New York State Police, Sgt. Eric P. Lovgren and Trooper Elias E. Strickland Letter of Censure and Notice of Suspension, 2023
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PROFESSIONAL STANDARDS BUREAU PERSONNEL COMPLAINT TRACKING DCN: 2023-0020 CTV: F5664 REGIO : SRO Subject(s): Sergeant Eric Lovgren, Trooper Elias E. Strickland Investigated by: CaQtain Mark A. Nielson Staff Inspector: Nicholas A. Banbmy SUBJECT HISTORY REVIEWED? [?3J AUDIO? t8) VIDEO? [8J ALLEGATION: False Entry into Records LEVEL: 2 TYPE: Personnel Complaint Troop or Detail F Date: occurred on 10/12/22 ON PROBATION? 0 SYNOPSIS: On October 12, 2022, Trooper Strickland engaged in a vehicle pmsuit with a motorcycle that ended when the motorcycle struck his patrol vehicle and the operator fled the scene. Review of the circumstances of this incident detennined that the trooper intentionally withheld information involving the actual dmation of the event and circumstances of the collision that involved not using emergency lighting at times, terminating his BWC while in pmsuit, failing to initially radio in the pmsuit until the collision occmTed. Later the trooper completed a pmsuit repo1i with these misleading events. The trooper also admitted to failing to categorize the initial BWC recording to conceal it. He also knowingly later issued UTT's to the suspect and admitted that the UTT's would not be prosecutable. Founded. Sergeant Lovgren was found to have failed to make a proper investigative effmi into confirming the events of the incident as rep01ied to him by the trooper. He did not review BWC of tl1e event and basic investigative duties expected of him were not done. Founded. Accordingly, Trooper Strickland is found to have violated the following Rules and Regulations: Regulation 8A8 -A Member shall not engage in misconduct as supported by Trooper Strickland's actions of issuing of UTT' s without probable cause, falsely repmting the circumstances of the event to his supervisors, making misleading radio transmissions regarding the pursuit, falsifying rep01is, and pmposely not properly categorizing the BWC footage which shows the beginning of the pursuit some 5 minutes earlier than he repo1ied. Additionally he violated the following BWC sections for tmning off his BWC and failing to categorize the video: Article 28B2(2)(3) & 28B4(1) Regulation 8A15A- A Member shall not knowingly make a false entty in official records Sergeant Lovgren is found to be in violation of the following Regulation: Regulation 8A9 -A Member may be determined to be incompetent and subject to disdplinary action in accord with the Rules of the Division if... (5) Failme to assume responsibility or to exercise diligence in the pe1f01mance of official duties. Major Paul M. Dequaiio Troop F Commander, recommended that this matter be closed as Founded. Staff Inspector Nicholas A. Banbmy concurs with the findings of Major Dequarto. PC HISTORY: Tpr. Strickland: None Sergeant Lovgren: 2023 -0031 Pending report submission - Involves Sgt not contacting EMS in a timely manner for a subject who requested EMS. Closed by Investigation Recommended Level of Adjudication: D Troop Level 181 Division Level Adjudicated at TroopO Date Forwarded to Assistant De Date: Disposition: e1intendent - Professional Standards Bureau 06/23/23 nab Date:07/07/2023 Comments: I concur with the FOUNDED determination and charges for Trooper Strickland. Finding of Investigation: ~ Founded Recommended Level of Adjudication: O Unfounded O U nsubstantiated O Closed by Investigation 0 Troop Level ~ Division Level Deputy Superintendent - Professional Standards Bm·elln Comments: D r8I Division Level Recommended Troop Level Recommended Date Forwuded to First Deputy Superintendent: To D/S Admin on 07/11/23 DJC Fil·st Deputy Supertotendent Direction: Date: July 21, 2023 Sh·ickland - 10 Day SWOP, LOC, 6 Mos Probation Lovg1·en - Return to Troop for Adjudication 181 Tl'Oop Level- Rehll'n to Chief Inspector 181 Dhision Level - Forward to Division Counsel eJdnwrdatt g)ominicJi .e. eJuumen.ta D Tl'oop Level Date Notified: Rank/Name ofMembel' Notified_ _ _ _ __ Notified b ' Whom: q w RK ATE State Police KATHY HOCHUL Governor DOMINICK L. CHIUMENTO Deputy Superintendent August 17, 2023 Trooper Elias E. Strickland New York State Police Troop F Middletown, New York Re: DCN: 2023-0020 LETTER OF CENSURE _________________ NOTICE OF SUSPENSION Dear Trooper Strickland: On October 12, 2022, you were involved in a pursuit with a motorcycle on State Route 9W in the Village of Saugerties that ended when your patrol vehicle accidentally collided with the rear of the motorcycle. The operator of the motorcycle fled on foot and was not located or identified. A review of the administrative report associated with the incident revealed that your account of the incident was untruthful. Specifically, you withheld information from your supervisor regarding the length and extent of the pursuit and the cause of the extensive undercarriage damage to your vehicle. You also improperly terminated your Body Worn Camera (BWC) recording at the start of the pursuit. Additionally, you failed to make any radio transmissions, including your initial transmission regarding the pursuit, until after the collision occurred to conceal the fact that you had engaged in an unreported pursuit. Further, you completed a pursuit report that contained inaccurate times and did not categorize your BWC recording that captured the start of the pursuit so that you could conceal it. To exacerbate matters, you issued traffic tickets without probable cause to the person you suspected of being the motorcycle operator. You used poor judgment when you engaged in the above-described conduct. Accordingly, you are hereby formally censured. You are also suspended without pay for ten (10) days, August 21, 2023, through August 30, 2023. In addition, you will be returned to probationary status for six (6) months. Be advised that you may be dismissed during this probationary period, or after such period for conduct occurring during the period, without recourse to procedures contained within Rule 3 of the New York State Police Members Manual. Your probation will begin upon your return to work from extended sick leave. For, and in the absence of, the First Deputy Superintendent. s::c~lr/ c~ Dominick L. Chiumento Deputy Superintendent Building 22, 1220 Washington Avenue, Albany, NY 12226 | www.troopers.ny.gov 4 EW State RK ~TE Police PAUL M. DEQUARTO Troop F Commander ~EVEN A, NIGREW Acting Superintendent ct bcr , 202_ ergeant Eric P. L gren e Yor ta e P Ii e P Highland RE : D 202 0 0 LETfER OF EN URE ear ergeanl Lo gren : n ctober 12, 2022, a unifonned Trooper at P Kingst n engaged in a ehicular pursuit with a motorcycle on tate Route 9W in the Village of Saugerties that con.cl d d hen the Di i ion ehicle he was operating. 11 , uccidently collided with the rear of the motor cl . h perat r fled on foot and was not located or identified , ubseque11t inve ligation detennined that you failed t ume r ponsibiJity for the investigation of a Divi ion vehicle ollision and in particular the continuing ill e tigati n into the identity of the motorc cle p rat r, lea ing it 10 the in ol ed member. You did not undertake: the most basic investigative a ti n to ort'I b rate or refute the member' account of the pur uiL and you did not question the cause for the undercarriag damage to the Troop car that was unexplained . Your actions, or lack thereof, wer in iolation of Regulali n 8A9. On tab r: , 2023, you appeared before me, executed a waiver and requested that I adjudicate the di cipline in th i maner. Accordingly, it i my decision that you receive a letter of censure for your ctions. The matter is clo ed. Paul . Dequ.arto Troop Commander 1'roop F Ne York State Police - Troop F, 55 Crystal Run Road, Middletown, NY 10941 I www.troopers.ny.gov New York State Police INSP-11 (Rev 1123) Personnel Complaint Work Sheet . ~ Level Date Occurred Time Occurred Personnel Complaint Level 2. 10/12/2022 10:23pm Initiated By CTV NYSP - - F5624 Detail or Troop '. Mode Received F In Person 11 - Synopsis: Trooper delayed the reporting of a vehicular pursuit involving a motorcycle resulting in a crash and then misrepresented the facts and circumstances in subsequent documentation. _pe.rsonnel Involved -" Employee ID# Name (Last, First, Ml) Rank Strickland, Elias Trooper C: r - ,.... lnfonnation (fi Member 1----- TZS Shleld F311 4303 White ~ ,= .- .~ Name (Last, First, Ml) DOB Addren Race Sex Race City State Zip Phone I Member lnform-.tion llf - . ., , _ -, -·- --- (Last, First, Ml) ·- DeQuarto, Paul M. - ~: 'J t Rank Major Administrative Notification Information ~- - - - are -_ ~~- Receiving Member Name (Last, First, Ml) Nielson, Mark A. Rank Captain Troop Notifkation Name (Last, First, Ml) Rank DeQuarto, Paul, M. Major Division Notification Name (Last, Firat, Ml) Banbury, Nicholas A. Investigating Member Name I L.a-• First, Nielson, Mark A. Rank Staff Inspector Rank ' captain - -- ID# Employee ID# - F011 I Shield 1154 Shield Date F012 4868 02/09/2023 TZS Shield Data Shield TZS H134 ID# 1154 3715 TZS F012 Shield 4868 1 I White TZS F011 Employee ID# ~ TZS ,a, Employee ID# - - I I 02/09/2023 Date ! 02/10/2023 Data 02/13/2023 - - Page 1 of 6 New York State Police INSP-8 (Rev 4/23) ., DCN2023-0020 PC# Administrative Investigation Report Date: Case# . -' /'. " ~ ~'< . . · -:: -~ □ Incident Review Injury/Illness to Person Prior to Custody .'f:~;::-:-) ... - • '•! □ -·· .' .. , ·•; IE "' - ,. . :it~::·. ' ;,- "1"f}.: 10/12/2022 ~:· -~ " . . . .-·· . . . Type: ' ij}\ --- . -~ I lnitlal I Final t] 0 Level 2 Injury/Illness to Person Being Taken Into Custody on-Duty lnjury/Jllnoss/Exposurel I ·1 Injury/Illness to Person While In Custody □ I l □ Damage/Loss of Division Property :Employee 'R~_ cie_ 1v1niflnitiijlCQmo1aint -· . 1--_ __ _ __:___ _ _ _ _ _ _ __ Name__:_ (Last. Firsl. Ml) _ - ... .:~·· · _ _ _ _ _,1.-_ _ __ Rank_ or TiUe Nielson, Mark A. Field Generated Dale Occurred: 10/12/2022 County: detail) _ · ,·. --+ Employee ID # I Tlmo Occurred: 10:24 p.m. TZS Shfeld F300 250 [El ..:::,>'•' '· Date Reported: ;·> . ., ' /. , O2/09/202·3r Time Reported: 9·;00 a.m. State Route 9w Ulster Synopsis: (Provide _ ' Captain Reported By: Place of Occurrence: -· • . CITN: I ClV Code: F5664 V/Saugerties Trooper delayed the reporting of- a vehicular pursuit involving a motorcycle resulting in a crash and then misrepresented the facts and circumstances in subsequent documentation. Employee ID# Rank Name (Last, First, Ml) - TZS Shield Ethnicity Race - - + - - - l - - - + - - - - - - =- - - 1 - - - - - - - - - 1 Strickland, Elias, E Trooper F311 4303 Non-Hispanic White Lovgren, Eric Sergeant F321 5167 Non-Hispanic White DOB Name (Last, First, Ml) Address State City Rank Employee ID # TZS Ethnicity Shield Race Zip Phone First Date out of work Duty Time Lost If Member: Sex ARS # hrs Injured Body Part: Diagnosis : C/1 Ill GI Name of HospitaUEMS: ~ Treated by: ~ Treatment Refusal Witnessed by: Date Treated: ·o i - - - - - - - ~ - - - - - - - - - - - - - - - - - - ' - - - - - ' - - - - - - - - - - - - - - - - - 1 :s-------------------------------------------4 Associated Charges: Use of Force: Type of Force: 1) 2) INSP-8 (Rev 4123) Page New Yolk State Police DCN2023-0020 PC# Administrative rnvestigation Report Reyes, Richard, A Ethnicity -Hispanic - -.- - State City Address Person lnterviewed.#2 10/12/2022 White M Zip Phone NY-- · Ethnicity Lanzarone, Anthony - Non-Hispanic White Address State City NY ., .,. . DOB Operator (Last, First, Ml) Model Ethnicity Race Sex 1 _ , M Phone Zip '. !- - 4 , Q ~ Mlleago VAN# :{'.¾;, · ---------------,1------------. ".---~ • It • Sex Race Reg. ~tate Color Vear . . . -:i-: Reg.# ;;i\ ·. ·!i . .· "'$• i.l t,£;:~; . :.)~.\ Operator (last, First. Ml) Make Ill Sex DOB Division Vehi cles: • Race Name (Last, Firs!, Ml) Make . ,,,..?-:-;'\' Date: DOB Name (last, First, Ml) 6 or ' , ,:11 - ' . ,.. ~,. .·i{ .. Case# 2 DOB Model Vear MIieage VAN# Race Elhnl<:ity Reg. State Color Reg. # Division Vehicles: Typo Reason for Damage/Loss Make Model Property Description VAN# Vear Reg, # Serial# Cal/Ga Damage Description Property Value $ DOB Owner {Last, First, Ml) Address City Ethnicity State Race Zip Sex Phone ,..•!:• =... h DCN2023-0020 PC# Person Interviewed Supplemental . .•, 3 ·- ., ;: fl - .... ... ·<> City State Zip 4 High Street Saugerties NY 12477 .... .. • h" ... :.P.ersonJntervJewedi#.k5 State NY Kingston ... , ' ~-·-:: . ,·.~--,..· ,. . - -~:l-,( -- . ,v --,t .\ ,- :,, ,\-~ - Phone 12401 (845) 338-3640 - :;~4:-.. · :\~--- . - Costello, Fred City Saugerties 6 Costello Court •;Person·;n,terviewecttt :s· .'!"'" ~ :.,: . ;,( . .'.\! ~--. ~-·'." .;1·:. .. :ii,": ·'·*~~t--..- .. ' ,,··>~;_;':'., '" ., ·,·>_. "' ,:: . -~:>.~ .,-· 733 Broadway .· . -~ State Zip NY 12477 '.',. . ~ . ··- -~ ·H ·;~( ' ~'· , ... ' ""c_ __ State Zip Kingston NY 12401 Race City State Lake Katrine NY ., ,- .. .. .. . ,. . . , ... ·-- Name (last, First, Ml) F ·- . .. .,. _ , .. Sex . ...... -~- . M Phone (845) 382~1111 12449 ·- - ,. " , Race Se" White Petro, Thomas, K (Attorney) Address NY •Kingston .. ,, ,;;•~ ·-:. . ;,,;....1lt . . . !' ;, " ·' r3t. ;,. -- ::·~ ·::·: . ...:ti · - : [' · ' 12401 .,_.. , -j':i:"; .;i._':-;,!:-r. ... . . .:if.~ ~ DOB Name (Last, First, Ml) Ferry, Michael, M Address City 2046 Route 32 Rosendale M Phone Zip State City :-!.t~--'· . . N Sex Zip DOB -:~ y •• White ... 11· Maiden Lane • Phone ··- Address <eerson:tlnter;viewed #/ ;_ 9, •;,; City DOB "ll NV. ,S ;,,_.,.._ M Race Berardi, Kyle (Chief-Ulster PD) ~Person]riterviewed #1 8 sex White Name (Lasl, Ffrst, Ml) 1 Town Hall Drive ..• . 'if. Phone ' ... Person.Interviewed #: 7 . -, -·...) . -, ~ -~~ ~r..::- .. : White Lane, Kristine (Ulster County· Probation) Address . ;-4;:t,.., . Race DOB Name (Last, First, Ml) M Zip DOB Name (last , First, Ml) Address -- Sex White City , . Race Fulford, Wallace (Lt-Ulster Co Sheriff) , . . : .;. : ' (845) 246-9800 - ..., ' - ·· DOB Name (Lasl, First, Ml) M Phone .. -- 380 Boulevard Sex White Address Address 10/12/2022 Race Swart, Kenneth, J (Lt-Saugerties PD) - ' , DOB :PersonJntervieWed # . 4 .. -- .. .. ,., Name (Last. First, Ml) ~ .- :~;· . ·- · Date: ... ·:i~. ~--. ,, _,: ;· . ~- : ; : ·: . .A·!i'. SJS # Person Interviewed # 3 Page New York State Pollce INSP-SPI (Re11 11/22) (845) 338-1162 . ,., ,. . !'1'. ·-~-k,:•: ·:· ----~~ . . • ·' :: · Raco ✓., ., •• Sax White M State Zip Phone NY 12472 (845) 658-9944 .. .. , PC# Person Interviewed Supplemental 4 Page New Yori< State Police INSP-8PI (Rev 11122) .. DCN2023-0020 < SJS# Date: 10/12/2022 ,, •. . ..·ooe Race Sex White City State M Phone Zip NY__ DOB - State City Name (Last, First, Ml) NY DOB Sex White M - Phone Zip Phone Zip Sax Race State City Race . ''.T.';';,~ ,., . ~~-. .... , ., ~;:~: ' ·:er; ._.,, 1. ,4 .. , -□□ B Name (Last, First, Ml) . Address City Address Stale Zip DOB Name (Last, First, Ml) City Sex Race Phone Race State Sex Phone Zip :P.erson. lnterviewedl# . DOB Name (Last, First, Ml) Address City Race State Phone Zip Person Interviewed,# Name (Last, First, Ml) Address DOB City Race S1ate Zip Sex Phone • Page New York State Police INSP-8 (Rev 4123) 5 of 6 --· DCN2023 .. 0020 PC# Administrative Investigation Report Case# - ·- 10/12/2022 Date: Ericlosur~s Checka,List (Check all'that aoolv-l -·- Last Name of Person(s) Submitting Memo(s): (put enclosure # after name) Tegeler (20), Hogan (22), Bukovinsky (24), Alma (26), Barnett (27), Leon Saravia (28), Be.nincasa (29), DeGregoria (32), Davis (42) Memo(s) Last Name of Person(s) Signing Depositlon(s) and/or Slatement(s): (put enclosure# after name) Depositions and/or Statements 0 Lazarone (9), Costello (16), Lane (31), Ferry (39), - (41) Title, Last Name, EMS Service or M!!dlcal Facfllty (put enclosure# after EMS Service or Medical Facility) Medical Deposithm(s) D l~:r: -·'.: Enclosure# □----11-----------1 Enclosure# IJ Portal Message □ GENL-1 F Use of Force Data Collectlon □ Incident Report Enclosure# □ -------t------------1. , GENL-34D Enclosure# 0 Photo Record AMS Message •~ #' ·: · ., , : f ~_$~~~ - -~ -<,' GENL-91 Vehicle Pursuit Report □- Enclosure# MV104A I TB-62 Police Accident Report □ Enclosure# Non-SP Collisionnncldent Report (TRACS} □ Enclosure# 0 0 # enclosed: 6 Transcript enclosed: Yes EnterSource: .,,..d,,IIPT•'·"""'"'·'"'""'~"lJ # Enclosed: 4 Transcript enclosed: No Enter Source: """"""'·c..c,.""'~"..•·°""'"""'6j Enclosure# Audio Recording Video Recording GENL-81 Medical Release □ r~-r>:. . ,: · Last Name(s): # Enclosed: Enclosure# Describe: Adminls1ta1iv0 R&por1 • Division Vohlc:lo PDAA, Incl. enclosurM (1) Other Enclosures 0 (put enclosure# after name) Records Enclosed: OWC Audit lo9S (2) AVl Cala-.3F11 (4 US8) CRURepori'7) Volunli>ry Consonl Seon:h fonn • Vldoo(O) Saugerties PC lncldenl Repo,t (12) Ulo!a, County AVL 3F11 {1!) P"'1al OIU.Jno sea,ch reau\tg (171 AIIL map (18 USB) Timeline(19) IJJoler Co llobllo D•la (23) E 111ails-Slrickl.,,d (2S) IJlstor PO Incident (JJ) Dismln•l l4'nor/C9'11ficate ol Dlspo•llion (~5) In,,,. 8H FIio h11lo,y ◄ 38) 3F11 Underearriaoe ?lcluro~ taken t,y Bilrs Auto (:l!IA) Yes I Enclosuro# D ,,~"-"! No [ ,1.u.,o.@ J New Yotk State Police INSP-8 (Rev 4/23) PC# Administrative Investigation Report DCN2023-0020 Date: Case# BWC Recordl ng Viewed by Supervisor? Yes [2] NoO Sti,eld of Supervisor Viewing BWC Recording Name Rank Sigr,ature Cato 10112/2022 250 Employee ID# TZS To: troop Commander I concu.r with ttie findings of tllis inl/ootigation: Yes From: D No Disposition imposed under Rule l: No Action Warranted D Letter of Censure D Probation Intra• Troop TraasferO # of days: □ Loss of A.L. Days # ·o f days: □ D New York State pollce: , .... L: Page 1 of 12 . -On February 9,·2023, Adrninistrat[ve Investigation Report, dated: October'·12, 2022,.-SJS# · . 11095144, titled DivJsion Vehicle PDAA, involving 1rdqper Eli.as E Strickl~nd was re~eived at Jroop F He8:dguarters arid reviewed by me; .The 'rep.art-was authore_d by Sergeant Eric· P. ·Lovgren," revieytep py LieutenanfBerna~d V. Davis'and endorsed .bY ·captain Mario Restivo. Upbn're\iiew, ~·- ·· inforll!atiqn·contained in the repqrt, associafed ~nclosures and the,cited ~on BWC'the following·was -immediately apparent: ' · · • Trooper Strickland provided a·vague and_generalized· memorandum account of the.pursuit and coilisiori. ·· · · • Extensive underca.rd?ge damage sustained by the involved Division vehicle, 3F11, was inconsistent with a rear end colli~ion involving a motorcycle as ·report~d .. ·Explanation,for this damage was riot offered by the involved member nor the investigating supervisor.· Three of Trooper Strickland's Axon BWC recordings were cited·in°the report narrativ~. The first of the recordings-chronologically was the only r~.cording of the three not categorized or identified -by Trooper Strickland as being related to the pursuit and collision. It was . captured more than ~ix minutes earlier and approximately four miles from the accident scenewhere the two additional recordingswere captured post pursuit and collision. SJS Incident #11095144 was. included as an enclosure t'o the report.· The last two· investigative actions c.ited in the ·incident report occurred after t~_e report had been reviewed by Lt. Davis on January 18, 2023, and endorsed by Capt~in Restivo on January 19, 2023 • • (Ref: E-1) On February 9, 2023, I reviewed Trooper Strickland's Axon BWC recordings to include each recordings audit report. · • Axon Body 3 Video 2022-10-12 2224 X6039BMJY.· Pre.:event recording began at.10:23:41 p.m,. The recording is forty-nine seconds in duration and captured Trooper Strickland· driving southbound on State Route 9W, south of the Village Saugerties with emergency lights activated. • Audit.Log documents: . . •. 10/12/22, 10:24:11 p.m. - Recording started due to signal vehicle activation • .' JOi12/22, 10:24:30 p.m. - Recording stopped due to button press • t0/13/22, 7:12:16 a.m .. --Category 1 General added by Trooper Elias Strickland • 1/18/23, 1:15:44 p.m. - Category *Admin 6 added by Lieutenant Bernard Davis • Evidence record was only streamed by Lieutenant Davis and Captain Restivo prior to Troop review of • Axon Body.3 Video 2022-10-12 2231 X6039BMJY. Pre-event recording began at 10:30:42 p.m. The recor~ing is fifty-nine seconds in duration and. captured Trooper Strickland stopped at the intersection of Canoe Hill Road and North $treet in Village of Saugerties (accidentscene). At ~0:31:15 p.m. Trooper Strickland's made a radio transmission reporting the motorcycle struck his yehicle and the motorcycle operator fled on foot. • Audit Log documents: - . Administrative Investigation Report ·--· Narrative - -- ■ ■ ■ ■ ■ DCN2023-0020 PC# . • Page 2 of 12 New York Stale Police INSP-8N (Rev 11/16) SJS# - - .. Date: 10/12/2022 10/12/22, 10:31 :11 p.m. - Recording started due to Axon Signal Vehicle activation. This indicates 3F11 's emergency lights had not been activated. 10/12/22, 10:31:42 p.m. - Recording stopped due to button press. 10/13/22, 7:12:33 a.m. - ID 11095144 and Category 3 MisdemeanorNiolation added by Trooper Strickland. 1/18/23, 1:08:34 p.m. - Category "'Admin6 added by Lieutenant Bernard Qavis Evidence record was only streamed by Lieutenant Davis and Captain Restivo prior to Troop review. Axon Body 3 Video 2022-10-12 2233 X6039BMJY. Pre-event recording began at 10:32:33 p.m. The recording is fifty-nine minutes and twenty-four seconds in duration and captured Trooper -Strickland's activities at the accident scene post collision to include his recovery of 3F11 's front license plate, the motorcyclists helmet. The arrival of assisting patrols and supervisors, inspection of damage to 3F11 and on-scene investigative activities. e Audit log documents: ■ ■ ■ ■ ■ 10/12/22, 10:33:02 p.m. - Recording started due to bl:ftton press 10/12/22, 11 :31 :57 p.m. - Rec~:>rding stopped due to button press 10/13/22, 7:39:30 a.m. - ID 11095144 and Category 3 MisdemeanorNiolation added by Trooper Strickland. 1/18/23, 1:07:29 p.m. - Category *Admin 6 added by Lieutenant Bernard Davis Evidence record was only streamed by Lieutenant Davis and Captain Restivo prior to Troop review. There is no record that any of BWC recordings were ever viewed by Sergeant Lovgren, contrary to the information contained on page 4 of E-1 which indicates BWC recording was viewed by supervisor (Lovgren). Additionally, both BWC recordings that were captured at the accident scene after the pursuit and collision had occurred, both began before 10:32 p.m. Therefore, the time of 10:32 p.m. indicat~d as the time of pursuit occurrence/report on page 1 of E-1 as and on its associated enclosures (AMS# AMSP160G01 PZF, SJS Incident #11095144, Genl. 91 Pursuit Report, MV104NL) is incorrect. (Ref: E-2) On February 9, 2023, I obtained and reviewed all the thirteen radio transmissions that occurred on October 12, 2022, regarding the pursuit and collision from Troop F Communications as well as the CB-6/Radio Log from SP Highland, • 10:30:29 p.m. Trooper Strickland's first transmission, 1;Just had a dirt bike or n:,otorcycle take off from m_e on a traffic stop. Gonna be north of Saugerties. I'll get you a location not, uh, no lights, following with no lights." • 10:31:19 p.m. Trooper Strickland's second transmission made thirty-nine seconds later; "He just uh, struck my vehicle. Uh, he's, uh bailed out on foot." 1NSP-8N (Rev 11116) Administrative Investigation Report Narrative • • 1 Page 3 of 12 New York State Police DCN2023-0020 SJS# · Date: -1 0/12/,202 2 This iadio ·transmission was captured on the Axon Body 3 Video 2022-10-12 2231 X6039BMJY at 10:31 :15 p.m. referenced earlier in this report (Note: Radio/Call logger time 'is four seconds ahead of Axon BWC time) 10:32:03 p.m. Trooper Strickland's third transmi~sion providing his location at Markef Street Extension and North Street and requ~sting additional units and a s_upervisor. This is the first of the radio transmissions recorded in th.e CB-6/Radio Log. The remaining radio transmissions offered no investigative value warranting further address. The cited radio transmissions corroborate the pursuit and collision occurred prior to 10:32 p.m. Audio files of all thirteen .radio transmissions, transc'riptions and the CB-6 are enclo.sed. (Ref: 6-3) On February 9, 2023, Major Paul M. DeQuarto was advised and directed a complaint against personnel be initiated and I, Captain Mark A. Nielson, was assigned to conductthe investigaton. On February 10, 2023, AVL data.was obtaine9 for3F1 tfrom October 12, 2022, from 10:00 ' p.m. -10_:30 p.m. My review of the data found that 3F11 was in continuous motion for a period of six minutes and twenty-two.seconds, between 10:23:29 p.m. and 10:29:51 p.m., before plotting at O mph. at 1-0:30:29 p.m. at the intersection of Market Streetand North Street, the site of-the collision. At 10:23:29 p.m., 3F11 was travelling south on State Route 9W sout_h of the Village of Saugerties ata speed of 55 m.p.h. 3F11 continued to increase in speed as it travelled south, attaining a top speed of 82. mph at 1'0:24:02 p.m., and continued' south onto State Route 32 marking its last southbound plot at 10:24:33 p.m. ata speed of 65 m.p.h. (This was the same period that was captured by Axon Body 3 Video· 2022-10-12 2224 X6039BMJY that recorded Trooper Strickland driving southbound on State Route 9W, SO\,Jth of the Village of Saugerties with emergency lights activated as cited earlier,in this report) 3F11 then travelled back northbound on State Route 9W at commensurate speeds, into the Village of $c;1.ugerties plotting on Post Street, Main Street, Washington Avenue, Bob Mosner Drive and Market Street. (Ref: E-4) On February 13, 2023, I consulted, Mr. Hobert Weiboldt, Troop F _AMI,. regarding the damage sustained by 3F11 and the undercarriage damage. Mr. Weiboldt and I reviewed the.damage repair estimate from Troy's Auto Body Irie. while viewing the undercarriage of the same year, make and model vehicle as 3F11. Mr. Weiboldt stat~d that in his experienGe the undercarriage damage sustained by 3F11 resulted from it being driven over something and not from a, rear end coJlision. Mr. Weiboldt confirmed that the repairs to 3F11 had already been completed by Troy's Autobody. On February 13, 2023, I obtained and reviewed the seven telephone calls to or from SP Highland .on October ·12·, 2022, regarding the pursuit arid collision. Audio files of the calls and ,transcriptions are enclosed. Call transcriptions are included with the transcription of E-3. (Ref: E-5) On February 13, 2023, with assistance of Troop F FIU/CRU, I inspected the 2007 Suzuki · motorcycle involved in the collision at the SP Kingston Impound lot. The only damage- or evider1ce I observed consistent with a rear end collision was the presence of perpendicular scuff marks on.the rear tire ofthe motorcycle. The marks were to have perpendicular consistent with impacting 3F11's front license plate frame and or push bumper. The motorcycle did not have any significa~t visible damage and clearly had not been run over. Photographs of the motorcycle were taken by INSP-8N (Rev 11/16) Page 4 of 12 New York State Police Administrative Investigation Report Narrative PC# DCN2023-0020 SJS# Date: 10/12/2022 Investigator Mark Whalen to include photographs of the rear of the motorcycle in relation to the front of 3F11. Only photographs pertinent to this investigation are attached. A compact disc containing all seventy-seven photos is retained at Troop F FIU. (Ref: E-6) on· February 13, 2023, Troop F CRU Investigator Mark Whalen performed an examination of 3F11 's vehicle data recorder:. Examination found that no event had been recorded regarding th.e October 12, 2022, collision. (Ref: E'"7) On February 13, 2023, I drove the route travelled by 3F11 as recorded by AVL data. identified two speed bumps located on Bob Moser Drive as a potential source for undercarriage damage, · On February 13, 2023, Troop F BCI assisted me with canvassing the route of travel established by 3F11 's AVL data for any video recordings. The Quick. Chek Store #134 located at 3048 Route 9W Saugerties, NY was found to have video capturing 3F11 pursuing the motorcycle through the parking lot from State. Route 32 south to Sate Route'9W north on October 12; 2022. NYSP Voluntary Consent Search form was completed, and a copy of the video(s) was requested. The video was later downloaded to a compact disc and reviewed (Reference: E30 and findings on page 6 of this report). (Ref: E-8) · On February -14, 2023, I interviewed Mr. Richard Reyes of Troy(s Auto Body Inc regarding the repair of 3F11. Mr. Reyes stated that the undercarriage work h~d been_ subcontracted to All Automotive in Highland, NY and all the repair work had been completed on January 13, 2023. On February 14, -2023, I deposed Mr. Anthony ~anzarone, owner of All Automotive. Mr. Lanzarone personally completed the undercarriage work to 3F11. He stated the damage was caused by the ~ub-frame striking a fixed object protruding from the ground. It appeared the impacted area of the sub-frame was localized to its center. The damage was not consistent with a collision involving another vehicle. The damaged parts had already been disposed of. (Ref: E-9) On February 14, 2023, I photographed the intersection of Market StreeUCanoe Hill Road arid North Street and the accident site. (Ref: E-10) On February 14, 2023, I met with Lieutenant K.J. Swart of the Saugerties Police Department· and requested: • The identity of the Saugerties Police Officer who responded to the scene to assist Trooper Strickland and a copy ·of his .BWC footage and any blotter/incident report. • Officer identified as PO Joseph Comito · • BWC footage obtained (Ref: E-11) I reviewed Officer Comito's BWC which captured audio of his interaction with Trooper Str.ickland as the first arriving backup unit. BWC also captured a telephone·conversation between Trooper Strickland and Zone Sergeant Joshua Taylor. (Transcription of audio is· included with.the transcription of E-3) • Saugerties PD Blotterentry obtained (Ref: E-12) INSP-8N (Rev 11/16) Administrative Investigation Report Narrative • Page 5 of12 .' New York Slate Police PC# DCN2023--0020 SJS# ·•· < ,J - ~ Date: 10/12/2022 Query Saugerties PD call logger for any calls received regarding the pursuit. The following calls were identified: • .10:25:42 p.m. SPD received a call from Town Supervisor, Fred Costello, State Police chasing a motorcycle southbound and northbound on 9W • 10:31 :54 p.m. SPD contacted by Sgt/SC Joshua Taylor requesting patrol to assist !' 10:33:53 p.m. SPD contacted by Trooper Joseph Alma from SP Highland requesting patrol to assist Transcription of these calls is included with the transcription of E-3. (Ref: E-13) • Assistance locating surveillance video of the pursuit. The following videos were located: o Video located from Cantine field of 3F1 1 pursuing the motorcycle at a close distance north on Washington Avenue, west on Bob Mosner Drive and north on Market Street using only takedown lights and spotlight without use overhead emergency lighting. (Ref: E-14) On February 15, 2023, I contacted Lieutenant Wallace Fulford of the Ulster County Sheriffs and requested Track Star AVL data for 3F11. Track Star AVL data was received, reviewed and found to be identical to-Division AVL data. (Ref: E-15) On February 16, 2023, I interview and deposed Mr. Frank Costello regarding his call (E-12) to · Saugerties PD on October 12, 2022. Mr. Costello witnessed a State Police vehicle pursing a motorcycle first southbound on Route 9W arid then northbound at a high rate of speed. (Ref: E-16) On February 16, 2023, I requested a Portal Off-line search for inquiry history regarding New York registration- and CID/DLIC pertaining to Results identified an inquiry of the registration on October 12, 2022, at 10:26:51 p.m. via the Ulster County Metro interface. (E-17) On February 17, 2023, I mapped the GPS coordinates associated with the twenty-four moving AVL plots of 3F11 received on February 10, 2023·, Mapping identified the AVL plot at 10:28:25 p.m. to be off road at 115 Main Street Saugerties, NY. Of the AVL plots this is the only one that does not plot directly on a roadway indicating that 3F11 was driven off road. (E-18) On February 181 2023, I constructed a timeline of events. (E-19) On February 20, 2023, I interviewed Trooper Michael Tegeler as a potential witness, but no pertinent information was gleaned. Trooper Tegeler responded to the accident and assisted with suspect BOLO. (Ref: E-20) On February 20, 2023, I walked through the off-road location at 115 Main Street Saugerties, NY. The location is a mowed grass field that lies between ·Main Street and Lafayette Street and is a viable off-road route between the off road AVL plot and the nextAVL plot at 10:28:56 p.m. on Washington Avenue. I identified two potential sources for undercarriage damage; the first being a raised steel manhole cover riser that had damage in the south edge, the direction from which 3F11 would've been traveling as well as curbing along the north side of the field bordering Lafayette Street I photographed the likely route through the field, the manhole and curbing. Only photographs · INSP-8N (Rev 11/16) Page 6 of 12 New York State Poliee Administrative Investigation Report Narrative PC# SJS # DCN202l-0020 --· ' Date: 10/12/2022 pertinent to this investigation are attached. A compact disc containing all nineteen photos is retained at Troop F Fl U (Ref: E-21) On February 21, 2023, I interviewed Trooper Matthew Hogan as a potential witness, but no pertinent information was gleaned. Trooper Hogan responded to the accident and assisted with suspect BOLO. (Ref: E-22) On February 22, 2023, I contacted Lieutenant Wallace Fulford of the Ulster County Sheriffs Office for assistance in identifying the individual who made the registration inquiry cited in E-16. Ulster County Information Services identified estrickl.nysp 3F11 as the individual who made the inquiry. (Ref: E-23) On February 22, 2023, I interviewed Sergeant Andrew Bukovinsky as a potential witness, but no pertinent information was gleaned. Sergeant Bukovinsky responded to the accident scene. (Ref: E-24) On February 27, 2023, an email pull was conducted of Trooper Elias Strickland. Sixty-two emails were identified with possible relevance based on search parameters. All were reviewe.d and only seven were found to be relevant. (Ref: E-25) On February 28, 2023, I interviewed Trooper Joseph Alma as a potential witness, but no pertinent information was gleaned. Trooper Alma was captured on the SP Highland telephone call review. (Ref: E-26) On February 28, 2023, I contacted Ulster County Senior Probation Officer Kristine Lane via telephone and interviewed her regarding her contact with Trooper Strickland on January 19th and 23rd, 2023 as cited in his SJS Incident report. Probation Officer Lane agreed to meet with me on March 6, 2023, for further interview and to arrange an interview of On March 1, 2023, I interviewed Sergeant Nigel Barnett as a potential witness, but no pertinent information gleaned. Sergeant Barnett responded to the accident scene. (Ref: E-27) On March 1, 2023, I interviewed Trooper N. Leon Saravia as a potential witness, but no pertinent information gleaned. Trooper Leon Saravia was assigned to the SP Highland deskffrooper Strickland's radio control point on the night of the incident. (Ref: E-28) On March 2, 2023, I interviewed Trooper Ryan Benincasa as a potential witness. Trooper Benincasa responded to the accident and assisted with suspect BOLO. In the subsequent days he assisted Trooper Strickland with his follow-up investigation and learned that the pursuit had traversed a field. (Ref: E-29) On March 6, 2023, I received and reviewed the surveillance video from QuickChek Store #134. • Camera 3 captures the rear/east side of QuickChek. At 10:26:14 p.m. the motorcycle and 3F11 enter the shot from the top left corner. 3F11 is f(?llowing the motorcycle approximately one car length behind with emergency lights activated. INSP-SN (Rev 11/16) New York Slate Police Administrative Investigation Report Narrative PC# SJ$# Page 7 of12 DCN2O23~OO2O Date; 10/12(2022 • Camera 12 captures the south side of QuickChek. At 10:26:21 p.m. the motorcycle and 3F11 enter the shot from the left as they travel west through the parking lot. • Camera 5 captures the west side/front of QuickChek facing State Route 9W. At 10:26:26 p.m. the motorcycle and 3F11 enter the shot ·from the left as they travel west through the parking lot and exit onto State Route 9W northbound. The motorcycle's rear lighting does not appear to be operational. • Camera 6 captures the QuickChek entrance/exit to State Route 9W. At 10:26:26 p.m. the motorcycle and 3F11 enter the shot from the left as they ·exit the parking lot onto State Route 9W northbound. 3F11 is pursuing less than or:,e car length behind. (Ref: E-30) On March 6, 2023, I deposed Ulster County Senior.Probation Officer Lane. Probation Officer Lane stated she was contacted by Trooper Strickland on January 19, 2023 and advised of the pursuit and collision that occurred in October of 2022 and that Trooper Strickland suspected probationer, to be the motorcycle operator. Probation Officer Lane agreed to arrange an interview of Mr. on January 23, 2023. During the conversation, Probation Officer Lane informed Trooper Strickland that had been treated for a leg injury at the Kingston Hospital on October 13, 2022, which he attributed to a wood chopping incident but had not reported to her office until one week after the fact. On January 23, 2023, Trooper Strickland interviewed~ privately at Ulster County Probation. Following the interview Trooper Strickland advised Probation Officer Lane that Mr. had maintained he was not involved throughout the interview. Trooper Strickland also advised her he had issued two traffic ticket to Mr. and if he pied not guilty the tickets would be dismissed because he (Strickland) could not prove operation . (Ref: E-31) 11111- On March 6, 2023, Sergeant James Bodisch and I attempted to interview at Ulster County Probation. Given the pending traffic tickets I inquired about Mr. legal representation in the matter. Mr. indicated he had retained Attorney Thomas Petro as his counsel. I terminated the interview and advised Mr. I would contact his attorney directly. On March 7, 2023, I interviewed Trooper John M. DeGregoria as a potential witness as he was captured on the SP Highland telephone call review on the night of the incident. No pertinent information was gleaned. (Ref: E-32) On March 8, 2023, I contacted Town of Ulster Police Chief Kyle Berardi regarding the K9 · response to assist with a track on October 12, 2022. Chief Berardi provided a copy of UPD Incident 2022-00011690 and advised there was not any body worn camera footage. (Ref: E.:33) On March 8, 2023, I interviewed Zone Sergeant Joshua Taylor as a member witness at Troop F Headquarters. Investigation identified a telephone call from him received by Trooper Strickland, post event, captured on BWC. Telephone communication between Zone Sergeant Taylor and Saugerties Police Department and SP Highland was also identified. Zone Sergeant Taylor facilitated . ', ' INSP-SN (Rev 11/16) New. York State Police Administrative Investigation Report Narrative . PC .