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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