2130710
Willie Lovett, CHIEF OF POLICE
Table of Contents
Investigator's Report
Complainant's Statement(s)
Witness Statement(s)
Witness Officer Statement(s)
Subject Officer's Statement
Subject Officer's History
Official Documents
Additional Information
Closure Report(s)
General Order(s)
Misc. Information
II
~ ~ ~ ~ ~ PC Ll C E
1. OPS NUMBER: 2130710
2. INCIDENT DATE: July 24, 2013
3. COMPLAINANT: Robert Cutter
4. OFFICER(S) INVOLVED ASGN
A. Officer Frank Retequiz
B. Officer David Baker
Patrol/ Pet. 4
Patrol/ Pet. 4
YRSOFSERV
2 years
3 years
5. GENERAL ORDER(S) APPLICABALE TO INVESTIGATION:
A. Officer Frank Retequiz
GO# ADM-004: OATH OF OFFICE, ETHICS, AND CONDUCT
I. GENERAL STANDARDS OF CONDUCT
DUTYSTS
Active
Active
5. Treatment of Others - Employees shall treat citizens, superiors, subordinates and
associates with respect. They shall be courteous and civil at all times in their relationships
with one another and in the presence ofthe public; employees will be referred to by rank.
GO# ADM-007: USE OF FORCE
B Drawing or Exhibiting Firearms
1 An Officer's decision to draw or exhibit a firearm should be based on the
Officer's reasonable belief there is a substantial risk that deadly force may be
needed. When an Officer has determined that the use of deadly force will not be
necessary, the Officer shall, as soon as practicable, secure and/or holster the
firearm.
2 Whenever an Officer exhibits a firearm and points it to control an individual
(offensively or defensively), they shall complete and submit a UOF Report.
SWAT and Mobile Field Force are exempt from this in actual SWAT and Mobile
Field Force Operations.
GO# OPS-048: CRITICAL INCIDENT REPORTING
Category I Incidents
Incidents likely to bring discredit to SCMPD
B. Officer David Baker
GO# OPS-048: CRITICAL INCIDENT REPORTING
Category I Incidents
Incidents likely to bring discredit to SCMPD
Ll C E
SECTION 1
Investigator's Report
By:
1.) Sgt. J. Wright
2.) Lt. A. Oliver
ADMINISTRATIVE INVESTIGATION
Incident Report
OPSNUMBER:!_2_1-30_7_1_0 ____ , - - - - - ~ - _____ , __ _
EMPLOYEE: ,. Officer Fran-k Retegu,_iz ________ , _____ , __ , __________ _
DATE: I 08/06/13 - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - -
r-lc-:c-Nc-:c-v=E---=-sT=I::-=G-:-A-=T---=-o-=--R-:,_ I Sgt. J. Wright
July 23, 2013
The Internal Affairs Office received a memorandum from Lieutenant D. Robinson in
regards to a traffic stop involving a Mr. Robert Cutter. Lt. A. Oliver contacted Mr. Cutter
and he wanted to file a complaint in reference to the Officer's action during the traffic
stop. The complaint was assigned and Mr. Cutter was agreed to come in for an interview.
July 24, 2013
Mr. Cutter came into Internal Affairs for an interview. ([he following interview was recorded with
audio capabilities. The following is a paraphrase from the recorded interview with Mr. Cutter.) Mr. Cutter was
asked to explain his complaint.
According to Mr. Cutter, on July 15, 2013, he had just left his physical therapist and was
having to shift gears with his left arm. As he was traveling on Whitebluff Road, Officers
pulled him over and at first, he was sure of the reason. Once Mr. Cutter came to a stop,
the Police Officer (Reteguiz) approached his vehicle and pulled out his gun and told him,
" .... Stay in the car, stay in the car .... " Mr. Cutter said that this scared him so bad that he
tells the Officer, " .... My name is Robert Cutter and my wife is the City Manager,
Stephanie Cutter .... " Officer Reteguiz then 'eased down a little' and asked Mr. Cutter for
his driver's license. Mr. Cutter described Officer Reteguiz's demeanor as; " .... Like he
was having a bad day .... "
The second Officer (Baker) then approaches Mr. Cutter and they have a conversation
while Officer Reteguiz goes to the Police vehicle and writes the citation. Once Officer
Reteguiz walks back up to Mr. Cutter, he is issued a citation for No Seatbelt.
Mr. Cutter was asked about the reason that the Officers pulled him over. Mr. Cutter said
that he was shifting gears with his left arm because he couldn't use his right arm. He
1
added that he had placed the shoulder belt beneath his left ann so that he would be able to
reach forward.
Mr. Cutter was asked to explain the Officer's actions when the gun was pulled out of the
holster. According to Mr. Cutter, " .... The Officer got out of the car, he had his gun out,
coming around there, looking into the car, you know, he didn't have no warrant or
anything .... " Mr. Cutter was asked if he recalled anything the Officer said when the gun
was pulled out. Mr. Cutter said, " .... Well I was about too, you know, at the time, that's
when I was pulling, doing, maneuvering, he was asking; What was you doing? (Mr.
Cutter replied), Sir, I'm trying to put on the emergency brake .... " The Officer asked for
Mr. Cutter's driver's license and Mr. Cutter asked the Officer if he could get out of the
car. The Officer then allowed Mr. Cutter to do so.
Mr. Cutter was asked what he meant by the Officer having a bad day. According to Mr.
Cutter, Officer Reteguiz came at him in a "harsh way". Mr. Cutter was asked if he
recalled if the Officer said anything that he would deem inappropriate. Mr. Cutter replied,
" ... .I don't want to really say that he did anything inappropriate, I kind'a like, blocked it
out .... " " .... The only thing I can say, can remember, like I say I was in pain, the way he
talked, his tone of voice .... "
Mr. Cutter was asked if the Officer pointed the weapon directly at him. He said that the
gun was pointed at him and that he could see the barrel.
This concludes the interview with Mr. Cutter.
July 29, 2013
Officer David Baker came into Internal Affairs for an interview. (fhe following interview was
recorded with audio capabilities. The following is a paraphrase from the recorded interview with Officer David Baker.)
Officer Baker was asked to provide details of the traffic stop involving Mr. Cutter.
According to Officer Baker, he and Officer Reteguiz were on Whitebluff Rd. when
Officer Reteguiz noticed that Mr. Cutter wasn't wearing a seatbelt. Officer Baker was
driving so he initiates a traffic stop. At first, Mr. Cutter stops in the roadway and then he
pulls into a driveway. Officer Baker stops the Police vehicle in the roadway and the
passenger door is right behind the trunk of Mr. Cutter's vehicle. As Officer Reteguiz was
getting out of the Police vehicle, Mr. Cutter opens his door. Officer Reteguiz then gets
behind the trunk of Mr. Cutter's vehicle and starts to draw his weapon out of his holster.
Officer Baker then gets out of the Police vehicle and sees Mr. Cutter getting out of his
vehicle. Officer Reteguiz tells Mr. Cutter to stay in his vehicle. Mr. Cutter complies and
Officer Reteguiz goes up and speaks with him. Once Officer Reteguiz obtains Mr.
Cutter's driver license, he goes back to the Police vehicle. Officer Baker said that's when
he approaches Mr. Cutter and it appears that he is upset. During their conversation, Mr.
Cutter tells Officer Baker that he is the City Manager's husband and starts to question
Officer Baker as to the reason he was pulled over. Officer Baker explains the seatbelt
violation and Mr. Cutter begins to calm down. Mr. Cutter tells Officer Baker that he
wasn't wearing his seatbelt because he recently had shoulder surgery. Once Officer
Reteguiz completes the citation, he issues it to Mr. Cutter and he leaves.
2
Officer Baker was asked to explain what he saw when Officer Reteguiz pulled his
weapon. According to Officer Baker, Mr. Cutter's legs were coming out of the car and
Officer Reteguiz was telling him to stay in the car. From what Officer Baker recalls, the
weapon was barely pulled out of the holster and was pointed at the ground the entire
time.
This concludes the interview with Officer Baker.
July 29, 2013
Officer Frank Reteguiz came into Internal Affairs for an interview. (The following interview was
recorded with audio capabilities. The following is a paraphrase from the recorded interview with Officer Frank
Reteguiz.) Officer Reteguiz was asked to provide details of the traffic stop involving Mr.
Cutter.
According to Officer Reteguiz, he and Officer Baker were on Whitebluuf Road when he
noticed that Mr. Cutter wasn't wearing a seatbelt. Officer Baker started to pull over Mr.
Cutter and Mr. Cutter stops in the parking lot. Mr. Cutter doesn't pull up completely and
it leaves the Police vehicle at a bad angle. Officer Reteguiz's passenger door is directly in
the line in sight of Mr. Cutter's door. As Officer Reteguiz exits the Police vehicle, he sees
Mr. Cutter opening his door and was stepping out of his vehicle. Officer Reteguiz said
this made him fell afraid because he didn't know what was going on. Officer Reteguiz
said, " .... he got out pretty fast, so I immediately jumped out my passenger side door and
took cover behind his vehicle, behind the trunk for safety purposes. As I was doing so, I
pulled out my sidearm. I did not aim at him, it was just unholstered. I gave him verbal
commands to him to get back in his vehicle .... " At that point, Mr. Cutter becomes upset
and Officer Reteguiz slowly approaches the vehicle with the weapon beside his leg
pointed downward. Officer Reteguiz then explains to Mr. Cutter why he told him to get
back into the vehicle because it being unsafe and also explains the reason for the traffic
stop. Mr. Cutter then attempts to open the door and Officer Reteguiz tells him not too.
Mr. Cutter then admits to not wearing his seatbelt due to his shoulder surgery. Officer
Reteguiz obtains Mr. Cutter's driver license and goes back to the Police vehicle and
writes the citation. Once Officer Reteguiz completes the citation, he returns to the vehicle
and Mr. Cutter asked him for a warning. Officer Reteguiz denies the request and assigns
a court date. Mr. Cutter is still upset as he tells Officer Reteguiz that his wife is the City
Manager. Officer Reteguiz makes a note of the comment on the citation so that he could
remember it. He then has Mr. Cutter sign it. Mr. Cutter then goes back to his car and
drives out. Officer Reteguiz then tells Officer Baker that it freaks him out when
somebody comes out of a car like that. Officer Reteguiz believes that could be the point
that something bad could happen so he unholstered his weapon. In his words, " .... this
could be the time that it goes down .... "
Officer Reteguiz was asked what he meant when he said, " .... this could be the time that it
goes down .... " Officer Reteguiz said, " .... All the training we go through, all the videos
they make us watch, about how you think it's a normal traffic stop, then this is when bad
thing could happen, a shooting could happen ..... "
" .... It changes in a split second so when I see somebody jump out of car like that, that's
why I automatically think and I want to get to something tactfully safe and get myself
ready just in case something bad happens but I try to defuse it ifl can .... "
3
Officer Reteguiz was asked if he has experienced this before. Officer Reteguiz said that
this has only happened a few times before and that he has done the same to all those
drivers. He said that his gun comes out and it's not pointed at them, it's just ready in his
hand. He'll tell them to get back into the car. Once he explains himself: a lot of people
are "cool with it".
