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  • Maldonado Records

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    baystateexaminer
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    Records related to ex-Chicopee police sergeant Daniel Major's attack on Maldonado during booking.

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    Records related to ex-Chicopee police sergeant Daniel Major's attack on Maldonado during booking.

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    62 vistas38 páginas

    Maldonado Records

    Cargado por

    baystateexaminer
    Records related to ex-Chicopee police sergeant Daniel Major's attack on Maldonado during booking.

    Copyright:

    © All Rights Reserved
    Descargue como PDF o lea en línea desde Scribd
    Marcar por contenido inapropiado
    de 38
    Marshall T, Moriarty City Soli CITY OF CHICOPEE Law Department March 16, 2015 Maya Shaffer The Baystate Examiner 25 Church Street P.O. Box 865 Hudson, MA 01749 RI Maylene Maldonado Dear Ms. Shaffer: Pursuant to your request under the Massachusetts Public Records Law dated March 9, 2015, attached please find said records and booking video Very truly you Fool, Associate City Solicitor TIR/edu Enclosures City al ‘Market Square +17 Soringfeld Sireet« Chicopee, MA OIO13-2776 + Telephone (113) 394-1520 "Fax (113) 991502 +E-Mail mmoriarty@chicopeema.gov Chicopee Police Department Page: 1 Arrest Report 03/11/2015 Ay Arrest #: 13-153-aR Call #: 13-6684 Date/Time Reported: 02/17/2013 © 0585 Arrest Date/Time: 02/17/2013 @ 0638 02/17/2013 8 0638 ‘CHI201300153 Chicopee 02/19/2013 @ 0900 Reporting Officer: Patrol JOEN BIRKS Resisting Officer: Patrol RYAN MORAN Booking Officer: Sezgeant JEFFREY GODERE Approving Officer: Lieutenant JOHN PRONOYOST Signature: Chicopee set: 02/17/2013 @ 0714 Cash Bail Set 140.00 Cash Bail Set ‘ail Yor Court: Bail Set By: DASSELI DAVID ASSELIN BAIL CONISSIONER Bail Unpaii Released: 02/17/2013 @ 2036 Signature: 1 gana rin c oo 75 GE cS hititary Active Duty: N BLACK EYES: BROWN HEIGHT: 506 WEIGHT: 164 HAIR: BOD’ oy COMPLEXION: NOT AVATE, ‘ DOB: PLACE OF BIRTH: SOUTHBRIDGE, MA LICENSE NUMBER: NOP AVAL ‘BTHWICITY: EISPANIC ‘90002911856 [coREACT INFORMATION] lone Phone — mz [APPEARANCE], GLASSES WORN: NO ‘TATTOOS: TAT R WRS(STARS), TAT R SHLD(ROSE), TAT CHEST(3 STARS) TAT 1, SHLD(SCORELO), TAT L CALS (CARMEN BUITSRELY) [EMCLY/eMeLOM@NT THEORMATION] VARZEAL STATUS: SINGLE FATHER'S NAME: MALDONADO, JOSE, MOTHER'S NAME: AVILEZ, CARIDRN OCCUEREION: UNEMPrOYED Chicopee Police Department Page: 2 Arrest Report 03/11/2015 Arrest #: 13-153-AR Call #: 13-6684 La (REGHNS/BOOKING CHECHS} RIGHTS ADVISED BY: Sergeant JEFFREY A GODERE DATE/TIME: 02/17/2013 @ 0643, Prone USED: ARRESTED SECURED: ¥ 02/17/2013 0643 ARRESTSE CELL #2 F3 INGERPRIN? PHOPOGRAPHED: Y VIDEO: 504/32 SUICIDE CHECK: Performed PERSONS: StatetFederal NCIC VEHYCUE CHECK: Not Porformed SOU OR TLINEGS, N= aStEIsuAdaueRnsasKsNONROhehteaaniehestettenenens 4 Sao ET 2 ae LOCATION TYPE: Hotel/Motel/Tenp. Lodgings Zone: DISTRICT § BURNEFT RD ECONO-L0DGE 357 BURNETT RD CHICOPEE MA 01020 1 AGB OM POLICE OFFICER " Misdencanoz 265/130/8 265 asp - siete cecuRRED: 02/17/2013 0555 WERPON/PORCED USED: Personal Weapons (Hands/Foet/Ete} AGGR. ASSAULT/HOMTCIDE: Argument 2 RESIST ARREST " MLedeneanor 268/328 268 32B - Smee cccuRRED: 02/11/2033 0555 Personal Weapons (Hands/Feet/Etc) WEAPON/FORCED USED a 1 wines, som 9 . 6 im sm 410 CHURCH $7 car os: EMPIGUER? CHICOPEE POLICE DEPT, + 413-594-1700 INJURIES: Apparent Minor Injury BIRNICITY: Not of Hispanic Origin RESIDENT STATUS: Resident VICTIM CONNECTED 70 OFFAVSE NUMBER(S): 1 2 RELATION 70: MALDONDO MAYLENE Stranger WICTIM(S) PERSON (8) TTS ES ET co 1 grams, anniony © wirwss « « 2 ep 2 rican coy venaes a a Puoros quae SERIAT DA om co023 2: 02/18/2013 HALDONDO, Chicopee Police Department Arrest #: Call #: MAYLENE ¢ Arrest Report 13-153-AR 13-6684 SEAR 13-325-PR 90.00 Page: 3 03/14/2015 Evidence (Not Nibre Reportable} Chicopee Police Department Page: i NARRATIVE FOR PATROL, JOHN J BIRKS Rof: 13-153-AR On Sunday 02-17-13 myself, Sgt. Godere, Officers Remillard and Moran were dispatched to 357 Bumett Rd,, The Econo Lodge, to check the well being of a man who was incoherent and carrying a large knife.’ Upon my arrival I observed a female running west towards the Pride truck stop.. As T entered the parking lot Sgt. Godere was arriving and I informed him to check on the female at the Pride wearing "pajama pants", T proceeded to enter the lobby of the Econo Lodge and spoke with Cory Brantley and the hotel front desk clerk. Mr, Brantley told me that his friend Anthony Jimenez was staying at the hotel with two females and appeared to be disoriented and "on something" ‘The clerk advised me that Mr. Jimenez, was staying in room #109 and possibly in his room, After no response at the door, Myself and Officer Moran entered the room to check on his well being, The room was empty and we observed an empty bottle of rum and an empty bottle of Hennessey. ‘We went back to the lobby area and Sgt, Godere was walking in with the female who I observed running towards the Pride. She was identified as Maylene Maldonado. She stated that she was drinking and smoking PCP with Anthony Jimenes and another unidentified female. As I wes getting the facts of the entire night, Officer Remillard walked into the lobby with Mr. Jimenez. Mr. Jimenez was very cooperative and eoherent to bis surroundings. He stated that Ms, Maldonado got his car stuck on a snowbank in the hotel parking lot, It was determined at this time that Cory Brantley would stay in the room with Mr. Jimenez and Ms. Maldonado, calling it a night. Ms. Maldonado left the lobby area and started walking down the hall to the hotel room. I still had her drivers license when she left so I gave it to Mr. Jimenez, Moments later she returned and started demanding her license. I was holding Cory Brantley's license and a piece of paper with Anthony Jimenez’ information on it, L advised her that I did not have her license and that I gave it to Mr. Jimenez. She did not comprehend what I was telling her and started reaching at my hand trying to grab Mr. Brantley's license, Again, 1 ‘old her I did not have her license anymore and put niy hands behind my back so that she would not grab it out of my hand. ‘Unexpectedly, Maylene Maldonado wound up and slapped me across the right side of my face with her left hand. Immediately, the fight began to place Ms. Maldonado under arrest. She was actively resisting punching and scratching my facial area as I was attempting to control her and place her under arrest. Officers Moran and Remillard jumped in and Ms, Maldonado was taken to the ground. After a brief struggle with three officers, her hands were placed behind her back and bandeufied. Blood was dripping from my face due to the scratches and lacerations inflicted upon me by Ms. Maldonado. [went to the bathroom to clean up and stop the bleeding. Ms, Maldonado was then transported to te police station by me. On the ride to the police station Maylene Maldonado was very apologetic about assaulting me, [refused to respond to her which caused her to become very angry. We entered the prisoner bay, she exited the police car and entered the elevator to go up to the booking room. She immediately became resistive again attempting to knee me in the groin area, Iphysically shoved her into the commer of the elevator to control her until the door opened in the booking area ‘She was handed off to Sgt. Major, Officer Moran, Officer Remillard and Office: Odiome. I proceeded to the bathroom to clean the blood off my face. Upon retuming to the booking area Ms, Maldonado was very ‘uncooperative and hed to be placed in a prone position by these for their safety. Maylene Maldonado is being charged with A&B on police officer and resisting arrest. ‘The Chicopee Fire Department responded to the police station and tended to my facial injuries. An employee accident form has been completed by me, Pictures of my injuries were taken by Sgt. Godere and the disc has been tagged with evidence tag #C 0023, Internal Affairs Investigation ; Chicopee Police vepartment rnoall Report Pxintea: 05/01/2013 @ 0839 Sent : 05/01/2013 @ 0830 By: Deputy Chief WILLIAM R OEBB Subject: 13-153-AR Acting Chief Charette, é on Wednesday, 22 April 2013 axound 1400 hre, T was in the Traffic Bare eemesaye qth Sgt- Jeronimo, At this time T heard screaming and Jiacavered Officer Gagnon viewing an arrest video. As I watched this seeptte Sides, sgt. Daniel Major appeare to lose his composure and applies pecinproper technique to the arrested female. The following mozeing * ae mercer. Nunes, and asked him to make a copy of this video for me as T was going on vacation until Tuesday. on Tuesday, 30 April 2013 around 1100 hra, I spoke with Sgt. Jeronimo and soked why Officer Gagnon was viewing this video. Sgt. Jeronimo jreoancd me that he was making a copy fot the DA's office. Upon further satin it was determined that this video was aent to the DA's office. 