#· .Page 8 of 12 OC~2023-0020 ·Date: SJS# 10/12/2022 the response of assisting units but did not respond to the scene n9r conduct any investigative acts. (Ref: E-34) \ On .March 20, 2023, I con_ducted a Member-Target, Non-Custodial Interrogation of Trooper Elias Strickland at Troop F Headquarters. Trooper Strickland acknowledged that October 12, 2022, he had engaged in a pursuit of a motorcycle that concluded when he collided. with the motorcycle. Trooper Strickland acknowledged he had terminated his Body Worn Camera recording and shut off his overhead .emergency lighting as he continued the pursuit and did not reactivate his Body Worn Camera until after he had collided with the motorcycle. · Duririg the pursuit Trooper Sfrickland chased the motorcycle off-road through a field and had bottomed out 3F11 as he entered Lafayette St from the field and again on speed bumps -located on Bob: Mosner Drive which resulted in undercarriage damage to 3F11. Following the rear end collision, Trooper Strickland made structured radio transmissions to conceal the extent of the pursuit and to purport the collision occurred fifty seconds after the pursuit was initiated. Trooper Strickland acknowledged he had withheld information, . specifically the continued pursuit without use of emergency lights, off road pursuit, and the bottoming Ol.lt of 3F1 f from the iovestigating ~upervisor, Sergeant Eric Lovgren, for fear of getting in trouble for not reporting the pursuit when it began. Furthermore, Trooper Strickland acknowledged thatto further conceal.the extent of the pursuit he had pur,posefully not categoriz~d nor identified the Body Worn Camera recording that captured the initiation of the pursuit and completed and submitted a Genl. 91 Pursuit Report with incorrect times to maintain his false account. Troope·r Strickland acknowledged he had issued two traffic tickets to the individual he suspected to have been the motorcycle operator, without having probable cause to support 'the charges and had never informed Sergeant Lovgren. (Ref: E-35) On March 20, 2023, I presented a letter to Saugerties Village Justice Court requesting the Unjform Traffic Tickets issued by Trooper Strickland to. be dismissed for lack of cause. Both tickets were subsequently dismissed. (Ref: E-36) On March 29, 2023, I spoke with Attor,ney Thomas K. Petro via telephone. Mr. P~tro confirmed he was· representing on the pending co1;1rt proceeding and would. not avail his 'Client for interview. . . ·-on April 4, 2023, I conducted a Member-Target, Non-Custpdial Interrogation of Sergeant Eric Lovgren at Troo'p F Headquarters. Trooper Lovgren stated' that on the night of accident Trooper Strickland informed him he :had initially attempted to 'Stop th~·motorcycle south of th~ Village of Saugerties and when the motorcycle didn't stop, Trooper Strickland deactivated his emergency ·l ights and followed the motorcycle through the Village of Saugerties. T~ooper Strickland .re-adivated l:ljs lights in a second attempt to ~top the motorcycle on Market Street and the pursuit ensued which ended in collision. Sergeant Lovgren stated the never learned ~ny information contrary to what Trooper Strickland, had reported to him and believed the pursuit to have be~n a short duration. Sergeant Lovgren acknowledged he took -no investigative actions to verify any of the iRformation provided by Trooper Stfickland and completed subsequent report documents based solely on Trooper Strickland's account. Sergeant Lovgren ackn,o wledged he did ·not review any of the radio transr,nissio~s associated with the incident1 didn't question the undercarriage damage sustained by 3F11, did not review any of Trooper Strickland's Body Worn Cam~ra recordings but had' indicated the New York State Police INSP-8N (Rev 11/16) Page 9 of12 . ".!:!, _~ , Administrative Investigation Report Narrative PC# DCN2023~02O -• . ,~i,:._,·: ._., 10/12/2022 Date: recordings had been r~viewed. Sergeant Lovgren acknowledged he had not complet~d any follow-up interviews Qf potential suspeqts investigative actions reg~rding the collision beyond What and never made any·personal attempts to· identify the operator ofthe motorcycle. (Ref: E-37) . 1 . On April 5, 2023, I requested and received the file history for the lnsp. BN Word document submitted as. a part of E-1, from Senior Investigator Michael Kijowski, BISU. I reviewed the file activity and associated·document revisions· and found that Sergeant _Lovgren last edited the document ·on January 16, 2023, at 9: 13 p.m. Review of this lnsp. 8N fou~d it to be devoid of a paragraph addressing Body Worn Camera review and. to be identical to the lnsp. 8N provid_ed by Sergeant Lovgren during his statement. Lieutenant Bernard Davis edited the document on January 1'8, 2023, .at 1:40 Review of this lnsp. SN found it to contain a paragraph addressing Body·Worn Camera review be identical to the lnsp. 8N contained in E-1. (Ref: E-38) · · p.m. On April 6, 2023, I deposed Michael Ferry from Bill's Auto Service. Mr. Ferry stated he had towed both 3F11 -and the motorcycle from the accidentscene or:1 October 12, 2022. On October 13, 2022; he photographed'the.- undercarriage damage sustained by 3F1 ~ at the request of Robert Wieboldt, Troop F AMI and sent the photographs via text message to Mr. Wieboldt. Mr. Ferry also in_dicated he had sent the· same five photographs to Sergeant Joshua Taylor via text.me.ssage at 12:47 p.m. on October 1'3·, 2022. Mr. Ferry pr9vided me with the pictures he took. (Ret E-39 & E,.. ., 39A pictures) On April 10, 2023, I telephonically interviewed as he had beeri interviewed by Trooper Strickland dur:ing his invest_ igation to identify the motorcycle operator. stated he had been contacted by Trooper Strickland in October 2022 after commented on a . Facebook post containing a video ·of a pursuit .involving a New York State Police vehicle and ayellow motorcycle in Saugerties. stated to me that he informed Trooper Strickland that he had - met someone operatin a similar motorcycle earlier that day but did not know the person's identity. Dur.ing my interview, identified as the source of the original Facebook Post containing, the video. declined to provide a deposition. by-- . On April 10, 2023, with the assfstance of Troop F-CCU, ·,, queried Facebook and located the Facebook page belonging to · On the page I .located the post from October 13, 2022, containing a video of the pursuit and the comment (Ref: E-•40) · On April 12, 2023, I interviewed and obtained a deposition frorn who provided his account of capturing the pursuit on cell phone video and posting it to Facebook. (Ref: E-41) s,· .. On May .1 2023,. ~ieutenant Bernard V. Davis provided a memorandum acC9unt of the Zone review of the administrative report (E-1) submitted by Sergeant Lovgren. On January 18, 2023, Lieutenant Davis reviewed and signed the report noting that Sergeant Lovgren had failed to cite the reviewed Body Wo,rn Camera recordings in the narrative of the·report as is normal pra~tice. Lieutenant Davis also noted that the associated SJS Incident report identified a potenti_ al suspect that had not yet been interviewE:d. Lieutenant Davis spoke personally,with Sergeant Lovgren about the omitted BWC ·information, and at no time did Sergeant Lovgren indicate he haci not reviewed the recording(s}. Believing this to be an oversight Lieutenant Davis advised Sergeant Lovg-ren he would add the associated BWC"recording to the report narrative on his behalf. Lieutenant Davis als.o INSP-BN (Rev 11/16) Page 10 of 12 New York State Police - Administrative Investigation Report . Narrative PC# SJS# DCN2023-0020 - -· Date: 10/12/2022 personally spoke with both Sergeant Lovgren and Trooper Strickland about the need to complete the final investigative act of interviewing the potential suspect. Lieutenant Davis acknowledged that Trooper Strickland had informed him of the information alleging the suspected motorcycle operator was treated for a leg injury that may have been related to the collision. Lieutenant Davis gave no instruction or direction to further investigate the injury. On January 19, 2023, Lieutenant Davis presented the report to Captain Mario Restivo for review, prior to returning it to Sergeant Lovgren. Unbeknownst to Lieutenant Davis, Captain Restivo signed the report on January 19, 2023. Lieutenant Davis then returned the report with the a~ded BWC information to Sergeant Lovgren for review and further editing upon completion of the suspect interview. On February 7, 2023, Lieutenant Davis received the report back along with an updated SJS Incident. Lieutenant Davis indicated he did not have an opportunity to review the report afld presented it to Captain Restivo for final review. Lieutenant Davis was unaware the administrative report had not been corrected to reflect the interview of the su.spect, leaving contradictory information in the administrative report and associated incident report. On March 12, 2023, Sergeant Lovgren contacted Lieutenant Davis and indicated that he could not recall if he had reviewed the BWC re9ordings and didn't believe he had written the portion of the report narrative identifying the recordings. Without discussing in detail given the pending administrative matter, Lieutenatant Davis reminded Sergeant Lovgren that all edited reports are always returned to the investigating -Sergeant for final review and approval of any amendments. (Ref: E-42) CONCLUSION On October 12, 2022, Trooper Elias Strickland engaged in a vehicular pursuit with a motorcycle on State Route 9W in the Village of Saugerties that concluded when Division vehicle he was operating ,3F11, accidently collided with the rear of the motorcycle and its operator fled on foot and was not located or identified. Troop review of the associated administrative report, associated enclosures and Body Worn Camera recordings presented information that casted suspicion on the veracity of Trooper Strickland's account of the pursuit, collision and cause of the undercarriage damage sustained by 3F11. Investigation determined that Trooper Strickland had pursued and . collided with a motorcycle; however he purposely withheld information from Sergeant Lovgren and misled him to believe the pursuit was short in duration and conducted in accordance with policy in order to conceal the extent of the pursuit and the circumstances of the collision. AVL data, witness accounts_, security camera footage, along with Trooper Strickland's own admissions confirm that he engaged in a pursuit that lasted five minutes and forty-six. seconds, travelled 4.4 miles, with a top speed of 70 miles per hour. All contrary to what had been reported to and documented by Sergeant Lovgren. The pursuit travelled several roadways, through a gas station parking lot, off road through a field, over curbing and speed bumps causing the involved Division vehicle to bottom out and sustain considerable undercarriage damage. In the moments leading up to the collision, Trooper Strickland was pursuing the motorcycle at a close following distance without the use of his emergency lights, using only his takedown lights and spotlight as captured by Cantine Field security video, Trooper Strickland acknowledged he terminated his Body Worn Camera recording that began at the start of the pursuit as he intended to terminate his pursuit but continued to pursue without reactivating his Body Worn camera. Trooper Strickland acknowledged he had not made any radio transmissions including his initial transmission reporting the pursuit until after the collision had occurred and did so INSP-8N (Rev 11/16) Page 11 of 12 New York State Police PC# Administrative Investigation Report Narrative DCN2023-0020 SJS# "'\{ Date: ,· -~ :ii ;,. 10/12/2022 to conceal the fact he had engaged in an unreported pursuit and support his false ~ccount that the pursuit was short in duration. To further support his false account Trooper Strickland completed a pursuit report documenting inaccurate times and through his abbreviated account of events caused Sergeant Lovgren to unknowingly transmit an administrative message with misinformation. Trooper Strickland purposely did not identify and categorize his BWC recording that captured the start of the pursuit in the same manner as two other recordings to conceal it. Trooper Strickland then issued traffic tickets without probable cause to the individual he suspected to the be the motorcycle operator. As the investigating supervisor, Sergeant Lovgren did not undertake any investigative action to corroborate or refute Trooper Strickland's account of the incident. Sergeant Lovgren did not review any associated Body Worn Camera Recordings, obtain and review radio transmissions or take an active role to further investigate the identity of the motorcycle operator which was his responsibility given the involved Division vehicle collision. The basic investigative duties expected of a supervisor were not undertaken. There was no information developed indicating Sergeant Lovgren's report narrative was changed by Lieutenar:it Davis without his knowledge. Sergeant Lovgren expressed uncertainty regarding his recollection of authorizing report changes. By his own admission, Sergeant Lovgren did not realize he had not reviewed the BWC recordings until he accessed the recordings in preparation for his statement relative to this investigation but had completed the portion of his report affirming supervisory review of the recordings. By his actions Trooper Strickland violated the following Rules, Regulations and Instructions of the New York State Police: , Regulation BAB A Member shall not (1) Engage in misconduct As evidenced by the fact Trooper Strickland took efforts to conceal his conduct by manually stopping his Body Worn Camera recording and purposely not identifying and categorizing the video as being related to the incident, structuring radio transmissions to suggest timely notification of a pursuit and collision and misrepresenting and omitting facts when providing an account of his activities to his supervisor. Additionally, Trooper Strickland ticketed a suspect without probable cause to support the charges. Regulation BA 15 A Member shall not knowingly make a false entry in official records, or maintain any false record, or cause any false entry to be made in official records or cause any false record to be maintained. As evidence by Trooper Strickland's completion of a pursuit report that contained information, he knew to be false and his misrepresentation of events to Sergeant Lovgren causing a false record in the form of Administrative Message to be made. By his actions Sergeant Lovgren violated the following Rules, Regulations and Instructions of the New York State Police: Regulation 8A9 A Member may be determined to be incompetent and subject to disciplinary action in accord with the Rules of the Division if in the performance of official duties the Member exhibits: (5) Failure to assume responsibility or to exercise diligence in the performance of official duties. '\ INSP-8N (Rev 11/16) Page 12 of12 New York State Police Administrative Investigation Report Narrative PC# SJS# DCN2023-0020 Date: 10/12/2022 As evidenced by the fact Sergeant Lovgren did not assume responsibility for the investigation of a Division vehicle collision and in particular the continuing investigation into the identity of the motorcycle operator leaving it to the involved Member. Sergeant Lovgren did not undertake the most basic of investigative actions to corroborate or refute Trooper Strickland's account of the pursuit and did not question cause for the undercarriage damage that was unexplained. I recommend this-matter be CLOSED-FOUNDED and forwarded for appropriate administrative action. INSP-8 (Rev 8/22) Page New York State Police 1 of 4 PC# Administrative Investigation Report 11095144 SJS# D D Incident Review Injury/Illness to Person Prior to Custody ll] Division Vehicle PDAA lnjuryllllnes11 to Person Being Taken into Custody Division Vehicle PIAA Name (Last, First, Ml) Rank; or Title Lovgren, Eric, P Sergeant Reported By: In-Person Date Occurred: 10/1'2/2022 PlaceofOccurrence: County: : 10 :32 PM Ti me Occurred: 10/12/2022 On-Duty Injury/Illness/Exposure 1·· lnltlal /~ Final(:,' 1 1 I I lnju,y/lllness to Person Whlle In Custody D □ Damage/Loss of Division Property 'J Employee ID # I- lZS -·,._:;:_':f , Shield F311 5167 :,?~:·:ti'ttf ' i~: :t}::(f·:\ .··)>.:~?;,~'.:~}~~ . ,):; ::;1) :'>.,: .;;".•:iif 10/12/2022 I Time Reported: 10: 32 PM Date Reportod: State Route 9W ..... Ulster Synopsis: (Provide detall) □ □ □ Level 1 PC Date: cmv: I T/Saugerties CTV Code: F5664 2 car PDAA involving 3F11 Name (Last. First, Ml) Rank - - - - - - -- Strickland, Elias, E TZS F311 Employee ID# Trooper - Race ~----- - -- -----, 4303 White DOB Name (Last, First, Ml) Address Sex City Rank Shield TZS Empl oyee ID # Shiel d First Date out of work Zip Phone Duty Time Lost ARS # If Member: hrs Injured Body Part: Diagnosis: CII (II GI Name of Hospital/EMS: C ,_ Treated by: Date Treated: 0 ~ Treatment Refusa l Witnessed by: ~.-----------------------------=---------------- ------1 Associated Charges: Use of Force: Type of Force: 1) 2) Page New York State Police INSP-8 (Rev 8/22\ PC# i:k Administrative Investigation Report 11095144 SJS# - ... Person Interviewed #.1- ooa Name (Las!, First, Ml) State - Person ·Interviewed #2 - Address Vehicle#t . ,. " ... ... . ., . : .. .,...... ,. .•.. Zip Phone ::,;: ·< ,:-:-•'."., NIA .. ,.- " - Operator (Last, First, Ml) ·• . ,_, ;, ' Sex Phone Zip :.·: ·:.__.,. ·:1.\ , .... . . --· Sex. Race DOB Strickland, Elias, E N/~ ,. ' Raco State White M Make Model Year Color Reg. Slate Reg,# Dodge Charger 2020 Blue NY 3F11 MIieage VAN# Division Vehicles: 48555 ,... , ;Vehicle #2· •. .., . -· ·-- . " - ,,,, .. Operator (Last, First, Ml) . . -~ ., " .. -, ''.'t'.". ... , . <" '"· · 200208 ·-· " ' Race DOB Sex , LSA Make Medel Year Suzuki DSM 2007 MIieage VAN# NY Yellow ,. Division Vehicles: Prooertv#1 ·.,~·-'' •) : . •·, ._,., " ., Type .. . , ~lh • •·.· , .. Reason for Damage/Loss . Make Model Property Description . .. -~ ' ' ~ ..,. ', ' ·~ . .. . -· " " . .,. _N/A Reg. # Sorlal # Cal/Ga Damage Description Property Value $ Owner (Last, Firsl. Ml) DOB Address City " ' \ ' Race sta1e Zip ,. " . ·.; _. VAN# Year - Reg.# Reg. State Color ' Sex " City -·~. 10/12/2022 . .. , ,, · DOB Name (Last. First, Ml) ,. Race City Address -~- ' ., . Date: '" - 2 of 4 - Sex Phone ' INSP-8 (Rev 8/22)• Page New York Slate Police PC# Administrative Investigation Report SJS# 3 of 4 · .. ::,,J 11095144 Date: -1.,'. _._ ,.; '-... . .. a. .. .- ,,;g_,·· 10/12/2022 Last Name of Person(s) Submitting Meino(s): Memo(s) Depositions and/or Statements Ill D Strickland Last Name of Person(s) Signing Deposltlon(s) and/or Statement(s): Title and Last Name Medical Deposition(s) □ AMS Message Ill IJ Portal Message GENL-34D Photo Record GENL-91 Vehicle Pursuit Report MV104A- Police AccidentReport □ □ Ill Ill Ill Ill Non-SP Collision/Incident Report (TRACS) □ GENL-1 F Use of Force Data Collectlon SJS Incident Report Audio Recording Video Recording GENL-81 Medical Release □ □ □ EMS Service or Medical Faclllty 111;. #Enclosed: Transcript enclosed: Enter Source: #Enclosed: Transcript enclosed: Enter Source: Last Name(s): Records Enclosed: Describe: Other Enclosures Ill Damage estimate 3F11 Yes D No □ ' 4 of 4 Page New York State Poltce INSP-8 /Rev 8/22) ., PC# ~ ., , ' :'''i ~.ri.. Administrative Investigation Report 11095144 SJS# ,·, • 10/12/2022 Date: Re ortof: Name Rank TZS Eric P. Lovgren Sergeant F311 Signature Date . Lovgren Sgt Enc BWC Recording available? Digitally signed by Sgt Eric Lovgren ' oate: 2023.01.16 21:26:46 -05'00' Yes 0 No □ G/ 023 01/1 2 ewe Recording Viewed by Supervisor? Yes [ll No D If not, why? Rev.iewed b TZS Rank Name t( 'De""~ F3oo J) Avfs Date Signature • .. r ·,. f st Endorsement .·. ' . J To: Troop Comman der From: I concur with the find i ngs of this investigation: Signal Date:Q// Yes n~_) To: Division Headquarters From : I concur with the find ings of this Investigation: Si gnature: Date: Yes D No D If Division Vehicle Collisic:>r'l'a check a D Prevontable ~iate·status i If Personnel Com laint check a Founded ' D Unfounded D Unsubstantiated . If Founded, complete lhEl' Jollowiitg:_ Date: Rule 3 Waiver Form attached Disposition imposed under Rule 3: No Ac11on Warranted D Letter of Censure □ Non-Preventable D □ □ Copy of Memorandum of Dlsposltlon to Member Attached Intra - Troop Transfer D Probation # of days: □ D . Closed by Investigation Loss of A.L. Days # of days: □ □ · INSP-8N (Rev 11/16) New York State Police Page 1 of 1 . Administrative Investigation Report Narrative PC# - ... 11095144 SJS# Date: 10/12/2022 On October 12, 2022, Trooper Elias E. Strickland (SP Kingston) was on patrol on State Route 9W in the Town of Saugerties, when he attempted to stop a Suzuki motorcycle bearing NY R e g _ The operator failed to comply and accelerated down Market St. wh ich initiated a pursuit. As the motorcycle approached North St., it braked suddenly while attempting to make a left turn onto North St. Trooper Strickland was unable to take evasive action and struck the rear of the motorcycle. The motorcycle was pushed forward and came to rest against tree oh North St. with the operator immediately fleeing the scene into the woods. A canvass of the area along with a K9 search of the woods yielded negative results. No injuries were reported by Trooper Strickland. I, Sergeant Eric P. Lovgren was advised and responded to the scene to investigate. a Upon my arrival I interviewed Trooper Strickland, who stated he was traveling northbound on State Route 9W when he observed a traffic violation on a Suzuki motorcycle. After attempting to stop the vehicle, it accelerated down Market St. which initiated a pursuit. As they approached North St., the suspect vehicle suddenly braked to make a left tum which caused 3F11 to strike the motorcycle in the rear. The motorcycle continued across North St. before it came to rest against a tree. The operator immediately fled on foot into the woods with Trooper Strickland unable to locate him. Trooper Strickland's BWC recording, Axon Body 3 Video 2022-10-12 2233 X6039BMJY, Axon Body 3 Video 2022-10-12 2231 X6039BMJY, Axon Body 3 Video 2022-10-12 ·2224 X6039BMJY, were reviewed and found to be consistent with his account. Damage to the front of 3F11 was observed and photographed. The scene was consistent with a 1:1.vo-car rear end property damage accident. The total damage-estimate for 3F11 provided by Troy's Auto Body was $11,220.40. The subsequent police investigation conducted by Trooper Strickland resulted in him being unable to identify the owner of the motorcycle and who operated it during the .pursuit. f-1 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: Date: F Sta11on: Kingston 10/13/2022 To: Major Paul M. DeQuarto, Troop Commander, Troop F From: Trooper Elias Strickland Subject: DIVISION VEHICLE PDAA - VEHICLE PURSUIT ;. Digital!)! tlgnod by Tn>opc,r Ellas Strlckland ·.:. • oate: 2D23.01.18 13:45:17 .os·oo• On October 12th, 2022, I was my working assigned 2 shift in marked patrol vehicle 3F11, out of SP Kingston. I ~ ~ l l i n g the Village of Saugerties when I observed a Suzuki motorcycle bearing N Y , _ operating at a high rate of speed on State Route 9W. I . attempted to conduct a traffic stop, but the motorcycle vehicle failed to comply accelerating down Market Street. A pursuit was initiated through SP Highland, The motorcycle slowed ·suddenly in an attempt to evade me by making a left turn onto North Street. The motorcycle was struck by 3F11 and came to rest on the north shoulder of North Street. The operator fled north into a densely wooded area. Ulster Town Police K9 Sergeant JOSEPH GARVILA responded and initiated a K9 track with negative results. Captain MARIO RESTIVO, Sergeant ERIC LOVGREN, Sergeant NIGEL BARNETT and Sergeant ANDREW BUKOVINSKY responded to the scene. I was uninjured as a result of the collision. 3F11 and the motorcycle were towed by BILLS TOWING. E. -2Administrative Message Report Print\Run Date 1011312022 l .,A~!ji~#""' 1~MsP1~,p~o1P~:~_.,......:-,:,>__.- ·~ .~... ( ,...... :.:_. _ .._,.,,...,,._ _ . _,,... -..:._ _.,..·--· .__.., ·~.... . #·· _11....•-~ .... :-~_1;;_1_44_·_.;. _ ;;i....,1s... ·•··- · __. · ~-· !k.... ··.. ... ; _ __. ·· =.,;,,,·.., . - - ·-·:.,,·~-... _ . _____ J.,..· .•s._ . Date\Time Reported\Discovered TZS Agency ORI 10/12/2022 22:32 NYSP KINGSTON F311 Message DIVISION VEHICLE - PDAA, PURSUIT Investigated By Units Responded CAPT. MARIO RESTIVO, SGT ERIC LOVGREN, SGT NIGEL BARNETT, SGT ANDREW BUKOVINSKY, UF DETAIL, T/ULSTER PD CANINE, UF Photos YES Videotape YES Trooper Elias Strickland attempted to conduct a traffic stop Of1 a motorcycle bearing NY Reg on Market St in the Town of Saugerties. The motorcycle failed to comply initiating a pursuit. As 1he motorcycle attempted to make a left tum onto North St, it braked hard suddenly causing it to strike the front of 3F 11. The motorcycle continued forward coming to rest against a tree with the operator then fleeing on foot A search of the area utilizing a canine yielded negative results. The pursuit fasted approximately 1 minute, covering approximately 1 mile, with a top speed of 60 mph. The pursuit was monitored by Sgt Eric Lovgren. #Vehicles # Injured 0 2 # Deceased CJ Apparent Cause PENDING INVESTIGATION ClTNName SAUGERTIES, TOWN OF • 5664 County ULSTER Location\ Street Name\ Mile Post Marker NORTH ST Weather Conditions Road Conditions 1-DRY 1-CLEAR Descrip1ioll of Damage V1 - FRONT BUMPER AND UNDERCARRIAGE V2 - MINOR SCRAPES Criminal Action UNLAWFUL FLEEING 3RD, V&T Sent By Sent Date \ Sent Time 10/13/2022 02:01 Notification lii)uttt.~U~~~f :1 CAPTAIN MARIO RESTIVO . , LOVGREN ERIC ZONE rnffiirifo.f ~it::~J~;-,· .:•i !:~' , ·=·~<. ~~!,~ DOB Driver Name Gender Ely•:"· , License State M STRICKLAND, ELIAS E . Chemical Test NO Driver Charged NO Address City state Zip 1220 WASHINGTON AVE ALBANY NY 12226 Violatlons Driver Member? Member Rank Date of Entry Member Shield YES TROOPER 09/09/2019 4303 [owner Information '1 Name (exactly as printed on registration) NYSP, Page 1 of2 Member Shift 2 Address 1220 WASHINGTON AVE City State Zip ALBANY NY 12226 Insurance Company and Code 994 • GOVERNMENT OVVNED licii!M~~ ~ W " ~ i i B I I P ~ ~ - 1 1 ~ ~ ucense Plate# POLICE State NY Vehicle Year 2020 Van# 200208 Make DODG VIN# 2C3CDXKT7LH150712 Mileage 48555 School Bus Comm. Veh. NO NO NYSPVeh. YES Equipment Damage NO Front Airbags Deployed NO Side Airbags D~ployed Fire Suppressi on Deployed NO NO Equipment Damage Descr!Etion i[~~lo"To'rlillilfd~mll:t~lm.lil~~~~~~-111RIIEDJfi ~ ~ ! -· Driver Name LSA, DOB Address Gender City License State - Chemical Test Driver Charged NO NO Zip State Violations Driver Member? NO Member Rank Date of Entry Member Shleld Member Shift ~ ,t,a1-,-~ll?Ilfflj~r.w.i...,~;i:i;a,:~: ~1m~!Jl!I ~ .gj_ Name (exactly as printed on registration) UNKNOWN SWITCHED PLATE, Address City Zip State ~~~~-----~~-Insurance Company and Code 000- UNKNOWN " License Plate# State •Vehicle Year Make - NY 2007 SUZI Mileage Van# School Bus Comm•.Veh. NO NYSP Veh. NO NO Equipment NO Damage VIN# Front Airbags Deployed Side Airbags Deployed NO Fire Suppression Deployed NO Equipment Damage O9$cription Page 2 of2 NO t. Agency 3. ORI 2. Div/Precinct F311 F3 TROOP F - ZONE 3 7,8,9. Date Reported (Day, Date, Time) WEDNESDAY JO/1212022 22:32 5. Case No. 6. Incident No. NY1550200 J0,I I,12. Occurred On/From (Day, Date, Time) 11095144 3,14,IS. Occurred To (Day, Date, Time) WEDNESDAY 10/12/2022 01 :01 17. Business Name 16. Incident 'l)rpe . VEHICLE-RECKLESS DRIVING 19. Incident Address ( reet Name, Bldg. No., Apt. o. NORTH STREET 20. City/Stale/Zip SAUGERTIES NEW YORK 12477 23. No. of Victims 21. Loca.lion Code (TSLED} 0 SAUGERTIES VILLAGE 5624 24. No. of Smn>tcts 0 26. Victim also Complainant? Location Type STREET ASSOCIATED PERSONS PERSON INTERVIEWED PERSON INTERVIEWED PERSON INTERVIEWED SUSPECT SUSPECT 36. Alias/Nickname/Maiden Name Last Name First Name MiddleNamc VEHICLE Page I of3 •2/7/2023 11:09: 10 S9. Vehiclf' Status USED IN CRIME ;- 60. License Plate No. . 161. State 162. Exp. Yr, 165. Year 66. Make 67. Model SUZUKI UNKNOWN 2007 63, Plnte Type MOTORCYCLE NY 2021 71a, Towed By V11lue 170. Color(s) 169. VIN JS I SK44A672 I02523 68. Stvlc MOTORCYCLE r· YELLOW 71b. Towell To SP KINGSTON IMPOUND BILLS n. Vehicle Notes SUZUKIDRZ NARRATIVE Date of Action 10/1312022 Date Written 10/1312022 Officer Name & Rank STRICKLAND. ELIAS (TPR) Narrative WOP - Attempted traffic stop of yellow Suzuki DRZ motorcycle. Vehicle fai led to comply. Pursuit initiated through SP Highland. While attempting to terminate pursuit - vehicle slowed suddenly in an attempt to evade down North Street and contact between 3rl 1 and the motorcycle occurred. Motorcycle came to rest on the north shoulder of North Street. Operator fled north into densely wooded area. Ulster Town Police K9 SGT r.esponded and initated K9 track with negative results. Switched vehicle plate of N Y - comes back to a 1989 Suzuki 1000cc motorcycle registered to . Troop K contacted and sending a car to i n t e r v i e . . - at his last known address. comes back to a 2007 Suzuki DRZ. L_ast owner out of Called Kingston hospital and nobody checked themselves in matching the description or anyone claiming to have been in a car accident. · ' Motorcycle entered as an impound into eJustice. Date or Action Date Written Officer Name & Rank 10/1312022 I0/13/2022 STRICKLAND, ELIAS (TPR) Narrative Per request - Troop K SP Rhinebeck interviewed Pleasant Valley. SP Rhinebeck advised SP Poug who lived a Date of Action Date Written Officer Name & Rank 10/17/2022 10/17/2022 STRICKLAND. ELIAS {TPR) who stated he sold the bike to in ed who stated that he sold the motorcycle to Narrative I interviewed who stated the motorcycle did not belong to him, but it belon was n mg t e 1 e that night because he moved out and now lives on e would speak w i t h - and see about coming in to make a statement and have the motorcycle released. Social media search resulted in multiple people insinuating that Date of Action Date Written Officer Name & Rank. I 0/2J/2022 10/23/2022 was riding the bike during the pursuit. _ STRICKLAND, ELIAS (TPR) Narrative Continued a social media search and interviewed two individuals who stated they spoke to claimed to be the operator of the motorcycle that fled. One refused to be identified, however, the second, provided a statement at SP Kingston on BWC alleging that was the operator. Left voicemail with Date of Action advising to pick up his motorcycle. 11/1412022 Narrative I interviewed 111111111111111 and parent's ) at Bo~stated they knew nothing of any motorcycle accident and that both son's were both at work in good health 1 not have any apparent injuries. _2/7/2023 11 :09:10 I. interviewed-- ■ a second time, and this time he was insistent that he had no clue about the ownership of a Suzuki DRZ. He insisted that neither he nor hi,s brother ever owned own. Officer Name & Rank STRICKLAND, ELIAS (TPR) Date of Action 01/05/2023 Narrative Follow up with t h e - brothers yielded no new infonnation other than continued denial of any fonn of ownership. During the entirety of this case being open the motorcycle was not reported stolen or lost at any point. No other parties came forward to claim the motorcycle. Date of Action Date Written Officer Name & Rank 01/19/2023 0 I /19/2023 o-. s~- STRICKLAND, ELIAS (TPR) Narrative Spoke with PO LANE from UC Probation Office. I was able to obtain an updated address contact with negative results. I called PO LANE and she advised me probation office on 1/23/2022 at 5:30pm for an interview. Date of Action Date Written Officer Name & Rank 01/2312023 01(23/2023 STRICKLAND, ELIAS (TPR) I attempted tO come into the Narrative Patrolled to Ulster County Probation Office and interviewed . returnable to the V/Saugerties Court on 2/13/2023 . frobation Officer Kristine Lane advised. was released on UTT's Vehicle in impound to be released to Bill's Towing and removed from e-justice impound. ADMINISTRATIVE 74. Inquiries 175. NYSPIN Message No. 77. Reporting Officer Signature (Include Rank) 76. Complainant Signature 78, IDNo, 4303 TPR ELIAS STRICKLAND 81. Status CLOSED BY INVESTIGATION Page 3 of3 182. Status Date 80, JD No. 79. Supervisor Signature (lm:ludc Runk) SGT ERIC LOVGREN 5167 83. NotiliedffOT 10/13/2022 j Solvability Total 0 2/7/2023 11 :09:10 INSTRUCTIONS: Completo aaepatatefonn for each !nvosUgtf.icn DIGITAL PHOTO RECORD PMI or typo Ill enlriet CASE NUMBER STATION FIU LEAD NUMBER 11095144 SP Kingston INCIDENT DATE 10(1212022 INVESTIGATING MEfJBER 10112/2022 PHOTOGRAPHER'S NAME Troop Car PDAA Elias E. Strickland ADDRESS OR LOCATION Ulster North St, Town of Saugerties GENERAL DESCRIPTION OF SCENE f ITEM(S) 11:05 PM I COMPLETED 9:07 AM ACTION REQUESTED 0 3f11, Scene, and V2 !phone I COMP!.AINANT- DEFENDANT-OPERATOR - DECEASED COUNTY I0JPEG TIME BEGAN Sergeant Eric Lovgren Sergeant Eric Lovgren TYPE CASE CAMERA I PHOTO DATE IMAGE TYPE OR FILE FORMAT OnF □ Raw I Burn to CD/DVD DATfa SUBMITTED TO FIU PAGE# 1 IMAGE~ CAMERA PHOTO ID# DESCRIPTION: 1 DSC-0032 3F11 Front bumper 2 DSC_0033 3F11 Front OS bumper 3 DSC_0034 3F11 Front PS bumper 4 DSC_0035 3F11 Driver side 5 DSC_0036 3F11 Passenger side 6 DSC_0037 3F11 Rear bumper 7 DSC_0038 3F1 1 Undercarriage s OSC_0039 Scene view of accident area 9 DSC_0040 Scene view of tree contact 10 DSC_0041 Scene motorcycle 11 DSC_0042 Scene nib market st ext Scene s/b market st ext 12 DSC_0043 13 DSC_0044 - motorcycle rear 14 osc_oo45 - motorcycle PS OF MANNER SUBMITTED: (Che~ 01ie) 0 1 ' IMAGEII CAMERA PHOTO ID# D Retain D Print CD/DVD O E-Mail O Other DESCRIPTION: INSP-SPS (Rev 11/U6) New York State Police Photo 1 of 14 Photo Sheet Case# 11095144 New Ybrk State Poi,ce INSP-8PS (Rev 11)161 Photo 2 of 14 Photo Sheet Case# 11095144 New York Stll!e Police INSP 8PS (Rev 11116) 0 Photo 3 of 14 Photo Sheet Case# 11095144 New York_State Police INSP-8PS iRev 11/16l Photo 4 of 14 Photo Sheet Case# 11095144 New York State Police INSP-SPS (Rev 11/161 Photo 5 of 14 Photo Sheet Case# 11095144 New Yori< State, Police INSP-SPS !'Rev 11/16) Photo 6 of 14 Photo Sheet Case# 110951 44 New York Staie Police INSP-8PS /Rev 11/16) Photo 7 of 14 Photo Sheet Case# 11095144 New York state Police 1NSP-8PS (Rev 11/16i Photo 8 of 14 Photo Sheet Case# 11095144 New York Stale Police IN$P-8PS. /R~v 11/16) Photo 1 o of 14 Photo Sheet Case# 11095144 INSP-SPS (Rev 11/1 ij) New Yofk Slate Police Photo 9 Of 14 Photo Sheet Case# 11095144 New York State Police INSP-BPS {Rev 11/16) Photo 11 of 14 Photo Sheet Case# 11095144 INSP-SPS lRev 11/16) New York Staie Police Photo 12 o1 'f4 Photo Sheet Casa# 11 095144 New York State Police IN'SP-8PS {Rev 11/16) Photo 13 of 14 Photo Sheet Case# 11095144 ONSP.SPS (Rev 11 /1 6) New York State Police Photo 14 of 14 Photo Sheet . Case# 110951 44 New York State Police GENL-91 (Rev 08/21) I Pursuit Report Name (Last, First, Ml) AMS# AMSP160G01 PZF SJS# 11095144 Trooper Kingston Date of Incident: EOD Rank Strickland, Elias, E Statkm: 10/12/2022 Shield T2S 4303- 09/09/2019 F311 rP'.ursuiic1;~ett'icJd:0'6enHor;1nronn'at1orfl1,·:i<ffovmt~}~\~;~t~tc~~~1~¥1~,;.+}~;~:'!~~'ij)J~r~1ttf;?,·:.i::i(,J~:~':~f?:;:: ::,? Name (Last. First, Ml) Age (Estimate If not ldentrned) -25 Unknown Unknown ':iPursuiflnfoi'matiori:•·. M Operator's License Suspended or Revoked? Impairment: Time Started: I 10:32 pm Time Ended: -10:32 pm VTL Weathor Condition Clear Light Condition Darkness Road Condition Dry Type of Anra Rural County Commenced: Ulster County Ended: Emergency Lights Used: Yes Emergency Sirens Used: Tire Deflater Used: No ~ . deployed by NYSP? D Yes [Zl No ulster □ Yes □ OYes ·vehicle Contact Macie: Unknown Ir Yes: Pursuit Led By Other Agency? Reason for ·Pursuit Moving/Stationary Roadblock: Sex Yes No, other ONo No IF YES. conducted by NYSP? □ Yes □ No, other Yes IF YES, conducted by NYSP? [Z] Yes □ No, other No NYSP Arrest Made: End of Pursuit: UTT Issued: No Arrest Type: Crash During Non-NYSP Led Pursuit: Crash During NYSP Led Pursuit: Number Killed Number Injured Division Vehicle 0 0 Division Vehicle Pursued Vehicle 0 0 Pursued'Vehlcle Third Party 0 0 Third Party Member Signature: Dlgltally &lgned by TrooporEllas Strickland Trooper Ell·as Str1"ckland ,'Date: 2022.10.13 02:14:32 --04'00' PursuitSupervlsorSlgnature: Sgt. Eric Lovgren L Dig Itally signed by Sgt. Eric Lovgren ,/~Date: 2022.11.0115:52:45 -04'00' Reporting Member: Ensure form is filled out in its entirety. ncident Supervisor: Review the form in its entirety and forward to Troop Traffic. ,·roop Traffic: Forward completed form via email to: of Page 1 New York State Department of Motor Vehicles Pages 3 POLICE ACCIDENT REPORT Local Codes 11095144 □ SPP1 60 G21FT1. MV-104A (6/04) A/VlENDED REPORT No. of Vehicles No. Injured [v State o! Lie. VEHICLE Accident Reconstructed 2 BICYCLIST D Left Scene D 0 □ PEDESTRIAN \I Yes □OTHER PEDESmlAN S1ate of Lie . UN Driver Name • exactly ame - exactty STRICKLAND, ELIAS E asprintedonlicense as printed on license Apt. No. Address (Include Number and Street) 1220 WASHINGTON Apt No. NY □ Sax BLDG Month □ registration 011 Year Day □ Zip Code Released Cl!y or Town NY Vehicle Type 2020, DODG □ Zip Code State 12226 NY ear u Released Ad<lress (lodude Num~er ar.d srreet) ~de S tale Of Reg . VeMle Year & Ma l«! □ Sex. UNKNOWN, ~~ Apt No. 22 SIBie NY No. of Oceupanls □ Damaged l-'Da=taccio~l;=Bc; irtll~--.--==--I Nam8 •·exacHy as printed t Zlp Code NY PubRc Property 01 A~dre;;s (Include Nurnt>er and Sireet) State 1 2226 No, of Oc.cupants Unlicensed M City or Town Zip Code State WASH AVE LSA , Address (Include Number and Street) AVE City or Town ALBANY' 1220 0 VEHICLE 2- Driver LiCCflse ID Number NY river ~~t !n~e~t~~t:d_a~ ~n~ • No. Killed 0 2 Ins. Code POLI Stale orRe9. NY 994 Vehk:le Year&. Make VelllCle Type 200? SUZI MCY 24 8 Ins. Coda ODO llckel/Arresl Number(s) Violation Section(s) s: 1nv e "de; ve ve 1c e 1s: Circle the diagram below that describes the accident, or draw yoor own diagram In space #9. Number the vehicles. O more than 95 inches wide; V E H I more than 34 feet long ; Righi Angle O operatecl with an overweight permit; ~=::~~:8E1]::r::!:Z:]r~~~~~Q:[i:::~c ~=::~~B~~]::[:~z~~~~~~~~~r:::::::::: eigtit perm It; ox • oont o mpa E Sox 2 - Most Damage 2 14 2 L Box 1 - Point of Impact E Box 2. Most Carnage 8 1 B 2 1 1 < ~ T !.di Tum Rl~Tlffl Ii. JI HeadOft 7. .............. Sides'Mi,e ( ~ dln:r;liQnl ~.,,._ --.. 1-...1....._.,.;.._..,,1,11.,_...,;_.;....._ _ _...,_ _...,.wa,,_....._____L_ Enter llP to three ,--3c-+---4+---e-15 Enter lip to three ,--.,.;31--4+--5=-' ACCIDENT OIAGl¾M more damage codes 2 3. 1 2 more damage codes Vehicle By; BILLS AUTO Towed To: BILLS AUTO VEI-IICLia OAAlAOE COOING: Veh[cle ~-----,----a--------1 1-13 $EE DIAGRAM ON RIGHT. 14. UNDERCARRIAGE 16. TRAILER 16.-0VERTURNED 17. DEMOLISHED .18. NO DMIIAGE 19. OTHER :(-(]:] !. ,2 Reference Marker Coordinates (ii available) ,, D Llnkncwri/Llnable to determine D City D Village County --------5863 1 2 Cost of repairs to any one \lehlcle will be more lhan $1000. O No ~ Yes Place Where Accident Occurred: Road on which accident occurred - ~ ~ - - - - - lonoitude/Easting 9. 10 Latit11~e/Norttllng ---------14660132 S e e the last page of the MV-104A tor the accident diagram. By: BILLS AUTO Towed To: BILLS AUTO ULSTER ~ Town of SAUGERTIES NORTH STREET (Route Number or Straet Name) at 1) Intersecting street - CANOB HILL RD s or 2) feel w miles (Route N\Jmber or Strvet Name) of --- _,.,..--,-.,......--,,--.,,....-,-,,-,-----,--=---~---(M ilepo$I. N<l8restlnter.iectln9 Roule Number or Street Name) Accident Description/Officer's notes The c rash occurred in a police vehicle owned/operated by the New Yor k State Police wh ile r esponding to an emergency . Vl, a marked New York st·a te Poli ce vehicle, attemp t s to conduct a traffic s t op OQ V2 wi th emergency ligh ts and siren on Market St. V2 £ailed to c 9mply and a pursuit was initiated northbound on Market St which l ater turns into Canoe Hi ll Rd. V2 aggressively brakes as i t begins to tu r n onto North St. V_l also at tempts to ma ke A L L I N V 0 L V E D Print Name in Full ERIC P LOVGREN 5167 155 0 2 F3 11 BELGIOVENE, MIC HAE L 1 / 12/ 202 3 12:30 of 3 Page 2 New York State Department of Motor Vehicles Pages POLICE ACCIDENT REPORT Local Codes 11095144 SPP160G21FT1 □ MV-104A (6/04) AMENDED REPORT No. of Vehicles No. Injured No. Killed 0 2 0 ~~t ~n~e~ll_g~t':d_a~ s_c':n~ _ Accident Reconstructed O Left Scene D ~ Police Photos ~ Yes D No Circle the diagram below that describes the accident, or draw your own diagram In space #9. Number the vehicles. LaftJ.Tun'I Rear B1CI R1S,Ongla ,:--- ~ s. '~ 1-13 SEE DIAGRAM ON RIGHT. 