Otuce of Professional Standarus Complaint File Closeout Report 9PS Control Number: OS. -DOYS-SaP Date investigation Received: _ Qe aod Renmed: Bx) 29% _ Daelavesticnion Closet: —_D-2 9-93 Sapioyer bods CaosaV Marek RS PE nique ne: 244, ee Se ieth ve Dispos Rule Number(s): | 2d Disciplinary Action: S dag. Modified Action: Rule #3 Rule = - Disciplinary Category: _C C ee Date of Action: jIS-3 SO08 SN 3 Waiver: Mi vs CI Ne Specie! Conditions and/o ley RS Unique ID'No Accused Employee's Assignment: avestigative Disposition: Rule # 1 Rule 24 Rule Number(s): Disciplinary Action: Modified Action: LIT | Disciplinary Category: Date of Action: | Waiver: : ves Ne o= o € yi A City of Atlanta Internal Correspondence Atlanta Police Department MEMORANDUM To: Inv. Jacqueline Gwinn-Villaroel FROM: — Major H. R. Dunovant HAY DATE: = May 21, 2003 RE: Disposition OPS Complaint File: 03—0085-SOP ‘An investigation has been completed into the complaint filed against you alleging misconduct. The complaint has been closed as indicated below: —— _Exonerated - your conduct was determined to be justified, lawful and proper. —— _Not Sustained - the investigation did not develop sufficient information to prove or disprove the allegation(s) stated in the complaint. ‘Sustained - the investigation did develop sufficient information to prove the allegation(s) stated in the complaint with regards to employee work rules 1.03 (Truthfulness) and 2.33 (Conformance to Directives) ——— _ Unfounded - the allegation(s) were without factual basis, HRDjrs cc: Major J. Mathis File© @ __Internal Correspondence MEMORANDUM TO: MAJOR H. R. DUNOVANT FROM: LIEUTENANT V. BOWSER DATE: APRIL 14, 2003 RE: INVESTIGATION AND DISPOSITION OF COMPLAINT NUMBER 03-I-0085-SOP An investigation of the allegations of this complaint and any other allegations, which arose during the investigation, has been completed. ‘The following represents the findings of this investigation: I. INVESTIGATIVE DISPOSITION a. of the Complaint against Investigator Jacqueline Gwinn-Villaroel [X] Sustained Rule: 1.03 (Truthfulness) [X] Sustained Rule: 2.33 (Conformance to Directives)MEMORANDUM PAGE TWO 03-1-0085-SOP_ I. POLICY OR PROD! CHANGE! aN RECOMMENDATIONS, AND/OR COMMENTS The Department alleges Investigator Jacqueline Gwinn-Villaroel attempted to access a case file from the desk of Investigator L. Browning without the permission of Investigator L. Browning or the Gangs and Gun Unit supervisor. Moreover, Investigator Gwinn-Villaroel did not have a ‘right to know” the contents of the Gangs and Gun Unit investigative file. Investigator Gwinn- Villaroel is assigned to CID/Assault. A review of the complaint file indicates the following, On January 28, 2003, Investigator Gwinn-Villaroe! failed to adhere to the Criminal Investigations Division Written Directive when she accessed and removed a file from the desk of Investigator Browning. Investigator Gwinn-Villaroel’s actions were captured on video, Investigator Gwinn-Villaroel did not have a ‘right to know’, nor was she granted access to the file by a unit supervisor, as outlined in the written directive. Therefore, I recommend 2.33 (Conformance to Directives: Written Directive BPS,SOP.4.12, entitled ‘Criminal Investigations Division’, Sub-section 8.16.9) be Sustained. Furthermore, Sergeant M. Harty and Sergeant J. Whitmire indicated that on January 16, 2003, Investigator Gwinn-Villaroel was observed ‘searching’ Investigator Browning’s desk. Sergeant Harty indicated when Investigator Gwinn-Villaroel was asked why was she ‘searching’ the desk, Investigator Gwinn- Villaroel responded something to the effect of, “Investigator Browning was supposed to leave a copy of a report,” which Investigator Browning refutes. On February 27, 2003, when questioned again as an accused employee, by Lieutenant Denson, Investigator Gwinn-Villaroel denied removing a file from another investigator's desk, even though her act of removing the file was captured on video tape. On March 4, 2003, during a subsequent statement to Lieutenant Denson, Investigator Gwinn-Villaroel, by her own admission, stated she was untruthful in the swom statement she provided on February 27, 2003. Moreover, on that same date (March 4, 2003) while being questioned by Lieutenant Denson, Investigator Gwinn-Villaroel also stated the information in the file that she obtained from Investigator Browning’s desk contained several sheets of information resulting from 911 calls for service to an address. The file in question in fact contained a criminal history and an Atlanta Police Incident Report. There is sufficient evidence to indicate Investigator Gwinn-Villaroel was untruthful both in her spoken and written words, and that 2 counts of 1.03 (Truthfulness) be Sustained.MEMORANDUM PAGE THREE 03-1-0085-SOP ‘Commander, Internal Investigations ‘This Investigation is: [4Kpproved | | Disapproved (Cofmmander, OPS/Date ‘Comments:9 City of Atlanta Internal Correspondence Atlanta Police Department MEMORANDUM TO: Deputy Chief M. L. Brooks FROM: — Major H.R. ona SA DATE: April 15, 2003 RE: Chain-of-Command Review OPS File: 03-I-0085-SOP ATTENTION: Expedite Response, Return Complaint File by April 26, 2003 This complaint of alleged misconduct on the part of Investigator Jacqueline Villaroel has been investigated by this office. Sufficient facts were gathered and evidence collected to Sustain the allegation(s), Please expedite your review and have the complaint file returned to the Office of Professional Standards on or before the date indicated above, Should you have any questions or concerns, please contact me directly. ‘Thank you: Date Stamp the Appropriate Block Delivered to Division _| Delivered to Section | Returned to Division | Returned to OPS C.LD. F Ct, APR 4.5 2003 ‘APR 22 200d a ‘TWE. ReiterCity of Senta Internal Correspondence Atlanta Police Department MEMORANDUM TO: Deputy Chief M. L. Brooks FROM: Major H. R. Dunovant DATE: April 15, 2003 RE: ‘OPS Complaint #03-1-0085-SOP Per your request a review of OPS complaint #03-I-0085-SOP was conducted by the Office of Professional Standards, ‘This review was not limited to the Office of Professional Standards, as is customary the