7 would suggest that you view this video $504/32 fox’ arrest 19-153-AR and provide guidance as to how you would like me to proceed. Deputy rage: To: Deputy. Chief William Jebb May 9, 2013 From: Chief Thomas Charette Subj: 13-153-AR Deputy Jebb, Please provide me with a detailed written report, no later than May 17" 2013, in regards to arrest 13- 153-AR and its booking video. Include in your report all information you gathered, from your first ‘becoming aware of this arrest until the present, a5 well a al the actions you took involving this matter, [Also Include in your report the current whereabouts of any and ail copies of that booking video you have knowledge of. All copies ofthat booking video that you have shall be retumed to me immediately upon recelpt ofthis letter. aa CH Thomas Charette Chief of Police To: _ Thomas Charette #164 A7May 2013 ‘Acting Chiof of Police From: William R, Jobb #133 Deputy Chief of Police Ref: (13-153-AR), 17 February 2013, Maldouado, Mayione C., Anrest Video #504/32 (13-03-14) ‘This report is submitted to Acting Chiof Charette as directed in his loter dated 9 May 2013, and ‘upon further verbal clarification by AC Charette that I was the subject of an intemal investigation of department rules aud regulations. ‘On Tuesday, 23 April 2013 around 1400 hrs, I was in the Traffic Burems conversing with Sgt, Jeronimo, As T was discussing my vacation schedule with him, I was standing approximately 15 foot away from officer Gaguon. I could hear a female's voice screaming, I frned to identify the source, and discovered Officer David Gagnon viewing a booking video.of a female, My attention was diverted to this ‘video for a few seconds, when I observed Sgt. Daniel Major lose his composure, apply a throat/choke hold to this female and force her to the ground with the aid of other officers. AAs the Deputy Chief and the sole officer assigned to Internal Afi, my authority to eonduct {intemal investigatious is derived from the Chicopee Police Depariment’s Policy and Procedures: “Administration Section 4.00, Internal Affairs 4.01, and Section 2 (B) Investigative Procedures. It is also important to note that I ave been assigned os an literal Affairs Investigator sinoe 1997, and havo hed unlimited and unobstructed access to the Law Department for legal sidvico and guidance. This has been a Tong standing “Past practice,” which as of this date I have not received notice indicating any ebango, ‘Therefore, after further reconsideration ‘of what I may have seen on the above booking video, I etormined that it warranted further reviow by mo to determine if there wero sny departinental violations. Iproceeded as follows: (On Wednesday, 24 April 2013 around 0830 hrs, [was on vacation and preparing to leave the area until Tuesday, 30 Apri 2013. Iwas troubled and disturbed by what I may have seen on this video and contacted If. Nunes, 1 ordered Lt. Nunes to make a copy of the booking video Officer Gagnon was viewing and place itunder my office door. On Wednesday, 24 April 2013 around 0930 ‘rs, I contacted City Solicitor Attomey Karen Betournay and briefed her on what T elioved was on the above video. I informed her that I was on ‘vacation and would be out of the area uati] Tuesday: ‘moming at which time I would view this video in its ‘atirety, The intent ofthis conversation was to provide notice to the city solicitor of a potential problem that may noed further investigation and to seek guidance. T informed th city solicitor that [would review ‘the booking video in its entirety upon returning from vacation. On Tuesday, 30 April 2013 around 0730 hrs, Tretumed to work from vacation and watched this booking video several times in its entirety. During the booking process, the arrested party was identified as Maylene Maldonado, who clearly stated that she was under the influence of PCP and aleobol. Sho also stated that she sustained a head and mouth injury, of which the mouth injury wes clearly visible in the “Video, Maldonado appeats to be agitated, but nt combative and undor contro, up until Sgt. Daniel Major said to her, “If you don’t cooperate bad things are going to happen.” Clearly this appears to upset Maldonado, as she asked Sgt. Major fo repeat what he had jast snid. At this point Maldonado starts complainiig about her lip piereing emising her pain, and that she caa’t handle the pain. Maldonado Continues to complain about this piercing pain at disturbing Joycls, but doesnt actively resist tho officers holding her at tho booking desk, Maldonado is handcuffed behind her back, leening against the booking desk and being controlled by three officers, one of which is Sgt. Major, the Commanding Officer, Patroimen Travis Odiomne, and Ryan Moran, At this point Sgt. Major appears to lose his composure, and he abroptly applies a throat/choke hold to Maldonado’s neck, and while doing so yells “Shut the fuck up.” Sgt. Major then brings Maldonado to the ground with the assistance of other officers. Sgt- Major applied fenough force with this throat/choke bold that it caused Maldonado to havo difficulty speaking momentarily, and her head was pushed back. Equally disturbing was the angered expression on Sgt “Major's foe as he choked Maldonado, On the floor and out of view of the cantera, Sgt. Major again tells hher to, “Shut the