METROPOLITAN POLICE DEPARTMENT

Internal Affairs Bureau

Internal Affairs Division

MEMORANDUM

TO: Assistant Chief of Police[J ~l\»U?4

Internal Affairs Bureau · ~
I \ 5/10/2021

THRU: Inspector
Internal Affairs Division

THRU: Captain
Internal Affairs Division

THRU: Lieutenant
Internal Affairs Division ~~~ c2&~ 51a12021

DATE: May 8, 2021

SUBJECT: Final Investigation Regarding the Use of Force (ECO) by Sergeant Daniel
Thau of the Special Operations Division on January 6, 2021, 15# 21-
000048, IAD# 21-016, IAB# X-ECD-21-029, CCN 21-002-555.

Chronological Narrative

On Wednesday, January 6, 2021, Sergeant Daniel Thau of the of the Homeland

Security Bureau, Special Operations Division (HSB/SOD) was working the evening tour
of duty, in full uniform, equipped with a Body Worn Camera (BWC), and TASER X2
Electronic Control Device (ECO) Serial #X3000572T. Sergeant Thau was prepositioned
at the intersection of Third Street and Constitution Avenue, Northwest, with Lieutenant
Ronald Wilkins, Captain Daniel Harrington, Commander Robert Glover 1 and CDU 64.
The assembled MPD CDU units were in a crowd control posture and not deployed to
the U.S. Capitol. At approximately 13:00 hours, Commander Glover, the incident
commander for the day's events, received a telephone call from Assistant Chief of
Police Jeffery Carroll , directing him to deploy the MPD CDU under mutual aid to assist
the United States Capitol Police (USCP) with a riotous crowd which had gotten out of
control on the U.S. Capitol grounds.

As members of CDU 64 and SOD responded to the west terrace of the U.S. Capitol
they came under attack by riotous crowds who were fighting the USCP by attacking

1 Commander Glover was an Inspector at the time of this incident on January 6, 2021.

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officers with metal barriers that had been used to create the perimeter. CDU 64
members established a line and used reportable force on rioters 2 in an attempt to
restore order to the west terrace. The rioters remained non-compliant and combative.
(1 st BWC 00:11 :56 Thau)

During the ensuing riot, Sergeant Thau was memorialized yelling up to the bleachers,
"We need more fucking munitions."(P1 BWC 00 :12:24 Thau) Sergeant Thau then
stopped an unidentified USCP member and requested blast munitions. The USCP
member responded "I don't have any", and Sergeant Thau sounded concerned stating,
"God damn, we got to get something." (P1 BWC 00:13:20 Thau). Sergeant Thau
stopped an unidentified USCP supervisor and told him, "We need munitions." (1 st BWC
00:13:46 Thau) Members of CDU 64 were observed being assaulted by a group of
males wearing gas masks, Sergeant Thau was observed with his ECO in his right hand
and memorialized footage revealed that he painted the right leg of the subject of force
with his ECO laser. The subject was wearing tan pants, a helmet, goggles and a
Christmas style sweater with a logo that was partially visible and read, "Guns Don't Kill
People, I Do", over what appeared to be body armor. (P1 BWC 00:14:14 Thau)

At 13: 19: 18 hours, Sergeant Thau deployed Cartridge C-1 of his ECO which struck the
unidentified subject of force in the right leg and caused the subject to yell out in pain,
forcing him to blade his body exposing his left leg. (1 st BWC 00:14:14 Thau) The subject
was observed bending over and grabbing a stick with his left hand. Sergeant Thau then
painted the subject's left leg with his ECO laser and deployed Cartridge C-2 at 13:19:21
hours. (1 st BWC 00: 14: 15 Thau) It is unclear if both prongs made contact with the
unknown subject, but is clear that the deployments caused the subject of force pain.
The deployments caused the subject of force to blade his body away from officers, and
to let go of a stick. Sergeant Thau then directed members of CDU 64 to "get him" three
times, but officers were unable to effect his arrest due to the dangerous conditions on
the line. The AXON audit of Sergeant Thau's ECO revealed that both cartridges
deployed for 5 seconds. (Attachment 1) Sergeant Thau notified Commander Glover
that he deployed his ECO twice. (P1 BWC 00:14:28 Thau)

The rioters increased in size and continued their assaultive behavior at the location,
hurling objects at the officers and attempting to gain entry into the U.S. Capitol. The
officers set a cordon, utilizing line formations, metal gate barriers, and voicing loud
verbal commands. In defiance, rioters became assaultive to CDU 64 officers and
accompanying USCP officers by attempting to breach the perimeter, assaulting officers,
and not adhering to their commands.

At approximately 1322 hours, Sergeant Thau approached Sergeant Ricardo Minier of

the Sixth District who was assigned to CDU 64. Sergeant Minier was working the
evening tour of duty in full police uniform, equipped with a BWC and ECO. Sergeant
Minier had tactically retreated from the line after being pepper sprayed by the riotous
crowd to catch his breath. Sergeant Thau stated "give me your fucking taser", and
retrieved Sergeant Minier's ECO, (Serial #X30004MPK) out of its holster on the left side

2 Investigated under Incident Summary (IS #'s) 21-000049

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of Sergeant Minier's vest. Sergeant Thau then walked back towards the riotous crowd.
(1 st BWC 00:22:08 Thau)

At 13:23:53 hours, Sergeant Thau, utilizing ECO, (Serial #X30004MPK), deployed

Cartridge C-1 towards a white male clad in black, wearing a tan vest carrier with a radio
attached, and a black helmet. The deployment took effect and the male yelled out in
apparent pain and fell to the ground, while Sergeant Thau gave the command to "get
back." (1 st BWC 00:22:18 Thau) It is unknown if both prongs took effect but the
deployment lasted one second. While the subject of force was on the ground, an
unknown white male in a gas mask who was observed assaulting officers during
Sergeant Thau's earlier ECO deployment, was observed taking what appeared to be
ECO prongs out of the right thigh of the unknown male subject of force. (1 st BWC
00:22:29 Thau) The unknown male was not taken into custody. Sergeant Thau then
notified Lieutenant Jason Bagshaw and Commander Glover that he had three ECO
deployments and was in possession of another ECO. (P1 BWC 00:23:12 Thau)

