HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
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Officer Name / P#: Sgt. Michael Gillis #651 Division: Patrol CASE #: IA2014-093

Date / Time of Occurrence: 08/01/2014 17:55 Duty Status: On Duty

Investigator(s): Denise Price #690

Allegations/Complaint:
On 8/18/2014 at approximately 1500 hours, Darlene Marie Schriefer contacted Sergeant A. Branchini
#927 at the Henderson Police Department to file a complaint against Sergeant Michael Gillis #651 for
inappropriate use of force by a supervisor. Darlene Marie Schriefer alleges that Sergeant Gillis #651
inappropriately used force against her during a family disturbance call on 08/01/2014 at 1755 hours at
d at 2448 Ping Drive, Henderson. The disturbance call was documented
under Event #LHP140801000558 and Henderson Police Report #14-12016. Sergeant Branchini noted
that Darlene Marie Schriefer did not complete a written statement as advised she could not read or
write.

Numerous attempts to contact Darlene Schriefer to obtain a recorded statement met with negative
results. The two phone numbers provided by Schriefer were called. The cell phone had a voice
mailbox that was not set up and there was no way to leave a message. The other phone number would
ring two times and then disconnect.

Investigative Summary:

A review of calls for service for 2448 Ping Drive indicates that there have been 51 calls for service since
January 2009. Of those, 22 calls for service were related to a family disturbance or domestic violence;
all involving the Schriefer family. Of all the prior calls, only one, documented under HPD Report #12-
12900, resulted in a warrant of arrest for Domestic Battery being issued for Darlene Marie Schriefer.

A review of Henderson Police Report #14-12016 shows that Officer Angela Walter #1460, Officer
Richard Owens #1625 and Sergeant Michael Gillis #651 responded to 2448 Ping Drive, Henderson in
reference to a domestic battery. The facts of the report are summarized below:

Prior to Officers arrival, HPD Dispatch advised that they could hear a male and female struggling in the
background and the male saying he had been hit with a pole. Officer Walter notated that she
recognized the address from previous contacts with the occupants, who are known drug users and
have been violent in the previous police responses.

Upon arrival, Officers were met with multiple subjects, both outside and inside the residence. Officers
Walter and Owens made contact with several uncooperative subjects just inside the front door, while
Sergeant Gillis contacted the several persons outside of the residence. Officers Walter and Owens
make contact with four individuals, who were later identified as Michael Schriefer, Darlene Nicole
Schriefer, who was a juvenile at the time, Marcus DeMaio and Darlene Marie Schriefer and attempted
to separate the individuals to conduct an investigation. Officers Walter and Owens were standing with
the above four individuals in a small foyer that was approximately five feet deep and ten feet across
with a staircase on the left side. Michael Schriefer was pacing back and forth mumbling and there was
a three foot long piece of wood and a black metal pole near the stairs within reach of all four individuals.
Officer Walter instructed everyone to sit down, at which time Marcus sat on the bottom of the stairs,

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Darlene Marie and Darlene Nicole sat down on the tile floor, but Michael continued to stand, glaring at
officers. Michael then sat on the stairs with fists clenched, staring at the officers and the door.

Officers Walter and Owens began asking questions regarding the disturbance and Michael began to
yell, started to stand, puffed up his chest and bowed his arms as though he was going to fight. Officers
Walter and Owens determined it would be safer to conduct the investigation with Michael in handcuffs
and attempted to take Michael to the ground. Darlene Marie and Darlene Nicole both got up and began
punching Officers Walter and Owens and grabbing at their uniforms. Sergeant Gillis heard the
altercation from outside, entered the residence to assist, while telling Darlene Marie and Darlene Nicole
Darlene Nicole got up and aggressively came at officers again and Officer Walter
engaged her and took her back to the floor. Officer Walter repeatedly told Darlene Nicole to stop
fighting, but she continued to resist by kicking and rolling on her torso. Darlene Nicole stopped fighting
when Officer Walter told Darlene Nicole that she would be punched in the face if she did not stop
fighting. Sergeant Gillis assisted with getting Michael, Darlene Marie and Darlene Nicole handcuffed
and escorted to separate vehicles.

Officers then conducted their investigation into the domestic violence incident and determined that all of
the parties contacted are related by blood and some are living together. It was determined that Darlene
Marie willfully and unlawfully used force upon Marcus DeMaio, her nephew, and Marianne Dodge, her
sister, by striking them with the black metal pole. It was determined that Darlene Marie had previously
been convicted of under Henderson Police Report #12-12900; therefore, Darlene
Marie was placed under arrest for 2 counts of Domestic Battery 2 nd Offense. Darlene Marie was
additionally charged with 2 counts of resist a public officer. While Officer Owens was securing Darlene
Marie into the back of his patrol vehicle, she spit blood onto Officer Owe
she was charged with 2 counts of battery on a protected person. Darlene Nicole was arrested for 2
counts of battery on an officer and 3 counts of resist a public officer. Michael was arrested for 2 counts
of resist a public officer.