14. UNDERCARRIAGE 11. TRAILER 16. OVERTURNED 8. 17. DEMOLISHED 18. NO DAMAGE 18. OTHER Cost of repairs to any one vehicle wm be more than $1 ooo. 11 Reference Marker Coordinates (If available) Latitude/Northing D •• 0 Unknown/Unable-to determln~ Yes O No Place Where Accident Occurred: County 0 ULSTER City O Village O Town of Road on which accident occurred (Roule Number or Street Name) 1----'--------1 at 1) Intersecting street Longitude/Easting (Route Number or Street Name} of...._.-----------,---=-...,..,......,..-.....,..._-,-__,._ __ or2) miles (Milepas~ Nearest lnter.;edlng Route Number or Street Name) Accident DescriptionJOfficei's notes the left turn and strikes V2. V2 then continues forward coming to rest against a tree. The operator of V2 flees into the woods and is unable to be located. V2 has switched plates, is unregistered, and isn't insured. V2 only ~ustains minor scrapes. A L L 8 9 10 11 12 ' 13 14 15 16 17BY I N V 0 L V :.,. ;.,~~r{;j~i~/ E D ERIC p LOVGREN 5167 15502 F3 11 1/12/2023 12:30 Page 3 of 3 New York State Department of Motor Vehicles· Pages POLICE ACCIDENT REPORT Local Codes 11095144 . SPP160G21FT1 0 AMENDED REPORT f'.'A=ccl;;:::de::.:;nt,=.Da=te;...-~~~--.......----1Day of Week Month 10 Day 12 ea~ 2022 WEDNESDAY Military Time 22:3~ MV-104A (6/04) No, of Vehicles 2 No. Injured No, Killed 0 0 Not Investigated at Scene D Left Scene Accldeni Re-construit;d - - -□ ~ Police Photos ~Yes O No G) New York State Department of Motor Vehicles REPORT OF MOTOR VEHICLE ACCIDENT POLICE LINE OF DUTY ACCIDENT □ Page 1 of AMENDED REPORT Pages Precinct F311 Local Accident Number IMPORTANT: If you are the officer in charge, complete and sign this form, and attach it to the MV-104A or MV-104AN. 1109.5144 S l>Pl 60G2 l'FT1 Accident Time Accident Date 10 Month / 12 Day / 2022 ~ililary 'tear nme County 22:32 ULSTER NAMES OF DRIVERS: (Please Print or Type) * VEH 1 ~ STRICKLAND ELIAS E NY POLICE NY VEH 2 0 NY LSA UN VEH 3 · VEH4 VEH 5 VEH 6 Pursuant to Section 605 of the New York State Vehicle and Traffic Law, the attached Police Accident Report is also the motorist report for vehicle number(s) 1 * Pursuant to Section 605(a)(4) of the Vehicle and Traffic Law, check only the box for each police officer operating a police vehicle (as defined by V & T Section 132-a) during emergency operation (as defined by V& T Section 114-b) when the accident occurred. · Date 01/12/2023 MV-104L (4/07) NCIC# 1 2 : 30 15502 www.nysdmv.com f:. .. 7 Workfile ID: PartsShare: e86c7b5e 72n8Lp Federal ID: license Number: 208779896 7080545 TROY'S AUTO BODY INC 3430 ROUTE 9W, HIGHLAND, NY 12528 Phone: (845) 691-8648 Preliminary Estimate Job Number: Customer: NYS TROOPERS Written By: Vanessa Stofa, IA-1714938 NYS TROOPERS Insured: Type of Loss: Policy#: ., Claim#: Days to Repair: Date of Loss: 0 Point of Impact: Owner: Inspection Location: NYS TROOPERS TROY'S AUTO BODY INC Insurance Company: 3430 ROlITE 9W HIGHLAND, NY 12528 Repair Facility (845) 691·8648 Business VEHICLE 2020 DODG Charger Police AWD (Fleet) 4D SED B-5.7L Gasoline Sequential MPI VIN: 2C3CDXKT7LH150712 Interior Color: License: 3Fll Exterior Color: Mileage Out: State: NY Production Date: Condition: • Mileage In: 48,555 Vehicle Out: Job#: TRANSMISSION CONVENIENCE AM Radio Oath Seats Automatic Transmission Alr Conditioning FM Radio Bucket Seats 4 Wheel Drive Intermittent Wipers POWER lilt Wheel Stereo Search/Seek WHEELS Styled Steel Wheels Redining/Lounge Seats Power Steering Cruise Control Auxiliary Audio Connection Power Brakes Rear Defogger SAFETY PAINT Power Windows Keyless Entry Drivers Side Air Bag Clear Coat Paint Power Locks Message Center Passenger Air Bag OTHER Power Mirrors Steering Wheel Touch Controls Anti-Lock Brakes (4) Traction Control Power Driver Seat Telescopic Wheel 4 Wheel Disc Brakes Stability Control DECOR Climate Control Front Side Impact Air Bags california Emissions Dual Mirrors Backup camera Head/Curtain Air Bags Power Trunk/U~gate linted Glass Parking Sensors Hands Free Device Overhead Console RADIO SEATS 10/21/2022 5:16:41 PM 047387 Page 1 Preliminary Esti~ate lob Number: Customer: NYS TROOPERS 2020 DODG Charger Police AWD (Fleet) 40 SED B-5,7L Gasoline Sequential MPI Line 1 # 2 # 3 # ---··4 """ Part Number Description Oper TO BE REMOVED FOR OIL PAN*** Rep! Setina push bar ----•-• .,,. --~• ,- - ~----'+ Extended Price$ Labor 1 1,200.00 1.5 1 819.00 Incl. 1 ~-~-~ FRONT BUMPER & GRILLE 3,4 0/H front bumper 5 Bumper cover Repl 6 7 Add for Clear Coat 8 Add for fog lamps 68267765AC 1.4 9 Repl Upper grille black crossbars 5PP~3DX8AB 1 405,00 Incl. Repl Nameplate "DODGE" black 68227437AA 1 80.70 0,1 11 12 Repl Lower grille w/o adaptive cruise 68214782AB Ind, Energy absorber 68214783M 1 1 122,00 Repl 112,00 Ind. 315.00 0.5 23.35 0.1 RADIATOR SUPPORT 14 Repl Crossmember 15 Repl LT Air guide 2-plece guide, lower 5, 7, 6.4 liter 68202657AB 1 1 16 Repl RT Air guide 2-piece guide, lower 5.7, 6.4 liter 68202656AB 1 23.35 0,1 17 Repl RT Air guide 1-piece guide all 68212036AB 1 27.00 0.1 18 Repl LT Air guide 1-piece guide all 68212037AB 1 27.00 0,1 19 Repl Front shield w/police 68231862M 1 274.00 0.4 20 Repl Splash shield AWD w/police 480607SAB 1 114.00 0.2 Repl Radiator 68050126AB 1 600.00 21 * Repl P/S cooler Repl 26 2,3 M -0.S M NOT LISTED 1 .l.S9Jl.O. Condenser assy 68085784M 1 577.00 AC Service evacuate & recharge AC Service refrigerant recovery Jl..5 M m m m Deduct for Overlap .,. ,.. ·--·-···-··-··-···--.....,~ ,..,...., ' ·•·~-- ~---·~---· ~- ...... ,.•.,.........,. 29 1.5 M 1.4 M 0,4 M -1.0 M ··-··-·•·· -""~-·•ff••~·~....... -•"•""'"•-••"n'"".'"•""""•'"•"-•"-•-•""''''"""""'I ENGINE 31 * 32 FRONT SUSPENSION Repl Oil panAWD 4792973AD 33 Repl Engine cradle 34 Rep! LT Axle assy new 35 Rep! Stabilizer bar w/pollce 36 MISCELLANEOUS OPERATIONS 37 # 38 m AIR CONDmONER & HEATER 27 28 30 ---·---....·--~~--..... - Deduct for overlap 23 25 5065240AH COOLING 22 open 3.4 0,3 10 13 Paint 1 ***NEED TO FIND OUT IF TRANSMISSION AND ENGINE NEED n ~ .. - Qty * 10/21/2022 5:16:41 PM Repl m lS.Q M m m 335.00 m 6,9 M 1 493.00 68204541AB 1 1,390,00 4S78601AA 1 524.00 68206426AA 1 Flex add. 1 12.00 Cover car/bag 1 .1.0..00 047387 1,6 M Incl. M Page2 Preliminary Estimate Job Number: Customer: NYS TROOPERS 2020 DODG Charger Police AWD (Fleet) 4D SED 8-5. 7L Gasoline Sequential MPI 39 40 # # Hazardous waste 1 Set back wiring/electrical 1 SUBTOTALS 3.00 0.3 7,67SA0 35.S 4.8 ESTIMATE TOTALS Basis category Rate Parts Cost$ 7,675.40 Body Labor 7.4 hrs @ Paint Labor 4.8 hrs @ 28.1 hrs @ Palnt Supplies 4.8 hrs @ Body Supplies 31.2 hrs @ Mechanical Labor Subtotal $ 65,00 /hr $ 65.00 /hr $ 80.00 /hr $ 40.00 /hr $ 10.00/hr 481.00 312,00 2,248.00 192.00 312.00 11,220.40 11,220.40 Grand Total ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR COMMERCIAL INSURANCE OR A STATEMENT OF CLAIM FOR ANY COMMERCAL OR PERSONAL INSURANCE BENEFITS CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, AND ANY PERSON WHO, IN CONNECTION WITH SUCH APPLICATION OR CLAIM, KNOWINGLY MAKES OR KNOWINGLY ASSISTS, ABETS, SOLICITS OR CONSPIRES WITH ANOTHER TO MAKE A FALSE REPORT OF THE THEFT, DESTRUCTION, DAMAGE OR CONVERSION OF ANY MOTOR VEHICLE TO A LAW ENFORCEMENT AGENCY, THE DEPARTMENT OF MOTOR VEHICLES OR AN INSURANCE COMPANY, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE VALUE OF THE SUBJECT MOTOR VEHICLE OR STATED CLAIM FOR EACH VIOLATION. You are entitled to the return of all replaced parts, except warranty and exchange parts, but you must ask for them in writing before any work is done. If you authorize work by phone, the shop must keep any replaced parts, and make them available when you pick up the vehicle. · 10/21/2022 5:16:41 PM 047387 Page 3 Preliminary Estimate Job Number: Customer: NYS TROOPERS 2020 DODG Charger Police AWD (Fleet) 4D SED 8-S.7L Gasoline Sequentfal MPI Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless · otherwise noted, (a) all items are derived from the Guide DR3PB11, CCC Data Date 10/17/2022, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (,..,) items Indicate MOTOR Not-Included Labor operations. The symbol ( <>) Indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/Mor NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign(#) items indicate manual entries. Some 2023 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m;;;;:MOTOR Mechanical component. s;;;;:MOTOR Structural component. T::a:Miscellaneous Taxed charge category. X=Miscellaneous Non-Taxed charge category. SYMBOLS FOLLOWING LABOR: D:aa:Diagnostic labor category, E::a:Electrical labor category. F::a:Frame labor category. G::a:Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories. Oll-lER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent. Algn.=Align. ALU:aa:Aluminum. AfM:::Aftermarket part. Blnd=Blend. BOR=Boron steel. CAPA:::Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent: NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn:a::Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT;;;;:Right. SAS=Sandwiched Steel. Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Intelligent Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Autpmotive Repair. EPA=Envimnmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 10/21/2022 5:16:41 PM 047387 Page4 New York State Police Albany. NY, AAXON us DcJcumenl gf'/ieroted: 09 Feb 2023 • 15:40:30 -05:00 by CAPTAIN Nielson, Mark(4868) EVIDENCE AUDIT TRAlL Confidential actMty is not Included in this audit report Source Evidence Evidence JD Categories '1. General Device t ype Axon Body 3 Device Name 4303 *Admln 6 Title Obcument Checksum Axon Body 3 Video 2022.10-12 2224 X6039BMJY Serial Number X60398MJY Shill• 9fed 1fc8771 b221 f3dc86ee2O84ed6584166tdefdd5bS32139e74 i;4S9b0~dc Record Surt 12 Oct 2022 22:24;11 Uploaded 13 Oct 2022 07:12:16 Uploader TPR STRICKLAND, 1:1.lAS (8;:idge JD: 4303) Unique lD B016065EC81 D4S93BEAA 1624Bl7388DA Usage Page views 7 FIie downl oads Video 6 playbacks Last Viewed 09 Feb 2023 15:40:29 Or Oownloaded On Confidential activity is not ncluded in this audit report # Date Time User Attlvlty 1 12 Oct 2022 22:24:11 f-04:00) system Recording started due to AXon SIRnal Vehicle activati on Pre-event audio recordin g: Olsab ed Video mask: Disabled Trigger(s); 5 2 '2 Oct2022 22:24:30 ( ·04:00) system Evidence Record created 3 1'2 Oct 2022 22 :24:30 (-04:00) TPR ST~ Userna UserlD · E\/idence tltle added: 'Axon Body 3 Video 2022-10-12 22.24 X6039BMJY' 4 12 OctZ0ll 2.2: i4:30 (.04:00) SY5tem Ev dence Record Created in Recording status. Video not uploaded. 5 12 Oct 2022 22:24:30 (-04:00) System Record ing stopped due. to button p ress 6 12 Oct202.2 l2:24:-39 (•04:00) system 7 t3 Qtt 1022 00:43:44 (•04:00) NIA (Badge 10:) Evidence pl yod b:.fl{ u1fng futon appli cation 8 130d 2022 o0:4S:oo (-04;fJti> Niii. (il ■ dge li); } c;:atego.r y '1. General' acided to v ideo m etadar:a using AlrOl'i appl lrn tlon NIA (Badge ID: ) Evl d@ti ec pl,11ycd t,..,ck u s!ng Alton apfilltatio11 I I liiaence Record upd ated with ret ordlng end rime 9 130d202Z 00:59:28 (.04-:00) 10 130rti.Ol2 01 :119:12 (-04:00) NIA (Badge IO: ) [videhce p i11yed batk usln{I Axon 11p¢1ica1irm 11 130ct2022 07:12:02 (,-04:00) S)'Steni Evi dence upload st;;ru,d whon c.amerti ~as docked 12 13 Oet2022 07:1::Z: H5 Hl4!tl0) syst~ri'I Evid•mce successfully uploaded when dotked ~3 1 :I Oct 2022 07:1 2:16 {-04:00) System Evidence autom~tl~alty d I ttH:I from devke after su~uissful upload when docked ' tamer a was 44 # D.ate Time User Actill1ty 14 13 Oct 2022 07:12:16 (--04:00) system Evide11ce A,uthehticity Validated . Device Serial Number: X6039BMJY 15 13 Oct 2022 07:12:1-ti (-04:00) system Evidence Uploaded with Checksum. Computed Checksum: TREE-1024k 059544f1 e50f89199b 13bcef00252441 a8352a71 c8b9a85 581 cd656770c0f0ef62 16 13 Oct 2022 07:12:16 {-04:00) 17 13 Oct 2022 07:12:17 (-04:00) Category '1, Gen eral' Added System Evidence Checksum Recomputed. Computed Checksums: TREE- 1024k 059544f1eSOf89.199b13bcef00252441a83.52a71 c8b9a85 S81 cd656770c0f0ef62 SHA-256 9fed1 fc8TT1 b221 f3dc86ee2084ecf6584166cdcfdd5bS32 139e74c459b0eedc 18 13 Oct 2022 07:12: 17 (-04:00) Retention level Updated Oeletlon is now sched uled for 29 Mar 2023 22:24:11 f· 04:00) Source of update is Category 1. General 19 18 Jan 2023 13:15:37 (-05:0ll) illffPff rrwd 20 18J.ln 202.3 13:15:39 (-05:00) oorm, r::r r::zered by System at Page Load. Client IP 21 18Jan 2023 13:15:44 (-05:00) Category '* Admi n 6' Added ll 1Bjah 20.23 13:15:45 (-05:00) Retention Level Updated Deletion is now scheduled for 02 Oct .206222:24;11 (· 04:00) Source ,or update is Category* Ad min 6 23 18jan 2023 13:15:48 (-05:00) irlf lPff Rlf ord 24 19Jan 2023 10:24:55 (-05:00) Erldence Record Accessed . Client IP Address: 25 19 Jan 2023 10:24:57 (.05:00) Hf111 r::r r::rred by System at Pa_ge I.Qad. Client IP 26 19 Jan 2023 10:27:31 (-05:00) Evidence Rlford Streamed. Client IP Address: 27 19 J.in 2023 10:35;1 !l (-0S:O0) E11ldence Audit Trail Downloaded 28 09 Feb 2023 13:32:02 (-05:00) Wi§Pff Re?[d 29 D9 feb 2023 1.3:32:04 (-05:00) Nif 11 r::: r::rred by System at Page Load , Client IP 30 09 Feb.2023 13:32:08 (-05:00) fJlff Pf§ ff(ffd 31 09 Feb 2023 13:33:21 (-05:00) Evidence AJJdlr Trail Downloaded 32 09 l=eb 2023 14:01 :19 (·05:00) rr:1:rn R:,oro 33 09feb 20i!3 14:'01 :19 (-0~:00J rrr:r r::r l't~red Accessed. CIJent IP l\_ddress: Streamed. Client lP Address: Accessed . Client IP Address: St~eamed. Client IP Address; Accessed . Client IP Addrllss: by System at P;ige Load , Client JP .-✓ti ' Activity # Date Time 34 09 Feb 2.023 14:0t:34 (-05:00) Evidence 35 09 Feb 2.023 14:28:~o (-05:00) Evidence rued Accessed. Cl ient IP Address: 36 09 Feb 2.023 14:28:31 (-05:00) ilill Ille 37 09 Feb 2023 14:2S:37 (-OS:00) Evidence Record Streamed. Client IP Address: 09 Feb 2.023 14 :38:45 (-05:00) 39 09 Feb 2023 14:38:46 (-OS:00) Med:, Fite euqered by System at Page Load . Client IP 40 09 Feb 202.3 15:13:13 (-05:00) Evldenr Record Accessed. Client IP Address: 41 09Feb2023 15:13:14 (·OS:00) 42 09Feb 202.3 15:13:38 (-05:00) 38 f User Capt Usern Usert rur Streamed. Client JP Address: Buffered by system at Page Load. Client IP 11rlil lliind Accessed. Client IP Address: M"i' File Bugered W1f2fl "cord by system at Page Load. Cl!ent IP Streamed. Clie nt IP Address: 3 New York State Police J1AXON Albany, NY, us Dowmenr genuoted: 09 Feb 2023 • T5:4/;j4 -05:00 by CAPTAJN Niefson, Morlc(4B68) EVIDENCE AUDIT TRAIL Confidential activity is not Included in this audit report Source Evidence ~vldenc.e 10 Body 3 11095144 3. Misdem~nor / Vlo l.atlon Device Typf! Axon Device Name 4303 Title Axon Body 3 Video 2022 °10-12 223 1 X6039BMJY Serial Number X60398MJV Document Checksurn Sha2- Categories * Adminfi Uploaded Uploade r bS2370454.lccS94227bSe8168S30Z63910464bbe555dSc604Z5b 43832t3c03?d 12 Ott 2022 22:31:11 UHge 13 Oct 2022 07:1 2:33 TPR STRICKLAND, ELIAS (Badge 10: 4303) Unique 10 5FE5663EF38248O5ACOCF1FB41E4B999 ~ecord Start Page views 8 File downloads Video 7 playbacks Last Viewed 09 'Feb 2023 15:41 :33 Or Downloaded On Confidential activity Is not Included In this audit repor-t # Date Time User Activity 1 t2 Oct 2022 22:31 :11 {-04'. 00) System Recording started due to Axon 51?.nal Vehlcle activatio n Pre-event audio recording : Di.sah ed Video mask: DisabJed Trigger(s): 5 ,. l2 Oct2022 22.:31:31 T-04:00) System 3 12 Oct 2022 22'. 3 1:31 (-04:001 Tf'R STRICKLAND . Evidence Record Created EUAS /Badoe ID: 43031 User~User 1 Evidenca t itle added: 'Axon Dody 3 Video 2022-10-12 2231 X6039!3MJY' 4 12 Oct 2022 22:3\31 (•04:00) System E11 ld~ce Record Created ln Recording status. Video not uploaded, 5 12 Oct 2022 22!31;42 (-04:00) System Recording stopped di.le to button pre5s 6 12Oct2022 22:31 :47 (-04;00) System Evidence Record updated with recording end time 7 13 Oct 2022 00:43:22 (-04:00) NIA (Badge lD: I Evld nee played back using A>ron appllc.ation - 13 Oct2022 00145:1 0 (-04:00) NIA (Badgf! IO: l 9 13 Oct 2022 oo:so:os (-04:00) NIA (Badge ID: l 10 13 Oct 2022 0'1:04:42 (•04:00) NIA(Sadge 10: l Evidence played back us ng Axon application 11 130(~ 2022 02:26:03 (-04:00) NIA (Badge JD:) Category '3, Misdemeanor I Violation' added to video metadata using A,ron appllciltlon 12 130ct 2022 02:26;05 (-04:0P) NIA (Badge ID: ) (.(tethal 1D ·11095144' added to video metadata using AKon application 13 13 Oct2022 07:12:16 (-04:00,) Synem Evidence tJpload started when camera was docked 8 -_,-- --- Evidence played back using Al(on applica[]on Eviden ce pJayed back using Axon appllca1Jon I [)all! Time User Activity 14 13 Oct 2022 07:12:32 1-04:00) System Eviden ce successfu lly uploaded wh en camera was docked 15 13 Oct 2022 07: 12:32 (-04:00) System E.,.idence automatic~lly deleted from device after IUtCMSftJI upload when dod1ed 16 13 Oct 2022 07:1 2:33 (,04:00) System Evidence Uploaded with Checksum. Computed Checksum: TREE-1024k 054e.e5ef4b95b06Bd82d6a992a68cc3e81f5615fe5a56B2 9e49755e1b72d91db73 Evi~ence Authenticity Validated. 17 13 Oct2022 78 13 Oct 2022 07:12:33 (-04 :00) External1D '1109S144' added 19 13 Oct 2022 07:12:33 {-04:00) Category ' 3. Misdemeanor / Violation' Added 20 13 Oct 2022 01:12:33 H)4 :00J System Oevi!;e Si;irlal Number. X6039BMJV Evidence Checksum Recomputed. System Computed Checksums: TREE',1024k 054ee5ef4b95b068d82d6a992a68ccae81fS-61SfeS.a5682 9e4975SE1b72d91db73 SHA-256 b52370454acc894227b5e8168530263910464bbeS5Sd5c 6042Sb43832c3t037d Retention Level Updated Oelecion Is now scheduled for 11 Oct 2027 22:31:11 \· 04;00) Source of update Is Category 3. Misdemeanor I Vlolation 21 13 Oct 2022 07: 12:36 (-04:00) 22 17 Oct 2022 16:23:57 (-04:00) itUPff Record 23 17 Oct 202:2 16:24:00 {-04:00) 0011!1 ,le syqere(S by System al Page Loild, Client IP t7 Oct 2022 16:24:04 (-04:00) t:ff if§ r,rnrd 18 ~n 2023 13-08:23 1-05:00) 25 Accemd. Client IP Address: Streamed. Client JP Address: LTOAVlS U~erna ; : .. ! ~ • : . ' • · ' rr:rrrff Rf(nrd • il Accessed. Cltent lP Address: User JO 26 18Jan2023 13:08:24 (-05:001 OOff if Fite rnuered by System at Page Load. Client IP 27 Ul Jan 2023 13:08:34 •( -05:00) Cate9ory ,.. Admin 6' Added 28 18Jiln 2023 13:08:34 (-05:00) Ile cmtton Level Updated De letion l now scheduled -04 :00) for 02 Oct 20(;;2 22:31:11 {· Source of update is Category Admir1 6 29 18 Jan 2023 illffPff Pfmd 13:08:38 (-05:00) Str~amed. Client I JO 19 Jan 2023 10:0.1:34 (-0~:0fi) 19J3n :.02..i 10:02:36 (-05:00) fllf trff rswd Attem d. Client IP Address: . UserTO C::·lll'plllE Usert111 32 l!IJM 2023 10:04:31 (-05:00) 33 09 F@b 202.;J 13:30:1 S (-05:00) IP Address; 8 " ' • • ~ I • ~ Ill , • • rrm: r::r m:rted by Sy5t~m at Page Load. Client IP &:rrrn rurrd trtrs rrrnrdAc,emd. Streamed. Cli~nt IP Addre ss: tlient lP Address: 2 ,. \ # Date Time 34 09 Feb2023 13:30:20 (..05:00) 3S 09 Feb 2023 13:30:29 (-05:00) 36 09 Feb 2023 13:34:40 (-05:00) 37 09 Feb 2023 .· 13:35:07 (·05:00) 38 09Feb 2023 13:35:45 (·0S:00) tr:rn Record 39 09Feb 2023 14:08:01 (-05:00) Evidence Record Accessed. Client IP Address: 40 09 Feb 2023 14:08:02 (-05:00J Media rn, Buffered by System at Page Load. Client IP 41 09 Feb 2023 14:48:02 (.05:00) Evidence Rerord Accessed. Client IP Address: 42 09 Feb 2023 14:4 8:03 (-05:00) ~fill illf 43 09 Feb 2023 14:49:32 (-05:00) 44 ,09 Feb 2023 14:51 :59 (·05:00) Evidence Audit Trail Downloaded 45 09Feb 2023 14:54:33 (-05:00) Marker Added 46 09Feb2023 14:SS:10 (-05:00) Marker Edited 47 09 Feb 2023 15:09:47 (-05:00} Infiii liiild 48 09 Feb 2023 15:09:49 (-05:00) 49 09 Feb 2023 15:09:59 (.05:00) i~lliiil so 09 Feb 2023 15:41 :22 (·05:00) S:Hrr Rerord 51 09 feb 2023 15:41 :23 (-05:00) U:.er Activity Mula FIie syqered by System at Page Load. Client IP Cap Use User ivldrce Record Streamed. Client IP Address: Mer:, File eum:red by System at Page Load. Client IP Evidence Capt User User Capt User User Capt User User Audit Trail Downloaded Streamed. Cl ient IP Address: B-iered by System at Page Load. Client IP f1111Pff Record Streamed. Client IP Address: Accessed. Client IP Address: Media File euqered by System at Page Load. Client IP IJiifd Streamed. Client IP Address: Accessed. Client IP Address: Media r::, Buffered by System at Pa9e Loa d. Cli ent IP 3 N~w York State Police A.AXON Albany, NY, US Document generated: 09 Feb 2023 - 15:4 1:~4 -05;00 by CAPTAIN Nielson, Mark(4B6lJJ EVIDENCE AUOlT TR.All confidential activity is hot lnclud~d in this audit report Source E-vidence JO 11095144 Devlc:e Type Axon Body 3 Categories 3. Mis.demeanor/ Vi<1,laiioi'I Device Name 430J "' AdmlnG Title Document Che,ksum Axon Body 3Videi> 2022-10 °12 22.3 3 Xti039 BMJY Serial Number X60398r.,JY Sha2- 44ecdeod9a0fil6131ac;fc193414SSad2Sc8304dee87f4a3Md Sc!IS 89ce5006409 o,t 2022 :u:3'3:02 Record Srart 12 Uploaded Ul)lo.ader 13 Ott 2022 07:39:.3.0 Usage '!'PR S:lRtCKlANO, ELIAS (Badge ID: 4.303) - -- - - - -- UntquelD 243C7AE'76SAS4288AF264.227AEfC04S8 Page views 7 File downloads Video playbacks li!Sl Viewed Or Oownloaded - - - - - - - - - - -- ----- 5 09 Feb 202315:41 :53 On Confidential activity l5 not included in this audit report ' Date Time user Act1V,l ty 1 12 Oct '2022 2Z:33:02 (-04:00) system Recording started due to button cress Pre-event audio recording: 0lsab ed Video mask: Disabled 2 120ct 2022 22:33:19 (-04:00) Sys'tem Evidence Record Created 3 12 Oct.:2022 22:33:19 {-04:00) - TPR.ST~ Userna Uer 10 Evidence tit le added: 'Axon Body 3 Video 2022-10-12 2233 X6039BMJY' · 4 12 Oct2022 22:13:19 (-04:00) System Evidence Record Cre.ited in Recording status. Video not uploaded. 5 12 Oct 2022 23:3'1:57 (-04:00) system Record in g stopped due to button press 6 ' 1'20ct2022 23:32!02 (-04:00) system Evidence Record updated With re Ording l?nd time 7 13 Oct 2022 00:41:25 (-04:00) NI A (Badge 10: ) Evidence played b;ick using A)(on applicatlon 8 13 Oct 2022 00:45:44 (-04:00) NIA (Badge IO: ) -- - Evidence played back using A•an.application 9 13 Oct 2022 00:52!1 ~ (-04:00) NIA (Badge ID:) 10 l-3 Oct 2022 02:25:55 (-04:00) NIA (Badge 11 13 Oct 2022 02:25:59 (-04:00) l'I/A {Badge 10: ) Category '3, Misdemeanor / Vl olation' added to Video metadata using A)(0!1 application 12 13 Ocr2022 07:12:33 (--04:00) System Evidence upload started when camera was docked 13 13 Oct 2022 07:39:30 (-04:00J System Marker Ai:Jded to: l Evidence played !lack using Al<on app lication External JO '11095144 ' added co video metadata u~ing Axon application # Date Time User 14 13 Oct2022 07:39:30 (.04:00) System Activity Evidence Uploaded with Checksum. Computed Checksum: TREE-1024k Obea57251152293d95e84f0562660afc296eOe91e64b233 cSOebBd47S,6b47ef47 15 13 Oct2022 07:39:30 (-04:00) System Evidence Authenticity Validated. Device Seric1I Nu mber: X6039BMJY Hi 13 Oct 2022 07:39:30 (-04:00) System Evidence successfulJy uploaded whe n ca mera was docked 17 13 Oct 2022 07:39:30 (·04:00) TPRST Usern User I Externa l ID ' 11095144' added 18 13 Oct2022 07 :39 :30 (-04:0 0) Cat egory '3. Misdemea nor I Violation' Added 19 13 Oct 2022 07:39:30 (-04:00) Retention Level U~dated Deletion is now scheduled for 11 Oct 2027 22:33:02 (· 04:00) Source of update Is Cittegory 3. Misdemeanor/ Vlolatlon 20 130ct 2022 07:39:31 (-04:00) System Evidence automatically deleted from device afte r successful upload when docked 21 13 Oct2022 07:39:51 (-04:00) System Evidence Checksum Recomputed. Co'W-1uted Checksums: TRE -1024k Obea57251152293d95e84f0562660afc296e0e91e64b233 cSOeb8d47Sc8b47ef47 SHA-256 44ecde0d9a0f86131acfa934145Sad25t8304dee87f4a3ec d5t9589ce5006409 22 17 Oct 2022 16:25:00 (-04:0 0) 23 17 Oct 2022 16:25:0 3 (-04:00) 24 17 Oct2022 16:25:06 (-04:00) Evidence Record Streamed. Client IP Address: 161.11 . 160.208 25 18 Jan 2023 13:05:37 (-05:00) llljiiil 26 18Jan 2023 13:05:40 (-05:00) Med ia FIie Buffered by System at Page Load. Client !P 27 18 Jan 2023 13:06:38 (-05:00) IMIHiH lmrd :ZB 18Jan 2023 13:07:29,(-05:00) category '"' Adm in 6' Added 29 18Jan 2023 13:07:29 (-05:00) Retention Level Updated Deletion Is now st:heduled for 02 Oct 2062 22:33:02 (· 04:00) Source of update Is Category* Admln 6 30 19 Jan 2023 10:06:20 (-05:00) 1v1dence Record Acfessed. Client II' Address: 31 19 Jan 2023 10:06:22 (-05:00) ~1111 illi 32 19 Jan 2023 10:0 6:2 4 (·0 5:00) iiiiiii iiird 33 09 Feb 2023 13:38:08 (-05:00) fl'.f§iff Rfford Accessed. Client IP Address: Evidence Record Accessed. Client IP Address: 161.11 .160.208 TPRS Usern Usert Medlit ~lie Buffered by System al Page Load. Cl ie nt IP 161, 11 .160.208 iicord Accessed. Client IP Address: Streamed. Clien t IP Address: IMffered by System at Page Load. Client IP Streamed. CHent IP Address: 2 # Date Time User 34 09 Feb2023 13:38:09 (-05:00) CaptN Userna User! 35 09 Feb 2023 13:39:34 (-05:00) Evidence Audit Trail Downloade d 36 09 Feb 2023 13:40:09 (-05:00) r11en(e Record Streamed. Client IP Address: 37 09 Feb2023 14:58:00 (-05:00) r:rnce Record Accessed. Client IP Address: ' 38 09 Feb 2023 14:58:01 (-05:00} 39 09 Feb 2023 15:00:21 (-05:00) Evidence Audit Trail Downloaded 40 09 Feb 2023 15:01:24 (-05:00) Eviden; Record Streamed. Client IP Addres~: 41 09 Fe b2023 15:01 :39 (- 05:00) Marker Added 42 09Feb 2023 15:02:02 (-05:00) Capt Nlel$on[ Mark ~Bad!e ID: 4B68i ~~:~~~~o!!Mki It Lt JJJlt fat IIfal~1 Capt User User Activity Mrla File Buffered by System at Page Load. Client IP Media File Buffered by System at Page Load. Client IP Marker Edited 43 09 Feb2023 15:05:30 (-05:00) Marker Added 44 09 Feb 2023 15:05:49 (-05:00) Marker Edited 4S 09 Feb2023 15:11:26 (-05:00) Evidence Record Accessed. Client IP Address: 46 09 Feb 2023 15:11:33 (-05:00) Media File Buffer~ by System at Page Load. Client IP 47 09 Feb2023 15:41:49 (-05:00) rr:rrrff Record Accessed. Client IP Address: 48 09 Feb 2023 1S:41 :51 (-05:00) Capt User User Media FIie Buffered by System at Page Load. Client IP DCN2023-0020, Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 3Fl l AVL E-5 SP Highland Telephone Logger E-11 Saugerties PD B WC E-13 Saugerties PD Telephone Logger E-14 Cantine Field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 Strick.land Target Statement E-37 Lovgren Target Statement E-40 Facebook Video - A#-.A2S ~ ft.. .s..~ e t ◄ ..,.!Me !.2 C8·6 (Rev 08119) New Vol',( St~te Police Radio Log St.atlon : Page SP Highland I KNBT350 1Oate: 10/IJ/'JJ ~~nti~~tters: J Troop : ol :)._ F ... CB-6 (Rev 08/19) N'1!W Yor~ State Police . Radio Log Slatlor,: _SP Stati Call ~tters: Pag~ of ')_ - Highl~nd KNBT350 F DCN2023-0020. Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions · -4 J F l I AVL E-5 SP Highland Telephone Logger E-1 1 Saugerties PD BWC · E-13 Saugerties PD Telephone Logger E-14 Cantine Field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 Strickland Target Statement E-37 Lovgren Target Statement E-40 Facebook Vide~ t:DCN202J~0020, Digital Report Enclosures - USB Drive E-3 SP Highland Rad.io Transmissions E-4 3Fl 1 AVL E-5 SP Highland Telephone Logger E-11 Saugerties PD BWC E-1 J Saugerties .PD Telephone Logger E-14 Cantine Field Video E- l 8 AVL PJot Map Video E-34 Taylor Witness Statement E-35 Strickland Target Statement E-3 7 Lovgren Target Statement E-40 Facebook Video- s DCN2023-0020, Tpr E. Strickl_and Pursuit/TCAA Transcriptions NYSP telephone/radio review for 10/12/22 Tx I - Rad. 10:30:29 p.m. Tpr Strickland: 3F·l ·1 Highland Rad. 10:30:40 p.m. SP Highland: Highland's on•. Tpr Stri~kland: Just had a. dirt' bike or motorcycle Jake off from me on a traffic stop. nonh of Saugerties. I'll get you a location not, uh, no lights, following with no Jights. Gonna be SP Highland: inaudible Tx 2- ltad. 10:31:19-p,m. (50 seconds.after Initial report) (BWCtime 10:31 :17 p.ni.) Tpr Strickland: He just uh, struck my vehicle, Uh, he's, uh bailed out on foot SP Highland: Received Tx 3 - Rad. 10:32:03 p.m. . Tpr Strickland: 3Fl 1 Highland SP Highland: Highland's on Tpr Strickland: Gonn.a be Market Street extension and North Street. North of Saugerties. If you can get me sonie more units. SP Highland: Received Tpr Strickland: Can you also, uh get a supervisor, uh, damage to the Troop car SP Highland: Sergeant's been notified Rad. 10:32:44 P·!fl· SP Highland: Al1 Kingston patrols,· anybody available _to assist3FI l? Location is going to be Saugerties. 3Fl3: 3Fl3 Highland, I'll be en-route. ·where at in Saugerties? SP Highland: Canoe Hill Street in the Town of Saugerties., Tx 4 - Rad. 22:33:14 p.m. Tpr Strickland: 3F1 I Highland just get me a Saugerties unit. SP Highland: Received Tel. 10:34:09 p.m. SP Highland incoming Tpr J. DeGregoria: State Police, Trooper inaudible Tpr Wurtz: What.does Eli have going on in Saug~rties? DCN2~23-0020, Tpr E. Strickland Pursuit/TCAA Transcriptions Tpr J. DeGregoria: Uh, sounds like it was a dirt bike hit Troop car and then bailed out on foot Tpr Wurtz: Did he keep chasing him? Tpr J. DeGregoria: Were working on that right now. Tpr Wurtz: Where in Saugerties? Tpr J. DeGregoria: Canoe Hill Road. Tpr Wurtz: New Hill Road? Tpr J. DeGregoria: Canoe. C-A-N-O-E Tpr Wurtz: Alright. There's people going, right? Tpr J. DeGregoria: Yeah, Benincasa is on his way and they're working on getting a Saugerties patrol up there. Tpr Wurtz: Alright, bye. Tel. 10:34:36 p.m. SP Highland outgoing (time is 8 seconds later than SPD call logger time) SPD: Saugerties Police, Senior Dispatcher White Tpr Alma: Hey its Tpr Alma down in Highland, how are you? SPD: Okay Tpr Alma: He we uh have a unit out with sounds like a foot pursuit with a motorcycle. SPD: Uh-huh Trp Alma: Canoe Hill Road by North Street SPD: Yeah Tpr Alma: It's 3F 11 if you could inaudible SPD talks over SPD: We already have someone over there. We spoke to Sgt. Taylor. Tpr Alma: Oh, wonderful. Thank you. SPD: Okay, you got it. Tpr Alma: Bye, bye SPD: Bye. Tel. 10:35:53 p.m. SP Highland incoming Tpr Alma: State Police, Tpr Alma Tpr Tegeler: Tpr Alma, Tpr Tegeler how are you sir? Tpr Alma: You still work here? DCN2023-0020, Tpr E. Strickland Pursuit/fCAA Transcriptions Tpr Tegeler: Yes buddy. Mapping is down. Where is 3FI I and what does he have? Do you know? Tpr Alma: He uh, had a dirt bike that boogied on him. Tpr Tegeler: Okay Tpr Alma: And now the operator bailed on him. Canoe Hill Road and North Street in the Town of Saugerties. Tpr Tegeler: Alright;copy that. I am en-route to his location. Tpr Alma: Glad to hear your voice big guy. Glad your back Tpr Tegeler: Yes sir. Great to hear it. Back at you. Tpr Alma: Alright, later bro. Tpr Tegeler: Talk to you soon. Later. Tel. 10:35:54 p.m. SP Highland incoming Tpr Leon Sar~via: State Police, how can I help you? Sgt Lovgren: Hey it's Sgt. Lovgren. Tpr Leon Saravia: Hey, how ya doing Sarge? Sgt. Lovgren: Uh, wher_e is Strickland at? Tpr Leon Saravia: It's going to be approximately North Street, Town of Saugerties and the cross street is going to be Canoe Hill Road Sgt. Lovgren: I'm sorry, say that again. Tpr Leon Saravia: North Steel Sgt Lovgren: North Street? I thought he was on 32? Tpr Leon Saravia: Yes, um and then it says Canoe Hill Road based on the AVL. I'll reconfirm, I'll reconfirm the address for you Sarge. Um, Sgt Barnett has been notified too, as well. Sgt. Lovgren: Um, is that north of Saugerties or... I'm not familiar with where North Street and Canoe Hill is Tpr Leon Saravia: Based on the map it's north of the hamlet, that where all the main uh inaudible it's north of Route 2-1-2. Um that's, I don't know if that's considered north Sgt Lovgren: Okay, so it's up past the Thruway southbound entrance there Tpr Leon Saravia: Yeah, yeah Sgt. Lovgren: On 32 Tpr Leon Saravia: That's correct. DCN2023-0020, Tpr E. Strickland Pursuit/TCAA Transcriptions Sgt. Lovgren: Okay, yeah I'm just trying to figure out which way I'm going up on 32 inaudible Saugerties . .. Okay Tpr Leon Saravia: Yup, you got it Sarge Sgt. Lovgren: Ok, thanks. Tpr Leon Saravia: No problem. Bye. Rad. 10:37:20 p.m. SP Highland: Highland to 3Fl I, you_r status? Tpr Str_ickland: I'm secure here. I just, we need to locate the operator. SP Highland: Received. Rad. 10:38:06 p.m. SP Highland: Highland to 3Fl I, can you confirm yciur location? T-pr. Strickland: Gonna be the intersection of North Street and Market"Street, extension. Near Cantine Fields SP Highland: Received. Rad. 10:45:12 p.m. 3FJ3: 3Fl3 Highland, I'm o·utwith 11 SP Highland: Received. Rad. 10:47:44 p.m. SP Highland: Do you have traffic 3F20? 3F20: 3F20 Highland you can show me out in•the area with 3FI I SP Higl\land: Received. Tel. 10:49:40 p.m. SP Highland incoming Tpr Leon Saravia: State Police, how can I help you? Sgt. Taylor: Hey, it's Sgt. Taylor Tpr Leon Saravia: Hello Sarge Sgt. Taylor: Did you run that plate? Tpr Leon Saravia: I didn't get the plate. It came in, broken, um the phone_. l' 11 notify Strickland as soon as we get off Sgt. Taylor: Yeah, let's get that plate. Let's run it. Let's run the name in SJS see ifwe have some contact numbers or something and let's see who had that bike · DCN2023-0020, Tpr E. Strickland Pursuit/TCAA Transcriptions Tpr Leon Saravia: That sounds good. You got it Sarge. Sgt. Taylor: Alright, thanks buddy. Tpr Leon Saravia: No problem. Sgt Taylor: Later Tpr Leon Saravia: Bye. Rad. 10:50:22 p.m. SP Highland: Highland to 3Fl 1 Rad. 10:51.33 p.m. SP Kingston: Kingston to 3Fl I Rad. 10:51:48 p.m. SP Kingston: SP Kingston to Sgt. Lovgren Sgt Lovgren: 3Fl5's on. SP Kingston: 1-5 when you arrive on scene advise of the established perimeter. I do have a K9 at Ulster PD, however he's currently not available. I know they had a good start point um, so if! can get him up there,.!'11 send him up there. Inaudible, covered by unrelated radio traffic- F203 Sgt. Lovgren: Kingston your broken. Standby for landline. Tel. 11:03:56 p.m. SP Highland incoming Tpr Leon Saravia: State Police, how can I help you? Sgt Lovgren: Hey, it's Sgt. Lovgren Tpr Leon Saravia: Hey Sarge Sgt Lovgren: Can you uh start getting a hold of Bill's. Um, 3Fl I which is involved is leaking oil. Tpr Leon Saravia: Alright so Sgt. Lovgren: We are not going to be able to drive it out of here, so we can start working on that. Alright? Tpr Leon Saravia: Sounds good. You got it. I'll call Bill's right now and have them go up there right now Sgt. Lovgren: Yeah I'm sure its going to be at least forty-five minutes before they get here, so. Tpr Leon Saravia: Sounds good Sgt. Lovgren: Okay thank you. Tpr Leon Saravia: Where do you want them towed? To their shop or to the barracks? Sgt. Lovgren: No to the shop. To the shop. They can just tow it to their shop for mechanical repair and then we'll have to worry about the other damage after that. DCN2023-0020, Tpr E. Strickland Pursuit/TCAA Transcriptions Tpr Leon Saravia: You got it. Sgt. Lovgren: Okay, alright. Bye . Tpr Leon Saravia: Alright, )>ye. Tel. 11:07:17 p.m. SP Highland incoming Tpr Leon Saravia: State Police, how can [ help you? Sgt Lovgren: Hey, it's Lovgren again. Did you call Bills yet already or no Tpr Leon Saravia: I called and they did not pickup Sgt. Lovgren: Ok. Alright when you get a hold of them umjust;let them know they're also taking the motorcycle too. It should fit on the same flat bed, but just let them know Tpr Leon Saravia: Alright sounds good. I'll let them know. Sgt. Lovgren: Okay. Alright'. Bye Tpr Leon Saravia: Bye . Saugerties PD call/radio log review for I 0/12i22 Tel. 10:26:48 p.m. -caller Fred-(caller identified as Fred Costello, Town Supervisor. T e l - by SPD - Lt Swart) reports NYSP chasing a motorcycle southbound and then northbound. Last scene northbound heading into the village. Tel. 10:31 :54 p.m. - .caller, NYSP - Sgt. Joshua Taylor "one ofmy guys had a bike take off or an individual take off from a traffic stop on 32 north. I didn't get a cross street. [ thought he said Market, the radio is shot" Inquires about K9 availability due to subject having fled on foot Rad. I 0:34:06 p.m. - Saugerties Unit calls out on the scene (unit 782 - PO Joseph Comito) Tel. 10:34:28 p.m. - caller, NYSP Tpr Alma, requesting SPD unit to assist 3Fl I out.with a foot pursuit/motorcyde Canoe Hill Road by North St. Dispatcher White advised SPD unit already out assisting in response to previous call from Sgt Taylor. Rad. l 0:36:54 p.m. - 782 reporting NYSP Unit at Canoe Hill @ North St. 782 to BOLO Rad. I 0:57:32 p.m. - 782 in service Saugerties PD. PO Joseph Comito BWC review Video is 00:02:28 minutes in duration captures interaction between PO Comito and Tpr Strickland upon PO Comito's arrival on the accident scene at Canoe Hill & North St. PO Comito approaches the scene from North St 00:00:20 Audio begins. Tpr Strickland: " I was chasing this guy. I called it out right here and then as we were coming around this comer, he brake checks me, like locks it up. · · PO Comito: Yup DCN2023-0020, Tpr E. Strickland Pursuit/TCAA Transcriptions Tpr Strickland: So I just tapped the back end and he took off running that way. So, I don't know if you want to shoot up here real quick and see if you can see him. He ripped off, uh ... He brake checked me so hard I couldn't stop because of the gravel right here. I locked it up. PO Comito: What was he wearing? · Tpr Strickland: All black, Backpack. He ditched his helmet right over here 00:00:52 Tpr Strickland answers cell phone Tpr Strickland: "Hey Sarge" inaudible (Sgt identified as Joshua Taylor) PO Comito: I'll take a look. You're all good though? Tpr Strickland: "What's the names of these two streets right her_e?" PO Comito: This is North St and Canoe Hill. Tpr Strickand: (speaking to Sgt) Alright, North St and-Canoe Hill. It's going to be north of Saugerties.