Allegation Summary

Complaint Number: CO 0210

On April 8,2010, the Mayor's Office received an anonymous email from an individual alleging theft by a Renton SWAT member. The email indicated that the SWAT sergeant and commander were aware of the theft and did not take any action to address the crime. Further email correspondence between Chief Milosevich and the anonymous party revealed that the alleged thief is Officer search warrant. who allegedly stole a Benchmade knife during the service of a

Based upon this information, the following allegations are being investigated: Officer -

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.P - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

Sergeant

and Commander

General Order 26.1.1.F - IMeglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department.

POLICE D E P A R T M E N T

Cityofy*

DATE: TO: FROM: SUBJECT:

June 1,2010 Officer Deputy Chief Chuck Marsalisi Internal CO 0210 - Additional Allegations

Commander Karlewicz has reviewed the internal investigation and has recommended additional allegations that are more specific to the behavior revealed in the investigation. The below listed allegations have been added to the investigation, which do notrequireany re-interview of any witnesses. If you have any additional information or statements that you would like to provide, please advise.me in writing no later than Wednesday, June 9 , 2Q10. Violation of General Order 26.1.1.XX - Arrest, Search and Seizure, "Officers shall not make any arrest, search, or seizure, which they know or should know, is not in accordance with the law and department policy/' Violation of General Order 26.1.1.LL- Processing Property and Evidence, "Property or evidence, which has been discovered, gathered, or received in connection with departmental responsibilities, will be processed in accordance with established departmental procedures. Members of the Police Department shall not solicit the sale of, convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence in connection with an investigation or other police action, except in accordance with established departmental procedure" If you have any questions, please feel free to contact me. I look response.
th

DqJuty Chief Chuck Marsalisi

Finding of Fact
Complaint Number CO 0210

1. Valley Narcotics Enforcement Team Detective Allan Baylor requested that the Valley SWAT team assist his investigation by serving a search warrant at 907 South 134 Street, Burien. 2. Among several members of the team assigned to execute the search warrant were Valley SWATmembers: and ^ m f ( A u b u m ) . 3. Commander Karlewicz was not present at the actual warrant service, but was supervising from an offsite command post. 4. The warrant location was a single family house, with the front yard separated from the public sidewalk by a 6' wooden fence. 5. 6. 7. 8. 9. Sergeant Officer Officer problems. was assigned to deal with the possibility of a hostile dog and to clear an area near a detached garage. Officer j m ^ w a s assigned to deal with the possibility of a hostile dog and to clear an area near a detached garage. O f f i c e r ^ m ^ w a s assigned to the entry team. 10. The search warrant was executed at approximately 1353 hours, on March 11, 2010. 11. Officer was assigned as the perimeter team leader. ( R e n t o n ) i J m g p (Renton),^^(Renton), (Renton),
th

mm^was assigned to assist in breaching the front fence/gate, should there be

ym|^f|said that after the scene was secure, he and Officer

were

standing outside, near some trash cans. 12. The trash cans were within the enclosed front yard, next to the 6' fence at the front property line. 13. O f f i c e r f f ^ ^ P s a i d that Officer a large trash can, and began to examine it. 14. OfficerjflHHkaid that he remembered that a knife was found, but was not sure of the circumstances. He believed that the knife could have been resting on an open trash can lid, that may have been flipped open. 15. Off
i c e r

picked up a knife from on top of the closed lid of

J ( H | | B said that he and O f f i c e r ^ f f had a brief conversation about the knife,

and that at one point he was holding it. He gave it back to O f f i c e r i ^ ^ f who placed it back on the trashcan. 16. Officer said that he was approached O f f i c e r s ^ ^ ^ ancr^^JJstanding near the trash cans. He recalled that O f f i c e r ^ ^ ^ ^ w a s holding the knife, and was handed the knife by one of them. 17. When initially interviewed by Deputy Chief Marsalisi, Officer l 4 f l f l R came over and picked up the knife from the top of the trash can.
s a i d t n a t

Officer

18. When interviewed by Detective Johnson, Officer if Officer put the knife down and Officer handed it directly to Officer 19. Officer J J j J ^ said that he believed that Officer 20. Officer

s a i d

that he could not remember

picked it up, or Officeq handed the knife to Officer

said that he did not remember who it was, but he was handed the knife.
t h a t h e w a s s t a n d i n

21. Officer H f l ^ a i d the knife.

o u t s

'

d e

the house and noticed Officer G where he got the knife.

olding

22. O f f i c e l i H t t said that he asked Officer 23. OfficerjHfcsaid that Officer 24. Officer

replied that he had found it.

said that based upon the condition of the knife and the proximity to the trash

cans, he assumed they found it in the garbage. 25. O f f i c e r d e s c r i b e d the knife as "an old beat up rusty knife/' with no value. 26. Officer described the knife as having appeared to have been left outside for a period of
5 3

time. The knife had rust and no handle, with a value bordering on zero. 27. O f f i c e r f l U ^ 28. Officer 29. Officer 30. Officer the team. 31. Officer 32. Officer pouch. 34. Officer of Officer said that he was standing on the porch and saw something shiny sticking out vest. and pulled the knife out. told him he what it was, and Officer said that he never had any intention to take the knife home. said that he placed the knife in his vest, in plain sight.
t h a t h e

^ that he did not recall rust on the knife, and estimated the value

between ten and twenty dollars. said that he felt the knife was garbage and was being thrown out, but could be made the decision to take the knife from the scene. said that in his opinion, he was scavenging the knife for use as a training aid for of use for training. He thought he could use a grinder to further dull the edges and tip.

33. O f f i c e r | ^ ^ s a i d

recalled Officer

placing the knife in his pistol magazine

35. O f f i c e i j U p s a i d that he walked up to Officer 36. O f f i c e r ^ B ^ a i d that he asked Officer had found it in the garbage can. 37. Officer
officer

38.

|^H| said that he told Officer

said that Officer

told him that he was going to put a handle on it. that he could not take it from the scene.

39. Off ice r f l f l j p said that about that time, someone called out that it was time to leave so they all went to board the SWAT Van. 40. Officer said that he did not remember having any conversation with Officer) take the knife from the scene. take the knife from the scene. regarding the knife. 41. Officer A ^ H H ^ p s a i d that he did not see Officer 42. Officer^^jHkaid that he did not see Officer 43. Officer conceal the knife.

said that he took the knife from the scene and never made any attempt to

44.45,

Officer^mp said that Officer

in the van.

never made any attempt to hide the knife, and may had the knife with him

have shown it to other officers inside the SWAT van.

Officers^^^f and^m^said that they saw that Officer

46, O f f i c e r s | ^ p | a n d j ^ ^ j j ^ s a i d that Officer did not attempt to hide the knife. 47. Sergeant said that he was inside the SWAT van and noticed the knife in Officer vest. 48. Sergeant the knife. 49. Sergeant 50. Sergeant a handle. 51. Sergeant said that one of the other SWAT officers asked Officer said that Officer said that Officer told him that he had found it. pulled the knife out, and he noticed it did not have where he got

said that based upon the brief look that he got at the knife; he did not

believe it had any value. 52. Officer said that he threw the knife in the back of his locker, to deal with later. 53. Officer^m^fsaid that he had concerns about Officer taking the knife, so he had went to Sergeant 54. Sergeant 55. ^ f l H f 56. Sergeant
c e

the next day. said that the day after the search warrant, Officer>^m^came to taking the knife.
h a s a f i , t e r w h e n s a i d

him with concerns about Officer

t h a t h e

shared his concerns with Sergeant said that because his history with Officer ^ ^ j ^ ^ h e

hearing information that comes from O f f i c e j ^ ^ J p ^ 57. Sergeant 58. Sergeant 59. Sergeant said that based upon the conversation he had with Officer ^ p ^ g he took the knife from the trash. said that his belief was that the knife had been thrown out. said that he did not view the taking of the knife as intent to deprive believed that Officer

anyone of property, but recognized that it was not an appropriate act. 60. Sergeant said that he suggested that O f f i c e r f ^ J ^ p s p e a k with Officer directly, and come back to him after he had done so. 61. Sergeant said that he had told Office r^m|fft hat he would speak to Officer that he wanted to speak to was going to check back after Officer J ^ ^ } r e t u r n e d to him. 62. Officer fmH^said that he had told Sergean Officer icer 63. Off 64.

fl m
C e r

before Sergeant

did.

said that it was his belief that Sergeant

with him, to see how the talk went. confronted Officer bout taking the knife. 65. Officer said that O f f i c e r f l ^ ^ H h spoke to him about the knife. 66. Both Officer and O f f i c e r | B f stated that at the end of the conversation, there was no resolution as to the appropriateness of taking the knife. 67. O f f i c e r ^ m ^ s a i d that about a week later, Sergeant spoken with Officer asked him if he had
0 f f

'

4 H B

t h a t

h e

he ihared that he and Officer Officer did not come to a mutual understanding regarding the appropriateness of actions.

Officer 72. Sergeant 73. Sergeant said that he spoke with Officer about the incident. said that he based upon his original belief of the knife coming from the

garbage, that he knew what had happened, so he didn't ask any clarifying questions of Officer 74. Sergeant 75. Officer 76. Officer said that he addressed the action of taking the knife from the scene, as said that in his conversation with Sergeant said that Sergeant and Officer there were no specific

opposed to the circumstances upon which he came into possession. exchanges about where the knife came from. explained why his actions were inappropriate, and agreed that Sergeant directed Officer he was at that he received a better understanding of the issue. 77. Both Sergeant 78. Officer to either give the knife to the SWAT training officer or throw it away. said that a few hours after his conversation with Sergeant
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the station, he disposed of the knife by throwing it in the locker room trash can. 79. In O f f i c e r ^ p m ^ f i n i t i a l interview, he said that until April 14 , he did not know if Sergeant party. 80. In ^
cer

had spoken with Officer

and that the information came from a third

Offi 4|IHlt second interview, he said that he had a conversation with Sergeant
in which Sergeant told him that he had spoken with Officer told everybody that he had spoken to Officer and told them that he had addressed the issue, but could not remember the exact

81. Officei (HP said that Sergeant

timing in relation to the start up of the internal investigation. 82. Sergeant 83. Sergeant incident. 84. Officer! 85. Officer! 86. Officer aid that he did not bring this incident to the attention of Commander t said that he did not bring this incident to the attention of Commander [said that he did not bring this incident to the attention of Commander said that up until he learned about the email to the Mayor, he believed said that prior to learning about the email, and the investigation, he did flHHbf the the issue was settled to everyone's satisfaction. not realize the gravity of the situation, so he had not advised Commanderl

87. Officer

said that he did not bring this incident to the attention of Commander
s a i d t h a t h e

88. Commander ^ | ^ B

did

n o t

have knowledge of the incident, until I inquired

and he received information from Officeij^BB and Sergeant

CO 02 10

Investigation Summary

Complaint Number CO 0210 4/8/10 Chief Milosevich shared with me that the Mayor's Office had received an anonymous complaint, via email. The complaint alleged a theft by one of Renton's SWAT members, that the sergeant and commander were aware and weren't doing anything about it. The email s e r ^ j ^ ^ ^ ^ a s ^ ^ y m o u s complaint" with a return email of

4/8/10

The Chief sent a response to ' ^ ^ ^ ^ p p i thanking him forthe information and asking for specifics that would enable us to narrow the complaint down to a specific incident date and time. TheChief received a response to his request. The email sender's name was listed as flH ^PP Although the email indicated who the SWAT officer was and what the item was, it did not provide information on when or where the alleged incident occurred.
ItwasOfficer stole a benchmadefrom a search warrant. Sgt is Ignoring it Cmdr PPB*/i<75 been made aware, it's hard to work together with such a thing because 1 don't know what wiil happen next time or happens other times. If questioned, I'll gladly tell the details in person, but wont come forward without everyone getting interviewed. Hard enough as it is.

4/8/10

4/8/10 ' 4/14/10

Chief Milosevich sent a reply, asking for more details however did not receive any response. With no further response from doorkicker23,1 contacted C o m m a n d e r ^ H p | a n d asked him if he had any idea what the complainant was talking about. Commander < *said that he did not, but since he was implicated as a possible suspect he demanded an internal be done. Commander ;^^J|pcontacted me and told me that he had asked Officer ^P<f he knew anything about Officer a knife, and a search warrant. OfficerfP^ad shared with him that he recalled that Officer had found a knife in a trash can, after the service of a search warrant in Des Moines, and he had seen him playing with it. Commander ^^P^contacted me and told me that he had spoken to Sergeant Sergeant had told him that he was aware of the incident. He said that Sergeant had not shared the incident with him because felt that he had dealt . with it appropriately. Sergeant said that the issue was brought to his attention by 0m a k e s u r e Officer^PPPPI he dealt with it and later checked with Officer that it was settled to his satisfaction.

