears?

2 P.O.WHIGHAM: Yes.
3
4 ABBRUZZESE: ~kay. And are you still on the driver's
5 side at this point?
6 P.O.WHIGHAM: I'm on the driver's side at the rear ~f the
7 vehicle.
8
9 ABBRUZZESE: And where at the rear of the vehicle would
10 you say that you're located?
11 P.O.WHIGHAM: On the driver's side, the rear of the
12 vehicle.
13
14 ABBRUZZESE: Okay so are you completely at the back
15 bumper or are you like by the driver's rear door?
16 ~r
17 P.O.WHIGHAM: I would say round by the gas tank. Like
18 where your gas tank is located at.
19
20 ABBRUZZESE: So the gas tank and like the rear wheel?
22
23 ABBRUZZESE: Okay. So um you hear it go into gear, what
24 happens next?
25 P.O.WHIGHAM: Um I moved outta the way.
26
27 ABBRUZZESE: Okay and how did you move outta the way?
28 P.O.WHIGHAM: Um I stepped away from the vehicle.

29
30 ABBRUZZESE: Stepped away from the vehicle.
32
Page 14 of 52
1 ABBRUZZESE: Okay do you remember to the left or to the
2 right?
3 P.O.WHIGHAM: To the left.
5 ABBRUZZESE: To the left, okay. And what happens next?
6 P.O.WHIGHAM: Uh the ve, he uh drove it in reverse and
7 hit, damaged our squad car.
9 ABBRUZZESE: Damaged your squad car?
11
12 ABBRUZZESE: Okay. So and you observe him damage your
13 squad car is that correct?
15
16 ABBRUZZESE: Okay. When he does this where are Matheos,
17 Gaeta and Dercola standing?
18 P.O.WHIGHAM: I know they was all in front a me but
19 approximately where I don't know.
20
21 ABBRUZZESE: Okay.
22 P.O.WHIGHAM: But they was within arm lengths of this
23 vehicle.
24
25 ABBRUZZESE: Okay. And just to go back when he uh put
26 the, when put the car in reverse were
27 Dercola, Gaeta and Matheos still at the driver's
28 side door?
29 P.O.WHIGHAM: Um I know they was still on the driver's
30 side but I couldn't tell you like approximately

31 where because the vehicle came in reverse.
32
Page 15 of 52
1 ABBRUZZESE: Okay. Okay. All right so once he hits your

2 squad car what happens next?
3 P.O.WHIGHAM: And then um I see um I hear the tires
4 screechin' and then uh headin' towards uh the
5 three officers Gaeta, Matheos and Dercola.
6
7 ABBRUZZESE: And how does he head towards Matheos, Gaeta
8 and Dercola?
9 P.O.WHIGHAM: He cut his wheels and um put the vehicle
10 forward.
11
12 ABBRUZZESE: And put the vehicle forward?
14
15 ABBRUZZESE: Okay. Um when he does that do you say
16 anything to the officers to warn them?
17 P.O.WHIGHAM: Um no I, I don't remember it happened so
18 quick.
19
20 ABBRUZZESE: Okay. Okay. How far a distance between you
21 and the other officers is between you?
22 P.O.WHIGHAM: Within, within five feet.
23
24 ABBRUZZESE: Within five feet?
26
27 ABBRUZZESE: Okay. All right. So he puts it in drive
28 and he, and he cuts the wheel is that correct?
30
31 ABBRUZZESE: Okay. And does he, does he go towards
32 Gaeta, Matheos and Dercola?
Page 16 of52
1 P.O.WHIGHAM: Yes.
2
3 ABBRUZZESE: Okay. Do you see uh Matheos, Gaeta and
4 Dercola move at any point?
6
7 ABBRUZZESE: Okay.
8 P.O.WHIGHAM: Don't remember.
9
10 ABBRUZZESE: Okay. Before this all occurs, before he
11 actually throws it, or when he throws it into
12 reverse are any of the officers giving him verbal
13 commands to get outta the vehicle?
14 P.O.WHIGHAM: Uh before he put it in reverse he was given
15 verbal commands by Officer Gaeta and Matheos step
16 out the vehicle.
17
18 ABBRUZZESE: To step outta the vehicle.
19 P.O.WHIGHAM: Yes he was.
20
21 ABBRUZZESE: How 'bout when he reversed into your car,
22 were there more verbal commands given at that
23 point?
25
26 ABBRUZZESE: Okay. All right. How 'bout when he uh
27 drove towards the officers were there any verbal
28 commands given?
29 P.O.WHIGHAM: I, I don't remember.
30
31 ABBRUZZESE: Okay. So once he drives towards Matheos,
32 Dercola and Gaeta are they directly in front of
Page 17 of52
INDEPENDENT POLICE REVIEW AUTHORITY LOG #I073693 U#15-02
1 the car or are they onto the side, the driver's

2 side of the vehicle when he drives towards them?
3 P.O.WHIGHAM: I just remember when they was like um the
4 officers was like in front a me, um cuz when he
5 cut his wheels I mean it happened so quick, that
6 um he was drivin' fast.
7
8 ABBRUZZESE: Okay.
9 P.O.WHIGHAM: Tryin' to escape.
10
11 ABBRUZZESE: So what happens next?
12 P.O.WHIGHAM: Uh Officer Matheos and Gaeta discharge their
13 weapons.
14
15 ABBRUZZESE: Okay. And do you recall how many times they
16 discharged their weapons?
17 P.O.WHIGHAM: Uh remember it was several times right then
18 and there. But approximately a number I don't
19 know.
20
21 ABBRUZZESE: And is that, and do they discharge uh their
22 weapons while the vehicle was moving?
23 P.O.WHIGHAM: Urn I don't remember. I just 'member they
24 did discharge their weapons.
25
26 ABBRUZZESE: They did discharge their weapons? Okay.
27 P.O.WHIGHAM: Yeah.
28
29 ABBRUZZESE: And did you happen to see where uh how the
30 weapons or the bullets struck the car?
31 P.O.WHIGHAM: No I didn't s, remember, didn't see it.
32
Page 18 of52
1 ABBRUZZESE: Okay. What happens after that, after they