· Tpr Comito: I'll go Tpr Strickland: Canoe Hill PO Comito: That's Canoe Hill, this is North St. 00:0 I: 17 Tpr Strickland places call on speaker phone Sgt (believed to be Taylor): "I've got units en-route to your location right now." Tpr _Strickland: He bailed on foot, I got inaudible. White male wearing all black inaudible PO Comito: If it's the guy I'm thinking of! know where Tpr Strickland: "It comes back to a Rhinebeck address. He's ran, this same plate has ran from me before, um. he. Alright,"thanks (00:01:37) · 00:01:49 Tpr Strickland ends phone call PO Comito: inaudible Tpr Strickland: Let's see if we can get a perimeter. He went this way for sure, so I don't know if you can shoot up that way. PO Comito:. Yeah. Yup. Tpr Strickland: ·Maybe the next Street over. PO Comito: I' II go look. Tpr Strickland: Is there anything this way? Po Comito: The railroad tracks. Tpr Strick_land: Yeah maybe that's where hew~ heading DCN2023-0020, Tpr E, Strickland Pursuit/TCAA Transcriptions PO Comito: Peoples Rd and then goes on to Mike Kraut which shoots all the way up to like HITS and then back over here to the fields Tpr Strickland: Okay PO Comito: So he could be anywhere, but I'll go look Tpr Strickland: Alright inaudible GENL 340 (Rov. OS/15] INSTRUCTIONS: DIGITAL PHOTO RECORD CASE NUMBER STATION FIU LEAD NUMBER INCIDENT DATE F2022-1012 10/12/2022 SP Middletown Complete a separatG foJlll for each investigation Print or type all entries PHOTO DATE BEGAN I 2/13/2023 12:02AM PHOTOGRAPHER'S NAME INVESTIGATING MEMBER TIME I COMPLETED 1:05 AM Investigator Mark Whalen Captain Mark Nielson COMPLAINANT - DEFENDANT - OPERATOR - DECEASED CASE TYPE Investigation COUNTY ADDRESS OR LOCATION Ulster SP Kingston, 1791 US-209, Kingston, NY 12401 ACTION REQUESTED GENERAL DESCRIPTION OF SCENE/ ITEM(S) I 0 Motocycle, 3F11 CAMERA Nikon IMAGEII 0 IMAGE TYPE OR FILE FORMAT JPEG CAMERA PHOTO ID II O TIF O Raw I Bum to CD/DVD 1 DESCRIPTION: OF 2 2/14/2023 0 Print MANNER SUBMITTED: (Check one) DATE SUBMITTED TO FIU PAGE# D 0 CD/DVD 0 E-Mail D other IMAGE# CAMERA PHOTO ID# DESCRIPTION: Motorcycle front left 1 MCW_0082 Motorcycle overall 39 MCW_0120 2 MCW_0083 Motorcycle overall 40 MCW_0121 Motorcycle left handlebar 3 MCW_0084 Motorcycle overall 41 MCW_0122 Motorcycle left handlebar 4 MCW_0085 Motorcycle overall 42 MCW_0123 Motorcycle left handlebar 5 MCW_0086 Motorcycle overall 43 MCW_0124 Motorcycle left mirror 6 MCW_0087 Motorcycle overall 44 MCW_0125 Motorcycle front left directional 7 MCW_0088 Motorcycle license plate 45 MCW_0126 Motorcycle front 8 MCW_0089 Motocycle inspection void 46 MCW_0127 Motorcycle front 9 MCW_0090 Motocycle VJN 47 MCW_01~8 Motorcycle front right 10 MCW_0091 Motorcycle key hole 48 MCW_0129 Motorcycle front right 11 MCW_0092 Motorcycle manufacturer plate 49 MCW_0130 Motorcycle front right 12 MCW_0093 Motorcycle manufacturer plate 50 MCW_0131 Motorcycle front right 13 MCW_0094 Motorcycle manufacturer plate 51 MCW_0132 Motorcycle front right 14 MCW_0095 Motorcycle man~facturer plate 52 MCW_0133 Motorcycle right handlebar 15 MCW_0096 Motorcycle manufacturer plate 53 MCW_0134 Motorcycle right handlebar 16 MCW_0097 Motorcycle rear tire 54 MCW_0135 Motorcycle right handlebar 17 MCW_0098 Motorcycle rear tire 55 MCW_0136 Motorcycle right mirror 18 MCW_0099 Motorcycle rear tire 56 MCW_0137 Motorcycle right mirror 19 MCW_0100 Motorcycle rear lire 57 MCW_0138 Motorcycle front right 20 MCW_0101 Motorcycle rear lire 58 MCW_0139 Motorcycle front right 21 MCW_0102 Motorcycle muffler, tire rub 59 MCW_0140 Motorcycle front right 22 MCW_0103 Motorcycle rear left 60 MCW_0141 Motorcycle front rig ht 23 MCW_0104 Motorcycle rear left 61 MCW_0142 Motorcycle front right 24 MCW_0105 Motorcycle rear left 62 MCW_0143 Motorcycle rear brake pedal 25 MCW_0106 Motorcycle rear left 63 MCW_0144 Motorcycle rear brake pedal 26 MCW_0107 Motorcycle rear left 64 MCW_0145 Motorcycle right foot peg 27 MCW_0108 Motorcycle rear left 65 MCW_0146 Motorcycle rear right 28 MCW_0109 Motorcycle rear left 66 MCW_0147 Motorcycle rear right 29 MCW_0110 Motorcycle rear left 67 MCW_0148 Motorcycle rear right 30 MCW_0111 Motorcycle rear left 68 MCW_0149 Motorcycle rear right 31 MCW_0112 Motorcycle front left 69 MCW_0150 Motorcycle rear right 32 MCW_0113 Motorcycle front left 70 MCW_0151 Motorcycle rear fender 33 MCW_0114 Motorcycle front left 71 MCW_0152 Motorcycle seat 34 MCW_0115 Motorcycle front left 72 MCW_0153 Motorcycle seat 35 MCW_0116 Motorcycle front left 73 MCW_0154 Motorcycle seat 36 MCW_0117 Motorcycle front left 74 MCW_0155 Motorcycle seat 37 MCW_0118 Motorcycle front left 75 MCW_0156 3F11 and Motorcycle 38 MCW_0119 Motorcycle front left 76 MCW_0157 3F11 and Motorcycle Retain GENL :14D {Rev 05115) INSTRUCTIONS: Complete a $eparate lonn for each invewgation recorded on digital media DIGITAL PHOTO RECORD FIU LEAD NUMBER CASE NUMBER STATION I SP Middletown INVESTIGATING MEMBER INCIDENT DATE F2022~1012 ! Print ortype all entries PHOTO DATE 10/12/2022 TIME 2/13/2023 12:02AM PHOTOGRAPHER'S NAME Investigation - ADDRESS OR LOCATION ' . SP Kingston, 1791 US-209, Kingston, NY 12401 Ulster ACTION REQUESTED GENERAL DESCRIPTION OF'SCENE / ITEM(S) I □ Burn to CD/DVD Motocycle, 3F11 IMAGE# 77 1:05AM COMPLAINANT..: DEFENDANT- OPERATOR - DECEASED COUNTY Nikon COMPLETED Investigator Mark Whalen Captain Mark Nielson CASE TYPE CAMERA I BEGAN 0 IMAGE TYPE OR FILE FORMAT O TIF O Raw JPEG I PAGE# DESCRIPTION: MCW_0158 3F11 and Motorcycle• 2 OF 2 2/14/2023 IMAGE# 0 CD/DVD CAMERA PHOTO ID# 0 E-Mail D Other DESCRIPTION: .. , . ' .,,, . - .. ._ .. . .. - Retain MANNER SUBMIHED: (Check one) DATE SUBMITTED TO.FILI CAMERA PHOTO ID# 0 D Print t New York State Police INSP-BPS Rev 11 /16 Photo 1 of 9 Photo Sheet Case# DCN2023-0020 N@W York Staie Polic.a IN-SP-SPS Rev 11/16 Photo 2 of 9 Photo Sheet Case# INSP-8PS Rev 11?16 New York State Police Photo 3 of9 Photo Sheet Case# DCN2023-0020 JN5P-8PS ~ev '1 1/16 PhOto 4 or 9 Photo Sheet CMe# New York S~te Police INSP-SPS {Re\/ 11116 Photo 5 of9 Photo Sheet Case# DCN2023-0020 New ork State Police INSP-8PS (Rev 11/18 Photo 6 Of 9 Photo Sheet Cas8# DCN2023--0020 New York Slate Police )NSP-8PS Rev 11116 PMtfi 7 Of 9 Photo Sheet Case# OCN2023.0020 New Yor Slate Police INSP-8PS (8~__1l16 Photo 8 of 9 Photo Sheet Case# DCN2023·0020 New York State Police INSP•8PS Rev 11/16 Photo9 of S Photo Sheet Case# OCN2023-0020 Division Vehicle. Collision Airbag Control Module Image· Only North Street Town of Saugertles Ulster County October 12, 2022 10:29 P.M. . , TroopF Collision Reconstruction Unit 55 Crystal Run Road Middletown; New York 10940 Telephon~ ·(845). 346-3591 Prepared by Investigator Mark Whalen -,-,--:..-~~,,_........._ __ .. - .,·--· ··-· -·.. · ... ,.- ·-· ,• ....... ~-~-..-- ..... ............... , _.·.·--· _... ··.· ·· ..................._...... CRU-1 (Rev 11/202.2) Page Collision ~econstruction Findings Report NYSP Station / Outside Agenc;,y 1of1, CRU Case Number Agency Case 'Number F2022-1012 SP Middletown Time of Collision: County Loc~tion of Colfision (Street &.CffN) ' D Signed Warrant Date of EDR Imaging: 02/13/2023 D ·181 Location cf EDR Imaging: SP Kingston Signed Consent other Aulhority/Consen~ Warrant/ Consent by: Division Vehicle Comments: . On Monday, February 13, 2023, Captain Mark Nielson of the New York State Police requested assistance from the Troop F Collision Reconstruction Unit (F-CRU) with collecting any available data contained within the Airbag Control Modul~ (ACM) of Vehicle #-1. On Monday, Feb111ary 13, 2023, I responded to SP Kingston and successfully imaged the ACM of Vehicle #1. The ACM contained no events. Vehicle#: Registration: Year: Make: Model: VIN: 1 3F11 2020• Dodge Challenger 2C3CDXKT7LH150712 The raw data as found in the CbRx file might be compared to a photographic negative and it is a direct image or copy of the data stored on/in the module(s) accessed using the CDR Tool. The CDRx file should be preserved in its native format, an.edited, and should be shared in that format where it may be viewed at a later date·using a licensed copy of the CDR Tool software or using the "free reader'' version of the CDR Tool software in the latest production release of that software. Prior to any analytical use of this data or legal proceeding, the original • .CDRx file should be reopened, and the raw data translated in the•latest production version of the CDR software to ensure the most recent, complete translation of the data is used. . · It should be noted that the report in the • .CDiu file includes a Data Limitations· section which follows this disclaimer. That portion of this 1ranslation report may indicate conditions or characteristics of the data which may be, on the surface,. confusing or require a more complete analysis by-other means. The data may be affected by conditions or vehicle characteristics described in the Data Limitations section of the report or in other related reference material including, but not limited to, the CDR Tool Software Help file. For these reasons and others,,a situationally complete analysis of the crash or event should be undertaken to fully evaluate the me~ing, usefulness and applic;:ability of the recovered data found in this report. · The·requesting agency is the lead.agency in this case.and all photographs, measurements, reports and information will be carried under separate cover; authored' by the lead agency. This Troop CRU completed· a EDR hnage Only, no further reports are required. Although the above disclaimer terminology is specific to "CDR" data, the disclaimer, should be applied to all EDR data obtained generally, regardless of the hardware and software used. Submitted' By (Rank & Name) Investigator Mark Whalen Shield 5687 . Date Submitted 2/19/2023 Troop CRi.J / Station CRU Case Number Troop'F I-SP Middletown F2022-1012_ Peer. Review By Investigator Kyle M. Markle .Shield 838 Date Reviewed 03/15123. bate Published 3/16/2023. New York State Police VOLUNTARY CONSENT TO SEARCH Case Number I ID qf l 'i 'i Item#_ __ atO~ ct ere~ [, ~:::e.~<iS. >DOB:- ,residing S;,o,.-e :It: llll\ hereby give my permission to the ~ _[Agency] and the New York State Police, to conduct a search of the following: Cellphone/Computer Description: Brand: PS- CfOJC?HUr- Model: Swipe Pattern tl(\ Serial Number: Other Identifiers: Phone number: _Other Property: 1 2 3 4 5 6 ' 7 8 9 ------ - ------- Pass Code: Owner installed Security Application? Security PIN: YES/NO (Circle tJ,e start and co11Ji1111e wiJ/1 a Ji11e lo cacli number as tile paftenr would be /faced. Use arrows to indicate di'rect/011) I grant permission for a complete search of the entire property described above, including an examination ofthe contents of its memory and data storage devices (ie. RAM, memory cards, hard drives, etc.). Depending on the case) the item may require processing for DNA and fingerprints prior to digital analysis. I understand that conducting this search may require the removal of these items by the aforementioned agency(s), so that a search can be conducted in a controtled/laboratory facility. *Recovery and analysis of voice m~saging _ _...,,~=--------'-·______ (Signature) •Recovery of remote server "Cloud" storage (ie. Dropbox, Google Drive, Microsoft Live, Facebook, etc.). --c:::::::::::: '" (Signature) *I grant permission for the CHIP-OFF procedure to be completed._ _ _ __ I understand lllat this will destroy the pl,o,re ht Ille prQcess. ~ ii:,,,--""' (Signature) I fully understand that I do not have to consent to th is search. No promises. threats or intimidation were used by any member of the------"'=--_;__ _ _ _ _ _ _ [Agency] or the New York State Police, 'in order to obtain my consent. I have read and understand this document and I give permiss·o . described property freely and voluntarily. (Witnessed by) Computer and Electronic Device Consent *Strikeout if this docs not apply Date: 0-\ \3 I23 d retain data from the above- Time: (o.'3!5 Fro Rev. Feb.2017 C - '/ New York State Police GENL.-4 (03/05) SUPPORTING DEPOSITION (CPL§ 100.20) PAGE_LoF L THE PEOPLE OF THE STATE OF NEW YORK -vs. DEFENDANT(S) LOCATION OF DEPOSITION: LOCATION OF INCIDENT: STATE OF NEW YORK COUNTY OF _ _ _ _ _ _ _ _ _ _ __ COUNTYOF~j;/~/~J_/-;-_V _ _ _ __ -/ IJW:I\ OF Art v k u ~~ STATE OF NEW YORK - - - - - - -COURT < 11" -r a cf;;"' Vt/..,c/, ,J ~ I md cli I- LI(/ 'I OF W'l "'· /,.. ,,,-~cl u · 6 h. ·clfrfl• al'- NOTICE (Penal Law§ 210.45) In a written instrument, any person who knowingly makes a false statement which sue be true has committed a crime under the la-ws of the state of New York 'punlshable as Affirmed un9er penalty of perj;1_ry this I Y- day of /-.A b , Zi)lJ' -OR" Subscribed and Sworn to before me this (WITNESS) - - - -day of- - - - - - -~-!tie • Tbls fem, ned be sworn to ortly \Nhen specifically requi~ IIY Page 1 - ORIGINAL court Page2-COPY m. & . /11( l✓ ,t') (NAUE OF PERSOl'l lAJ(JNG DEPOSITIOO) Page3-COPY Page 4- COPY t.1.,. /{VJ/1 ~ ,.......C-1"'\..L., ve to E-/0 GENL. 340 (Rev 05/15) INSTRUCTIONS: Complote a nparate form foreaeb ln~estlgatlon DIGITAL PHOTO RECORD Print or type all entrie, FIU LEAD NUMBER CASE NUMBER STATION I F Headquarters INVESTIGATING MEMBER PHOTO DATE INCIDENT DATE 2/14/2023 10/12/2022 DCN2023·0020 l TIME BEGAN I 9:29 AM I COMPLETED 9:37 AM PHOTOGRAPHER'S NAME Captain Mark A. Nielson Captain Mark A. Nielson COMPlAINANT - DEFENDANT - OPERATOR· DECEASED CASE TYPE Personnel Investigation - TCAA COUNTY ADDRESS OR LOCATION Ulster Market St@ North St. V/Saugerties ACTION REQUESTED GENERAL DESCRIPTION OF SCENE I ITEM(S) CAMERA Android I 0 0 IMAGE TYPE OR FILE FORMAT JPEG O TIF O Raw I IMAGE# DESCRIPTION: 1 1 10#_0001 Market St n/b at Beers Ln 2 ID#_0002 Market St/Canoe Hill Rd 3 ID#_0003 Market St/Canoe Hill Rd nib OF 4 ID#_0004 Market St/Canoe Hill Rd n/b • Hillcrest 5 10#_0005 Market St/Canoe Hill Rd south of North St 6 ID#_0006 Intersection Market St & North St 7 ID#_0007 Intersection Market St & North St 8 10#_0008 Accident Site 9 1D#_DDD9 10 ID#_0010 11 ID#_0011 12 ID#_0012 Inter. Market St & North Street 13 ID#_0D13 Canoe Hill s/b, south of North St 14 ID#_0014 canoe Hill s/b & North St 15 ID#_DD15 North St west shldr@ intersection 16 ID#_0D16 North St west shoulder 17 ID#_DD17 North St west shldr V2 point of rest 18 ID#_D018 Oil Spot North St 19 ID#_0019 North St e/b facing Market St/Canoe Hill 20 ID#_DD20 West/north shoulder of North st (grade) 21 ID#_0D21 West/north shoulder of North st (grade) Accident Site Accident Site Accident Site 1 3/30/2023 IMAGE# CAMERA PHOTO ID# 0 D Print MANNER SUBMITTED: (Check one) DATE SUBMITTED TO FIU PAGEi/ CAMERA PHOTO JD# . Bum to CD/DVD 0 CD/DVD O E-Mail D Other DESCRIPTION; Retain New York State Police INSP-8PS _Rev 11/16 Photo 1 of21 Photo Sheet Case# OCN2023-002o New York State Police I SP-8PS Re1,1 11/16 Photo 2 of 21 Photo Sheet Case# DCN2023-0020 State Police !NSl='•llPS (Rev 11116 'P hoto 3 of 21 Photo Sheet Case i OCN.:2023-0020 New INSP-8PS Rev 11/ 6 o Slate Police Photo 4 of 21 Photo Sheet Case # OCN202.J-0020 New York State Police INSP-8F'S Rev 11/1 6 Photo 5 of 21 Photo Sheet Case# DCN2023-0020 New_York state Pollc_e INSP-8PS Rev 11/16 Photo 6 of 21 Photo Sheet Case# DCN2023-0020 New York State_Poilce INSJ?-8PS Rev 11/16 Photo 7 of 21 Photo Sheet Case# DCN2023-0020 INSP-8PS Rev -1/16 New York State Police Photo 8 of 21 Photo Sheet Case# DCN2023-0020 New Yo rk State PoliC;e J NSP-8PS Rev 1111 6 Photo 9 of 21 Photo Sheet case# DCN2023-0020 INSP-BPS Rl:lv 11116 Nl:!W y Ofk St.Me Polic~ Photo 10 0f 21 Photo Sheet DGN2023-0020 INSP·SPS Rev 11116 New York State Police Photo 11 of 21 Photo Sheet Case# OCN2.023-0020 Ne II York State Police INSP-8PS Rev 111 6 Ph oto 12 Of 21 Photo Sheet Case# DCN2023-0020 New York State Police INSP-8PS Rev 11/16 Photo 13 of 21 Photo Sheet Case# DCN2023-0020 New Yori< Slate Pohce INSP"6PS (Rev 11/1 6 Pfloto 14 of 21 Photo Sheet DC·N2023-0020 New York State Police INSP·8PS Bev 11116 Photo 15 of 21 Photo Sheet Case# DCN2023-D020 ~aw___)"_QfKStaie Police INSP-8PS Rav 11 /16 PhoW 16 c,f 21 Photo Sheet Case# Photo 17 of21 Photo Sheet IJCN.2023-0020 New York S~ie Polioo INSP-SPS Rev 11/16 Photo 18 of 21 Photo Sheet Case# DGN2023·0020 New_York State Police INSP-8PS Rev 11116 Photo 19 of 21 Photo Sheet Case# DCN2023-0020 I SP-BPS Rev 11/16 ew York State Police Photo 20 of 21 Photo Sheet Case# DCN2023-0020 INSP-8PS (Rev 11/16 New York State Police Photo 21 of 21 Photo Sheet Case# DCN2023-0020 DCN2023-0020. Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E~4 3Fl I AVL E~5 SP Highland Telephone Logger E-1 J Sauge11ies 'D BWC E-13 Saugerties PD T~lephone Logger E-14 Cantine Field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 St1ickland Target Stateme.nt J.- E-3 7 Lovgren Target Statement E-40 Facebook Video £-Iv Printed: 02/14/2023 1057 Entry/CC#: BL-014822-22 Date: Time: 10/12/2022 Priority: I Call Type; A.S SIST OTHER AGENCY Tour: C 2234 How Received : TELEPHONE TAYLOR, JOSHUA J Callei': Caller Address: Caller Phone Number: Location Name: ,. Location Address: - 28 Deer Run Road, Kingston NY 12401 Canoe Hill Road , Saugerties NY 12477 Cross Street: North Street Description: FOOT PURSUIT- SP UNIT Disposition: CLOSED Post: Page: l SAUGERTIES POLICE DEPARTMENT 4 IDGJI STREET SAUGERTIES, NEW YORK 12477 A Dispatch Date: Call Taker: YWHITE I 0/12/2022 Dispatch Time: 2234 Call Taker Supervisor: CTOME PERSONS INVOLVED TAYLOR,JOSHUA J Name: CA Role: Date of B ir1h: M Sex: Race: Addres1>: Phone Number: Phone Type: Cell --------------PERSONNEL INVOLVED--------- - - - - Name: COMITO, JOSEPH P Rank: Serial#: 0612 PTL Officer Role: ReportingOfficcr - - - - - - - - - - - - - - - - UNITS lNVOLVED - - - - - - - - - - - - - - Unit: 782 Dispatched: 2234 Dispatch to Completion: Agency: SAUGERTIES POLICE AcknQwledged: 2234 27 minutes Officers: COMITO Arrived: 2235 Received to Completion: Completed: 2302 0 minutes NARRATIVES - - - - - - - - - - , - - - - - Printed: 02/14/2023 1057 SAUGERTIES POLICE DEPARTMENT 4 HIGH STREET SAUGERTIES, NEW YORK 12477 Page:2 Cad Narrative I 0/12/2022 23 :34 -- WHITE, VERA (0 I 57) -- Unit 782 assists SP Unit with subject who fled on foot after failure to comply. DCN2023-0020, Digital Report Enclosures - USB Drive B-3 SP Highland Radio Transmissions E-4 3Fll AVL E-5 SP Highland Telephone logger E-J I Saugertfos PD B WC E-r3 Saugerties PD Telephone Logger E-l4 Cantine Field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 Strickland Target Statement E-37 Lovgren Target Statement E~40 Facebook Video J_ - c-13 DCN2023-0020, Digital Report Enclosures - USB Drivt: E-3 SP Highland Radio Transmissions E-4 3Fl 1 AVL E-5 SP Highland Telephone Logger E- l 1 Saugerties PD BWC E-1 3 Saugerties PD Telephone Logger E-1 4 Cantine F1eld Vid eo E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 Strickland Target Statement E-37 Lovgren Target Statement E-40 Facebook Video J. - l, l l,U 10/12/2022 10: 10:49 PM 30 s Yes 10 10/12/2022 10: 11: t5 PM 24 s 'Yes 10 (42.07491 , 73.95111) [623l[N/E Post] - 21 O Partition St, Saugerties, Ulster County, New York, 12477, USA (42.07219, • 73.95144) [623][N/E Post]. 47 S Partition St, Saugerties, U,l stet County, New York, 12477, USA [623][N/E Post] - 48 Hill St, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:11 :39 PM 33 SE Yes 9 (42.07038, . 73.94855) 10112/2022 10:12:10 PM 26 SW Yes .9 (42.06766, 73.94786} (623][N/E Post] - 6 Barclay St, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:23:34 PM 79 w Yes 9 (42.0649, 73.94878) (623)[N/E Post] - 152 Burt St, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:23:43 PM 71 w Yes 9 1,/ (42.06254, 73.9506) (623l[N/E Post] - 3211 US-9W, Saugerties, Ulster County, New York, 12477~ USA 10/12/2022 10:23:52 PM 77 SW Yes 9 ✓(42.06021 , - 73.95247) (623]lN/E Post]- 3176 US-9W, 'Saugerties, Ulster County, New York, 12477, USA 10f12/2022 1·0:.24 :01 PM 83 w Yes 9 .;. (42.05763, 73.95446) (623J(N/E Post] - 3147 US-9W, Saugerties, Ulster County, New York, 12477, l)SA 10/12/2022 10:24:1 0 PM 78 SW Yes 9 ✓(42 .05505 , - 73.95621} [623}1N/E Post] - 3112 US-9W, Saugerties, Ulster County, NewYork, 12477, USA (623J[N/E Post] - 3085 US-9W 'Saugerties. Ulster County, New York, 12477, USA 10/12/202210:24'. 20 PM 69 s Yes 9 {42,05215, 73.95672) 10/12/2022 10:24:32 PM 65 s Yes 9 v-(42.04927 , - 10112/202210:25:15 PM ' 70. N Yes 9 10/12/2022 10:25:25 PM 65 N Yes 9 73.957) [623][N/E Post] - 2315 RT-32, Saugerties, Ulster County, New York, 12477, USA (42.05224 , 73,95669) [623][N/E Post] - 3085 US-9W, Saugerties; Ulster County, NewYork, 12477, USA ✓ (42.05495, - 73.95625) [623llN/E Post] - 3111 US-9W, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:25:35 PM 69 NE Yes 9 ~ (42.05741 , 73.95462) l623][N/E Post] - 3143 US-9VV, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:25:45 PM 69 NE Yes 9 v-(42 .05986, 73.95279) [623)[N/E Post] - 3169 US-9W, Saugerties. Ulster County, New York, 12477, USA 10/12/202210:25:55 PM 62 NE Yes 9 v(42.06224, 73.95086) [623][N/E Post) - 3205 US-9W, Saugerties, Ulster · County, New Yo~. 12477, USA 10/12/2022 10:26:06 PM 65 NE Yes 9 v(42.06479, 73.94885) [623][N/ E Post] - 156 Burt St, Saugerties, Ulster County, New York , 12477, USA 10/12/202210:26:l9 PM 23 N Yes 9 ✓(42 . 067,23. [623]IN/E Post]- 102 Burt St, Saugerti.es, Ulster County, New York, 12477, USA 73.94707) ••• trade. • - Printed On 2/15/2023 12:24 :14 PM Copyright 2018 Track Star International, Inc. Page 45 of 60 - 10/1212022 10:26:43 PM 52 NE Yes 9 ✓(42.06987, - 73.94793) [623][N/E Post] • Hill St, Saugerties, Ulster County, New York, 12477, USA 1011'212022 10:26:5a PM 46 NW Yes 9 ,)'{42.07161, 73.95093) (623][N/E Post}- 24 HIii St, Saugerties, Ulster County, New York, 12477, USA 10/12/2022 10:27:17 PM 50 N Yes 9 J'(42.0745, - 73.9509) [623](Nli: Post] - 218 Partition St. Saugerties, Ulster County, New York, 12477, USA (42.0766?, 73.94847) New Y011<, 124 77, USA 10/12/2022 10:27:45 PM 10/1212022 10:28:24 PM 38 23 E w Yes Yes 9 9 V (42.07934, - 73,94907) 10/12/2022 10:28:54 PM 37 NW Yes 9 ✓ (42.08143, 73.95154) 10/12/2022 10:29:09 PM 43 N Yes 9 ✓(42.08422, - [623}[N/E Post] - 59 Post St. Saugerties, Ulster County, [623][N/E Post]- 119 Main St, Saugerties, Ulster County, New York, 12477, USA [623][N/E Posl]. 194 Was,hington Ave, Saugerties, Ulster County, New York. 12477, USA 73.95213) [623l[N/E Post] - 261 Washington Ave, Saugerties, Ulster County, New York, 12477, USA (623J(Cantfne Field][N/E Post] - Bob Moser Dr:, Saugerties, Ulster County, New Yoo<. 12477, USA 10/12/2022 10: 29:33 PM 34 w Yes 9 (42.08507, 73.955-73) 10/12/2022 10:29:50 PM 35 N Yes 9 l/{42.08778, 73.95613) 10!13/2022 12:11:0-6 AM 30 " s,w Yes 8 (42.08589, 73,958.85) [623][N/E Post]- 69 North St, Saugerties, Ulster County, New York. 12477, USA 10/13/2022 12:11:29AM 29 s Yes 8 (42.08327, 73.95978) [623][N/E Post] - 29 North St, Saugerties, Ulster County, New Yori<, 12477, USA 10/13/2()22 12:12:21 .A M 32 w Yes 9 (42.08146, 73.96251) f623][N/E Post]-1S9 R,T~212, Saugerties. Ulster County, New York, 12477, USA 10/13/2022 12:12:49 AM 16 w Yes 9 (42.08247, 73.96589} f623)[N/E Post] - 264 RT-212, Saugerties, Ulster County, New York, 12477, USA 10/13(202:2 12:1..3:14AM 18 w Yes 9 (42.08358, • (623][N/E Post]-338 Route 212, S~ugerties, Ulster Cout'lfy, New York., 12477. USA 73,96922) 10/13/2022 12: 13:33 AM 41 w Yes 9 (42.08372, - 73.97287) 10/13/2022 12:14-:t31 AM 10/13/2022 12: 14:35 AM 10/13/202212:14:46 AM •• ••• tiack 39 57 68 N s & Yes Yes Y-es 9 9 9 [623)[N/E Post] - 326 Canoe HIii Rd , Saugerties, Ulster County, New York, 12477, USA [623][N/E Post] - 374 RT-212, Saugerties, Ulster County, New York., 12477, USA 73.97$71) [623][N/E: Post] - 2730 R~_l:Jte 32,, Saugert1es, Ulster County, New York, 1247t, USA (42 .08328 , 73.9734) York, 124n, USA (42.08045, 73.9739) {623J[N/E Post]• Mile 101 1-87 S, Saugerties. Ulster County, New York, 12477, USA (42.08546, .. [623]fN/E Post] - 1-87 S, Saugerties, Ulster County, New Printed On 2/15/2023 12:24:14 PM Copyright 2018 Track Star International , Inc. Page 46 of 60 C New York State Pollce GENL•4 (04108) SUPPORTING DEPOSITION (CPL§ 100.20) THE PEOPLE Of /"fl Page 1 of 1 THE STATE OF NEW YORK vs DEFENOANT(S) LOCA TfON OF INCIDENT: COUNTY OF - - -- On I DATE· 2/16/23 COUNTY OF _ _ __ _ __ --------'U'--'ls - c._te ; .:....r_ _ _ _ _ ____ OF Town Sauoerties I at .._.a_:2_6____ TIME STARTED: gj ,A.M □ _P_ M~ I, l 91iJfPOSITION! STATE OF NEW YORK COURT LOCAL CRIMINAL STATE OF NEW YORK, TOW{l LOCATION U_ls_t_er_ _ _ __ _--1 Sau erties OF J;ULL NAME Fred Costello, DOB - STATE THE FOLLOWING: I am the Town StJpervisor for the Town of Saugerties and my family owns Sue's Restaurant located at 5 Arthur Lane in the Barclay Heights area of Saugerties , NY. On October 12. 2022 at approximately 10:26 p.m. I was inside Sue's restaurant when I first observed a New York State Police vehicle pursuing a motorcycle southbound on Route 9W past the restaurant at a high rate of speed and then back northbound past the restaurant a second time at high rate of speed heading towards !he Village of Saugerties, The post.ed speed limlt on that portion of Route 9W is forty miles per hour. The Troop car was following fairly close behind the motorcycle with its overhead, emergency lights activated and I believe its siren sounding both times it passed . It was- clearly a pursuit. I estimate the distance between them to have been no more than two to three car !engths. I only observed the Troop car and motorcycle travel fn their lane and didn't observe the either vehlcle encounter any other cars obstructlng thir ability to stay in their lane. Due to the rate of speed I called the the Saugerties Police Department regarding the pursuit to make them aware and ensure they were assisting where they could . The New York State Police vehicle was a sedan . l was unabte to see the trooper_ The motorcycle appeared to be a cafe style bike with farings and it was traveling at a high rate of speed. It was dark. so I don't ha'v'e a clear recollection of the color or any details about. its driver. In the next day or two l asked one of ,he Saugerties Police Officers if they every caught the motorcycle and l was informed the motorcycle had crashed on Route 32 . NOTICE (Penal Law Sec. 210.45) In a written Instrument, any person who knowingly makes a1alse statement Which such person oes not believe to be trutt has committed a crime under the laws of the- state of New York punishable as a C 'A Mi-!! anor ~ Affirmed under penalty of perjury this ·JG day of FEBRUARY ~ . 20 23 ed Costello, DOB or- •subsc.ribed and Sworn to l)efore me this _ _ _ day of ~ - - - - . 20 (IM'TNESSJ m.IJ. I'/, \NAME OFf'f;RSO E.r'OSITION) T!Mc ENDED 18l'AM '8 :32 QPM f'. Registration Inqui ry - NY#- SUBJECT Subject: Registrationlnq Subject Registrationlnq - ORI ORL NY0132700 User ID; ORI: NY0132700 User ID'. Subject: Registrationlnq OR1 : NY0558000 User ID: Subject: Registrationlnq ORI: NY0558000 ORI : NY0550002 ORI : NY0550D02 ORI: NY0550002 ORI : NY0550002 ORI : NY0559500 ORI '. NY0550002 ORI : NY-0558000 ORI : NY1130200 Subject; Registrationlnq Subject SubJect: SubJect: Subject Registration lnq Registration lnq Registrationlnq Registratlonlnq Subject: Registrationlnq Subject: Registratlonlnq Subject: Registrationlnq Subject: Registrationlnq Subject: Registrationlnq User ID: User ID: User ID: User ID: User ID: User ID: User ID: User ID: User ID: ORI : NY-1130200 User ID: ORI ; NY-1130401 User ID: CLIENT_TYPE Client Type Code: PORTAL Client T ype Code: PORTAL Client Type Code: PORTAL Cl ient Type Code: PORTAL Client Type Code: METRO Client Type Code: METRO Client Type Code. METRO Client Type Code: METRO Client Type Code: PORTAL Client Type Code: METRO C~ient Type Code: PORTAL GUent Type Code: PORT AL Client Type Code: PORTAL Client Type Code: PORT AL TfME_STAMP Time Stamp: 06-May-2021 12:24:44 Time Stamp: 06- May~2021 12:25:37 Time Stamp: 15-May-2021 01 :52:30 Time Stamp: 22-May-2021 1S.:27:32 Time Stamp: 11-Se.p-2'021 22:59:40 n me Stamp: 11-Sep-2021 23:29:04 Time Stamp. 12-0ct-2022 22:26:51 Time Stamp: 12-0ct-2022 22 :53:10 Time Stamp: 13-0ct-2022 00:05:39 Time Stamp: 13-0ct-2022 00:14: 50 Ttme Stamp: 13-0ct-2022 07:24:01 Time Stamp: 13-0ct-2022 07:56:39 3 . . Time Stamp: 13-0ct-2022 07:58:29 Time Stamp: 13-0ct-2022 11 :53:50 _ t.. r;,.,;:, rl 1 1-.J tv v ' DCN2023-0020, Digital ~eport Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 3Ftl AVL E-5 SP Highland Telephone Logger E- I l Saugerties PD BWC E- I3 Saugerties PD Telephone Logger E· I 4 Cantine Field Video E,-18 A VL Plot Map Vi<lel) E-34 Taylor ·witness Statement E~35 Strickland Target Statement J.- E-37 Lovgren Target Statement E-40 Facebook Video ~ a., ::::t rt) ...., CD C: (1) I ::l "'C 'Tl ""I ::: -!t I "'C n Q) 0 V) "O "0 I"+ C: ,"t VI 0. 0 ;..· :, to ""I ro ::i I -0 BWC 10:23:41 PM, 2022•10 -'2224, Pre event recording beglM 9\\1 s/b I, C V: C ;::.· •• AVL 10:23:35 PM, 78 MPH 9w s/b - AVL 10:13:11 Pf\4, () MPH AVL 10:23:29 PM, SS MPl-l 9w s/b C: ...., ""I (1) C) rt, t AVL 10:23:53 PM, 77 MPH 9w s/b t: AVL 10:24:11 PM. 78 MPH 9w s/b AVL 10;24:02 FM, 82 MPH 9W S/b ~ n Pc1s,;~ Wilness S/B 3101 SR 9w I • BWC 10:24:11 PM, 2022-10-12 Z224, Recording started, signal Vehicle activation • PUR5UlT llt GINS AVL 10:24:21 PM, 61! MPH 9w s/b BWC 10:24:30, 2022 ·10-12 2224, Recording stopp~ due to button press Video Quir.l<Check Passes Witnes:. N/8 3101 SR 9w AVL 10:25:36 PM, 68 MPH 9w n/b AVL 10:25:56 PM , 62 MPH 9w n/b AVl 10:26:07 PM, 65 MPH 9w n/b AVL 10:26:44 PM , 51 MPH Hill St AVl 10:Z7:18 PM, 50 MPH Panition St •-•-• •--• AVL 10:24:33 PM, 6S MFH, Last rn uthbound plot 32 AVL 10:25:16 PM, 70 MPH 9w n/b AVL J 0:25:26 PM, 65 MPH 9w n/b AVL 10:25:46 PM, 6B MPH 9w n/b Wrtness, 3i01 Rt 9W, call to 5PD 10:26 PM, AVL 10:26:10 PM, 22 MPtl 9w n,/b @ Barclay St ::! 3 11) s· rt, C n zN 0 AVL 10126:57 PM, 45 MPH Hill St "-' VJ I 0 0 N 0 AVL 10:27:46 PM , 37 MPH Post St I ' GENL-7 (Rev 10/21) ·Page1of2 NEW YORK STATE POLICE MEMORANDUM Troop: Date: F Kingston 02/26/2023 To: Major Paul.M. DeQuarto, Troop Commander, Troop F From ·. Trooper M"1cha· el D. Tegeler subject: COMPLAINT AGAINST PERSONNEL, DCN2023•0020 t Station: ;·~bate: Dlgltolly ., •••• by Troop•. r Micha,! D.•••• ,., 2023.03.0115:30:07 -05'00' On Wednesday October 12, 2022, I was working a scheduled 2 shift out of SP Kingston. I was assigned to the 624 Post and marked Patrol Vehicle 3F20. At 10:32pm I heard a radio transmission from SP-Highland requesting SP Kingston units to assist 3F11 at Canoe Hill Street in the Town of Saugerties. I knew that Trooper Elias Strickland was assigned to 3F11 that night. I then heard a radio transmission from Tpr. Ryan Benincasa answering SP Highland and instructing them that he would be enroute in 3F13 to assist 3F11. At that time I attempted to use the in car computer to locate 3F11 on the mapping system with negative results. As I attempted to locate 3F11 and gather details on the request for assistance I started to respond to the Saugerties area. At 10:35pm I called SP-Highland via my cell phone and spoke to Trooper Joseph Alma. I asked Trooper Alma for the location of 3F11 and the reason for the request for police units to assist. Trooper Alma advised me that 3F11 had a dirt bike boogie on him, and that.the operator bailed at Canoe Hill Road and North Street in the Town of Saugerties. I advised Trooper Alma that I was enroute to that location to assist. I understood from my conversation with Trooper Alma that while operating 3F11 Trooper Strickland was involved in an incident where an operator of a motorcycle had failed to comply and that once his motorcycle came to a stop that the same operator ran from the area on foot. At 10:47pm I used the Troop Radio to call out in the area through SP Highland. At 10:50pm while in the area I called Tpr. Strickland via my cell phone and asked his location and for him to verbally guide me into that location. Trooper Strickland and I did not discuss details of the incident and he was able to guide me to his location. At 10:51 pm I arrived at the location -of an accident involving 3F11 and a motorcycle. The accident location was the intersection of Canoe Hill Road and North Street in the Town of Saugerties. While on scene I observed Trooper Elias Strickland, Trooper Matthew Hogan, Sergeant Eric Lovgren, and Captain Mario Restivo. While on scene I did not observe any visible damage to 3F11 and/or the motorcycle. 3F11 was parked in the roadway of the intersection of Canoe Hill Road and North Street and the motorcycle was laying on its right side about two feet off the roadway in a drainage ditch. Trooper Strickland advised me that the male operator was a white.male wearing. all black clothing and that he ran north through the near by woods and yards. Trooper Strickland also advised me that the operator ditched his helmet in a near by yard and that he last saw the operator in that same yard. Once the direction of travel was determined Sergeant Lovgren instructed me to patrol north on Market Street and attempt to locate the operator. While attempting to locate the operator I checked an open shed at 387 Market Street in the Town of Saugerties. GENL-7 (Rev 10121) Page 2 of 2 NEW YORK STATE POLICE MEMORANDUM Troop: F Date: Station: Kingston 02/26/2023 I did not locate the operator at this location. While at the same location I interviewed the property owner. The property owner was unable to provided any information that could help us locate the operator. During the attempt to locate the operator I meet up with Trooper Benincasa, who was in 3F13. My recent review of my BWC video from this incident showed me that while parked next to 3F13 I heard Trooper Benincasa be instructed by Sergeant Lo.vgren to contact Bills Auto and request that they tow both involved vehicles from the scene. My review of my BWC video also showed me that I heard Trooper Benincasa giv11 Bill's Auto a brief description of the involved incident. I believe that Trooper Benincase described the incident ttiat night as, "Motorcycle ran, motorcycle locked up its brakes and tried to make turn, and .trooper hit him." To the best of my knowledge I have not had any conversations with any other troopers or supervisors regarding the facts and circumstances surrounding this incident. I have not learned any other information and/or facts about this incident other than it involved a failure to comply which ended in a motor vehicle accident involved 3F11 and a motorcycle, and that the operator of the motorcycle fled the scene on foot. GENL. :14D (Rev. 05/15) INSTRUCTIONS: DIGITAL PHOTO RECORD Print or type all entries CASE NUMBER STATION I F Headquarters INVESTIGATING MEMBER Complete a separate lonn for each investigation FIU LEAD NUMBER DCN2023-0020 INCIDENT DATE 10/12/2022 I PHOTO DATE I 2/20/2023 I PHOTOGRAPHER'S NAME COMPLETED 8:44AM COMPLAINANT-DEFENDANT-OPERATOR- DECEASED - Personnel Investigation -TCAA COUNTY ADDRESS OR LOCATION Ulster 115 Main St V/Saugerties ACTION REQUESTED GENERAL DESCRIPTION OF SCENE I ITEM{S) Android I 8:38AM Captain Mark A. Nielson Captain Mark A. Nielson CASE TYPE CAMERA TIME BEGAN ! 0 D □ Burn to c9/DVD IMAGE TYPE OR FILE FORMAT JPEG I O TIF O Raw DATE SUBMITTED TO FIU PAGE# 1 IMAGE# CAMERA PHOTO ID# DESCRIPTION: 1 10#_0001 Driveway 115 Main St (north) 2 10#_0002 Driveway 115 Main St OF 1 3 10#_0003 Driveway 115 Main St 4 ID#_0004 Field @ 115 Main St 5 ID#;_0005 Field @ 115 Main St 6 ID#_0006 Field @ 115 Main St facing north to Lafayette 7 ID#_0007 Manhole riser/cover B ID#_OOOB Manhole riser/cover- south edge damage 9 ID#_0009 Man oho le riser damage 10 10#_0010 Field facing Lafayette St (North) 11 10#_0011 Field facing Lafayette St 12 10#_0012 Field facing Lafayette St 13 10#_0013 Field facing Lafayette St 14 10#_0014 Lafayette St curbing brodering field 15 ID#_0015 Manhole riser/cover facing south 16 ID#_0016 Manhole riser/cover 17 10#_0017 Manhole riser/cover 18 10#_0018 Manhole riser/cover damage 19 10#_0019 Manhole riser/cover near grade 3(30/2023 IMAGE# 0 Print MANNER SUBMITTED: (Check one) 0 CD/DVD CAMERA PHOTO ID# 0 E-Mail D Other DESCRIPTION: ' ' Retain New York Sl :ate Police 1NSP-8PS Rev 11116 Photo 1 of 11 Photo Sheet Case# DCN2023·0020 New York State Police tNSP-8PS Rev 11/1 6 Photo 2 of 11 Photo Sheet Case# OCN2023-0020 New Yock Stc1te Police INSP-8PS (Rev 11/16 Photo 3 of 11 Photo Sheet Case# DCN2023-0020 New York State Police INSP-8PS (.f~e\l 11/16J Prioto 4 t>f 11 Photo Sheet Case# l OCN202~0020 INSP-BPS /Rev 11/16) New York St.ate Police Photo 5 of 11 Photo Sheet Case# DCN2023-0020 - N w York State Police INSP-8PS Re_v 11 /16 Photo 6 of 11 Photo Sheet Case# DCN2023-0020 INSP-8PS (Rev 11/161 New York State Police Photo 7 of 11 Photo Sheet Case# DCN2023-0020 New York State Police INSP-8PS (Rev 11/16) Photo 8 of 11 Photo Sheet Case# DCN2023-0020 New York State Police INSP-8PS Rev 11116 Photo 9 of 11 Photo Sheet Case# OCN2023-0020 New York Stale Police INSP-BPS (Rev 11/ 16) Photo 10 of 11 Photo Sheet Case# DCN2023-0020 ew York State Police INSP-BPS Rev 11/16 Photo 11 of 1'1 Photo Sheet Case# DCN2023-0020 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: F Station: SP Kingston Date: · To: 02/25/2023 Major Paul M. DeQuarto, Troop Commander, Troop F From •. Trooper Matthew Hogan ;· subject: COMPLAINT AGAINST PERSONNEL, DCN2023-0020 Dlgltally,lgnedbyTrooporMatthowHogan (. ~Date: 2023.03.D7 00:38:07 ..05'00' · On Wednesday, October 12, 2022 I was working a scheduled 2-Tour at.SP Kingston and operating marked Division Vehicle 3F12. At about 10:32 PM, I noted radio traffic initiated by Trooper Elias Strickland; it sounded like Trooper Strickland was requesting assistance, however I was unable to hear the nature of the request or his location. Moments later, Trooper Nefthaly Leon Saravia, who was assigned to SP Highland desk, began polling for SP Kingston patrols to assist Trooper Strickland. I was still unable to copy the location provided by Trooper Leon Saravia over the radio, so I sent him a message via mobile data te_rminal. Trooper Leon Saravia advised that Trooper Strickland's location was near the intersection of Market St and North St in the Town of Saugerties. I responded to the aforementioned location and did not have any radio or telephone contact with Trooper Strickland. I arrived at the scene at about 10:50 PM and observed Division Vehicle 3F11 in the south bound lane of North St at the intersection with Market St with its emergency lights activated. As I approached 3F11, Trooper Strickland exited it and I observed what appeared to be a piece of its front bumper dislodged from below the push bumper and was lying on the ground beneath the undercarriage. Additionally, I observed an unknown motorcycle and helmet in the bushes next to a tree approximately five to six feet to the west of the roadway. At this time Trooper Strickland advised he was attempting to conduct a traffic stop on Market St as the motorcy.cle was traveling north. Trooper Strickland stated the motorcycle failed to comply and made an abrupt left turn onto North St. Trooper Strickland stated he was unable to stop in time and struck the motorcycle in the rear; the operator then fled on foot. I do not recall observing any obvious damagl! to the motorcycle, however the damage I observed to 3F11 appeared to be consistent with a rear-end collision. Shortly after my conversation with Trooper Strickland, Sergeant Eric Lovgren arrived at the scene and requested that I assist with setting up a perimeter in order to conduct a K-9 track. I patrolled to, the intersection of Sparling Rd and Peoples Rd, to the west of Market St/ Mike Krout Rd, where I remained until the K-9 track was completed. I then returned to SP Kingston where Trooper Strickland was attempting to identify the operator of the motorcycle as well as its owner. I do not recall any additional conversation relevant to the investigation. NIEL.SOt._i 1 MARK (TROOPERS) ro: Wally Fulford . _> Wednesday, February ·22, 2023 3:50 PM NIELSON, MARK (iROOPERS) Subject: Fwd: NCIC Inquires From: Sent: - ),,T'ft;IVHON This emn,f C.(Jrrf(>j1t• it1 ,JI M'.Xtr>mol ~GUfle. ·De• hnt:r-pf.r1 dtmi;:/lm·ent5 t!_r-chck ·o11'1'1nks-fro'rr, ul1k11nv,1n 'sen.delj; iir . 1(1iex.pr~·t;:d.i'mml,.__ Sentfrom rtiy iPhone Begin forwarded message: From: Kathleen Grable - -> Diit•e: February 22, 2023 at 3 :00:2 2 PM EST TQ: Wally Fulford · > Subject: NCI( Inquires Here you go ..... there are a couple that are off by a few milliseconds but the closet in the sequel query; Kathleen Grable Public Safety Sy!i·tem~ A;rafyst ·r: ,· t Ulster County Information Services 25 S. Manor A.ve Kingston, NY 12401 Phone: Email: If you need assistance with a Public Safety issue, please go to the county's support portal to create a ticket: https://support.ulstercountyny.gov/cherwellportal/publicsafety Support for all other applications: https://support.ulstercountyny.gov/cherwellportal/ This message and any attachments, which may contain Information that is confidential, is intended only for the use of the Individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this e-mail transmittal is strictly prohibited. If you have received this message in error, please notify us immediately by.email, discard any paper copies and delete all electronic files of the message. If you are not sure as to whether you are the intended recipient, please respond to the above e-mail address. 