Officer Reteguiz was asked if there was any time during the traffic that his weapon was
pointed directly at Mr. Cutter. Officer Reteguiz said that the barrel of the weapon was
only pointed at the trunk, somewhat at the low ready position. He was observing what
was happening, watching his hands and see if anything was corning out.
This concludes the interview with Officer Reteguiz.
4
Administrative Leave
August 23, 2013
Officer Frank Reteguiz was placed on Administrative Leave while OPS Case# 2130710
and OPS Case # 2130812 were being investigated. Both OPS cases were sent to Dr.
Stone & Associates to be reviewed.
September 4, 2013
Capt. Wiley and I spoke with Dr. Stone at St. Simons Island, Ga. Dr. Stone recommend
that Officer Reteguiz attend additional training as the prospective cases are completed.
September 10, 2013
Officer Frank Reteguiz was taken off of Administrative Leave and was instructed to
report to Pet. 4.
Director Gary Taylor was notified of Dr. Stone's recommendations. A request was made
that once the training has been completed, a copy of the training report is sent to the
Internal Affairs Office.
5
ADMINISTRATIVE INVESTIGATION
Incident Report
OPS NUMBER: 2130710
EMPLOYEE: fQfc:FrailkRete9-uiZ=otc-.-bavid Baker ________________ _
DATE: 8, 2013
--------------- ----------------------------------------
INVESTIGATOR:
---------------.---
August 6, 2013, at 3:20p.m. this investigator interviewed Officer Frank Reteguiz. Major
Juliette Tolbert was present during the interview. Officer Reteguiz stopped Mr. Cutter on
a traffic stop for a seat belt violation. The incident occurred on July 15, 2013. Mr. Cutter
alleges that Officer Reteguiz points his firearm at him during the traffic stop. Officer
Reteguiz stated that he gathers information from U-Tube videos to use as training tools.
Officer Reteguiz admits he is sometimes afraid and scared and wants to go home safe
after his tour of duty.
August 6, 2013, at 3 :52 p.m. this investigator interviewed Officer David baker. Major
Juliette Tolbert was present during the interview. Officer Baker stated he sometime
places his hand near or on his weapon during traffic stops if someone exits a vehicle.
Ofc. Baker stated he did not see a threat from Mr. Cutter.
A copy of the power point on vehicle traffic stops was reviewed by this investigator and
is made a copy of this file. Both officers' interviews are transcribed and outlined in
Section 5 of the case file.
SECTION2
Complainant's Statement
Mr. Robert Cutter
Taped Interview
SECTION 3
Witness Statement(s)
NA
SECTION 4
Witness Officer Statement(s)
NA
PCJ Ll c E
............ .
SECTION 5
Subject Officer(s)
3.) Officer Frank Reteguiz
Garrity Warning
Discipline History
Taped Interview
Transcribed Interview
4.) Officer David Barker
Garrity Warning
Discipline History
Taped Interview
Transcribed Interview
Ptl Frank Andrew Reteguiz - Personal Info
Home Address :
Savannah, GA 31405
Assignment (Unit) : Operations Division\Patrol South\Southside Precinct
Emergency Shift : A-1 Shift: C-shift
Work Phone: 351-3400 Days Off: Fri, Sat
Home Phone: 6 Cell Phone:
Contact Phone : Pager:
Contact Name : Relationship : Relative
Comments:
Last Name: Reteguiz First Name: Frank
Middle Name : Andrew Surname (Jr, Ill) :
Rank (lookup) : Ptl Title (Civilian) :
Badge Number: 0 Sworn I Civilian : Sworn
Street Number : 2 Street Direction : EAST
Street Name: Street Type : Street
Apt Number: City: Savannah
State (lookup) : GA ZIP: 31405
Payroll Number: 11607 Activity: 4210
Social Security : Birth Date:
Operator License # : 057654492 Employ Date: 06/27/2011
Licensing State : GA Term Status :
License Expires : 08/23/2016 Term Date:
Eye Color: BRO Hair Color: BLK
Race: Hispanic Sex: Male
Height: 5'10" Weight: 218
Degree Earned : College College Hours : 124
Image Date: 10/25/2011
Photograph :
(rich text field)
f_reteguiz_ 1 1 607. jpg
NOTIFICATION OF ADMINISTRATIVE INVESTIGATION
TO: Officer Frank Reteguiz
FROM:
DATEffiME: 07/29/2013@ :2: 53 pm
RE: OPS CASE# 2130710
You are hereby notified that an administrative investigation is being conducted to determine if
your actions in the incident outlined below constitute a violation of Department Policy and/or
Procedures.
GARRITY WARNING
You are being questioned as part of an official administrative investigation by the Savannah-
Chatham Metropolitan Police Department. You will be asked questions specifically, directly,
and narrowly related to the performance of your official duties and/or your fitness for duty.
You are entitled to all the rights and privileges guaranteed by the laws and the Constitution of
this State and the Constitution of the United States. If you refuse to answer questions relating to
the performance of your official duties and/or your fitness for duty, or falsely answer such
questions, you will be subject to Departmental discipline, up to and including termination. If you
answer, neither your statements nor any information or evidence derived from such statements
can be used against you in any subsequent criminal proceedings, except for perjury or
obstruction of justice charges. However, these statements may be used against you in relation to
any subsequent disciplinary action.
I have read and understand the information above. My statement is being given pursuant
to a Departmental administrative investigation.
SIGNATURE: 7/ 2._? /(_5 TIME:
z/:;_4 /(J TIME:
WITNESS:
SCMPD FORM 1045w (06/01/07) CALEA 52.1.6
) 't{" 1. 4 rs.
/L/53/..,s-
Captain Henry Wiley, Commander
Internal Affairs
Prior Discipline:
Officer Frank Reteguiz
Violation Discipline
NONE
1
Today is August 6, 2013. The time is now 3:20p.m. This is Lieutenant Andre Oliver in
an interview with Officer Frank Reteguiz. Also present in the interview is Major J.
Tolbert.
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
If you can, just state your name for the tape.
Officer Frank Reteguiz.
Let me remind you that you're still under Garrity from being
interviewed by Sgt. Wright. What I would like for you to do is
outline what happened on July 15, 2013 involving a traffic stop with
Mr. Cutter.
On July 15th me and Officer Baker were riding in a single marked
unit - we were a two man unit. That day we were focusing on
traffic stops. We were going south on White Bluff pass Holland in
which we saw Mr. Cutter's vehicle. We were behind Mr. Cutter's
vehicle when we saw his seat belt hanging down. It was not
properly fastened. Me and Officer Baker followed the vehicle for a
while to double check and make sure there was no if ands or buts -
that the seat belt was off. Officer Baker (inaudible) I'm not sure.
Officer Baker and I then initiated the traffic stop. We called it out
over the radio, and we pulled into -I can't remember what business
it was - it was like a car wash or a laundromat. He pulled in too -.
To a certain degree where we had - Officer Baker had come in at
an angle behind this vehicle. I saw where at the passenger door,
which I was sitting at was facing the trunk and the driver's side
door. And so as we pull over at that point so Officer Baker's car
doesn't get hit by traffic. I saw Mr. Cutter immediately jump out of
the vehicle. Due to my police officer safety and what I've been
taught and the videos I've seen, this made me scared and I
immediately took action by coming out of the vehicle, going straight
behind the trunk and had my side- took out my side arm. At this
point my gun was at a low ready. It was aimed at the trunk. It was
not aimed at Mr. Cutter. I gave Mr. Cutter orders to get back in the
vehicle- get back in the vehicle (inaudible). I told him to get back
in the vehicle- he got back in the vehicle. I approached Mr. Cutter
with my firearm still out, but it was not pointed at Mr. Cutter and
asked him why he did that and explained to him what was going on.
He was very - he was angry at us. He said he wanted to know why
he was pulled over. I told him it was the seat belt. At this point
Officer Baker came by and he saw him (inaudible). I gave the
officer Mr. Cutter's license. I ran his information into GCIC and
NCIC. I found no outstanding warrants, nothing suspended or
anything, then wrote the citation. Now I get to Mr. Cutter. Mr.
Cutter was upset of the Citation. I had him to sign the Citation; and
I told him if he was upset, go to court and argue it with the judge-
1
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
and just basically take it to court. After that Mr. Cutter was free to
leave and me and Officer Baker left the scene.
What- explain in detail to me about Mr. Cutter being disorderly, or I
mean how was he very disorderly? I mean if he was disorderly-
explain that to me.
He was angry with us. He was angry with me pulling his over. He
explained to me that he never had a ticket, and his wife was the
City Manager. He was disorderly too when he come out the car,
and I can't remember what he said to us.
You can't remember what now?
I can't remember what he said to us when he came up out the car.
I just remember reacting out training, because I mean we get
caught up because in all honesty I had no idea who this man was. I
had no idea what his actions were. What he intended to do. My
job was to create safety for myself and prepare for the worst case
scenario.
I listened at your tape - your statement earlier today, and you told
Sgt. Wright that your weapon was at somewhat of a low ready.
What do you mean somewhat? Either you had it at low ready or
not at low ready.
It was never aimed at him, because the angle was at the trunk. Low
ready is like this.
For the tape, explain that. You said like what-?
I had my firearm close to my chest pointing down. Because I was
close to the trunk it was more pointing towards the trunk.
Okay why did you draw your weapon?
Because of the training I went through. The training we was
enforced even been taught. The videos I've watched - the Youtube
videos and stuff like that. It's just automatic reaction that as soon
as I see someone jump out of a car, I just think the worst. And I felt
like I needed to take out my weapon. It was not aimed at him. I
had to take out my weapon just to be prepared for what might
happen and from there de-escalate.
Videos are for training correct?
Yes.
2
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
So my next question is what threat did Mr. Cutter show to you? Or
what threat was there - what threat did you see from Mr. Cutter
when you got out of the car? Other than him exiting the vehicle,
what threat?
