UNITED STATES CAPITOL POLICE

REPORT OF INVESTIGATION

COMPLAINANT: Unites States Capitol Police OPR # 21-019 A

SUBJECT OF INVESTIGATION: Conduct Unbecoming

Respondent:

1. Lieutenant PIN - • Command and Coordination Bureau, Special Events

Section (CCB-SES)

Allegation(s):

1. That, Lieutenant _ . . .llegedly violated United States Capitol Police (USCP)

Directive 2053. 13 ~ duct when on January 6, 2021, he bumped elbows with an
unauthorized person who had breached the U.S. Capitol Building during a large riot which
resulted in fatalities and mass destruction.

Background:

On January 14, 2021, the Office of Professional Responsibility (OPR) received an email from
Deputy Chief Sean Gallagher, Protective Services Bureau Commander, which read:

"FYI. This video was sent to me. Passing along for your awareness. It appears to show
Lt ~ ha/dng hands, elbow bumping with the rioters. There is another officer who
does the same, but he 's in hard gear.

https://www.instaqram.com/p/CJ4MmosC4P1 /?igshid=14zezrczj8aj7" {Exhibit # 1)

The OPR initiated an investigation into this complaint on January 15, 2021. Sergeant Miller was
assigned to investigate this matter.

The CCTV showed a short clip of a protester shaking hands with an unidentified officer (in hard
CDU gear). The same protester then attempted to shake hands with - who slightly
ext«?nded his elbow towards the individual. (Exhibit #2)

CAPD_000000736
 2 Case# OPR 21-019 Pt

Discussion:

On January 15, 2021, Lieutenant (CCB-SES) was interviewed and provided a

written statement.

as provided the opportunity to view the Instagram video and confinned his presence.
was unable to identify the officer in the hard CDU gear that shook hands with the
protester.

- testified that on January 6, 2021 he responded to the Senat~ door after it was
breached and assumed command over that area to regain control. - stated he set up a half
circle of containment to prevent further breaches. - testified they (USCP) were
overwhelmed with people, inside and outside, who had them pushed up against the wall. -
stated as more units arrived he was able to create a circle around the rioters to prevent them from
moving north and south in the hallways- testified that as officers began pushing people
out of the door he set up a blockade of officers further down the hall to prevent stragglers from
returning to the area.

- stated, in part, "the video is the tail end of that scene from that time ofthe people exiting
the building. At that time, we were able to get these people out, even though we were still
unmanned, in a somewhat peaceful way, relative to how impeaceful it was the rest of the day."
testified the main concern was officer safety because they were "so outnumbered."
stated the individual, with whom he bumped elbows, assisted to calm the crowd down.
stated, "even though the hell with him, with what we were/acing, if.we had someone in
the crowd helping to push people out and tell them to get out, we took it. " - recalled the
man shook the hand of the officer standing next to him, but he didn't want to shake his hand so
he extended his elbow. - felt, at that time, that "this is ridiculous. We still have units in
other areas being over taken and we just need to get these people out ofhere. So just get them
out." - did not know the identity of the man, but he recalled speaking to him earlier.-
stated the man advised him he and his friends weren't there to hurt the officers and would try to
help them out. - testified he did not support the protesters ideologies and denied
involvement in any group similar to them. (Exhibit #3)

In his written statement,- testified:

"My actions in the short video footage, provided by Sgt. Miller, were an attempt to
continue to remove rioters out oftlzat area of the U.S. Capitol Building as quickly as
possible, without any further hazard to the officers in that specific hallway. While the
video might appear to show me sympathizing or beingfi'iendly with a certain rioter(s), I
can assure you that it was the complete opposite. It was merely an attempt to keep the
scene under control as much as possible until we could secure the door and that specific
area. We were severely outnumbered and it was a split second decision to fly and not add
fuel to the fire. "We just needed to get them out ASAP and secure this area" is what I was
thinl,,ing at that second.

CAPD_000000737
 3 Case# QPR 21-0194

The amount of officers in that video was far more than what we had in that area when I
first arrived on scene. It took us a ve,y long time to get more officers to the area so we
could form a perimeter and attempt to push the crowd of thousands back out the small,
broken fire exit door. The rioters knew they outnumbered us and made it clear that they
outnumbered us, even as they were leaving the building. L along with many other
officers, had already been through hell that day, both mentally and physically.

That video was the tail end ofone scene that had been going on for what felt like hours.
Those few rioters were some of the last that we cleared ji·om that area, and the one rioter
in particular, did voice to the crowd multiple times in an attempt to "assist" the police
with getting eve,yone out. While the smallest part ofme was "tltanli.ful" that he could
verbally get through to the crowd to leave and help the police, the rest of me believed that
this a* *hole was just as guilty and at fault for that day as the rest of them. There was
definitely no "friends" moment between him and me.

