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CASE NUMBER

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:
Ofc. Reteguiz:
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:
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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:
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?
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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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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
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Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
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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
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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
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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:
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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
;!;

Establishing the Roles


Officers decide in advance
1-man units, primary officer is contact
officer
Positions may be changed
~
..
J.
The Cover Officer's Arrival
Contact officer briefs cover officer
Cover officer reciprocates
Positions
Do not stand next to each other
Cover officer is close enough for front &
peripheral view
Cover officer in position of some cover
!n Contact officer in interview stance
t
1 Weapon away from subject
Communications
Contact & cover officers should talk
with each other
Use police terminology or hand signals
Hand Signals
Closed fist in air
Extreme caution
Index finger pointed up
Observe
Closed hand with thumb pointed up at
shoulder height or higher
I need help
t Index & middle fingers (2) pointing up
Call for more cover/help now
Four fingers pointing up
Don't need assistance
Reviewing the Basics
Decide contact & cover positions prior
Contact conducts all business
Cover protects the contact officer
Cover discourages escape
Officers may reverse roles
Contact & cover officers should use
hand signals or radio codes
THIS HAS BEEN A
Ktsmom02
PRODUCTION
..
2001
Vehicle Stops
''Hi
sk''
Metro Police Department
Training Unit
Goals & Objectives
Definition of high risk stops
Department General Order
Preparing for the stop
Clearing the vehicle
' Searching the vehicle
; ~
Preparing for the Stop
You know there is a lethal force
potential
Location of the stop
Back-up officers
Setting the perimeter
Communications
Officer safety
DO NOT ATTEMPT TO
EXTRACT PERSONS
FROM THE VEHICLE
Making the Stop
Police unit positions
Distance from suspect vehicle
Primary unit position
Secondary unit position
Third unit position
Fourth unit position
Alternative unit position
Illuminate suspect vehicle
Officer Positions
Primary officer
Secondary officer
Third officer
Fourth officer
.
Alternative officer positioning
Clearing the Vehicle
Be patient
Position all personnel
Announce your purposes
Immobilize the occupants
Immobilize the vehicle
Direct the occupants
Removing the suspects from the vehicle
Securing the Suspects
Option # 1 "Backing Between Units"
ADVANTAGES
- 1 suspect at a
time
- Spoils suspect
unity
-Maximizes cover
- Excellent control
DISADVANTAGES
- Bringing suspect
into your cover area
- May die under front
of unit
- May fight with
control officer
Securing the Vehicle
Option #2 "Police Units In-Line"
ADVANTAGES
- 1 suspect at a
time
- Spoils suspect
unity
-Maximizes cover
- Excellent control
DISADVANTAGES
- Bringing suspect
into your cover
area
- May die under
front of unit
- May fight with
control officer
Searching the Vehicle
All suspects must be cleared
2 methods of clearing
-From the rear with a shield
-From the front with a shield
Clearing the Trunk
Unit to rear of trunk
Power trunk lock
Review Important Points
Be patient
Always be ca refu I
REMEMBER:
-Failure to stop immediately may constitute
a high-risk stop
THIS HAS BEEN A
Ktsmom02
PRODUCTION
2001
~ ~ r ~ ~ ~ PC Ll c E
Offioo:QftRrDfessionalStan.W.
SECTION 8
Closure Report(s)
9.) Officer Andrew Reteguiz
1 0.) Officer David Baker
ADMINISTRATIVE INVESTIGATION
Closure Report
OPS CASE NUMBER:
EMPLOYEE NAME: Frank Retequiz