At 13:25:52 and 13:25:58 hours, Sergeant Thau, utilizing ECO, Serial #X30004MPK,
attempted to deploy Cartridge C-2 at an unknown white male rioter who was dressed in
camouflage pants and a black hoodie. The rioter was armed with a large wooden pole
and was observed making aggressive moves towards the police line that was
attempting to move rioters back. (P1 BWC 00:23:37- 00:24:29 Thau). Sergeant Minier's
ECD's second cartridge appeared to malfunction and the AXON ECO audit report
showed that the C-2 bay where the second cartridge was housed was empty.
Additionally, the audit reflects Sergeant Thau's second trigger activation energized the
leads from C-1 for 5 seconds and one second respectively. Sergeant Thau attempted to
correct the malfunction and received an electrical shock when his hand got within the
grooved side panels near the cartridge bays. (Attachment 2)

Sergeant Thau was observed scuffling with the unknown male with the pole after his
ECO failed to deploy. The male was observed holding his wooden pole in an aggressive
fighting stance with the pole raised over his head in the direction of officers. During the
scuffle, Sergeant Thau dropped Sergeant Minier's ECO on the ground. The unknown
male dropped the wooden pole. Sergeant Thau immediately recovered the wooden
pole. Sergeant Paul Riley who was dressed in full police uniform and BWC equipped
managed to kick Sergeant Minier's ECO back to the police line. (1 st BWC 00:24:29
Thau). An unknown member of the USCP returned Sergeant Minier's ECO to Sergeant
Thau. (1 st BWC 00:24:59 Thau)

Afterwards, the rioters grew untenable and breached the U.S. Capitol. Efforts to quell
the riot required Sergeant Thau and other MPD members to respond and assist at the
south end of the perimeter on the west terrace. While at that location, Sergeant Thau
approached Sergeant Richard Geiger of the Third District who was detailed to CDU 33.
Sergeant Geiger was working the evening tour of duty in full uniform, and was equipped
with a BWC and ECO. Sergeant Thau retrieved Sergeant Geiger's ECO, (Serial
#X30004N13) at 1534 hours. (2 nd BWC 00:02:21 Thau)

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At 15:40:563 hours Sergeant Thau deployed Cartridge C-1 at a rioter who was dressed
in dark pants, a tan backpack and dark coat. The deployment wasn't visible, and it is
unknown if the probes made contact with him. After the deployment the rioter appeared
to be holding the leads from Cartridge C-1 in his left hand. This deployment lasted five
seconds. (3 rd BWC 00:02:07 Thau) Sergeant Thau responded to another scene on the
steps of the west terrace where a rioter was actively assaulting an MPD member.
Sergeant Thau's BWC footage memorialized a white male in tan pants wearing a black
shirt who had a hold of a member's right leg, pinning him to the stairs in an apparent
wrestling hold. Sergeant Thau deployed Cartridge C-2 at 15:41: 11 hours from the ECO
in the direction of the actively assaultive rioter. It appeared the prongs hit the subject of
force on the right flank of his body. The rioter appeared to go limp as neuromuscular
incapacitation (NMI) set in, and he rolled off of the member he was assaulting. This
deployment lasted 5 seconds. (3 rd BWC 00:02:21-00:02:25) Sergeant Thau notified
Lieutenant Andrew Haros and Commander Glover of his deployments. (Attachment 3)

At approximately 15:44 hours, Sergeant Thau approached Sergeant Christian Tobe of

the Third District who was in full police uniform and equipped with a BWC and ECO.
Sergeant Thau stated to Sergeant Tobe, "Are you going to taze someone Tobe? Then
give me your fuckin taser." Sergeant Tobe gave Sergeant Thau his ECO, however
Sergeant Thau didn't deploy the ECO, and returned it back to Sergeant Tobe less than
a minute later.( 3rd BWC 00:03:47 -00:04:05 Thau)

There was no evidence available in the MPD records showing that any of the subjects
of force were identified or requested medical assistance in relation to Sergeant Thau's
uses of force (ECO).

On January 6, 2021, Agent William Lyke of the IAD generated IS# 21-000048 in
reference to Sergeant Thau's ECO deployments. (Attachment 4)

Captain Sean Conboy of the Joint Strategic and Tactical Analysis Command Center
(JSTACC) provided Agent Lyke with the Joint Operations Command Center (JOCC)
close out report for January 6, 2021. (Attachment 5)

On January 11, 2021, Agent Lyke completed the preliminary report 901 (b) in this matter.
(Attachment 6)

On April 15, 2021, Lieutenant Ashley Archer of the Metropolitan Police Academy (MPA)
provided Agent MacDonald with a copy of the MPA Curriculum Review pertaining to this
matter. (Attachment 7)

On May 4, 2021, Sergeant Thau corrected and resubmitted his Force Incident Report
(FIR). (Attachment 8)

3 There is an approximately IO-second discrepancy between the times logged by Sgt. Thau's
BWC (real-time counter visible in video) and the recorded times of deployment logged by
Sergeant Geiger's ECD).

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Lead Investigator

On January 7, 2021, Agent Maurice Macdonald of the IAD was assigned as the lead
investigator for this use of force investigation under the direction of Lieutenant Craig
Solgat.

Involved Members

Sergeant Daniel Thau

Badge S0580
CAD 9062
Duty & Uniform Status: On Duty and in full uniform
Personal Information: White Male, 36 years old
Height: 5 feet 8 inches
Weight: 170Ibs
Assignment: SOD Air Support Unit
Appointed to MPD: May 11, 2009, 12 year member
ASP Equipped: Yes
OC Spray Equipped: Yes
Body Armor Equipped: Yes
ECO Equipped: Yes
Injuries: None Reported
Employee Assistance Program: None
Fraternal Order of Police: No
Attorney Involvement: None
Current Duty Status: Full
Impairment: None
FIR: Yes
ECO Recertification: July 13, 2020

Subjects of Force

None of the subjects of force were identified or arrested due to the ongoing riotous
activity on the west terrace of the U.S. Capitol. None of the subjects of force made
themselves known to police or asked for medical assistance.

Description of Scene

The scene occurred on the upper west terrace of the U.S. Capitol, which is a Federal
Government Complex which carries the address of the Unit Block of First Street,
Southeast, 20515. The temperature was 40° Fahrenheit, and the skies were cloudy.

Witness Canvass

None conducted due to the active riot scene.

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Subjects of Force Statements

The subjects of force were not identified and therefore, no statements were obtained.

Involved Member Statements

Sergeant Daniel Thau SOD/Air Support Unit

On Mach 30, 2021, Agent Maurice MacDonald of the Internal Affairs Division (IAD)
conducted an interview with Sergeant Daniel Thau of the SOD/ASU in reference to
Incident Summary Number (IS#) 21-000048. Sergeant Thau was identified as a target in
this administrative investigation, and chose not to be represented in this interview.
Below is a brief summary of Sergeant Thau's interview.