assigned lawyer from the City Attorney's Office also reviewed the aforementioned file. ‘The review by OPS and the city attorney concluded with the same opinion. Three of the five sustained charges that were submitted 1.03, 1.03 (Truthfulness) and 2.33 (Conformance to Directives) were found to be accurate, on point and appropriate for this investigation. ‘The sustaining of work rule violations 1.14 (Confidentiality of Departmental Business) and 1,04 (Conduct) appear excessive or redundant in reference to 1,04 (Conduct) and somewhat difficult in terms of proving intent in 1.14 (Confidentiality of Departmental Business). However, formal charges are drawn up for each of the five ‘work rule violations that you sustained should you desire to proceed with each one, HRDijrs® o CITY OF ATLANTA. INTERNAL CORRESPONDENCE. fanta Police Department Special Investigations MEMORANDUM TO: Deputy Chief M. L. Brooks FROM: Major J. W. Mathis wh DATE: April 21, 2003 RE: Em 5. Step #3 Comments: This is a very serious work rule violation due to the fact that the matter involved the accessing of arrest and case information of a family member by Investigator Gwinn-Villaroel, This was an investigation that was being handled by another CID Unit, and that Investigator Gwinn-Villaroel had no involvement with. Based on the seriousness of the violation in addition to the 30-day suspension, I recommend that Investigator Gwinn-Villaroel be removed from her appointed position as-an Investigator and be retumed to the position of Police Officer.City of Atlanta Internal Correspondence g) Atlanta Police Department MEMORANDUM TO: Major H.R. Dunovant Office Of Professional Standards Commander FROM: Deputy ChiefM, L. Brooks\ Criminal Investigations Division DATE: April 22, 2003 Investigator Jacquelyn Gwinn-Villaroel Thave reviewed the attached file and taken the following actions: Concur with Commander. we a DAS Do not concur with Commander Date, My recommendation is as follows: Issue Oral Admonishment___IssueWritten Reprimand. Sustained. Not Sustained, Exonerated____ Exceptionally Close__ Unfound, Adverse Actions__ Notice Of Adverse Actions Dismissal Recommended, ‘Additional investigation/recommendation of proper charge(s). Please contact my office if you need additional information.ATLANTA POLICE DEPARTMENT DISCIPLINARY COMPLAINT FOLDER INDEX EMPLOYEE NAME: Jacquline Gwinn-Villaroel_OPS CONTROL #: 03 10085 SOP Ttem Ttem Number| Initials] Date No. of Pages| 1 |Disciplinary Complaint Folder Index 2__|MMD 2 [Supervisor Complaint Investigation Checklist 1_|MMD 3___ Preliminary Complaint Form * 1__|MMD 4 __ [Summary —Lt. M. Denson 6__|MMD | 3-12-03 35____|Statement— Sgt. M. Harty 1__[Mmp [| 2-3-03 6 [Memorandum — Sgt. M. Harty 3__| MMD | _2-3-03 7___|Statemént — Sgt. J. Whitmire 3__| MMD|_2-3-03 & __ [Memorandum — Sgt. W. Whitmire (2-4-03) 2__|MMD|_2-4-03 ‘9 [Statement — Inv. L. Browning 4__|MMD|_ 2-403 10 [Statement — Inv. B. D. Bums 2__[MMD|_2-4-03, 11 [Statement — Inv. W. N. Gilmore 1__| MMD | 2-4-03 12___ [Incident Report Original — 03 014 1721 5__|MMD |_2-4-03 13 [Incident Report Supplement — 03 014 1721 2 | MMD | 2-4-03 14 __ [Impound Report — 03 014 1721 1__|MMD | _2-4-03 15 Property Evidence / Inventory Forms 030141721 | 9 |MMD | 2-403 16 |lncident Report — 03 O15 1175 3__|MMD|_2-4-03 17 |Arrest Warrant — 3__|MMD |__2-5-03 18 [Transmittal Memo — Lt. M. Denson 2__[ Mp | 2-17-03 19 Employee Data Sheet — Inv. Gwinn-Villaroel 3__| MMD | 2-17-03 20___|Emp. Status Card (Personnel) J. Gwinn-Villaroel 1__| Mp 2-17-03 21 Personnel Order 02.440 (Major Robinson) 1__[MMp | 2-17-03 22 __|Statement 1 — Inv. J. Gwinn-Villaroel 7__[ MMD | 2-27-03 23 [Statement — Off. T. Henninger 3__| MMD | 2-28-03, 24 [Statement 2 — Inv. J. Gwinn-Villaroel 6 __[MMp| 3-403, 25 [GCIC Awareness Statement 1_|MMpD |_ 3-403 26 |Memorandum — Sgt. W. Whitmire (1-29-03) 1_|MMD [_3-4-03 27___ |FIU Vehicle Seizures Printout 1__|MMD[_ 3-403 28 {Memo— Sgt. Ross (1-29-03) +3 Attachments 4__| MMD|_ 3-403 29 [Property — Impound Release Paperwork 11_|MMD |" 3-403 30 |Statement — Donald Heath 3__|MMD | 3-6-03 31 |Statement — Willie Robinson 3__|MMD|_3-6-03 32___ [Bell South Map 2 | MMp | 3-9-03 33 [Statement — David Anthony Villaroel 6 | MMD | 3-10-03 34 |BPS.SOP.4.12 (Criminal Investigations Division) | 26 _| MMD |_3-12-03 35 |Video Tape (Full Version) 1_|MMD[_ 2-4-03 36__ |Video Tape (Condensed Version) 1__| MMD |_2-4-03 Form APD-#20 revised 17/20006 ATLANTA POLICE DEPARTMENT DISCIPLINARY COMPLAINT FOLDER INDEX EMPLOYEE NAME: Jacquline Gwinn-Villaroel @ OPS CONTROL #: 03 1 0085 SOP Tem Trem Number] Initials] Date No. of Pages| '37___| Employee Discipline Worksheet T LF TINS 38 NPAA 4 skm | 5/23/03 39 NERA 4 SKM 23/03 40 Appeal Waiver 4 sxm__|_5/23/03 41 Employee Response Session 1 sam | 5/23/03 f L orm APD-#20 revised 120006 ATLANTA POLICE DEPARTMENT SUPERVISOR COMPLAINT INVESTIGATION CHECKLIST & EMPLOYEE NAME: Jacquline Gy laroel OPS CONTROL #:03 1 0085 SOP INVESTIGATIVE FOLDER X_] 1. Disciplinary Complaint Folder Index K_] 2. Supervisor Complaint Investigation Checklist X_] 3. Preliminary Complaint Form (For all formal complaints) 4, Citizen Statements (Where applicable) X_] 5. Employee Statements X_] 6. Complaint Investigation Disposition Form (Command Investigations) OR Complaint Transmittal Summary Memorandum (OPS Investigations) XK] 7. Any Supporting Documentation (See below list) Offense Report Lab Results Accident Report | Photos Medical Release X_| Video Tape/Audio Tape [3X] Other Arrest Warrant X_| Other ~ Awareness Statement Lt. M. Denson, Sr. Omaneh 13 200 Investigation Completed By Date Completed DETERMINE DISCIPLINARY ACTION 8. Disciplinary Worksheet (Filled out by supervisor) NON-ADVERSE ACTION 9. Oral Admonishment given to (Employee) by (Supervisor) for tule on 10. Written Reprimand given to (Employee) by (Supervisor) for rule ‘on. "ADVERSE DISCIPLINARY ACTION 11. Notice of Proposed Adverse Action (NPAA) issued (Date) 12, Extension of time form (When applicable) 13. Notice of Final Adverse Action (NFAA) issued ate) NFAA issued by (Name) PROACTIVE CORRECTIVE ACTION 14, Memorandum on Corrective Action (If applicable, includes counseling) 15. Training