2 discharge their weapons?
3 P.O.WHIGHAM: Um the offender uh was still drivin'
4 he crashed into the buildin' across the street.
5
6 ABBRUZZESE: Across the street?
7 P.O.WHIGHAM: Yes.
8
9 ABBRUZZESE: Okay. And is that he ends up on the
10 sidewalk?
12
13 ABBRUZZESE: Okay. So once he's uh he crashes his

14 vehicle what happens next?
15 P.O.WHIGHAM: Um we approached the vehicle uh he had
16 gotten out. We placed 'em into custody.
17
18 ABBRUZZESE: So he got out on his own?
20
21 ABBRUZZESE: Okay. All right. So uh you placed 'em into
22 custody and um did you uh place 'em into a squad
23 car at that point?
24 P.O.WHIGHAM: No I called for EMS.
25
26 ABBRUZZESE: You called for EMS, okay.
28
29 ABBRUZZESE: And EMS arrives?
31
Page 19 of 52
I AEBRUZZESE: Okay and um did you happen to go with him to

2 the hospital?
3 P.O.WHIGHAM: No I didn't.
4
5 ABBRUZZESE: Okay did you stay on scene afterwards, after
6 he was taken to, transported t~ the hospital?
7 P.O.WHIGHAM: Yes.
8
9 ABBRUZZESE: Okay. All right. And do you recall um when
10 you first came int~ contact with Mr.
11 vehicle, do you remember the approximate address
12 or the cross streets?
13 P.O.WHIGHAM: Um I just remember that it was approximately
14 around 115th and Harvard.
15
16 ABBRUZZESE: 115th and Harvard?
18
19 ABBRUZZESE: Okay. Okay. And then you immediately did
20 the traffic stop?
22
23 ABBRUZZESE: Okay And did you observe in any
24 way prior t~ the traffic stop?
25 P.O.WHIGHAM: Um just driving um goin' northbound from um
26 hundred thir, not, goin' southbound from hundred
27 and um I'm sorry let me try to refresh my memory.
28
29 ABBRUZZESE: Sure. Yep.
30 P.O.WHIGHAM: Yes um yes he was goin' northbound from like
31 about 117th and LaSalle then he went to 115th
32 Street.
Page 20 of 52
1
2 ABBRUZZESE: 115th Street?
3 P.O.WHIGHAM: Yes.
4
5 ABBRUZZESE: Okay.
6 P.O.WHIGHAM: And then made a left turn goin' westbound.
7
8 ABBRUZZESE: Made a left turn goin' westbound.
9 P.O.WHIGHAM: Yes.
10
11 ABBRUZZESE: Okay so did Officer Gaeta when he called you
12 did he instruct you to pick up the car at any
13 point? Were you, were, let me go back. Were you
14 and Officer Gaeta since you were working two
15 different cars, were you in the same vicinity?
16 S~ were you partnered together and following each
17 other at any point during that day?
18 P.O.WHIGHAM: Uh just on that, just on this particular
19 event.
20
21 ABBRUZZESE: Just on this particular event.
23
24 ABBRUZZESE: Okay and that's when he contacted you and
25 said hey in this vehicle and he happens
26 to be in front of you is that correct?
27 P.O.WHIGHAM: He didn't give, he didn't give his name.
28 didn't know the guy name. He just uh described
29 to me when we got around his location that the
30 vehicle was in front of us.
31
Page 21 of52
INDEPENDENT POLICE REVIEW AUTHORITY LOG #1073693 U#I5-02
1 ABBRUZZESE: Okay. ~kay and then you began to follow him

2 uh from what you just described was it 117th
3 Street?
4 P.O.WHIGHAM: Yes.
5
6 ABBRUZZESE: Okay. And then you conducted the traffic
7 stop at 115th?
9
10 ABBRUZZESE: Okay. All right. And um did Officer Gaeta
11 relate why he wanted the vehicle stopped?
12 P.O.WHIGHAM: Because he, he uh related to me that the
13 vehicle did uh two uh possible hand to hand
14 narcotics transactions at different locations.
15
16 ABBRUZZESE: Okay and he observed that?
17 P.O.WHIGHAM: Yes he told me he observed that.
18
19 ABBRUZZESE: Okay. And when you, you stopped did
20 you use your emergency lights and siren?
21 P.O.WHIGHAM: We just used our emergency lights, no
22 sirens.
23
24 ABBRUZZESE: Okay. And prior to stopping uh um
25 you already said that uh you know he engaged in
26 some narcotics transactions but you didn't see
27 that firsthand is that correct?
29
30 ABBRUZZESE: Okay. Did disobey any traffic laws?
31 P.O.WHIGHAM: Not that I recall.
32
Page 22 of 52
1 ABBRUZZESE: Okay. And uh did you receive any other

2 information about um via the radio? Did
3 you ever radio his information in to OEMC once
4 you did the traffic stop?
6
7 ABBRUZZESE: Okay. And did you radio that you were
8 conducting a traffic stop?
9 P.O.WHIGHAM: I don't remember if I did.
10
11 ABBRUZZESE: When you're on the passenger side of the
12 vehicle did you observe anything inside the
13 vehicle?
14 P.O.WHIGHAM: No I didn't observe anything.
15
16 ABBRUZZESE: Okay how about in the, when you're on the
17 driver's side?
18 P.O.WHIGHAM: No I didn't observe anything.
19
20 ABBRUZZESE: Okay. Um did you give uh Mr. any
21 instructions to exit the vehicle?
22 P.O.WHIGHAM: No I was basically the uh guard officer.
23
24 ABBRUZZESE: Okay. And um did uh Mr. state
25 anything I know you said that he was yelling, but
26 did he say anything specifically?
27 P.O.WHIGHAM: I just, only, only thing I can remember what
28 he was statin' is uh after uh the incident had
29 occurred.
30
31 ABBRUZZESE: And whaddid he say?
Page 23 of52
1 P.O.WHIGHAM: He just said that I can't, holler so many