fuck up”, mocks her and soid “That's what you got when you use PCP,” Iwas able to ‘hear Maldonado say “Stop choking me,” but this was out ofthe view of the camera [made the determination after viewing this video that this matter should be investigated for possible department violations or criminal charges. Jt is apparent thet during this booking procedure ‘Maldonado wes not offered medical treatment for her apparent injuries, intoxication or for being under the influence of PCP. Furthermore Sgt. Major’s application of this ‘throat/choke hold is not anthorized by this depariment or the Massachusetts Criminal Justice Training Council as a restraint techniquo. As Tooked at this video ovor and over I could not identify any actions by Maldonado that would justify any officer angely chocking her. In my opinion, Sgt, Major's actions were excessive and possibly criminal in nature. Therefore, I initiated an active Internal Affairs Investigation (13-03-IA), printed a copy of the fairest report and Maldonado’s IMC record. I placed these items along with the booking video in this internal affairs folder as I prepared to conduct this investigation, ‘On Tuesday, 30 April 2013 around 1100 hrs, I spoke with Sgt. Jeronimo and inquired as to why Officer Gagnon was viewing this arrest video. Sgt. Jeronimo informed me that Officer Gagnon was making a copy for tho District Attorney’s office. I asked if the video was sent over to the DA’s office, Sat, Jeronimo checked and advised me that it was. On Tuesday, 30 April 2013 around 1300 hrs, I went to AC Charette’s office to speak with him on this matter, unfortunately he wasn’t in, I checked later in the afternoon and he still wasn’t ia his office. ‘On Wednesday, 1 May 2013 at 0830 hrs, I sent AC Charette a depariment ¢-mail outlining this {noident, and advised him that this video was sont over the DA’s office, I also suggested that ho view the ‘video and provide guidance as to how he would like me to proceed. ‘The intent of this e-mail wes to provide notice to AC Charette, and to got his instruction on conducting a further investigation for violation of rules and regulations or possible criminal charges. On Monday, 6 May 2013 around 0930 hrs, Attorney Betournay called my office, We had a discussioa about the Kozikowski show cause hearing in ‘Springfield District Court this Thursday, and discussed transportation. After that discussion Attomey Betourmay inguired as to any developments on. the Major incident. 1 informed her tht it appeared Capt, Gilbert was assigned the investigation by AC Charette, and that Thad not heard from AC Charette on this matter. On Monday, 6 May 2013 around 1330 hrs, 1 received a call from Attorney Beloumnay. She ‘advised me that the Mayor requested that I bring a copy of this booking video to him immediately. I ‘advised hor that I would make a copy of this tape and bring it to her office as soon as possible, which I did. Ttmust be noted that AC Charette was not working at this time 6 May 2013. On Thursday, 9 May 2013 around 1600 hrs, AC Charette summonet! me to his office via- department intercom systets, Upon entering his office, be handed me a sealed envelope with my name on it and said, “Open it” I opened this envelope and discovered a letter from him requesting this report the ‘whercabouts of any and all copies of the booking tape, and that all copies ofthis aforementioned booking tape be returned fo him immediataly upon reeipt of this lelte. As Deputy Chief and officer in charge of Internal Affairs records, I retrieved that copy of the ‘booking video in my possession, and returned to AC Charette’s office and handed it to him, [informed AC Charette that the Mayor had a copy of this video, the Traffie Bureau had a copy and the Chicopee District Court DA’s office had a copy, “according to Sgt, Jeronimo.” It's important fo note that this is the first communication I fad with Acting Chief Charette telative to this incident and that I never received a response to my e-mail, which was sent to him on 1 ‘May 2013 at 0830 hrs. Since Capt. Gilbert isin charge ofthis internal afsirs investigation, 1 am closing ‘my internal affairs investigation (13-03-IA) upless otherwise directed by you. Respectfully Submitted, William R'Jebb #133 Deputy Chief of Police To: Honorable Mayor Michael Bissonnette May 10,2033 From: Chief Thomas Charette Subj: Assignment of Special Investigator ‘Mayor Bissonnette, + am writing you per our discussion on 05/08/43 In regards to the recent events surrounding the interna] Investigation involving the booking of Maylane Maldonado, F13-153-AR ane alleged misconduct of Set an Major, My report to you on that matter wil be forthcoraing, ‘As you know Lam greatly disturbed, | disappointed and embarrassed by the actions of Deputy Chlef William Jebb