2 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: Date: To: F station: SP KINGSTON 03/02/2023 Major Paul M. DeQuarto, Troop Commander, Troop F Subject: COMPLAINT AGAINST PERSONNEL, DCN2023-0020 On 10/12/22 I was working a 9A shift assigned to SP Ellenville operating Division vehicle 3F30. A pursuit was initiated via radio communication to SP Highland dispatch by 3F11. Briefly after I contacted Sergeant NIGEL BARNETT who advised he was heading to Market Street and North Street where the pursuit had concluded in the Town of Saugerties. At approximately 10:40 p.m. I responded to Market Street & North Street in the Town of Saugerti~s. Upon my arrival at approximately 11 :25 p.m. I met with Sergeant BARNETT and Sergeant ERIC LOVGREN who advised 3F11 was pursuing a motorcycle who failed to negotiate a left turn onto North St, the operator lost control of the motorcycle and fled the scene or, foot. I observed a motorcycle on its side off the shoulder of Nort~ St near a tree, it did not appear to have any significant damage other than scratches. ·1 also observed ~F11 which was parked on the side of the road to the. front of the downed motorcycle, and it appeared to have no significant physical damage. From what I briefly observed it didn't appear apparentthat a collision occurred. I also checked on TROOPER ELIAS STRICKLAND, operator of 3F11, to determine his status and he advised he was ok. I remained on scene until the tow arrived for the motorcycle •. Sergeant LOVGREN was to complete the investigation and. requested no further, I left-the scene. I never had a conversation with Trooper STRICKLAND prior to or after the pursuit, never learned the logistics or routes traveled during the pursuit. NIELSON, MARK (TROOPERS) From: Sent: To: Subject: Attachments: LEON SARAVIA, NEFTHALY (TROOPERS) Wednesday, October 12, 2022 11 :18 PM STRICKLAND, ELIAS (TROOPERS) dmv photo DMV Photo.pdf 1 NIELSON, MARK (TROOPERS) From: Sent: To: Subject: Attachments: STRICKLAND, ELIAS (TROOPERS) Thursday, October 13, 2022 2:50 AM LOVGREN, ERIC (TROOPERS) PDM Pursuit Memo Signed Division Vehicle Pursuit PDM.pdf I saved an unsigned version for future attempts. 1 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: F Station: Kingston Cate: 10/13/2022 To: Major Paul M. DeQuarto, Troop Commander, Troop F From: Trooper El'1as Str1'ckland subject: DIVISION VEHICLE PDAA - VEHICLE PURSUIT ., Dlgllally s[gned by Trooper Elias Slrie~land· / ' Date: 2822.10.13 02:45:57 -(>4'00' On October 12th, 2022, I was working assigned 2 shift in marked patrol vehicle 3F11, out of SP Kingston. I was patrolling the Village of Saugerties when I observed a Suzuki motorcycle bearing N Y ~ operating at a high rate of speed. I attempted a traffic stop of same to which vehicle failed to comply. Pursuit initiated through SP Highland. While attempting to terminate pursuit - vehicle slowed suddenly in an attempt to evade down North Street and contact between Jf 11 and the motorcycle occurred. The motorcycle came to rest on the north shoulder of North Street. The operator fled north into densely wooded area. Ulster Town Police K9 ·sergeant GARVILA responded and initiated a K9 track with negative results. Sergeant LOVGREN, Sergeant BARNETT and Sergeant BUKOVINSKI responded to the scene. was uninjured as a result of the collision. 3F11 and the s1:1spect vehicle were towed by BILLS TOWING. NIELSON, MARK (TROOPERS) From: Sent: To: Attachments: STRICKLAND, ELIAS (TROOPERS) Sunday, October 23, 2022 8:11 AM LOVGREN, ERIC (TROOPERS) Signed Division Vehicle Pursuit PDAA.pdf 1 f" . , " · ... I GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 or 1 MEMORANDUM Troop: Date: F Station: Kingston 10/13/2022 To: Major Paul M. DeQuarto, Troop Commander, Troop F From •. Trooper e1_·1as Str"1ckland Subject: DIVISION VEHICLE PDAA • VEHICLE PURSUIT \ Dlgltallyalgned byTrooporEllas S1rlckland / ' Date: 2022.10.23 08:08:39 -114'00' On October 1'~th, 2022, I was my working,assigned 2 shift in marked patrol vehicle 3F11, out of SP Kingston. I w_~lling the Village of Saugerties when I observed a Suzuki motorcycle bearing N Y , _ operating at a high rate of speed on State Route 9W. I attempted to conduct a traffic stop, but the motorcycle vehicle failed to ·c omply accelerating down Market Street. A pursuit was initiated through SP Highland. While attempting to terminate the, pursuit, the motorcycle slowed suddenly in an attempt to evade me by making a left turn onto North Street. The motorcycle was struck by 3F11 and came to rest on the north shoulder of North Street. The operator fled north into a densely wooded area. Ulster Town Police K9 Sergeant JOSPEH GARVILA responded and initiated a K9 track with negative results. Captain MARIO RESTIVO, Sergeant ERIC LOVGREN, Sergeant NIGEL BARNETT and Sergeant ANDREW BUKOVINSKI responded to the scene. I was uninjured ~s a result of the collision. 3F11 and the motorcycle were towed by BILLS TOWING. · NIELSON, MARK (TROOPERS) From: Sent: Ta: Subject: LOVGREN, ERIC (TROOPERS) Sunday, October 23, 2022 9:55 PM STRICKLAND, ELIAS (TROOPERS) RE: pursuit memo Also need the general 91, I saw you filling that out the night of the pursuit, but never received it. Eric From: STRICKLAND, ELIAS (TROOPERS) Sent: Sunday, October 23, 2022 8:11 AM To: LOVGREN, ERIC (TROOPERS) Subject: 1 New York State Police GENL-91 (Rev 08/21) . Pursuit Report Name (Las!, Flrst, Ml) AMS# AMSP160G01 PZF SJS# 11095144 Kingston Date of Incident: Rank Strickland, Elias, E 10/12/2022 TZS Shleld Trooper 09/09/2019 F311 4303 Age (Estimate if not Identified) Name (Last, First, Ml) Sex -25 Unknown Impairment: unknown TimeStarted: 10:32 pm I I Time Ended: M Operator's License Suspended or Revoked? 10:32 pm unknown Pursult·LedByOlherAgency? Reason for Pursuit VTL Weather Condition Clear Light Condition Darkness Road Condition Dry Type of Area Rural county Commenced: Ulster County Ended: Emergency Lights Used: Yes Emergency Sirens Used: Tire Deflator Used: No ; D Yes IF YES, depl oyed by NYSP? ~= ., •c·'· uIsler Yes □ Yes □ No, other OYes O No __ No IF YES, conducted by NYSP? D Yes D No, other Veh!cle Contact Made: Yes IF YES. conducted by NYSP? [Z] Yes □ No, other End of Pursuit: Ii, _.,, No -,·:' ' :·.;:-;; ·: Moving/Stationary Roadblock: NYSP Arrest Made: [{] No .;_?::•. --~-i)-= No If Yes: . - - - - - - - - - - - - ---- UTT Issued: Station: .. Arrest Type: Crash Duri ng Non-NVSP Led Pursuit: Crash Duri ng NYSP Led Pursuit: ,f,,. Number Killed Number Injured Olvlslon Vehicle 0 0 Dlvlsion Vehlcle Pursued Vehicle 0 0 Pursued Vehicle Th i rd Psrty 0 0 Third Party Member Signature: Number Killed signe d by Troope r Elias Strickland T rooper Elias Strickland\ Diyilally Date: 2022.10.13 02:14:32 -04'00" Pursuit Supervi sor Signature: Reporting Member: Ensme form Js fillect out in its entirety. Incident Supervisor: Review the form in its entirety and forward to Troop Traffic. Troop Traffic: Forward completed form via email to: Number Injured NIELSON, MARK (TROOPERS) From: Sent: To: Subject: Attachments: STRICKLAND, ELIAS (TROOPERS) Wednesday, January 18, 2023 1:47 PM LOVGREN, ERIC (TROOPERS) Pursuit PDAA Memo Revised Signed Division Vehicle Pursuit PDAA.pdf 1 ., GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: F Station: Kingston · Date: 10/13/2022 To: Major Paul M. DeQuarto, Troop Commander, Troop F From: Trooper Elias Strickland Subject: DIVISION J Dlcitally signed by Trooper Ellll$ Strickland ,/'·' Data: 20%3.01.1813:45:17 -GS'OO' VEHICLE PDAA • VEHICLE PURSUIT On October 12th, 2022, I was my working assigned 2 shift in marked patrol vehicle 3F11, out of ~P Kingston. I was patrolling the Village of Saugerties when I observed a,Suzuki motorcycle bearing N Y ~ operating at a high rate of speed on State Route 9W. I attempted to conduct a traffic stop, but the motorcycle vehicle failed to comply accelerating down Market Street. A pursuit was initiated through SP Highland . .The motorcycle slowed suddenly .in an attempt to evade me by making a left turn onto North Street. The motorcycle was ·struck by 3F11- and came to rest on the north shoulder of North Street. The operator fled, north into a ·densely wooded area. Ulster·Town Police K9 Sergeant JOSEPH GARVILA responded and Initiated a K9 track with negative results. Captain MARIO RESTIVO, Sergeant ERIC LOVGREN, Sergeant NIGEL BARNETT and Sergeant ANDREW BUKOVINSKY responded to the scene. I was uninjured as a result of the collision. 3F11 and the motorcycle were towed by BILLS TOWING. GENL-7 (Rev 10121) NEW YORK STATE POLICE Page 1 of 1 MEMORANDUM Troop: F station:, SP Highland Date: 03/01/2023 To: · From: Major PaurM. DeQuarto, Troop Coi:nmander, Troop F Trooper Joseph M. Alma {1 }, Digitally signed by Trooper Joseph M. Alma ·-·oate: 2023.03.0B 14:07:45 -05'00' Subject: COMPLAINT AGAINST PERSONNEL, DCN2023-0020 On October 12, 2022, I was working a 2 Shift out of SP Highland assigned to the 628E post. I had stopped back to the station at approximately 10:30pm. While in the communications area of SP Highland, I observed the desk member, Tpr. NEFTHALY LEON SARAVIA, communicating via radio with Tpr. ELIAS STRICKLAND regarding what sounded like a pursuit involving-a motorcycle in the Town of Saugerties. Tpr. LEON SARAVIA was attempting to raise SP Kingston patrols via radio to assist Tpr. STRICKLAND. At approximately 10:35pm, I took it upon myself to contact Saugerties PD to see if they had any units available in the area to assist. They advised that they had already been contacted by Sgt/SC JOSHUA TAYLOR. After completing my phone call with Saugerties PD, I answered the phone at SP Highland due to Tpr. LEON SARAVIA being unavailable to do so. I spoke with Tpr. MICHAEL TEGELER who requested the location of Tpr. STRICKLAND due to the AVL being down in his Troop car. I provided the location .and concluded the conversation. I had no direct contact with Tpr. STRICKLAND regarding this incident and have no knowledge of this incident with the exception of what was transmitted over the radio. E-Z7 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 2 MEMORANDUM Troop: Date: F Station: SP Highland 03/01/2023 To: Major Paul M. DeQuarto, Troop Coo,mander, Troop F From ·. S.ergeant/ SC N"1gel Barnett s_ubject: ,COMPLAINT AGAINST ,PERSONNEL, DCN2023-0020 J .Digitally-signed by- Sergeant/ SC Nlgel Barnett ,/'>Date: 2023.03.10 20:28:56 ;.()5'00' On October 12, 20221 Sergeant Nigei Barnett was·worklng a 3C tour out of SP Highland. At approximately 10:33 PM I was informed by desk member Trooper Nefth~ly ~eon Saravia that Trooper Elias Strickland was involv~d in a pLJrsult with a Motorcycle. I was in the supervisors office of ~P Highland. As I walked to the front desk of SP Highland I was informed that Trooper E. Strickland was Involved in· a motor vehicle accident. Trooper N. Leon - Saravia informed me that the incident occurred in the area of Market St and North St. In the Town of Saugerties and I left the station enroute to th~ location. I do not recall having .a conversation with Trooper E. Strickland while en route to the .location. I arrived on $Cene at approximately 11 :11 PM and Qbserved Trooper E. Strickland oil scene with Sergeant Eric ·Lovgren. I observed Division vehicle 3F11 was parked along the nc,rth shoulder of North St. when I arrived with push pumper damage. I a.lso observed a ~uzuki Motard motorcycle in the brush off the· side of the roadway with no significant damage. I was informed that the area was, being bolo'd for the operator· of the motorcycle. The damage to both 3F11 and the motorcycle appeared to be ·consistent with a rear end: collision. While on scene Captain Marlo Restivo, Sergeant Alidr~w Bukovinsky, Trooper Ryan Benincasa and a member ofTown of Ulster police department arrived oli scene. Captain Marlo Restivo arrived on scene while the investigation was ongoing but I de> not recall at what time· Captain Marlo Restivo arrived on scene. · NEW YORK STATE POLICE 'GENL-7 (Rev 10/21), · Page 2 of 2 MEMORANDUM Troop: F Station: SP Highland Date: 03/01/2023 Trooper E. Strickl~nd stated that he observed the ·motorcycle drive past him in 'Violation of a section of New York State Vehicle and Traffic: law In the Town of Saugerties. Trooper E. Strickland stated that he attempted to make a lt:1wful vehicle and traffic stop. I do not recall on what street the traffic stop was attempted. The operator of the motorcycle failed ·to comply with emergency lights. Trooper E. ·stric;:kland stated that he decided to no longer attempt the traffic stop since the vehicle in ·question was a motorcycle at which point the operator of the motorcycle attempts to make a left turn onto North ·st hi the Town of Saugerties. I did not ask Trooper E. Strickland whether he continued to follow the motorcycle with his emergency lights active, aft~r the decision to discontinue his attempt at the vehicle and .traffic stop. ,, Trooper I: .. Strickland stated that he could not avoid contact and a collision occurred. Trooper E. Strickland stated that the operator·of the motorcycle then.fled the scene and Trooper E. Strickland• mad~ radio transmissions ·and notifications. I did not ask at- whQt point Tro9.per E. Strickland mad~ his r:adio transmissions and notifications. Trooper E. Strickland made no mention of striking anything other than the.motorcycle. I do not recall whether a -conversation occurred about·the leaking oil. I was re·minded that 3F11 was leaking oil when I was asked by Captain Mark Nielson d~ring ·this interview. .. . ' K$ search was concluded wit~ negative results. Members of law enforcement checked·the area with negative results. . Sergeant E. Lovgren Is the Investigating supervisor~ I 1·nqulred with Sergeant E. Lovgren If any further assistance was needed from ·me· and. he Informed me that he was secure. '3F11 was towed·from the scene due to ieaklng oil. I assisted with loading the motorcyc::le on the Tow Truck and I clea~d the location. I did not learn anythin·g further about this incident after the fact and i did not have any further conversations In regard to this Incident. \ II GENL-7 (Rev 10/21) Page 1 of 1 NEW YORK STATE POLICE . MEMORANDUM Troop: Dale: F Station: SP Highland 03/07/2023 To: Major Paul M. DeQuarto, Troop Commander, Troop F From ·• Trooper Nefthaly Leon Sarav·1a) Digilally s igned by Trooper Nefthaly Leon Saravia ., "~ Dale: 2023.03.09 09:40:35 -05'00' Subject: COMPLAINT AGAINST PERSONNEL, DCN2023-0020 On Wednesday October 12, 2022, I was working 2 Shift out of SP Highland and I was assigned to SP Highland desk. At approximately 10:30pm, 3F11, Tpr E. Strickland contacted SP Highland via radio that a Dirt bike/Motorcycle took off from a Ve hicle and Traffic Stop in area of North of Saugerties. Tpr. E Strickland contacted SP Highland via radio again, the offending vehicle struck the Troop Car and the suspect bailed out on foot. The pursuit lasted approximately 1 min. Sgt Barnett was present at SP Highland and he was notified. The pursuit ended at the intersection of North St and Market Street ext., in the Town of Saugerties. J do not recall all the Troopers that were assisting me on the desk. I do not recall the registration of the motorcycle. There is a possibility I contacted Tpr. E. Strickland through Enterprise Law Enforcement Mobile CAD. At the time, I recall ~ s t e r e d owner's address in SJS. Based on the information, I ran OMV Photo o f -. I emailed the response from E Justice to Tpr. E. Strickland. I did not have any indication from anyone at the scene, If the motorcyclists was injured. E· z f GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 2 MEMORANDUM Troop: Date: To: From: Subject: F Station: SP Kingston 03/07/2023 Major Paul M. DeQuarto, Troop Commander, Troop F 'Trooper Ryan Benincasa I Dlgltally signed by Trooper:Ryan·Benlncasa /~·-oate: 2023.03.1319:56:05-04'00' . COMPLAINT AGAINST PERSONNEL, DCN2023-0020 On Wednesday; October 12th, 2022, I was working a scheduled 2-shift out of SP Kingston, operating marked 'patrol unit 3F13 .. I was on patrol· on Ulster Avenue in the Town of Ulster when I heard a broken radio transmission from Trooper ELIAS STRICKLAND requesting more units to his location in the Village of Saugerties. I answered.up to SP Highland and responded to the intersection of Market Street Ext. and North Street and found Trooper ELIAS STRICKLAND on· . scene and a. yellow motorcycle laying on its side in a wooded. area. Trooper STRICKLAND gave . me a quick synopsis and advised that he had tried to initiate a traffic stop on the motorcycle when it did not comply, and a pursuit started heading up Market Street Extension. As they crested a hill, he advised the bike tried to slow to make a sharp left hand turn onto North Street and when Trooper STRICKLAND came over the hill, he applied the brakes but could not stop in time before striking the rear of the motorcycle. He advised the bike the went down on its side and the·operator jumped off in one swift motion, removed the helmet, and took off running on foot. Due to the darkness, Trooper STRICKLAND advised that he did not see the operators face. I do not recall where he initially t~ied to stop the motorcycle. I observed minor damage to the front.lower bumper of 3F11, no visible damage to the rear of the motorcycle and made sure Trooper STRICKLAND was not injured at all. I then proceeded up Market Street Ext. in 3F13 and checked intersecting roads to look for the suspect with Trooper MICHAEL TEGELER and Trooper MATTHEW HOGAN .for a period of time, before returning to the scene ofthe accident to assist with the investigation. I assisted with accompanying Sgt. J. GARVIL'.A from the Town of Ulster Police Department do a K9 track, and assisted Sergeant ERIC LOVGREN and Sergent NIGEL BARNETT with taking measurements at the scene. I was requested by one of the Sergeants to call a tow for both the motorcycle and 3F11, but do not recall why 3F11 was towed. There might have been a fluid leak coming from the front of it but I cannot fully remember._ ( Page 2 of 2 NEW YORK STATE POLICE GENL-7 (Rev 10/21) - MEMORANDUM Troop: F Date: sta~on: SP Kingston 03/07/2023 In Jhe coming days, after speaking with Trooper STRICKLAND abQut the case, I learned that he initially observed the motor.cycle In the area of the Quick Chek in Glasco, Town of Saugerties, but he did not tell me If he tried to ,initiate a stop at that time, or just observed a violatlon. ·1do not recall what violation he observed to conduct the stop. Trooper STRICKLAND checked the area for the bike and located it again In the area of Main and Partition Streets in the Village of Saugerties where he again tried to Initiate a ·traffic stop. This is where I believe ·the failure to comply began, en~lng at North Street and Market Street Ext. Trooper STRICKLAND also advised that the motorcycle fled through a grassy park·area and he followed him. He did not advise that he had struck anything throughout the pursuit until str.iking the rear of the motorcycle at the end and did not tell me the location of tl:le grassy park. He requested a supervisor to the scene, and I assumed he had told'the supervisor the,evelits and route of the pursuit. sometime in the coming days, Trooper Strickland advised he had gained suspects throu h the use of social media and it was believed to b e did not ~pecify what social media platform J,e gained information from, nor went Into detail about If he had spoken to anyone.specific to gain ~nfo~ation about the suspect. ,. At some point during a .later shift, which I do not recal.I what day exactly, I ,offered to Trooper Strickland that I would go to Saugerties Police D~partment to check the municipal cameras to see if I could idefltify a motorcycle leaving Cedar Street onto Main Street because there is a fixed camera at the Intersection of Main. Street and Partition Street that faces east toward Cedar S t r e e t ~ s would strengthen the.evidence that the Qperator of the motorcycle was one of the - - br9thers if I could see a motorcycle, or single headlight leaving Cedar Street sometime before Trooper S.TRlCKLAND had observed It. r wa~ assisted by Dispatcher SEYFARTH and I do believe I observed What I thought to be a motorcycle leavil')g Cedar Street at some point that night,October 12th,.2022, as the camera is some distance. away from Cedar Street, arid not very clear at that distance. This information was passed on to Trooper .STRICKLAND for his investigation but I did not obtain a copy•of the footage. I was not advised if Troope.r STRICKLAND ever got a ~opy of'the footage.and I had ·n o further involvement in the investigation. ·· •• ,,;, :~,~~. ~'-<·::..~. .-j r. 1: ! ! •• ' '9 :-~ :- . ~} •.,_ ' -' ~Ji ,, ,· ., ;, t: -~ ·. ~" ,/: ~- ·: . •. Jft ~ '_,,{~' ,,;· j' .i.• . , t I"' ~ c- - .JI New York State Police GENL-4 (04/oeJ SUPPORTING DEPOSITtON (CPL§ 100.20) Page 1 of 2 THE PEOPLE OF THE STATE OF NEWYORK vs OEFENOANT(S) LOCATION OF /NCfD.ENT.' STATE OF NEW YORK, _ L_O_C_A-'L'--C'--R_IM_IN_A_L_ COUNTY OF - - - - - -- lOCA TION OF DEPOSITION: ST ATE OF NEW YORK COURT - -- - ----1 OF On I COUNTY OF ULSTER CITY TIME STARTED : DATE I, 3:45 03/06/23 I Fl.Ill NAME. KINGSTON OF Kristine Lane ~ - - - -~ ~~ STATE THE FOLLOWING: I am a Senior Probation Otficer employed by the Ul ster County Probation Department. DOB has been a probationer under my supervisio.n since August 2, 2022 . On January 19, 2023 I was contacted via telephone by New York State Trooper Elias Stricktand. Troopef Strickland Informed me he been involved in a high speed chase w ith a motorcycle that ended witll a crash that damaged the Tr09p car and the motorcycle operator had fled on foot on October 13, 2022. Trooper Strickland indicated ■■■I had potentially identifed the motorcycle operator as ■■■■ Trooper Strickland asked me to facilitate an interview ofI informed Trooper Strickland that had been treated at the Kingston Hospital ER tor a leg injury requ iring stitches on October 13, 2022 and that claimed he injured himself while chopping wood . did not report his ER vislt to my office until a week later. I arranged for to come to my office on January 23, 2023 at 5 :30 p _m_to be interviewed by Trooper Strickland . Trooper Strickland interviewed' at UC Probation on January 23. 2023 as arranged for approximately 15-20 minutes. I did not participate nor was I present in the room during the interview_Fallowing the interview, Trooper Strickland indicated he had issued two traffic tickets to Trooper Strickland stated thal had maintained that he was not involved in the incident throughout the interview and it he were to plead not guilty the tickets would be dismissed because he (Trooper Strickland) could not prove was the motorcycle operator NOTICE (Penal Law Sec. 210.45) In~ wntten i nstrument any person who knowtngty make5 a farse slatemel11 whicn such person Q08$ not believe to be true nas committed a crime under the laws of.the state of New York pur-Jsh,tble as a lass A L Affirmed under penalty of perjury lhls 6th day of demeanor . MARCl1 - OT· ·subscribed and Sworn to .before me this _ _ _ day of - ---- (WITN~ , 20 r, f / /V) . ,4 #,,In., \NAME OF' P E'.RSOt-4 TAXtNG DEPDSITtONJ TIME ~OED DAM 4:15 r8I PM t;. . J GENL•-1 (O◄/Oe) New York Staie-Police SUPPORTING DEPOSITION (CP_L_§~1_0_0_ .2~0)~_ _ _ _ _ _ __ _ __ _ __ Pa~ge_2_o_t_2 THE PEOPLE OF THE STATE OF NEW YORK VS. DEFENDANT(S) On January 29, 2023 Trooper Strickland emailed a copy of both tickets ~ and . has not made any statements to me implicating himself in the pursuit and/or the accident involving Trooper Strickland. I have no further information. NOTICE (Penal law Sec. 210.45) In a written instrument, any person who knowingly makes a false statement which such penJon doe not believe to be true- has committed a crime under the laws of the state of New York punishable as a lass_ A lsdemeanor. i Affirmed under penalty of perJory tl'lis 6TH day of MARCH 20 23 • Of . (WITNESS ) ""Subsctibed and Sworn to before me this _ _ _ _ day of _ _ __ _ _ , 20 ( , ./-- J')-1 IJ ;Ju/i,1un \ /1.!,IE GF P~RSON T/1-KING OEPOS1TION) 11ME ENDEID O.J.\M 4:15 ~PM I t:· JZ.... NEWYORKSTATE POLICE GENL-7 (Rev 10/21) Page 1 of 1 MEMORANDUM Troop: F Station: SP Highland Date: 03/07/2023 To: Major Paul M. DeQuarto, Troop Commander, Troop F From: Dlgila\lyslgned byT,ooperJohn M, DeG,ego,le u Trooper.John· M DeGregor1'a II},-··Date: 2023.03.07 16:51:02 .05'00' • # Subject: COMPLAINT AGAINST PERSONNEL, DCN2023-0020 On October 12, 2022, I was a 2 shift out of SP Highland working patrol. Trooper Nefthaly Leon Saravia was a 2 shift out of SP Highland covering the desk post. At approximately 10:30pm, marked State Police unit 3F11, operated by Trooper ·Elias E. Strickland, transmitted to SP Highland stating that a motorcycle, took off in the area of Market Street Extension and North Street in the Town of Saugerties. Trooper Strickland requested a supervisor to the scene due to damage·to the above stated troop car. At approximately 10:34pm, I answered a phone call at SP Highland to assist Trooper Leon Saravia. I identified the caller as Trooper Jason T. Wurtz, assigned to SP Gardiner, by his voice, as he did not identify himself. Trooper Wurtz asked what Trooper Strickland had going on in Saugerties, to which I replied that it sounded like a dirt bike hit the troop car and then the operator fled on foot. Trooper Wurtz asked where the incident occurred in Saugerties, to which I replied Canoe Hill Road. Trooper Wurtz then verified the address and asked if there were additional units en route to the location, to which I confirmed. do not recall any additional information regarding Trooper Strickland's pursuit or motor vehicle accident on the above stated date and time. .,,. Incident Report - 03/08/2023 09:27 Print Date/Time: Login ID: Incident DatefTlme: Location: Ulster Town ORI Number: Incident I 2022-00011690 10/12/2022 11:09:16 PM 333 MARKET ST Incident Type: Venue: K9 Assistance Saugerties (SAUn Source: Priority: Status: Nature of Call: Phone 3-Medium Just Occurred assist NYSP w/ K9 track NY Phone Number: Report Required: Prior Hazards: LE Case Number: No No UniUPersonnel Unit Personnel 388 21-Garvila Persori(s) No. Role 1 Caller 2 Vehicle Owner - · Name Taylor, SGT Josh Address Phone Race Vehicle(s) Role Suspecl Vehicle Type MCY • Motorcycle Year · 1989 Make Model Suzuki Color Purple Disposilion(s) Disposition Count K9-Tracl<. 1 Pro e Date Page; 1 of z Code Type DatefTime 10/13/2022 00:39 Make Model Description Sex C Male 0 - St License N'I Tag No. Police Dept NY0559500 4/12/1958 ate Item No. Page: 2 of 2 NYSP requested K9 assistance in regards to a vehicle stop were the operator of a motorcycle fled into the woods. The motorcycle in question had switched plates and the operator was not identified. Assistance was rendered, back in service DCN2023~0020, Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 JFLl AVL E-5 SP Highland Telephone Logger E-11 Saugerties PD B WC 6-13 Saugerties PD Telephone Logger E-14 Cantine Field Video E- J8 AVL Plot Map Video E-3 ..J Taylor Witness Statemen t E-35 Strickland Target Statement E-37 Lovgren Target Statement E-40 Facebook V,ideo J. - MEMBER WITNESS - INTERVIEW 2 3 4 5 6 8 STATEOFNEWYORK COUNTY OF ORANGE TOWN OF WALLKILL MARCH 8, 2023 9 1o 11 12 13 14 The following is an interview of Zone Sergeant Joshua Taylor at Troop F Headquarters on March 8, 2023, by Captain Mark A. Nielson commencing at 2:55 p.m. The letter "Q" will denote questions asked by Captain Mark A. Nie.Ison. The letter "A" will denote answers provided by Zone Sergeant Joshua Taylor. 15 16 17 18 19 Q. The purpose of this interview is to inquire into the October 12, 2022, pursuit of a motorcycle and the subsequent Division vehicle collision involving Trooper Elias Strickland. You are being interviewed as a Witness only in furtherance of providing necessary and relevant factual information in this investigation.· You are not the target of this administrative investigation, and anything you say during this interview cannot be used against you in a disciplinary proceeding. If, during the course of this interview, it reasonably appears that you may be the subject of a potential disciplinary action, I will stop the in.terview and advise you that determination and your rights under the collective bargaining agreement. Do you understand this? 20 21 22 23 24 25 26 27 28 A. Yes sir. I do. 29 Q. This interview is being conducted pursuant to Article 16 of the collective bargaining agreement between the State of New York and New York State Troopers PBA, and the applicable Regulations of the New York State Police, including Regulations 8A3 and 8Al 5, pursuant to which you are required to cooperate and answer truthfully questions relating to the investigation. A refusal by you to cooperate or to answer questions, or a failure to answer any questions truthfully, may result in disciplinary action against you, up to and including the termination of your employment. Do you understand this? A. Yes sir. I do. Q. You are entitled to all the rights guaranteed by the State and Federal constitutions. As this is an involuntary interview, your responses are automatically cloaked with criminal immunity. Accordingly, neither your statements nor any information or evidence that is gained as a result of, or in reliance upon, this interview can be used by a police or prosecutorial entity against you in support of a criminal proceeding. Do you understand this? A. Yes sir. I do. ·30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1 q- 46 Q. You were.advised on March 8, 2023, of the matter being investigated and that it would be necessary to interview you concerning this matter, is that correct? 50 51 A. That is correct. 52 53 Q. I am Captain Mark A. Nielson, and as a supervising officer and representative of the Superintendent, I am authorized to conduct this interview. This interview is being recorded digitally at Troop F Headquarters. A full transcript will be prepared, and you will be provided with a copy of the recording or will be afforded an opportunity to cause a duplicate of this recording to be made for your future use. You will be given the opportunity to view the written transcript from this recording upon completion to ensure its accuracy and will also be provided with a full copy of the transcript, subsequent to your signature. Do you understand this? A. Yes sir. I do. 63 64 65 66 Q. Can you confirm we are the only two persons present in this room? A. Yes, we are. 67 Q. The record will note that you are present in response to a direct order. Zone Sergeant Taylor, you will now be asked questions relating to this investigation and you are required to answer these questions truthfully. If you decline or refuse to answer any questions, you will be ordered by me to answer. If you then continue in your refusal to answer;disciplinary action will be initiated charging you with disobeying a lawful order. This disciplinary action could result in the termination of your employment with the Division of State Police. You will be permitted during this interview to take breaks when reasonable and appropriate. Having been advised of the above, are you now ready to proceed with this interview? A. Yes sir. I am. Q. Please state your full name and rank. 80 A. Joshua J. Taylor. Zone Sergeant. 81 82 83 Q. What is your date of entry with the State Police? 84 A. 06 28 04. 85 86 Q. What is the location of your current assignment? 87 88 89 A. Zone Headquarters. Kingston. F300. 90 Q: On October 12, 2022, what was your rank and assignment? 47 48 49 54 55 56 57 58 59 60 61 62 68 69 70 n 72 73 74 75 76 77 78 79 2 q- 91 92 93 94 95 96 97 98 99 100 IOI 102 103 104 105 106 107 108 IO<J I IO 111 112 113 114 115 116 117 118 119 120 · 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 A. I was, uhh, the station commander assigned to SP Kingston. Q. Is SP Kingston Troop F? A. Troop F. Yes sir. Q. Were you working on October 12, 2022? A. Yes sir. I was. Q. What shift were you working? A. I was working an 11 C, which runs from 11 a.m. to 9 p.m. Q. Did you work any additional time, following your shift on that day? A. Yes sir. I did. Q. On October 12, 2022, at approximately I 0:30 p.m., Trooper Elias Strickland reported he was involved in a pursuit with a motorcycle that concluded when the Division vehicle he was operating, 3Fl I, collided with the motorcycle and the motorcyclist fled on foot.. Do you recall this incident? A. Yes sir. I do. Q. How did you become aware of the pursuit and the collision? A. I had monitored the radio traffic from Trooper Strickland. Q. And what do you recall that radio transmission to have consisted of? A. Uhh, Trooper Strickland advising, uhh, SP Highland Desk that he had a motorcycle flee from a traffic stop. Uhh, I thought it was on State Route 32 in the Town of Saugerties. Q. And what do you believe to have occurred next? A. Uhh, at some point, uhh, Trooper Strickland advised that the offending vehicle, the motorcycle that was fleeing had made contact with his Troop car, uhh, and then the operator subsequently fled on foot. Q. So just to be clear, you unders, understood that he had stopped, stopped the motorcycle that had subsequently fled a traffic stop and Trooper Strickland had pursued that veh, that motorcycle and ultimately collided with it. A. Yes, and again, it was my understanding that Trooper Strickland had the motorcycle stopped for, prior to the pursuit. Uhh, at that time, that vehicle fled from the traffic stop and then later made 3 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 contact with his Troop car, while he was pursuing that vehicle. Q. And that information, you derived just based solely on his radio transmissions? A. Based on the radio transmissions directly. Correct. Q. Do you know where the pursuit ended with this collision? A. Uhh, at the time of the incident, I believe that the pursuit was on State Route 32, and he does give a location which I don't recall, uhh, but I do later find out that the pursuit, uhh, ended on, uhh, Canoe Hill and North Street in the Village of Saugerties. Q. Later, being when did you discover where it actually ended? A. Uhh, I had made contact with Trooper Strickland to get a positive location. Q. Ok. We'll get to that later on in your statement. At the time you overhear these radio transmissions, when; were you? A. I was at SP Kingston. Q. And who else was present at SP Kingston at that time? A. I believe Sergeant Eric Lovgren was present. Q. What, if any actions, did you take in response to learning of the incident? ' A. Uhh, once I initially heard the radio transmission, I made contact with the Town of Saugerties Police Department requesting additional units respond to the trooper's location and assist. Q. What did you do next? A. Uhh, at that point in time, I had, after speaking with the dispatcher at Saugerties, they had heard, I believe it was Mill Street where he was. I was under the impression he was on State Route 32, umm, so there was some conflicting information regarding the actual location of the incident, umm, so I had contacted them. They were sending units, uhh, to his location, umm, and I believe Sergeant Lovgren at that point departed SP Kingston to head up to the incident location itself. Q. At that point, you contacted Trooper Strickland to verify his location? A. I believe it was after speaking with the Town of Saugerties PD that I made contact with Elias Strickland, or Trooper Strickland on his cell phone, uhh, to verify that he was ok, get an updated location and, uhh, a description of the individual that responding patrols would be looking for. Q. Do you recall as part of that conversation him indicating to you that the plate on the 4 181 182 183 184 185 186 I 87 I 88 189 190 191 192 193 194 195 I 96 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 2.15 216 217 218 2 I9 220 221 222 223 224 225 motorcycle came back to an address in Rhinebeck and that same license plate had run from him before? A. Uhh, at the time I don't recall hearing that, but after review of the, the audio tapes, I do hear him mention that. Q. When Trooper Strickland stated the same plate had ran from him before, did you understand before to mean earlier that same night or on a previous date? A. I don't even recall, uhh, I don't know that I paid much time to it. I, I, yeah, I don't know. Q. Do you know which troopers and supervisors responded to the accident scene? A. Uhh, it was I believe the entire two shift was there, uhh, Sergeant Lovgren I know responded up to that location, and I believe Captain Restivo was working an A line. I believe he did go to that location as well. Q. You said the entire two shift. Would that be the entire two shift from just SP Kingston? A. Yes sir, I'm sorry. The two shift from SP Kingston specifically. Q. Did you respond the accident scene? A. I did not. Q. Are you aware of a prior pursuit involving Trooper Strickland and the same motorcycle? A. I am not. Q. Now the phone conversation you had with Trooper Strickland while he at the scene, was this the only conversation you had with him that night regarding this incident? A. I believe so. Q. Did you speak to any other member who responded to the accident scene? A. At some point that evening, I recall speaking with the captain. However, I'm not sure ifhe was at the accident scene or ifl had spoken to him prior to, uhh, when he came in service for his A line. Anybody specifically at the accident scene while it was active, I believe it was just Trooper Strickland. Q. Did there come a time when you contacted the Ulster Police Department? A. I did contact the Ulster Police Department. 5 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 Q. And what was the purpose of that contact? A. Uhh, I had inquired if Saugerties PD had a K9 working. They advised me they had not. I then contacted Ulster PD, uhh, to see if they had a K9 working. They did inform me that they did. However, the handler was going to have an extended ETA because he was having some vehicle issues. Q. And did you have a follow up conversation with the State Police in_Highland? A. I did contact SP Highland, uhh, again I don't remember the time frame cir the sequence, but the, to see if they had gotten the plate number had begun doing a workup on the registration, uhh, through SJS, uhh, DCJS, all that stuff. Q. Were you involved in the subsequent investigation and administrative reporting of the Troop car accident? A. I was not. Q: Who was responsible for investigating the Troop car accident? A. Uhh, Sergeant Eric Lovgren. Q: Did Trooper Strickland ever tell you that he initiated the pursuit somewhere other than on Market Street in Saugerties? A. He did not. Q: Did you ever become aware that Trooper Strickland initiated the pursuit somewhere other than on Market Street in Saugerties? A. I still to this date do not recall or know where the pursuit was initiated. Q. Did Trooper Strickland ever tell you that during the pursuit he had pursued the motorcycle off road? A. One more time with that. Q. Did Trooper Strickland ever tell you that during the pursuit he had pursued the motorcycle offroad? A. No, he did not. Q: Did you ever becom·e aware that Trooper Strickland pursued the motorcycle off road? A. I was never made aware of that. 6 q- 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 Q: Did Trooper Strickland ever tell you that he had collided with something other than the motorcycle during the pursuit? · A. He did not. Q: Did you ever become aware that Trooper Strickland had collided with something other than the motorcycle during the pursuit? A. I was never made aware of that. Q: Did Trooper Strickland tell you he intentionally struck the motorcycle? A. No, he did not. Q. I am going to direct your attention to the AMS message that was sent by Sergeant Lovgren on October 13, 2022, documenting the Division Vehicle-Property Damage Automobile Accident and Pursuit we are discussing and a:sk that you review it. A. Yes sir. Q. In sum and substance, the AMS message reflects that Trooper Strickland attempted to conduct a traffic stop of a motorcycle on Market Street in Saugerties. The motorcycle failed to comply, and a pursuit was initiated that concluded when 3Fl I collided with the rear of the motorcycle at the intersection of Market Street and North Street. Upon which the motorcycle operator fled on foot. The pursuit is documented as being approximately one minute in duration, covering approximately one mile, with a top speed of 60 miles per hour. Are you aware of any information contrary to what is reported in the AMS message? A. Uhh, the only thing to my knowledge or my believe was that Trooper Strickland, the first sentence, uhh, attempted to conduct a traffic stop. I was under the impression that he had the vehicle stopped and the individual fled from the traffic stop, but that's the only thing with the exception. I don't recall the speeds. I don't remember that ever being transmitted. Umm, and the time frame now having heard the audio, uhh, the time is a little off. And the distance, I'm assuming is, is off as. well. Q. When you say that the time is off, I mean by, by what are we talking about? A. Again, oh, what's the actual time I believe is off? Q. I mean, well yeah are we talking about, you know, twenty seconds or? Yeah, I mean it's, it's definitely seconds because it's the two transmissions afterlistening to the audio are obviously close in, uhh, in proximity. I don't know what the actual times are. They're not exactly a minute apart, uhh, as far as I know and which would, uhh, limit the distance involved. A. 7 q- 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Q: Do you know the extent of the damage sustained by the motorcycle? A. Uhh, the totality ofit? No, I did not. I didn't see the motorcycle though. Q. When did you see the motorcycle? A. Uhh, the following day, when I came in for my 11 C. Q. So that would have been on October 13, 2022? A. Yes sir. Q. And where was the motorcycle at that point? A. Uhh, it was secured in SP Kingston's Zone garage. Q. And what drew your attention to the motorcycle? A. Uhh, the only thing that drew my attention to is that it was in the garage and the odor from the gasoline, uhh, was stinking up the garage, uhh, to which point I had them remove the motorcycle from the garage and put it in the impound yard. Q. And did you note the motorcycle to have damage that stood out to you? A. Nothing that I noted. Q: Do you know the extent of the damage sustained by 3FI I? A. Uhh, I don't know the extent of the damage. I do know based on the dollar sign attached to the estimate that it was extensive. Q. And do you have an understanding of what part of the car the extent of the damage was? A. I personally do not. I was, I believe I was informed that the oil pan had broke or something. Q. And do you recall who informed you of that? A. Uhh I think was just, uhh, I had overhead it, uhh, maybe in the Sergeant's office when Sergeant Lovgren had received the report, the initial report, the following day or whatever it was. Q. And in your opinion, would damage to an oil pan have been consistent with a rear end collision with a motorcycle that's undamaged? A. Not a rear end collision, uhh, but maybe a bottom out or a strike. 