FORCE STATEMENT
I have been ordered to write this Force Statement by Sgt. FIT Team. Completion of this Force Statement is also required by NOPD Operations Manual PR300.6.1. Had I not been ordered to draft this document, I would have asserted my right to remain silent as guaranteed by the 5th Amendment of the U.S. Constitution. In addition, although I have not been advised as such, I am aware that LSA 40:2531(b)(5) makes administrative statements rendered in administrative investigations, such as this use of force investigation, inadmissible in any subsequent criminal proceedings. However, since this statement is being compelled and I would be fired for failing to comply with these orders, I am rendering the below involuntary statement with regard to the events of 01-01-2014 documented under NOPD Item # A-12345-14:
On 1-1-14, I was regular working in the Ninth District on the second watch. I was manning car 902 and I was partnered with Officer Joe Law-Man. Myself and Officer Law-Man were both attired in NOPD class A uniforms driving in a fully marked NOPD police car.
At about 1:30 a.m., my self and Officer Law-Man were conducting routine patrols in zone C. We were told by our platoon supervisor at roll call that there have been a high number of armed robberies in that zone recently. While driving north on South St., Officer Law-Man, who was the passenger in the patrol vehicle, observed an unknown blue male subject walking south on South St. The unknown male was wearing dark blue jeans, a black hooded sweatshirt, and black work boots. The unknown male was wearing the hood on his head. Officer Law-Man alerted me to the subject.
When our vehicle passed the unknown subject, I observed him look directly at us and then
glance away nervously. Simultaneously, the subject grabbed his waistband in the front of his pants. It appeared as though the subject was grasping a large bulky object concealed within his clothing. It was dark and South St, was lit only by sporadic street lights. At this point, both I and Officer Law-Man believed that a crime may be in progress or imminent and decided to conduct an investigatory stop. When I began to turn the police vehicle around, the subject looked back over his left shoulder at the police car and began walking at a quicker pace, still clutching his waistband.
When we began traveling south on South St., I saw the unknown subject make an abrupt right turn down the driveway at 123 South St. Officer Law-Man exited the police vehicle and the unknown subject began to run away. Officer Law-Man gave chase on foot.
I drove the police vehicle around to East St. in man effort to cut off the fleeing subject. Officer Law-Man gave flight directions on his police radio, stating that the subject was running toward East St. near the middle of the block. I positioned the police vehicle in front of 543 East St. I observed the subject running in my direction looking over his right shoulder at Officer Law-Man.
At that time, I observed a silver handgun in the subject’s right hand. I began giving verbal
commands and took cover near the front drivers side wheel well of the police vehicle. At that Tim,e I observed the subject reach over his right shoulder with the handgun in his right hand and fire several rounds in the direction of Officer Law-Man. At that time, fearing for the life of myself and my partner, I fired an unknown number of rounds from my department issued Glock 22 at the subject, striking him several times. Shortly thereafter, I observed Officer Law-Man come into view and approach the subject who was now on the ground in the driveway of 543 East St. As I approached, I observed Officer Law-Man move the subject’s weapon about 1 foot away from the subject’s hand with his boot.
I called for EMS and notified the dispatcher and my supervisor of the situation. I was later
informed the subject had been identified as John Badguy. I was also informed later that I fired 10 rounds, striking the subject 7 times. Neither I nor Officer Law-Man were injured in the incident.
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