4/14/10

4/14/10

PPPPP*

4/15/10 4/15/10

I was officially assigned to conduct this formal internal investigation. Officer Sergeant and Commander j ^ U ^ w e r e formally notified in writing that there was an investigation and they were the subject of the allegations. Page 1 of 10

CO 02 10

4/15/10

Officers ^ i ^ ^ l t t f with notification that they were witnesses in the investigation^ncHAlere scheduled to be interviewed on 4/16/10. 1 conducted interview of O f f i c e n ^ ^ J j . O f f i c e i ' | u j ^ t o l d me the following information: He was assigned to the entry team, Afterwards, he was standing on the porch and noticed something shiny sticking out of Officer vest. He walked up to Officer He asked Officer the garbage can. and pulled the knife out of the vest. told him that he had found it in what it was. Officer

s e r v e d

4/16/10

He asked Officer what he was going to do with it. Officer told him that he was going to take it and put a handle on it. He indicated to O f f i c e r ^ ^ ^ t h a t he figured they were going to throw it away. He said that he told Officer that he can't take it. About the same time, someone called out that it was time to load up and leave. At no time did Officer attempt to hide the knife, or the fact that he had it. He had a conversation with Sergeant about Officer and the knife. He said the Sergeant told everybody that he had talked to Officer and that what Officer had done was not the right thing. Sergeant said that the knife was going to John Clary, the SWAT training coordinator, to be used as a training aid. He did not have any conversation with Commander ( ^ ^ ^ ^ b o u t the incident, and he didn't believe that anyone had.

4/16/10

1 conducted interview of Officer O f f i c e r ^ l ^ t o l d me the following information: He had assisted in the search warrant. His assignment was on the entry team. He told me that when he came back outside of the house, he stood next to Officer in the front yard. He noticed Officer with the knife and he inquired as to where Officer obtained the knife. Officer told him that he found it At no time did Officer try to secret the knife or hide the fact that he had it. He did not know that Officer had taken the knife off of the property until O f f i c e r p | p pointed it out.
[

He did not bring this to the attention of Sergeant or Commander and had not discussed it with anyone until the past week.

4/16/10

1 conducted interview of Office r J ^ ^ J Q . O f f i c e | ^ p p p f s told me the following information: He assisted on the search warrant. His assignment was to assist with the gate on the front of the residence. He told me that after the warrant was served, that he was in the front yard area of the residence. There was a large 90 gallon trashcan, with a flip top lid, on the property near the gate, He said that the top the trashcan was closed, that it was within the fenced yard, and that it would not have been visible from outside the property due to the fence. He estimated that the fence was six feet high. Page 2 of 10

CO 0210

While standing there with an Auburn team member, he believes is named he saw pick up a knife off of the top of the closed trashcan. Officer was looking at the knife and they had a brief conversation about it. At one point, Officer l ^ p l a i c l that he was holding the knife, and then gave it back to Officer Officer set the knife back down, onto the close lid of the trashcan. After the knife had been set down, Officer picked it up and began looking at it. He and Officer had a brief conversation about the condition of the knife, and that Officer talked about making a new handle for it. Officerj^P^pptold him that even wrapping it in 550 cord would work. He said that he never saw Officer put the knife back. He later noticed, once in the SWAT van, that Officer still had the knife on his person.^^^^^^ O f f i c e r f l ^ m p s a i d that there was some discussion inside the van by Officer reference making a bone handle for it. He said that it bothered him all night, and the next day he spoke with Sergeant He said that he asked Sergeant if he HHpP|p:ould talk to Officer about the issue. Sergeant saicTthat it was okay to speak to him. O f f i c e r | H | ^ | p s a i d that he spoke to Officer about the knife. He said that Officer told him that he thought the team could use it during down time at the range, something the team could mess around with. Officer . f ^ H f l p a i d ^at he told Officer that it wasn't theirs to take. He said tfiat he didn't remember Officer exact response, but it was along the lines of "well that's your opinion." He said that there was a mix up on who was going to re-contact who, in his conversation with Sergeant so it was a week or two before he and Sergeant^ discussed the issue again. Officerjpfl^psaid that he told Sergeant that he wasn't sure if Officer was blowing him off or taking it seriously. Up until Wednesday (Aprill4th) he did not know if Sergeant had spoken with Officer about the incident. He has since found out through a third party that he had. He stated that he believes that Officer has the knife at his house. Officerl^mJfeaid that he has not mentioned the incident to Commander ^PPH^ nor was he aware that anyone else had.

4/19/10

1 met with Chief Milosevich and updated him on the information provided by Officers

4/19/10

1 reviewed the Valley SWAT after action report, which contained photographs of the search warrant location. The photoeTaj^ from the street/public area showed a wood fence, consistent with Officer JH^Ppdescription. It was difficult from the picture to tell the height of the fence, however it did appear to be at least 5' high.

Page 3 of 10

CO 0210

4/19/10

1 spoke with Federal Way Acting D/C Neal about arranging an interview time with Federal Way O f f i c e r ^ H ^ He is going to have someone find out the work schedule and give me a call back. 1 checked with Auburn, to arrange an interview with O f f i c e r j ^ ^ m i FMLA but may be returning soon. 1 was told that he is normally assigned to day shift, working for Commander Stocker. Sherry provided me the completed transcripts from the interviews with Officers'
H e i s o u t

4/19/10

4/19/10

M l
4/19/10

i H B
th

1 spoke with Office r^|^J)n the phone. He is out of town, but we made a tentative agreement to get together on Wednesday, April 28 . 206. The Chief and 1 briefed the Mayor on the investigation. Iprovjded copies of the originakomplaint (email) and official allegations to Commander m Commander V H f l w m a d e arrangements to meet with Sergeant and Officer and provid^hemwith copies of the original complaint and official allegations. In addition, all three were served notice of scheduled interviews: Commander 4/22/10 at 1000 hrs Sergeant - 4/23/10 at 1000 hrs Officer 4/23/10 at 1600 hrs 1 interviewed Comma n d e r ^ p j p ) ' i n my office. Commander ^H^) told me: He had no knowledge of the issue, until 1 approached him in the middle of last week. He said that nobody had shared the information with him, and looking back he could not see any hints or signals that he missed. He said that O f f i c e r ^ p U ^ ^ r o d e in his vehicle, after the search warrant, and he did not notice anything wrong or suspicious.

4/21/10 4/21/10

4/22/10

4/22/10 1 spoke with Chief Milosevich and we agreed that the criminal allegation was significant enough to have an outside agency conduct the criminal portion. The Chief said that he would make contact and obtain an outside investigator. We also agreed that due to the allegation, that Officer should be placed on administrative leave. 1 informed Commander Karlewicz to advise Sergean n and Office that their interviews had been cancelled. 1 scheduled a meeting with Commander Karlewicz and Officer for 1000 hrs on 4/23/10. 1 received notification that Bellevue Detective Brad Thompson will be conducting the criminal portion of the investigation. 1 met with Commander Karlewicz and Office d. 1 placed Offic uld on administrative leave with pay, pending the results of the investigation, 1 provided him a memorandum from Chief Milosevich with the terms and conditions. Page 4 of 10

4/22/10 .

4/22/10

4/23/10

CO 02 10

4/23/10 4/27/10

1 prepared copies of the investigation to this point, to provide to Detective Thompson, The Chief and 1 met with Bellevue Lt. Jim Hershey and Detective Jerry Johnson. We discussed the information that we had and handed the criminal investigation over to them. Detective Johnson met with the Chief, Deputy Chief Troxel, and 1 . He provided a packet with his completed investigation and a decline from the King County Prosecutor's Office. Officer was contacted by the Chief and returned to full duty, with a restriction from SWAT activities, effective 5/6/10. 1 began reviewing the packet that Detective Johnson had provided. The packet indicated that Detective Johnson hacMn^erviewed Officer | ^ ^ m p ^ ( A u b u r n PD) on 4/28/10. During that interview, OfficerPJJJjprovided ' following information: That he was assigned to the search warrant That he recalled that he and O f f i c e r - ^ J ^ I p had been standing out in front of the residence. That a knife was found, however he could not remember exactly under what circumstances. He believed that the knife could have been sitting on the inside of the open lid, which he believed could have been flipped open possibly resting on something else. He described the knife as "an old beat up rusty knife," with no value.
t i e

5/5/10

5/5/10

5/6/10

He believes that Officer i j j | ^ p ^ | h a n d e d the knife to Officer He recalled Officer remarking that it would be a good knife to have for training. He recalled Officer placing the knife in his pistol magazine pouch. He said that Officer made no attempt to hide the fact that he took the knife, and possibly showed other SWAT officers in the van, while in transit away from the scene.

The packet indicated that Detective Johnson had interviewed Sergeant on 4/28/10. During that interview, Sergeant provided the following information: He was assigned as the perimeter team leader for the warrant service. He did not have any firsthand knowledge of Officer taking a knife. He was told of it later. He did remember seeing Officer with the knife, until after the warrant service, as they were leaving the scene in the Auburn's SWAT van. He observed the knife in Office vest. One of the other Auburn members asked Officer "Hey, where'd you get that?" Officer replied, "Oh, 1 found it." Officer had pulled the knife out, with did not have a handle. He did not get a good look at the knife, but estimated that it had no value. That was his total involvement on the day of the search warrant. The next day, March 12 , OfficerflH|Mtfapproached him and said that he was uncomfortable with the fact that Offixe^ould had taken the knife.
th

Page 5 of 10

CO 02 10

Officer I H H H f r o l d him that he wanted to talk to Officer himself, but felt obligated to share the information with him (Sergeant He did not have a clear understanding at that time, where the knife had come from and still believed it ha^ome from the trash. He directed Officer W I B f S ahead and talk with Officer then come back and let him know how it w e n t . ^ ^ ^ ^ ^ He did not hear back from O f f i c e i ^ j ^ ^ ( p , and a week later he had an opportunitytoa^Officerj I ^ J ^ p h o w i t w e n t . Officer that he had talked with Officer and that they viewed the incident differently, and had agreed to disagree. He said that he told Officer^m^^that he was going to talk to Officer At this point, he still believed the knife had been dug out of the trash.
t 0

fmm^aid

He spoke with Officer

a couple days later.

In his conversation with Officer that he did not ask enough clarifying . questions.about where the knife came from, since he believed he knew it came from the trash. He shared with Officer that the knife was not his to keep. He directed Officer to throw it back into the garbage, give it back, or give it to Officer Clary (the SWAT Training Officer), Officer told him that there was no intent to steal the knife, said that it was poor judgment, and that he should not have removed the knife. Officer said that he owed some people some apologies and that he was going to address the entire team about it. He said that once the internal started, he went to go get the knife from Officer but Officer told him that he had thrown the knife away the same day as their initial conversation.

The packet indicated that Detective Johnsonha^ntem Officer i H H B o n 4/29/10. During that interview, O f f i c e 4 j | H ^ B V provided essentially the same information he provided to me, with the following exceptions/additions/clarifications: He did not recall rust on the knife, The value of the knife was estimated at "10,15, 20 bucks/ He couldn't remember if O f f i c e p H ^ ^ p u t the knife down and Officer picked it up, or if handed the knife straight to Officer
7

The packet indicated that Detective Johnson had interviewed Officer Officer provided the following information during the interview:
c e r

on 4/30/10.