2 times, I can't breathe, I can't breathe.
3
4 ABBRUZZESE: Okay. Okay. How would you describe his
5 demeanor um when you first stopped his vehicle
6 and you approached the vehicle?
7 P.O.WHIGHAM: He had a very negative demeanor. Uh when he
8 was given verbal instructions by my partner.
9
10 ABBRUZZESE: So he wasn't complyin'?
11 P.O.WHIGHAM: No he was not complyin'.
12
13 ABBRUZZESE: And did either you or Officer Dercola ask
14 for driver's license or insurance card?
15 P.O.WHIGHAM: My partner did.
16
17 ABBRUZZESE: Okay and did he produce that?
18 P.O.WHIGHAM: Yes he did.
19
20 ABBRUZZESE: Okay and did he give that to Officer
21 Dercola?
22 P.O.WHIGHAM: Yes he did.
23
24 ABBRUZZESE: Okay. Did Dercola try to run that
25 information via OEMC?
26 P.O.WHIGHAM: Uh no not that I know of.
27
28 ABBRUZZESE: Did relate why he was refusing to
29 get outta the car?
30 P.O.WHIGHAM: Um I, I didn't actually hear what he was
31 sayin' I just know that he was, he was uh yellin'
32 in a very negative way.
Page 24 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG #1073693 u#15-02
1
2 ABBRUZZESE: Very negative way. Okay. Um did
3 ever state that he was a confidential informant
4 for Chicago Police Department?
5 P.O.WHIGHAM: Um I just learned that after the incident.
6
7 ABBRUZZESE: After the incident?
8 P.O.WHIGHAM: Yes.
9
10 ABBRUZZESE: Okay. All right. Did he state anything that
11 he announced himself that he was a confidential

12 informant?
13 P.O.WHIGHAM: Not to me.
14
15 ABBRUZZESE: Okay. Was Mr. talking on his cell
16 phone during the traffic stop?

18
19 ABBRUZZESE: Okay. And do you recall what he was saying?
20 P.O.WHIGHAM: No I don't recall.
21
22 ABBRUZZESE: Okay. Did tell you or Officer
23 Dercola that he was on the phone to confirm that

24 he was a confidential informant?
25 P.O.WHIGHAM: I don't um know what he told my partner, but
26 I didn't learn that he was a confidential
27 informant till after the uh incident occurred.
28
29 ABBRUZZESE: Okay. What did Officer Gaeta and Matheos do
30 once uh they were next to the, to Mr.
31 vehicle?
32 P.O.WHIGHAM: Uh gave 'em verbal directions to step out.
Page 25 of 52
2 ABBRUZZESE: Step out?
3 P.O.WHIGHAM: Yes.
4
5 ABBRUZZESE: And what was Mr. demeanor at that
6 point?
7 P.O.WHIGHAM: It was still negative. He was still
8
9
10 ABBRUZZESE: Okay. So just yellin'. How 'bout his arms
11 were his arms flailing or anything like that?

12 P.O.WHIGHAM: I didn't get such a good look at that.
13
14 ABBRUZZESE: Okay. How long would you say that uh
15 Matheos and Gaeta are on the scene before um
16 throws the car into reverse?
17 P.O.WHIGHAM: I, within seconds. I mean with moments it
18 happened so quick.
19
20 ABBRUZZESE: Okay. At what point um do, does Matheos and
21 Gaeta take their firearm outta their holster?
22 P.O.WHIGHAM: Um when he was uh after um he put the car in
23 reverse and smashed our squad car. That's when I
24 seen their firearms uh out their holster.
25
26 ABBRUZZESE: Outta their holster.
28
29 ABBRUZZESE: How about ~fficer Dercola, did he remove his
30 firearm?
32
Page 26 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG 41073693 U415-02
ABBRUZZESE: Okay. And how 'bout yourself, did you

2 remove your firearm?
4
5 ABBRUZZESE: Okay. And where were Officers Gaeta and
6 Matheos standing when they discharged their
7 weapons at vehicle?
8 P.O.WHIGHAM: Um I just know that all them was in front a
9 me cause I was at the rear of the vehicle.
10 couldn't give you a approximate location like
11 where on the vehicle, I just know that they was
12 within arms reach of this vehicle.
13
14 ABBRUZZESE: Within arms reach of the vehicle. Okay.
16
17 ABBRUZZESE: How were they standing? Were they
18 altogether? Were um Gaeta, Matheos and Dercola
19 together or were they kinda spread apart?
20 P.O.WHIGHAM: It was more together what I remember.
21
22 ABBRUZZESE: They were more together?
24
25 ABBRUZZESE: Okay. Okay. Which officer broke out the
26 rear driver's side window of vehicle?
27 P.O.WHIGHAM: Um I, I didn't see ~fficer Gaeta break the
28 window, I just saw when the vehicle went in
29 reverse I just know that uh that's when the
30 window broke.
31
32 ABBRUZZESE: That's when the window broke?
Page 27 of 52
1 P.O.WHIGHAM: Yes when it went in reverse.

2
3 ABBRUZZESE: Okay. Did any of the officers say hey we're
4 gonna break the window?
5 P.O.WHIGHAM: I don't remember them sayin' that.
6
7 ABBRUZZESE: Okay and do you know how the window was
8 broken?
9 P.O.WHIGHAM: Um believe how the window was broken was
10 that um Gaeta had his hand on the window the ve,
11 vehicle went in reverse and that's how the window
12 has got broken.
13
14 ABBRUZZESE: Okay. So is that, that was the rear window
15 is that correct?
16 P.O.WHIGHAM: No that was the um driver uh front window.
17
18 ABBRUZZESE: That was the driver front window.
20
21 ABBRUZZESE: Okay so Gaeta had his hands placed on the
22 driver's front window?
24
25 ABBRUZZESE: And was he, what was he tryin' to do with
26 the window?
27 P.O.WHIGHAM: Uh he was just uh just wigglin' it you know
28 tryin' to say hey give 'em verbal direction you
29 gotta step out the vehicle.
30
31 ABBRUZZESE: Step outta the vehicle?
Page 28 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG #I073693 U#15-02
1
2 ABBRUZZESE: Okay. And urn was he still holdin' onto it
3 when the car went into reverse?
4 P.O.WHIGHAM: I remember he moved his hands very quickly
5 1, you know when it broke. When the car went in
6 reverse T, I learned that he had an injury to his
7 hand.
8
9 ABBRUZZESE: Okay. And how did the window break?
10 P.O.WHIGHAM: Uh by Mr. puttin' the vehicle in
11 reverse.
12
13 ABBRUZZESE: Okay. Did the window shatter or did um fall
14 out of the tracks?
15 P.O.WHIGHAM: I just saw it shatter.
16
17 ABERUZZESE: You saw it shatter?
19
20 ABBRUZZESE: Okay. And that was the front window?
22
23 ABBRUZZESE: Okay. How 'bout the rear driver's window?
24 So he rear passenger driver's side? How did that
25 window get shattered?
26 P.O.WHIGHAM: I don't know how it got shattered. I just
27 like, like I just, I only just saw that window
28 the one that Gaeta was in contact with.
29
Page 29 of 52
1 P.O.WHIGHAM: And uh after the vehicle crashed into the