On January 6, 2021, Sergeant Thau was assigned to the Domestic Security Office
(DSO) and was scheduled to work the evening tour of duty, monitoring D.C. public
space after the Trump rally which was occurring on the National Mall Ellipse. Sergeant
Thau stated that he had worked the previous night into the early morning hours of the
6th , and had decided to rest at work in order be prepared for his evenings tour on the 6 th .
Sergeant Thau stated that when he woke up, he started to watch the news and
immediately knew from the crowd size and the rhetoric at the "Stop the Steal Rally", that
there was going to be problems at the U.S. Capitol. Sergeant Thau stated that he is the
Air Support Sergeant and after watching events unfold on the news, he started to
coordinate with the MPD's federal partners in reference to gaining access to air space
around the Capitol. Sergeant Thau stated the MPD needed permission to acquire the
ability for aerial observation. Sergeant Thau stated that the MPD was not deployed to
the U.S. Capitol, and that our CDU units were in a regular crowd control posture for
normal large events.

Sergeant Thau stated that he was at Third and Constitution, Northwest, at

approximately 13:00 hours with Lieutenant Ronald Wilkins, Captain Daniel Harrington
and Commander Robert Glover when Assistant Chief of Police Jeffery Carroll relayed to
Commander Glover that the U.S. Capitol Police (USCP) requested the MPD's
assistance. Sergeant Thau stated that he knew the Congress was in a joint session and
that the Vice President was present in the Capitol.

Sergeant Thau stated that he responded to the U.S. Capitol and parked on the
southwest side behind the botanical gardens and began walking northbound towards
the west terrace. Sergeant Thau stated that he was met by the USCP and formed a
hasty police line on the west lawn and realized that he was about to be engaged in
something he had never experienced before. Sergeant Thau stated that the only special
weapon he was armed with was an MK9 OC dispenser which held 9 ounces of OC
spray. Sergeant Thau stated the crowd was riotous and violent, and he utilized all of the
MK9 quickly. Sergeant Thau identified the rioters as insurrectionists and stated that as
the day wore on, he realized that MPD munitions were not working on this crowd due to
wind conditions and the insurrectionists' sheer determination. Due to this observation,

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and after all of the riot munitions were exhausted, Sergeant Thau decided to utilize his
issued ECO.

Sergeant Thau stated that the police line had already been pushed back from the
bottom terrace, and the MPD and USCP were holding a line that guarded the last steps
to the Capitol Rotunda. (1 st BWC 14: 13 Thau) Sergeant Thau stated that he believed
the joint session of Congress and Vice President were still possibly in the Capitol at this
time. Sergeant Thau stated that he was afraid that if his line broke the insurrectionists
would only have to go about one hundred feet to get to the members of Congress and
the Vice President. Sergeant Thau stated that the insurrectionists were armed with ASP
batons, poles, pitch forks, and they threw spear like objects, and metal t-connectors
from the scaffolding at members. Sergeant Thau stated he had never seen or
experienced violence of this magnitude, and that the insurrectionists were hell bent on
their objective. Sergeant Thau stated he deployed his first two ECO cartridges at
persons that were charging the police line with metal bike racks . Sergeant Thau stated
that he deployed at a male who was wearing what appeared to be body armor, and a
hip arrangement of weapons. Sergeant Thau stated that he targeted the insurrectionist's
legs and the deployment took effect and stopped the individual. Sergeant Thau stated
that he was targeting the lower extremities which he realized wouldn't give the best
spread for neuromuscular interference (NMI), but most of the insurrectionists were clad
in protective gear. Sergeant Thau further stated that the ECO deployment was the first
effective measure he had seen that day, and that the ECD's use evoked a psychological
stoppage to the crowd surge. Sergeant Thau stated that he was sure that at least one of
the cartridges took effect. Sergeant Thau stated that he notified Commander Glover of
his ECO deployment.

Agent MacDonald asked Sergeant Thau to explain what was happening when he asked
the USCP for munitions, and stated "we're going to get over run." (1 st BWC 16:54 Thau)
Sergeant Thau stated that he was afraid that police officers were going to get beaten to
death, and the crowds were going to gain full access to the Capitol. Agent MacDonald
asked Sergeant Thau to explain what was happening when he stated "we're going to
lose it, we're going to fucking lose it", as his BWC captured a large quantity of blood on
the Capitol terrace. (1s t BWC 17:00 Thau) Sergeant Thau stated that he was afraid for
the first time in his career that the CDU was going to be overrun, encircled and severely
injured.

Sergeant Thau acknowledged that he approached Sergeant Ricardo Minier and stated
"give me your fucking taser" as he pulled Sergeant Minier's ECO off the left side of his
vest carrier. (1 st BWC 22:05 Thau) Sergeant Thau stated that he did this because the
last deployment of the ECO halted the insurrectionists. Sergeant Thau articulated that
he was in the mindset that he had to maintain the line so it wasn't over-run resulting in
officers being trampled and beaten. Sergeant Thau stated again that the ECO was the
only tool available that was working and giving relief to the officers on the line. Sergeant
Thau stated that due to his training and experience in CDU operations and not being
assigned to a certain area, he was able to grasp the whole "field" of what was occurring
on the west terrace and believed that ECO deployments were necessary. Sergeant

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Thau further stated that he had utilized all of the munitions the MPD maintains but never
an ECO. Sergeant Thau was surprised at how effective the ECO was in a CDU
situation.

Sergeant Thau acknowledged that he deployed Sergeant Minier's ECO at a male on the
stairs of the west terrace who was wearing a tan vest carrier and helmet.( 1st BWC 22: 18
Thau) Sergeant Thau stated the male was actively assaultive and that the deployment
knocked the male down but he got back up after being warned to "get back" and
Sergeant Thau believed he got back into the fight. Sergeant Thau stated that he
notified Lieutenant Jason Bagshaw and Commander Glover that he had deployed the
ECO.

Sergeant Thau acknowledged that he attempted to deploy the second cartridge of

Sergeant Minier's ECO. (1 st BWC 24:17 Thau) against a white male wearing
camouflage pants, a black hoodie and carrying a wooden pole. Sergeant Thau stated
that he recalled pulling the trigger on the ECO and it not deploying, then he grabbed the
ECO close to the cartridge bay's to check the malfunction and shocked himself.
Sergeant Thau acknowledged that the second cartridge did not deploy from Sergeant
Minier's ECO. Agent MacDonald asked Sergeant Thau to account for how Sergeant
Minier's ECO got knocked to the ground. Sergeant Thau stated that there was a male
swinging a large pole and he wasn't sure if he was hit by the pole or if an individual he
was wrestling with had knocked it to the ground. Sergeant Thau stated that the line
officers were able to pull him back to the police line.