DATE: 20, 2013
-------------------------------
TO: Lovett
I Sergeant Joseph Wright
On July 2013, an Inter-Department Investigation was initiated regarding Savannah-Chatham
Police Department employee, Ofc. Frank Retequiz. It is alleged that Ofc. Retequiz was conducting a
traffic stop and was unprofessional. It was also alleged that Ofc. Retequiz drew his weapon and pointed it
at the driver. After the incident, he failed to notify a Supervisor.
i Officer Frank Retequiz, Payroll# 11607 was employed by the S-avannah-Chatham MetroPoik:e _____ _
i Department on 06/27/2011. At the time the incident occurred, the employee's assignment was Pet. 4
! under the command of Major Zapal.
APPUCABLE
------------
GO# ADM-004: OATH OF OFFICE, ETHICS, AND CONDUCT
I.GENERALSTANDARDSOFCONDUCT
i
; 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
1
relationships with one another and in the presence of the public; employees will
be referred to by rank.
, GO # ADM-007: USE OF FORCE
1 III Deadly Force
B. Drawing or Exhibiting Firearms
1 An Officer's decision to draw or exhibit a firearm should be based on
1
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 andlor 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
1
Category I Incidents
1
Incidents likely to bring discredit to SCMPD
DISCIPLINE
ACTION TAKEN:
DAYS SUSPENDED:
REDUCTION IN RANK:
RETAINING:
SIGNATURE:
Willie Lovett, Chief of Police
~ ~ ~ ~ ~ ~
DATE:
ADMINISTRATIVE INVESTIGATION
Closure Report
OPS CASE NUMBER:
EMPLOYEE NAME:
DATE:
TO:
FROM: Joseph Wright
i On July 23, 2013, an Inter-Department Investigation was initiated regarding Savannah Chatham Metro.
i Police Department employee, Ofc. David Baker. It is alleged that Ofc. David Baker failed to make proper
notifications after a Category I incident occurred.
f6tricer-David Baker: Payroll if11205 was -------
Department on 01/04/2010. At the time the incident occurred, the employee's assignment was Pet. 4
under the command of Major Zapal .
---------
SOP APPLICABLE
GO# OPS-048: CRITICAL INCIDENT REPORTING
Category I Incidents
Incidents likely to bring discredit to SCMPD
DISCIPLINE
! Willie Lovett, Chief of Police
CLOSURE
DATE:
PC Ll c E
......... ..