He immediately got out of the car as soon as he pulled over. So,
me as the officer, that honestly scares me. When someone comes
out (inaudible) that comes out the car like, because they're about to
run or something is about to happen, or I can be put and Officer
Baker can be put in danger. If someone exited the car like that
immediately he stood up and was fast. That way I got out of the car
as fast as I can, but-
My question is did you see a threat from Mr. Cutter? A weapon?
Any type of weapon in his hand?
I did not see any weapons.
So again what threat did Mr. Cutter pose to you when he was just
getting out the car?
I felt like I was in danger when he got out of the car, because
eventhough he may not have had any weapons at the time, or in
his hands - he could of just easily got out - took a weapon out of
the car and probably open fire because he had a perfect angle from
where I was at to shoot me. If there was some type of (inaudible)
he had a weapon.
Maybe - let me rephrase that - did you see Mrs. Cutter with any
weapons?
I did not see Mr. Cutter with any weapons.
Okay. So your threat was you saw him getting out of the car in a
fast motion, or exiting the vehicle fast?
Yeah.
And that was perceived as your threat?
Yes that was perceived as a threat.
Okay, and you mentioned about being tactically sound. If you felt
that was a threat, why did you approach Mr. Cutter's vehicle?
Because at that point, Mr. Cutter was talking in the vehicle. He sat
back down in the car, and I slowly walked up to him, looked in the
vehicle, and saw his hands. At that point when I saw his vehicle
3
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
and his hands, I didn't see any weapons. As I talked to him, the
weapon was holstered, and I completed the traffic stop from there.
But are you turning to approach the threat? If you felt it was a
threat- you said yourself just now that you were afraid. Why would
you approach a threat knowing that you are afraid?
At that moment I felt that it was contained. How he was contained,
he was back in his car, and I could sort of see what he was doing.
Was your weapon drawn because you saw Mr. Cutter exit the
vehicle? I'm trying to figure out why your weapon was drawn.
My weapon was drawn because he exited his vehicle in a fast
manner where I felt it was aggressive. I thought for safety
purposes that's why my weapon was drawn.
So is it safe to say that everytime someone exits their vehicle in a
fast motion, you unholster your weapon?
Yes. Do I aime it at them- no. Do I draw down on them- no. My
weapon comes out - and you guys can disagree on this or not, but
my weapon comes out whenever somebody jumps out of the car
like that; because it obviously scares me because I have no idea
what they are about to do.
I totally disagree with you. To draw your weapon everytime
somebody exits a vehicle fast.
If they jump out as soon as I make a traffic stop. If they open that
door and exit that vehicle, as fast as I can I want to be prepared.
want to be prepared. My drawing the weapon - like I said does not
mean I'm drawing down on them. I have my gun aimed at them
diagonal point, there's no use of force involved, it's just
unholstered.
That's not the point. The point is you're saying everytime someone
exits their vehicle fast, you unholster your weapon.
When they exit their vehicle, as soon as I pull them over, and I did
not give them a command to exit the vehicle - they automatically
exit the vehicle, I'm unholstered- yes.
Rather you give someone the command to exit the vehicle or not,
the average person when you pull them over, the first thing they're
going to do is try to get out their vehicle.
Sir I have to disagree because all the traffic stops I've done at this
point, there's a small minority to a point where they exit the vehicle
4
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
like there. Most of them knows to stay in the vehicle. Most of them
know to stop the car.
Why would you say most of them know to stay in their vehicle.
Because when I (inaudible) in an ample of time - take off when
they jump out of the car (inaudible).
Where is that written at that they going to stay - civilians are going
to stay in their vehicles if you stop them?
Also (Inaudible) someone jump out of the car doesn't mean they're
going to have a threat to make.
Again did you see a threat when Mr. Cutter got out the car?
I perceived -
I didn't ask you what you perceive. I asked you did you see a
threat? Did you see a weapon in Mr. Cutter's hand?
I did not see a weapon. I did not see a weapon.
Did you see any objects in Mr. Cutter's hand?
No.
Okay. Why would you approach the vehicle if you were afraid?
Like I told you sir, I thought the threat was contained at that point.
He was back in his vehicle. His hands were shown. I didn't see
any weapons at the time, so I approached.
So you thought that was tactically safe to approach the vehicle?
No I wouldn't say - no, although it seem pretty stupid now.
(Inaudible) that part was a stupid part. I'll admit to that part, but
anything up to that part, I did what I thought was safe. Yes you
were right. Now that you mention that, that was stupid for me to
walk into that- approaching that car like that.
Do you know what the policy is on displaying your firearm?
Yes.
What is it?
I can have it at low ready, but as soon as I draw down on someone
at a high ready or muzzle pointed at them, that's a use of force.
5
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
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Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
So if we go back you saw Mr. Cutter with no weapons. The only
thing you base it on is him getting out of the vehicle at a quick
pace?
Sir you know this as well as I do.
I'm asking you a question. The only thing you based this on was
Mr. Cutter exiting the vehicle at a fast pace?
Yes. At a fast pace, which I don't know what he was doing.
Did you see any movement in Mr. Cutter's vehicle before he got out
other than him getting out of the vehicle? Just him exiting the
vehicle in a fast manner. Did you see Mr. Cutter fumbling around in
his vehicle before him getting out of the vehicle?
I can't recall. I was looking down at the MDT to type in the license
plate number.
And what was Mr. Cutter doing for you to pull him over?
His seatbelt was not fastened. It was hanging straight down from
the b-bar.
And I may have already asked this question, but would you say it
was tactically sound to approach a vehicle that you felt was a
threat? Because you mentioned tactics here, so do you think that
was tactically sound to approach a vehicle that you thought was a
threat?
Everything I did up to a point where we agreed that what I did was
stupid.
No. No. No. We didn't agree it was stupid. You said it was stupid.
Okay I agree, but I think everything else at that point was that I did
tactically sound. At that moment like I said where my door was at-
where I was angled at- where the actions were; I did what I had-
what I thought I had to do. Nothing more. Nothing less. I didn't
use any more force than I had to- any less force than I had to.
Did Mr. Cutter comply with you when you told him to get back in his
vehicle?
Yes.
Okay. And we can agree Mr. Cutter was not a threat when he got
out of the vehicle, because you saw no weapons displayed or
6
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
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Ofc. Reteguiz:
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Ofc. Reteguiz:
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Ofc. Reteguiz:
anything? (After a brief delay). You have to answer for the tape.
Hand gestures is not going to get it.
At that moment I perceived him as a threat eventhough I did not
see him with weapons.
Why are you perceiving him as a threat?
Because when someone comes out of the car like that in an
aggressive manner- jumping out of the car like that (inaudible), I
have no idea what he's doing. When- and right now the what if's.
What could have been. What should have been.
No. No. No. We can't go on what if. We have to base it on what
we know at the time of the traffic stop.
And why no other time at traffic stop when someone jumps out of
the car like that. I mean he could run. He can try to read for a
weapon from inside the car, or he might-
But you can't base one traffic stop on all traffic stops. Every traffic
stop is different, but what you're telling me is that everytime
someone jumps out the car you unholster your weapon.
Yes.
Are you afraid?
Do I want to go home at the end of the day - yes.
That wasn't my question. Are you afraid of this job and what you
do?
No. I go home. I do this job. I do the best I can. Yes there are
(Inaudible) moments. Those moments that get your heart jumping.
What I do- when I pull my gun like that, it's for my safety.
But you can't go around pulling your gun everytime somebody
jumps out of a vehicle - steps foot out of a vehicle.
He didn't step his foot out. He stepped his whole body out.
Okay his whole body. What did you see that was a threat when he
pulled his whole body out the vehicle? You have yet to tell me what
threat you saw.
I told you he come out of the vehicle in a that manner. I have no
idea what he was going to do. That's a threat.
7
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
That's not a threat.
That says at the time whatever - if he's going to reach for his gun -
(Inaudible) reach for a gun. That's not a threat, and I'm not going to
allow you to go back on the street - in your mind thinking that
everytime somebody jumps out of their vehicle in a quick manner
that's a threat. That's not a threat. That's how innocent people get
hurt. That's how officers get hurt, so no I'm not going to allow you
to sit here and say everytime someone gets out of a vehicle it's a
threat, because it's not. Now in your mind if you think that, then the
Major need to see that you get some more training other than what
you're getting. Because everybody that jumps out of a vehicle is
not a threat. So you have the mind - the wrong mindset. Are there
threats out there that get out of the vehicle? Of course there are -
probably several, but you can't base one traffic stop on every traffic
stop you make. And you said at one point, you've done it before
and you explain it to the people and they're cool about it. No that's
not cool. It's nothing cool about displaying your firearm. This is
what I read in your statement. If you are afraid of this job, then I
think you're in the wrong profession.
Sir I love this job and I'm not afraid to do it. I already encountered a
subject this past year, and I - I dealt with it. I chased after a
robbery suspect who probably was going to- who might of shot me,
and I still went to work the next day. So no I'm not afraid of this job.
But you're making decisions based on someone getting out of a car
fast. So if you stop me and I get out of my car fast, you're going to
draw your weapon? That's what you're saying now. That's my
understanding. And if I'm wrong in saying that to you - then you
can explain it better to me. So would I be correct in what I just
said?
(Inaudible).
No I asked you a question. First of all we're not going to play
getting smart. I'm asking the questions here okay, and you answer
them. Now if you feel you don't want to answer them, you can feel
free to get up at anytime you wish. I have no problem with it, and
I'm sure the Major don't have a problem with it either. Anger does
not phase me one bit at all. You can be angry at me at this point- I
mean I really don't care. I'm seeking answers. And my question to
you is: everytime someone gets out of the car fast, is it safe for me
to say that you unholster your weapon if they step out of a vehicle
fast?
If they step out of a vehicle fast-.
8
Lt. Oliver:
Ofc. Reteguiz:
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Ofc. Reteguiz:
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Lt. Oliver:
Ofc. Reteguiz:
Is that yes or no?
Yes I unholstered, so it's not drawn. It's not aimed.
Whether it's drawn or aimed, you unholster your weapon when
someone gets out of the vehicle fast?
Yes.
Did you notify your supervisor?
No.
Why?
At that point and time- so after that he calmed down. He got back
in his car and signed the Citation. I didn't see any problem getting
a supervisor. I didn't need a supervisor at the time.
You didn't think it was important to notify a supervisor that you
stopped the City Manager's husband?
At the time no. It's my first time encountering something like this.
(Inaudible).
And why did you write on the Citation that Mr. Cutter was the City
Because he was telling me about that. I was (inaudible) just to
remember it for court.