regarding his actlons in this matter. It is my. pelief that DC Jebb acted outside of the “Chala cof Command”, usurping my authority and violating several set Policies & Procedures of the Chicopee Police Department, Including internal Affairs Investigations and Handling of Evidence, (also belleva he Is in violation of Rules & Regulations 20:41 Discourtesy and 300:35 Dissemination of Official Information. Furthermore it is my coritention that his motivation for his actions were twofold, To retaliate against Sgt Major, whom he clearly has had a contentious relationship with at best and mare so ta bring discredit to me In an effort to gain standing for himself In regards to the permanent Police Chief position. Due to the euivent citumstances that DCJebb and | are involved In with regards to the postion of permanent Police Chlef, fee It ls necessary, in al fatness, for me to secuse myself from Investigating this matter, Additionally, {do not feel It would be appropriate for me to assign this investigation to any other Command Staff Officer in this department. Therefore Lam requesting that you assign an Investigator of your choosing, from an outside entity, to determine iit fact these viclations occurred and if dlsciplinary action [s warranted: 1am currently in tho process of obtaining written reports from DC ebb, Ofc Dave Gagnon and Lt Richard unes, all those that Lam now aware ofthat have direct knowledge ofthis incldent, {wel also be submitting full eporton this matter. Upon my receipt ofthese reports | will review them to determine ifthere are eny other gersons with knowledge that lam not currently aware of and have ‘them submit reports a8 well, Once | have all the necessary documentation { will assemble a packet, place ina sealed envelope and delver it to the assigned investigator, $0 as not to violate the integrity and confidentiatity ofthe investigation. personnel guldelines area necessity In an organlzation if ts to effectively acheve the purpose for which tis established. ‘Thisis particularly true in @ police agency where the reputation ofthe “organizotion is donedant upon the personal conduct and professional competence ofits individual ‘officers, lest they bring discreet tipon the department, No place fs this more evident than at the Command stafFlevel af an organtatlon, J thenk you in advance for your Immediate action inthis etter. Please feel free to contact me with any concerns you may have on this matter orto discuss possible candidates to conduct the investigation. Tow er7t on W¥ObOL E102 9 “AON payee hotmas Chief of Police ein ee wulbsal FHOZ @ "now To: Honorable Mayor Michael Bissonnette May 20", 2013 From: Chlef Thomas Charette Subj: Summary of Investigation (Sgt. Dan Major) Sir, Per your request ! am informing you of the findings in regards to the misconduct claim lodged against ‘Sgt, Dan Major by Deputy Chief Wiliam Jebb in reference to the booking of Maylene Maldonado, 13- 153-AR, As you are aware | assigned that Investigation to Capt. Mark Gilbert, Commanding Officer of the Midnight -8am Shift and Sgt. Major's immediate supervisor. Capt. Gilbert has submitted a full report to me, along with accampanylng written statements from all officers prasent during the Incident (Sgt. Major, Set. Godere, Ofc. Remillard, Ofe, Ordione, Ofc. Moran). On reviewing the written statements, Capt. Gilbert's report and the booking video In question several ‘times, I concur with his findings. Capt. Gilbert found that Sgt. Major is exonerated on this matter based on the facts and circumstances that were submitted to him during his investigation, ‘SUMMARY OF FACTS: ‘Maylene Meldonado was arrested on February 17, 2023 at approx. 6am by OfcJohn Birks for A&B On a Police Officer and Resisting Arrest In which she inflicted fatty serfous facial injuries to Ofe. Birks. Mis. ‘Maldonada had admittedly been using PCP and alcohol that night. Upon arrival in the booking room Ms, Maldonado was clearly uncooperative and in fact assaultive In the elevator coming up to the booking room, which can be heard on the booking video. Several offcers were in the booking raom to assist due to the fact it took 3 officers to get her handcuffed originlly, upon her arrest. Sgt. Major made several attempts to speak softly and calmly with Ms, Maldonado in order to calm her and complete the ‘booking process. However, she was elther unuiling or Unable to understand simple instructions and kept insdting that Sgt, Major repeat himself. After repeating himself a few times he finally refused to cofitinue doing 80, as she obviously wasn't cooperating or understanding the information. As Set. Major Vas gatting ready to un-handcuff her'she asks Set, Major to remiove her piercing from her lip as It was : hurting, Sgt: Major would not remove her piercing and she began