given on for 16. Other Pasig ee joes Form APD-£21 reved 1/1/2000,ATLANTA POLICE DEPARTMENT PRELIMINARY COMPLAINT FORM tesmcxnon [X]SemStnon “human orsrameex|_O3 I QO85 SOP nas aa STR pa ee ao one re 15-79 Floor loz_|o3_|o3_|1030_jor_|16_Jo3_|1700 Aa aes L Atlanta, Georgia 30308 [Rao ARS RD TAPES THA APART OF OS E BRIEFLY DESCRIBE ALLEGATIONS | “2a | Susiso[ | Sin [On January 16, 2003 at approximately 1700 hours, you attempted to access a case file from the desk of Investigator L. Browning without her permission nor did you have a right to know or a need to see any fle in the care and custody of the Gangs and Gun Unit. COMPLAINANT INFORMATION sero conan 7 Soe RON SAAN, UE FON MIDS OR LR aA ia eo Ps [Harty, Michael lw |M 60 aaa Tar a 1675 Ponce de Leon Avenue N. E. —_— Same TT EPC RTT weer RT [None N/A N/A. ce TS TS rae parwRT |Gwinn-Villaroel, Jacquelin inv. iin 7+ |ili-s7 J2s59 aT a Ey owason—YaRENOR Jane [enue oro [arts mA 8 | earn pease [aso jc lEve |X N/A aa TARTS ETT NE era [RocSeD ern CART PRT. FO Care ae aa ae [soarENT "aaa ae RT TT eonson Yeon” ware Jono] orga |e cy) rans [wane jena ORAL [ors bac TS RO oo aii pane iz To par TERT __| BRT ae TT [Major J. W. Mathis [Lt. M. Denson, Sr. 3-la-03]G , CITY OF ATLANTA Intemal Correspondence ss. — MEMORANDUM 03:1 0085 SOP To: ‘Major J, W. Mathis FROM: Lieutenant M, Denson, Sr. "WWD DATE: March 12, 2003 RE: OPS Complaint Investigator J, Gwinn-Villaroel Thave completed the OPS investigation of file number 03 1 0085 SOP as directed into the matter of Investigator J. Gwinn-Villaroel. My investigation concentrated in three (3) areas, the searching of Inv, Browning’s cubicle on January 16, 2003, the removal of the manila file folder from the cubicle of Inv. L, Browning on January 28, 2003, and an inquiry by Officer David Anthony ‘Villaroel to Officer Henninger of Zone 1 to release a vehicle with a hold for the Financial Investigations Unit. My investigative findings are as follows: QED was arrested after a traffic stop, drugs and a weapon were found on January 14, 2003, A white 1997 GMC Yukon that he was operating was impounded with a hold placed on it for FIU. The officers of record as indicated in APD Incident Report 03 014 1721 were J, C. Ferguson, J. L, Haynes and T. Henninger. Investigator B, D. Bums assigned to the Narcotics Unit assisted in debriefing €QHNNNYBB and finding additional contraband (cocaine) inthe vehicle, Investigator Bums notified Investigator L. Browning (Gang Unit) of the arrest on January 15, 2003. Inv, Bums requested Browning’s assistance due to her knowledge of SSRN and his place of business. Inv. Browning obtained a search warrant and executed it on January 15, 2003, On January 16,2003, according to Inv. Browning, she discussed the probable cause of executing a search warrant on the residence of SIRI based on the amount of drugs confiscated on the traffic stop and the search of his business. This took place at the end of the day, The warrant was not obtained. My investigation revealed that J. Gwinn-Villaroel lives approximately 6.3 miles from QM in Dekalb County (tap enclosed). P46© ‘@ Page Two 0310085 SOP Gwinn-Villaroel - OPS Complaint Summary March 10, 2003 Area One (1) The searching of Inv. Browning’s cubicle on January 16,2003 Sergeants’ Harty and Whitmire first became aware of a potential problem on January 16 2003. Sergeant Whitmire observed Investigator Gwinn-Villaroel on January 16, 2003 late in the afternoon going through the cubical drawers of Investigator Browning’s cubical. ‘Sgt. Whitmire notified Sergeant Harty via telephone. Sergeant Harty went to the cubical and saw Inv. Villaroel “searching” as Sergeant Harty stated Inv. Browning's desk area. Investigator Gilmore also saw Inv. Gwinn-Villaroel at the cubicle of Inv, Browning but did not see any items in her (Gwinn-Villaroel) hands, When questioned, Villaroe! explained her actions according to Sgt. Harty as Inv, Browning was supposed to leave a report for her (Gwinn-Villaroel) on her (Browning’s) desk. Inv. Gwinn- Villaroel at the direction of Sgt. Harty picked up the telephone and had what sounded like a conversation with Browning. Sgt. Harty after this call went to his desk, called Iny, Browning and asked if she had received a call from Gwinn-Villaroel. Inv. ‘Browning responded “no” according to Sgt. Harty. Sgt. Harty retrieved and secured all the files for the @INNNINP case at the request of Inv. Browning. On January 16, 2003 a wireless camera was installed at the direction of Sgt. Whitmire and knowledge of Sgt. Harty to monitor the area of Inv. Browning’s cubicle. It was ‘upgraded to a hardwire camera on January 17,2003. Inv. Chambers of the Intelligence Unit installed the cameras, ‘Area Two (2) The searching of Inv. Browning’s cubicle on January 28, 2003 On January 28, 2003 at the direction of Sgt. Whitmire, a dummy file was created and strategically placed in Inv. Browning’s cubicle drawer. Inv. Browning placed a dummy telephone call in earshot of Inv. Gwinn-Villaroel. In approximately two minutes after Browning made the call and left her area, Inv. Gwinn-Villaroel entered the cubicle area and started looking around through the drawers of Inv. Browning’s cubicle. Investigator Gwinn-Villaroel eventually removed a manila file folder from the middle drawer, left the area of the camera for approximately 7 minutes, 5 seconds then returned and replaced the manila file folder. This act was recorded on tape. The contents of the folder according to Sgt. Whitmire were: P426Page Three 03 10085 SOP ‘Gwinn-Villaroel - OPS Complaint Summary ‘March 10, 2003 Criminal History —— Incident Report - t report (16 pages) ‘The original tape and manila file folder were secured by Sgt. Whitmire. As of the day of this summary, the above items are still in Sgt. Whitmire’s possession. Area Three (3) The inquiry to release a hold on a vehicle for the Financial Investigations Unit Inv. Burns in his statement advised that Officer Henninger of Zone 1 called him on January 16, 2003 and asked if he could release the vehicle. Bums referred Henninger to Officer Haynes and Ferguson of Zone One. Henninger advised in his statement that he actually got a call from Officer