Sergeant Thau acknowledged that he exchanged ECD's with Sergeant Richard Geiger
of the Third District. (2 nd BWC 2:21 Thau) Sergeant Thau stated that he swapped ECD's
with Sergeant Geiger because the ECD's were so effective, Sergeant Thau reiterated
that the MPD was out of munitions and that the ECO was the best option available to
him at the time to keep officers safe.

Sergeant Thau acknowledged that he deployed the first cartridge of Sergeant Geiger's
ECO. Sergeant Thau stated that there was a crowd surge, and the crowd was armed
with blunt objects and being violent towards officers. The ECO was deployed towards a
hostile individual in the crowd to prevent any overrunning, gain control and make an
area of deniability again to deny the insurrectionists' access to the Capitol. Sergeant
Thau did not remember if this deployment took effect. Sergeant Thau acknowledged
deploying the second cartridge from Sergeant Geiger's ECO at a white male in tan
pants and a black shirt. Sergeant Thau stated that the deployment took effect, and the
male was pulled back into the crowd and he lost sight of him. Sergeant Thau notified
Lieutenant Andrew Horos and the dispatcher that he had two more ECO deployments.

Sergeant Thau acknowledged that he understood the MPD ECO policy and reiterated
that all of his deployments were against actively assaultive individuals. Sergeant Thau
also stated that none of the individuals he deployed his EC D's on were identified or
requested medical attention.

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Sergeant Thau acknowledged that he then approached Sergeant Christian Tobe of the
Third District and stated "are you going to taser someone Tobe? Then give me your
fucking taser." Sergeant Thau acknowledged that this was the fourth ECO he had that
day. Sergeant Thau stated that he needed the ECO because he had observed a male
"goose stepping" on an elevated position with an ASP baton. Sergeant Thau
acknowledged that he was prohibited from utilizing his ECO on a person who was on an
elevated position but stated that if the male started striking members in the head with
his ASP baton he would have deployed the ECO. Sergeant Thau did not have any
further ECO deployments on January 6, 2021.

Sergeant Daniel Thau/ Supplemental SOD/DSO

On May 4, 2021, Agent Maurice MacDonald of the Internal Affairs Division (IAD)
conducted a supplemental interview with Sergeant Daniel Thau in reference to Incident
Summary Number (IS#) 21-000048. Sergeant Thau was identified as a target in this
administrative investigation, and chose not to be represented in this interview. Below is
a brief summary of Sergeant Thau's supplemental interview.

Agent MacDonald conducted a follow-up interview with Sergeant Thau in reference to

Sergeant Thau failing to perform a pre-shift ECO arc test prior to taking his assignment
on January 6, 2021. Sergeant Thau acknowledged that he failed to perform the test per
policy on his ECO. (Attachment 9)

Police Witness Statements

Commander Robert Glover SOD

On March 31, 2021, Agent Maurice MacDonald of the Internal Affairs Division (IAD)
conducted an interview with Commander Robert Glover of the Special Operations
Division (SOD) in reference to Incident Summary Number (IS#) 21-000048.
Commander Glover was identified as a witness in this administrative investigation.
Below is a brief summary of Commander Glover's interview.

Commander Glover acknowledged that he was given a transcribed copy of his

statement in reference to Incident Summary (IS#) 21-000049 to review before this
interview was conducted by Agent MacDonald. Commander Glover stated that on
January 6, 2021, the MPD had active CDU units that were specifically responsible for
monitoring activity which occurred on public space within the MPD's jurisdiction, and not
the United States Capitol grounds. Commander Glover acknowledged that he was the
MPD Incident Commander on January 6, 2021, and stated that he came to be at the
U.S. Capitol after receiving a phone call from Assistant Chief of Police Jeffery Carroll
directing the MPD to assist the United States Capitol Police (USCP) with riotous crowds
at the U.S. Capitol.

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Commander Glover stated that Congress was in session during the riot, and that their
session had been interrupted by the riotous crowds. Commander Glover described a
scene of chaos when he and the initial units arrived on the western terrace of the
Capitol. Commander Glover specifically describing rioters who were actively assaulting
and injuring members of law enforcement with all manner of weapons, while clad in
military style protective gear to include helmets. Commander Glover stated that the
MPD DSO units had utilized all of their less than lethal munition options and that he had
been granted the authority to utilize CS gas on the riotous crowds. Commander Glover
stated that due to the direction of the wind, the mechanical wind generated off the
Capitol building coupled with the density of the crowd, and their protective gear, the
munitions had little effect.

Commander Glover acknowledged that Sergeant Daniel Thau who was assigned to the
DSO on January 6th , advised him on numerous occasions that he had utilized ECD's on
rioters. Commander Glover was asked if he felt Sergeant Thau 's use of the ECD's were
reasonable. Commander Glover stated that he believed that Sergeant Thau's ECO
deployments were reasonable and necessary to hold the police line on the western
terrace. Commander Glover stated that he feared if the police line was broken by the
rioters that members of Congress and the Vice-President of the United States who was
present in the building were in danger.

Commander Glover acknowledged that this crowd was riotous and violent and were
actively assaulting members of law enforcement. (Attachment 10)

Sergeant Ricardo Minier Sixth District

On April 9, 2021, Agent Maurice MacDonald of the Internal Affairs Division (IAD)
conducted an interview with Sergeant Ricardo Minier of the Sixth District (6D) in
reference to Incident Summary Number (IS#) 21-000048. Sergeant Minier was identified
as a witness in this administrative investigation, and chose not to be represented in this
interview. Below is a brief summary of Sergeant Minier's interview.

On January 6, 2021, Sergeant Minier was assigned to squad four (4) of CDU 64, and
was positioned in the 600 block of Pennsylvania Avenue, Northeast, monitoring crowd
activity from President Donald Trump's rally. Sergeant Minier stated that during the rally,
President Trump encouraged his supporters to go to the U.S. Capitol.

Sergeant Minier stated that MPD units were called to assist at the U.S. Capitol, and his
platoon was one on the first units to arrive because they were only four blocks away.
Sergeant Minier stated that once he arrived on the west terrace of the U.S. Capitol, the
scene was chaotic. Sergeant Minier stated that people were all over the place;
overrunning the Capitol Police. Sergeant Minier stated the riotous crowd was assaultive
and aggressive, and picked up metal barriers that his squad tried to put in place, and
threw them at officers. Sergeant Minier acknowledged that Congress was in session
during this time, and the rioters were attempting to break into the Capitol building and

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disrupt proceedings. Sergeant Minier stated the crowd was armed with various weapons
to include pepper spray, and were actively assaulting and spraying the officers.
Sergeant Minier acknowledged that the conduct of the rioters could have caused death
or serious bodily injury to citizens, and members of law enforcement.