8 q- 361 362 363 364 365 366 367 368 369 Q. Did you play any part in directing the criminal investigation? A. No sir. I did not. Q. Did Trooper Strickland every consult you for guidance on his continuing investigation to identify the operator of the motorcycle? 370 A. Uhh, didn't consult with me for guidance. We did discuss the case a little bit once, uhh, he believed he had identified the, uhh, suspected operator. 371 372 Q. Do you recall how Jong after the incident that would have occurred? A. I don't recall exactly. It may have been a week or two with the, with the pass stuff. Q. Do you know of any other supervisor provided Trooper Strickland such guidance? A. ·I do not. Q: Are you aware that Trooper Strickland identified and ticketed a suspect? 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 A. Until I read the SJS report today, I was not aware that he issued traffic tickets, but again, he had told me previously at some point, again I don't remember the exact time frame, uhh, that he had identified the operator of the vehicle. Q. Was today the first day you reviewed that SJS incident report? A. Yes sir. Correct. 390 391 Q. Did you glean any other information from your review of that report today? 392 A. Nothing off the top ofmy head. 393 394 395 Q. Did anything in that report indicate to you a definitive identification as the suspect as being the motorcycle operator? 396 397 398 399 A. Definitively or what was indicated by the trooper, that the trooper I believe indicated it was the individual. I don't recall ifthere was, what investigative steps or what confirmations were put in place to positively identify the suspect. · 400 Q: Did Trooper Strickland every discuss his probable cause for the tickets? 403 A. He did not. 404 405 Q: Do you know if any other supervisor discussed probable cause for the tickets with Troop 401 402 9 406 407 408 409 410 411 412 413 414 415 416 417 418 419 42Q 4Zl 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 Strickland? A. I am unaware. Q. Did you play any part in directing the administrative investigation? A. No sir. I did not. Q. Did Sergeant Lovgren ever discuss the findings of his investigation with you? A. No sir. He did not. Q. Did you discuss the extent of the damage sustained by 3Fl I· with Sergeant Lovgren or any other supervisor? A. Uhh, not the actual particulars regarding the damage. We did discuss the 3Fl 1 as our station needed vehicles, and I believe that vehicle specifically sat at Troy's for an extended period of time, and obviously as the SC, I wanted to get cars back in operation. But I never learned of the damage that was actually sustained by the vehicle. Q. You had indicated that you didn't respond to the accident scene on the night of the accident. Did there come a time when you did visit the accident scene? A. I did respond over to the intersection ofNorth Street and Canoe Hill the following day, umm, our maintenance personnel, Bill's Auto had contacted, uhh, I don't know if they spoke with the desk person and the desk person told me, but they were unable to locate the front plate. They believe,· yeah the front plate for 3Fl 1, so I went back there to make sure it wasn't sitting on the side of the road. Q. And dici you locate the front plate there? A. I did not. Q. Did you make any observation of the roadway or the roadway leading up to the intersection? A. Umm, not anything specific that, I mean I know the area. There was nothing that stood out. There was no, uhh, you know, accident damage, uhh, evidence, you know on the shoulder on the highway there or anything. Q. Any roadway evidence that you noted? A. Nothing that I recall seeing. No. Q. Can you just kind of, can you describe the topography of Market Street approaching the North Street/ Canoe Hill intersection? q- . 451 452 453 454 455 456 - 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 A. Uhh, so yeah it's, uhh, if you're heading northbound on Market Street, there is, uhh, quite the grade. There's a little hill that's attached. Again, it's a little hill that has a steep, uhh, incline and then a, uhh, steep decline but a longer, uhh, decline in between the, the peak of the hill and the intersection itself I don't know the exact distance. Umm, there's a little bit of sight distance there because, again, it's an intersection, umm, ofNorthStreetand Canoe Hill Road. I don't know if that gives a good description ofthe, the area at all, but it is a, it is a big hill inJhe roadway, umm, it's a blind hill, but outside of that, that's probably all I can describe at this point. Q. We are going to take a quick recess and go offthe record at 3:15. Back on the record at 3:16 p.m. I have no more questions at .this time. Is there anything further that you would like to add? A. No sir. Q. The interview is now concluded. The time is 3:17 p.m. I. have read this tnmscript consisting of eleven (11) of pages and affirm that it is true to the best of my knowledge. I have placed my initials on the bottom of each page and next to each correction and I signed itbelow. · Signed before me this JL day of mfl'-( , 2023. 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 7.3.09 11 , DCN2023-0020, Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 3Fll AVL E-5 SP Highland Telephone Logger E-1 l Saugerties PD BWC E-13 Saugerties PD Telephone Logger E-14 Cantine FieJd Videa £. J8 A VL Plot Map Video E~34 Taylor Witness Statement l:.-J5 Strickland Target Statement E-37 Lovgren Target Sfatement E-40 F'acebook Video J. - MEMBER TARGET- NON-CUSTODIAL INTERROGATION 2 3 4 5 6 8 STATE OF NEW YORK COUNTY OF ORANGE TOWN OF WALLKILL March 20, 2023 9 10 11 12 13 14 15 16 This Statement is taken from Trooper Elias E. Strickland at Troop F Headquarters on March 20, 2023, by Captain Mark A. Nielson, commencing at 10:10 a.m. The letter "Q" will denote questions asked by Captain Mark A. Nielson. The letter "A" will denote answers provided by Trooper Elias E. Strickland. Q. 17 18 19 20 The purpose of this interrogation is to inquire into your activities as a Member of the New York State Police. Specifically, it has been alleged that on October 12, 2022, you engaged in a vehicular pursuit of a motorcycle that concluded when the Division vehicle you were operating collided with the motorcycle. You delayed the reporting of the pursuit and misrepresented the facts and circumstances in subsequent documentation. 21 This interrogation is being conducted pursuant to the Article 16 of the current New York State Troopers PBA Collective Bargaining Agreement and Regulations of the New York State Police, including 8A3 and 8Al5. 22 23 24 25 You have the right to contact and consult with a union representative or attorney before being interrogated, and to have a union representative or attorney of your choosing present during the interrogation. Do you understand this? 26 27 28 29 30 31 32 33 34 A. Yes sir. Q. You are not under arrest. However, Article 16 and the applicable Regulations require you to cooperate and answer truthfully questions relating to the allegations. A refusal by you to cooperate or to answer questions, or a failure to answer any questions truthfully, may result in disciplinary action against you, up to and including the termination of your employment. Do you understand this? A. Yes. Q. You are entitled to all the rights guaranteed by the State and Federal constitutions. As this is an involuntary statement, your responses during this interrogation are automatically cloaked with criminal immunity. Accordingly, neither your statements nor any information or evidence that is gained as a result of, or in reliance upon, this interrogation can be used by a police or prosecutorial entity against you in support of a criminal proceeding. Do you understand this? 35 36 37 38 39 40 41 42 43 44 45 1 46 A. Yes. Q. Are you being represented at this time and if so, by whom? A. Yes I am. I am being. represented by John Ingrassia, attorneys at law, and my, and the Troop F PBA Delegate Stephen Johnstone. Q. You were advised on March 13, 2023, of the matter being investigated and that it would be necessary for you to give a statement concerning this matter, is that correct? A. Yes. Q. I am Captain Mark A. Nielson, and as a supervising officer and representative of the Superintendent, I am authorized to conduct this interrogation. This interrogation is being recorded digitally at Troop F Headquarters. A full transcript will be prepared, and you will be provided with a copy of the recording or will be afforded an opportunity to cause a duplicate of this recording to be made for your future use. You will be given the opportunity to view the written transcript from this recording upon completion to ensure its accuracy and will also be provided with a full copy of the transcript, subsequent to your signature. Do you understand this? A. Yes. Q. Also present in the room is Sergeant James Bodisch. Do you understand this? 72 A. Yes. 73 74 Q. The record will note that you are, you are present in response to a direct order. Trooper Elias Strickland, you will now be asked questions relating to the performance of your official duties and you are required to answer these questions. Ifyou decline or refuse to answer any questions, you will be ordered by me to answer. If you continue in your refusal to answer, disciplinary action will be initiated charging you with disobeying a lawful order. This disciplinary action could result in the termination of your employment with the Division of State Police. You will be permitted during this statement to take breaks when reasonable and appropriate. Having been advised of the above, are you now ready to proceed with this interrogation? A. Yes. Q. Please state your name and full rank. A. Uh, Trooper Elias Strickland. Q. What is your date of entry with the Division of State Police? 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 2 91 92 93 94 95 96 97 98 99 100 A. September 9, uh, 2019. Q. And what is the location of your current assignment? A. It's, uh, State Police barracks, Kingston. Q. And that is Troop F? A. Correct. Yes sir. IOI 102 103 104 Q. Did you review your Body Worn Camera :videos relative to the pursuit and collision prior to completing your memorandum, General 91 Pursuit Report and SJS entry? 105 106 107 108 A. Yes. Q. What shift were you working on October 12, 2022? 109 110 111 A. Two shift. Q. What was your Division vehicle assignment that night? 113 A. 3Fl I. 114 115 Q. Is 3Fl 1 the vehicle you normally use? 117 118 A. Yes. 119 Q. Did you inspect 3Fl 1 at the start of your tour? A. Yes. Q. Was any of 3Fll 's emergency equipment in need ofrepair? 125 126 127 128 A. No. Q. What type of emergency lighting is 3Fl 1 equipped with? 129 130 131 132 A. Overhead light bar. Q. Was all 3Fl 1's emergency lighting functioning on October 12, 2022? 133 134 A. Yes. 135 Q. Was 3Fl l's siren functioning on October 12, 2022? 112 116 120 121 122 123 124 3 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 A. Yes. Q. Was 3Fl 1's radio functioning on October 12, 2022? A. Yes. Q. Did you determine 3Fl 1 's condition to be satisfactory or unsatisfactory for patrol? A. Satisfactory. Q. What was your post assignment? A. Uh, six two three Saugerties post. Q. And what jurisdictions does the six two three post encompass? A. Just the Town of Saugerties sir. Q. How familiar are you with the Town of Saugerties? A. Um, I didn't grow up there, but I've been working that area for about three years now. Q. During that shift, did you pursue a motorcycle? A. Yes. Q. Were there any other members riding with you at that time? A. No. Q. Did any other members participate in the pursuit? A. No. Q. Describe in detail your pursuit of the motorcycle from start to finish. A. I was, um, stationary at the S turns,just south of the village. Um, I observed a vehicle, the motorcycle, at a high rate of speed, through the comer. Um, I waited a minute or two. I wasn't sure ifl was gonna go after it. Um, then I noticed he was picking up more speed, um, so I went south on 9W, put him on the same lane through the Barclay Heights area. I don't know if you're familiar with Saugerties sir. It was the Barclay Heights area, um, and I had him at eighty in the forty there. Um, at that time, I attempted to stop him. He cut through QuickChek parking lot. Well at that time I activated my lights. I can't remember ifl had my sirens up. I definitely activated my lights. He cut through the QuickChek parking lot and went back north on 9W into, towards the Village of 4 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 Saugerties. Um, at that time, I, um, at that time, I turned off my lights. Uh, I didn't want to, uh, run a pursuit through the village. Um, I want to give him a little bit of space just because uh, there was a lot of foot traffic through there. Um, once we got, we went through Cantine Field, once we got to the other side of the village and cleared it, that's when I resumed the pursuit, but! was following him with his lights off at that time through the village. Q. So where were you when you shut your lights off? A. Um, entering the village, so just south of the village. We went south and on 9W. Q. And where were you when you turned your lights back on? A. Um, I believe Market Street. I don't recall the exact street. Q. So between 9W,just south of the village or entering into the village until Market Street and that's off Cantime Field. A. Yes sir. Q. You had no, no lights on at all other than what, your headlights? A. Headlights maybe takedowns, I can't, I don't remember the exact lighting. Q. And you were continuing to pursue, or follow him? A. Yes sir. Q. I am going to play a Body Worn Camera video of yours from that night it's dated on October 12, 2022, and the start time of the video is 10:24 p.m., and this video began based on vehicle signal activation. (noise/Troop car engine & siren noise of the video being played) Is this the initiation of your pursuit on 9W southbound? A. That's where I initially attempted to stop him. Yes sir. Q. And why did you terminate this, this recording? A. I don't, I don't know why. I think I was considering just not pursuing at all. Um, but that's why, that's why I did. Q. But you continued to pursue him after turning off .... A. Yes. Q. . .. your body cam. 5 226 227 228 Q. So, where we left off prior to the video is you had indicated that you reengaged your emergency lights on Market Street. 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 A. Yes'. Q. Ok, take me through the rest of the pursuit. A. Um, Market Street is very hilly. Um, and towards the end, I don't know the exact side street. I think it was North Street, the, um, operator suddenly braked and made a sharp left tum. He had no brake lights or turn signals on. Um, and at the at that point, my vehicle came into contact, uh, with his rear tire. Um,.he, the bike didn't flip over or anything like that He slid offthe roadway, um, and then he fled into the woods, and I was unable to catch up to him. Q. On October 12, 2022, at 10:30:29 p.m., uh, you contacted Highland and made this initial radio transmission, "Just had a dirt bike or motorcycle take offfrom me on a traffic stop. Gonna be north ofSaugerties. I'll get you a location not, uh, no lights, following with no lights. " And this was your first radio transmission of the pursuit. Is that correct? A. Yes sir. Q. And where were you when you made this radio transmission? A. Market Street. Q. This is a considerable distance away from where you initiated the pursuit, correct? A. Yes sir. Q. I spoke over you, I'm sorry, can you. A. Yes sir. 253 254 255 256 257 258 259 260 261 262 Q. Fifty seconds after you made that first transmission, you make a second radio transmission which is captured on a sunbsequenfBody Worn Camera recording of yours, I'm going to play for your now. 263 264 265 266 267 268 269 270 A. Ok. Q. "He justuh, struck my vehicle. Uh, he's, uh bailed out on foot." And for the record, the Body Worn Camera we just viewed is dated October 12, 2022, and the time on that is 10:31 p.m. 6 Where was this Body Worn Camera video captured? 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 A. Market Street and North Street I believe. That's where the collision took place. Q. So that is at the accident scene? A. Yes sir. Q. Are you aware Division patrol vehicles are equipped with Automatic Vehicle Location commonly referred to as A VL? A. Yes sir. Q. Did you make both radio transmissions that you just heard, after you had already collided with the motorcycle? A. Yes. Q. Had you already chased the motorcycle operator on foot, prior to these transmissions? A. Um, I didn't really pursue him, because he had such a lead on me going into the woods. Q. Did you do this to conceal the fact you had initiated a pursuit of the motorcycle nearly six minutes earlier without immediately notifying your radio control point? A. Um, I, I wasn't intending to conceal. No sir, but I did transmit late. Q. So, you made both of these radio transmissions after everything had already transpired, it's post collision. Why not, why didn't you report the, it all in one transmission? A. Um, I was scared. Q. What were you scared of? A. Getting in trouble for not calling out the pursuit initially. Q. Did you state that you were following without lights to further attempt to conceal the pursuit? A. Um, I was following without lights, but yes, yes. Q. So, there were periods of time during your pursuit where you did pursue the motorcycle without using your emergency lights and siren as required. A. I was keeping a distance, um, but I guess that's still considered a pursuit. 7 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 Q. In the binders in front of you, there's a number of reference sources, if you would please reference exhibit one in the binder. Exhibit one is a memorandum dated October 13, 2022, titled Division Vehicle PDAA Vehicle Pursuit that was digitally signed by you on January 18, 2023. Did you author and submit this memorandum? A. !did. In your memorandum you wrote, "/ was patrolling the Village ofSaugerties when I observed a Suzuki motorcycle bearing N Y - operating at a high rate ofspeed on State Route 9W " Is that correct? Q. A. Yes. Q. I'm just going to go through the progression of your pursuit again. Um, where, where on State Route 9W in the Village of Saugerties, did you first observe the motorcycle? A. The S turns. I was on the southern S tum area. It was actually stationary at the um, I think it's American Legion. Q. Do you know what time you made this first observation of the motorcycle? 339 340 A. I don't. 341 Q. Was the motorcycle operator the only person riding on the motorcycle? A. Yes. Q. And you were stationary when you made this first observation? A. Yes. Q. And what direction were you facing? A. Uh, I was parallel with the road. Uh, he came through and went south. 353 Q. So which direction if you are parallel to the road, which direction were you facing? 354 355 356 A. Um, and I think at that point, I'm facing south, um. 357 Q. So the motorcycle was travelling away from you at that point? 358 359 360 A. Yes. 338 342 343 344 345 346 347 348 349 350 351 352 8 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 Q. And how fast was the motorcycle travelling? A. Um, I visually estimated him at a high rate of speed and then I put, had him on the same lane at, uh, approximately eighty in the forty. Q. When did you identify the license plate number on the motorcycle? A. Um, I don't recall exactly when I had identified it. Q. Did you run the license plate? A. I think I did. I, if not during, definitely after the pursuit. Q. In your memorandum you wrote, "I conducted a traffic stop, but the motorcycle vehicle failed to comply accelerating down Market Street. A pursuit was initiated through SP Highland. " Is that correct? A. No. Not that, well, it, it did accelerate down Market Street, but it was not initiated through SP Highland until after. Q. But is that correct what you put in your memorandum? A. I'm sorry, can you repeat the question sir? Q. In your memorandum you wrote, "I attempted to conduct a traffic stop, but the motorcycle vehicle failed to comply accelerating down Market Street. A pursuit was initiated through SP Highland. " A. The pursuit was not init, initiated through SP Highland. Q. And you were stopping the motorcycle through speeding? A. Yes. Q. How did, how did you get to Market Street? A. Um, he took some back roads, out, going around the east side of the village, um, and then we, I know we went through by Cantine Field, the baseball fields there. We went through there and over to Market Street. Q. And how long would you say it was from your first observation of the motorcycle to when you attempted to stop it at 9W travelling south? A. Approximately two minutes, a minute. 9 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 Q. Was the time frame consistent with a normal traffic stop? A. Um, no, it was a little bit longer just because he had a pretty big jump on me. Q. How did you signal to the motorist to stop? A. Uh, with my lights. And then my sirens. Q. Can you specify your lights? Please. A. Uh the overhead lights sir. Q. Do you know what time the pur, the pursuit actually began? A. I do not. Q. What was the top speed of the pursuit? A. Um, maybe seventy. Q. How closely did you follow behind the motorcycle? A. Close enough to come into vehicle contact, at the end. Q. Did you maintain the same following distance for the duration of the pursuit? A. No. Q. At the greatest distance, how many car lengths would you estimate that to have been? A. Ten to fifteen, maybe more. Q. Did you ever lose sight of the motorcycle? A. No. Q. You indicated earlier that you had pursued the motorcycle through the Quickchek parking lot. Is that correct? 445 446 447 448 A. Uh, that's where I, that's in the area where I initially attempted to stop him and then he cut through, yes. 449 450 Q. But you agree, when you signal him to stop and he doesn't stop, you're pursuing him at that point in time .... 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 A. Yes. Q. .... Correct? Did you pursue the motorcycle off road through a field? A. Yes. Q. Where did this occur? A. Um, north of Main Street. There's a small private, uh, dirt driveway and that driveway leads into a field. Q. And where does that field exit onto? A. I don't know the name of the road there, sir, but it's the road just north of Market Street, or uh Main Street, the next road up. Q. I'm going to show you a map. It's a google earth map. Tell me if you, if the field you're speaking of is on there or not. A. Yes, it's the field there, sir, that leads out onto Lafayette Street. Q. Would you just make an X on the field please, for me? (PBA Delegate Johnstone directs Strickland to show attorney) Put your initials by your X, please. Thank you. I'm going to show you. I'm going to show you seven photos, um, of that, of that field, entering from Washington. If you can just look at them and confirm that, that is one of the same. A. Yes. Q. Did you bottom out 3Fl 1 while, while pursuing the motorcycle off road? A. I bottomed out but not while off road there. No sir. Q. Where did you bottom out? A. Um, there's either two or three speed bumps on, uh, in the baseball parks next to Cantine Field over there. Q. Is that when and how 3Fl 1's undercarriage damage was sustained? 11 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 A. I'm not sure. Um, I didn't know that there was significant undercarriage damage until recently, uh and going back, that's the only place I can think of, uh, that may have caused that damage. Q. So you didn't bottom out anywhere traversing that field? A. No. Q. Please refence exhibit number two in the binder. Exhibit two is a General 91 Pursuit report dated October 12, 2022, referencing AMS message AMSP 160001 PZF, digitally signed by you on October 13, 2022. Did you author and submit this pursuit report? A. Yes. Q. Is there any information in the pursuit report that's inaccurate? A. Um, the time started and time ended, which would be longer. Q. Is any other information inaccurate? A. No. Q. Referring back to Exhibit one, your memorandum. You wrote, you wrote, "The motorcycle slowed suddenly in an attempt to evade me by making a left turn onto North Street. The motorcycle was struck by 3Fl 1 and came to rest on the north shoulder a/North Street. The operator fled north into a densely wooded area. " Is this correct? A. Yes. Q. Where on North Street did the collision occur? A. It was right at the intersection, uh, North and Market, as he was making the left. Q. Can you describe the intersection of Market Street and North Street? 530 531 532 533 534 535 536 537 A. Um, it's a, it's a ninety. It comes in at a ninety degree. Um, both unmarked roads I believe. Um, and just prior to the intersections, uh limited sight lines. There's a lot of hills right there. Q. Can you describe the road character of Market Street in the direction you were traveling just prior to the intersection with North Street? A. Uh, it was paved. I believe. Q. What is the, the character, the topography of the road? 538 539 540 12 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 A. Uh, hilly, sir. Q. Is it uphill to the intersection or downhill to the intersection? A. I believe downhill. Q. How fast do you estimate the motorcycle was traveling at the time of collision? A. Um, approximately twenty. Fifteen to twenty miles an hour. Q. And how fast do you estimate you were traveling at the time of the collision with the motorcycle? A. Twenty to twenty-five. Q. What was the point of impact on 3F 11? A. The, the push bumper I remember had some damage and the, um, directly below that on the front bumper had some damage. Q. Was that the only visible damage? A. Um I saw, I knew there was, there was more damage. Um, I saw oil and coolant on the ground. Q. And you attributed the leaking oil to the front-end damage? A. Yeah, I, I thought at the time, I didn't realize that there was obviously more damage. I thought that maybe there was an oil line or a coolant line that got hit under the front bumper there. Q. Did 3Fl 1's airbags deploy? A. No. Q. And what was the point of impact on the motorcycle? A. The rear tire. Q. Did the motorcycle sustain rear end damage? A. No. Q. Did the motorcycle collide with anything else other than 3Fl 1? A. Um, I can't remember if it slid into, I don't think it slid into a tree, I think it was right next to 572 573 574 575 576 577 578 579 580 581 582 583 584 585 13 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 a tree. I mean it slid and then tipped over onto the ground. Q. Other than trees, were there any other significant obstructions such as rocks, tree stumps on the north shoulder ofNorth Street where the motorcycle came to rest? A. I don't believe so. Q. How far off the roadway was the motorcycle at its final point of rest? A. A few feet. Not far. Q. Would you characterize your collision with the motorcycle as a minor, moderate or severe collision? A. Somewhere between minor and moderate range. Q. Was the motorcycle rider ejected from the motorcycle? A. No. Q. Did you drive over top of the motorcycle? A. No. Q. After colliding with the motorcycle, did 3Fl 1 come to a stop on the roadway? A. Yes. Q. How far was 3Fl 1 at its final point ofrest from the motorcycle's final point ofrest? A. I don't remember. A few feet. Q. Was 3Fl 1 directly behind the motorcycle at its final point of rest? A. I think so. Yes. Q. In hindsight, given the rear end collision, were you following the motorcycle too closely? A. Yes. Q. Did you collide with the motorcycle at any other time during the pursuit? A. No. Q. Did you intentionally collide with the motorcycle? 14 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 A. No. Q. Were you injured in the collision? A. No. Q. Were you concerned the operator of the motorcycle was injured in the collision? A. No, not with how he jumped off and sprinted off in the woods. Q. Can you just take me through that again please? A. Um, so after our vehicles came into contact, um, he obviously was still on the brakes and he just kind of slid off the road and then one, almost like one smooth motion, um, as the bike was stopping, he just jumped off and started running. Q. Ifl could just draw your attention to exhibit four, which is your SJS, um, Incident Report, Incident #11095144, Incident Type Vehicle-Reckless Driving. In there, you reference checks, uh, documents checked of the hospital for the operator and then in a subsequent entry in your narrative, you also indicate that you asked the parents about the health of their children, um, with regard to that. If you weren't concerned about the motorcyclist being injured, why go to these measures? A. Just because it was a car accident. I mean it didn't appear to me that he had significant injury, but I just wanted to confirm. Q. And you said that you didn't actually chase the motorcycle operator on foot? A. No. Q. Did you request a supervisor and additional units to respond to assist you? A. Yes. Q. And did additional units and a supervisor respond to the scene? A. Yes. Q. Can you identify all those who responded? A. Um, Captain Restivo was there, um, Sergeant Lovgren, Sergeant Bukovinsky, Sergeant Barnett, um, Trooper Hogan, Trooper Benincasa, uh, Trooper Tegeler. I think that was it. And there was, um, a Saugerties, uh, unit as well, uh, Officer Comito, I think. I think his last name is. Q. Do you recall speaking to Sergeant Taylor on your cell phone prior to the arrival of assisting 15 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 units and supervisors on the scene? A. Uh yes. Q. And what did you discuss with Sergeant Taylor during that call? A. He asked me where I was cause they were having trouble figuring out where I was. Q. During that conversation with Sergeant Taylor, you informed him that the license plate on the motorcycle came back to a Rhinebeck address and that that same plate had ran from you before. When were you referring to? A. Um, maybe about a year ago. Um, I re, I recognized the plate. Um, I don't know when I recognized it, whether it was after or before, um, but at that time, I didn't actually even, he just took off from me. I didn't even chase him. Q. So in that instance, a year early, you attempted to stop him? A. Yeah he just took off. Q. And you didn't pursue him? A. Yes sir. And I just remember because we went over to that Rhinebeck address to see if there's anything there. That's why it stuck out to me that it was a Rhinebeck with the fours afterwards. Q. At 10:52 that night, you answered a, a subsequent call on your cell phone and you provided the caller with the motorcycle's license plate number and indicated it returned to Rhinebeck, a Rhinebeck address. You stated, "I don't think it's a legit plate. It's probably off one of his other bikes or something. It's not going to be who the plate comes back to. It's probably going to be his Dad or something. " Do you know who you were speaking to? A. No. Q. Who did you suspect to be the motorcycle operator at that point and time? A. Um I didn't have a suspicion. I just didn't think it was going to be the operator. Q. Of the supervisors who responded to the accident scene, who was the supervisor that conducted the accident investigation? A. Sergeant Lovgren. Q. Did you provide Sergeant Lovgren with a verbal account of the all the facts and 16 tJ 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 circumstances surrounding the pursuit and collision when he arrived at the scene? A. Yes. Um, I didn't tell him about the, uh, off roading or speed bumps however. Q. At the scene, did Sergeant Lovgren ask you, ask you why you were stopping the motorcycle? A. I can't remember. Q. Did he ask you if you had stopped the motorcycle and then the motorcycle then fled? A. I don't remember his questioning sir. Q. Did he ask where you attempted to stop the motorcycle? A. I, I can't remember this sir, I'm sorry. Q. Did he ask you how far you had pursued the motorcycle before colliding with it? A. Sir, I'm really am sorry, I really don't remember the ques, the questions he asked me. Q. Did he ask you had collided with anything other than a motorcycle? A. I don't know. Q. Did you tell Sergeant Lovgren you had started your pursuit, south of the village on 9W? A. Um, I can't remember what I told him about. Q. Do you recall any questions that Sergeant Lovgren asked you about the pursuit or the collision? A. I don't remember the exact questions. No sir. Q. Did you inform Sergeant Lovgren what you had told Sergeant Taylor about the same plate having run from you before? A. No. Q. Did you withhold information from Sergeant Lovgren? A. Um, the only information I didn't tell him was the uh, that I went through that field and the speed bumps, um, but I, I didn't think it was applicable at the time, but I guess the, that's probably how the damage happened. Q. So you told him you had initiated a pursuit in the Barclay Heights area that continued all the 17 ff? 766 767 768 769 770 way back up through the village and on to Market Street until the collision. He was aware of all that. 771 Q. Please reference exhibit three in the binder. Exhibit three is AMS message AMSP160G0IPZF, Titled Division Vehicle PDAA, Pursuit, dated October 12, 2022, and sent by Sergeant Lovgren on October 13, 2022, at 2:01 a.m. pertaining to your pursuit and collision. Have you seen the AMS before? 772 773 774 A. I, I don't remember the details I told him sir. I don't remember exactly what! told him, that night. 775 776 777 A. Yes. 778 Q. Did you see it, uh, the night of the pursuit or the night it was completed? 779 780 781 782 A. Um, I did see it. I'm assuming it was within, within the same time frame as when it was completed. 783 Q. Can you please read the second to last sentence of the narrative that begins, "The pursuit lasted. " 784 785 786 787 788 789 790 791 A. The pursuit lasted approximately one minute, covering approximately one mile, with a top speed of sixty miles an hour. Q. And this information is inaccurate, correct? A. Yes. Q. Did you provide any information to Sergeant Lovgren for him to know that was inaccurate? A. No. Q. So based on what you had told him, he believed that to be true? 799 800 A. Yes. 801 Q. So did you mislead Sergeant Lovgren and claim the pursuit lasted approximately one minute, covering approximately one mile with a top speed of sixty miles an hour? 792 793 794 795 796 797 798 802 803 804 A. Yes. Q. Why did you do that? 805 806 807 808 809 A. Um, I guess the same reason that I, I made those radio transmissions. I was, um, scared about getting in trouble for not calling out the pursuit at the initiation of it. 810 18 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 Q. Prior to today, was Sergeant Lovgren the only supervisor that directly interviewed you regarding the pursuit and subsequent collision? A. Yes. Q. Did Sgt Lovgren instruct you to provide a memorandum containing your written account of all the facts and circumstances surrounding the pursuit and collision? A. Yes. Q. And is that the same memorandum we've referred to today? A. Yes. Q. When did Sergeant Lovgren direct you to provide a memorandum? A. Um, I don't know the date, but I think it was, pretty shortly after the incident. Q. Did Sergeant Lovgren instruct you on what to include in your memorandum? A. No. I mean um, there was some clarification I think at some point, um, that was added, um, but not, not as far as exactly what to put, no. Q. Do you recall what that clarification was? A. I don't. I don't remember. I just think it was something wasn't clear, um, and he wanted me to add more information. Q. Did Sergeant Lovgren instruct you to exclude any information from your memorandum? A. No. Q. Did anyone else give you instruction regarding what to include or exclude m your memorandum? A. No. Q. Did Sergeant Lovgren ever specifically ask you how the undercarriage damage to 3Fl 1 was sustained? A. No. Q. Did anyone ever ask you how the undercarriage damage to 3F 11 was sustained? 19 856 857 858 859 860 Q. Did Sgt Lovgren ever discuss your Body Worn Camera videos related to this incident with you? 861 862 A. No. 864 Q. Did anyone else ever discuss your Body Worn Camera videos related to this incident with 865 you? 866 867 868 A. 869 Q. A. No. 863 870 No. Please reference exhibit four in the binder. Exhibit four is SJS Incident Report #11095144 Incident Type Vehicle-Reckless Driving dated 10/12/22. Did you author this report? 871 872 A. I did. 873 874 875 876 Q. Your investigative report documents that the VIN inquiry of the involved motorcycle identifie , New York as the last owner, who was to be interviewed. Did you or anyone else ever interview Mr. - 877 878 A. Um, yes. We, uh, made a phone call to him, and he said, uh, the last he sold it in 2009. 879 880 Q. Do you know who he sold it to? 881 882 883 A. He said he didn't, he didn't remember. 884 Q. And did you make that call to Mr. - 885 886 A. Um, I can't remember if it was me or if was, uh, Mike Tegeler. One of us called him. 887 888 889 890 And just to be clear, so this is the call to the owner of the motorcycle, not the last registrant on the license plate? Q. 891 892 A. 893 894 Q. 895 896 897 898 899 Yes. The last registered owner, um per the VIN. Did you conduct any other investigative acts to establish documented ownership of the involved motorcycle? A. Um, as far as like who owned the bike sir are you saying yeah so we, we checked the Rhinebeck address, um, I had SP Rhinebeck do that, um, and then they said that individual sold it to someone in Pleasant Valley, um, SP Poughkeepsie checked that address out, um, and that individual said he sold it to, uh, - 900 20 901 902 903 904 Q. But that's the license plate, not the motorcycle. A. Correct. 