He was assigned to take part in the warrant service on the outside perimeter. After the scene was secure, he had contact with f f ' -fl|Hj| 4|^HM near some garbage containers. He believed that Officer fl^^^H had the knife. The three of them stood there and were just talking, waiting for a ride out. He didn't remember the exact conversation regarding the knife, or who handed it to him. He assumed since they were standing next to the garbage can and that it was in pretty rough shape, they found it there. He tried flipping it onto the fence, to see if it would stick. It was clear to him that the knife had not been brought in by the SWAT team. Page 6 of 10
a n

CO 0210

The knife was 12" -13" long with rust. It appeared to have been left out for a period of time and had no grip handle. It was his belief that the knife was garbage, but could be used as a training aid during scenarios. He took the knife from the scene, placing it in his vest, in plain sight. He had no intention to bring it home or keep it for personal use. At sometime later, he threw the knife in the back of his locker at work. His intent was to later use the grinder (on P2) to grind the point off and dull it down. The talk about putting another handle on it was to make it easier to handle during scenarios. Officer^m^had a conversation with him that day or the next. The conversation ended without agreement, but that he understood where Officer coming from. ;

^ m m ^ / a s

After the conversation, he took no action to do anything with the knife; he just left it in his locker. He had a conversation with Sergeant He was directed by Sergeant rid of it. The knife was still in his locker. Within the next few hours, he was at the police station and put it in the garbage can in the locker room. He never, at any point, took the knife home. He valued the knife as "bordering on zero." It was never his intention to deprive anybody of the knife. about a week later. to either give it to "the training guy" or get

During Detective Johnson's investigation, he attempted to locate and contact the narcotics case defendant, . His attempt was unsuccessful. Detective Johnson and Lieutenant Hershey presented the case to the City of Burien Prosecutor Renee Walls. Prosecutor Walls reviewed the case and declined to file charges. She cited several concerns in going forward with prosecution, including the lack of intent to commit theft. 5/10/10 1 attempted to contact VNET Detective Allan Baylor/the case detective forthe search warrant, to determine the status of residency in the house at the time of the warrant. He is in training in Texas all week. 1 left a voice mail. Sergeant was advised that 1 wanted to conduct an interview on Tuesday, May 18 , at 1300 hours. His notification forms were left in Commander Karlewicz' office. Officer was advised via email that I wanted to conduct an interview on Thursday, May 13 , at 1630 hours.
th th

5/10/10

5/11/10

1 received signed notification forms back, via interoffice envelope, from Sergeant Officer came into my office and signed his notification forms. 1 had telephone contact with VNET Detective Allan Baylor, Detective Baylor told me that the home at the search warrant location was being lived in by one of the defendants, and was Page 7 of 10

5/11/10

CO 0210

not rented for the sole use of maintaining a marijuana grow; 5/11/10 1 met with Chief Milosevich and updated him on the progress. The original due date for the investigation was May 14 ; however 1 requested a two week extension for completion of the investigation portion of the process. Chief Milosevich approved my request.
th

5/13/10

1 conducted an interview with Offic d. My purpose was to clarify and obtain information for the internal portion of this interview, which was not clear or asked during the criminal investigation by Detective Johnson. During the interview, Officer seemed honest and forthcoming in answering the questions asked. Officer provided the following information: It was his opinion that the knife was garbage and that he was scavenging the knife for use as a training prop, by the team. '^^^^ Officer said that he did not remember O f f i c e r f J ^ p u l l i n g the knife out of his vest, or any conversation involving Officer J H B B a t t h e s c e n e . After discussing the issue with Office r M B B j ^ B h e did not have much of a change in his mindset. ^^^^^^ After discussing the issue with Sergeant he had a better understanding that it was inappropriate for him to take the knife. He said that during the discussion, there was no specific exchange about exactly where the knife came from, just that it was from the garbage.

5/18/10

1 conducted an interview with Sergean n. My purpose was to clarify and obtain information for the internal portion of this interview, which was not clear or asked during the criminal investigation by Detective Johnson. During the interview, Sergeant seemed honest and forthcoming in answering the questions asked. Sergeant provided the following information: When he initially saw Officer with the knife, he overheard Officer another officer that he had found the knife. tell

He was not curious about the knife, once he heard Officer say that he found it. ^ He said that when Officer H M h c a m e to him the next day, O f f i c e r A ^ ^ told him that Officer Hrao^aken the knife from the garbage can on the property, after they had served the search warrant. told him that he viewed the taking of the knife as a theft, and he shared with Officer ^ f r that he thought it was inappropriate, but not a theft. ^ ^ ^ ^

Officer^jm^

He told Office A M H ^ I t h a t he should go talk to Officer to make sure they understoo^a^^herTand then come back and let him know how it went. O f f i c e r ^ H I H ^ l i d not return to him, so a week later he asked Officer if he had spoken with. Officer _ Based upon the conversation, he told Officer j ^ H f l f c h a t he was going to speak to Officer and clarify his expectations on a search warrant. He met with Officer the next week and had a discussion about the knife. He said that he asked Officer about the knife, but didn't ask specifics about where the knife came from, because he thought he knew the knife came from the Page 8 of 10

CO 0210

trash. He said that he feels that he under reacted, to the situation, although he said that the message was filtered based upon previous interaction and history with Officer i H H f t o r interviews

5/19/10

Provided copies of interview notification to Officers ^ | ^ n d on5/20/10.

5/20/10

1 interviewed Officer ^|j|^^to clarify some timeline issues. Officei^^^Bshared the following information: ^ ^ ^ ^
(

He could not remember exactly when Sergeant addressed the Renton SWAT members. He believes that it was either just before the internal investigation started or the same day. He could only be sure that it was before anyone had been interviewed for the internal investigation. When Sergeant addressed the Renton SWAT members, Officer ^ ^ B f c w a s not present. Herola^ne that the day of the incident, at the time he had the conversation with Officer about not taking the knife, that Officer ^ ^ j ^ w a s not present.

5/20/10

1 interviewed Officer ^pm ^[to clarify some timeline issues. Officerfl|^HHHfshared the following information: He had a conversation with Sergeant after becoming aware of the internal investigation, in which Sergeant told him that he had addressed the issue with Officer He said that he found out one day prior to his original interview that the knife had been disposed of. ^ He said did not see O f f i c e r ^ m ^ n d have a conversation in the area of the trash cans, on the day of the incident. He said that he had been given another assignment and left the area early.

5/21/10 5/24/10

1 submitted the investigation to Chief Milosevich to review for completeness. 1 received notification that Chief Milosevich had reviewed the internal and accepted it as complete. It was forwarded to Commander Karlewicz for review and recommendations. 1 received the investigation from Commander Karlewicz, who suggested the addition of two allegations. 1 agreed and provided Office ld with the notification of the addition, along with an opportunity to provide additional information. 1 received an email from Office provide additional information, ld stating that he wanted to waive the opportunity to

6/1/10

6/1/10

6/10/10

1 provided both Sergean n and Office ld with copies of the completed investigation, along with a memorandum offering to meet with them to discuss any additional information they may have to share, prior to my discipline recommendation to the Chief. They were given until 6/17/10 to schedule an appointment, if they desired to meet with me.

Page 9 of 10

CO 0210

6/10/10 6/18/10

Received email from Sergeant

stating he did not want to meet

After not being contacted by Officer requesting meeting, 1 completed my recommendations^and forwarded them to the Chief.

Page 10 of 10

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION CO 0210

Complaint Number

Today's date is AprU l \ 2 0 1 0 a t [Q>oo hours, I am Deputy Chief Chuck Marsalisi interviewing Officer mm|regarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010.
th

Officer

d o

y understand that this conversation is being tape recorded?

or No)

Officer you are here as a witness in the above listed complaint, a matter which concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. Officer wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must tmthfully respond. Any refusal to respond may result in disciplinary action as outlined h\General Orders Section 26.1.

Deputy Chief Marsalisi

S T A T E M E N T OF

COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Pplice Department MARSALISI:

DATE: April 16, 2010 1600

I'm Deputy Chief Chuck Marsalisi interviewing O f f i c e r i J P J B J P r e g a r d i n g a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Officer ^]do you understand this conversation is being tape-recorded? Yes,
th

MARSALISI:

r f l M H f t you are here as a witness in the above-listed complaint. A Officer! matter another officer. A complaint has not been filed r w^TITTbncerns wnicr^o

n
Yes, MARSALISI: a copy. Okay. MARSALISI:

against you and you are not under investigation in this matter. Officer l wish to advise you that you are being questioned as part of an nvestigation of the Renton Police Department. You are reminded

that section 26.1 Insubordination and Truthfulness of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Order Section 26.1. Do you understand that?

Okay, could I just get your signature on that one there and then I will give you

They are both the same so whichever one you want to sign. All right, let's kind of just jump into this. Um, how long have you been a commissioned law enforcement officer? Uh, a little over three years. Do you want the exact month?

MARSALISI:

No, that's fine. Were you on duty in a SWAT capacity on Thursday, March 11 of this year? Yes, sir.
th

MARSALISI:

Did you assist with the service of a search warrant at 907 South 134 Street in Burien?

th

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-luj

STATEMENT OF

Yes. MARSALISI: Without going into great detail, um, do you remember what your assignment was? I was assigned to the entry team. MARSALISI: As far as you remember everything seemed to go well with the warrant. There were no issues that would stand out in your mind as far as the actual service of the warrant. No, it went well. MARSALISI: Okay, um, do you remember what other officers from Renton were also assisting? I know sorry. MARSALISI: Okay, at any time during the warrant service or afterwards, did you see Officer Yes. MARSALISI: Can you tell me the circumstances which caused you to be aware of; I was uh standing on the front porch of the residence giving outside security ^ M ^ ^ while the secondary was being conducted. Um, happened to see standing in the front yard near the exit, vehicle exit gate from the yard. I noticed something shiny sticking in his vest. Typically we don't have shiny stuff sticking out of our vests. So, that's when I first noticed the knife. MARSALISI: Did you have an occasion later to see it up close or um I did. MARSALISI: Can you describe the knife for me. It was maybe 10 inches long, silver, dual blade on both sides, kind of like a dagger type knife. No handle on it It had a flat round bottom to it The playing with or displaying any type of knife?

j^HHHiBf was there, Chad Karlewicz was at the CD

I believe that is it. O h , ^ ^ H J j w a s there as well,

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-'

STATEMENTOF

bottom of the handle where the handle would be and it was a SOG brand knife. MARSALISI: Did he say anything about the knife or - tell you anything about the story of how he got the knife, or why he had it? Yes, I walked up to him, I pulled it out of his vest, and asked him what it was because I'd never seen it before and he goes well I found it over in the garbage can and so the conversation kind of went on, I said, what are you going to do with it? He said, well I'm going to take it and you know put a handle on it. It's a good knife, it's a SOG, looks like it's a good knife and it was in the trash. I figured they were going to throw it away. And my response was well, you can't take stuff from a search warrant. That's what separates us from the people we serve search warrants on. And he goes, well, it was in the trash and I said, well you know you can't do that and about that time somebody said, hey we're loading up and getting on the bear cat. So, at that point, I went and got on the bear cat and that was the full extent of my interaction which was less than a minute. MARSALISI: So when you had a discussion with him over the fact that he found it in the garbage can. Did you see the garbage can? Did he indicate where the garbage can was or? No, sir. MARSALISI: So, did you see one out by the road, inside the fenced area, by the house, do you recall at all? I don't not with anything that sticks out in my head. MARSALISI: At any time did it appear that Officer he had the knife? No, it was sticking in plain view on his vest. MARSALISI: I think you probably already answered this one to some extent, but you know, personally, you know, your feelings about Officer knife from the garbage can. Yep. MARSALISI: In fact, that's where it came from. taking the attempted to hide the fact that

(SS/H:PDADMIN:$HERRY:Complaints/CO-02-10]

STATEMENT OF

Um, I don't agree with it Just I , like I said before, it's kinda what separates us* from the people that we service, provide service to so it's just, it's the same as if you know you go to any dope house you've ever been into and you see a 50 inch plasma there and you know that they're never going to make a complaint if it's gone and that doesn't make it right. I don't agree with it. I don't think that his intent was to steal the knife. I think that he truly thought it was trash, but again, who's to say that trash can wasn't a storage bin. MARSALISI: Did you share your opinions with anybody else? I did. MARSALISI: Um, who? Uh," MARSALISI: Anybody else? I t h i n k ^ m f t h e only one that I've on the way h o m e j H B ^ n d I carpool together and so I just asked him if he, if he saw it and what his thoughts were on it and he agreed with me and he made reference that he was goingto talk to about it and I said, okay, well, if you're going to bring it up to J h g r l won't. I'll let you bring it up to him and that way - people think that i ^ B a n d I share the same brain so, l ^ m f b r i n g it up to him and see where it went from there. MARSALISI: So did you personally discuss it with Sergeant After m ^ i a d , I talked to talked to us about it. MARSALISI: y about it When y actually came and

What happened with Commander^ never talked to Commander ^ ^ a b o u t it.

MARSALISI:

When you talked with Sergeant That he was going to talk to interaction.

what was his response? about it and that was pretty much the

MARSALISI:

Did you ever hear back from him on it?

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-ll

STATEMENTOF

He did, yes he actually followed up with everybody and said that he had talked to about and told him that he didn't agree with it and that we shouldn't be doing that and that what they were going to do is, the knife was going to go to John Clary who's our training coordinator for Valley SWAT from Federal Way and it was going to become a training aid for the team. MARSALISI: So based on, based on that, at the time, um, did you feel that the incident was handles I guess to your satisfaction? Yeah, I guess you could say that, I mean, what else, what other, could you, what else could you do I mean. Sergeant n wasn't aware of it when it happened it, and what do you, take it back and put back at the house, that's the same as if you shoplift say, my bad, I'll put this stuff back, and so I think it was handled appropriately, the best that MARSALISI: could.