Sergeant Minier stated that the MPD units were vastly outnumbered by the rioters, and
he was pepper sprayed by rioters in the crowd. Sergeant Minier stated that he retreated
briefly to try and get some air and acknowledged that this is when Sergeant Daniel Thau
of the DSO took possession of his ECO from his vest carrier. Sergeant Minier stated
that SOD, DSO are the most experienced MPD members when it comes to mass
gatherings and CDU deployments and have more experience dealing with these
situations than district patrol sergeants.

Sergeant Minier stated that he followed Sergeant Thau after Sergeant Thau acquired
his ECO, but stated that he didn't observe him deploy his ECO. Sergeant Minier stated
that he understood that an ECO can only be used on assaultive persons, and that he
felt that the use of an ECO in that situation was reasonable. Sergeant Minier also stated
that he was unsure of how effective an ECO would have been in that particular situation
because the members were so outnumbered. (Attachment 11)

Sergeant Richard Geiger Third District

On April 9, 2021, Agent Maurice MacDonald of the Internal Affairs Division (IAD)
conducted an interview with Sergeant Richard Geiger of the Third District (3D) in
reference to Incident Summary Number (IS#) 21-000048. Sergeant Geiger was
identified as a witness in this administrative investigation, and chose not to be
represented in this interview. Below is a brief summary of Sergeant Geiger's interview.

On January 6, 2021, Sergeant Geiger was assigned to CDU 33, squad four (4).
Sergeant Geiger stated that his squad was prepositioned at a local hotel when they
heard Commander Glover call a 10-33, stating the U.S. Capitol had been breached.
Sergeant Geiger stated that his squad responded to First Street and Constitution
Avenue, Northeast, where they met with a CDU squad from the Sixth District. Sergeant
Geiger stated the two squads then proceeded to the west terrace of the U.S. Capitol.

Sergeant Geiger stated that once on the Capitol grounds, he observed a riotous crowd
that was actively assaulting law enforcement officers. Sergeant Geiger acknowledged
that the violence he observed by the rioters could have resulted in the death or serious
bodily injury to police officers or members of the public.

Sergeant Geiger explained that the west terrace the CDU line facing the Washington
Monument was under attack from rioters. Sergeant Geiger stated that Sergeant Daniel
Thau of DSO was monitoring this CDU line. Sergeant Geiger stated that he walked over
to this area to see if he could help and he met with Sergeant Thau of DSO. Sergeant
Geiger acknowledged that Sergeant Thau requested his ECO. Sergeant Geiger stated
that he knew Sergeant Thau was ECO trained and a member of SOD. Sergeant Geiger

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stated that members of SOD received more advanced training in weapons systems than
he did. Sergeant Geiger acknowledged that the MPD ECO policy does not preclude two
trained members from exchanging ECDs with each other.

Sergeant Geiger did not recall observing Sergeant Thau deploy his ECO. Sergeant
Geiger stated that MPD policy dictates that a member must observe assaultive behavior
directed at law enforcement or others before an ECO can be utilized. Sergeant Geiger
stated the crowd was very violent and he believes that Sergeant Thau's deployment of
his ECO was reasonable and within policy. (Attachment 12)

Civilian Witness Statements

There are no civilian witness statements at this time.

Physical Evidence Section

Three AXON ECO audit reports were generated for the following ECD's:

Sergeant Daniel Thau's ECO Information: (See Attachment 1)

Model: TASERX2
Serial: X3000572T
Health: Good
Armed: 13:19:16
Trigger: 13:19:18 (C1: Deployed)
Trigger: 13:19:21 (C2: Deployed)
Safe: 13:20:08 (C1, C2: Deployed)

Sergeant Ricardo Minier's ECO Information: (See Attachment 2)

Model: TASERX2
Serial: X30004MPK
Health: Good
Armed: 13:23:43
Trigger: 13:23:53 (C-1: Deployed)
Safe: 13:23:55 (C-1: Deployed, C2: 25' Standard)
Armed: 13:24:37 (C-1: Deployed, C2: Empty)
Trigger: 13:25:52 (C-1: Deployed)
Trigger: 13:25:58 (C-1: Deployed)
Safe: 13:26:09 (C-1: Deployed, C-2: Empty)
Armed: 13:26:06 (C-1: Deployed, C-2: 25' Standard)
Safe: 13:26:09 (C-1: Deployed, C-2: 25' Standard)

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Sergeant Richard Geiger's ECO Information: (See Attachment 3)

Model: TASERX2
Serial: X30004N13
Health: Good
Armed: 15:33:18
Safe: 15:33:19
Armed: 15:40:59
Trigger: 15:41 :06 (C-1: Deployed)
Trigger: 15:41 :22 (C-2: Deployed)
Safe: 15:41:36

Body Worn Camera Footage

(Attachment 13)

Body Worn Camera Review:

Body Worn Camera (BWC) videos memorialized by members who were on the scene of
this incident were reviewed, and a synopsis of these videos are summarized as follows:
The noted times indicate the counter time and not actual time.

Sergeant Thau captured eleven BWC videos referencing the events at the U.S. Capitol
on January 6, 2021. Only three (3) have probative value relating to these ECO
deployments:

Sergeant Thau's First BWC video started at 13:02 hours and lasted one hour and fifty
four minutes.

00:11 :56 Sergeant Thau and other CDU-64 Officers have pushed attacking rioters
back and have given multiple verbal commands to get back. Sergeant
Thau assisted by pushing officers from the back to increase stability.

00:12:24 Sergeant Thau warned an officer of objects being hurled and gates being
destroyed.

00:12:37 Sergeant Thau stated to an unknown member, "we need more fucking
munitions."

00:13:20 Sergeant Thau asked an unknown member of the USCP for blast
munitions, and the member stated "I don't have any." Sergeant Thau
sounded concerned, stating "God damn, we gotta get something."

00:13:46 Sergeant Thau stopped an unknown USCP supervisor and told him "we
need munitions."

CAPD_000000923
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00:14:14 Officers engaged with protestors being assaultive. Sergeant Thau

deployed his ECO at a subject wearing tan pants, a helmet, and a
Christmas style sweater over what appeared to be body armor. ECO laser
can be observed on subject of forces right leg.