screaming wildly, tensing up and becoming rigid; resisting his control. Ofe. Remillard yelled to her that she could remove it herself when they take off the handcuffs in/an‘atternpt to calm her, but agaln she was unwilling to Isten and ‘cooperate. As she continued her rant Sgt. Malorbegan removing her property from her, emptying her pockets along with other officers. As Ms. Maldonado continued screaming and becoming more disorderiy; Sgt. Major reported that she was now spraying blood and saliva out of her mouth as she yelle, casing him great concern. She then sprays bloody spittle on Sgt.Major's shirt, This information ‘was supported by 3) other officers statements. Sgt, Major Immediately grabs her by the neck area, front aid back, according to him; in order to control her head so she could not direct any sprayed spit on any officers present. He tellsher to “shut up” and then took’her to the floor with 2 other officers to gain ‘more control. She continued to scream for about 20 seconds then became calm, She was then brought back to her feet, the handcuffs were removed and the booking process was completed without further Incident. Ms. Maldonado was not injured in any way nor did she complain of any Injuries, other than ‘the apparent minor ip injury and reported head injury which were sustained upon her arrest. EINDING | concur with Capt. Gilberts findings to exonerate Sgt. Major of any misconduct, Its the primary job of a supervisor in the booking room to ensure the safety ofall persons present, including suspects and police officers. Sgt. Major perceived an unsafe condition with Ms, Maldonado spraying bloody save around at officers, whether Intentional or not, He grabbed her by her neck as it presented the best ‘means avaliable to cohtrol her heed, He immediately releases his initlal grip on the front of her neck, as ‘evidenced by her continued screaming and appears to grab the front of her coat/swester collar (turtleneck) and her jaw area. She fs taken carefully to the floor ina controlled maneuver and is not injured. have attached Sections | (General Guidelines) and IV.(8) (Use of Non-Déadly Force) of our Departmental Use of Force Policy for your review. As you will se it states the objective of the use of force is to maintain and/or reestablish control over a situation, Control is reached when a suspect complies and no longer presents a threat tothe officer or others. It further states thet officers must be prepared to use a wide range of force options that are reasonable and necessary to maintain control ‘and ovarcome resistance. This policy intentionally allows for a wide varlety of responses due to the Unlimited number of possibilities and circumstances an officer may face. Respectfully Submitted, rence Ca tte Chief of Police 05-15-2013 ‘To-Chiof Charette Front: Lt Richard Nones TE: DVD and arrest repott 13-153-AR (Maylene Maldonatio) On Tuesday, 04/23/13 at approximately 3:00pm was sitting t Sgt Klaus’ desk working onthe Outside Work List, Officer Gagnon was behind me at the DVD players making a copy ‘ofa booking DVD, During the copying process, the audio level suddenly went very loud, the female suspect, Maylene Maldonado, began screaming and yelling on the DVD which drew the siteation of everyone in the room except Diane Douillard who was seated across the room. Deputy Chief Jebb, Sgt Feronimo and Det Oshea were in my office and they oxme out after ‘pearing the audio, Det O'Shea then let tho Treffic Bureau and DC Tebb asked what was the noise was, Jebb and Jeronimo began viewing the recording, At somie point in the video, SgtD ‘Major, ho wes in the bookiag room, grabbed Maldonado by the notk/chif area and proceeded ‘with the other officers to bring her tothe ground, IC Jobb said (paraphrased) ‘Daany what are you doing?” and then said T might need a copy of that booking in ease someone says I watched ihis’, Off Gagnon then finished the DVD nd attached it to the Court request, ‘On Wednesday, 04/24/2013, at approximately 2:00pm, DC Jebb came into the Traffic Bureau and asked me to make him 2 copy of the DVD that Off Gagnon hid copied the day Sefore. [asked Gagnon what the number of the DD was and we had to research it neither of us remernbered it. [then told him to make a copy for DC Jebb, DC Jebb then told me that he ‘wes taking the next 3 days off and J could slide it under his office door. I did as lustructed. On Monday 05/06/2013, at about 2:00pm, DC Jebb came into the Traffic Burenu and told ine he novded another copy ofthe Maldonado DVD right aviey, to bring down to City Hall, O& Gagnon and [informed hin that it was going to take a little while because the DVDs copy ata 1 to 1 sali, not high sped, Jebb said to doit and took a personal cll on bis cll phone. Before the DVD was finished, he said he