I asked you this before, but I just want to make sure and try to figure out what the scope of this is, but um, have you shared this occurrence or your opinion with any department employees outside your division? Yes.

MARSALISI:

Who have you shared this with? Todd Frazier.

MARSALISI:

And what was his response? That I should bring it up t

MARSALISI:

Anybody outside of Spec Ops? No.

MARSALISI:

Other than personally speaking with Sergeant

um, or Commander

^ H m ^ c a u s e you've already indicated that - do you know if anyone else spoke with either one of those people about the incident? I know! MARSALISI: And he spoke to -

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-iJ

STATEMENT OF

MARSALISI:

Do you know if anybody spoke specifically to Commander I don't think anybody did? I know for a fact that j ^ | m ^ m d i d n ' t because he was using the chain of command like we should, he went to the first line supervisor.

MARSALISI:

I'm done, that's all I needed. Do you have anything that you want to add that I didn't ask that you think is important that we should be aware of or anything else? I don't think so.

MARSALISI:

Okay, now it's now approximately 1611 and we're going off the record. The interview is concluded.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-1

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION CO 02 10

Complaint Number

Today's date is April 16 , 2010 at hours. I am Deputy Chief Chuck Marsalisi interviewing Officer regarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010.
th

th

Officer

do you understand that this conversation is being tape recorded? (e>or No)

Officer you are here as a witness in the above listed cpmplaint, a matter which concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. Officer j^P, I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthftilly respond. Any refusal to respond may result in disciplinary action as outlined in General Orders Section 26.1.

STATEMENT OF

COMPLAINT NUMBER: CO-02-10INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department
MARSALISI:

DATE: April 16, 2010 1645

I'm Deputy Chief Chuck Marsalisi interviewing O f f i c e r ^ | ^ m ^ r e g a r d i n g a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Officer [do you understand this conversation is being tape-recorded? Yes.
th

MARSALISI:

Office i f ^ ^ you are here as a witness in the above-listed complaint. A matter which concerns another officer. A complaint has not been filed against you and you are not under investigation in this matter. Officer I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that section 26.1 Insubordination and Truthfulness of Renton Police Department General Orders do apply in this matter and that you must truthfully respond.

Any refusal to respond may result in disciplinary action as outlined in General Order 26.1. Do you understand that? Yes.

MARSALISI:

Okay, I have basically a copy of the form that I just read out so if you could sign one copy and you can keep the other copy. Perfect, thank you. Okay, how long have you been a commissioned law enforcement officer? Uhhh, a couple weeks, 15 years.

MARSALISI:

Almost 15 years. Um, were you on duty in a SWAT capacity on Thursday, March 11, 2010? Yes.

MARSALISI:

Did you assist with the service of a search warrant, at 907 S 134 Street in Burien? Yes.

th

MARSALISI:

Without going into great detail, do you remember what your assignment was?

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10^l

STATEMENT OF

I was a entry officer. MARSALISI: Okay, do you recall what other officers from Renton were also assisting you? Uhh, Officer, or Sergeant Officer| MARSALISI: Officer Officer! and

At any time during the warrant service or afterwards did you see Officer playing with or displaying a knife? Yes.

MARSALISI:

And can you tell me what caused you to notice that? I was just standing right next to hjm and he was holding this, it was a knife with no handle on it.

MARSALISI:

Where were you guys standing at this point? We were up at the front of the house on the one side by the stairwell going up towards the main entrance.

MARSALISI:

And so he had the knife and what was he doing with it? He was just fiddling with it. Holding it

MARSALISI:

And what did you, do you recall what it looked like? Can you describe it for me? It was silver, maybe, if I recall correct, maybe six inches long, didn't have a handle on it and uh yeah, he was just playing with it, holding it in his hands, you know turning it back and forth, and what have you.

MARSALISI:

Okay. Did he say anything to you about it? The best I recall, the only conversation I had with him with that knife was that I said, "Hey, where'd you get that?" He said, " I found it" And he says, Ahhh, it's a good knife, it's just missing a handle, I just have to you know furnish a handle to it

MARSALISI:

Did he say where he found it?

(SS/H:PDADMIN:SHERRY:Complamts/CO-02-l( |

STATEMENT OF

No. MARSALISI: Was there any other conversation that you had with him about the knife at that time? No, no. MARSALISI: You say the knife was six inches. Is that the blade, or the overall length. Probably the blade, and then the handle might have been another three to four. MARSALISI: Okay. So you didn't see where he found the knife? No. MARSALISI: Not a clue. Do you recall there being garbage cans around the area you were standing? Not, I don't recall where I was standing, no. MARSALISI: Okay, do you recall on the, where they might have been on the property? I don't, my, my assignment was I came off the bearcat I believe, and then the main entry into the front. We came up some stairs, and then made a left, like an "L", came up to the stairs, made our entry and I remember the grow, we came out, we huddled at the front, I saw Office ld there with the knife, and then made that brief conversation with him, and then we were told to load up and I believe I loaded back up into the bearcat and we left. MARSALISI: So it was a single-family residence? Yes. MARSALISI: Okay. At any time did it appear to you that Officer tried to hide the

knife or hide the fact that he had it or was trying to be secretive? No. MARSALISI: Okay. I'm goingto ask you about your personal feelings. Um, because it kind of plays a little bit of a part in here, but what personal feelings did you have about him having the knife?

(SS/H:PDADMIN:SHERRY:CompIaints/CO-02-10j

STATEMENT OF

I was curious where he got it, but I didn't really get into that much detail with it. I didn't know where he found it. I would assume -1 would have assumed that he probably found it somewhere there because he didn't have it when we got out of the van. MARSALISI: Okay, did you feel that it was appropriate, inappropriate. Inappropriate. MARSALISI: Did you feel it, did you feel it was a theft, or questionable, or, I mean, what would you, how would you label I wouldn't have thought of it as a theft, but I wouldn't have done that myself, I thought that that was not something that an officer should have done. MARSALISI: Did you have any discussions with anybody else about the incident? Uhh, I didn't know that he actually took it off the property at that time. It wasn't until later. O f f i c e r ^ J ^ c a m e P
U t 0 m e a n d t 0 , d m e t h a t

Officer

had taken the knife and that he had talked to him and Officer P m f p h a d talked to him and that both - Officer ^ U n e x p r e s s e d to me how uncomfortable he was about it and thought it was morally and ethically wrong to have done that and that it was bothering him and that uh Officer MARSALISI: H^HB^' - ^
1 e s a m e w a

V*

Anybody else on the team, not necessarily Renton's team, but ~ Not, no, I hadn't talked to anybody else about it.

MARSALISI:

Did you have a discussion with Sergeant

about it at any time. I

understand that there may have been discussions in the last week or so, but

Prior to the last week, I have not. MARSALISI: MARSALISI: Prior to the last week. Okay, how about Commandei Prior to this all coming? Did you bring it to his attention?

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10.

STATEMENT OF

MARSALISI:

Prior to this all? No, I did not.

MARSALISI:

Okay, um, we kind of already talked about whether or not you felt it was theft. Just for clarification do you feel, you didn't feel it was theft especially at the time, but after you heard the rest of the story from

Officerf^U^nd

Officer^mi^^did

change your thought on whether or not it was

appropriate, or a theft, or? I still don't think it would be a theft, but I still believe it was inappropriate and should not have been done, I don't think Office from somebody. I've known Officer known him to be a thief. MARSALISI: So other than thaiTjI^discussions you had with Officer j B ^ J a n d Officer V discussed it with anybody else outside like say Spec Ops, Special Operations Division? No. MARSALISI: In you conversation, any conversations that you have had with other people, whether it was Officer,! Officer |or whoever, are you aware of anybody that brought it to the attention of Commander!
h a v e u 1

ld intentionally stole it

for almost 15 years and I've never

No. MARSALISI: And how about Sergeant I believe, O f f i c ^ m t o l d me that Officer/ conversation with Sergeant MARSALISI: about it. 'had had a

And was there anything else that came out after that? I wasn't privy to that. I don't know.

MARSALISI:

Okay. I'm done. Is there anything that I haven't asked you that maybe you think would be important for us to know during the investigation. No, that's all I know.

(SS/H:PDADMIN:SHERRY:CompIamts/CO-02-10

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION CO 02 10

Complaint Number

Today's date is April.16 . 201 Oat t 1\ hours. I am Deputy Chief Chuck Marsalisi interviewing Officer; r e g a r d i n g a complaint of Unbecoming Conduct, Conformance to Laws, Neglect oi Jufyfand Theft, which is alleged to have occurred on March 11 , 2010.
th

th

Office! No)

do you understand that this conversation is beingtaperecorded? ^Yes?or

u

Officer | ^ H H H | y are here as a witness in the above listed complaint, a matter which cbncemsanStESronicer. A complaint has not been filed against you, and you are not under investigation in this matter. Officer J H B I wish to advise you that you are being questioned as part of an official investigation o i t f e Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Orders Section 26. L

Deputy Chief Marsalisi

STATEMENTOF

COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department MARSALISI: I'm Deputy Chief Chuck Marsalisi interviewing Officer]

DATE: April 16, 2010 17150

regarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. recorded? Yes, sir. MARSALISI: O f f i c e r M B H j ^ ^ you are here as a witness in the above-listed complaint. A m a t t e n ^ X f ^ o n c e r n s another officer. A complaint has not been filed against you and you are not under investigation in this matter. Officer i B H & I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that section 26.1 Insubordination and Truthfulness of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Order Section 26.1. Do you understand that? Yes, sir, I do. MARSALISI: Okay, can I just get your signature on one of those and then you can keep the other copy. All right, perfect. how long have you been a commissioned law enforcement officer? Since August 1 of 2003. MARSALISI: Were you on duty in a SWAT capacity on Thursday, March 11 , 2010? Yes, sir. MARSALISI: Did you assist with the service of a search warrant at 907 South 134 Street in Burien? Yes, sir. MARSALISI: Without going into great detail, do you remember what your assignment was?
th th st th

Officei^j^^m do you understand this conversation is being tape-

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-i

STATEMENT OF

I was assigned to the gate team on the front of the residence and our responsibilities were to open that gate, move through the gate and move towards a shed that was on the three-four side of the residence. MARSALISI: What other officers were assisting in the warrant? From Renton or from MARSALISI: From Renton. Sergeant MARSALISI: Officer j g ^ . O f f i c e i ^ f ^ a n d Officer

Was Commander Karlewicz there? Yes, sir, he was. Not on scene, but in the Command Post.

MARSALISI:

Okay. At anytime during the service of the warrantor afterwards did you see Officer Yes, sir. playing with or displaying a knife?

MARSALISI:

And what was it that caused you to be aware of that? The knife had initially been picked up by another officer on the team, not within the Renton portion of SWAT. There was comments made. I believe I even at one point looked at the knife, had it in my hands, and then gave it back to that officer. I can't be a hundred percent sure what officer it was, but IbeHeve it was Officer ^ ^ ^ f r o m fl^Um, Auburn PD. I believe his first name's as I recall, Officer - I gave the knife back to Officer

and he put it back at the location from which he found it which was on top of a closed garbage can. If I had to estimate the size a 90 gallon garbage can with a flip top. The top was closed. At which point Officer knife as well. MARSALISI: did observed us handling the knife, and then picked it up and began handling the

Okay, so you say the trash can was closed. Are we talking about something like uh, Waste Management that does a contract is it the one with the big flop over lid that's on a hinge? Yes, sir.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10

STATEMENT OF

MARSALISI:

Okay, and the top was closed and when, as far as you know, when the knife was found by the other officer, was it on top of the closed container, or inside, o r It was on top of the closed container. I actually saw him pick it up from the container and then after we handled it, placed it back on the container.

MARSALISI:

And where was that located on the property? It was inside the fenced area of the grounds in front of the grounds on the one side.

MARSALISI: ^ ^ ^ ^ ^ ^ MARSALISI:

So we're talking about a single-family residence, right?

So the trash can is located against the house, or out by the fence, but still within the yard, or somewhere in-between? Out by the fence, towards the, but inside the yard.

MARSALISI:

Right, so it's actually still physically on the property. Yes, sir.

MARSALISI:

And is the fence located along the property line. In other words, you've got the fence and then you got the sidewalk, or there's some room between the fence and the sidewalk. There's the roadway, there was an area of grass for parking gravelish area, then the fence, on the residence side of the fence the garbage can, and then the residence with some space between the fence.

MARSALISI:

How tall was the fence? I believe it was six feet because we were, we were bringing ladders up to breech, or to look over and there was a dog supposedly in the yard, but, yeah, I believe six feet.

MARSALISI:

So from standing on the outside of the fence, you wouldn't be able to see the knife there?

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENT OF

MARSALISI:

I'm going down my notes, cause I ran a lot of stuff together. So you saw him pick it up, and then what was the next thing you knew as far as the knife?