A review of
and includes the following information which is summarized:

While attempting to get Michael into handcuffs, Darlene Nicole aggressed toward Officer Owens and he
shoved her away from him, refocusing on getting Michael into custody. Officer Owens had to shove
Darlene Nicole backwards with his right hand several times. Sergeant Gillis entered the residence and
pulled Darlene Nicole and Darlene Marie off of Officer Walter and Officer Owens, who were still
struggling with Michael. Sergeant Gillis assisted with getting Michael handcuffed, while Officer Walter
was struggling with Darlene Nicole. During that time, Darlene Marie was moving toward Officer Owens,
who was still struggling to keep Michael from standing up. Sergeant Gillis struck Darlene Marie in the
face causing Darlene Marie to stop attacking Officer Owens. Officer Owens secured Darlene Marie into
the rear of his patrol vehicle and she was bleeding from her nose and mouth. Darlene Marie was
speaking loudly and as he tried to listen to what she was saying, Darlene Marie spit blood into his face
and eyes as well as on his arms and uniform.

supplemental report indicates the same details as described above

and includes the following information, which is summarized:

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Upon his arrival, Sergeant Gillis contacted Anthony Dodge and Marianne Dodge in front of the
residence. Darlene Marie was yelling from the doorway of the residence, but she was hard to
understand and exhibited signs, that Sergeant Gillis recognized, of someone under the influence of
illegal substances, particularly methamphetamine. Marianne Dodge had a fresh cut under her eye.

While interviewing the subjects outside of the residence, Sergeant Gillis heard screaming from inside
the residence and observed Darlene Marie and Darlene Nicole on Officers Walte
trying to pull the officers off of Michael. Sergeant Gillis recognized that officers were trying to take
Michael into custody utilizing an arm bar handcuffing technique. Sergeant Gillis observed a 3 foot
wooden stick and the metal pole within reach of all of the subjects and shouted for all of the subjects to
stop. Sergeant Gillis grabbed Darlene Marie by her torso and threw her to the far corner of the foyer.
Sergeant Gillis grabbed Darlene Nicole pulling her off of one of the officers and utilized body weight and
pressure to hold her on the ground, due to the fact that he was afraid that she would sustain injuries if
he threw her onto the tile floor. As Sergeant Gillis was holding Darlene Nicole down, Darlene Marie

the officers; therefore, Sergeant Gillis struck Darlene Marie one time with a closed fist jabbing motion to
the right side of her face with his right hand. This immediately
attack and she sat down in the corner Sergeant Gillis had originally placed her. Sergeant Gillis then
.

Sergeant Gillis had Officer Walter take control of Darlene Nicole and he assisted Officer Owens in
getting Michael handcuffed by utilizing the prone handcuffing technique. Sergeant Gillis then assisted
Officer Walter in getting Darlene Nicole handcuffed and then he handcuffed Darlene Marie. Sergeant
Gillis then had officers photograph the scene and injuries. Sergeant Gillis noted that on 8/2/2014 he
was contacted by Henderson Detention Center Sergeant Jesse Hererra, who advised that Darlene
Marie wanted her injuries photographed, so he requested an officer respond and complete a
supplemental, which was completed by Officer Ellis.

Video is primarily audio showing a view of the street in front of

her parked patrol vehicle. Upon entering the residence, Officer Walter tells everyone on their feet to sit
on their butts. Darlene Marie can be heard stating that she is not sitting down. Officer Owens can be

protective sweep until you tell me who this person is and Officer Walter tells him to go sit on the floor.
Michael states Who is this person in front of my house Officer Walter replies (marker She
It should be noted that Michael and Officer Walter were
referring to a citizen ride-along that was with Officer Walter for the day.

At time marker 18:10:00 Officer Walter can be heard telling subjects to get on the ground as a female is
screaming and an altercation can be heard although the screaming drowns out all statements being
made. Sergeant Gillis can be heard loudly stating (marker 18:10:43)
and Sergeant
Gillis can be heard stating (marker
Sergeant Gillis can then be heard stating, G Sergeant Gillis states (marker
Sergeant Gillis can be heard instructing someone to
turn around and put their hands behind their back. Officer Walter can be heard (marker 18:11:10)
requesting more officers. Officer Walter can then be heard giving instructions to Darlene Nicole on how

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she is going to get her up. Officer Walter is then heard telling Darlene Nicole, who is crying to sit and
not talk to anybody.