2 side of the buildin' the driver side of course
3 the car was facin' the buildin'.
4
5 ABBRUZZESE: It was facin' the buildin'.
6 P.O.WHIGHAM: Yes when he crashed.
7
8 ABBRUZZESE: ~kay. So, so he was straight on into the
9 building and into that like uh quick, that, that
10 lil food mart?
11 P.O.WHIGHAM: Yes. He crashed into that yes.
12
13 ABBRUZZESE: Okay so did anybody move the vehicle after
14 that?
15 P.O.WHIGHAM: I did. Um after the processin' of the crime
16 scene I believe.
17
18 ABBRUZZESE: Okay. So, so if you're sayin' that the
19 vehicle was straight on into, into the quick
20 mart, like it was, it was, it was
21 Driver's side.
22
23 ABBRUZZESE: Driver, okay so the --
24 (inaudible)
25 ABBURZZESE: driver's side was into the quick mart is
26 that correct?
28
29 ABBRUZZESE: Okay. Okay. So and I think previously what
30 you stated was he got out on his own, got
31 out on his own is that correct?
Page 30 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG *1073693 U#15-02
1
2 ABBRUZZESE: Okay no one opened up the door for him or
3 anything like that to get 'em out?
4 P.O.WHIGHAM: No not that I recall.
5
6 ABBRUZZESE: Okay so he just got out on his own?
7 P.O.WHIGHAM: Yes.
8
9 ABBRUZZESE: And did he try to flee at any point? Did he
10 try to flee on foot?
11 P.O.WHIGHAM: No.
12
14 P.O.WHIGHAM: Um he just he couldn't breathe. We placed
15 'em into custody.
16
17 ABBRUZZESE: Okay and did you happen to see what kind of
18 injuries he had?
19 P.O.WHIGHAM: I saw um big red stain on his white t-shirt
20 on his left side. S~ yes I did assume that it
2i was a injury. And I called for EMS.
22
23 ABBRUZZESE: You called for EMS. Okay. And why didn't
24 you discharge your weapon?
25 P.O.WHIGHAM: Because with the other three officers in
26 front of me, I did not want to accidentally, have
27 an accidental shootin' in terms of gettin' them
28 injured.
29
30 ABBRUZZESE: Okay. All right. And were any officers
31 injured throughout this whole incident?
Page 31 of52
1 P.O.WHIGHAM: I just remember Officer Gaeta had uh a

2 couple cuts on his uh fingers.
3
4 ABBRUZZESE: Couple cuts on his fingers?
5 P.O.WHIGHAM: Yes.
6
7 ABBRUZZESE: And that was tryin' to, as he was tryin' to
8 force the window down?
9 P.O.WHIGHAM: Yes.
10
11 ABBRUZZESE: And what happened after Officer Matheos and
12 Gaeta fired their weapons? What did they do?
13 P.O.WHIGHAM: Uh they just make sure we helped us um, make
14 sure that uh offender was in custody and
15 just try and to make sure, we seal off the crime
16 scene and call for help and call for EMS.
17
18 ABBRUZZESE: And do you know who radioed shots fired?
19 P.O.WHIGHAM: I did.
20
21 ABBRUZZESE: You did?
23
24 ABBRUZZESE: Okay. All right. And did say
25 anything after he was removed from the vehicle? I
26 know you say that he was yelling or --
27 P.O.WHIGHAM: Yeah I can't breathe.
28
29 ABERUZZESE: He can't breathe.
30 P.O.WHIGHAM: Right.
31
Page 32 of52
1 ABBRUZZESE: Okay. And uh since the incident prior to

2 today did you learn that was a CI?
3 P.O.WHIGHAM: Uh af, after the incident yes I did learn
4 that he was a CI.
5
6 ABBRUZZESE: And how did you learn that? I'm gonna pause
7 the recorder. (Recorder off/on) Okay and this is
8 a continuation of the statement of Officer uh
9 Whigham. And Officer Whigham I, I asked you uh
10 since the incident and prior to today, did you
11 learn that was a CI?
12 P.O.WHIGHAM: Yes after the incident.
13
14 ABBRUZZESE: After the incident. And where did you learn
15 that?
16 P.O.WHIGHAM: Um learned it uh in a detective division at
17 the area.
18
19 ABBRUZZESE: At the area?
21
22 ABBRUZZESE: Was it that same night or is that a couple
23 days later?
24 P.O.WHIGHAM: The same night.
25
26 ABBRUZZESE: The same night?
28
29 ABBRUZZESE: Okay. All right. And uh Investigator White
30 do you have any questions?
31 WHITE: Yeah I surely do. We're gonna pause for one
32 second. (recorder off/on)
Page 33 of 52
1
2 ABBRUZZESE: And this is the continuation of the
3 statement of Officer uh Whigham. And uh
4 Investigator uh White do you have anything to
5 add?
6 WHITE: Uh yes. Uh Officer Whigham um when you first got
7 the call from Officer uh Gaeta --
8 P.O.WHIGHAM: Gaeta. Yes.
9
10 WHITE: Gaeta um where were you at again I'm sorry?
11 Where were you at?
12 P.O.WHIGHAM: We was in the uh fif, area of the 5th
13 District on patrol.
14
15 WHITE: On patrol where exactly at do you know?
16 P.O.WHIGHAM: Um it was around 11Ith Street.
17
18 WHITE: 111th?
19 P.O.WHIGHAM: Right by 'round 111th and uh between like
20 'round Corliss and uh Cottage Grove --
21
22 WHITE: Okay.
23 P.O.WHIGHAM: -- that area.
24
25 WHITE: The Officer Gaeta say where he was at?
27
28 WHITE: You don't remember.
30
31 WHITE: Okay. Do you know if he did say it or you just
32 can't remember if he said it or not?
Page 34 of 52
1 P.O.WHIGHAM: I, I can't remember the conversation was,