^ ^ ^ ^

The knife did n o t - w e had.commented on the brand of the knife. I believe it was a SOG, which are generally, expensive style knives. It was double-edged, um but there was no handle where the handle should have been as if it were removed or broken off and there was talk about, well gosh this would be um, this is a good knife, you know, create a, you could create a new handle for it um using a deer antler. I even said cause Office d has a knife on his kit, that he's got wrapped in 550 cord I specifically remember saying yeah, you wouldn't even have to put bone on it, I mean, 550 cord works um and from there that's really all I remember specifically about the handling of the knife. I never saw put back.

MARSALISI:

After you left the location, when did you realize that he still had it? Make a - not even. I can't even make a long story short because we were there such a long period of time there were additional duties between the time I saw the knife and the time I left. Um, I remember people leaving the location and Commander Karlewicz actually came back and got me in his uh Escape. I'm not sure how Officer got back to the, our city SWAT rig but it would have been about five minutes when we were taking our kits off in the van. When we got back to the van is when I noticed he still, he had it in his kit, or on his kit.

MARSALISI:

And what, if any, discussion was there about the knife at that time? I'm not a hundred percent but I , I believe Offic ld made mention of

putting a bone handle on it. I know that was definitely displayed in front of the group that was in the van. Um, and I just remembered thinking that it is strange that he had it. MARSALISI: So when you realized that he had kept the knife, um, what were your thoughts, your feelings? Initially, I didn't, I didn't know what the intent was. So I didn't, I didn't, really give it much thought at the immediate time. It was not until it had been later on in the day, the training day cause I believe that fell on a training day it had come back out a few more times and I don't know in what capacity whether it was outside the van or in the van. But um, I just uh, it didn't really hit me

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-!

STATEMENTOF

hard until the next day when i - cause I had that entire evening and I did talk about it with my wife thinking it just didn't sit easy with me and the next morning is when I brought it to the attention of Sergean MARSALISI: So you shared it with Sergeant and what did he say?

Um, I mentioned my observations and what had occurred and I asked him if I could approach Officer about the situation versus, and I really went to him more on a coaching level to 1) to report and let him know, but 2) how would be the best way for me to handle the situation. I told him I related it back to my um oral board interviews for entry-level hiring and that you know what you're supposed to do, but I never thought in my career that I'd come across that so I asked him the best course of action. And he said we'll talk to and you and I will meaning he and I would talk about it after I had talked to Officer MARSALISI: So you spoke with Officer about it?

Yes, sir, that would have been Friday about mid-day or at least after lunch on the training day. I pulled him aside one on one and, and made him aware of the observations and my level of discomfort with the situation that I looked up to him not only as a fellow senior officer, but a team leader and a friend and that I felt it was very uncharacteristic of him to have taken something from a scene. And um, at which time he told me that he understood that he thought as a team we could use it during our down time at our range when we go to range, we pulled our own personal knives out of our kits and thrown them at wood targets. He though it would be just something that we as a team could mess around with on our range days. Um, at which time I said, well, it really wasn't ours to take so it's really not something that we should be using on our range day and um, I don't remember his exact words but it was, along the lines of well that's your opinion and uh and that's how the conversation ended. MARSALISI: Do you know if Sergeant Um, When I went to Sergean had a conversation with Officer n initially, it was my understanding he It was his .

was going to come back to me after I had talked to Office

understanding that I was going to go to him and so there was a delay of I think a week or two before I had gotten back to him and he had asked me, did you ever talk to that I wasn't sure i Or Officer about it and I said I had and um he said he asked me what my thoughts were on the conversation and I told him was just blowing me off or if he took me seriously.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENT OF

Um, and Sergeant he had talked to Officer MARSALISI:

said okay. I will talk t

about it. And until,

up until Friday, excuse me, today's Friday, until Wednesday, I did not know if and I found out third party that he had. lattention?

Did you at any time bring this to Commanderf No, sir.

MARSALISI:

I guess my next question is, I mean since you just recently found out that Sergeant had, had spoken to Officer um, did you previously feel that it was handled to your satisfaction? I didn't know.where it was in the process of being handled. Um, Based on what I know now, do I think it was handled appropriately? I don't. I would have handled it, as.a supervisor, in a much different capacity.

MARSALISI:

What would you have done? I would have upon finding out about it, I would also done the same thing that Sergeant did, allowed me to talk to Officer At which point would have followed back up with me after that conversation and then would have then counseled Officer into 1) what he did was inappropriate, and 2) that he needed to at a minimum, pull a case number and enter that knife into Renton property evidence, or either safekeeping, destruction; or whatever the proper protocol would be. Do I think that happened? Based on what I know that didn't, that's not what happened.

MARSALISI:

Asking your opinion, maybe there's, maybe it's black and white, maybe it's gray, but asking your opinion, as far as the knife issue is concerned, do you believe that it was uh theft? The short answer is yes. I do.

MARSALISI:

How long is the long answer? Not very long. Um, I think the element there needs to be intent. I don't know what Officer learned that the knifeopinion. intent was, but whether it was to use as a team was at his house. Which would lead me more resource for range messing around throwing knives, or, or what. I've since towards the line of intent to maintain ownership. That, that's, that's my

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-|

STATEMENTOF

MARSALISI:

Um, I think you mentioned was that you realized he had it afterwards when you were in the bear cat, right? Back at our, at the van.

MARSALISI:

in the van. So was there - there were team members from other departments in your van do you recall? Not in our van, no sir, um, we - as I recall the Auburn van responded to the location, picked up team members, uh the peacekeeper was also on location. It took team members back and then Commander Karlewicz responded and picked me up and I rode back with him. It was not until everyone was back at staging or the training location at which time when we all go back to our separate vans when I noticed that he still had the knife.

MARSALISI:

Do you know if there's been any discussion between team members from outside of Renton about this incident? I have not personally had any discussion with anybody outside of Renton team members.

MARSALISI:

Have you shared any of this information with anybody outside of say Special Operations? Yes, sir,

MARSALISI:

And who would that be? Sergeant Sjolin.

MARSALISI:

And at what point was that? That was last night after I had signed my -

MARSALISI:

But not previous to this? No, sir, not previous to that, no sir.

MARSALISI:

Okay, trying to clarify time spans. Um, we've established that you didn't speak with C o m m a n d e r H B B f c p b u t other than you, are you aware of anybody who did bring t ^ ^ c ^ S m m a n d e r flU^B attention?

(SS/H:PDADMlN:SHERRY:Complaints/CO-02-ll

STATEMENTOF

MARSALISI:

I think I've probably covered everything. Is there anything that you want to add that you think is important, that I might have forgot for the record.

MARSALISI:

Nothing at all, okay. It is now approximately 1735 and we're ending the interview.

(SS/H:PDADM!N:SHERRY:Complaints/CO-02-ll

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS ACCUSED OFFICER ADMONITION CO 0210

Complaint Number Today's date is May 13, 2010 at interviewing Officer _ hours. I am Deputy Chuck Marsalisi regarding a complaint of Unbecoming Conduct, Conformance

to Laws, Neglect of Duty, and Theft,, which is alleged to have occurred March 11, 2010.

Officer Officer

do you understand that this conversation is being recorded?/(Yespr No) prjor to this interview, were you given the opportunity to reaq-tfie complaint of

this incident? (Yea or No) Officer (Yes or jtfj)) Let the record reflectthat igprp<;pnt-Jlpa<;p acknowledge your do you wish to have a Guild Representative present during this interview?

Officer

I wish to advise you that you are being questioned as part of an official

investigation of the Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. MniA/ox/or thoco ct^^g^gg^> chare ^ d against you in relation to subsequent departmental

Deputy Chief Marsalisi

STATEMENT OF

COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department
MARSALISI: I'm Deputy Chief Chuck Marsalisi interviewing Officer

DATE: May 13, 2010 1635

regarding
th

a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Officer do you understand this conversation is being recorded? Yes. MARSALISI: Officer prior to this interview were you given the opportunity to read

the complaint of this incident? Yes. MARSALISI: Officer interview? No. MARSALISI: I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. Do you have any questions? No. MARSALISI: Do you understand that? Could I get your signature on that one and you can keep the other one there. do you wish to have a Guild representative present during this

(SS/H:PDADMIN:SHERRY:Complamts/CO-02-10-G

STATEMENT OF

MARSALISI:

Okay, I've read um the Bellevue report that Detective Johnson completed. Um, and so really all I really want to do is kind of go over some clarifying things, maybe some, some q u e d i o n ^ b o u t your interaction with Sergeant and uh C o m m a h d e r U | H P s o - u m I kinda just gonna jump forward uh in the other report you were there doing a search warrant. Part of SWAT. Right.

MARSALISI:

Um, and you came into contact with the knife uh, I think you pretty much discussed that. You know how you came in - how you ended up with the knife. Um, at the search warrant location so, my first question I guess is at the search warrant location once you had the knife, um, you had a conversation with O f f i c e r a n d OfficerJ Right, we were kind of standing there together, yes.

MARSALISI:

Okay, do you remember when you were standing there Officer^ approaching you, maybe taking the knife out of your vest. Was it sticking out of something u m It was in the front, just sitting there. Boy, I sure don't remember that

MARSALISI:

Okay, so you don't remember having any conversation with him at the scene? No, no I don't

MARSALISI:

So we've kind of already through the Bellevue investigation determined you got in the van, with the knife, um, and I guess my question is after that point before Officer I j ^ H H J P c a m e to you with his concerns, did anyone else indicate that they had a concern about you removing the knife from the scene? Not that I can recall.

MARSALISI:

You certainly, from what I've read, you didn't try secret it or hide it, it was in the open and there was probably some kind of general conversation in the van or not? I don't really think there was much conversation. I mean it was just you know the stuff we normally talk about in the van which is usually what we just did, you know the warrant was more my recollection. I mentioned, I think it was

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENT OF

to uh, Thornton, just kinda, come I'll probably wrap the handle with something just to make it a little easier for someone to you know use as a prop or something. That was about the extent of it I think. MARSALISI: Okay, and at some point afterwards, the next day or so, Officer j came to you? Yes. MARSALISI: And you guys had a discussion about his opinion, your opinion, and they were obviously different. Um, but other than the fact that you guys disagreed, did you come away with a different opinion or you know I guess how was it, how was it left other than you kinda saw it different ways? I don't know that it was much different than that, at the time. MARSALISI: Okay, and then some time after that, Sgt. approached you?

Yeah, well it was a week or so later and then he and I we talked, we sat and talked about it. And uh, and I started thinking about it, (.thought, you know, yeah you're right, it's it's uh, I guess, tainted, because I don't know if we actually used that word at the time, but it's tainted. MARSALISI: Uh, huh. You know, and and uh, so yeah, I'll, either give it to Clary, who's the training officer for the SWAT Team or get ride of it. MARSALISI: Do you remember at any time during your discussion with Sergeant um, discussing where the knife came from or how you came into possession of it? I think we just had a real general like I think this came from the garbage kinda thing, or a big real general discussion. MARSALISI: And that was your personal opinion as well that the knife was garbage. Yes, yes, it was, yes. MARSALISI: So, he didn't ask you did it come out of the can, or did it, I mean there was nothing, I mean was there anything that specific?

(SS/H:PDABMIN:SHERRY:Complamts/CO-02-10-

STATEMENT OF

I don't think so. I don't, I think I would recall that and I don't think so. I would say subsequent to that, we have had that conversation, like do you remember exactly where it came from? And I don't, I guess since I wasn't the first person to lay hands on it. So. MARSALISI: And so up until that point, once you, once you concluded that initial discussion with Sergeant um, for all intents and purposes since there was no clarification he would have believed that it was garbage, for lack of a better term, you're a trash picker. A scavenger, I prefer scavenger. Correct. MARSALISI: So based on your conversation with Sgt. a different understanding or at least... I think that's fair to say, yeah. I respe value his opinion. MARSALISI: So, do you recall exactly what his direction was with as far as what you were supposed to do with the knife? Uh, again, I think it was either give it to, I thought he said Clary, he might have said training which I took to mean Clary, or, or just get rid of it and I took that to mean, throw it, just throw it away. MARSALISI: And at what point did you dispose of the knife. Uh, the next time I was at the station. MARSALISI: I recall from your earlier uh statement in Bellevue that you'd thrown the knife in the back of your locker and that's where it was so it was in your possession when you actually had the conversation. Uh MARSALISI: It was in your locker as opposed to being on your person. Yes, absolutely. MARSALISI: The conversation took place at the Transit Center Office? Yes. Yes. cy a lot and you know, I really then you came away with

(SS/H:PDADMIN:SHERRY:Complaiiits/CO-02-10-

STATEMENT OF

MARSALISI:

Okay, so you recall, was it the same day? Oh yeah, it was at, it could have probably, I would say this, it was within at least the next two hours.