Heath in Zone One. Officer Heath asked him about the release of the vehicle. Officer Heath advised in his statement that Officer Robinson of Zone One called him and asked about the release on the car, Officer Robinson advised in his statement that he in fact responded to the scene of the traffic stop and noticed a resemblance of @IINININP to Officer David Villaroel that. ‘was assigned to Zone One prior to being transferred to the Airport Precinct. Officer Robinson said that after confirming the relationship of SUMNER to David Villaroel, he (Robinson) initiated a telephone call to David Villaroel and told him (David ‘Villaroel) of the traffic arrest. Robinson in his statement states that he inquired about the release on the day of the traffic stop and talked to Officer David Villaroel the next day (January 16, 2003) and gave the information about the hold and also told David Villaroel about the search warrant on the business (executed January 16, 2003). Sergeant Brenda Ross of the Financial Investigations Unit provided this investigator with.a printout from the units’ database showing the vehicle logged in. After checking all paperwork relative to the vehicle release, it is concluded that the vehicle was processed according to policy and released properly. The loan balance was approximately 11,500.00 with an actual value of about 8000.00, The decision was ‘made not to seize the vehicle. The vehicle is register in two names: (Qe (Primary Purchaser) and @UNNEB (Secondary or Co-Buyer). P46Page Four 03 1 0085 SOP Gwinn-Villaroel - OPS Complaint Summary March 10, 2003 ‘This investigator has pulled and included in the files all paperwork relative to the release of the vehicle. It was released to a representative (Frank John Miller) of the lien holder, GMAC. My investigative findings (Employee Work Rule Violations) are as follows: Count One- (1) Employee Work Rule 2.33 (Conformance to Directives) states: “Every employee of the department shall familiarize herself7himsetf with and conform to rules, regulations, directives, and standard operating procedures of the department”. BPS.SOP.4.12 (Criminal Investigations Division) Section 8.16.9 states: “Access to unit investigative files will be granted to persons having both a “right-to-know" and a "need-to-know", Access to persons outside the Unit ‘must be granted by a unit supervisor”. Investigator Gwinn-Villaroel removed a file from the drawer of Investigator Browning’s cubicle on January 28, 2003. Investigator Gwinn-Villaroel did not have a right to know the contents of the file, a need to know, nor did she have permission of a supervisor to look at or have the authority to remove the file from its location, She initially denied removing the file and only admitted jt after being shown videotape of her actions. . Count Two (2) Employee Work Rule 1.03 (Truthfulness) states: “Employees of the Department shall be truthful, at all times, both in their spoken and written words. Official reports and court testimony shall invariably be as factual and accurate as possible”. Investigator Gwinn-Villaroel was questioned on February 27, 2003 and asked specifically about removing a file from the drawer of Investigator Browning's cubicle on January 28, 2003. She denied removing the file. When shown a video of her conduct on January 28, 2003 during a second statement on March 4, 2003, she admitted taking the file from the drawer which she denied in her statement on February 27, 2003 and at the start of her second statement on March 4, 2003 just prior to observing the video. P44g« Page Five 03 10085 SOP Gwinn-Villaroel - OPS Complaint Summary March 10, 2003 Count Three (3) Employee Work Rule 1.03 (Truthfulness): Investigator Gwinn-Villaroel when questioned on February 27, 2003 and asked specifically about searching the cubicle area of Investigator Browning’s cubicle on January 16, 2003 she stated she was looking for a report left for her by Inv. Browning. Inv. Browning denies that she had a report for Inv. Gwinn-Villaroel and the first Inv. Browning knew of it is when first called by Sgt. Harty ‘then by Inv, Gwinn-Villaroel. ‘This count of truthfulness is further supported by the incident of January 28,2003. Investigator J. Gwinn-Villaroel was untruthful in her initial statement and in her second statement at the beginning and did not tell the truth until compelled to do so after watching a video recording of her actions that was recorded on January 28, 2003. She still was not forthcoming with all the relevant facts of the contents of the file in question. According to Sgt. Whitmire the contents of the folder, which are sealed at this time, was a criminal history printout and an arrest report on QENREEENNME. With experience as an investigator, Inv. Villaroel she know what a criminal history printout is. On January 28, 2003 Inv. J. Gwinn-Villaroel was positioned at her desk when Inv. Browning made a dummy telephone call at the direction of Sgt. Whitmire. In less than two- (Q) minutes of the conclusion of the call and departure of Browning, the video shows the activity of Gwinn-Villaroel. Count Four (4) Employee Work Rule 1.04 (Conduct) states: “Employees of this Department shall not act in an official or private capacity in such a manner as to bring discredit upon the Department or upon themselves”, Investigator Gwinn-Villaroel was questioned on February 27, 2003 and March 4, 2003. Both times when asked specifically about searching the cubicle area of Investigator Browning’s cubicle on Janvary 16, 2003 and removing a file on January 28, 2003 she denied it. Investigator J. Gwinn- Villaroel did not tell the truth until compelled to do so after watching a video recording of her actions that were recorded on January 28, 2003. These actions bring discredit to Investigator J. Gwinn-Villarvel and the Department, This is based on her untruthfulness and on ber obtaining investigative information that involved a family member without the permission or knowledge of the case investigator or supervisor of the Gangs and Gun Unit, Count Five (5) Employee Work Rule 1.14 (Confidentiality of Department Business) states: “All employees of the Department shall treat as confidential