So why didn't you just write it on your copy?
I didn't think I had the time. I just wrote it down on there at the time.
Did Mr. Cutter make any threats to you when you got out of the
car?
Verbal threats- no.
He used physical? Stepped towards you physically?
No.
So is it safe to say there wasn't a threat?
No. It was a perceived threat.
9
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Major Talbert:
Ofc. Reteguiz:
Major Tolbert:
Ofc. Reteguiz:
Lt. Oliver:
I'm not asking you about what was perceived. I asked you did Mr.
Cutter make any steps towards you? Make any threatening
gestures? Walked toward you in an aggressive manner when he
exited his car?
He just exited the vehicle. I was trying to take cover. I unholstered,
gave him verbal commands, and he stepped back in the vehicle
after the verbal commands.
Did he comply with your verbal commands?
Yes.
Major do you have any questions?
Why were you and Baker riding together that day? Do ya'll
normally double up?
That happens when - I'm trying to remember. I think it wasn't
enough pool cars that day. He has a take home car.
You were not the driver were you?
He was the driver. I was the passenger.
I don't have anymore question . This interview concludes at 3:40
p.m.
10
Ptl David Baker- Personal Info
Home Address :
Assignment (Unit) : Operations Division\Patrol South\Southside Precinct
Emergency Shift : A-1 Shift: C-shift
Work Phone: 351-3400 Days Off: Fri, Sat
Home Phone: Cell Phone:
Contact Phone : Pager:
Contact Name : Relationship : Mother
Comments:
Last Name: Baker First Name: David
Middle Name : Surname (Jr, Ill) :
Rank (lookup) : Ptl Title (Civilian) :
Badge Number : 0 Sworn I Civilian : Sworn
Street Number : Street Direction:
Street Name : Street Type : y
Apt Number: City:
State (lookup) : GA ZIP:
Payroll Number: 11205 Activity: 4210
Social Security : Birth Date:
Operator License # : Employ Date : 01/04/2010
Licensing State : GA Term Status:
License Expires : 09/26/2013 Term Date:
Eye Color: BRO Hair Color: BRO
Race: White Sex: Male
Height: 6'0" Weight: 160
Degree Earned : High School College Hours :
Image Date: 09/22/2011
Photograph :
(rich text field)
NOTIFICATION OF ADMINISTRATIVE INVESTIGATION
TO: Officer David Baker
FROM:
DATE/TIME: 07/29/2013@
RE: OPS CASE# 2130710
You are hereby notified that an administrative investigation is being conducted to determine if
your actions in the incident outlined below constitute a violation of Department Policy and/or
Procedures.
COMPLAINANT'S NAME:
LOCATION OF INCIDENT: WhitebluffRoad near Holland Drive
DATE OF INCIDENT: July 15,2013 @ 4:37pm
ALLEGATION(S): Officer Reteguiz was unprofessional while conducting a traffic stop.
GARRITY WARNING
You are being questioned as part of an official administrative investigation by the Savannah-
Chatham Metropolitan Police Department. You will be asked questions specifically, directly,
and narrowly related to the performance of your official duties and/or your fitness for duty.
You are entitled to all the rights and privileges guaranteed by the laws and the Constitution of
this State and the Constitution of the United States. If you refuse to answer questions relating to
the performance of your official duties and/or your fitness for duty, or falsely answer such
questions, you will be subject to Departmental discipline, up to and including termination. If you
answer, neither your statements nor any information or evidence derived from such statements
can be used against you in any subsequent criminal proceedings, except for perjury or
obstruction of justice charges. However, these statements may be used against you in relation to
any subsequent disciplinary action.
I have read and understand the information above. My statement is being given pursuant
to a Departmental administrative investigation.
DATE: S TIME: .3
WITNESS: DATE: 7/:2 "'1/tJ TIME: I L(.' IS
SCMPD FORM 1 045w (06/0 1/07) CALEA 52.1.6
Captain Henry Wiley, Commander
Internal Affairs
Prior Discipline:
Officer David Baker
Violation Discipline
None
1
Today's date is August 6, 2013. The time is now 3:52 p.m. Myself, Lieutenant Andre
Oliver and also present is Major J. Tolbert. I will be in an interview with Officer David
Baker.
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Let me remind you that you'were advised of Garrity when you were
interviewed. You are still under Garrity. What I want to do
is take you back to July 15, 2013, a traffic stop on Mr. Cutter. What
can you tell me about it?
Do you want me to go through the whole traffic stop again?
Yeah.
I was driving that day. Officer Reteguiz was with me. Officer
Reteguiz observed a single occupant vehicle. I think it was a
Merceds or a BMW. I can't remember the color - traveling south on
White Bluff near Holland. We observed the male passenger not
wearing a seatbelt- he pointed out to me. We made a traffic stop.
The vehicle first came to a stop in the middle of White Bluff; and
after making a stop, proceeded and pulled into an old car wash
parking lot, leaving our vehicle out on the road way. When Officer
Reteguiz exited the vehicle, the male passenger exited his vehicle
at the same time. I got out of my driver's side. Officer Reteguiz
gave verbal commands to the passenger to get back in the vehicle.
The driver of the vehicle - legs came out of the vehicle, and his left
hand came out of the vehicle at the same time as his feet. After
Officer Reteguiz gave him verbal commands, and Reteguiz kind of
hid behind his trunk because of the way our vehicle was positioned
and left him no other way; because my vehicle was in the road. It
was a tactical positioning was really bad. Investigating a two officer
unit it just left no way for us to be tactical. Office Reteguiz gave
him verbal commands. I was on the opposite side of the - way far
away. The gentlemen put his feet and everything back in and
closed the door. Officer Reteguiz walked up to the driver's side,
and I came around the back side of my car to the passenger side. I
think the window was up, so I couldn't really hear what the
gentlemen was saying. Officer Reteguiz spoke to him. It was
pretty brief. He explained to him why we stopped the vehicle, and
got his driver's license and went back to my car and started running
his license and everything. Then I came around the back side of
the vehicle, walked up and talked to the gentlemen who was pretty
agitated. I started talking to him. He said he wasn't speeding. He
wanted to know why we pulled him over. I explained to him it was
because of the seatbelt and not because of speeding. He started
to calm down. We talked for a little bit. I explained to him we'd
have him out of there in just a second. It wouldn't take very long.
The officer would be back up there to talk to him in just a second.
1
Lt. Oliver:
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He seemed to calm down from where he was when he was initially
talked to by the other officer. I went back to my patrol vehicle.
Officer Reteguiz was by that time almost done with the ticket that
he was writing inside the patrol vehicle. I don't know if it was a
warning or a citation. He exited. Went back up. I was on the
passenger side. Officer Reteguiz spoke to him very briefly. He
gave him back his driver's license and had him sign the citation,
and he left.
What did Mr. Cutter do to make him- I read the statements. What
did he do to make him so disorderly? Mr. Cutter- what was he
doing?
To make who disorderly?
Mr. Cutter. Was he disorderly?
As soon as we pulled him over, he tried - like jumped out of the
car, and I don't know - . That usually don't happen on traffic stops.
So it made - I don't know why he was trying to get out of the car so
quick, but Officer Reteguiz gave him verbal commands to get back
in the car. And I guess when Ofc. Reteguiz went up to talk to him,
he was just- he was immediately agitated and yelling.
Could you hear the yelling?
I mean his voice was raised. He just wanted to know, "why are you
pulled me over"? I mean I couldn't hear exactly what was said,
because I was on the opposite side of the car, back like being the
cover officer. When I went up to talk to him, he was agitated. I
could tell. He was saying, I wasn't speeding. I don't know if he
said - exactly what he said, but "you have no reason to pull me
over" -stuff like that, and I said we didn't pull you over because
you were speeding. We pulled you over because you didn't have
your seatbelt on, and he said to me; I wasn't wearing my seatbelt
because I just had surgery on my shoulder. And at that time he
was reaching back with his left arm pulling the seatbelt while he
was doing that. So I didn't question him or anything like that, and I
said okay I understand. He said that- I want to say a month ago
he had shoulder surgery. I'm not exactly sure. I can't remember
exactly the month sir when he had it, and I didn't question him on
any of that. I just said it will be a couple of more minutes and the
other will be back up and talk to him; and we'd have him on his
way. And he seem to calm down when I talked to him.
When Officer Reteguiz got out of his vehicle, did he have his
firearm displayed before he got out of the vehicle; or when he was
getting out of the vehicle?
2
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When he got out he immediately went to cover behind the trunk,
and I think he grabbed it and brought it out just a little bit. It was
hard for me to see because he was on opposite side of the car and
the car was between us, but I could see that he went behind the
trunk real quick; because the guy was coming out quick. Like he
said door immediately when Ofc. Reteguiz got out the car to
approach, the door came open and his legs swung out.
So was he able to get all the way out of the vehicle? Did he ever
get all the way out the vehicle?
No his legs swung out and then Officer Reteguiz moved real quick
like from behind the truck, and gave verbal commands. So I guess
it stopped him from getting out of the car.
Okay so at no point did Mr. Cutter got out of the vehicle and was
standing up?
No he wasn't. I don't think he was standing up. His legs came out
though. I know that. I seen that. I was trying to watch Reteguiz
and him at the same time, so a lot was going on- to make sure.
Did you perceive Mr. Cutter to be a threat?
When he first came out the vehicle, I ducked down a little bit and
tried to watch what was going on, but after he was back in the
vehicle and everything - I mean we approached with caution.
Did you display your weapon at anytime?
I didn't bring it out of my holster or anything.
Did you unsnap it or anything?
No I put my hands like - I put my hands on it. I didn't take it out or
anything.
So-
I just duck down near my car a little bit.
Normally on traffic stops do you unsnap your weapon when you
make traffic stops?
Not every -when I'm approaching, I'll put my hands close to it or
just walk up; but if somebody gets out - it all depends on like - if
the door starts getting open I would probably - . In Reteguiz
situation I'd probably - how quick that door opened and his leg
swung out, I probably would of started to draw my weapon.
3
Lt. Oliver:
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Lt. Oliver:
But I'm saying - my question is if someone is getting out of the car
-let me back up. We're talking about you. In normal situation- if
someone gets out of the car fast, would you unsnap your weapon
or would you assess the situation before you do that? Or is it
common practice for you to unsnap your weapon when you see
somebody get out of the car quick?
I would -I'd probably- yeah I would unsnap. It all depends on the
situation I guess. In that situation - yeah I would of. If I was on the
other side. I had cover. Reteguiz really didn't.