I cannot take back what happened in that short clip and I /mow what it appears to
look like and how that impacts the Department, the Congress, and the coun/ly.
But in that second, getting those rioters out of the building and keeping the rest of
us as safe as possible was the #1 goal, while also securing our section so no one
else could penetrate the building and cause further destruction." (Exhibit #4)

Conclusion(s):

1. The allegation that Lieutenant violated USCP Directive 2053.013 Rules of

Conduct, Category C: Detrimental Conduct, Rule Cl: Conduct Unbecoming, be
classified as EXONERATED. Rule Cl states: "Employees will conduct themselves at all
times, both on and offduty, in such a manner as to reflect favorably on the Department.
Conduct Unbecoming will include that which brings the Department into disrepute or
reflects discredit upon the employee as a member of the Department; impairs the
operation or efficiency of the Department or the employee; and is prejudicial to the
replltation and good order of the Department. " (Exhibit #5)

- did not impair the efficiency or operation of the Department. Contrarily,- responded
to the Capitol Building and fonnulated a plan to prevent further access of unauthorized people
who had breached the doors. - testified he was able to fonn a blockade of officers after
additional resources responded to the scene. At the time of the short clip ofvideo, - was
hesitant when he slightly extended his elbow at an individual who had shaken the hand of
another officer and offered his hand to- -did not bring the Department into
disrepute or reflect negatively upon himself as a member of USCP by his actions. - main
concern was ensuring the safety of the officers and to prevent further destruction.

2. That this investigation be Closed.

CAPD_000000738
 4 Case# OPR 21-0194

Exhibits:

1. Email from - to Shaffer, dated 1/14/21

2. Instagram video, dated 1/6/21
3. Audio from interview of Lieutenant dated 1115/21
4. Statement from Lieutenant dated 1/15/21
5. USCP Directive 2053.013 Rules of Conduct, effective 11/19/12

Prior Complaints:

A review of the Officer of Prof~ onsibility (QPR) records revealed the following
prior cases against Lieutenant -

Case# Allegation Disposition Penalty

10-130 Courtesy Resolved NIA

11-138 Conduct Unbecoming Not Sustained NIA

A review of the Officer of Professional R~ OPR) records revealed the following

Command Discipline against Lieutenant -

12/3/10 Compliance with Directives Sustained CP-534 Warning

Other Matters:

None.

Recommendations:

This report be APPROVED and the case CLOSED.

CAPD_000000739
 5 Case# QPR 21-019

Authorizing Officials:

Investigating Official: Concur:

~ y M. Miller
rv- ~ -te.e:C?
Lieutenant Brandy Pringle
Investigator Assistant Commander
Office of Professional Responsibility Office of Professional Responsibility

Approved:

~
0

Inspector Michael
Commander
D. sf~ -
Office of Professional Responsibility Date Approved: --~--4-J_,
{:.J
_I_,_/_~_\"'-----
t

CAPD_000000740
From:
Sent: Thursday, January 14, 202110:41 PM
To: Shaffer, Michael D. <
Pittman, Yogananda D. <
Subject:

FYI. This video was sent to me. Passing along for your awareness Mike. It appears to show Lt
- shaking hands, elbow bumping with the rioters. There is another officer who does the
same, but he's in hard gear.

b,Hps:/lwww.instagram.com/p/CJ4MmosC4P1{?1:g6hlda14ze.zrczj8ai7

Acting Assistant Chief of Police

Protective and Intelligence Operations
United States Capitol Police

www.USCP.gov

EXHIBIT

CAPD_000000741
• OFFICIALSTATEMENT

I, Lieutenan- have been advised that I am required to provide a truthful

statement re~ cial investigation. I make this statement to Sergeant -
who has identified herself as conducting an official investigation.

My actions in the short video footage, provided by Sgt.lllllllwere an attempt to

continue to remove rioters out of that area of the U.S. Capitol Building as quickly as
possible, without any further hazard to the officers in that specific hallway. While the
video might appear to show me sympathizing or being friendly with a certain rioter(s), I
can assure you that it was the complete opposite. It was merely an attempt to keep the
scene under control as much as possible until we could secure the door and that specific
area. We were severely outnumbered and it was a split second decision to try and not add
fuel to the fire. "We just needed to get them out ASAP and secure this area" is what I was
thinking at that second.

The amount of officers in that video was far more than what we had in that area when I
first arrived on scene. It took us a very long time to get more officers to the area so we
could form a perimeter and attempt to push the crowd of thousands back out the small,
broken fire exit door. The rioters knew they outnumbered us and made it clear thnt they
outnumbered us, even as they were leaving the building. I, along with many other
officers, had nlrendy been through hell that day, both mentally and physically.

That video was the tail end of one scene that had been going on for what felt like hours.
Those few rioters were some of the last that we cleared from that area, and the one rioter
in particular, did voice to the crowd multiple times in an attempt to 0 assist" the police
with getting everyone out. While the smallest part of me was "thankful" that he could
verbally get through to the crowd to leave and help the police, the rest of me believed that
this a.. hole was just as guilty and at fault for that day as the rest of them. There was
definitely no ..friends" moment between him and me.

I cannot talce back what happened in that short clip and I know what it appears to look
like and how that impacts the Department, the Congress, and the country. But in that
second, getting those rioters out of the building and keeping the rest ofus as safe as
possible was the #1 goal, while also securing our section so no one else could penetrate
the building and cause further destruction.