the business, , files and reports of the Department. They must not impart 45-6@ Page Six 03 10085 SOP. ‘Gwinn-Villaroel - OPS Complaint Summary ‘March 10, 2003 knowledge of the above noted, except to those who have a “right to know”. Employees shall also comply with any non-disclosure agreement in which they have entered”, Investigator Gwinn-Villaroel had no involvement in the investigation of (RINMIBand did not have a right, need to know, or authority to obtain or review the case information. Investigator Browning's workstation (cubicle) is not shared with Investigator Gwinn-Villaroel and Investigator Browning's desk, drawers, and files are confidential areas. Investigator Gwinn-Villaroel did not have authority or permission to search, review or remove investigative documentation from Investigator Browning’s work area. 1 am respectfully submitting the contents of this investigative file for review and forwarding to the Office of Professional Standards for review and if the findings are concurred with, the drawing of formal charges. P4665@ @ ATLANTA POLICE DEPARTMENT EMPLOYEE STATEMENT EMPLOYEE: OPS #03 1 0085 SOP EMPLOYEE NAB G.AST RST.) GIASSFIEATION | POSTIONNUMBER | DATE A TIM OF STATEMENT Harty, Michael L. Sergeant [5150 02/03/03 -1745 HACE 3x | oe DATEOFERLOYWENT | 4D NO DIO SECTON | WATCH w M HB 60 | 10/01/83 1185 CID SIS DAY Tova TRAE lam_UiM Datson ofthe Atlanta Police Department _You are being questioned as a_ WITNESS jn an official investigation by the Department, Also present is: REPRESENTATIVES Nave: [Allemployees must answer questions and make available rlevait materials or sworn statements concerning an investigation of allegations of employee misconduct when directed to do so by a disciplinary authority or duly appointed investigator. Employees may ‘obtain representation but cannot delay questioning for more than three hours beyond the time he or she was notified ofthe questioning Except as authorized or required, an employee shal not interfere with nor contact persons involved in an internal investigation not disclose or discuss with enyone except the designated Departmental authority the existence or facts ofan Internal ivestigation. This rextrietion will not be construed to prohibit an employee fom discussing any aspect ofthe investigation with his or her representative, ‘Administrative statements made by employees and evidence gained by reasons of such statements may not be used against the employee in criminal proceedings involving the employee except in cases of perjury. ‘On January 16, 2003 at approximately 5:15 pm. Sgt. W. Whitmire called me on my desk extension and told me to check out Investigator L. Browning's desk. He stated Investigator J, Gwinn-Villaroel was looking for something. I got up and walked over to her desk were I observed Investigator J. Gwinn- Villaroel searching Investigator Browning's desk atea. I asked what was she looking for and she stated that Investigator Browning was suppose to leave a copy of a report for her to pick up. I advised her she needed to call Investigator Browning to see were she left the report. Investigator J. Gwinn-Villaroel pick up the phone on Investigator Browning's desk and appear to be calling Investigator Browning. Investigator W. Gilmore also observed Investigator J. Gwinn-Villatoel searching Investigator Browning's desk. I went back to my desk and called Investigator Browning, Investigator Browning stated she had not heard from Investigator J. Gwinn-Villaroel and she had no knowledge of a report. In fact Investigator Browning stated she had not spoken to Investigator J. Gwinn-Villaroe! about a report. (On January 29 at around 5:10 p.m. I received a call from Investigator Browning. She stated Sgt. Whitmire hhad hid a camera over her desk. She stated she wanted me to know that it was there. She went on to state that he had place a fold wth some information oo mmm in her desk. She stated she got on the telephone and acted like she was talking about the! case were Investigator J,Gwinn-Villaroel could hear the conversation and knew the folder was in the cabinet. At around 6:00 p.m. I spoke with Sgt. W. Whitmire on the third deck. He stated they caught Investigator J, Gwinn-Villaroel going into Investigator Browning's desk area and removing the file. He stated she took the file and returned it a short time later. He stated he had the act on tape. He stated he would show me the tape on January 30, 2003 ‘The next day I reviewed the tape which clearly showed Investigator Gwinn-Villorel removing the file Thave read or had reed fo me the above Hatement and I swear or affirm Ihat tf rue othe best of my knowledge and belie, Stem KI: [Sitter Sc ‘Sworn and subscribed to me this dayof Feb in the year 2003, me WacTY ordain Orn, Denson La, BTR SORES Poa i - Form APOI6 revised 12500 peu ten Coury, Gacria nission Esive axery 2, 2008© ® CITY OF ATLANTA. INTERNAL CORRESPONDENCE ‘Atlanta Police Department ; r MEMORANDUM TO: Lieutenant M, Denson FROM: Sergeant M. L, Harty 03 1 0085 SOF DATE: January 15, 2003 RE: Search Warrant (698 Echo St. N.W.) ‘On January 14, 2003, two officers from Zone One contacted Investigator B, Burns (narcotics) and advised that they were on a traffic arrest (030141721) where the suspect was found in possession of 4 ounces of suspected cocaine and a firearm. Investigator Burns went to the location to interview the suspect (NMNINNBII) and to assist Officer Havnes and Officer Ferguson. Upon his arrival he advised Mr. (ij his Miranda warning. Mr. (UMMA stated he understood:his Miranda warning and agreed to speak with Investigator Burns, Mr. qa) advised that there was more cocaine ‘in the vehicle. Investigator Bums recovered an additional 6 ‘ounces of suspected cocaine and an ounce of suspected marijuana, Mx@@MNM stated he was just teaving his place of business (Classic Auto Repairs) when the police stopped him. Investigator id he have any narcotics or weapons at his place of business located at 698 Echo St. Mr.QQINNNB dropped his head and stated “I rather not say.” Investigator Burns contacted Investigator L. Browning with the information. Investigators Browning had been conducting surveillance at the