Okay. And that's my question. Why didn't you?
Because I had the car between us. I was behind the car, and
Reteguiz got out a little bit before me.
But you had another officer's safety (inaudible). Let me ask you
this: Did you see a weapon in Mr. Cutter's hand?
I never seen. I seen his legs come out, and Reteguiz was already
giving verbal commands. So I guess Reteguiz was already a
couple of seconds before me and I had to react to him, and then
look down.
So my question is: what was the threat to make Office Reteguiz
pull his weapon?
Officer Reteguiz seen different things than I did, I guess.
Right. So I'm asking you did you see a weapon in Mr. Cutter's
hand?
I didn't.
Did you see anything other than his feet coming out the door?
I just seen him trying to get out the vehicle.
Right. And when you told him to get- I'm saying when you saw
that, did you perceive that as a threat?
On a traffic stop, anybody getting out of a vehicle I would take that
as -I mean I would just have to attest it. I wouldn't approach them.
That's my point, so you would wait to see what kind of- or observe
to see what you got? So would it be normal? Would it be safe to
say that you would assess the situation before you went to your
firearm?
4
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
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Lt. Oliver:
Ofc. Baker
If they continued to get out of the vehicle, I would have it out. I
would want to have - If they continued to come out of the vehicle,
you never know if they have something in their hand or not.
And if you go up to the vehicle, you never know what they got in
their hand.
Exactly.
So-
That's why we needed the B-post, and we stayed behind them.
And I'm trying to figure out what is this thing about - most people if
you stop them are going to try to get out of the vehicle. So I'm
trying to figure out what this thing about somebody getting out of
the vehicle? And that's fine -you're assessing it, but you have to
assess it-.
Does most people try to get out of their vehicle?
Most try to stop it. I've been engaged in you stop a person, the first
thing they're going to do is jump out - hey what you stop me for?
And that's fine to tell them to get back in the vehicle. What I'm
saying- it sounds like to me it's a routine thing. If somebody gets
you out of the vehicle, the first thing is that everybody wants to
unsnap their weapon, so I'm trying to see and understand.
I haven't had that many people jump out on me on a traffic stop.
But if somebody gets out on you, is it normal that you unsnap your
weapon?
If they jump out on me in a quick manner. I would be ready for
anything that would happen I guess.
So Mr. Cutter's door come open. You see his feet. No weapon in
Mr. Cutter's hand of any type? You never saw his hand?
I don't remember seeing his hands.
Did you see any movement in Mr. Cutter's car prior to you guys
pulling him over? To make you all think that he would have a
weapon?
It was strange for him to stop in the middle of White Bluff, wait for
us to stop, and then proceed, keep going, make a right turn into a
5
Lt. Oliver:
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parking lot, and then leave us out on the roadway. That was
strange to me.
It would be strange to think - it's strange; but if he doesn't know the
distance that he left you to come in, how would that be strange?
I'm not saying he purposely left us on the road. I'm just saying
usually when a vehicle stops in the middle of the road, and then
they usually stop right there. They don't stop, wait for the police to
come up, and then go and then pull into a parking lot that's right
there (inaudible) where we were stopped originally.
Did Officer Reteguiz seem to be afraid?
It caught him off guard. When he got out of the car, and that door
came open, and he went to the back of the vehicle, the trunk of the
other car. Because it caught him off guard. He wasn't expecting
the door to come open.
But he mentioned being tactically sound. If he's as tactically sound
as he say he is, and I can't speak for you. A tactical person is
prepared for anything wouldn't you say?
I can't speak on behalf of how he felt or how he feels.
No I'm talking about you. Do you think you're tactically sound?
(Inaudible).
I mean I'm just asking. I don't know.
I guess in certain situations. I mean we can only prepare for so
much. We don't know when things are going to happen.
But -let me make sure. You never saw any weapons? You never
saw Mr. Cutter's hands? You only saw his feet?
I only saw his feet.
You never saw his hands?
I seen the door come open and then his feet. I was trying to watch
where Retequiz was- it was bad positioning. I wanted to make
sure the vehicle wasn't going to back up and smash Reteguiz
between my car and his. A whole lot of stuff was going on all at
once.
6
Lt. Oliver:
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Lt. Oliver:
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So Reteguiz got out of the car and instead of trying to seek cover,
he made Mr. Cutter get back in the car and started approaching Mr.
Cutter's vehicle?
He went and covered behind this trunk and his car.
Behind Mr. Cutter's vehicle?
Yeah. At the same time looking down I guess to where the door
was, but I'm behind - over mine - I mean I'm in the - pretty much
the best position, and it's two people in my car who (Inaudible) in a
bad spot.
Would you think that's tactical for him to get behind the car that he
just asked the man to get back in and could put it in reverse and
back up on him?
No. I don't know where else Reteguiz could of went. I mean he
probably could of went around the other side, but I - .
We can retreat now. There's nothing in the book saying we can't
retreat.
Oh not at all.
I'm just saying so.
So Officer Reteguiz-
Right but I'm saying -
I don't know how Reteguiz thinks.
You as a tactical officer- just being tactical, do you think that was a
safe thing getting in behind the suspect's vehicle?
No. I thought of that. I didn't want Reteguiz to get smashed.
That's why I'm trying to think. I'm watching Reteguiz and him.
That's why I'm trying to - I was trying to do two things. I'm use to
training people. I'm use to having someone in the car with me
every now and then; and I'm trying to watch Reteguiz and him. It
was hard for me to watch everything going on at once.
So prior to you guys stopping Mr. Cutter- as you were following,
you saw no other movement in the car until you stopped him and
you got out of the vehicle and you saw his feet coming out of the
vehicle?
7
Major Tolbert:
Ofc. Baker:
Major Tolbert:
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Major Tolbert:
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Ofc. Baker:
I just have a couple of little questions. Have you ever really caused
the officers (inaudible)?
Yes ma'am.
You all ever had to draw your weapon on these traffic stops?
A few. Yes ma'am.
Go off your traffic stops (inaudible)?
Yes ma'am.
And you all ever had to draw your weapons?
Not that I can recall right off the top of my head.
(Inaudible)?
No ma'am.
Would you say Mr. Cutter was upset? Or he was angry?
I think he was - he was upset maybe that we pulled him over
originally, but then I don't even know how to describe it.
Tell me what - tell me what (inaudible). Other than the fact that
you guys made a traffic stop - what did you see? What was
displayed? What made you feel that he was angry, upset, or what?
I didn't understand the way he was angry, because he said - he
said to me why did you - "I wasn't speeding"; but he clearly knew
he wasn't wearing a seat belt. He even told me he wasn't wearing
a seatbelt, so I don't understand why he would even argue this. So
- because he clearly stated to me. He says I wasn't wearing it
because I had shoulder surgery. So he knew he wasn't wearing a
seatbelt. He knew the reason. I even explained it to him. So- but.
What do you think made him upset? What was the questions
(inaudible)?
Maybe Reteguiz yelling at him to get back in the car.
You don't have any idea why he would be upset?
He was never facing us I don't think. His legs came out, the door
was open, and before he could even get out of the car all the way
Reteguiz said shut your door. Get back in the car. We'll come to
you I think, and maybe that upset him. I'm not sure, but-.
8
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Well let me ask you this: did ya'll unholster {inaudible) in an
attempt to get out of the vehicle?
Both of- Reteguiz did -yes ma'am.
Okay Reteguiz stopped him before he could get out the car. Why
do that happen? What did you see go on with him that was of a
threatening nature?
Before that it was no - up until the door came open, everything was
completely - I mean normal.
Okay, so there was nothing that happened prior to the door coming
open that would have him think I'm being threatened by
{inaudible)?
No ma'am. Everything seemed routine up until the door came
open.
And when the door came open, how long was the door open before
you all asked- Reteguiz asked {inaudible)?
When the door came open, Reteguiz moved quickly from my door-
the passenger door, and immediately began telling him to close the
door and get back in the car.
Would you say that happened within a minute? Two minutes? Five
minutes?
Oh within seconds.
Within seconds?
Yes ma'am.
So the door comes open- open (inaudible)?
Yes ma'am. Yeah Reteguiz gets out, and his door - Reteguiz
starts opening his door, and he starts opening his door.
Okay (inaudible). So he opens his door up, and (inaudible) just like
that. And show me how soon after his door comes open he
(inaudible). Demonstrate.
As soon as Reteguiz gets out, this door opens with his almost.
Reteguiz is back here. It's something like that. Reteguiz- the door
opens. Reteguiz starts giving verbal commands. It probably stays
open five - six seconds because his leg is back in, and then he
9
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Major Tolbert:
shuts his door. In that whole time, he's giving verbal commands:
Shut the door. Shut the door. I'll come to you. And then Reteguiz
is back here -give him a second and while I'm coming around; and
then Reteguiz slowly walks up - standing behind the B-post and
talks to him while I'm over here.
Okay and so that happens (inaudible)? Within that time period -
those seconds that he opened the door, tell me - what about that
that made that threat to you guys? The second that he opened and
closed the door, what happened there that made this feel like a
threat?
I guess him- the way he came and swung his legs out. That quick
-the door coming open quickly and his legs coming out.
That's the threat that you felt (inaudible)? Nothing else about the
(inaudible).
Reteguiz seen everything before I did, because I'm over here.
Reteguiz is going to approach, and I was going to walk around.
Reteguiz holds out to the back to the trunk, and I hear everything a
little bit later than Reteguiz does. And I'm reacting to his response.
So I think what the Major is getting at is did you see a threat?
After Reteguiz. I seen the feet come out.
But did you see a threat? When you saw his feet come out, did you
see a threat? Other than seeing his feet come out, did you see a
weapon? You saw Mr. Cutter's feet come out the vehicle, and
Reteguiz immediately told him to get back in the vehicle; and he
complied? Or did he comply- I'm asking a question?
Not immediately.
But at some point -you said it was within five seconds.
He complied after verbal commands.
Not a very long time. So he complied. So where was the threat is
what the Major is asking. Not what we perceived he was going to
do. Did you all see a threat? Other than him getting out of the car
with his legs, was there a threat? Did you see any weapons?
There was no threat.
And that's what I was trying to understand. What would make you
two guys feel that you all felt threatened? If you didn't feel
10
Ofc. Baker:
Lt. Oliver:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Tolbert:
threatened then that's fine, but I'm trying to comprehend what
would make (inaudible) that this individual was threatening.
Anybody opening a door on a traffic stop would make me feel
threatened coming - and their legs coming out immediately. Like
just opening the door - maybe not, because some people's
windows are open, and I've had people crack their doors. That just
made me raise my suspicion a little bit; but opening doors and their
legs swing out right away raises it a little bit more.