00:14:15 The subject of force bladed his body towards Sergeant Thau exposing his
left thigh, Sergeant Thau's ECO laser is observed painting the unidentified
male subject of force, left thigh, as the subject of force grabbed a hold of a
stick with an American flag from another rioter who was on the ground.
Sergeant Thau deployed his second ECO cartridge at the individual.

00:14:20 Sergeant Thau gives the command to "get him" x3, after the ECO
deployment.

00:14:28 Sergeant Thau made notification of two (2) ECO deployments to

Commander Robert Glover.

00:14:53 Sergeant Thau stated "I'm dropping the cartridges", and was observed
ejecting spent cartridges from his ECO.

00:15:05 Sergeant Thau notified Commander Glover that he was out of munitions.

00:15:21 Sergeant Thau notified unknown member of USCP, "hey capitol, we need
munitions bad!"

00:16:03 Sergeant Thau stated, "I'm out of ECO's, I'm out of everything."

00:16:54 Sergeant Thau asked USCP for munitions again, stating "we're going to
get overrun."

00:17:00 Sergeant Thau stated "we're going to lose it, we're going to fucking lose it"
as his BWC captured a large quantity of blood on the Capitol terrace.

00:17:18 Sergeant Thau stated "Hey Borski that was my ECO deployment for the
record, ok?"

00:18:53 Sergeant Thau advised, "heavy bricks, god damn it."

00:20:55 Protestors have engaged officers in direct assaults, have not adhered to
verbal commands, and attempted to breach the perimeter.

00:21 :08 Sergeant Thau notified Officer Tara Tindall that he was out.

00:22:05 Sergeant Thau stated "give me your fucking taser" to Sergeant Ricardo
Minier.

CAPD_000000924
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00:22:08 Sergeant Thau took Sergeant Minier's ECO from its holster on the left side
of his vest carrier.

00:22:18 Sergeant Thau deployed Sergeant Minier's ECO and struck an unknown
white male in black with tan vest carrier and black helmet. The same
unknown male is observed reacting to the probes and groaning in pain.

00:22:24 Sergeant Thau pointed at the unknown male and gave loud commands to
"get back."

00:22:29 Male in gas mask who was observed fighting the police in Sergeant
Thau 's earlier deployment was observed taking ECO prongs out of the
unknown subject of force's right thigh.

00:22:41 Sergeant Thau advised Officer Tindall that he had another ECO
deployment.

00:23:05 Sergeant Thau notified Lieutenant Bagshaw that he had three ECO
deployments.

00:23:12 Sergeant Thau notified Commander Glover that he had three ECO
deployments and he has another taser.

00:23:37 In response to the crowd becoming increasingly assaultive, Sergeant

Thau organized officers to counter and push back at the half step.

00:24:17 Sergeant Thau attempted another deployment of Sergeant Minier's ECO,

against a white male wearing camouflage pants, a black hoodie and
carrying a wooden pole.

00:24:22 Sergeant Thau touched the energized cartridge and shocked himself.

00:24:24 White male in camouflage pants and black jacket was observed with the
wooden pole drawn back in a combat fighting stance.

00:24:25 White male was observed facing the police line with the wooden pole over
his head.

00:24:25 Sergeant Thau grabbed the unknown males arms which were holding the
pole in an attempt to stop him from striking officers.

00:24:26 An unidentified rioter and Sergeant Thau scuffled over Sergeant Thau's
ECO and it ended up on the ground next to the unknown males wooden
pole.

CAPD_000000925
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00:24:29 Sergeant Paul Riley kicked the ECO back to Sergeant Thau, as Sergeant
Thau recovered the wooden pole. The unknown male was pulled back into
the crowd and disappeared from view.

00:24:56 Sergeant Thau notified Officer Chrisman and Commander Glover that he
got hit with a taser.

00:24:59 Unknown member of USCP returned the ECO to Sergeant Thau.

Sergeant Thau's Second BWC video started at 15:32 hours and lasted seven
minutes and thirty-two seconds.

00:02:21 Sergeant Thau swapped ECOs with Sergeant Richard Geiger.

Sergeant Thau's Third BWC video started at 15:40 hours and lasted twelve
minutes and forty-six seconds.

00:01 :59 ECO visible in Sergeant Thau's hands.

00:02:07 Sergeant Thau BWC was activated and he deployed one cartridge of
Sergeant Geiger's ECO.

00:02:15 Male visible wearing dark colored coat, tan back pack and dark pants
holding ECO leads in his left hand.

00:02:20 An unknown white male wearing tan pants and black shirt visible
assaulting MPO member on steps. MPO member is on their back and the
unknown male is holding the members right leg in a wrestling type hold.

00:02:21 Sergeant Thau deployed second cartridge, towards the unknown white
male wearing tan pants and black shirt. ECO leads visible taking effect on
unknown male's right flank.

00:02:25 NMI takes effect and rioter rolls off the MPO member.

00:02:28 Sergeant Thau stated "taser, taser."

00:02:34 Sergeant Thau dropped the spent cartridge from the ECO.

00:02:48 Sergeant Thau notified Lieutenant Haros that he fired two taser rounds.

00:03:02 Sergeant Thau notified the dispatcher that he deployed "two more ECO
rounds."

00:03:15 Sergeant Thau notified Officer Tindall that he deployed "two more ECO."

CAPD_000000926
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00:03:20 Sergeant Thau notified Commander Glover that he had deployed his ECO
again and Commander Glover responded, "I don't care at this point."

00:03:45 Sergeant Thau approached Sergeant Christian Tobe and stated, "Are you
going to taser somebody Tobe? Then give me your fuckin taser."

00:03:47 Sergeant Tobe gave Sergeant Thau his ECO.

00:04:05 Members engage in a three-way ECO exchange.

OUC Review

The relevant radio transmissions regarding Sergeant Thau's ECO deployments are
captured on this BWC and are noted in the above section. The radio transmission audio
logs are maintained within the IAD files.

Discrepancies and Clarifications

Does MPD policy preclude ECD trained members from utilizing each other's
ECD's?

No. MPD policy states that members must be trained in the use of the ECO and re-
qualify every 12 months to stay current.

Why did Sergeant Thau not give a warning prior to deploying his ECD?

General Order 901.13, Electronic Control Devices Part IV, D, 2, states, "When feasible,
officers shall identify themselves as police officers and issue a verbal warning (i.e.,
"TASER! TASER!") before deploying the ECO or using "drive stun" mode."