location due to information attain from her confidential and reliable informant. The Informant had advised that (AINE was using the business as a front for narcotic sales. He also advised Investigator Browning that Mr@S@NNMl@B had weapons in the business and was a-mid level drug dealer. Investigator Browning attained a superior caurt search ‘warrant for the location due to Investigator Burns being tie up on another important case. The Atlanta Police Gangs/Guns unit executed a search warrant on the location on January 15, 2003. During the search we recovered over a kilogram of suspected cocaine and a small amount of suspected marijuana. We also recovered 6 weapons from the location, We also recovered » ‘computer and bank statements in which Mr. QB were making large money deposits. Mr. (Wegiinwwes still in jail from his previous arrest. Mr. (ANIM has been convicted of weapons violations and he was on bond for involuntary manslaughter: Arrest warrants will be issued on Mr for the evidence recovered at his place of business. Atlanta Police F.LU. unit will be given a copy of the report and ATF will be advised of the arrest. All evidence was turned in to Atlanta Police Property. ‘CC: Major J. Mathis III . 6-1-3Page I of 1 € @ 03 1 0085 soP B 6-2-3 file://AAMVC-001F.JPG 115/03See 6 . @ Page 1 of 1 03 1 0085 SOP P 6-3-3 filev//AAMVC-030S.JPG 115/03/ATUANTA POLICE DEPARTMENT EMPLOYEE STATEMENT __ EMPLOYEE: OPS #03 E EMPLOYEE NAME (OST. TM EERCATGN | RONTENWONAER | DATE a Taal Or STATON ‘Whitmire, James W. Sergeant 4982 (02/03/03 1450 [ce EX DATE OF EMPLOYMENT THINS] Division ETON WATCH w_[M B59 | 03-27/90 1390 cD SIS Tocu Tanga ane Tees Jam ‘of the Atlanta Police Department _You are being questioned as a_ Witness in an oficial nvenigaton bythe Department. Alo present irs RERESNTATIVES AE ‘All employees must answer questions and make available relevant materials or sworn statements concerning an investigation of allegations of employee misconduct when directed to do so by a disciplinary authority or duly appointed investigator. Employees may ‘obtain representation but cannot delay questioning for more than three hours beyond the time he or she was notified ofthe questioning: Except as authorized or required, an employee sball not interfere with nor contact persons involved in an interna investigation nor disclose or discuss with anyone except the designated Departmental authority the existence or fects of an internal investigation. This restriction will not be construed to prohibit an employee from discussing any aspect ofthe investigation with his or her representative, ‘Adminitrative statements made by employees and evidence gained by reasons of such statements may not be used against the ‘employee in criminal proceedings involving the employee except in cases of perjury. Early in the aftemioon on January 16,2003, Sergeant M. Harty and Investigator Browning met with me in my office conceming the arrest of Johna@llN@, the susequent warrrant at his place of business located at 698 Echo Street and the seizures there. The conversation was on the possibilities of aquiring additional ‘warrants for his personal residence. While advising on the arrest and seizures, { was told that Officer David Villaroe! had called the arresting officer on the traffic stop and requested that the vehicle seized on the traffic stop be released back to the owner John (lip. Officer Villaroe! supposedly stated that Mr. @aMERR 2s 2 good guy and the officer should help him out. I recognized the last name as also that of Tnvestigator Gwen Villaroel who works in Assaults, but had previously worked Vice and occupied a cubical beside Investigator Browning. The relationship was explained to me as John @Ei@p had married Officer David Villaroels sister WIAIt was also stated to me that after the warrant execution at 698 Echo Street Investigator Gwen Villaroel made the comment to Investigator Browning "heard that you got a ‘good Lick” , refering to the seizures made on the warrant. Later that same day at approximately 1700 hours I was walking to my office when I observed Investigator Villaroel in Investigator Brownings cubical. Investigator Villaroel was methodically going through each drawer in the cubical area, desk and file cabinets, Upon observing this I stood in the doorway of my office watching Investigator Villaroel continue her search. I called Sergeant M. Harty on his cellphone and asked him if he was still in the building. He replied that he was at his desk. Without telling him why, I asked him to walk over to Investigator Brownings cubicle, which he did, Standing in my doorway I observed Sgt. Harty walk up on Investigator Villaroel, who was still opening the drawers of the qubicle without her seeing him. Sgt. Harty ‘approached Investigator Villaroel and asked her “what are you looking for" or something similar to that in have read or bad read to me Ue above stalepeat and Tawear oF affirm that Its true to the best of ray knowledge and belle, ‘Swom and subscribed to methis af dayof _ Fely inthe year 2003. sor. T.WAVME WHT ee Orr daion or, Dana Bay : aT SERN FOTARY Noten Publ Futon County Georala Form APR reve 17200 yearning, 208é C ATLANTA POLICE DEPARTMENT EMPLOYEE STATEMENT -EMPLOYEE: OPS #03 1 0085 So effect, I cannot recall the exact words, Investigator Villaroc! stated that she was looking for a report that Investigator Browning was supposed to have left for her. Sgt Harty suggested that she call Inv. Browning ‘on the phone to inquire about the report. I then heard Inv. Villaroe! talking as if‘on the phone saying, ” Leeann, this is Gwen, call me about that report you were suppose to leave me". Investigator Villaroel walked away as did Sgt. Harty, I talked with Sgt. Harty to see what he had observed. Sgt. Harty had seen the same thing that Thad, Sgt Harty called Investigator Browning who had no knowledge of any report for Inv. Villaroe! and stated that she had no permission to be in her desk. Sgt. Harty went back to Investigator Brownings desk and retrieved all files concerning John SHNiPand the ongoing criminal investigation. Because of this inappropriate intrusion into Investigator Brownings desk, file cabinets, and