I'm not-
Okay let me ask you this: I'm trying to understand why I have to
tell as to why you all reacted to this - . Just thinking about what
you just said, if a person swings open a door, or attempt to put their
body outside of a car, you would be heightened in your emergency
(inaudible). Okay so with that heighteness that you've been raised
to would that warrant then the drawing of a weapon? Under the
Use of Force Policy if you're familiar with it, does that then give you
a level of highteness to draw your weapon? Based on- do you feel
that that would warrant you drawing a weapon? Merely because of
(inaudible) the opened door and (inaudible) get out of the car.
Would that be heightened enough for you to draw your gun? I'm
trying to understand why the weapon came into play. I'm basing it
on what you all are saying in terms of this threat that you felt. So
I'm trying to get you to explain to me. If you feel that that level of a
threat would warrant you raising your level of force to that of a
weapon. Do you understand what I'm saying?
Yes ma'am.
Tell me - is that what happened in your case? You feel like it
raised it to that level for you to draw your weapon?
I just think there's a reactionary doubt there. If somebody's coming
out of the vehicle, you never know what they have in their hands
until you can see. In order to have that reactionary doubt and be
able to respond if there is a threat, you need to have - you need to
be able to have it up and able. Not up, but - I mean I don't think
anything was pointing it at anybody. I couldn't see - Reteguiz is
right-handed. Everything is on that side. I don't know, but-
Do you - I don't want you to try to answer for Reteguiz because
you can't. You can't say what Reteguiz would do or wouldn't do.
All it's asking you here in a scenarios like that, what you would do;
because you weren't back there. Eventhough your reaction was
(inaudible) Reteguiz he responded to this situation with (inaudible)
you did. But it's knowing the Use of Force Policy as you do, under
those circumstances, is that enough to draw your weapon? Does
11
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
that qualify for you, and if it is then that's fine. I just want to know
what qualifies you drawing your weapon? What level of a threat
you perceived to draw your weapon? And you feel that if a person
opens their car door that's enough for you to draw a gun?
When you - drawing and then - like presenting and pointing it is
totally different. I just -
Drawing it is what to you: pulling it out of the holster? Having it in
low ready? Just having it in front-?
Yes ma'am. I like- I wouldn't- just getting it out of the holster, that
way it's not -
Let me ask you this: What's the difference- explain to me what a
felony traffic stop is? You know what the difference is in a routine
traffic stop and a felony traffic stop? What's the difference?
When the vehicle is stolen, we bring them back to us instead of
approaching the vehicle.
A felony traffic stop is when the vehicle is stolen.
We have them come back to us. We bring them out of the vehicle
and bring them back to us instead of approaching the vehicle.
Okay. That's considered felony traffic stop and that's what you
think right; and so if a felony traffic stop is did, do you at any point
draw your weapon to order that individual?
Yes ma'am.
If the weapon is drawn on a felony traffic stop, and you're giving
direction and instruction to the driver: come back, I need you to get
out, step your hands out the car, step your feet out the car, all that -
a classic felony traffic stop. Did any of that exist in this - ?
No ma'am.
Okay. So you will not perceive this stop as a felony traffic stop?
No ma'am.
This was just a regular routine stop?
The traffic stop in itself was - when the door came open quickly
and the feet came out, for a second while that happened until we
could approach again the -you know wanted to be -
12
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker::
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Let me ask you this: When we go to range training, at anytime
when we're doing just vehicle stops or we're on the range and
we're trained - when you're at the (inaudible) yard line, do you
remember what the training is? On the sound unsnap your weapon
and fire two rounds. Hit two rounds in? Are we ever taught on the
range to pull our weapon other than if we're in close encounter with
a suspect? We have identified a suspect- you and I. You're my
suspect. You've been in an aggressive manner. I have identified
you. I had my weapon at low ready, and I'm giving you commands.
So would that have constituted that on that traffic stop is what I'm
asking you? When Reteguiz did what he did - would that constitute
him being at low ready for this?
Yeah. I guess with the (inaudible). You just said that if-
The traffic stop that you all made, Mr. Cutter- .
If you identified drugs.
Right. If you identified the threat.
I mean- that's going into what maybe what he perceived.
And I'm asking - and that's why I asked you did you perceive it a
threat?
I didn't that's why I didn't bring my gun out.
Yeah we're talking about you. Yeah you didn't perceive it a threat,
and that's why I'm saying you didn't perceive it as any threat. So
it's safe to say that you and Reteguiz handle traffic stops in a
different manner probably. I wouldn't say that you all are - his thing
is anytime somebody feet comes out the car quick, he unsnaps his
weapon. That's his statement. You're saying you put your hand on
your weapon sometimes, but it may be unsnapped, but you put
your hand close to it is what you said earlier. I mean I just want to
make sure.
It all depends on how things go, and I go to the range a lot and I
train and I - to get my gun out quick and stuff. I have a different
holster than him too. I can come out of my holster a lot quicker
than Reteguiz can. It all depends. It's just the situation.
Let me ask you: did you contact the supervisor?
No we didn't. I talked to- the Sergeant at lA said something about
that. We probably should have.
Major anything else?
13
Major Tolbert:
Ofc. Baker:
Lt. Oliver:
Major Talbert:
Ofc. Baker:
Major Talbert:
Ofc. Baker:
Major Talbert:
Ofc. Baker:
Major Talbert:
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Major Talbert:
Lt. Oliver:
Did you think that this particular situation warranted you to
(inaudible) these forms being completed or Incident Report being
written despite the fact that you guys (inaudible)
I didn't think about it.
And that's one of the issues that we face. If Reteguiz perceived
there was a threat, why wasn't a report written indicating, outlining
the actions? So - because he didn't write a report does that mean
the threat wasn't as big as he thought the threat was, or he just
didn't write a report. You can't answer that - I'm just making a
statement.
Reteguiz is not in training with you - he was just riding with you?
Which one of ya'll (inaudible)?
Me.
Did you see anything at all that Reteguiz did wrong in this traffic
stop?
I don't think he did - I mean .
(Inaudible). What about the (inaudible) on the traffic stop.
(Inaudible).
I didn't know that until just not too long ago. I didn't look at the
Citation.
Would you have written (inaudible)?
That's just not my normal practice. The only time I write on them-
accidents. I put at fault if they're (inaudible), but citations other than
accidents, I let them know when I go to court. And (inaudible).
Do you have any questions?
No ma'am.
(Inaudible).
This interview concludes at 4:24 p.m.
14
--
SECTION 6
Official Documents
Uniform Traffic Citation
# 3477454
... Numoer Utanon Ntl!ncer
SAVANNAH CHATHAM METROPOLITAN POLICE DEPARTMENT
- ear) ):JLl Bl 9- ' 'fJ i ::
Expues
5
0
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2
l:i
"'
<I)
Name
C11y
DO
Veh Yr
Reg!Slraboo No
1 COL DYEs ACCIDENT OvES NO
0 2 LANE ROAD 0 DRIVER REQUESTED ACCURACY CHECK 0 LASER 0 RADAR
W11111n me Slate ol Georg1a dl C<i111m11 tho loilowln9 off......, SPEEDING Cl- by0 PATROl VEHICLE
(Senal ) e1 MPH "' a zone
0 BLOOD 0 BREATH 0 URINE 0 OTHER) OUI Test Results ______ _
You r:>hare'i'f, """red" lo .1:':"' Ill Court to answer t1u oharge on 1lle dey ot
20 F 0 PM rn tho RECORDERS COURT at 133 t.'ontgomety Street Courtroom 0 l!
(912 652 7425) 0< 1n 11M! CbaU!am County JUVENlLE COURT at \97 Carl GnH1n Onve (912 652 6700) lo<:ated 10
SAVANNAH GEORGIA
NOTICE Tblt cllllllon maO contllblt8 ofltclal noi!Qo to you !hoi f11lure !<> op!!!lt In Court atlll date and mne alated
on IIIIa cllllUon to dlspote ol lilt cltd cfllrges agatnrt you sholl CIIUte the dHignated Coull to ,,,,.,.111 your dtMir a
IIC<Iftllt nmr*tr to the Depettment ol IJnv S.Mce8 mur di1vor 1 llcanM shall be lutpended {Geor1Jie Code
1H! 11 and 40-!1-551 The auapenalon onollremaln In affect until auch tim at thtre to a IIUolactory dlopostdon In ltllt
mallei' or the Coull notll tho Oopartmont of Driver SOrvleta
UCENSE DISPLAYED IN BAIL 0 YES 0 NO RELEASED TO --------------
SIONATlJRE ACI<fl
SIGNATURE
Ll C E
cnal&andllrd$,
SECTION 7
Additional Information
5.) Lt. Robinson's Memorandum
6.) Pet. 4 Roster
7.) CAD History
8.) Training Power Point: Vehicle Stops
: ~ ~ ~ ~ ~ ~ P C Ll CEo
Chlief W1111e c. LOvett
July 15, 2013:
Major;
At approximately 4:45pm, Precinct 4 Officer Frank Retequiz and Officer David Baker
initiated a Traffic Stop at White Bluff and Holland Drive. Information shows them logged
on as a two-man unit.
Two individuals were in a 1988 BMW bearing Georgia plate PDE4596. Kimberly Cutter and
Robert Lee Cutter were occupants of the vehicle.
I made contact with Sergeant Hiram Rivera at Records Management and asked him to find
the ticket as sent to be scanned #3477454. Upon his return call, he said he found two
tickets; one for Robert Lee Cutter and one for Kimberly Cutter.
Sergeant Rivera said Ticket #3477454 was written to Robert Cutter for a Safety Belt
Violation and that the ticket had comments indicating that the belt was not on and the Mr.
Cutter stated "his wife is the City Manager". He also wrote that Robert Cutter was
disorderly on scene.
Sergeant Rivera said Ticket #3477455 was written to Kimberly Cutter for No Tag. No
comments were indicated on this ticket.
No report is indicated as accompanying this traffic stop with the call cleared as Citation
Issued. There are no remarks indicating that a supervisor responded and there are no
remarks in the call indicating that anyone was disorderly on scene.
Please see attached information regarding the CAD log. The officers are assigned to
Precinct 4 and assigned to C Watch under Sergeants John Cain and David Owens and
Lieutenant George Gundich. Their photos are shown below.
Lieutenant DA Robinson
Savannah- Chatham Metropolitan Police Department
(912)651-6664
SOUTHSIDE PRECINCT
CAPT. FAGERSTROM MONDAY, JULY 15,2013 UPDATED 07.15.13@ 1122AM
Call Day Day Spec.