couldn’t wait and asked for: ‘his copy back from 4/24 and said for us to make the new copy for him. Jobb came into the Traffic Bureau later on curing the day an asked if we had made the copy. Both Off Gagnon and I had gotten busy and left it in the DVD bumer. On Tuesday, 05/07/2013 at approximately 2:00pm, Attomey Karen Betoumay called me ex asked mo to print out aeport end fax it fo her atthe City Law Oriice, She asked if Tknew ‘which report, Lreplied “the Maylene Melionado report?” and she said, “I ned it, the Mayor swante it”. Iprinted the report and faxed ito her, I then notified Chief Chevette that a report was requested by Atty Betournay. Repeoftully Suomitic ae 3 tl od G000 ON - wage: Ol E1DE 9 ‘OH Balbas “To: Chief Charette From officer David Gagnon 144 Regarting: The hooking video , OVD $04, arest # 13-183, Maylene Maldonado Par your order the following Is my own personal knowledge and recollection of the copies of booking video DVD disc # 504, arrest # 13-153, Maylene Maldonado. 4-73-13 Tuesday ‘Around 3:00 pm | was in the Traffic Bureau working at my desk when Set. Jeronimo gave me an Evidence ftequest form from the Chicopee District Court D.A office. The D.A office was requesting a DVD ‘copy of the hooking of Maylene Maldonado, Arrest # 13-159, from Booking Vicleo Dise #504, Making DVO coples of Bookings for the courts Is one of my duties inthe Traffic Bureau, The process s done by using tivo DVD recordets, and a TV. The recorders and TV are located In the far left corner of the Traffic Bureau next to Sgt. Jeronimo and Lt Nunes office. The driginal Booking Discs playing in one recorder, and DVD copy fs recording in the other. You view the whole booking on the TV tobe sure there ‘are no techolcel problems during the process, and that you get the begianing and ending of the booking. ‘had time to make the copy and proceated to do go, Atthis time Deputy Chef Jebb was in the ‘Traffic Bureau standing in the doorway of gt, Jeronkmo's offic, talking to Sat, Jeranimo whe was at hs desk, During the booking of Mtaylene Maldonado, Mrs. Maldonado bagan to yell and scream about her Jip. This caught the ettention of Deputy Chlef ebb, who began to watch the booking video, and contiquedtowatch tothe end. - Ater| finished recording and finalizing the DVD copy, wrote on the disc Arrest # 153, ‘Maylene Maldonado , and BOOKING / COPY. | then put the DVD In a sleeve and paper clipped ieto the Evidence Request fosm and placed it in the District Court basket located on the center table, Glo £77700 WV6bFOL E102 “9 “ACH 4-24-13 Werinesday ‘There were only three people working in Traffic this day, Lt Nunes, Dianne and tne, Deputy Chief Jobb, Sut. Jeronimo, Off. Wagrayhek, and Off. Henry took the day off. Sometime efter 2:00 pen Deputy Chief Jeb called Lt Nunes and told him to make him a copy of the booking | was making yestertiay. Lt Nunes Informed me of Deputy Chief eb reqdest and told me to meke another copy. |esked Lt [Nunes forthe copy ! made yesterlay, and | wouk! make a copy from that OVD. Lt Nunas stated he already turned in that OVD to Dstlet Court this morning. | advised L¢ Nunes | would need the woman's name or herarrested numtber to look up the Booking Disc agaln, I did not remember her name or her arrest number, At the time Lt Nunes did not have this tnfo, therefore { did not make anather copy. 5eBe13 Filday Ie was around 1 PM, | was doing an LTC permit application, Set Jesonimo was working on tho [ob ist, and Off. Wegrynek at his desk, Capt Gitbert came into Traffic request he needed a copy of the Booking ‘of arrest # 13-458, When [finished my LTC perrat application, Off, Wegrynek made a copy ofthis ‘booking for Capt, Gilbert. Half way thru the process Capt. Gllzert returned to Trafic and waited for the yp to be completed. After the complation Capt, Gilbert took the DVD and left Trt. 5-6-48 Monday + Iwas working in the Traffie Bureau with Lx Nunes and Dianne. Sometime after 2pm. Deputy Chief Jebb came tnto Traffic Informing Lt Nunes he needed ancther copy of this Booking (holding @ DVD in his hand). He was bring the new cupy to City Hall and neaded it ASAP. The Deputy Chief Jebb handed Lt Nunes the DVD, and then left Trac Lt Nunes handed me the OVD to make another copy for Deputy Chief Jebb, The DVO Deputy Chief Jebb handed to Lt Nunes had Maylene Maldonado, arrest # 153 vwattten on tt, | started the pracess of making another capy of this booking (this was the booking t made a copy on 4-28-43 for District Court), when Deputy Chief Jeb walked back into Traffle asking, “Is it done?” Deputy Chief Jebb thought you could burn & copy In couple of minutes, like burning a music co. advised the Deputy Chief Jebb that we cannot burn a copy, we recorded It as Jt plays. The process takes aslongas the booking takes, the Peputy was