MARSALISI:

So after, you had already kind of mentioned it, but after, this became an internal, did you have any direct conversation with Sgt. the knife and it being disposed of? about um,

Well, uh, he stopped by my house one night, and just say, hey there's this thing going on with this email and that he asked me, what'd you do with that knife, and I said, oh, threw it away, so. MARSALISI: Do you remember prior to finding out that this was internal, um, anytime having any discussions with Commander about the knife?

I don't - no he would, he probably didn't know anything about it. MARSALISI: Can you think of any reason why he would have? No. MARSALISI: Cause you rode back in the van and he had a separate car, but Right. MARSALISI: Did you have it out in front of him, or anyway that he would have known about it? I doubt it. MARSALISI: I think between those questions and the investigation that Detective Johnson did I don't have anything else. Do you have anything you'd like to add that maybe I forgot, you'd like to clarify or um anything? No, everything that needs to be asked has been asked. MARSALISI: Okay, it's now 1645 and we're going off the record, this ends the -

(SS/H:PDABMIN:SHERRY:CompIaiiits/CO-02-10-

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS ACCUSED OFFICER ADMONITION CO 0210

Complaint Number

Today's date is May 18, 2010 at interviewing Sergeant 2010. Sergeant Sergeant

^"

hours. I am Deputy Chuck Marsalisi

regarding a complaint of Unbecoming Conduct,

Conformance to Laws, Neglect of Duty, and Theft,, which is alleged to have occurred March 11,

do you understand that this conversation is being r e c o r d e d ? ^ ^ j o r No) prior to this interview, were you given the opportunity to read the

complaint of this incident? p e s or No) do you wish to have a Guild Representative present during this interview? (YesorNd)

p^efee^ystaftrtg ycvur n a m g ^ ^ Sergeant

1 ^

"-

I wish to advise you that you are being questioned as part of an official

investigation of the Renton Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty, you will be subject to departmental charges which could result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges.

Depfffy Chief Marsalisi

STATEMENT OF SERGEANT
COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department MARSALISI: I'm Deputy Chief Chuck Marsalisi interviewing Sergeant regarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Sergeant recorded? Yes. MARSALISI: Sergeant prior to this interview were you given an opportunity to read the complaint of this incident? Yes. MARSALISI: Sergeant do you wish to have a Guild representative present during this interview? No. MARSALISI: Sergeant I wish to advise you that you are being questioned as do you understand this conversation is being
th

DATE: May 18, 2010 1242

part of an official investigation of the Renton Police Department. You will be asked questions specifically directed, and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by law and the Constitution of the United States including the right not to be compelled to incriminate yourself. I further wish to further to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty you will be subject to departmental charges which would result in your dismissal from the Renton Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. Do you understand that? Yes. MARSALISI: Okay, could I just get your signature on one and then you can keep the other one. Thank you. Okay, um, I mean I've read the uh the police report that

(SS/H:PDADMIIM:SHERRY:Complaints/CO-02-10-

STATEMENTOF SERGEANT
Bellevue completed that Detective Johnson uh did during his investigation your statement from that and his findings as well and so really what I want to focus on is um maybe clarifying some things um that he didn't clarify. He was looking at it strictly from a criminal aspect and so I'm looking at it from the internal as far as violation of General Orders and policy so. I'm going to do some clarification questions on that stuff. Um, basically it revolves around a conversation that you had with subordinates so um, you were present at the search warrant. Is that, this correct? Yes. MARSALISI: Okay, and do you recall in the van um, seeing Officer Yes. MARSALISI: And did you have a conversation about the knife in the van? No. MARSALISI: So you just kinda noticed it? He stepped up into the back of the van and he stepped into the van from the back of it through the door there and I was on the other end of the passenger compartment and what got my attention was when the door opened, then I looked and saw it was stepping up into the van. At the time I'd been m was stepping talking to Officer Howser from Auburn PD and nothing in particular we were talking about just a conversation. And uh, I noticed that a up into the van, that he had a knife sticking out of his vest and uh as soon as he stepped up, stepped up into the van, uh I believe it was Officer Thornton from Auburn PD was sitting right next to the door and asked in his vest. And what he had goes oh, it's a, it's a knife and says we found it or I found with a knife?

it or I don't remember his exact words. Um, and I didn't uh didn't ask any questions and didn't feel that I needed to, I mean I was not curious about it once he said that he found a/id went back to my conversation with Officer Howser. MARSALISI: * And after that conversation at some point um, Off iced you? That was the next day. The uh, search warrant was on March 11
th th

Icame to

as you

know and it's all in the paperwork. We do our search warrant, we had our training day after that uh March 12 , was Friday, our second training day of

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENTOF SERGEANT

the month we were at t h ^ t a t ^ ^ a d i n g up the van, preparing to go to our training day and Officer flHHicame to me, told me that he was
th

uncomfortable about something that had happened on the 11 warrant. So I asked him what it was and uh he told me tha search warrant. MARSALISI:

at the search

m had taken

that knife from a garbage can out on the property after we'd served the

Was he specific at all about inside the trash can, on top of the garbage can, anything specific or was it just kind of a general.... He, he may have been trying to be specific uh and maybe I wasn't listening to him closely enough. My interpretation or what I thought he was sharing with me is that this knife had been inside, inside the trash can with the garbage. Um, because he said it was in the top of the trash can. And I don't know if those were his exact words, um and so what I thought he was telling me was that this knife was garbage, It was in the garbage, with the garbage that was inside the trash can.

MARSALISI:

So then in your opinion during and after this conversation, immediately after this conversation you felt that thrown out or abandoned. I thought it was had already been discarded in the trash and again this, the uh trash can wasn't inside the house. It wasn't inside a garage, it was outside and I , actually I initially thought that uh the trash can was in the back of the property by a shop. Later, I found out that it was actually out out next to a vehicle gate at the driveway as if it was sitting out there getting ready to be placed out for the trash to come pick up. had taken something that was being

MARSALISI:

Okay, and and so you had this conversation where you shared this information as a concern with you. Um, and did he say what he wanted to do about it? I don't remember him saying what he wanted to do about this. He was sharing it with me. He said he viewed it as a theft and I , based on my interpretation of what he was telling me, certainly inappropriate, but I didn't view it as a theft. Um, and so I told him, I said, well, you probably should go talk to about this first and make sure that you guys understand each other on this, or on the same page, or he knows what your concerns are, and then come back and let me know how that goes and then we'll go from there.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENTOF SERGEANT
MARSALISI: Okay, and so after you had this conversation did you then have another conversation with Officer | I did, well I , I had asked him to come talk to me after he had done this and he didn't and I don't -1 wasn't sure why so about a week later when we had an opportunity, we were over at the Transit Center. We were the only ones there. Um, I asked him if he talked to . And he said that yes he had and I asked him how that went, and he said that uh basically they viewed it differently and they had agreed to disagree on it. I asked him if he had gotten resolution to this and he said that he had. Um, and then I told him that my intent was to talk to clarify to at my next opportunity of meeting within the next few day about uh my impression of what had happened and to what my expectations are when we're at search warrants and then also I was gonna, I was gonna do this with everybody on my crew individually, over the next kinda week or so. Not, and and, kinda one of those conversations that I really never thought I'd have to have with somebody. Um, because it just never occurred to me that I would have to tell somebody, we don't take anything regardless of what it is or where it is or how you came across this. This is inappropriate behavior and we just, we just don't do that.. MARSALISI: So then after you had your conversation with Officer] had a conversation with Officer I did. MARSALISI: About how much, how much time went by? talked to me on the 12 , which was a Friday, and it was about a week later I think, it was, it was, uh late that next week when I talked Um you

tc^Jjjj^ and so it would have been probably the next week when I
Um, and uh, I talked t , initially we sat down, cause I was

talked to

sitting down with everybody at this time um about just kind of quarterly review talking about looking at their evals, talking about goals and objectives, and things that we had already, that we had talked about earlier in the year, that they were gonna, they were gonna try to accomplish and goals that I had for them. And so I sat dow then we talked about the knife. MARSALISI: And how'd that conversation go? Uh, I mean it went, it went fine. I uh asked him about the knife. And I mean there wasn't a lot to ask. I knew he had it cause I'd seen it. I already knew m and we had that conversation, and then, and

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENT OF SERGEANT

w h a t ^ p f t o l d me and so my impression was that he had dug this out of a trash can and he wasn't trying to conceal it. Wasn't trying to hid it. Um, and so I told him that I don't care what it is or where it is or under what circumstances you come across something, it's completely inappropriate behavior to take anything under anything circumstances at work, much less when serving search warrants somewhere. Um, he told me that, yeah, he didn't know what he was thinking. Poor judgment. And uh, I told him, I said you don't get to keep the knife. You need to throw it back in the trash. Give it to John Clare, our training coordinator and he'll use it as a training aid or something along those lines. MARSALISI: What did he tell you was his intent when he took it? Well, I told him that uh and again I've know m for years and worked with

him for a long time and feel like I know him very well and I told him during the entire time that I've known him that he's never done anything that would lead me to believe that he would steal something and that I didn't think that he had the intent of committing a theft when he took this knife. That, that uh he viewed it as a piece of discarded garbage and uh that it was still inappropriate for him to take it and he said yeah, that's I mean it was he had no intent of depriving somebody of something. He didn't think that it was something that u h MARSALISI: Did he say what he intended to use the knife for? You know I don't remember what he said. He talked about uh putting a handle on it and I don't remember exactly what he, what his intent was with the knife. Because again, my issue was that he had it begin with and that's not okay. MARSALISI: What um, when you had this conversation, did you discuss at all or was there any kind of exchange as to where he actually got the knife? I'm not sure I understand (talking over each other) - did I ask him whether he pulled it out of the trash can or ? MARSALISI: Exactly. No, cause I thought I knew, that's why I didn't even ask him that. We talked about it having been at the trash can, um, but I didn't specifically ask that detailed of a question. Was this sitting in the garbage. Or I don't remember

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10-

STATEMENTOF SERGEANT
having asked that question, then again, because I thought, I thought [.already knew. MARSALISI: And so, you gave him directions on what you wanted him to do with the knife to do with the knife. Do you, do you know what he eventually did with it? Uh, he told me that after we had that conversation, he went and threw it away. It was still here at the station in his locker, and he went and threw it in the garbage. MARSALISI: Okay, I think we've covered everything that I needed clarified, Um, and I , I want to give you the opportunity to share anything that I might have forgotten or something that um, you think's important for people to know um as far as the investigation circumstances. Well, I , clearly now, it's, I feel that I under reacted based on how this has progressed. Um, certainly it wasn't intentional. ^ 0 t i s uh -1 l i k e ^ 0 f , ^ does a good job for me whenever I ask him to do something he does it. He does good work, uh, timely, but u h , ^ ^ i s kind of my tattle tale, and there is some things in mine a n d ^ B p h i s t o r y that, that uh, and I didn't realize this even probably until this incident, but I , I kind of have a ^ g p r i l t e r cause he, like I said, he's my tattle tale. Um, he's always, regularly, I won't say always, or it's not a weekly thing, but he's regularly coming to me with a piece of information like he's telling on somebody or tattling and so when he was sharing this with me I didn't listen to him closely enough and it's probably for that reason. I , you know, I know, I know both of them and the things that he was, that he was telling me just, just didn't make sense which is why I asked him to go talk to about this. I should have listened to him probably a little bit clearer or with a little bit more of an open mind, But now I realize I have I have m y ^ J f f i l t e r and I will go from there. MARSALISI: Do you have anything else that you think you'd like to add? No. MARSALISI: Okay, it is now 1258 hours and we are ending the interview.

(SS/H:PDADMIN:SHERRY:CompIaints/CO-02-10-

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION CO 0210

Complaint Number

.th today's date is May 20 2010 at interviewing Office

\ 1 4I

hours. I am Deputy Chief Chuck Marsalisi

th

regarding a complaint of Unbecoming Conduct, Conformance

to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Officer | do you understand that this conversation is being tape rprnrdpd?^(Y?^or No)

OfficenflH^pl you are here as a witness in the above listed complaint, a matter which
concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. Officer ^ f P l I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Orders Section 26.1.