Sign Last Name First Name PR# Rank Off Off Remarks Qual. Watch
MIDNIGHT SHIFT 22:30 -07:00
4a2 James David 60211 Sgt Fri Sat 8
Famble Ramona 1081 LT Sun Mon 8
Carroll Harry 02656 Sgt Sun Mon CIT, PTO 8
41a1 Ansel Eric 1722 Cpl Sat Sun PTO,CIT,Z 8
41a2 Nelson Matthew 11805 Ptl Fri Sat 8
42a1 Ensanian Cody 61148 Ptl Tue Wed 8
42a2 Hamm Mason 11324 Apo Fri Sat CIT 8
43a1 Cotter Jeff 10572 Apo Fri Sat MFF,CIT,PT08
Little Andrew 11406 Apo Sun Mon Mon!Tue off this week 8
44a1 Gonzales Michael 61150 Ptl Tue Wed 8
44a2 Kirby Amber 11804 Ptl Thu Fri 8
45a1 Barrett Patrick 12038 Ptl Wed Thu B
46a1 Potter Dylan 12047 Ptl Tue Wed B
Bryson Daphne 10960 Ptl Thu Fri Light Duty 0800-1630 Sat/Sun CIT,Z B
Carlson Monique 11601 Ptl Tue Wed Light Duty Sat/Sun 0800-1630 CIT B
Edwards Robert 60224 Apo Sun Mon PTO,CIT B
Kaspar Gary 00545 Apo Sun Mon R,CIT,PTO B
Marquez Enrique 10083 Apo Sun Mon PTO,MFF,CIT,L,R,M,T,Z B
O'Briant Joshua 1061 Cpl Sun Mon PTO,S,CIT B
Organ Sarah 10500 Ptl Tue Wed Military Leave thru 2014 B
Walker Freddie 61169 Ptl Tue Wed Vacation B
DAY SHIFT 06:30 -15:00
4b2 Kovach Cameron 1447 Sgt Fri Sat A
147 Brown Ashley 1046 LT Fri Sat A
Martin Thomas 4838 Sgt Sun Mon A
41b1 Cera me David 11865 Ptl Wed Thu A
42b1 Delong Ernest 11965 Ptl Tue Wed A
42b2 Smith Brian 61167 Ptl Tue Wed A
43b1 Norris Thomas 11979 Ptl Tue Wed A
44b1 Haun Michael 11411 Apo Fri Sat A
44b2 Wissner Nicholas 11872 Ptl Thu Fri A
45b1 Noto Anthony 11877 Ptl Thu Fri A
46b1 Owens Kasey 61161 Ptl Tue Wed A
Agnew Roger 60001 Cpl Sun Mon SA w/Delta Sat/Sun
..
A
.
Coleman Griffith 4561 Apo Sun Mon MFF A
Kaspar Kristy 2064 Apo Sun Mon Z,CIT A
Komrow David 1397 Cpl Sun Mon PTO,I, R,CITA
Lyle John 00621 Apo Fri Sat Holiday CIT,PTO,MFF ,Z A
Manasco Daniel 11803 Ptl Mon Tue MFF A
Raven Jakob 00416 Ptl Fri Sat Military Leave thru 2015 CIT,R,S A
AFTERNOON SHIFT 14:30 -23:00
4c1 Owens David 1280 Sgt Fri Sat c
Gundich George 1429 LT Sun Mon c
Cain John 1284 Sgt Sun Mon CIT,Z c
Nichols Michael 1645 Sgt Fri Sat Terminal Leave thru 1.1.14 c
41c1 McMurry Jeffrey 11448 Ptl Fri Sat MFF,CIT c
42c1 Reteguiz Frank 11607 Ptl Fri Sat MFF,CIT c
42c2 Baker David 11205 Ptl Fri Sat CIT c
43c1 Fields Craig 11968 Ptl Wed Thu c
44c1 Menendez Esvin 11713 Ptl Thu Fri
c
44c2 Micheli Robert 61270 Ptl Tue Wed c
45c1 Nihiser Brent 11978 Ptl Tue Wed
c
46c1 Nichols Cameron 11816 Ptl Wed Thu CIT c
40c Dobbs Shaun 11809 Ptl Tue Wed CIT c
Drongowski Gregory 00615 Apo Sun Mon CIT c
Durrence Brian 11866 Ptl Mon Tue
c
Odum Brittany 11796 Ptl Tue Wed 4 day blk c
Peplow Michael 00618 Apo Sun Man I, L, R,CIT c
Rafferty Sean 11727 Ptl Sun Man SAw/Delta Sat/Sun CIT c
Reiss Allison 11420 Ptl Sun Man MFF,CIT c
Sheller Jonathan 11874 Ptl Wed Thu 4 day blk c
Stephenson Daniel 10642 Ptl Fri Sat SA w/Delta Sat/Sun CIT,PTO c
Suddath Kasey 00174 Apo Fri Sat Holiday PTO c
PRECINCT DETECTIVES 08:00-16:30
1340 Larry Robert 1545 Sgt Sat Sun G
1341 Giles Aulmon 7087 Cpl Sat Sun G
1342 Kassees Matthew 00361 Apo Sat Sun PTO,CIT,MFF,Z G
1344 Bote Chad 4556 Apo Sat Sun MFF G
1347 Hurley Dian 1170 Apo Sat Sun Juvenile Detective L,R G
1348 Uritescu Michael 1067 Cpl Sat Sun G
Borkowski Natasha 10963 Apo Sun Man G
CRIME SUPPRESSION UNIT
Williams Lea 60182 Sgt Sun Mon D
Glenn Harry 1400 Scpl Sun Man D
Cooper Rodney 5915 Apo Sun Mon CIT,PTO R D
Holler Bryan 10639 Ptl Sun Mon CIT,Z,PTO D
Burdette Zachary 11208 Apo Sun Man CIT D
Inglett Andrew 11424 Ptl Sun Mon CIT D
Rowan Michael 11402 Apo Sun Man D
DELTA WATCH 1030-1900 SAT/SUN OFF 6.2.2013-8.12.2013
4d3 Agnew Roger 60001 Cpl Sun Mon SA w/Delta Sat/Sun * A
41d1 Harvey Norman 10557 Apo Sun Mon CIT D
42d1 Jones Raymond 1503 Cpl Sun Mon D
42d2 Stephenson Daniel 10642 Ptl Fri Sat SAw/Delta Sat/Sun CIT,PTO c
44d2 Rafferty Sean 11727 Ptl Sun Mon SA w/Delta Sat/Sun CIT c
Kruwel Trevor 00628 Apo Sun Mon Vacation S.Z,PTO D
111 Fagerstrom Dean 2749 Capt Sat Sun F
1146 Ernst Diane 3556 Civ Sat Sun F
CP04 Simmons John 1358 Cpl Sat Sun F
Smith Jacqueline 01737 CRO Sat Sun Injury on Duty CIT c
SPECIAL QUALIFICATION CODES
CRO - Community Resource Officer I - lntoximeter Operator
CIT- Crisis Intervention Team L - Lidar Operator
EOD- Explosive Ordinance Device Team M- Militarv
HNT- Hostage Negotiation Team R - Radar Operator
PTO - Police Training Officer T- Foreign LanQuage
PTR- Patrol Training Recruit S - Swat Member
D- Dive Team Z- Taser
F- Field Training Officer * - Star Corooral
SHORTAGES
Vacancy Light Duty/100 Special Assan. Other Mllitarv Leave PTR's TOTAL
3 1 (Sgt. Termina 2 6
Leave)
Police Event #S20 131961 092 Page 1 of2
Detailed History for Police Event #820131961092 As o7/22/2013 10:51:38
Output for:
Priority:2 Type:TSS- TRAFFIC STOP
Location-12323 WHITE BLUFF RD SAV btwn HOLLAND DR and AUSTIN DR
'
!created: 1107/15/2013 16:37:121!621911116071
!Entered: 1107/15/2013 16:37:12ll62t9U116071
[ !);patch: [[07/1 5/2013 16:37: 12[[621
IEnroute: 1107/15/2013 16:37:t2ll6219l1160
lonscene: 1107/15/2013 16:37:12116219!1116071
lctosed: llo7t15/2013 16:46:261162t9U11607l
ICUnit: PrimeUnit:42Ct Dispo:S5 Type:TSS- TRAFFIC STOP
Agency:SP Darea:PCT4 Beat:44 Block:5731B rJ Detail
16:37:12 *CREATE Location:12323 WHITE BLUFF RD, SAV Type:TSS Darea:PCT4 Area:5731B Plate:PDE4596
TypeDesc:TRAFFIC STOP LocDesc:btwn HOLLAND DR and AUSTIN DR Priority:2
Response: 1 PAT Agency:SP Beat/Dist:44 LocType:S
16:37:12 *ENTRY Plate:PDE4596
16:37:12 *DISPOS 42CI Location:12323 WHITE BLUFF RD, SAV PR:ll6071 1205
OperNames:RETEGUIZ,FRANK; BAKER,DA VID
16:37:12 -PRIU 42CI
16:37:12 -NPREMS Comment:(none)
16:39:02 *M1SC 42CI Comment:Message From Terminal/Unit: STDR Operator:()
Date/Time Sent: 15-JUL-2013 16:37:14
1 L01GA02503606219.SVCX-01533323 DORRQ 20130715 16:37:37 20130715 16:37:37
083DOE5F67
RR.GAG B10051.SVCX.TXT
GEORGIA REGISTRATION AND TITLE INFORMATION SYSTEM
RESPONSE BASED UPON:
LIC/PDE4596 LIT/ LIY/ LIENS:
ATTENTION:
VEHICLE DETAIL RESPONSE
VIN: WBAAB5400J98085571988 BMW 325 2S
TITLE NO: 30847657 PURCHASE DT: 19951010
CUSTOMER 10: DOB:
ROBERTLEECUTTERJR
CURRENT PLATE NO: PDE4596 CAT: AA ISSUE DT: 20120727 VALID DT: 20130727
DECAL NO: 32206708 REGISTRATION STATUS: ACTIVE
INSUR:VALID INSURANCE COVERAGE 2010-06-29 GEICO DIRECT
PRIOR PLATE NO: 564KTR CAT: AA ISSUE DT: 20110727 VALID DT: 20120727
DECAL NO: 22123651
*END OF MESSAGE*
16:39:31 *MISC 42CI Comment:Message From TerminaVUnit: STDR Operator:()
Date/Time Sent: 15-JUL-2013 16:39:26
1L01GA02503606219.SVCX-01533324 CONCAT 2013071516:39:50 2013071516:39:49
083DOE5F69
DR.GAGBI0051.GA0250360.TXT
NAM/CUTTER,ROBERT.DOB/ X/M.