cubicle area, I had the TAC Investigators conceal a wireless camera to be placed on Investigator Brownings desk. During the time of constructing this unit I observed Investigator Villaroel again enter Investigator Brownings Cubicle and begin searching through the drawers. Several Investigators walked by the cubical and Investigator Villaroel went back over to her cubical. The consealed camera was placed on the desk. A review of the tape the next day produced no further action that night. On January 17, 2003 the wireless camera was replaced by a hardwired camera that was relocated. The cubicle location was taped during the evening hours for the next 10 days with no intrusions. On 01/28/2003 Investigator Browning at my Instruction created a dummy file with John Famers name on it. This file contained his criminal History and recorded activity on the CYIS System using his name as an inquiry. This information was placed in a manila file folder and place flat in the second desk drawer on the right hand side of the desk. The file folder was the only one of it's type in that drawer, Investigator Browning then while in her qubicle made a fake phone call acting as if to be talking to someone jnvolved in this case. Investigator Browning stated that the information on WAIN Would be in the 2" drawer of her desk in a file folder. During the conversation the phone on Investigator Villaroel 's desk rang but she did not answer it. Possibly in an attempt to hear the conversation. Investigator Browning left the office approximately five minutes later. ‘The consealed camera was on and taping. At 1:37 (one minute -thirty seven seconds) after Inv. Browning left I observed on the monitor Investigator Villaroel enter the cubicle area and look around. At 16:58 into the tape Inv. Villaroel's hands can be seen in the bottom left of the screen reaching around from her cubicle opening the side desk drawers attempting to access the file. Several drawers are opened and closed, nothing semmed to have been taken. At 31:50 into the tape Investigator Villaroel enters Inv. Brownings cubicle area, no files in hand, moves the chair to one side, opens the bottom file drawer first, looks at several files, shuts the drawer, opens the middle or second file drawer, appears to take something, shuts the drawer, stands up and a manila file is clearly visible in her hand as she walks away toward her cubicle, At 38:55 into the tape Investigator Villaroel enters Inv. Brownings cubicle area, with manila file in hand, and replaces the file in the second file drawer from which it was taken. . snd sweat or alfiresChat It true To the beat of my Knowledge and bellet, Swom and subscribed to methis % dayof Feo in the year 2003 AMeduin OM, Denson La, S6T.S. WAVE _( hide Oven TSTAYRRUE P-7.- 2-3 Nol ble ullon Coun Gene Form APDI6 revised 1/2000 — hy Consens January 9s€ @ ATLANTA POLICE DEPARTMENT i EMPLOYEE STATEMED mRCiaa at -EMPLOYEE: OPS #03 1 0085 SOP Why did you have concealed cameras placed in Investigator Brownings cubicle? faving been briefed on the John WING case, and the relationships involved, and after observing Inv. Villaroel searching Investigator Brownings cubicle , I felt that the search was for information regarding, the case that might compromise it's prosecution. Q: Was Investigator Browning aware that there was a camera in her cubicle? A: Yes . Could the file that was taken have been anything other than the [0 file? : The file in question was on the top of items in the second drawer, when Investigator Villaroel opened the second file drawer, the file retreival was immediate with no searching. ‘Q: Who has possession of the file at this time? A: Ido. Thave read of had read fo me the above: Tewear oF alfiren (hat [Ta true fo the best of my Knowledge and belie, i ls orn 0 a 5 orm APDER6 revised V12000City of atten sane Correspondence ‘Atlanta Police Department MEMORANDUM TO: Lt. M, Denson 03 I 0085 SOP FROM: Sgt, Wayne Whitmire DATE: February 4, 2003 RE: Timeline on Tape ‘Timeline on tape begins when Investigator Browning left her cubicle for the day on 01/28/03 0:01:37 _Investigator Villaroel enters Investigator Browning’s cubicle from left side (her desk side) walks to center desk area, leans into desk looking to her right for approximately three seconds, turns and walks to the edge of the cubicle area, looks around, returns to the desk area, leans in to the desk area again, ooking to the right side for approximately five seconds, backs out, tums and leaves to the right toward her cubicle, 0:16:58, ‘Hands appear in lower left of screen, opens middle desk drawer for two seconds, Closes middle drawer, opens bottom drawer, hands in sight going through files for approximately nine seconds, drawer shuts, Fourteen seconds later a hand is observed lower left screen around closed drawers, Investigator Villaroel enters Investigator Browning's cubicle area from the right of the screen (hallway area), with cellphone in her right hand, left hand is empty, Inv. Villaroel moves the desk chair to her left away from its position in front of the desk drawers. Inv Villaroel looks to her right, and then proceeds directly to desk drawers, Inv. Villaroel opens bottom desk drawer with ‘hanging files visible, looks through hanging files for approximately eight seconds, closes drawer without removing any items, she then opens the middle desk drawer, removes the top file, (dummy file) and shuts drawer (3 seconds). Inv. Villaroel clearly has dummy file from middle drawer in her left hand and her cellphone still in her right hand as she exits to the left of the screen toward her cubicle, 0:38:55, Investigator Villaroel enters Inv. Browning’s cubicle from the left of the screen (from her cubicle area) with a manila file folder clearly in her right hand . Inv, Villaroel proceeds directly to the desk drawers where she transfers P 8-1-2@ » 03 1 0085 SOP the file to her left hand, opens the middle desk drawer with her right hand, and places the file folder flat in the drawer with her left hand. Inv. Villaroel then closes the desk drawer with her right hand and turns, leaving the cubicle to the left of the screen toward her cubicle. P 8-2-2 Page 