Deputy-fiTef Marsalisi

STATEMENT OF

COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department MARSALISI:

DATE: May 20, 2010 1346

I'm Deputy Chief Chuck Marsalisi interviewing Officer ^ H i l ^ F r e g a r d i n g a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. Officer \ do you understand this conversation is being taped? Yes.
th

MARSALISI:

O f f i c e r Y

a r e

e r e

a s

'

t n e s s

' the above-listed complaint. A

matter which concerns another officer and a Sergeant. A complaint has not . been filed against you and you are not under investigation in this matter. O f f i c e r ^ ^ ^ p l wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that section 26.1 Insubordination and Truthfulness of Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Order 26.1. Do you understand that? Yes, I do. MARSALISI: If I can get you to sign that form right there. Ah, give me your pen. Okay, we already did an interview previously last month and so basically what I wanted to do is kind of firm up some timelines and some conversation uh that took place between you and some other people. So I really only have just like a couple questions. Um, in your first interview, um, you had, had referenced that uh Sgt. had addressed the group about what Officer did, or at least about the issue and indicated that it was inappropriate. Um, do you remember exactly when that happened? I don't remember the exact date when it happened. MARSALISI: Was it, um, was it before the internal investigation started? I believe it was before, just before, or the day that it did start. I know that no one had been interviewed at that point, so I don't know where that falls in that timeline. I know that he addressed us as a group at the Transit Center um, maybe when there was rumor of an internal starting, but I know that no one had been interviewed at that point.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-l

STATEMENT OF

MARSALISI:

Okay, so, so the whole, essentially the whole team, or whole Renton Team was there, with the exception of maybe Was there?

was not there. And I'm trying to remember who all was there. I know me, Dave, MARSALISI: I don't think was there.

Um, going back to the original date of the incident. Um, when you uh I believe you approached, with you? I think, I'm n o t j ^ n y i o t ^ to say it was who was standing there wit m on it. y. I want had the knife sticking out of his vest, or somewhere on him and you pulled him, pulled it out - who else was there

though. From Auburn I think was the only other

person standing there at the time that I confronte MARSALISI:

Okay. When was, when was, didn't h a d ^ ^ p J l i a d originally been there. Was he there anytime when you were there or was he already gone when you approached? as not standing there when I was talking t .

MARSALISI:

I think that's about all I had. Like I said, I just want to tie up some of the timelines of conversations and um and what was said. I know you probably answered it, but when you had the conversation with response was, or did he, I guess that's the question. The response that I remember for sure was that he said, well it's a good knife, I can, we could put a handle on it and use it at the range for practicing throwing knives. originally about him not taking the knife, or shouldn't take the knife, do you remember what his

MARSALISI:

That's all I had. Short, it's, do you have anything else that I didn't ask or you want to clarify, o r No, sir.

MARSALISI:

It's now 1350 and we're ending the interview.

(SS/HrPDADMINiSHERRYrComplaints/CO-OZ-lO-,

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS WITNESS OFFICER ADMONITION CO 0210

Complaint Number

Today's date is May 20,th 2010 at interviewing Officer

th

hours. I am Deputy Chief Chuck Marsalisi

egarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Duty, and Theft, which is alleged to have occurred on March 11 , 2010. do you understand that this conversation is being tape recorded^(Y^ or

Officer are here as a witness in the above listed complaint, a matter which concerns another officer. A complaint has not been filed against you, and you are not under investigation in this matter. O f f i c e r ^ H m H I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that Section 26.1 "Insubordination" and "Truthfulness" of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Orders Section 26.1.

JBHfyou

STATEMENTOF

COMPLAINT NUMBER: CO-02-10 INTERVIEWER: Deputy Chief Marsalisi LOCATION: Renton Police Department MARSALISI: I'm Deputy Chief Chuck Marsalisi interviewing Officer I

DATE: May 20, 2010 1520

regarding a complaint of Unbecoming Conduct, Conformance to Laws, Neglect of Dutv^ncMFheft, which is alleged to have occurred on March 11 , 2010. O f f i c e r ^ ^ ^ ^ ^ d o you understand this tape, this is being tape recorded? Yes, sir I do. MARSALISI:
th

Officer^mPyou are

here as a witness in the above-listed complaint.

A matter which concerns another officer. A complaint has not been filed against you and you are not under investigation in this matter. Officer ^ S t f l B f c I wish to advise you that you are being questioned as part of an official investigation of the Renton Police Department. You are reminded that section 26.1 Insubordination and Truthfulness of the Renton Police Department General Orders do apply in this matter and that you must truthfully respond. Any refusal to respond may result in disciplinary action as outlined in General Order 26.1. Do you understand that? Yes sir, I do. MARSALISI: If I can get you to sign that right there. This is your copy, Um, okay, well basically it's more of a clarification of a couple things that we had on our first interview. Since I interviewed you uh, Bellevue of course has conducted their investigation so they've talked to other people, and I've talked to other people so it's a matter of, I just want to make sure that I get timelines and conversations as close to accurate as possible. Um, in the first interview, um, I when we talked about after the fact. Um, you had said that you had heard from a third party. Um, that Officer with the matter? Yes, sir. I was told, I had a conversation with S had told me at that time he had addressed it with Officer MARSALISI: But not prior to the incident coming up as far as the email to the Mayor and everything else like that he had not had a conversation with you. on, um upon my had been talked to. So did Sgt. ever come back to you personally and tell you that he had dealt

becoming aware of the internal investigation and officer, or Sgt.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-:

STATEMENT OF

Not to my knowledge. MARSALISI: Um, I'm trying to get the timelines straight. Talking about the actualtime of J ^ T o i d e n t , um, and correct me if I'm wrong, I believe it was you, J H H and were there at the trash cans and um did you leave before left, or did you all three leave together, or how did that happen? If you're referring to the area where the trash cans are, I believe I left prior to Officer I was retasked with something else so I went to do that. Um, when he left I don't know. MARSALISI: Okay, and so um, did youseeOfficer have a conversation with anybody

other than uh Office J l ^ B ^ or or you at the trash can area? There were, there was a group of other officers there. Whether there was any conversation between them I don't know. MARSALISI: Did you see Office^ point? I did not, no. MARSALISI: Um, in the first interview, um, at the time of the interview, you said that you believed Officer still was in possession of the knife. | have a conversation with Officer at that

At the time of the interview? MARSALISI: At the time we had the interview. Probably about a month ago now. You s a i d - g o ahead. I had, I had been told that prior to my interview, actually one day prior to my interview that the knife had been disposed of. MARSALISI: Okay. I don't know at what point it had been disposed of. MARSALISI: I just wanted to clarify that. Um, and I know I asked you this in the first interview. Um, when I'd asked if you'd shared your concerns with anybody outside of Spec Ops. Um, and you told me Sgt. Sjolin, but that was after the internal, or after you learned of the internal, right?

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10j

STATEMENTOF

Yes, sir. MARSALISI: So, I just want to make sure that you didn't tell anybody else um, do you recall having conversation with any other supervisors or confidantes or anything like that? No, sir, the only person I spoke to is my wife. MARSALISI: Okay. Um, like I said I only had those short few questions. Is there anything that I didn't ask that maybe you want to add, something that I asked that maybe you want to clarify, or anything else for the record? No, sir. MARSALISI: Okay, the time is now 1526 and we're ending the interview.

(SS/H:PDADMIN:SHERRY:Complaints/CO-02-10

Police Department - Kevin Milosevich, Chief

September 20, 2010

James Egan The Law Offices of James C. Egan; PLLC 605,First Avenue, Suite 400 ' Seattle, WA 98104 Dear Mr. Egan: ' . < *

The Renton Police Department is .in receipt of your public disclosure request dated September 15; 2010, requesting a copy of any and all sustained complaints against law . enforcement officers from September 2009 through August 31, 2010. Asearch of our records indicates that there was one sustained complaint during the . above mentioned tinie frarne. The information relating to this complaint will be provided to you within 30 days. Please note that victim, witness, arid 'officer
nd

information will need to be redacted from these files in accordance with The Cowles Publishing Company v.' State Patrol 109 Wn.2 712 (1988), and RCW 42.17.310, section (l)(e). In .accordance with thq Fee Schedule set in the Renton Municipal Code, there will be a cost of $.45 per copy. You mgy contact me at (425) 430-7566 if you have any further questions. Sincerely, KEVIN MILOSEVICH -CHIEF'OF POLICE * * ' \ "

Clark Wilcox, Commander Staff and Auxiliary Services Divisions

Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.goi

THE LAW OFFICES OF JAMES C. EGAN PLLC

September 15,2010 '

Renton Police Department 1055 South Grady Way Renton, W A 98057 RE: PUBLIC DISCLOSURE REQUEST

To Whom It May Concern: Pursuant to the Public Disclosure Act, I am requesting a copy of any and all sustained complaints against law enforcement officers from September. 2009 through August 31, 2010. Please provide this information within the period allowed by the Public Disclosure Act. If there are any charges required to obtain these documents, please let me know and I w i l l be glad to forward payment. Please contact me if you have questions or if I need to modify this request.

THE LAW OFFICES OF JAMES C EGAN PLLC.

605 FIRST A V E N U E SUITE 400, SEATTLE, W A 98104 / WWVV.EGANATTOENEY.COM / INFO@EGANATTOENEY.COM

TEL: (206) 749-0333/0353 Fax; (206) 749-5888 / Cell: (206) 795-3292 (J. Egan)

Charles Marsalisi
rom: Sent: To: Subject:
P

Thursday, June 10, 2010 18:14 Charles Marsalisi Internal Investigation CO 02 10

I have reviewed the paperwork regarding this investigation. I do not wish to have a follow up interview with you. Respectfully

POLICE D E P A R T M E N T

DATE: TO: FROM: SUBJECT:

June 10, 2010 Officer Deputy Chief Chuck Marsalisi, Support Operations Bureau Internal Investigation CO 02 10 2.$-*^

The investigation portion of the internal process has been completed and approved by Chief Milosevich. I have reviewed the investigation, as well as Commander Karlewicz' recommended findings and discipline. Prior to making a finding and if necessary a discipline recommendation, I would like to give you an opportunity to provide any additional information that might have been left out of the investigation. The opportunity to meet with me is voluntary. If you choose to discuss this incident with me prior to my recommendation to Chief Milosevich, please contact me by Thursday, June 17, 2010 to schedule an appointment I have attached a copy of the investigation for your review.

POLICE D E P A R T M E N T

gjT"

City o f

DATE: TO: FROM: SUBJECT:

June 10, 2010 Sergeant Deputy Chief Chuck Marsalisi, Support Operations Bureau Internal Investigation CO 02 10 Q ^ ^ k ^

The investigation portion of the internal process has been completed and approved by Chief Milosevich. I have reviewed .the investigation, as well as Commander Karlewicz' recommended findings and discipline. Prior to making a finding and if necessary a discipline recommendation, I would like to give you an opportunity to provide any additional information that might have been left out of the investigation. The opportunity to meet with me is voluntary. If you choose to discuss this incident with me prior to my recommendation to Chief Milosevich, please contact me by Thursday, June 17,2010 to schedule an appointment I have attached a copy of the investigation for your review.

Charles Marsalisi
From: 3ent: To: Subject: . Tuesday, June 01, 2010 20:18 Charles Marsalisi Internal

I hereby waive the 5 days to add any additional information. Respectfully,

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO 0210

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. 2. 3. 4. 5. The alleged complaint does not involve criminal activity. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. The alleged complaint if proven, may affect your ability for continued employment with the Department. I am in charge of the investigation. I will be conducting the interview.

I have scheduled your interview for Friday, April 23 , 2010 at 1000 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview. I have attached copies of the original complaint and the official allegations.

rd

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

CO-02-10
Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington: General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

I have scheduled your interview for Friday, April 23 , 2010 at 1000 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview. I have attached copies of the original complaint and the official allegations.

rd

yect cmicer

Deputy Chief Chuck Marsalisi

Allegation Summary
Complaint Number: CO 0210

On April 8, 2010, the Mayor's Office received an anonymous email from an individual alleging theft by a Renton SWAT member. The email indicated that the SWAT sergeant and commander were aware of the theft and did not take any action to address the crime. Further email correspondence between Chief Milosevich and the anonymous party revealed that the alleged thief is Officer search warrant. who allegedly stole a Benchmade knife during the service of a

Based upon this information, the following allegations are being investigated: Officer -

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

Sergeant

and Commander

General Order 26,1.1 J - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department.