It is the investigating agent's belief that due to the riotous situations Sergeant Thau
faced on the west terrace coupled with the volume of noise in the area, that verbal
warnings were not feasible and would not have had an influence on the rioter's actions.

Did Sergeant Minier's ECD malfunction?

Yes. According to the AXON ECO audit report for Sergeant Minier's ECO, Sergeant
Thau's first trigger pull deployed Cartridge C-1 which gave an electrical charge for 1
second. MPD ECD's are pre-programmed to generate 5 seconds of electricity, it
appeared that Sergeant Thau powered down the ECO, 1 second after C-1 deployed,
which can be attributed to stress. This deployment was verified by Sergeant Thau's
BWC footage. When Sergeant Thau armed the ECO again, the ECO read that C- 2 was
empty which is indicative of a cartridge malfunction. Sergeant Thau next confronted a
rioter armed with a pole and attempted to deploy the remaining cartridge physically

CAPD_000000927
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present in his ECO. The ECO failed to deploy C-2, but registered that C-1 was deployed
twice for a total of 6 seconds. The ECO failed to deploy C-2, but it did produce electricity
which arced across the cartridge bay. Sergeant Thau attempted to assess what the
issue was with the ECO and shocked himself with the arcing electricity.

Why did Sergeant Thau not request medical treatment for the un-identified
rioters?

General Order 901.13, Electronic Control Devices Part IV, F, 1, states, "Members shall
request medical assistance in accordance with GO-PCA-502.07 (Medical Treatment
and Hospitalization of Prisoners) for all ECO deployments, whether or not there is an
actual, perceived, or alleged injury.

In reviewing Sergeant Thau's BWC videos of these events, it is evident that once the
ECD's were deployed, the un-identified rioter's fled into the crowd of rioters without
making their identity known. It would have been unreasonable to expect Sergeant Thau
to pursue these subjects into the riotous crowds in an attempt to make lawful arrests,
and identify the subjects . Furthermore, even if Sergeant Thau was able to apprehend
these subjects, a request for immediate medical assistance would not have been
feasible due to the ongoing violent activity. Due to the continued assault, and active riot,
it would be unsafe to have EMS personnel respond to the scene.

Did Sergeant Thau's forceful language towards members of the MPD rise to the
level misconduct?

No. Sergeant Thau did not direct his forceful language towards citizen's, rioters or
members. Sergeant Thau's use of common curse words were used during extremely
stressful situations. Given the unpresented situations that officers encountered that day,
some leeway regarding language should be allowed.

Did Sergeant Thau complete a pre-shift, five second arcing test on January 6,
2021, to ensure his ECD was functioning properly?

No. A review of Sergeant Thau's ECO audit log for January 6, 2021, revealed that he
failed to perform a pre-shift arc test to ensure his ECO was functioning properly.
Sergeant Thau acknowledged that he failed to perform the required arc test.

Why did Sergeant Thau not recover the cartridges, probes, and confetti from his
ECD deployments?

As evident on the memorialized footage of this riot, it would not have been safe or
practicable for Sergeant Thau to secure the crime scenes, and call for the Department
of Forensic Sciences (DFS) to collect the deployed Cartridges, probes and confetti. At
the conclusion of the riotous events, further canvass would have proved ineffective.

CAPD_000000928
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United States Attorney's Office Review

This case was not presented to the United States Attorney's Office (UASO) for a
prosecutorial merit determination.

Curriculum Review

On April 15, 2021, Lieutenant Archer of the MPA provided Agent MacDonald with the
following Curriculum Review in reference to this use of force incident.
(Attachment 7)

Tactical Analysis

Based on the totality of the circumstances, it is the investigating Agent's conclusion that
all of Sergeant Thau's ECO deployments were reasonable and in compliance with MPD
policy.

General Order 901.13, Part IV, D, 1, states: "Members shall only use ECDs when a
subject is at least actively resisting a member's requests or demands and the subject is
engaged in dangerous and assaultive behavior towards themselves, members, or
others."

Sergeant Thau, members of SOD, and CDU 64, were the first MPD members, to arrive
at the west terrace of the U.S. Capitol. The members were requested to assist the
USCP with the riotous crowds attempting to breach the Capitol Complex en masse.
Sergeant Thau's statement, and those of the police witnesses to these events, along
with BWC footage revealed that this event was not a First Amendment activity.
Members of the MPD have never experienced unmitigated, consistent violence of this
magnitude while attempting to protect a joint session of Congress and the Vice
President of the United States. The threat of death or serious bodily harm posed by
these rioters to law enforcement officers and our elected officials was real and present.
The USCP had lost control of the situation due to the sheer numbers of rioters and
violence they were experiencing from coordinated efforts by trained individuals, who
were armed with various types of weapons and clad in military grade protective
equipment. Members of the MPD utilized what riot munitions they had with them, and
learned their munitions were ineffective due to environmental factors such as natural
wind and mechanical wind shear off the Capitol Complex buildings. This meant the
vastly outnumbered officers had to place themselves in danger by engaging the rioters
with their hands and bodies. Sergeant Thau, who has a vast quantity of experience
dealing with crowd management and riotous activity, explained that he feared that the
MPD CDU units were going to be overrun and officers were going to be severely injured
due to the assaultive behavior displayed by the riotous crowds.

CAPD_000000929
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Sergeant Thau, having no other munitions at his disposal, decided to utilize his ECO to
stop assaultive and dangerous rioters. Sergeant Thau's first two deployments from his
ECO stopped a reported assaultive and dangerous individual from continuing to assault
police lines, and made him let go of a weapon. Sergeant Thau stated that his first ECO
deployment of two cartridges had a psychological effect on the crowd and momentarily
stopped their surge. Sergeant Thau's third deployment took a dangerous rioter to the
ground and presumably out of the fight. Sergeant Thau had difficulty attempting to
deploy the C-2 cartridge for his fourth deployment. The AXON Audit report showed C-2
bay was empty and Sergeant Thau reenergized the cartridge from C-1 bay, twice. This
audit log showed that the EDC was malfunctioning by action, but did not register a
malfunction report on the audit. Utilizing an ECO under stress is difficult, a member
must remember complicated sequences of trigger pulls and toggles to deploy, and
energize deployed cartridges. The member must be able to remember and recognize if
a cartridge took effect, and is responsible for each trigger pull or toggle which energizes
or reenergizes deployed cartridges. Sergeant Thau had attempted to deploy his fourth
ECO cartridge on a dangerous and assaultive individual who was armed with a long
wooden pole. The rioter was able to take a fighting stance with his pole, and raise it
above his head in the direction of the police line before Sergeant Thau and others
engaged him in a scuffle. During the scuffle the rioter dropped the pole.