in a hurry to get this made, and disappointed the process ‘would take so Jong, He remained in the room standing by’ the DVD recorder talking on his cell phone ‘walting for the OVD to finist. ‘When the Booking ended, | advised Deputy I now had to finalize the DVD so it would be playeble. This process can take up to.5 minutes depending how much space Is left on the OVD. At this point the Deputy stated he coulda’t wait enymore and he would take the copy he originally had to Cty Hal, and the copy that wes finalizing was to be sipped under his office door when It was done, The Deputy then left with bis orignal eopy: It got busy In Trafic, and I never gota chance to put this ather copy f the booking under the Deputies office door, Sometime pfter3 pm. the Deputy rated to Trafic and took the new copy Lmade, Dani Prager 44 wwehral CUA? 8 “KO To: Special kvestigator From: Chiet Thomas Charette Subl: Report on 13-153-AR/Booking Video Disc i504 ‘THURSDAY MAY 2°, 2013 APPROX O915HRS: ‘On Thursday, May 2°, 2013 at approx. o900hrs | read an emall | had received from Deputy Chief Wiliam Jib in regards to the above referenced arrest. nthe email DC Jebl informed me that on Wednesday, ‘April 22", 2023 (typo on his part actually April 23") he was in the Traffic Bureau speaking with Sgt. Jeronimo, While there, he could hear screaming and when he stepped out ofthe office he was In, he observed Ofe. Gagnon Viewing an afrest booking video (H504]. He stated that ag ha watched the video he observed Set. Dan Major appear to lose his composure and apply anid improper technique to an arrested femole (lator Kdntlfed as Maylene Maldonado}. The emval further stated that the folowing. morning he contacted Lt Nunes, Traffic Bureau Commander and requested he make a copy ofthat -video for him, as he (DC Jebb) was going on vacation that day, until Tuesday April 30”. He further states in the email that on Tuestlay April 20" ,after returning from vacation, he agaln spoke with Sgt. Jeronimo and asked why Ofc. Gagnon had been viewing that video, He was Informed by Sgt. Jeronimo that Oft. Gagnon had been making a copy ofthe video or the DA’s office and that t had already been sent out, He suggested to me, tn the emall, that [view the video and provide guidance to hint as to how! would lhe bim to proceed. A copy ofthe emaillsatteched, Upon reading the emall from DCJebb | immediately contacted Capt. Mark Gilbert, Commanding Otficer of the Midnight-Bam shift, Sgt. Major's CO and advised him of the complaint OC Jebb had lodged against Sgt, Major. instructed Cpt. Gilbert to obtain a copy of the booking video in question and conduct an Internal vestigation into the matter. He was further instructed to obtaln statements from anyone he ‘deemed pertinent to the Investigation and to contact me if he needed any further assistance inthis rmatter, also Informed Capt. Gilbert that he could contact DC Jebb for guidance if he felt that was recessory, although advised him that | preferred he leave the Deputy out of fif possible, ashe is the complainant and has a very poor relationship with Sgt. Major. TUESDAY MAY 7™, 2013 APPROX 1SOOHRS: on Tuesday, May 7% 2013 Lt. Nunes contacted me and informed me that he had just received a phone call from Karen Betourrey, Clty Soller, Ms Retourney was requesting copy of the arrest report (13- 4153-AR) that accompantes the booking video of Maylene Maldonado, {had heard an unverified rumor going around the station earlier in the day, from several officers including Capt. Mulse, that on Monday ‘May 6° while [was out of the butldng at CPR training, DC Jeb had an adéttional copy ofthe booking video th question made end hid brought it to City Hall, Once Lt, Nunes notified mé of Ms. Betourney's request, | realized that DC Jebb had in fact brought that booking video to Cty Hall without my permission, without notifying me in any manner atall and in clear.vioation of several Policies & 7 ae wibsal CIN? ‘0 “AO Procedures of the Chicopee Police Department. | krunediately contacted the Mayors Office and spoke \with Mayor Bissonnette, {told hin that | had just leaned that OC Jebb had lrought a copy of a booking, ‘video to City Hell, and turned itover to Ms. Betourney, without my knowledge or approval. The Mayor told me ine hd just viewed the video Iwas speaking of, {told the mayor that | was extremely upset that ‘DC Jebts had violated the Chain of Command by distributing a.copy ofthat video without my permission cor knowledge. further informed bim that DCJebb had done several things over the past 10 months, since have been assigned as the interim Pollce Chief, tn attempts to undermine oF compromise my authority. In those other matters, which I considered sometvhat damaging, but minor | took no

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