Charles Marsalisi
/ ( To: Jubject: Charles Marsalisi . FW: Theft by Renton Police Officer

O r i g i n a l Message From: Denis Law To: Kevin M i l o s e v i c h Cc: Jay B Covington Sent: Thu Apr 08 11:53:20 2010 Subject: Fw: Theft by Renton P o l i c e O f f i c e r

O r i g i n a l Message From: 'anonymous complaint' To: Denis L Cc:

Senu: Thu Apr

Subject: Theft by Renton P o l i c e O f f i c e r There has been a t h e f t by a RPD O f f i c e r , who s t o l e property during a search warrant, witnessed by other o f f i c e r s (from an OSA), and h i s l i n e Sgt and Commander know about i t , but are not going t o do anything about i t . This was a SWAT warrant s e r v i c e . There i s t a l k on the team t o n o t i f y the media i f RPD doesn't address i t as a c r i m i n a l matter as we cannot t r u s t t h i s o f f i c e r , h i s Sgt, and the Commander ( a l l are SRT). /his email request o r i g i n a t e d from the f o l l o w i n g l i n k : http://rentonwa.gov/government/default.aspx?id=1480

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION

CO-02 10
Complaint Number

per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. The alleged complaint does involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. 5. I am in charge of the investigation. I will be conducting the interview.

I have scheduled your interview for Friday, April 23 , 2010 at 1600 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative or attorney present during the interview. I have attached copies of the original complaint and the official allegations.

rd

Deputy Chief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

CO-02-10
Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26,1.l.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times/both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.05P Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

I have scheduled your interview for Friday, April 23 , 2010 at 1600 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative or attorney present during the interview.

rd

Deputy Chief Chuck Marsalisi

Allegation Summary
Complaint Number: CO 0210

On April 8,2010, the Mayor's Office received an anonymous email from an individual alleging theft by a Renton SWAT member. The email indicated that the SWAT sergeant and commander were aware of the theft and did not take any action to address the crime. Further email correspondence between Chief Milosevich and the anonymous party revealed that the alleged thief is Officer search warrant. who allegedly stole a Benchmade knife during the service of a

Based upon this information, the following allegations are being investigated: Officer -

General Order 26.1.l.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1,1.0 - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

Sergeant

and Commandei

General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department.

Charles Marsalisi
{ To: .Subject: Charles Marsalisi FW: Theft by Renton Police Officer

O r i g i n a l Message From: Denis Law To: Kevin M i l o s e v i c h Cc: Jay B Covington Sent: Thu Apr 98 11:53:20 2010 Subject: Fw: Theft by Renton P o l i c e O f f i c e r

ri.nal Me*<;acro From: To: Deni Cc Sent!'"lliu Apr k)8 11:52:06 2010 Subject: Theft by Renton P o l i c e O f f i c e r There has been a t h e f t by a RPD O f f i c e r , who s t o l e property during a search warrant, witnessed by other o f f i c e r s (from an OSA), and h i s l i n e Sgt and Commander know about i t , but are not going t o do anything about i t . This was a SWAT warrant service. There i s t a l k on the team t o n o t i f y the media i f RPD doesn't address i t as a c r i m i n a l matter as we cannot t r u s t t h i s o f f i c e r , h i s Sgt, and the Commander ( a l l are SRT). Mis email request o r i g i n a t e d from the f o l l o w i n g l i n k : http://rentonwa.gov/government/default.aspx?id=1480

(
1

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CQ-02-10

Complaint Number

HHII^Hj^B^ notifying you that a formal investigation is being conducted in which you are coSSiclSfea the subject. The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.l.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, of that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.P - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... I have scheduled your interview for Friday, April 22 , 2010 at 1000 hrs. The interview will be in my office.
nd

I have attached copies of the original complaint and the official allegations.

Deputy Chief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO 0210

Complaint Number

am advising you that: 1. The alleged complaint does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation. 5. I will be conducting the interview.

I have scheduled your interview for Thursday, April 22 , 2010 at 1000 hrs. The interview will be in my office. I have attached copies of the original complaint and the official allegations.

nd

Deputy Chief Chuck Marsalisi

Charles Marsalisi To: Jubject: Charles Marsalisi FW: Theft by Renton Police Officer

O r i g i n a l Message From: Denis Law To: Kevin M i l o s e v i c h Cc: Jay B Covington Sent: Thu Apr 08 11:53:20 2010 Subject: Fw: Theft by Renton P o l i c e O f f i c e r

Orj From: To: Den] Cc: Senf"; 1 nu~~Apr 08 I T : 5 2 : W 2010" Subject: Theft by Renton P o l i c e O f f i c e r There has been a t h e f t by a RPD O f f i c e r , who s t o l e property during a search warrant, witnessed by other o f f i c e r s (from an OSA), and h i s l i n e Sgt and Commander know about i t , but are not going to do anything about i t . This was a SWAT warrant s e r v i c e . There i s t a l k on the team to n o t i f y the media i f RPD doesn't address i t as a c r i m i n a l matter as we cannot t r u s t t h i s o f f i c e r , h i s Sgt, and the Commander ( a l l are SRT). / h i s email request o r i g i n a t e d from the f o l l o w i n g l i n k : http://rentonwa.gov/government/default.aspx?id=1480

Allegation Summary Complaint Number: CO 0210

On April 8,2010, the Mayor's Office received an anonymous email from an individual alleging theft by a Renton SWAT member. The email indicated that the SWAT sergeant and commander were aware of the theft and did not take any action to address the crime. Further email correspondence between Chief Milosevich and the anonymous party revealed that the alleged thief is Officer who allegedly stole a Benchmade knife during the service of a search warrant.

Based upon this information, the following allegations are being investigated: Officer -

General Order 26.L1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,....

Sergeant

and

General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department.

Charles Marsalisi From: ient: To: Subject: Tuesday, June 01, 2010 20:18 Charles Marsalisi Internal

I hereby waive the 5 days to add any additional information. Respectfully,

POLICE D E P A R T M E N T

DATE: TO: FROM: SUBJECT:

June 1, 2010 Officer Deputy Chief Chuck Marsalisi Internal CO 0210 - Additional Allegations

Commander Karlewicz has reviewed the internal investigation and has recommended additional allegations that are more specific to the behavior revealed in the investigation. The below listed allegations have been added to the investigation, which do not require any re-interview of any witnesses. If you have any additional information or statements that you would like to provide, please advise me in writing no later than Wednesday, June 9 , 2010.
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Violation of General Order 26.1.1.XX - Arrest, Search and Seizure, ''Officers shall not make any arrest, search, or seizure, which they know or should know, is not in accordance with the law and department policy/' Violation of General Order 26.1.1.LL- Processing Property and Evidence, "Property or evidence, which has been discovered, gathered, or received in connection with departmental responsibilities, will be processed in accordance with established departmental procedures. Members of the Police Department shall not solicit the sale of, convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence in connection with an investigation or other police action, except in accordance with established departmental procedure"

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

CO-02-10
Complaint Number

^ | ^ ^ P m f per Article 15, Section B of the Commissioned Contract, I am notifying you that a
formal investigation is being conducted in which you are considered a witness.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.l.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1,0 - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present, A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.l.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

I have scheduled your interview for Thursday, May 20 , 2010 at 43-lfrhours. The interview will be held in my office.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

CO-02-10
Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered a witness.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

I have scheduled your interview for Thursday, May 20 , 2010 at 1S00 hours. The interview will be held in my office.

Deputy Chief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CO-02-10 Complaint Number per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington: General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty in such a manner as to reflect most favorably on the Department, Unbecoming conduct shall include that which brings the Department into djsrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department.

I have scheduled your interview for Tuesday, May 18,2010 at 1300 hours. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview. I have attached copies of the original complaint and the official allegations.

Depbrtfhief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO 0210 Complaint Number per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. The alleged complaint does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation. 5. I will be conducting the interview.

I have scheduled your interview for Tuesday, May 18,2010 at 1300 hours. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview. I have attached copies of the original complaint and the official allegations.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CO-02-10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.l.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department, RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... I have scheduled your interview for Thursday, May 13,2010, at 1630 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview.

Deputy Chief Chuck Marsalisi

^4

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS

(

PRE-INTERVIEW NOTIFICATION CO-02 10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. The alleged complaint does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3. The alleged complaint if proven, may affect your ability for continued employment with the Department 4. I am in charge of the investigation. 5. I will be conducting the interview.

I have scheduled your interview for Thursday, May 13i 2010 at 1630 hrs. The interview will be in my office. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview.

,
I have attached copies of the original complaint and the official allegations.

Charles Marsalisi rom: Sent: To: Subject:

;

Monday, May 10, 2010 16:33 Charles Marsalisi; Charles Karlewicz Re: Interview

Yes Sir that will work. Is this paper work different than what I have already signed?

From: Charles Marsalisi To: Cc: Charles Karlewicz Sent: Mon May 10 15:09:53 2010 Subject: Interview

I would like to get this thing done. I would like to schedule your interview for Tuesday, May 18 , at 1300. Will that work for you? The official papers are on my desk, I can leave them in Chad's basket for you to sign. If the date and time don't work out, let me know. Chuck Deputy Chief Chuck Marsalisi Renton Police Department 1055 S.Grady Way Renton, WA 98057 (425)430-7567

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LEADERSHIP NEVER T A K E S A DAY O F F

' *

POLICE

DEPARTMENT

DATE: TO: FROM: SUBJECT:

April 23,2010 Officer Kevin Milosevich, Chief Administrative Leave

v\

Effective immediately, you are being placed on Administrative Leave with pay. This is a result of a pending investigation. Please be available for recall during your normally scheduled work period until this matter is resolved. Should you leave the area, please notify your supervisor of the dates that you will be unavailable. I will keep you informed of the status of the investigation.

I have received a copy of this investigation.

POLICE

DEPARTMENT

Mm
O R A N D U M

DATE: TO: FROM: SUBJECT:

April 23, 2010 Officer Kevin Milosevich, Chief Administrative Leave

Effective immediately, you are being placed on Administrative Leave with pay. This is a result of a pending investigation. Please be available for recall during your normally scheduled work period until this matter is resolved. Should you leave the area, please notify your supervisor of the dates that you will be unavailable. I will keep you informed of the status of the investigation.

1 have received a copy of this investigation.

Date

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO 0210

Complaint Number

I am advising you that: 1. The alleged complaint does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would be grounds for termination, suspension, or other disciplinary action. 3 . The alleged complaint if proven, may affect your ability for continued employment with the Department 4. I am in charge of the investigation. 5 . I will be conducting the interview.

I have not scheduled your interview at this time.

Deputy Chief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CQ*02-10

Complaint Number

I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shali include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.l.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.l.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.S6,050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

I have not scheduled your interview at this time.

Subject Officer

Deputy Chief Chuck Marsalisi

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CQ-02-10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a), does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVTEW NOTIFICATION CO-0210

Complaint Number
*~

per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. The alleged complaint does involve criminal activity. 2. The alleged complaint does constitute misconduct that would he grounds for termination, suspension, or other disciplinary action: 3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation. 5. I will be conducting the interview.

I have not scheduled your interview at this time. Per General Orders and Guild Contract, you have the right to have a guild representative present . during the interview.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CQ-02-10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered the subject.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild, representation at the time of the interview.

I have nc# scheduled your interview at this time.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS PRE-INTERVIEW NOTIFICATION CO 02 10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am advising you that: 1. The alleged complaint does not involve criminal activity. 2. The alleged complaint does constitute misconduct that would he grounds for termination, suspension, or other disciplinary action. "3. The alleged complaint if proven, may affect your ability for continued employment with the Department. 4. I am in charge of the investigation 5. I will be conducting the interview.

I have not scheduled your interview at this time. Per General Orders and Guild Contract, you have the right to have a guild representative present during the interview.

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION CO-02-10

Complaint Number

per Article 15, Section B of the Commissioned Contract, I am notifying you that a formal investigation is being conducted in which you are considered a witness.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members .of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department Unbecoming conduct shall inciude that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual.
4

General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

I have scheduled your interview for Friday, April 16 , 2010 at 1600 hours. The interview will be held in my office.

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Charles Marsalisi From: jent: to: Subject: I talked tol Thursday, April 15, 201014:58 Charles Marsalisi Interview

and he said that he would be able to take the 1600 time slot for me, so I will have 1645. Thanks,

RENTON POLICE DEPARTMENT INTERNAL AFFAIRS OFFICER NOTIFICATION

F

CO-02-10
Complaint Number

^per Article 15, Section B of the Commissioned Contract, I am notifying you that a formaTmyestigation is being conducted in which you are considered a witness.

The allegations of the investigation include the following violations of the General Orders of the Renton Police Department and the Revised Code of Washington:

General Order 26.1.1.B - Unbecoming Conduct - Members.of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. General Order 26.1.1.D - Conformance to Laws - Members of the Police Department shall obey all laws of the United States, and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. ( General Order 26.1.1.F - Neglect of Dutv - Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of the City of Renton, these Rules of Conduct, or any other orders, policies, procedures, or directives of the Police Department. RCW 9A.56.050 Theft in the Third Degree - A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,.... You have the right to Guild representation at the time of the interview.

I have scheduled your interview for Friday, April 16 , 2010 at 1645 hours. The interview will be held in my office.

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