2 brief.
3
4 WHITE: Okay.
5 P.O.WHIGHAM: I was gettin' the directions
6
7 WHITE: ~kay. Um did he, he, so he described the car to
8 you?
9 P.O.WHIGHAM: He did but I, I couldn't remember uh what
10 exactly you know what he said the car was.
11
12 WHITE: Okay.
13 P.O.WHIGHAM: I just remember that uh when we got there he
14 told me that's the vehicle cause I still had 'em
15 on the phone.
16
17 WHITE: Okay. So he was around the area when you uh
18 arrived to the same area of the incident is that
19 correct?
21
22 WHITE: ~kay. Okay. So did he ever give you a license
23 plate number or anything?
25
26 WHITE: You don't remember. Do you know if this license
27 plate was ever ran?
28 P.O.WHIGHAM: Uh I don't remember cause we didn't have a
29 PDT.
30
Page 35 of 52
1 WHITE: Okay. Um did you ever go over the radio prior to
2 uh comin' to the scene statin' that you're about
3 t~ stop this vehicle or anything to that affect?
4 P.O.WHIGHAM: I don't remember it happened so quick.
6 WHITE: Okay what about ~fficer Gaeta?
7 P.O.WHIGHAM: I don't, I wasn't in the same car with him.
8
9 WHITE: Okay but do you know if he did?
10 P.O.WHIGHAM: I don't know.
11
12 WHITE: Okay. So uh tell me this when you arrived on the
13 scene what direction are you going? Are you
14 goin' westbound?
15 P.O.WHIGHAM: Uh when we curbed the vehicle?
16
17 WHITE: Yes.
18 P.O.WHIGHAM: When we curbed the vehicle we was uh facin'
19 westbound.
20
21 WHITE: Okay and --
23
24 WHITE: -- that's goin' down 115th Street correct?
26
27 WHITE: Okay. And so describe to me the position of the
28 vehicles once Mr. uh car was stopped?

29 P.O.WHIGHAM: Uh once his car was stopped uh we was behind
30 the vehicle. Couple feet behind the vehicle.
31
32 WHITE: How many feet would you say?
Page 36 of 52
1 P.O.WHIGHAM: 'Bout within four to five feet.

2
3 WHITE: Okay. Okay.
4 P.O.WHIGHAM: And uh we approached the vehicle.

5
6 WHITE: ~kay and I guess eventually Officer Gaeta came

7 correct?
10 WHITE: And describe his position of the vehicle?
11 P.O.WHIGHAM: Um it was like a diagonal in front the
12 vehicle.
13
14 WHITE: Okay.
15 P.O.WHIGHAM: In front uh vehicle.
16
17 WHITE: And diagonal gain' what way? Pointin' to what
18 direction?
19 P.O.WHIGHAM: Um they was um comin' uh from eastbound um
20 the vehicle was uh facin' uh once they got in

21 front it was facin' uh northbound.
22
23 WHITE: Northbound?
25
26 WHITE: Okay. And uh Mr. he had nobody else in
27 the vehicle with him correct?
29
30 WHITE: Okay and it was just you four officers on the

31 scene and Mr. is that to be accurate?
32 P.O.WHIGHAM: That's accurate.
Page 37 of 52
2 WHITE: Okay. Um I know you stated earlier that uh you
3 were on the initially on the passenger side of
4 the vehicle is that correct?
6
7 WHITE: Can you tell me how'd you get around to the uh
8 driver's side?
9 P.O.WHIGHAM: Yes um. I went uh went to the back um between
10 my squad car and vehicle to get to the
11 driver's side.
12
13 WHITE: Okay. Do you know why Officer Gaeta did not stop
14 Mr. vehicle?
15 P.O.WHIGHAM: Repeat that question.
16
17 WHITE: Do you know why Officer Gaeta did not stop uh
18 sorry, Mr. vehicle?
19 P.O.WHIGHAM: I don't know.
20
21 WHITE: Okay he ever mention why?
22 P.O.WHIGHAM: UM he never mentioned it to me. Um we was
23 there to assist.
24
25 WHITE: Okay. I know earlier in the statement um you
26 stated that you were at the rear of Mr.
27 car is that correct?
29
30 WHITE: Um why were you at the rear? What were you