Officer Clear arrives and can be seen escorting Darlene Nicole to her patrol unit. Officer Walter can be
heard (marker 18:15:15) that she needs to figure out what is going on and Sergeant Gillis begins telling
Officer Walter what he learned from the individuals outside before the fighting started. Sergeant Gillis
advises Officer Walter that Darlene Marie committed two acts of domestic battery.

is also primarily audio showing a view of the street and

sidewalk area in front of the residence. matches what is described on Officer
eo. Specifically Sergeant Gillis can be heard stating (marker 18:11:22)
W
Y

At (marker 18:11:34) Officer Owens comes into camera view escorting Darlene Marie, who is bleeding
from her nose and mouth area, out of the residence, and Sergeant Gillis is directly behind him escorting
Michael out of the residence. Darlene Marie continues to struggle and twists as Officer Owens escorts
her to his vehicle.
Officer Owens then tells Darlene Marie to sit there
and be quiet and Darlene Marie then tells Officer Owens that her daughter is a minor.

As Officer Owens attempts to seatbelt Darlene Marie into the back of the vehicle (marker 18:12:12),
ter is a
minor. Darlene is yelling and talking with her head turned toward the open door and Officer Owens,
which causes the back of her head to block the view of the camera in the patrol vehicle. Officer Owens
It should be noted that based on the
camera view, it is unknown if Darlene Marie is intentionally spitting on Officer Owens, or if since she is

unintentionally spit on Officer Owens. Medical is confirmed to be arriving (marker 18:20:35). Officers
contact Darlene Marie in the rear of Officer Owens vehicle (marker 18:22:45) and place a spit mask on
her and then Medical checks her injuries.

During the time Darlene Marie is secured in the rear of the vehicle, she can be seen fidgeting and
twisting in the seat and is not sitting
s to yell about having
her house locked and as Officer Owens begins to transport her. Darlene Marie states (marker
T
that she attacked Officer Walter and himself. S
trying to help her brother. But I watched how everybody man handled my daughter. And I know that
d that one
sergeant he punched me straight

Officer Owens states that it is recorded and Darlene Marie

On film, is it on film?
is door
right here. I read your mouth and I heard you say he punched her real hard. You were right he did

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d that; I was just going up to him to stop my son. I was

18:17:32 hours, which was after all the altercation had taken place and after medical had arrived.

advised that Officer Walter and Officer Owens had been battered while investigating the disturbance
call.

responded to the Henderson Detention Center to document the injuries sustained during the use of
force at the request of Sergeant Marie
. He placed the photographs into digital evidence.

A review of Henderson Municipal Court View showed that on 8/5/14 Darlene Marie pled no contest to
domestic battery 2nd and was found guilty by Judge Diana Hampton. A review of Henderson Justice
Court View showed that on 9/22/14 Darlene Marie pled no contest to the negotiated charge of
misdemeanor battery for one of the charges of Battery on Protected Person and no contest to
misdemeanor resist public officer for the other charge of Battery on Protected Person. Darlene Marie
was found guilty by Judge Rodney Burr on all charges.

A review of Henderson Municipal Court View showed that on 8/4/14, Michael pled no contest to one
count of resist public officer and was found guilty by Judge Mark Stevens; the other resist public officer
charge -
Criminal Division.

The above incident was reviewed by Henderson Police Department Use of Force-Training & Analysis
Officer Jamie Borden, who advised that:
this incident, the force used by officers is reasonable based on Graham V. Connor and the Calculus for
Objective Reasonableness, current training and policy. This opinion was based only on the narrative

Due to the fact that Darlene Marie Schriefer could not be contacted to complete a recorded statement,
this review was based on a review of the reports and MAV system only. Based on that review, it was
not necessary to interview the involved officers and sergeant.

There are no previously related investigations involving violations of this type in the last 3 years for any
of the officers on the call.

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The aforementioned incident(s) may be a violation of the following:

DPM-1094 Code of Conduct- Use of Force:

Officers will only use that force necessary to effect an arrest or protect themselves or other
persons from injury or death. (Class 5)

DPM-1094 Code of Conduct-Violations Not listed Elsewhere:

DP446.3.1 Required Activation of MAV
The activation of the MAV system is required in all field contacts involving actual or potential
criminal conduct, whining video or audio range (Class 3)

DPM-1094 Code of Conduct-Conduct Unbecoming:

Use of rude or insulting language. (Class 2)

To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Denise Price DATE: 3/25/15

HPD 0076 City of Henderson, NV Revised: 12/22/2010