905 906 907 908 909 910 Q. Pm asking you about the motorcycle itself. So, other than this call to the last registered owner, t h i s - - w h e n he, he, you left it that he told you that he didn't know who he sold it to and that's where it got left? 911 91 2 913 914 915 916 917 918 919 920 921 922 923 924 Q. So your investigative report documents that the license plate displayed on the involved motorcycle was a switched plate that belonged to a different motorcycle last registered to a person in Rhinebeck, New York. A. A. Yes. Yes. Q. Ownership of the uninvolved motorcycle was i n ~ ~ interview of the two previous owners. The current owner was identified as Is this correct? -111111111111111 A. Yes. Q. This isn't the same motorcycle. This is just reference to the license plate? A. Yes. 925 926 927 928 929 930 931 932 Q. On October 17, 2022, you interviewedat SP Kingston regarding ownership of the involved Suzuki DRZ motorc cle, capturing the interview on your Body Worn Camera. During this interview, dmitted that the involved license plate was from a different motorcycle he had purchased. Mr. denied owning or being the operator of the involved motorcycle. He indicated that his brother owns a Suzuki DRZ but did not know if he was the involved operator and did not adnut any knowledge that the license plate was displayed on the involved motorcycle. Is this correct? 933 934 935 A. Yes. 936 937 Q. Did you obtain a supporting deposition from 938 A. No. 939 940 94 1 Q. Why not? 942 943 A. Um, I don't think he wanted to go on paper. Um, it was hard enough just to get him to come in and talk to me. 944 945 Q. Did you ask him to ... 21 946 947 A. No. 948 949 Q. .. ? . ...prov1'dea depos1tlon. 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 Following your interview of potential suspects? did you identify he and his brother as A. Yes. Q. Did you run their criminal histories in the furtherance of your investigation? A. Um, I don't think I ran their criminal history. I just, uh, searched them in our SJS reporting system. Q. Your investigative report documents a query ofsocial media yielding information insinuating was the operator of the motorcycle. What social media did you query? A. Uh, I just looked on, uh, Facebook, and I saw someone had made a post, um, in regards to, urn, a motorcycle fleeing, in Saugerties, and I saw a lot of the comments, wn, and then one individual said that they knew who was on the bike in the comments. Um, so then I, I asked that individual to come down to the barracks to talk, but he also did not want to go on paper. Q. Was there any videos or anything specific that identified the operator? A. No. Q. So did this information definitively identify pursuit? as the operator involved in the A. No. Q. Did you take any action to preserve the content of the social media posts in support of your 977 978 979 980 981 case? A. No. 982 983 984 985 986 987 988 989 990 Q. On October 23, 2022, you interviewed-Ill at SP Kingston regarding social media content, capturing the interview on Body Worn Camera. And what did you learn from this interview? A. Um, he stated he was riding with 1111 on that bike, um, earlier in the day. Pre, just prior to the, to the pursuit. Q. Did this information definitively identify 22 as the operator involved in the 991 992 993 994 995 996 pursuit? A. No. Q. Did you obtain a supporting deposition f r o m - - 997 998 A. No. 999 Q. Why not? A. He did not want to go on paper. Q. Did you ask him? A. I think I did. I'm not positive though. rm pretty sure I did. Q. Your investigative report reflects that on October 23, 2022, you left a voicemail for~ 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOJJ - f o r him to pick up his motorcycle. What was that the intent of your call? A. To have him come in and, have him interview possibly, um, admit to riding the bike in order to, you know ifhe claimed ownership of it and possibly being the operator. 1012 1013 1014 Q. Did he respond to your call? 1015 A. No. 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 Q. Did you inteiview and November 14, 2022, as you documented in SJS? A. Yes. Q. What prompted you to inteiview them? in person at their residence on 1026 A. Um, I wanted to speak to them first of all just to see if, cause I hadn't been able to contact him at all, um, when I went to the house and tried to calling him so I was just trying to find out other contacts to maybe get a hold of him. 1027 1028 Q. And did you ask them about the involvement of either of their sons? 1029 1030 A. Yes. Q. And what did they tell you? A. Uh, I think the dad said I can't talk about that, but yeah he's fine. 1031 1032 1033 1034 1035 23 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 106 l 1062 1063 1064 1065 l 066 1067 1068 1069 1070 1011 1072 I 073 1074 1075 1076 1077 1078 1079 1080 Q. And did you ask them about either, either of their sons having been injured? A. Yes. Q. And what did they tell you? A. They said as far as they knew they were fine. Q. Your investigative report reflects that you re-interviewed on November 14, 2022, and he was insistent neither he nor his brother had ever owned a Suzuki DRZ contrary to what he told you on October 17, 2022. Is that correct? A. Yes. Q. Was this an in-person interview? A. Um. I believe that one was over the phone. I can't, I can't remember though, if that was an in person or on the phone. That one might have been in person. Q. This was the same date you had interviewed his mother and father. A. Yeah. I don't know if that was in person or over the phone. Q. Can you please read your SJS narrative dated January 5, 2023? A. Follow up with-brothers yielded no new information other than continued denial of any form ofownership. During this entirety ofthis case being open, the motorcycle was not reported stolen or lost at any point. No other parties came forward to claim the motorcycle. Q. At this point in your investigation, had you ever interviewed suspected involvement? A. regarding his No, I hadn't been able to talk to him. Q. And at this point in your investigation, were both still both potential suspects? 11111 .and A. Yes. Um, I had someone., was really just the suspect, um, I had another individual, um, tell me that he knew Mark was on the bike cause he went and spoke to him, but that he didn't want to be involved in it whatsoever. Q. And who was that person? A. Uh,11124 l08l Q. And how do you know- A. He was a local, ah, Saugerties kid. 1082 1083 1084 1085 1086 1087 1088 1089 1090 Q. So other than a conversation he had withlllll did he have any other evidence to ofter you to establish thatllll was the operator? A. No. Q. Did you have probable cause to charge either of them at that time? A. No. 1091 1092 1093 1094 1095 Q. Did Sergeant Lovgren provide you with any direction or instruction regarding your follow up investigation into the identity of the motorcycle operator? 1096 1097 1098 A. Um, not more than just you know keep working it and that I didn't have enough to charge him at the time. 1099 1100 11 oI ll02 1103 1104 1105 1106 1107 ll08 1109 1110 1111 1112 1113 1114 1115 1116 IL 17 l I 18 I 119 1120 Did any supervisor provide you with any direction or instruction regarding your follow up investigation into the identity of the motorcycle operator? Q. A. No. Q. Did Sergeant Lovgren assist you in performing any investigative acts to identify the motorcycle operator? A. Um, I think he did the, the VIN check for me. The vehicle check. Did you ever reach out to any supervisor to request guidance on how to proceed with this investigation? Q. A. No. Q. What prompted you to contact months after the incident on January 19th? probation officer, Kristine Lane, three A. Um, I realized that he was on probation and that I realized that they have to have a way to contact them and they have to be responsive to, to, uh, probation. So I realized that would be a way to get a hold of him. l I21 1122 1123 I 124 1125 Q. How did you learn he was on probation? A. Um, when I was doing one ofmy follow ups, I ran him and, um, the county system and I saw that he was on probation. 25 ll26 1127 l l28 1I29 1130 1131 1132 1133 ll34 1135 ll36 1137 1138 1139 1140 1141 1142 1143 1144 l 145 1146 1147 1148 1149 1150 1151 1152 1153 l 154 1155 1156 1157 l 158 1159 1160 1161 1162 1163 1164 1165 1166 1167 I 168 1169 1170 Were you directed by Sgt Lovgren to contact Ulster County Probation to facilitate an interview o f - Q. A. No. Q. Were you directed by any supervisor to contact Ulster County Probation to facilitate an interview o f A. Uh, no, but 1 did advise the supervisors that, uh, that's what I was doing. Q. Who did, who did you tell that to? A. Um, Lieutenant Davis, and I'm trying to remember the other supervisor. One of the sergeants. I can't remember. Q. And when did you tell them that? A. Prior to me, whatever day the, uh, I think that was a Monday, so I think it was \Vednesday or Thursday I probably told them I was gonna do that one day, cause I remember I had to get my shift adjusted in order to that interview so I had to ask for that adjustment. When I interviewed Probation Officer Lane, she stated to me that when you contacted her on January 19, 2023, you informed her of the pursuit and collision and that you were getting pressure to close your investigation and had potentially identified as the motorcycle operator. You asked her to facilitate an interview o \Vere you being pressured to close your investigation? Q. A. Urn, not any more than a normal investigation. Like finish, figure, close it out, figure it out. Q. And who was pressuring you to close your investigation? Um, I don't know if I, I just felt the pressure to close it, I don't know if it was a direct someone pressunng me. A. Q. Probation Officer Lane also stated that after you informed her of the pursuit, collision and your suspicion of involvement, she advised you that had been treated in the Kingston Hospital Em~rgency Room for a leg injury requiring stitches on October 13, 2022, which he did not report to her office until one week later and attributed to a wood chopping incident. Do you think it was a possibility this injmy may have resulted from the collision with you? A. Yes. Q. Did you attempt to investigate the injury any further? 26 1171 A. No. Q. Did you share this information with Sergeant Lovgren or any other supervisor? A. Um, I believe I told Lieutenant Davis about that. 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 ll83 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 11 94 1195 Q. Your investigative report reflects that you interviewed at Ulster County Probation on January 23, 2023, 5:30 p.m., and issued him uniformed traffic tickets. How long was the interview? A. Probably about fifteen minute, ten minutes, fifteen minutes. Q. Was Probation Officer Lane present for the interview? A. Um, the start and then she left. Q. Did you ask A. Ifhe owned it? Uh, yeah he, he wasn't really talking much. Q. So, what was his response? if he owned the involved motorcycle? A. He said, he, I'm trying to remember the exact words he said, but somewhere along the lines that he did but he had no interest in picking it up, cause I was asking if he wanted to come to the barracks and come get his bike and he said, yeah no I'm not, I'm not going to do that. 1196 1197 ll98 Q. Did you ask 1199 A. Yes. Q. What was his response? A. He said that it was from splitting firewood. Q. Were you directed by Sergeant Lovgren to ticket 1207 1208 A. Um, I don't, I don't think I was directed and told to ticket him, no. 1209 Q. Were you directed by any supervisor to ticket Mark, 1200 1201 1202 1203 1204 1205 about the leg injury he was treated for on October 13, 2022? 1206 1210 1211 1212 1213 A. No. I think I was told to, um, you know, you need attach a name to this incident, you know figure out who was on the bike. 1214 Q. And who told you that? 1215 27 1216 A. I can't remember who said that sir. Q. Did you determine you were going to issue tickets to 1217 before you interviewed 1218 1219 1220 him? 1-221 A. Um,yes. Q. And had you printed the tickets you ultimately issued to him before you met-with him? A. Yes. 1227 1228 Q. Did you tell Sergeant Lovgren you were going to ticket 1229 1230 A. Um, I don't think so. 1231 1232 Q. What were the vehicle and traffic law violations you cited on the tickets? 1233 A. Um, I wrote him for ... 1234 1235 1236 Q. You can reference it exhibit six in the binder ifyou want. 1237 1238 A. Improper no signal, and then the speed not reasonable and prudent. 1239 Q. Why didn't you charge unlawfully fleeing a police officer in a.motor vehicle in the third degree and issue tickets for the myriad of other involved offenses, including leaving the scene of a motor vehicle accident, aggravated unlicensed operation, unregistered motor vehicle, and uninsured motor vehicle? 1222 1223 1224 1225 1226 1240 124 l 1242 1243 1244 1245 A. Um, I'm not sure why I, I should have, I guess, I guess I thought, like I don't really have enough to charge him criminally. Um, which is stupid, cause Ws the same standard for VTL. 1246 1248 Did you not charge him for all those other offenses to maintain the story of a pursuit that was very short in duration and confined to a very short distance? 1249 1250 A. 1247 Q. No, I would have written him all of those. 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 Q. Following the interview, did you inform Probation Officer Lane you had issued uniform traffic tickets to A. Yes. Did you in, did you infonn her sorry, did you inform her that i throughout ,the interview? Q. had maintained, or, I'm had maintained he was not involved in the incident 28 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 A. Yes. Did you inform her that i ~ were to plead not guilty the tickets, they would be dismissed, because you couldn't prove he was the motorcycle operator? Q. A. I can't remember what I told her about the tickets, no. Q. What probable cause had you developed identifying A. Just people telling me he was on the bike basically. Q. So you didn't have probable cause ... inaudible A. No sir. Q. So then you shouldn't have issued any traffic tickets, conect? A. Correct. as the operator? Q. Are you aware BWC recordings capture thirty seconds of pre-event recording upon activation? A. Yes. Are you aware it is Division policy that Body Worn Cameras must be activated: Immediately before exiting a patrol vehicle to interact with a person or situation? Q. A. Yes. All arrests and summonses, all interactions with people suspected of criminal activity, conduct investigative actions where there are interactions with members of the public? Q. A. Yes. Q. Did you review your Body Worn Camera videos, while you were at the accident scene? A. Um, I don't, I don't know. I don't think so. Q. Do you recall playing your Body Worn Cameras for anyone else? A. No, I didn't. Unless for some reason a sergeant was asking for it, but I don't think I did. Q. When did you review your Body Worn Camera videos relative to this incident? A. In depth, it was when you told me to, sir. As far as looking at it briefly, I, I would have to 1302 1303 1304 1305 29 1306 look at the audio trail to get the exact date. I don't remember. 1307 1308 1309 1310 13 l l 1312 13 13 1314 1315 1316 1317 13 18 13 19 1320 1321 1322 Q. So you didn't review any of these in preparing your memorandwn or the vehicle pursuit report? A. Um, I probably looked at maybe some of the times, um, but as far as like in depth watching that, almost hour long video, that was, that was, uh, prior to this meeting, sir. Q. Why didn't you activate your Body Worn Camera to document you interview o f -and A. I didn't. I don't remember that. Are you aware it is Division policy that upon activation ofBody Worn Camera, recording the Body Worn Camera must continue in event mode unin, uninterrupted until the member's interaction with the public has concluded? Q. Yes. 1323 A. 1324 1325 1326 Q. Why then did you manually deactivate your Body Worn Camera after it had been activated while pursuing the motorcycle? 1327 1328 A. Um, at that time I thought I was going to stop pursuing. Q. But you didn' t. A. Yes sir. I did not. 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 Q. There was a total of five Body Worn Camera recordings captured by your Body Worn Camera related to your pursuit and collision with the motorcycle on October 12, 2022, and subsequent follow up investigation. Of those five, you categorized and added SJS Incident 11095144 to only the last four Body Worn Camera recordings chronologically. You failed to do the same to the first Body Worn Camera of the series, which captured the moment you activated 3Fl 1 emergency lights to effect .the traffic stop of the motorcycle and the pursuit began. Why didn't you cat~gorize and identify this Body Worn Camera recording in the same manner as the others? 1341 Um, I'm not sure why I didn't do that sir. That should have been part of the same incident along with any of their interviews. 1342 1343 1344 1345 1346 A. Q. Did you do this to conceal the extent ofthe pursuit and maintain the story you had proposed? 1347 A. Yes. 1348 1349 1350 Q. Alright, we are going to take a break now. The time now is 11: 11 a.m. 30 We're back on the record at 11 :20 a.m. 1351 1352 1353 1354 1355 1356 1357 1358 1359 Trooper Strickland, if you would please, uh, once again take me through the, uh, portion of the pursuit where you drove off road, and that was at I, 115 Main Street is the address. 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 A. So it's um, there's a paved driveway and then thattums to the right and that paved driveway kind of turns into a, a, a very flat field. Um, and that field leads to a Lafayette Street, on the other side. 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 A. Yes. Q. ... where you drove off road. Can you describe the field for me? Q. And when you drove across that field, you were pursuing the motorcycle, correct? A. Yes. Q. Did you strike anything when you drove across that field? A. No. It was, it was pretty smooth, um, I didn't feel like I was getting bogged down or there was rough terrain, actually, it felt smooth, um, but there is on the other end of that field, um, a curb onto Lafayette Street. It's not like, it doesn't go up, but it does drop down onto Lafayette, maybe about four inches or so. Q. Did you bottom out the car transitioning from the field back onto Lafayette Street? A. Um, I can't remember. I did feel like I went back onto the road though. Q. And can you just clarify that response. A. So I mean I was probably doing thirty, forty miles an hour, so I didn't, it's not like I smashed the front end, I probably, like, yeah I don't know how to exactly describe it, like, landed back on the road a little bit. Q. 3Fl sus, 3Fl 1 sustained considerable undercarriage damage, so much so, that it would be indicative of you realizing, you know, that, that type of impact, of bottoming out. Is that ... A. The, I know I definitely bottomed out on the speed bumps for sure, going through Cantine Field, um, I don't think I hit anything in that field, um, going through there, no. Q. And you didn't share any of that information with Sergeant Lovgren. Correct? A. No I did not. Q. Did you share that with any other supervisor? 31 1396 1397 1398 1399 1400 140 l 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 I 425 1426 1427 1428 1429 1430 1431 1432 1433 1434 A. The speed bumps and the field. No. Q. When you reached out to probation to facilitate the contact with indicated that you had checked through the county system and found out he was on probation. has been on probation for a considerable amount of time, you had not become aware that he was on probation any earlier than that? A. I hadn't, no. Q. Were you being pressured to close your investigation and to issue tickets to A. I wouldn't say I was pressured to issue tickets. I did feel pressure to close it out, urn, and I don't remember who, cause I was speaking a bunch of supervisors at the time, but someone did tell me, like you should, there's been a lot of damage, you should probable attach a name to that. Q. Can you tell me who all these supervisors were? A. Um, it would have been, the only three I was speaking to, in regards to this incident would have been Lieutenant Davis, uh, at the time Sergeant/Station Commander Taylor, and um, Sergeant Lovgren. Q. And this, this was around the January 19 date when you were contacting probation? A. And prior to that. And just to clarify one thing about me writing those tickets, um, it did go into my probable cause somewhat, is that I had it when I spoke to um Parole, uh, PO Lane, she asked me like when I initially made the phone call to her, she asked me she said, um, what was the date on this? I told her and she said hmm, that's interesting because he checked himself into a hospital for a leg injury, so that was in the back ofmy mind that, that, that he did. I did know of the injury prior to issuing those tickets. Q. So, throughout, you've never shared with any supervisor, any facts to lead, to make them aware of the pursuit being anymore than one minute, one mile ... A. Nol.. Q. ...confined to Market Street? A. I don't think so, no. Q. Is there anything you would've done differently on October 12, 2022? A. Yes. Q. What? 1435 1436 1437 1438 1439 1440 32 144 1 1442 1443 1444 1445 1446 1447 1448 1449 1450 145{ 1452 1453 1'454 '1455 1456 A. Um. a number of things l would have. tall it out immedfately, um, knowing how low those cars are, 1 probably wouldn' t have gone through that field because of, especially cause ofthe dropoff and then uh, just gotta slow down more for things like speed bumps and that sort of stuff, um, obviously I wouldn't have turned my body cam off. Q. Would you have maintained the use of aJI your emergency lighting and sirens'? A. Yes. Q. l have no more questions at this time. ls there anything further that you would like to add? A. No. Q. The statement is now concluded. The time is 11 :25 a.m. 1457 1458 I have read this statement consisting of thirty-three (33) of pages and affirm that jt is true to the best of my knowledge. I have placed my initials on the bottom of each page and next to each correction and 1 signed it below. Signed before me lhi St½ day of _ __._/\1--'---'➔t'---' 2023. e<f{£E~~ TrooperliasE. Strickland 7.3 OCJ 33 4 w State ~TE Police RK STEVEN A. NIGRELLI Acting Superintendent KATHY HOCHUL Governor March 20, 2023 Saugerties Village Justice Court 43 Partition St. Saugerties, NY 12477 Justice Stanley O'Dell Jr., I respectfully request the following Uniform Traffic Tickets issued by Trooper Elias Strickland be dismissed for lack of cause: Offense VTL 1180A VTL 11630 E. Offense Date 10/12/22 10/12/22 Kindly send me a certificate of disposition for my records. Please contact me should you have any questions or concerns. I may be reached ~ 1111 Sincerely, Captain Mark A. Nielson New York State Police -Troqp F, 55 Crystal Run Road, Middletown, NY 10941 I www.troopers.ny.gov CERTIFICATE OF DISPOSITION STATE OF EW ~ORK ULSTER COUNTY SAUGERTIES VXLl.iAGE COURT CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK vs . Defendant CASE NO: 23 0 1 003 1 Date of Birth~ Dat e of Arrest = Arraignment Date: 01/23/2023 02/ 1 3/2023 TH!S rs TO CERTIFY that the undersigned has ~xamined. '.:he fil e s of t h e Saugerties Village Court concerning th-e above entitled matt€r and finds the follow i ng: Original Disposed Cha e Cha~ e VTL VTL 11800A 1180 OA VTL VTL 1163 OD 1163 OD Di~ osition Sentence/ Dis . Date Dispo.04/03/2023 Dismissed Dispo.04/03/2023 01 Dismissed Seal Type: CPL 160.50 Dated: The 5th day of April 2023 GEORGETTE R HUGHES,' Courl Cieri< CAUTION; THIS DOCUMENT IS NOT OFFtCfAL UNLESS EMBOSSED WITH THE COURT SEAL * Weight of Charge: VNio!ation, I-Infraction, M-Mlsdemeanor, F•Felony Fine/Fees DCN2023-0020, Digital Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 3F1 l AVL E~5 SP Highland Telephone Logger E-1 l Saugerties PD BWC E-13 Saugerties PD Telephone Logger E-14 Cantine field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement £-35 Strickland Target Statement 1::.-37 Lovgren Target Statl:'Ul~tH E-40 Facebook Video J. - I MEMBER TARGET - NON-CUSTODIAL INTERROGATION 2, 3 4 5 6 7 ij ST ATE OF NEW YORK COUNTY OF ORANGE TOWN OF W ALLl(ILL April 4, 2023 10 11 12 This Statement is taken from Sergeant Eric P. Lovgren, Jr., at Troop F Headquarters on April 4, 2023, by Captain Mark A. Nielson, commencing at 11 :52 a.m. 13 14 15 16 The letter "Q" will denote questions asked by Captain Mark A. Nielson. The letter ..A" will denote answers provided by Sergeant Eric P. Lovgren, Jr. The letter "S" will denote questions asked by Attorney Dan Strollo. 17 18 19 20 21 Q. The purpose of this interrogation is to inquire into'Youractivities as a Member of the New York State Police. Specifically, it has been alleged that you conducted an inadequate investigation of a motor vehicle accident involving a Division vehicle operated by Trooper Elias E. Strickland on October 12, 2022. 22 This interrogation is being conducted pursuant to the Article 16 of the current New York State Troopers PBA Collective Bargaining Agreement and the Regulations of the New York State Police, including 8A3 and 8Al 5. 23 24 25 26 You have the right to contact and consult with a union representative or attorney before being interrogated, and to have a union representative or attorney of your choosing present · ·during the interrogation. Do you understand this? 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Yes. Q. You are not under arre:st. However, Article 16 and the applicable Regulations require you to cooperate and answer truthfully questions relating to the allegations. A refusal by you to cooperate or to answer questions, or a failure to answer any questions truthfully, may result in disciplinary action against you, up to and including the termination of your employment. Do you understand this? A. Yes. Q. You are entitled to all the rights guaranteed by the State and Federal constitutions. As this is an involuntary statement, your responses during this interrogation are automatii;ally cloaked with criminal immunity. Accordingly, neither your statements nor any innJrmation or evidence that is gained as a result of, or in reliance upon, this interrogation can· be used by a 40 41 42 43 44 police or prosecutorial entity against you in support of a criminal proceeding. Do you understand this? 45 46 47 . 48 49 50 51 52 53 54 55 56 57 A. Yes. Q. Are':you being represented at this time, and if so, by whom? A. Yes. I'm being represented by my PBA Delegate Sergeant Eric Terraferma and attorney Dan Strollo. Q. You were advised on March 13, 2023, of the matter being investigated and that it would be necessary for you to give a statement concerning this matter, is that correct? 58 A. Yes. Q. I am Captain Mark A. Nielson, and as a supervising officer and representative of the Superintendent, I am authorized to conduct this interrogation. This interrogation is being recorded digitally at Troop F Headquarters. A full transcript will be.prepared, and you will be provided with a copy of the recording or will be afforded an opportunity to cause a duplicate of this recording to be made for your future use. You will be given the opportunity to v/ew the written transcript from this recording upon completion to ensure its accuracy and wi!Jl;also be provided with a full copy of the transcript, subsequent to your signature. Do you understand this? 69 70 A. Yes. 71 72 . 73 Q. Also present in the room is Sergeant James Bodisch. Do you understand this? A. Yes . Q. The record will note that you are present in response to a direct order. Sergeant Lovgren, you will now be asked questions relating to the performance of your official duties and you are required to answer these questions. If you decline or refuse to answer any questions, you will be ordered by me to answer. If you then continue in your refusal to answer, disciplinary action will be initiated charging you with disobeying a lawful order. This disciplinary action could result ln the termination of your employment with the Division of State Police. You will be permitted during this statement to take breaks when reasonable and appropriate. Ha'.jng . been advised of the above, are you now ready to proceed with this interrogation? . ·,i): 59 60 61 62 63 64 65 66 67 68 74 75 76 ·77 78 79 80 81 82 83 84 ., A. Yes. Q. Please state your full name and rank. 85 86 87 88 ( A. Uh, Eric P. Lovgren, Jr., Sergeant, State Police. 89 2 Q. What is your date of entry with the Division of State Police? 92 A. February 16, 2008. 93 94 95 Q. What is the location of your current assignment? 96 A. It's ah, State Police barracks in Highland. 98 99 Q: on· October 12, 2022, what was your rank, and assignment? 100 A. Uh, Ser.geant for SP Kingston. 102 103 104 105 106 107 108 109 110 Ill. 112 I 13 114 Q. At that time, how long had you been supervising as a sergeant? A. Approximately ten months. Q. Were you working on October 12, 2022? A. Yes. Q. What shift were you working? A. I believe it was athree C. 90 91 · 97 115 116 117 118 119 120 121 .122 123 124 125 126 127 128 Q. On October 12, 2022, a,tapproximately 10:30 p.m., Trooper Elias Strickland reported he was involved in a pursuit with a motOrcycle that concluded when the Division vehicle he was operating, 3Fl l, collided with the motorcycle and the motorcyclist fled on foot. Do you recall this incident? A. Yes, Q. How did you become aware of the pursuit and the collision? A. Initially I heard some radio chatter. Q. And do you recall that the, the radio transmissions and what they consisted of? A. It was broken. I, it was very hard to unde~tand; um, what was going on what sounded like possibly a pursuit was going on. 130 Q. On October 12, 2022, at 10:30:29 p.m., Trooper · Strickland made this initial radio transmission, "Just had a dirt bike or motorcycle take offfrom me on a traffic stop. - 131 Gonna be north ofSaugerties. I'll get you a locatio,.n not, uh, no lights,following with·no lights. " · 129 A . . 132 Tx 1 Strickland.WAY 3 . '.., ' 133 134 )35 , 136 137 138 139 140 141 142 143 · 144 145 146 147 148 149 i5o )51 j52 153 154 155 156 157 158 159 160 161 162 163 164 165 · 166 167 · 168 169 170 171 172 173 174 175 '176 177 Did you hear that radio transmission? A. No. Q. Fifyy, seconds later, Trooper Strickland made a second radio transmission, "3Fl 1 Highland. mileage. lt~s gonna be Market Street Extension and North Street. North ofSaugerties. ifyou can get me some more units. Can you also, uh get a supervisor, uh damage to the Troop car. " Did you hear that radio transmission? A. I heard pieces of that. Q. At the time you overheard these radio transmissions, or you heard radio transmissions from - Elias Strickland, where were you? A. At the _barracks in Kingston. Q. • Who else _was present at SP Kingston at that time? A. I, I don't recall. Q. Whit, if any actions, did. you take .in response to learning of the incident? ~- A. I got up and went over to the. radio, um, to see if there was going to be any further transmissions. Q. Did you respond the accident scene? A. Yes. Q. Who was present at the scene upon your arrival? A. Um, when I first got there, Trooper Strickland was there, and I'm not sure who was, I mean I know ,there was other troopers there, but I don:t know who specifically was there when I first arrived. I, Trooper Benincasa was there. Trooper.Hogan was there but I don'.t, I can't tell you for sure if they were there right when I first got there or not. Q. Are,you.aware of other supervisors arriving at the scene? tJ .t A. Yes'. Q. . And who, which supervisors would they be? A. Uh, Captain Restivo, um, had come to the scene . 4 178 179 180 I8 I 182 1,83 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 j Q. What did he do at the scene? A. Um, he proceeded to, um, go bolo for the suspect vehicle, since he was in an unmarked, to see if he could find him in the nearby area. Q. What did you do when you arrived at the scene? A. I debriefed Trooper Strickland.· Q. What did Trooper Strickland tell you when you arrived on the scene? A. Um, he told me he initially saw the vehicle, nine, the motorcycle 9W in the area of, it's the Bishop's Gate, um, heading northbound, um, he went to tum around on the vehicle and by that, as he came up approaching the vehicle towards the Stum where Birch Street is up there, he had initiated his lights at that point to start to stop the vehicle but upon approaching that intersection, he told me he thought it was unsafe to stop the car in that area or push the car, pursue the car through that area so he deactivated his lights and then upon exiting the Village of Saugerties area(: he said he reinitiated his lights and that's when the, he had the pursuit that went down Market Street and t\lat's when he called in the pursuit. Q. So Trooper Strickland told you that he did not initiate a pursuit after he first encountered the motorcycle. Is that correct? 201 202 203 204 205 206 207 208 209 210 2I I 212 213 214 215 216 2\7 218 219 220 221 222 A. We discussed that. I asked him if he, um, was pushing, if he felt like he was pushing the vehicle prior to-getting into the village, and he said no, so we, we didn't think that that was a pursuit at the time. Q. How long after he initiated his lights, did he shut them off? A. He said it was for like a quarter mile or so. He didn't say it was a long period of time. Q. So based on your understanding, you believe that the pursuit was not initiated until both vehicles were on Market Street in Saugerties? , A. Yes. ' Q. Did Trooper Strickland ever tell you that during the pursuit, he had pursued the motorcycle offroad? A. No. Q. Did Trooper Strickland ever tell you that the same motorcycle had ran from him before? A. No. 5 223 224 225 226 727 228 i29 230 231 232 233 234 235 236 237 238 239 240 24 1 242 243 Q. Did you ever become aware that Trooper Strickland, um, strike that. Did you ever become aware that Trooper Strickland had collided with something other than the motorcycle during the pursuit? A. No. Q. Did you ever ask Trooper Strickland why he was stopping the motorcycle, and if so, what did he say? A. ~ Uh, for V and T violation. Q. And do you know what vehicle and traffic violation? A. · I,.I don't recall. Q. Did you ever ask Trooper Strickland ifhe had stopped the motorcycle and the motorcycle then fled, and if so, what did he say? · A. · He, say, say that again. 244 245 246 Q. Did you ever ask Trooper Strickland if he had stopped the motorcycle and the motorcycle then fled? 247 248 A. ~9 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Um, I didn't ask him that question. No. I · Q. And you had not, you had already previously said, you had not heard that initial radio transmission, uh, from Trooper Strickland where he stated, I just had a dirt bike or motorcycle take off from me on a traffic stop? A. It, the radio transmission was very broken at Kingston at the time. Q. Did you ever ask Trooper Strickland how far he had pursued the motorcycle before colliding with it and if so, what did he say? A. Um, he said on the duration there on Market Street to, uh, North Street I believe it was the road where the collision occurred. Q. And did you ever ask Trooper Strickland ifhe activated his emergency lights and sirens and if so, what did he say? A. He said he had his lights on. 6 268 Q. Did you ever ask Trooper Strickland ifhe pursued the motorcycle without his lights as he had stated in his radio transmission? 269 210 A. No. Q. How was 3Fl I and the motorcycle positioned relative to one another at the accident scene? 267 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 A. When I first arrived, the motorcycle was facing into the woods on North Street with 3FI I directly behind it. Q. What did you determine to be the point of impact on 3FI I? A. Uh, the front push bar. Q. Did 3F 11 sustain front end damage? A. Yes. Q. What was the extent of the visible damage sustained by 3FI I? A. Um, it looked like the push bumper was bent a little. Um, the bumper may have been slightly off center and then I can see there was some undercarriage damage. Q. What did the undercarriage appear to consist of? A. Um, .one of the protective coverings was hanging down and I could see it·was leaking oil. Q. Did 3 F 11 's airbags deploy? A. No. Q. What did you d_etermine to be the point of impact on the motorcycle? A. It looked like it was just the rear, cause there was no damage, to, the, most of the motorcycle so, and it also hit the tree so, it was hard to determine ifthere was any scrapes or damage as a result of the accident with the tre_e or hitting 3FI I. Q. Did the motorcycle sustain rear end damage? A. Um, very minor. It was hard to determine how much damage there was on the motorcycle cause there was scratches, and stuff on it. Q. So was the extent of the visible damage sustained by the motorcycle, simply minor scrapes? 7 I) A. He had said he hit the motorcycle in the rear tire, so based on that description, the damage that I was seeing was matching up with where he had said he had impacted the motorcycle. 311 312 313 314 315 316 317 318 319 320 321 ' 322 323 324 325 326 327 328 329· 330 331 332 333 334 335 336 A. Um, I don't, I don't think I observed any roadway evidence. There, there was a cut in the roadway right t~ere, um, which Trooper Strickland said he slid on, um, as he was trying to tum onto North Street, but that was, as far as any road, the roadway evidence, no. 337 338 Q. ~39 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 Q. So you understood the point of impact to be there rear tire? A. Yes. Q. Did the motorcycle collide with anything else other than 3Fl 1? A. Yes. It looked like it struck a tree. Q. And was there damage to the motorcycle, front, what part of the motorcycle struck the tree? A. Eh, I would assume the front of the motorcycle, based on where, how it was laying. Q. Did/you note, uh, front end damage to the motorcycle? A. There did not appear to be, um, very minor damage to the front scratches, again, um, there wasn't heavy damage to the tree either so it looked like the motorcycle did not impact the tree very fast. Q. What roadway evidence did you observe? Can you explain a cut in the roadway? A. So, where North Street met Market Street or it turns in to Canoe Street right there at that intersection, there's uh, there was a groove part in the roadway like the highway department would do like wheh they're getting ready to repave a road, um, and that was all the way across the road and Trooper Stiickland had stated to me that when he was trying to slow down, his car slid when it encountered that grave~rough area, and that's what caused him to slide into the motorcycle. Q. Other than tree~ere there any other significant obstructions such as rocks, tree stumps on the north shoulder of North Street where the motorcycle came to rest? A. I don't think so. Q. Was there evidence at the accident scen_e indicating that 3Fl 1 had driven A. No. Q. How far off the roadway was the motorcycle at its final point of rest? 8 off the roadway? 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 A. A couple feet. Q. Would you characterize the collision involving 3Fl 1 and the motor motorcycle as a minor. collision? A. That's what it seemed like. Yes. Q. Did you ask Trooper Strickland if the motorcycle rider, uh, was ejected .from the motorcycle? A. I don't remember if! asked him that qm,stion or not. Q. Did you ask Trooper Strickland ifhe had, ifhe drove over top of the motorcycle? A. ,Um, I didn't ask him that either. Q. Did you ask Trooper Strickland ifhe intentionally struck the motorcycle? A. No. 372 373 374 375 376 377 • 378 379 380 381 382 383 384 385 386 387 388· 389 390 391 392 Q. Did you ask Trooper Strickland ifhe collided with the motorcycle at any other .time during the pursuit? / A. No. Q. Did you ask Trooper Strickland ifhe collided with anything else during the pursuit? A. No. Q. Did Trooper Strickland tell you he had chased the motorcycle operator on foot following the collision? A. Yes. Q. Did you direct Trooper Strickland to provide a memorandum containing a detailed written account of all the facts and circumstances surrounding the pursuit and collision? 