31 doin'?
Page 38 of 52
1 P.O.WHIGHAM: Uh to make sure that um get, get a good

2 angle for him to back, make sure that he wasn't
3 uh tryin' to reach for anything and for safety
4 for uh my partner that was conductin' a, a field
5 interview. But um, but I when um Officer Matheos
6 and Officer Gaeta came, I'm still mostly the
7 guard officer.
8
9 WHITE: So what were you actually doin' were you just
10 standing there or were you on a radio. What were
11 you actually doin'?
12 P.O.WHIGHAM: I was standin' there.
13
14 WHITE: Just standin' there.
16
17 WHITE: Okay. Were you looking to see what was goin' on
18 and what was takin' place?
20
21 WHITE: Okay. Was anybody else by you?
22 P.O.WHIGHAM: Uh no.
23
24 WHITE: Okay. Where was your partner?
25 P.O.WHIGHAM: My partner uh he was at the um more close to
26 the uh driver uh door.
27
28 WHITE: Driver door.
29 P.0 . WHIGHAM: Yes.
30
31 WHITE: Okay. Was he still in the same area as Officer
32 Gaeta and uh Matheos?
Page 39 of 52
I P.O.WHIGHAM: Yes.
2
3 WHITE: Okay. Was he close to them ~r were they, was he
4 a few distance from them?
5 P.O.WHIGHAM: They was uh more close together.
6
7 WHITE: They were more close like in a huddle or
8 somethin' to that degree?
9 P.O.WHIGHAM: Uh lil bit of a huddle. But it was all in
10 front a me.
11
12 WHITE: Okay.
13 P.O.WHIGHAM: Um for position where I was standin' at.
14
15 WHITE: So what's the distance between you two?
16 P.O.WHIGHAM: Um I would say within two to three feet.
17
18 WHITE: Two to three feet.
20
21 WHITE: So fairly close then?
23
24 WHITE: Okay. Um so when the vehicle, Mr.
25 vehicle backs up --
26 P.O.WHIGHAM: Hmm huh.
27
28 WHITE: Where does it actually hit? Where does it
29 strike?
30 P.O.WHIGHAM: It, it strikes our squad car.
31
32 WHITE: Where at?
Page 40 of 52
P.O.WHIGHAM: In the front.

2
3 WHITE: Front where?
4 P.O.WHIGHAM: Um more like on the on the front of the
5 hood, the, where the bumper is at.
6
7 WHITE: Okay.
9
10 WHITE: Is that the passenger side or the driver's side?
11 P.O.WHIGHAM: Um more towards the passenger side.
12
13 WHITE: The passenger side. Okay. And where are you
14 actually when this, do you move when he backs the
15 vehicle up? What do you do?
17
18 WHITE: What do you do at that point?
19 P.O.WHIGHAM: Yes I did move when I heard, when I heard
20 the gear shift.
21
22 WHITE: Okay and where do you move to at that point?
23 P.O.WHIGHAM: I move to more out in the street.
24
25 WHITE: Okay. So how far out in the street would you say
26 you moved from the vehicle?
27 P.O.WHIGHAM: Uh two, two to three feet you know like
28 gives me to safe distance away from the vehicle.
29
30 WHITE: Okay. Now I know you stated that uh you did not
31 pull out your gun and you did not shoot at, why
32 didn't you pull out your gun at that point?
Page 41 of 52
1 P.O.WHIGHAM: Because it happened so quick urn you know,

2 you know that I got to safety. And it happened
3 so quick when the other officers discharged their
4 weapons. And I didn't wanna discharge, pull out
5 mine and discharge my weapon because I didn't
6 wanna accidentally hit one of them.
7
8 WHITE: Okay. When Mr. is refusin' to get outta
9 his vehicle, did you ever feel a need at that
10 point to pull ~ut your weapon?
11 P.O.WHIGHAM: I really can't um really can't remember
12 because um well really I should say I really
13 can't say because when I went on the uh driver's
14 side of the vehicle, just like few seconds or
15 moments later uh Officer Gaeta and Officer
16 Matheos showed up.
17
18 WHITE: Okay. Um do you ever see Officer Gaeta uh,
19 Officer uh Dercola or Officer Matheos, do they
20 ever pull out their weapon?
21 P.O.WHIGHAM: Uh when the vehicle, after the vehicle uh
22 struck uh after he put the vehicle in reverse and
23 struck our squad car.
24
25 WHITE: Okay. And your partner as well correct?
26 P.O.WHIGHAM: Uh my partner's --
27
28 WHITE: Dercola.
29 P.O.WHIGHAM: -- the squad car?
30
31 WHITE: No does he pull out his weapon?
32 P.O.WHIGHAM: Uh I don't remember him pull --
Page 42 of 52
1
2 WHITE: Okay.
3 P.O.WHIGHAM: -- out his weapon.
4
5 WHITE: Okay. Okay. Um do you ever see officers fire
6 their weapons?
7 P.O.WHIGHAM: Yes I did see 'em discharge their weapons.
8
9 WHITE: Can you tell me where they were standing when
10 they fired their weapons?
11 P.O.WHIGHAM: Um I don't remember. I mean it happened so
12 quick. I mean af, after the discharge uh --
13
14 WHITE: We're gonna pause for one second. (recorder
15 off/on) Okay we're gonna continue Officer uh
16 Whigham. Can you tell me again the question was
17 uh where were the officers standing when they
18 fired their weapons?
19 P.O.WHIGHAM: Uh there was more in front, what I can
20 remember is there is more in front of the uh

21 driver's side door when the vehicle um was cumin'
22 towards them. It was after he had reversed and
23 hit our squad car.
24
25 WHITE: Okay. Did you ever see the officers back away
26 from the vehicle um when he, when he
27 turned the vehicle?
28 P.O.WHIGHAM: Uh it happened so quick I mean I, I don't
29 know if they had time to get out the way
30 'specially when there was all three officers were
31 in front a me.
32
Page 43 of 52
INDEPENDENT POLICE REVIEW AUTHORITY LOG 41073693 U#15-02
1 WHITE: Did it appear that they were in the same position

2 they were when they fired their weapons?
3 P.O.WHIGHAM: It would appear that way, yes.
4
5 WHITE: Okay. Okay. Do you know how close uh Officers
6 uh Matheos and Gaeta were to the vehicle and
7 that's vehicle when they fired their
8 weapon.
9 P.O.WHIGHAM: I would say they were still within arms
10 length um because it was within arms length when
11 they uh tried to instruct 'em to get 'em outta
12 the vehicle.
13
14 WHITE: Okay and who's arms length, yours or mine?
15 P.O.WHIGHAM: Um like 'but proximately two to three feet.
16
17 WHITE: Okay. Okay. Um I didn't ask you this but I'm
18 gonna go back right quick. How many feet away
19 was uh vehicle from um Officers uh
20 Gaeta and Matheos' vehicle do you know?
21 P.O.WHIGHAM: Um within a couple feet.
22
23 WHITE: Okay.
24 P.O.WHIGHAM: It was a couple feet.
25
26 WHITE: So 'bout two t~ three again?
28
29 WHITE: Okay. Okay. Um after well let me stop. When the
30 vehicle and that's vehicle uh you
31 stated you don't know if it was movin' when
Page 44 of 52
I officers were firing. Did the vehicle ever stop