2@ ATLANTA POLICE DEPARTMENT EMPLOYEE STATEMENT EMPLOYER: OPS #3 I 0085 SOR ENPLOFEE NAME (LAST FIRST GASSMEATION | FOSTION NUMBER | DATE A TRIE OF STATEMENT Browning, LeAnne Inv. 4997 02/04/03 0930 Tce Se [OB SAEOF TOWNER | THOTIONT ‘BIS — | SeCTON [WATE w | F |i 01/24/95 211 cD SIS Gangs Tam Tav.L. Browning of the Atlanta Police Department, You are being qu Department. Also present is: All employees must answer questions and make available relevant materials or sworn statements conceraing an lavestigation of allegations of employee misconduct witen directed to do so by a disciplinary authority or duly appointed investigator. Employees may ‘obtain representation but cannot delay questioning for more than three hours beyond the time he or she was notified ofthe questioning. Except as authorized or required, an employee shall not interfere with nor contact persons involved in an internal invest disclose or discuss with anyone except the designated Departmental authority the existence or facts of an intemal investigation, This restriction will ot be construed to probibt an employee from discussing any aspect of te investigation with his or her representative. ‘Administrative statements made by employees and evidence gained by reasons of such statements may not be used against the ‘employee in criminal proceedings involving the employee except in cases of perjury. ied as & wiress In an official investigation By the On January 15, 2003 Inv. B, Burns (Narcotics) advised me that Ofc. Henninger, Ferguson, and Haynes from Zone One had arrested (UNENEEENNID on a traffic stop the night before. Over ten ‘ounces of suspected powder cocaine and a .45 caliber handgun were among several items seized on the traffic stop. Mr. @lNNllmBis an individual that I have been investigating for narcotics distribution out of his place of business at 698 Echo Street. With the information that I had already gathered and the information that Inv. Bums provided, I was able to obtain a Superior Court search warrant for 698 Echo Street, The Gang and Gun Unit executed that search warrant at 1600hrs‘on January 15", Seized from that warrant was over a kilo of suspected cocaine, six weapons, documents supporting Mr.SSNNNN@N's ownership of the business, as well as account information and financial documentation 07] C2, CA cid Qa Thave Fead or had read to me the above Watement and Iswear or alirm that tis trie to the best of my Knowledge and belief, x TORATIRE Swom and subscribed tome this Q4Y dayof Fe. inthe year 200.3 Besa ae Orn Duin Om, Quasony Bas. TOTAL oy Pb. WENA Rien Coun, Cooria Edam 9, 06@ @ ATLANTA POLICE DEPARTMENT EMPLOYEE STATEMENT EMPLOYEE: OPS #03 1 0085 soP (WME Set. Harty was made aware of the documents seized from the business. The next morning Sgt. Harty and I advised Sgt. Whitmire about the documents seized from 698 Echo Street. I discussed with Sgt. Whitmire the possibility of obtaining a search warrant for the residence of ASIEN based on the documents and evidence seized. On the afternoon of January 16", Inv. Burns advised me that he had received a phone call from Ofe. Henninger. Ofc, Henninger asked Inv, Burns if there was any way he could release the Chevy Tahoe that was seized when Mr. (UNNIBBBwas arrested, Ofc, Henninger went further to say that Ofe. D. Villaroel had called him asking for the vehicle to be released because his sister is married to Mr. (mmBand the vehicle was registered in her name. Inv. Burns advised me that he thought the phone call from Ofe. Henninger was strange because Ofe. Henninger and Mr. (Riad an adversarial relationship during the traffic stop. Around 1700hrs on the 16", I placed my files for the@JNNNNNlMBbase in my file cabinet. Major Mathis came by and spoke to me about the case. I then signed out and left for the day. I received a phone call from Sgt. Harty asking me if I had received a phone call from Inv. J. Gwinn-Villaroel regarding a report that she advised I was to leave her. I told Sgt. Harty that I had not received a phone call from Inv. J. Gwinn-Villaroel.’ Sgt. Harty weht on to say that he Thave read or had read to me the above Hatement and Tswear ov affirm that it Ts true to the best of my knowledge and belie, Orr duion Om, Denton La, OYE OE RoR RRL, L.Browain 7 a Notery Putt, Fulton County, Grorgiea {My Commision Expres onary 9, 2008@ @ ATLANTA POLICE DEPARTMENT EMPLOYEE STATEMENT _EMPLOYEE: OPS # 03 1 0085 SOP had seen Inv. J. Gwinn-Villaroel opening and searching through my desk drawers and file cabinet drawers. told Sgt. Harty that I would advise him if I received a call from her. T'then received a call from Inv, Gilmore stating that he observed Inv. J, Gwinn-Villaroel searching through the drawers of my desk. Approximately five minutes later I received a phone call from Inv. J. Gwinn-Villaroel asking if'someone had left a report on my desk for her, I advised her that no one had left a report for her on my desk. She stated that this person might have gotten our desks mistaken. I then called Sgt. Harty and advised him of the phone call and I asked him to move the files from the cabinet since I had forgotten to lock it. Sgt. Harty also advised me that Sgt. Whitmire’s unit had placed a camera on my desk to document any other possible activity. The next morning I spoke with Sgt. Whitmire and Sgt. Harty, we reviewed the tape and did not find any additional activity. Sgt. Whitmire then advised that liv, Chamiers was going to hardwire a camera above my desk for any future documentation. On January 29, 2003 Inv. J. Gwinn-Villaroel was at her desk. I spoke to Sgt. Whitmire and told him that I was going to place a fake phone call and talk about the Pama case. I placed a call to my desk phone on my cell phone (Inv. J. Gwinn-Villaroel’s cubicle is next to mine within earshot), The phone rang and I picked it up and began a fake conversation. During the Thhave rend or bad read to me the above siatement and [sear or allem Ghat its irue to the best of my Knowledge and belie, Zz > rE TOOT Swom and subscribed tome this 04 dayof _ Feb. inthe year Doo E. Bourton eaduin Om, Danson Las: a ROTETRE SOTA eee ee [Notary bt, Fllon County, Georgia My Genaion Ee Jaen 9, 2008