393 394 A. Yes. Q. When did you direct Tpr Strickland to provide a memorandum? A. .On scene. Q. Did you instruct Trooper Strickland on what to include in his memorandum? 395 396 397 398 399 400 9 401 ' 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 ,,417 418 '• 419 420 42L 422 A. I had told him, I need, he needs to give me a memo for the pursuit and the cause of the accident. Q. An4, you provided this instruction orally or in writing? ,J . A. Orally. Q. Did you instruct Trooper Strickland to exclude any information from his memorandum? A. He had in his memorandum a sss, a statement about, he is, he was ta, trying to terminate the pursuit, and he was trying to turn the lights off when he slid into the motorcycle. S. So, just to' interject here, he, right now, he is asking you about the initial instruction. Ok. A. The initial instruction. s. That you gave.him on scene to give the memo. A. Oh, no I, we didn't. f: . Q. We.fl no I meant, I'm asking about the memo, overall, about. 424 425 S. Ok I just want the sequence of events to be, to be clear on the record though. 426 Q. So I mean at any time, S. Ok. Q. Did you give _him any instruction as far as what to include or exclude from his memorandum? 423 427 428 429 430 431 432 433 434 435 A. So there was, he had a statement about, he was, trying to tum the lights off, which is why he slid into him and then, when the memo went in for submission it got kicked back and they wanted that statement removed or I had to add it to the adminreport. So we ended up removing it from his ,memo. 436 437 Q. Wh1c1t, who is they? {, 438 J 439 440 A. Lieutenant Davis. 441 442 Q. And was an explanation for that provided to you? 443 A. No, he, he, the Lieutenant was like yeah if it's gonna be in his memo, it has to be in the admin report or it's not in his memo. It's either not pertinent or it needs to be in the admin report. 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 Q. Please reference uh exhibit three in the binder. Exhibit three is Mis message AMSP160G01PZF, Titled Division Vehicle PDAA, Pursuit, dated October 12, 2022) and sent by you on October 13, 2022, at 2:01 a.m., pertaining to the pursuit and collision. This was enclosure two in your administrative report. Does this AMS message accurately reflect what you understood to be the facts and circumstances of the pursuit and collision that night? A. Yes. Q. Over the course of your career, how many rear end collisions would you estimate you have investigated? A. As, as far as being a sergeant or you're talking about like trooper wise as well? Q. Just, regular old, rear end collisions as a trooper, as a sergeant, out on the street .. A. I would assume probably at least a hundred. Q. How many Division vehicle collisions have you investigated as a Sergeant? .'; A. I believe this was my third. Q. In your experience, do minor rear end collisions like the one we're discussing cause extensive undercarriage damage? A. Not typically. Q. Please refer to exit, uh, exhibit five in binder. Exhibit five is the damage repair estimate in the amount of $11,220.40, prepared by Troy's Auto body regarding the damage sustained by 3Fl I. It reflects a print date of October 21, 2022. This was enclosure seven in your administrative report. · Did you obtain this damage repair estimate from.Troy's Autobody for 3Fl 1? A. Yes. Q. How did you receive it? ·',t f A. Email. Q. Did you review the estimate? A. Yes, Q. Was the extent of the cited damage in need of repair consistent with a rear end collision and what you ·expected based upon your investigation at the scene? A. It was a little more. 11 491 492 493 494 Q. Were you suspicious of the undercarriage damage? s. When? Q. When you received the estimate. A. No. il95 196 497 ' 498 499 500 501 502 503 504 505 · 506 507 508 509 510 511 ~ 12 ~ 13 ~ I4 515 Q. Lin~s thirteen thru thirty-five on the estimate, all pertain to damage that resulted from an_ undercarriage impact. Did that stand out to you? A. No. Q. Did you inspect and photograph the undercarriage damage to 3Fl 1 after receiving the estimate? . A. No. I had Bill's do that. Q. You had Bill's do what? A. Uh, they took pictures of the undercarriage when they took the car back to their shop that night. I asked them to. If they could snap some pictures of the undercarriage when they put it up on the lift. 516 517 Q. So that was prior to getting this estimate from Troy's Auto body? 518 A. Yeah, that was that night I had made that request to them that night. Q. And where are those· pictures? A. The; they're included in the, some of those pictures are in, the pictures that were submitted. Q. With your administrative report? 519 520 521 522 523 524 525 526 527 '.· A. I believe so. I'd have to review them. I took several pictures. Not all of them are in the administrative report, but they're all saved on the share drive, every picture that was taken. 528 529 530 531 532 533 534 Q. So you have photos that were taken by Bill's Automotive of the undercarriage damage the night it was towed from the scene. A. They were taken I believe the next day or two days later and then were forwarded to me. Q. And that was at your direction? i 535 12 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 A. Yes. Q. Did you ever interview, uh, the repair technician at Troy's Autobody regarding the undercarriage damage? A. No. Q. Did you interview anybody at Bill's specifically with regard to the undercarriage damage? A. I had talked to, um, the guy who towed the car that night asking him about the damage with the push bumper if he had ever seen it cause that damage with the front of the car to which he said the bumper does weird things when it's impacted that push bumper. Q. And who was the tow driver? A. Uh, Mike Ferry. Q. In hindsight, do you think you should have personally inspected the undercarriage of the car? A. After watching the BWC, yes. Q. Did you ever ask Trooper Strickland how the undercarriage damage had occurred? A. I don't remember asking him that question. Q. Why wouldn't, why wouldn't you have asked him about the undercarriage damage? A. I didn't ask him because I was thinking it was caused the one flap had fallen down from getting dislodged from the impact. I wasn't thinking it was from an off-road incident '1 Q. Did you advise any of your supervisors about the undercarriage damage? A. No. Q. Why not? A. I didn't think I needed to. Please refence exhibit two in the binder. Exhibit two is a General 91 Pursuit, uh, report dated October 12, 2022, referencing AMS message AMSP160G0IPZF, digitally signed by you on Oc, November 1, 2022. This was enclosure five in your administrative report. Did you review the pursuit report prior to signing it? Q. A. Yes. 13 581 582 583 584 585 586 587 588 589 Q. What, if any actions, did you take to verify the accuracy of the information c~ntained in the pursuit report? · A. I, I didn't take anything. I looked at this based on Trooper Strickland's statement to me. Q. Were you responsible for the investigation and administrative reporting of the Troop car accident? A. Yes. Q. Ho»- did you determine the time of the pursuit and collision? 590 I 691 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 '607 ,. 608 t 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 ?24 625 A. I believe I had called Highland to ask what time· the radio transmission: was for, what chatter they had heard in regards to the pursuit. I asked them if they had logged it and they had given me an estimate fol:.,;.the time so I used that time. Q. In the furtherance of your investigation, did you ever review Trooper Strickland's body worn camera videos? A. Not until after I was aware of the investigation that you guys were conducting. Q. So you didn't review the body worn cameras at any time during your investigation and before submitting your administrative report. Is that correct? · · A. That's correct. Q. Why not? A. I had forgot to do so, which I thought I did, but for whatever reason I didn't. Q. In tp.e furtherance of your investigation, did you review Trooper Strickland's radio transmissiciils? C A. No. Q. Why not? A. Because when I, are you talking about the actual transmission over the radio? Q. Correct. . Je(i}) A. I, I thought it was all garble. I didn't honestly think there would,a--re, I thought whatever I was hearing was what would be heard on a play back of an audtio. · Q, What investigative actions did you undertake to identify and to attempt. arid identify the 14 626 627 628 629 630 631 632 633 634 635 operator of the motorcycle and its owner? A. I didn't take any investigative actions. I directed them to do stuff, but I didn't take any actions. Q. Who did you direct to take these actions? A. Um, Trooper Strickland. Q. So you're directing him to investigate his own motor vehicle accident? 636 637 638 639 A No, oh not his, I thought you were talking about the, I didn't direct him to investigate his accident. I thought you were talking about identifying the operator. Q. 641 \Vell that would be part of your investigation as well, to identify the operator of the other vehicle involved in a Division vehicle collision, correct? 642 643 A. Yes. Q. Did you ever interview the suspected operator ofthe motorcycle, A. No. 640 644 645. 646 647 648 649 650 651 6~2 653 654 655 656 657 658 Q. Please reference exhibit eight in the binder. Exhibit eight is the lnsp~tion eight Administrative Investigation Report and Inspection 8N Administrative Investigation Report Narrative, dated October 12, 2022, titled Division Vehicle PDAA. Did you author this report? A. Yes. Q. Se~geant Lovgren, rm going to give you the original report that was received.from Zone three at Troop Headquarters with all of its enclosures. If YO\!. would please just look through, that packet and all the enclosures and tell me if anything is not there that you submitted with your submission, or if there are things that are included that you didn't submit with your submission. 659 660 661 662 (noise ofshujjling ofpapers) A. 663 (mujjlingltalking quietly) They're the same but that's, I didn't add that on my paperwork. 664 665 666 Q. We' 11, we'll get to the narrative in a little bit. The photocopy ofyour administn(~ive report in th~ book is the one I took out of the packet so that, that's exactly the same. 'i 667 668 669 A. Ok. 670 Q. As far as the enclosures, are any of the enclosures different? You reference pictures being 15 671 ~72 673 674 675 676 taken by Bill's Auto Body oftbe undercarriage damage you believe the next day. Are tbey in that report? A. Um~ none of the Bill's ones are in the report. Q. Did:you include them with your report submission? ·J 677 678 679 680 681 682 683 684 A. Apparently not. I must have not have chose to include one of those. It looks like. There was no picture, from the Bill's side of things. i,85 A. Yes. (,87 Q. When did you submit this report to Zone? 688 689 A. Um, January 16, the date it was signed. Q. Wh~ did it take three months for you to complete and submit this report? Q. Thank you. Did you autbor this report? i,86 690 691 692 693 694 695 A. Just was too many other, other things that wasn't the priority on my plate and I was waiting for Trooper Strickland. He was attempting to identify the operator, so it was waiting for that to come to a conclusion. 696 697 698 699 700 A. No, tbe lieu, the lieutenant had re, had asked, uh, Trooper Strickland directly to do some additional .work in SJS, but was not returned to me. 701 702 Q. And that was Lieutenant Davis? 703 704 A. Yes. 706 707 Q. Did, anyone else add or redact content from your report? 708 709 A. Un(' I believe s. Do you know? A. I, I don't, I don't know. Q. Was tbe report ever returned to you for any corrections? 705 710 ? 7I I 712 713 714 715 Q. The Inspection SN, Administrative Investigation Report Narrative, documents tbe review of three Body Worn Camera recordings belonging to Trooper Strickland.· Of note is the identification 16 719 and inclusion ofTrooper Strickland's Body Worn Camera recording captured on Octoljer 12, 2022, at 10:24 p.m .. This particular video was purposely not categorized nor identified by SJS number by Trooper Strickland in an effort to conceal the initial events of the pursuit. Were you aware of this recording? 720 721 A. No. Q. How did it become a part of your report? A. I don't believe I originally had that in my report. 716 71 7 718 722 723 724 725 726 727 728 Q. Are you aware of someone at Zone, be it Lieutenant Davis, a Zone Sergeant, the Captain, Restivo, anyone changing your narrative? 729 730 731 A. No. 732 Q. But that in, inclusion of that information is a change. 733 734 735 736 737 738 739 I A. From the copy I have. Yes. I don't remember being asked to include that bu:t maybe I'm forgetting ifl did do that. I, I don't know. Q. And you had never reviewed any of the Body Worn Camera videos? A. No. Q. How did you identify the other two? 740 741 742 743 744. 745 746 747 748 749 750 751 A. When, eh, subsequently after the fact, I, when I went looking but when I made this report, I didn't, I didn't know there was three videos. Q. Did you know there was any videos? A. I would assume there would have been videos but I didn't, again, check to see ifthere were videos in ad, in advance in completing this report. Q. Ok, so you didn't, you didn't access Axon to identify the videos? 753 754 755 756 757 758 759 A. Correct. A. The copy I have reflects that yes. 760 Q. Do you have that with you? 752 Q. So, you, when you submitted your report, you would have not entered any information with regard to Body Worn Camera videos? 17 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 A. Yes. Q. Can you produce that for me please? A. It's in my car. Q. Alright, lets take a break. The time is 12:27 p.m. We}f'e back on the record. The time is 12:38 p.m. For the record, Sergeant Lovgren has provided a copy of Inspection SN titled Division vehicle PDAA, along with the Inspection SN Administrative Investigation Report Narrative, uh, with regard to the same, uh, Division vehicle accident. Of note is on the SN, there is no paragraph citing the review or existence of any Body Worn Camera on the part of Trooper Strickland which is paragraph three in the submitted report to Troop from Zone. Is that correct, Sergeant Lovgren? 777 778 A, Yes. 77-9 780 781 782 783 ' 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 Q. On page four of the Inspection 8 that you provided as well as on the one that was submitted to Troop, uh, the checkbox is indicating Body Worn re, recording was available, is checked yes and Body Worn recording viewed by supervisor is checked yes. You made that entry, correct? A. Yes. Q. But(You had never reviewed the Body Worn Camera? A. I thought I did when I had checked that. Q. Do you know who added the content to the report with regard to the Body Worn Camera? A. I do not. Q. Did you authorize anyone to amend your report? A. No. lt coulda, it could have been me, I just don't remember putting that in there. s. Ok. Hang on. The, you just gave a completely contradictory answer. The third paragraph of this report which beings with, "Trooper Strickland's BWC recording" did you authorize, author that paragraph? Yes or no? A. Notkto the best ofmy knowledge. Q. Well, the copy of the report you provided with me, that's the last known copy that you made 18 806 807 808 809 810 before you submitted to Troop, or to Zone. Is that correct? A. Yes. Q. Any change you would have made after the fact, you would have record of. Correct? A. Typically, I would keep any change as a, as a record. Yes. Q. Do you know if any other supervisors had reviewed the Body Worn Camera? A. When I submitted this report, no. Q. Since that time, you had become aware of whose reviewed the Body Worn Camera, correct? A. Yes. s. Can we take a quick time out? This will be ten seconds. Q. Yep. We'll take a quick break. It's 12:41 p.m. 8II 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 We're back on the record at 12:43 p.m. When you received the order to appear, you were directed to review the, all the associated Body Worn Cameras. Is that co~ct? A. Yes. Q. And as part of that, did you review the audit log associated with those Body ¥{om Camera Videos? · 836 837 A. Yes. 838 Q. And through that audit log, did you see who all has reviewed the Body Worn Camera videos? 840 841 842 843 844 A. Yes. 845 A. Lieutenant Davis, Captain Restivo, yourself, I be!, Major DeQuarto, and I believe there was an !AB Lieutenant, uh, Lieutenant Timko. That's, that's all I can remember off the top ofmy head. 839 846 Q. Other than yourself, what other supervisors did you note to have reviewed the Body Worn Camera? 847 848 849 Q. Did Lieutenant Davis ever discuss these Body Worn Camera videos with you? 850 A. No. 19 851 852 853 Q. Did Lieutenant Davis ever ask you why you hadn't ~eviewed the Body Worn Camera videos? 854 855 A. No. 856 Q. Did Captain Restivo ever discuss these Body Worn Camera videos with you? 857 858 A. No. Q. Did Captain Restivo ever ask you why you hadn'treviewed the Body Worn Camera videos? A. No. 859 ~60 ~61 ~62 $63 ~ i64 865 Q. Did any other supervisor discuss these Body Worn Camera videos with you other than me here today? - 866 No.~· 867 868 A. 869 Q. Did any other supervisor ever ask you· why you hadn't reviewed the Body Worn Camera videos? 870 871 872 873 874 875 A. No. Q. Reference, please reference exhibit four in the binder. Exhibit four is SJS Incident Report #11095144, Incident Type Vehicle-Reckless Driving dated 10/12/22. 876 .877 878 879 ~80 881 882 883 884 885 886 887 888 This SJS incident report was included as an enclosure to your administrative report. It includes investigative actions.conducted by Trooper Strickland on January I 9. 2023, and January 23, 2023, which include the ticketing of a suspect, However, your administrative report indicates that the investigation was unable to identify the operator ofthe motorcycle. How do explain that? ,,' A. I dkJ. not, my report was submitted prior to Trooper Strickland ticketing the operator. That was not known to me. Q. So when reviewing that SJS, .which narrative entries of investigative actions would not have been completed when you submitted the report? 889 A. The January. 19th, and the January 23rd. 890 891 Q. Would you just please, uh, read into the record the narrative entry in the SJS for.January 5th? 892 893 894 A. Follow up w i t h - brothers yielded no new information other than continued denial of any form of ownership during the entirety of the case being open. The motorcycle was not 20 't' :- 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 9 IO 911 912 913 ,9 14 91 5 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 ,931 932 933 934 935 936 937 938 939 reported or sto, or not reported stolen or lost at any point. No other parties came forward to claim the motorcycle. Q. At that point in time, what did, where did you understand the investigation to be as far as identifying and having probable cause to charge an operator of the motorcycle? A. I didn't think we had enough probable cause, so we were closing it out at that~point. Q. Did you direct any of the investigative actions documented in this incident report? A. Nnn, direct, I mean, I could like specifically tell them to go interview people, like rm, I was aware Trooper Strickland was working the case. I don't know what you mean by like direct. Did I tell him to specifically interview people at certain times, no. But I was aware he was working the investigation. Q. Did you provide Trooper Strickland with any direction or instruction regarding his follow up investigation into the identity of the motorcycle operator? A. Yeah, we had talked about it as he was working it. Q. Do you remember anything in particular? A. Um, he, he was saying that there was some conjecture online about these br9thers being involved in it, but he couldn't get anybody to provide a supporting deposition. So withc-i1t somebody going on record and saying they saw something online, it's all hearsay, so at the point we have no, not enough factual evidence in my mind to support an arrest Q. Do you know if any super, supervisor or did any supervisor provide you with any direction or instruction_regarding the follow up investigation into the identity of the motorcycle operator? A. No. Q. Did you assist Trooper Strickland in performing any investigative acts to identify the motorcycle operator? · A. Other than our conversations, no. Q. And just to confirm, wn, that I'm clear, so you were aware that identified as a suspect? A. had been Yes. As a potential suspect. Q. Did Trooper Strickland ever reach out to you for guidance on how to proceed with this investigation? 21 ·? r 940 941 942 943 944 945 946 ( 947 948 949 A. Again, we had talked at SP Kings_ton regarding it. Q. But nothing other than the discussion about conjecture online? . ' A. He ]fad one point had asked me about how to attack the interview ~th like, w i t h _ when, um, _ was coming in. Q. Do you know what precipitated Trooper Strickland's contact with Ulster County Probation? A. No. 950 951 952 ?53 ?54 Q. Did Trooper Stri~kland tell you that Ulster County Probation informed him that . . had been treated at, in the Kingston Hospital Emergency Room for a leg injury requiring stitches on October 13: 2022, the day after the accident, which he did not report to her office until one week later and attributed to a wood chopping incident? 955 ?,56 A. No. Q. Did you ever learn of this information through any other source? A. Whl what information specifically? ?57 958 959 960 961 962 963 9(>4 Q. That went to the ER for an injury the day after the collision, that Probation had informe<;f Trooper Strickland 0£ 965 A. I never heard about it until you just told.me that, cause that's not even written in the.SJS. 966 967 968 Q. Were you aware Trooper Strickland interviewed on January.23, 2023, at 5:30 p.m., and ticketed him? at Ulster County Probation 969 A. Not until I was aware of this investigation and I had re-reviewed the SJS. 972 973 Q. Which would have been after the fact, as far as you've already submitted the report. 974 A. Correct. 970 971 975 976 977 Q. \Vhy didn't you ever make an attempt to interview either of the regard to th'e accident? . · brothers with 978 979 980 A. I was Jetting Trooper Strickland do that ~ecause I was letting him conduct the criminal side of the investigation. 981 982 983 Q. As the supervisor investigating a Division vehicle collision, isn't it your responsibility to interview all those involved, or potentially involved? 984 22 985 986 A. 987 Q. Did you dire.c t Trooper Strickland to ticket 988 989 A. No. 991 992 Q. Do you know if any_other supervisor directed Trooper Strickland to ticket 993 A. No. · How you say that now, I just didn't see it that way at the time. 990 . 994 995 996 997 998 j Q. And do you know why Trooper Strickland didn't charge unlawfully fleeing a police officer in a motor vehicle in the third degree and issue tickets for the myriad of other involve<;! offenses, including leaving the scene o( a motor vehicle accident, aggravated unlicensed operation, unregistered motor vehicle, uninsured motor vehicle? 99.9. 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 lOIO 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 A When I, like I said before, when I closed the report out, I didn't think we had enough probable cause to charge him with anything. · t had maintained he was~hot involved Q. Did Trooper Strickland inform you that in the incident throughout his interview? A. He h8:d told me that neither one of therri was taking any ownership of it. Q. Did you pressure Trooper Strickland to close his investigation? A. . I wouldn't say pressured. r asked him to close it because I wanted to submit this report, and didn't think we had any further information into, um, solving it at that time. r Q. Are you aware of any other supervisor pressuring Trooper Strickland to close his investigation? A. No. Q. Are you aware of any supervisor pressuring him to identify and charge a suspect v.rith regard ~~~~~ i; A. No. 1023 1024 Q. Is there anything you would've done differently with regard to this investigation? 1025 A. Yes. 1026 1027 1028 Q. What would you have done differently and why? 1022 23 !cm A. Uh;in hindsight, I would have reviewed theBWCupfront, which•would have, indicated to 'me that the story given to me at scene was not, accurate to what I was seeing, which then :would have made me think I need to take more of the reigns on the investigation itself. lb33 Q. 1029 \030 !032 Alright we're going to take a short break, the tiine now is 12:54 p.m. !034 lb3s lfn6 1037 1038 1039 1040 1041 ]042 j043 ]044 1045 · 1046 i047 I 1048 We're back oh the record at 1:06 p.m., uh, Sergeant Lovgren, following out statement today, I'm going to ask you provide me..with all the photos you received from Bill's Automotive. A. i! Ok..,, Q. Of the undercarriage damage that were· taken at your direction, u~. A. How would you like those received? Email? Q. Uh, email is fine. S. Let me, how many are there? A. I believe there's three. " Jp49 ipso Jps1 1052 i053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 t 1068 1069 1070 1071 1072 S. While we're all here; would you mind looking at them and see if you have any follow tip questions based on that, caus,e, I don't want to have to do a follow up statement. Q. Um, sure. Let's take a break and if s. ok.' L · Q. you can access them and-send them to me. A. Ok. Q. Are you in a position to do that? A. They're on the share drive. Q. Alright, let's, uh, take another quick break at 1:06 p.m. We're back on the record at 1:14 p.m. We'll have the record reflect that Sergeant Lovgren provided the photographs, uh, taken by Bill's to me, which I reviewed, of the undercarriage damage to 3Fl 1. I have no further questions with regar61to those photographs at this time. 24 I 073 One last thing I, ( do have is 1 just want to revisit the discrepancy between the report 1074 narrative that was received at Troop from Zone 3 Headquarters, and the draft that you, you indicated you submitted to Zone, uh, for review and that the difference is the omission of a paragraph pecific to Body Worn Camera in the documentation of:its review and inclusion of the report. You did not make lhat entry in the report thal was submitted to Troop. ls that correct? I 075 !076 1071 l:078 rn79 A. To the best of my knowledge. l080 1081 1082 Q. Do you know who did? 1083 A. No. [084 1085 Q. And you did 1101 give anybody authorization to make any changes to your report on your I 086 1087 1088 behalf? l have no more ques.tions at this time. Is there anything further that you would· ike to add? 1089 N0. 1090 1091 1092 I 09j Q. The statement is now concluded. The time. is l: 15 p.m. I have read this statement consisting or twenty-five (25) of pages arrd affirm that i t is true lo the best of my knowledge. J have placed my initials on the bonom of each page and next to each correction and I signed it below, Signed before me this _i_ _ day of _ __._l(J_A_(_~_-, 2023 . 25 c- ✓ New York Stale Police GENL-4 (03/05) SUPPORTING DEPOSITION (CPL§ 100.20) PAGE_i_ OF V THE PEOPLE OF THE STATE OF NEW YORK -vs. DEFENDANT(S) LOCATION OF DEPOSITION: LOCATION OF INCIDENT: STATE OF NE\NYORK ------- STATE OF N8/IJ YORK COURT couNrv oF _ _ tl_ COUNTY OF _ _ _ _ _ _ _ _ _ _"---_ l_J_T_e_e______ OF I'3/bj l- J I I7 '".i4,~',i ,,., I"''/n~ ,,< h r ,y state the following: / ~ rn / .t-< & w 11 "f' 7f, ·1I !t frr r "'- v--<- / a c,< 7..,, 6' ~ Ii O Y. ~ /( f d l ,tf OJ'-!: ,,. d ~ /.._ N 'i. IJ /l /Jc I tJ J,.. ,, j l , l ~ :t ~ / w W C' /Jf\ -ft. c /-"- rJM c. A/4 µ Y d,.- i. J /z k ~O ./4 c -<. 6, ~tz·µ ;J ;:'1 I £-. /\ r/ On at I, ,<;.t f /)'I . A. ,,,. 4 I' fA. /~ f !{/,,A.r,._ /,.q/(I/V"< [Ct r/4 ,- -f -f- j ( ""' NO (Penal Law § 210.45). In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor. ~~ Affirmed under penalty of perjury this 6fl. day of O,t, / ~ATU~E OF OE PONE.NT) · -OR- * Subscribed and Sworn to before m~ (WITNESS) & this _ _ _ _ day of • This form need be sworn lo only when Sfl0l~if,cal11 required by lhe court Page 1 - ORIGINAL Page2-COPY 1 m . 11 . 10 lrl'<Y'l p AME OF PERSON TAKING DEPOSITION) Page 3-COPY Page4-COPY 1 t:· ✓ y New York State Police GE.NL-4B (03105) SUPPORTING DEPOSITION CONTINUATl9N SHEET (CPL§ 100.20) PAGE Z.....OF~· THE P.EOPLE OF THE STATE OF NEW YORK VS. ~< ,h, .{) /J Yl DEFE ,Ji,, ,,I,.. 'I (S) (..,1. .r " P-i /4 NOTICE (Penal Law§ 210.45) · . In a writte,:i instrument, any .person who knowingly makes a .false statement. which such person does not believe to be true has committed a crime under the laws of the state of New York punlsha~le as a Class A Misdemeanor. · {'1i.' penally Affirmed ._this dayof of perjury / · A(!I, Page 1 - ORIGINAL , Z:t)iJ Page 2·- COPY · ~ I)(.~ ~ , Page 3 - (SIGNATURE OF DEPONENT) copy· Page4-COPY ~ew York State Police INSP-8PS Rev 11/16 Photo 1 of 5 Photo Sheet Case# DCN2023-0020 New York State Police INSP-8PS Rev 11/16 Photo 2 of5 Photo Sheet Case# DCN2023-0020 [NSP 8PS Rev 11/16 0 Photo 3 of 5 Photo Sheet Case # DCN2023a-0020 New York State Police INSP-8PS (Rell 11/16) Photo 4 of 5 Photo Sheet Case# DCN2023-0020 New Yo_rk State Police lNSP-8PS (Rev 11/16 Photo 5 of 5 Photo Sheet Gase# bGN2023-00~0 New York State Police INSP-8PS (Rev 11116) Photo 1 of 5 Photo Sheet Case# DCN2023-0020 New York State Police INSP...:.BPS Rev 11/16 Photo 2 01 S Photo Sheet Case# DCN2023-0020 New Yori< State Police iNSP-8PSJRev 11/16 Photo 3 of 5 Photo Sheet Case# OCN2023·0020 1NSP~8PS (Rev 11/16 New York State Police Photo 4 of 5 Photo Sheet Case# DCN2023-0020 New York State Polioe INSP-8PS R0v 11/16 Photo 5 of S Photo Sheet Case# DCN2023·0020 E-L/D DCN2023-0020. Digjtal Report Enclosures - USB Drive E-3 SP Highland Radio Transmissions E-4 JFJ 1 AVL E~5 SP Highland Telephone Logger E-1 I Sa.ugerties PD BWC E-13 Saugerties PD Telephone Logger E-14 Cantine Field Video E-18 AVL Plot Map Video E-34 Taylor Witness Statement E-35 Strickland Target Statement J.- E-37 LQvgren Target Statement E-40 FaccbQ 1k ViJco New York State GENL-4 (04/08) pfif; 'ff Page 1 of 1 SUPPORTING DEPOSITION (CPL§ t00.20) THE PEOPLE OF THE STATE OF NEW YORK VS DEFENDANT(S) LOCATION OF INCIDENT: LOCATION OF DEPOSITION: STATE OF NEW YORK, _ l'""O _Cc.,.A_L-'-C '--R __I_M_IN-'-A-'L'--- COURT STATE OF NEW YORK COUNTY OF . _ __ _ ___ U_LS _T_E_R_ _ _ _ _----1 VILLAGE On I oAT~/12/23 COUNTY OF _ _ __ ____;U:...;:Lc...=S--'-T=E'---'-R_ _ _ _ __ TOWN OF I at ,__~M-1 ~_;_~AR-TE-□:--~-~-~_, l, I OF ULSTER FULLNAAle: STATE THE FOLLOWING: On the night of October 12, 2022, I was riding in my girlfriend's car as we travelled northbound into Saugerties on Route 9w. In the area of Lox of Bagels we encountered a Suzuki DRZ motorcycle being chased by a New York State Trooper travell ing southbound towards Kingston . As we approached the S-turn by the Kn ights of Columbus I saw police lights in the distance approaching behind us as the Trooper chased the motorcycle back northbound. I told my girlfried to pull over and get out of the way and we pulled over into the parking lot of the Knights of Columbus, and 1took a cell phone video of the chase. The trooper was following less than a car length behind the motorcycle. The police car's emergency lights and siren were on. I posted the video on my Facebook page. · · · , him LIi ,til I realized it was an SM Class DRZ.and-net-aft-E 1,lffifel. I never heard who was riding the motorcycle. Everyb thought they knew who it was but I never heard a name. NOTICE (Penal Law Sec. 210.45) in a written instrument, any person who k nowingly makes a false statement whic a crime under the laws of the state of New York punisha Affirmed _ under pen.alty of perj ury this 12th day of APRIL , 20 23 -or •subscribed and Sworn to before me th is _ _ _ day of - - - - - , 20 TIME ENDED 11 :48 GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 1 of 3 MEMORANDUM Troop: Date: F Station: SP Kingson 04/23/2023 To: Major Paul M. DeQuarto, Troop Commander, Troop F From: Lieutenant Bernard V. Davis Subject: COMPLAINT AGAINST PERSONNEL DCN 2023-0020 ,.. Dlgrtally signed by Lieutenant Bernard V. Davis ,/ 'Date: 2023.05.1814:20:22-04'00' On October 13th, 2022, after reading AMS message #AMSP160G01PZF I became aware of a vehicle pursuit that Trooper Elias E. Strickland of SP Kingston was involved in the previous evening October 12th, 2022. My knowledge of what had occurred was based solely on the information contained in the AMS message. Trooper Strickland of SP Kingston was involved in a property damage Division vehicle collision following a pursuit. Sergeant Lovgren submitted the administrative report for Zone review sometime between the 16th and 18th of January 2023. The signature page of the report indicates that Sergeant Lovgren signed this report on January 16th. On January 18th, 2023, I reviewed the INSP-8 and found it to be properly completed as per agency guidelines and signed the "reviewed _by" section prior to reviewing the INSP-8N or the enclosures. I then read the INSP-8N, administrative report narrative and discovered that the narrative did not include the portion which details that body camera videos had been reviewed. Sergeant Lovgren had documented he had conducted a review of BWC on the INSP-8 page four. I walked to the sergeant's office and advised Sergeant Lovgren of this omission which he acknowledged, and it was agreed that I would update the report narrative to include the BWC review with his permission. At no time did he advise me that he hadn't viewed the BWC regarding this incident. I advised him that I was still in the processes of reviewing this report. Following my conversation with Sergeant Lovgren, I logged onto Evidence.com and searched videos by date of the incident and by Trooper Strickland's name. Three videos were discovered that were all captured around 10:30pm. I did not review the audit log for the videos as this was not part of my review at that time, however I have since made this a step in my BWC review. I am not aware of anyone else having discussions with Sergeant Lovgren regarding the reviewing of BWC related to this case. Part of my review of BWC videos is to ensure that each video is categorized as "*Admin· 6" to ensure they are retained. If the Supervisor failed to properly categorize the videos, I will do this step for them and remind them of the importance of this and how it affects the retention. period of the video. It is not uncommon for a supervisor to miss this step. I did not notice that one of the three videos was categorized and labeled differently than the other two. While conducting my review of the BWC videos nothing stood out to me that made me question the legitimacy of the information being reported. Given the accident report and AMS cited undercarriage damage, I did not question the repair estimate citing primarily undercarriage damage. GENL-7 (Rev 10/21) NEW YORK STATE POLICE Page 2 of 3 MEMORANDUM Troop: F station: SP Date: 04/18/2023 Kingson ,. When I reviewed SJS# 11095144, I discovered that the case was still pending as all investigative leads had not been exhausted. Specifically, that Trooper. Strickland appeared to identify a potential suspect and had not conducted an interview of the. subject. I walked the administrative report which included the updated narrative that included the BWC review up to the Sergeants office and provided it to Sergeant Lovgren. I informed him to review and edit the report and that it shouldn't be submitted until we have exhausted our efforts to discover the ·operator of the pursued vehicle and finished our investigation which would include a supervisory interview of the suspect if one was identified. I then walked into the desk area of SP Kl,:1gston where Trooper Strickland was responsible for desk operations. I advised Trooper Strickland that It appeared based on his case narrative that he identifies a potential suspect which requires he conduct an interview of this subject prior to closing the case. I stressed the importance of conducting thorough investigations and that if I could hel in an wa for him to ask me. I recall Trooper Strickland stating that he would be conducting the interview-at the Ulster County Probation office in the next few days and recall that I would be working the day he was planing on conducting the interview. I advised him that he could contact me when he has the subject and that I would come to help him. Trooper Strickland indicated that he would contact a Sergeant before having me help him. When I came into work the following date January 19th, 2023, the administrative report had been returned to my desk. I had placed a post it note on the top to Indicate.that we were waiting on an updated SJS pending suspect interview. I placed the r~port on Captain Mario Restivo's desk for his preliminary review on January 19th 2023. I was not aware that Captain Restivo had signed the report that same day. I believe that same day or shortly afterwards, I had the report relayed to Sgt. Lovgren who was now assigned to SP Highland, while we waited for the investigations both criminal ,and administrative be completed. On February 7th 2023, I found the report had been placed on my desk. The post-it note ·reminder that an· updated SJS was all that was required was still on the report. I placed the updated SJS which was on top of the report into· the report package and gave It to Captain Restivo without further review. GENL·7 {Rev 10/21) NEW YORK STATE POLICE Page 3 of 3 MEMORANDUM Troop: F Date: station: SP Kingson 04/23/2023 I recall stating to Captain Restivo, something to .t he effect that the SJS has been updated and that.I hadn't reviewed the report yet before leaving the station for a purpose·that I do not recall at this time. This was the last time I saw the report. It wouldn't be until later, that I would learn the report had been submitted to Troop ·later that same day and that the SJS and administrative report narratives conflicted in regard to suspect interview. At no time did I have knowledge of any facts that were contrary to what was reported in the administrative report and its associated documents. On March 12, 2023, Serg~ant Lovgren came to my office to advise me that he has been reviewing the administrative report he submitted in preparation for his then upcoming administrative statement. I advised him that as I am not the investigating officer that my ability to discuss this matter is limited. He advised me that he could not recall watching the BWC videos as the narrative of the report indicates that did. He expressed having knowledge of the requirement for supervisors to review ewe for investigations that they are assigned. He also Indicated that he recalls having a conversation with me regarding the viewing of these ewe but that he couldn't recall if he had actually watched the videos or not. He stated that he doesn't believe that he wrote the line in the report that indicates that he h.ad watched the associated videos. I responded that edited reports are always returned to the Sergeant for final review and approval. He acknowledged this fact and reiterated that while he may have of indicated that a review had been cond.ucted that he can't recall whether or not he actually did. We ended that conversation with me advising him that when he is interviewed in this matter to simply state the facts to the best of his ability and recollection.