2 moving?
3 P.O.WHIGHAM: No it never stopped movin'.
4
5 WHITE: So pretty much was the vehicle movin' then when
6 Officers fired their weapon?
7 P.O.WHIGHAM: Yes.
8
9 WHITE: Okay. And after uh, after Mr. um was
10 drivin' away, what happened with his vehicle?
11 Can you describe what happened with his vehicle?
12 P.O.WHIGHAM: Um after the shots were discharged um he uh
13 ran into, crashed into a buildin' across the
14 street from our location.
15
16 WHITE: Okay and can you tell me the position of his
17 vehicle after he crashed?
18 P.O.WHIGHAM: Uh after he crashed it was on the sidewalk
19 still uh facin' uh westbound like a slanted.
20 Slant lil bit with the uh driver's side almost
21 pinned up against the buildin'.
22
23 WHITE: Okay. Um driver's side, the whole driver's side
24 or the rear or the front or what?
25 P.O.WHIGHAM: Um not the whole driver's side cause he had
26 a lil room to get out.
27
28 WHITE: Okay. Okay so would you say the rear then or
29 what would you say? And I don't wanna put words
30 to your mouth so tell me what would you say?
31 P.O.WHIGHAM: Well how I would describe it is is that urn
32 after the vehicle crashed --
Page 45 of 52
2 WHITE: Hmm.
3 P.O.WHIGHAM: um the whole driver uh side was, was

4 almost like pinned up against the buildin'. But
5 he had room to get out and to exit his vehicle.
6
7 WHITE: Okay. Okay. Um can you tell me what was the
8 street conditions um durin' this incident? Is it
9 like busy traffic. What's goin' on?
10 P.O.WHIGHAM: Um it was daylight uh no busy traffic. Uh
11
12
13 WHITE: Was there traffic on the street?
14 P.O.WHIGHAM: Very uh moderate.
15
16 WHITE: Okay.
17 P.O.WHIGHAM: Or light I should say.
18
19 WHITE: Did you see cars passin' by as this incident
20 occurred?
21 P.O.WHIGHAM: Yes I saw several cars pass by.
22
23 WHITE: Okay what about the surroundings. What about

24 people?
25 P.O.WHIGHAM: Uh didn't see any people.
26
27 WHITE: Okay.
28 P.O.WHIGHAM: Um not till after the incident.
29
30 WHITE: And describe this area for me like is it

31 residential, business, what?
Page 46 of 52
1 P.O.WHIGHAM: Uh res, residential. Um it, it's a type a

2 street that uh has a business every here and
3 there on every corner, like a lil small I know it
4 was a laundrornat business there.
5
6 WHITE: Do you know if that was open?

7 P.O.WHIGHAM: Uh believe so, yes.
8
9 WHITE: Okay what about any stores?
10 P.O.WHIGHAM: There were small stores. Not no big
11 commercial stores.
12
13 WHITE: And do you know if they were open?
15
16 WHITE: Okay. Did the subject Mr. did he have
17 any weapons? Was any weapons recovered?
18 P.O.WHIGHAM: No not, no weapons recovered, not that
19 know of.
20
21 WHITE: What about narcotics?
22 P.O.WHIGHAM: Yes I uh did learn that narcotics was
23 recovered.
24
25 WHITE: And tell me what you learned?
26 P.O.WHIGHAM: I learned that uh several, seven un Ziploc
27 bags that contains a crushed green leafy
28 substance was recovered.
29
30 WHITE: Okay. What was the weather durin' the incident?
31 P.O.WHIGHAM: UM it was in the forties.
32
Page 47 of 52
i WHITE: Okay what about the lighting condition?

2 P.O.WHIGHAM: Daylight.
3
4 WHITE: ~kay and um gain' back again I'm sorry, Officer
5 and Matheos, how many times did they fire
6 their weapons?
7 P.O.WHIGHAM: Um no I heard several shots on, on scene,
8 but in the area where I learned that five total
9 shots was fired.
10
11 WHITE: Okay did you hear five total shots?
12 P.O.WHIGHAM: Um I definitely heard more than two.
13
14 WHITE: Okay.
15 P.O.WHIGHAM: So
16
17 WHITE: When they were firin' their weapons did you
18 observe any muzzle flashes?
19 P.O.WHIGHAM: Uh don't, I just saw 'em discharge their
20 weapons and um it happened so quick.
21
22 WHITE: Okay. And when Mr. when he was turnin'
23 his vehicle um I guess to get outta this spot
24 that he was in.
26
27 WHITE: Um did anybody yell any verbal commands?
28 P.O.WHIGHAM: Somethinl was yelled I don't remember what
29 it was.
30
31 WHITE: And who was it that yelled by?
32 P.O.WHIGHAM: I don't remember who.
Page 48 of 52
2 WHITE: Did you yell anything?

4
5 WHITE: Do you know if they searched his vehicle?
6 P.O.WHIGHAM: Urn I don't remember cause once a vehi, once
7 there's a crime scene um I, usually we do not
8 touch it till the crime lab comes to process it.
9
10 WHITE: Okay.
11 Do you mean the officers or subsequent search by
12 anybody?
13 WHITE: By anybody? Do you know if anybody searched Mr.
14 vehicle?
15 P.O.WHIGHAM: Urn I just remembered that um whoever
16 recovered the narcotics which I don't remember
17 who, searched the vehicle after the, after the
18 crime lab processed the scene.
19
20 WHITE: Okay. Uh do you know if they searched Mr.
21 after the incident, after he was uh
22 removed from the vehicle?
23 P.O.WHIGHAM: Uh he was searched. I don't remember who.
24 Um before he was put in the ambulance.
25
26 WHITE: Okay. And pretty much my last question about
27 this shooting, when Mr. when he was
28 maneuvering out of this and officers were right
29 there, did the officers have a chance to move
30 away?
31 P.O.WHIGHAM: I don't think so. No.
32
Page 49 of52
1 WHITE: Okay. Um were you injured durin' the incident?