NAME:CUTTER, ROBERT LEE
http://rmsweb/PRD752/Html/SystemDocs/CADinterface.aspx?IHQ+%23S20 131961092 7/22/2013
Police Event #S20 131961092
ADDR:
SEX:M
CLASS: CM ISSUE DT:07/30/2010 EXPIRE DT:07/27/2015
TYPE:REGULAR SURR DT:
RESTRICTION :A/NONE
ENDORSEMENT: NONE
COMMERCIAL STATUS:NOT LICENSED
NON-COMMERCIAL STATUS:VALID
PERMIT STATUS:NONE
ACTIVE SUSPENSIONS:NONE
END OF NAM/DOB/SEX/INQUIRY
16:46:26 *CLEAR -12Cl Dispo:S5 DispoLevei:O
I 6:46:26 -CLEAR
16:46:26 *CLOSE
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7/22/2013
VEHICLE STOPS
Gary Taylor
Savannah-Chatham Metro Police
Training Unit
Vehicle Stops
EACH YEAR, ONE POLICE OFFICER WILL
DIE EVERY WEEK!
Of these officers twenty percent will be
killed during a traffic stop.
l
Vehicle Stops
Why are vehicle stops so hazardous?
Officers seldom knows the occupant(s).
Officer doesn't know if weapons are
present.
Officer doesn't know background of
occupant.
Vehicle Stops
Four Categories of Vehicle Stops:
1. Traffic Violations
2. Investigation
3. Unknown Risk
4. Felony /High Risk
THERE IS NO
ROUTINE TRAFFIC
STOP
Vehicle Stops
What do you have to have prior to ANY
stop?
PROBABLE CAUSE
Vehicle Stops
Prior to making the stop
Information to be given on the radio:
Officer's I.D., location, description
of vehicle/occupants, tag number
and the purpose of the stop.
Vehicle Stops
Positioning the Police Vehicle
Your vehicle should be used as cover, to
protect you from on-coming traffic and
the violators vehicle.
Vehicle Stops
There are two types of vehicle
positioning techniques.
1. Off-center method
2. Modified stop position
Vehicle Stops
Officer approach
Most Dangerous Part of the Vehicle Stop.
Vehicle Stops
Officer approach
Observe occupants of vehicle.
Do not get in a hurry - Patience.
Walk close to your vehicle.
Vehicle Stops
Officer approach
Your strong hand should be on your
weapon.
Flashlight or citation book in your
reactionary hand.
Vehicle Stops
Officer Approach
When you get to the trunk - gently push
down on the deck lid.
Stop your approach behind the center
post on the driver's side.
Vehicle Stops
Conclusion
Many officers have a tendency to
become complacent when making
traffic stops - this comes with time of
service and experience.
Vehicle Stops
''Unk Risk''
Metro Police Department
Training Unit
Goals & Objectives
General Orders
Threat Assessment
Officer Preparation
Stopping the Vehicle
Officer Demeanor During a Stop
. Completing the Stop
Contact and Cover
''Traffic Administration & Enforcement''
Purpose
Responsibility
Enforcement action
Physical arrest
Notice to appear
(citation)
Written warning
Verbal warning
Insurance
enforcement
"Special Arrests"
Juvenile Offenders
Legislators
Foreign
diplomats/ consu Ia r
officials
Military personnel
Threat Assessment
Threat perception
Color Code of Awareness
- Condition white
-Condition Yellow
- Condition Orange
- Condition Red
- Condition Black
Officer Preparation
Know your equipment
Is it working?
Uniform neat & clean
Briefcase stocked
Is "emergency equipment" working?
Are you mentally ready?
Stopping the Vehicle
"Before the Stop"
Your mission
- Why are you making
the stop?
Evaluate the vehicle
- Evaluate at the
occupants
- Consider approaching
the driver
Evaluate the
environment
- Lighting
- Pedestrian traffic
- Weather conditions
- Road contour
- Road surface
Remember:
We are responsible for the
vehicle & the occupants
when we make stop
Before the Stop C can't)
Contact radio with:
- Initial location
-Vehicle location
-Occupant description
- Reason for stop
-Concluding location of stop
-Acknowledge from radio
- Status check
Making the Stop
Activate emergency lights
Watch the occupants
Stop 15-20 feet behind the vehicle
Notify radio, if necessary
Evaluate the traffic conditions
Approaching the Vehicle
"Evaluate the Stop"
Is it safe to approach?
Are there reasons not to approach?
Should driver be asked out?
Only one person from vehicle at a time
Maintain reactionary gap
If driver doesn't respond (barricade
situation)
Vehicle Stops
EACH YEAR, ONE POLICE OFFICER WILL
DIE EVERY WEEK!
Of these officers twenty percent will be
killed during a traffic stop.
l
Vehicle Stops
Four Categories of Vehicle Stops:
1. Traffic Violations
2. Investigation
3. Unknown Risk
4. Felony /High Risk
THERE IS NO
ROUTINE TRAFFIC
STOP
Vehicle Stops
Prior to making the stop
Information to be given on the radio:
Officer's I.D., location, description
of vehicle/occupants, tag number
and the purpose of the stop.
Vehicle Stops
There are two types of vehicle
positioning techniques.
1. Off-center method
2. Modified stop position
Vehicle Stops
Officer approach
Observe occupants of vehicle.
Do not get in a hurry - Patience.
Walk close to your vehicle.
Vehicle Stops
Officer Approach
When you get to the trunk - gently push
down on the deck lid.
Stop your approach behind the center
post on the driver's side.
Goals & Objectives
General Orders
Threat Assessment
Officer Preparation
Stopping the Vehicle
Officer Demeanor During a Stop
. Completing the Stop
Contact and Cover
Threat Assessment
Threat perception
Color Code of Awareness
- Condition white
-Condition Yellow
- Condition Orange
- Condition Red
- Condition Black
Stopping the Vehicle
"Before the Stop"
Your mission
- Why are you making
the stop?
Evaluate the vehicle
- Evaluate at the
occupants
- Consider approaching
the driver
Evaluate the
environment
- Lighting
- Pedestrian traffic
- Weather conditions
- Road contour
- Road surface
Before the Stop C can't)
Contact radio with:
- Initial location
-Vehicle location
-Occupant description
- Reason for stop
-Concluding location of stop
-Acknowledge from radio
- Status check
Approaching the Vehicle
"Evaluate the Stop"
Is it safe to approach?
Are there reasons not to approach?
Should driver be asked out?
Only one person from vehicle at a time
Maintain reactionary gap
If driver doesn't respond (barricade
situation)
Exiting the Vehicle
Check traffic
Close door after exiting
Carry ticket book/flashlight in off-hand
Moving Forward
Move in front of your unit
Passenger side approach
Watch occupants
Visually & physically check trunk
Vehicle Stops
EACH YEAR, ONE POLICE OFFICER WILL
DIE EVERY WEEK!
Of these officers twenty percent will be
killed during a traffic stop.
l
Vehicle Stops
Four Categories of Vehicle Stops:
1. Traffic Violations
2. Investigation
3. Unknown Risk
4. Felony /High Risk
THERE IS NO
ROUTINE TRAFFIC
STOP
Vehicle Stops
Prior to making the stop
Information to be given on the radio:
Officer's I.D., location, description
of vehicle/occupants, tag number
and the purpose of the stop.
Vehicle Stops
There are two types of vehicle
positioning techniques.
1. Off-center method
2. Modified stop position
Vehicle Stops
Officer approach
Observe occupants of vehicle.
Do not get in a hurry - Patience.
Walk close to your vehicle.
Vehicle Stops
Officer Approach
When you get to the trunk - gently push
down on the deck lid.
Stop your approach behind the center
post on the driver's side.
Goals & Objectives
General Orders
Threat Assessment
Officer Preparation
Stopping the Vehicle
Officer Demeanor During a Stop
. Completing the Stop
Contact and Cover
Threat Assessment
Threat perception
Color Code of Awareness
- Condition white
-Condition Yellow
- Condition Orange
- Condition Red
- Condition Black
Stopping the Vehicle
"Before the Stop"
Your mission
- Why are you making
the stop?
Evaluate the vehicle
- Evaluate at the
occupants
- Consider approaching
the driver
Evaluate the
environment
- Lighting
- Pedestrian traffic
- Weather conditions
- Road contour
- Road surface
Before the Stop C can't)
Contact radio with:
- Initial location
-Vehicle location
-Occupant description
- Reason for stop
-Concluding location of stop
-Acknowledge from radio
- Status check
Approaching the Vehicle
"Evaluate the Stop"
Is it safe to approach?
Are there reasons not to approach?
Should driver be asked out?
Only one person from vehicle at a time
Maintain reactionary gap
If driver doesn't respond (barricade
situation)
Moving Forward
Move in front of your unit
Passenger side approach
Watch occupants
Visually & physically check trunk
Officer /Violator Relations
You make an impression before you
approach
Posture &dress
Speak clearly
"write violation on driving behavior"
Decide enforcement action before
contact
Verbal Judo Steps
Greeting
Identify yourself
Why the stop was made
Is there a lawful reason
for violating state code?
May I see your driver's
license?
For my safety & yours,
is there anything in the
vehicle that I should be
aware of?
May I see your insurance
papers?
Please remain in the
vehicle while I check this
information
Mr/Mrs you have been
cited for
---
Your safety is important to
us, please drive carefully
Writing the Citation/Field Interview
Back safely away from the vehicle
Passenger side of your unit
If sitting use passenger side of unit
Keep ticket book high if sitting
Watch vehicle
Driver Asked from Vehicle
Keep reactionary gap
Keep his/her hands out of pockets
Stand at rear passenger side of vehicle
Completing the Stop
Give complete information
Signature
Court date
If asked, explain about calling
!' recorder's court for payment
r;,
';
1%
Thousands of Stops Happen Everyday
II II
Recommended Reading
The Tactical Edge
Calibre Press
Street Survival
Calibre Press
Total Survival
Performance Dimensions
CONTACT AND COVER
THE METHOD
"2 officers & 1 or more suspects"
"2 officers & 1 or more suspects" ccon't>
The cover officer maintains safety by
watching
-Assumes position of surveillance & control
-Watches subjects & prevents escape or
destruction of evidence
1
:: -Discourages assault on contact officer
;!;