Sergeant Thau's last two deployments were on the south side of the west terrace where
the CDU lines were getting continually assaulted by rioters with weapons. Sergeant
Thau deployed his fifth cartridge at a reportedly dangerous and violent rioter; the
deployment wasn't visible, but an individual was observed holding Sergeant Thau's
ECO leads in his left hand. Sergeant Thau's sixth deployment was directed at a rioter
who was actively assaulting an MPD member by utilizing a wrestling hold on the
member's right leg, pinning the member to the stairs on the west terrace. Sergeant
Thau's deployment appeared to hit the rioter in the right flank. The ECO appeared to
achieve NMI and the rioter went limp and rolled off of the member.

Sergeant Thau's use of the multiple ECDs was the best force option available at the
time due to how fluid and quickly these events unfolded. In situations like these events,
the use of hand controls, defensive strikes, or ASP strikes would not have been feasible
due to the fact that the use of these tactics would have required Sergeant Thau to move
within close proximity of the un-identified rioters. Furthermore, by closing the distance
in order to employ any of the above listed tactics would have additionally put him in the
middle of numerous rioters who were engaging in assaultive and violent behavior. This
action would have further exposed Sergeant Thau to being physically attacked. As the
memorialized footage and members statements revealed, Oleoresin Capsicum (OC)
spray was not the best force option due to environmental factors and the presence of
motivated rioters wearing protective masks and gear. Furthermore, although OC spray
was utilized on numerous occasions during the events of January 6, 2021, the intended
effects of the OC spray met with mixed results and did not deter the assaultive actions
of the rioters. Additionally, Sergeant Thau reported that he had exhausted the OC
supply in his MK9 dispenser.

CAPD_000000930
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The primary goal of the ECO is to stop aggressive and potentially lethal behavior from a
distance, by temporarily incapacitating a non-compliant individual. Sergeant Thau
appeared to have accomplished this on at least four ECO deployments.

Summary and Conclusions

In order to asses this issue of force and determine whether or not the events comport
with applicable rules and regulations, several issues must be addressed and analyzed.
Moreover, this type of analysis allows for a review of policies and procedures with the
application of, "hindsight vision," which lends itself as a teaching tool and helps
precluded unsafe or improper practices from occurring in the future.

In reviewing and considering this matter, it is helpful to note the Supreme Court's
decision in Graham v. Conner, 490 U.S. 386 (1989) as it relates to the reasonableness
of force used by police. The Court indicated that:

"The reasonableness of a particular use of force must be judged from the

perspective of a reasonable officer on the scene, rather than with the 20/20 vision
of hindsight. .. The calculus of reasonableness must embody allowance for the
fact that the police officers are often forced to make split-second judgments in
circumstances that are tense, uncertain and rapidly evolving-about the amount of
force that is necessary in a particular situation."

The policy of the Metropolitan Police Department (MPD) is that MPD members shall use
the minimum amount of force that an objectively reasonable officer would use in light of
the circumstances to effectively bring an incident or person under control, while
protecting the lives of the member or others. When using force, members must
continuously reassess the perceived threat in order to select a reasonable use of force
response, or one that is proportional to the threat that is faced by him, her, or others.

• On January 6, 2021, Sergeant Thau and MPD responded to the U.S. Capitol to
assist the USCP who had lost control of a riot on the U.S. Capitol grounds.

• A joint session of Congress and the Vice President were present in the U.S.
Capitol on January 6, 2021.

• Sergeant Thau and other MPD members had exhausted their stores of munitions
and OC spray had proved ineffective against the rioters. Sergeant Thau made
the decision to utilize his ECO on assaultive, non-compliant, and dangerous
rioters.

• Sergeant Thau, after observing how effective his first ECO deployments were,
collected ECDs from Sergeant's Minier and Geiger. Sergeant Thau deployed the
ECDs on assaultive, dangerous and non-compliant rioters.

CAPD_000000931
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• None of the subjects of force were arrested or identified on scene. None of the
subjects of force made themselves known or requested medical attention.

Findings

Based on the preponderance of the evidence, the following recommendations are

made:

In reference to Sergeant Daniel Thau's ECO deployments, it was found that Sergeant
Thau acted within the guidelines established by the provisions of the MPD General
Orders. Specifically:

• General Order 901.13, "Electronic Control Devices," Part IV, which states:
"Members shall only use ECDs when a subject is at least actively resisting a
member's requests or demands and the subject is engaged in dangerous and
assaultive behavior toward themselves, members, or others."

Accordingly, it is recommended that the Use of Force (ECO) by Sergeant Daniel Thau
against unidentified rioters on January 6, 2021, be classified as: Justified, Within
Department Policy.

This investigation SUSTAINED the allegation that Sergeant Daniel Thau engaged in
prohibited conduct, as enumerated in General Order 120.21, Attachment A, #16, which
states, "Failure to obey orders or directives issued by the Chief of Police." This
misconduct is further defined as:

• Violation of General Order 901.13 Part VI, Section C, 1, which states

Members shall conduct a pre-shift five-second arcing (spark test) to ensure
that the device is functioning properly.

o Specifically, the AXON Audit log for Sergeant Daniel Thau's ECO for
January 6, 2021, revealed that Sergeant Thau failed to conduct a pre-
shift 5 second arcing test to ensure his ECO was functioning properly.
Sergeant Thau acknowledged that he failed to perform the required arc
test at the beginning of his tour of duty.

Miscellaneous

Before the completion of this final report, the undersigned agent had a preliminary
conference with Lieutenant Craig Solgat of the IAD. Lieutenant Solgat concurred with
the findings of this investigation.

111~ 111/U'Z/4~
Maurice MacDonald
Agent
Internal Affairs Division

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Attachments

1. AXON ECO Audit Report - Sergeant Daniel Thau.

2. AXON ECO Audit Report - Sergeant Ricardo Minier.
3. AXON ECO Audit Report - Sergeant Richard Geiger.
4. Incident Summary Sheet - IS# 21-000048.
5. JOCC Close-Out Report.
6. Preliminary Report 901 (b)
7. MPA Curriculum Review.
8. Force Incident Report, Sergeant Daniel Thau.
9. P.D.854 Statement Sergeant Daniel Thau.
10. P.D.854 Statement Commander Robert Glover.
11 . P.D.854 Statement Sergeant Ricardo Minier.
12. P .D .854 Statement Sergeant Richard Geiger.
13.P.D.854 BWC Review.

CAPD_000000933