2 P.O.WHIGHAM: No.
3
4 WHITE: Okay. I'm gonna pause. (recorder off/on)
5 ABBRUZZESE: This is the continuation of the statement of
6 Officer uh Whigham. And uh Officer Whigham is
7 there, is everything in this statement true and

8 accurate to the best of your knowledge?
9 P.O.WHIGHAM: Yes.
10
11 ABBRUZZESE: Is there anything that you wish to add to
12 this statement at this time?
13 P.O.WHIGHAM: No.
14
15 ABBRUZZESE: Okay just for clarifications in regards to
16 uh Mr. Whigham's statement Officer Matheos is
17 spelledMATHEO S. Officer Gaeta is spelled
18 G A E T A. And Officer Dercola is D E R C O L A.

19 This now con, I'm gonna pause the recorder.
20 (recorder off/on) And this is a continuation of

21 Officer uh Whigham and Investigator White I
22 believe you had a question that you wanted
23 clarification of.
24 WHITE: Yeah I'm sorry uh Officer Whigham to do this to
25 you. But um --
26 P.O.WHIGHAM: That's okay.
27
28 WHITE: -- you already stated that they could not get out
29 the way of --
31
Page 50 of 52
1 WHITE: -- when they fired their weapons. Can you

2 'xplain to me why they could not get out the way?
3 P.O.WHIGHAM: Um the reason why is because the vehicle
4 went in reverse so quick and that huh he put it
5 forward so quick and this happens within amount
6 of seconds. And uh they didn't want um they was
7 within two, three, two, three feet from the
8 vehicle and uh they was in fear of they lives and
9 also with my life too.
10
11 WHITE: Okay thank you Officer.
12 ABBRUZZESE: Um is there anything that you wish to add to
13 this statement at this time Officer Whigham?
14 P.O.WHIGHAM: Not at this time.
15
16 ABBRUZZESE: Okay this now concludes the audio recorded
17 statement of Officer James Whigham reference Log
18 number 1073693 U number is 15 dash 0 0 2.
19 Today's date is the 17th of February 2015. And it
20 is uh 1448 hours.
Page 51 of52
1
2
3
4
5 I, CAROL A. O'LEARY, do hereby certify or affirm that
6 I have impartially transcribed the foregoing from an audio
7 recording of the above-mentioned proceeding to the best of
8 my ability.
9
10
11
12
13
14
15
16 a te- 57 )/
17 Carol A. O'Leary
Page 52 of 52

Transcript - IPRA Interview - Whigham

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Transcript - IPRA Interview - Whigham

Uploaded by

Copyright:

Available Formats

INDEPENDENT POLICE REVIEW AUTHORITY LOG #1073693 U#15-02

STATEMENT OF P.O. JAMES WHIGHAM

CONDUCTED BY INVESTIGATORS ABBRUZZESE AND WHITE

ON FEBRUARY 17, 2015 AT 1356 HOURS

AT THE INDEPENDENT POLICE REVIEW AUTHORITY'S OFFICE

LOG # !o? 3 09_3

ABBRUZZESE: This is the audio recorded statement of

3 1073693 U number 15 dash 0 0 2. Today's date is

4 the uh 17th of February 2015 and it is

5 approximately uh 1356 hours. This statement is

9 Abbruzzese, that's A B B R U Z Z E S E, and my

ABBRUZZESE: Okay and what is your employee number?

6 1979 my date of birth.

ABBRUZZESE: Okay. Are you aware that this statement has

9 remind you that failure to provide a complete and

19 request a break during this statement you may do

ABBRUZZESE: Okay. And what hours were you working that

3 P.O.WHIGHAM: Workin' the hours from 0900 to 1800 hours.

7 P.O.WHIGHAM: My assignment was to conduct uh patrol of um

8 any urn crime activity or gang activity in the 5th

11 ABBRUZZESE: Okay. Is that your normal assignment?

19 P.O.WHIGHAM: It's a uh Chevrolet Impala unmarked squad

30 P.O.WHIGHAM: Uh lights and sirens.

3 ABBRUZZESE: And how 'bout GPS?

4 P.O.WHIGHAM: I don't know if it works.

6 ABBRUZZESE: Okay. And did you have a partner?

9 ABBRUZZESE: And who was your partner?

10 P.O.WHIGHAM: My partner that day was Officer Dercola.

12 ABBRUZZESE: Okay and can you spell his uh last name?

15 ABBRUZZESE: Okay. And have you worked with this officer

19 ABBRUZZESE: And how often?

20 P.O.WHIGHAM: Every so often, not often.

22 ABBRUZZESE: So he's not your routine partner?

23 P.O.WHIGHAM: No he's not.

25 ABBRUZZESE: Okay. All right. And every so often how

26 often would you say? Once a month?

27 P.O.WHIGHAM: 'Bout once every two weeks. Or

29 ABBRUZZESE: Once every --

30 P.O.WHIGHAM: -- twice a week.

32 ABBRUZZESE: Twice a week?

3 ABBRUZZESE: Okay. All right. And were you in uh

4 uniform or civilian dress?

5 P.O.WHIGHAM: Civilian dress.

7 ABERUZZESE: Okay and can you explain uh what you were

8 wearin' that day?

9 P.O.WHIGHAM: Yes I was wearin' civilian dress clothes

10 also with uh my vest that have the police logo on

11 the back. With my star and name uh stitched on

14 ABBRUZZESE: Okay and that's the embroidered star?

18 stop Mr. uh and for the record

20 what were you and your partner doing?

21 P.O.WHIGHAM: Uh we received a call from one of our um

24 ABERUZZESE: Okay who was that?

30 ABERUZZESE: Okay and whaddid Officer Gaeta um relate to

P.O.WHIGHAM: He related to me that there was, he saw a

6 kinda vehicle it was?

11 telephone Officer Dercola?

1 ABBRUZZESE: Okay and what's uh Officer Gaeta instruct

3 P.O.WHIGHAM: Uh he was givin' us direction where the

4 vehicle was goin'. Uh I'm still on the phone

5 with him then he saw us from his location and

6 related to me that the vehicle was in front of

7 me. That he saw that they did narcotics