8 y my signature below, I acknowledge that I have read und understood my statement consisting of this
page and _ O_ _ other pages. I have made all the changes and corrections I desire to make.

----~~-+-r--¥-.. . . . IBIT
L{
CAPD_000000742
 2053.013

II
I
az
-- Rules of Conduct
Directive#-. 2053.013 Effective Date: 11/19/2012
iz Initialing Untt: Office of Professional Review Date: 11/19/2013
:, Responsibility
CALEA: 1.2.7, 11.3,1, 11 .3.2,
12.1.3, 26.1.1, 26.1.3,
26.1.4, 26.1.5

39 Rule C3: Possession and/or Use of Drugs or a

1 Contents 40 Controlled Substance ........................................... 5
41 Rule C4: Use of Alcohol ....................................... 5
2 Authority and Coverage ..................•............................ 1 42 Rule C5: Use of Tobacco ..................................... 5
3 Definltion(s) .................................................................. 2 43 Rule CS: Gifts, Gratuities, Bribes, or Rewards .....6
4 General Policy .............................................................. 2 44 Rule C7: Improper Associations ........................... 6
5 Responsibilities/Procedures .........................................2 45 Rule ca: Gambling ............................................... 6
6 Category A-Duty to Obey ........................................ 2 46 Rule C9: Communications with Criminals ............ 6
7 Rule A1 : Knowledge of Laws and Regulations .... 2 47 Rule C10: Improper Remarks ............................... 6
a Rule A2: Conformance to Laws ............................ 2 48 Rule C11 : Retaliation ............................................ 6
g Rule A3: Compliance with Directives .................... 2 49 Category ~Administrative Responsibilities ............ 6
10 Rule A4: Conflicting Orders .................................. 2 50 Rule 01: Off-Duty Employment.. .......................... 6
11 Rule AS; Improper Orders.....................................2 51 Rule D2: Telephone .............................................. 6
12 Rule AS: Insubordination ....................•.................3 52 Rule D3: Changes in Personal Status .................. 6
13 Rule A7; Truthfulness ........................................... 3 53 Category IS-Miscellaneous ...................................... 6
14 Category B-Performance of Duty ............................ 3 54 Rule E1: Abuse of Process ................................... 6
15 Rule B1 : Unsatisfactory Performance .................. 3 55 Rule E2: Improper lntervention ............................. 6
16 Rule B2: Personal Appearance ............................ 3 56 Rule E3: Work Stoppage ...................................... 7
11 Rule B3: Absence from Duty ................................ 3 57 Rule E4: Dissemination of Information .................7
1a Rule 84: Reporting for Duty .................................. 3 58 Rule E5: Public Statements ..................................7
19 Rule B5: Carrying of Credentials and Identification 59 Rule E6: Public Appearances ............................... 7
20 • • •• • ~• •+•""•• ••• • • t-t • P+4 • +• • ;ti • +4~ ~f • -t,4 • • • •-t- • • •~• • • o ••••• •• r" • •• •• •, , ••• • ••• • .3 60 Rule E7: Testimonials ...........•..•..••.•................•..•.. 7
21 Rule B6: Malingering ............................................ 3 61 Rule ES: Service of Civil Processes ..................... 7
22 Rule B7: Duty Post ............................................... 4 62 Rule E9: Reports .................................................. 7
23 Rule B8: Meals and Other Relief Periods ............. 4 63 Rule E1 O: Compromises ....................................... 7
24 Rule 89: Courtesy ................................................. 4 64 Category F-Supervisors .......................................... 7
25 Rule 810: Neglect of Duty .................................... 4 65 Rule F1: Subordinate Compliance .•...................... 7
26 Rule 811 : Use of Property and Services, and 66 Rule F2: Subordinate Discipline ........................... 7
27 Inspection of Equipment and Facilities .................4 67 Rule F3: Subordinate Performance ...................... 7
28 Rule 812: Operating Vehicles ..............................4 68 Rule F4: Subordinate Failures .............................. 8
29 Rule B13: Use of Force ........................................4 69 Additional Information .................................................. 8
30 Rule 814: Use of Weapons ............................... ..4 70 Exemptions ................. ........ .... ... ... .. ... ..... .................. 8
31 Rule B15: Arrest, Search, and Seizure .................4 11 Cancellation ................................................................. 8
32 Rule 816: Treatment of Persons in Custody ........ 4 72 Appendices ........... .......................................................8
33 Rule B17: Property and Evidence ....................... .4 73
34 Rule 818: Court Appearances .............................. 5
35 Rule 819: Response to Calls ................................5
36 Category C-Detrimental Conduct ............................ 5 74 Authority ond Coverage
37 Rule C1 : Conduct Unbecomlng ............................5
38 Rule C2: Discrimination and/or Harassment ........ 5 75
76
The Chief of Police serves as the chief executive
officer of the United States Capitol (USCP) and tice
, _ Eofo,cemeat Se,sHN, XJ;ilBJT
CAPD_000000743