SECTION 9
General Order(s) or Policy
11.) GO# ADM-004 OATH OF OFFICE, ETHICS, & CONDUCT
12.) GO# ADM-007 USE OF FORCE
13.) GO# OPS-048 CRITICAL INCIDENT REPORTING
SCMPD GENERAL ORDER ADMINISTRATION
GO#ADM-004 EFFECTIVE DATE: 04/09/2004
OATH OF OFFICE, ETHICS, AND CONDUCT REVISION DATE: 10/04/2006
08/26/2010
08/29/2011
09/07/2011
07/20/2012
PURPOSE
The purpose of this directive is to ensure that Department personnel are aware of the
actions and attitudes expected of them and to provide members ofthe public with a general
standard by which they can measure the performance of the Department.
POLICY
All Savannah-Chatham Metropolitan Police Department (SCMPD) sworn personnel shall
take and subsequently abide by an oath of office to enforce the Constitution and laws of the
United States, the Constitution and laws of the State of Georgia, and the ordinances of
Chatham County and the City of Savannah, as well fulfilling their duty based on the Law
Enforcement Code of Ethics.
It shall be the policy of the SCMPD to comply with State and Federal law and to preserve
and protect the constitutional rights of the community. It shall further be the policy of the
SCMPD that all sworn personnel will abide by the Canon of Ethics as set forth in this
directive. Pursuant to the Home Rule provisions for counties of the Constitution of the
State of Georgia, the Board of Commissioners of Chatham County and the Savannah City
Council requires SCMPD Police Officers to take and abide by the following Savannah-
Chatham Metropolitan Police Department Oath of Office prior to sworn status:
"I do solemnly swear that, to the best of my ability and skill, I will, during
my continuance in office, faithfully discharge all the duties which may be
required of me; in all cases coriform to the rules and regulations which
shall be made by the Commissioners of Chatham County and the Mayor
and Aldermen of the City of Savannah; eriforce all the laws of the United
States, the State of Georgia, and the ordinances of Chatham County and
the City of Savannah; and support and uphold the Constitution of the
United States and the State of Georgia.
I forther swear that I am not the holder of any unaccounted for public
money due this state or any political subdivision or authority thereof; that
I am not the holder of any office of trust under the government of the
United States, any other state, or any foreign state which I am by the laws
of the State of Georgia prohibited from holding; and that I am otherwise
qualified to hold said office according to the Constitution and laws of
Georgia." [CALEA 1.1.1]
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 1 of 17
SCMPD Police Officers will observe the principles as set forth in the Canons of Law
Enforcement Ethics. All sworn employees of the SCMPD will abide by the Law
Enforcement Code of Ethics:
As a law enforcement Officer, my fundamental duty is to serve mankind;
to safeguard life and property; to protect the innocent against deception;
the weak against oppression; and the peaceful against violence or
disorder; and I will respect the constitutional rights of all men to
LIBERTY, EQUALITY, and JUSTICE.
I will live my private life as to be an example to all. I will develop self
restraint and be constantly mindful of the welfare of others.
I will be exemplary in obeying the laws of the land and the regulations of
the Savannah-Chatham Metropolitan Police Department. I will remain
courageous calm in the face of scorn, danger, or ridicule.
I will never permit my personal feelings to influence my decisions. I will
enforce the law courteously and appropriately without fear of favor,
malice, or ill will, never employing unnecessary force and never accepting
gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept
it as a public trust to be held so long as I am true to the ethics of the
police service. I will strive constantly to achieve these objectives and
ideals, dedicating myself before God to my chosen profession. [CALEA
1.1.2]
All non-sworn employees will be aware of and comply with the following Code of
Ethics for City Employees:
As City employees we shall ...
Exhibit pride and loyalty in all matters pertaining to the City and each other. However, we shall
not knowingly be a party to any illegal or improper activity.
Not knowingly engage in acts or activities which are disgraceful or unbecoming to a City
Employee.
Not do anything which may be in conflict with the interests of the City or which would hurt our
ability to do our jobs.
Not accept gifts, goods, services, or materials of value from a customer, supplier, vendor
representative, or other individual.
Be carefill in the use of information acquired in the course of our duties.
We will not use confidential information for any personal gain nor in any manner which would
be against the law or damaging to the City's welfare.
Maintain high standards of competence, dignity and fairness
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 2 of 17
Every employee will receive documented training concerning the code of ethics at a minimum
annually. All new employees will receive training in their first thirty days of employment.
Training may be in the form of roll call, shift briefing, or a formal classroom setting. [CALEA
1.1.2]
All on or off duty, sworn and civilian, employees of the SCMPD must at all times conduct
themselves in a manner which does not bring discredit to themselves, the SCMPD, Chatham
County, or the City of Savannah. Therefore, the following rules will be adhered to without
discretion.
DEFINITIONS
These definitions shall apply to the use of such terms herein as well as to the use of such terms in
all other Departmental contexts, unless a different definition is specifically set forth in another
document.
ACTING: Serving temporarily in a position to which the employee is not ordinarily assigned,
usually in a position of higher authority and having all the authorities, responsibilities, and duties
of the higher position applicable to the acting employee.
ADMINISTRATIVE LEAVE: A condition in which, for the convenience of the Department,
an employee is relieved of his responsibility to report for duty or exercise police authority.
ADMINISTRATIVE ORDER: Written order issued by the Chief of Police as a guiding source
of reference to procedural matters involving administration of departmental or city policies.
APPOINTMENT: The designation of a person by the appointing authority to any position
within the Department.
ASSIGNMENT: Any personnel placement made by established authority.
AUTHORITY: Legal or rightful power; a right to command or act.
CHAIN OF COMMAND: Ascending or descending order of rank.
COMMANDING OFFICER: Any employee holding a command position of commission.
CONFIDENTIAL: Secret, not to be divulged to unauthorized persons.
CONTROLLED SUBSTANCE: As defined by the Georgia State Criminal Code.
DEPARTMENT: The Savannah-Chatham Metropolitan Police Department.
DffiECTIVES: An authoritative instruction or order, which governs policy; procedures, rules,
or regulations, whether issued verbally, electronically or in written form
DISMISSAL: The act of terminating the employment of an employee.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 3 of 17
DIVISION ORDERS: Standing orders that contain a purpose statement, a policy statement, and
standard operating procedures, and may be issued by the Chief of Police, a Division
Commander, or designee. Division Orders are applicable only to the issuing Division.
DUTY: Includes those tasks required by law, authoritative instruction, one's assignment, rank or
status.
EMPLOYEE: All sworn and non-sworn personnel working for the SCMPD.
ESTABLISHED AUTHORITY: Legal or rightful power to command or have command over;
this Includes supervisory and administrative authority.
EXTRA-DUTY: - Outside employment wherein the use of law enforcement powers are
anticipated.
GENDER: The use of the masculine gender shall also include, when appropriate, the female
gender, unless otherwise specified.
GENERAL ORDER: Written orders issued by the Chief of Police outlining policy or procedure
on matters, which affect the entire department. A General Order is the most authoritative current
directive issued by the Department and may be used to amend, supersede, or cancel any other
rule, regulation, or order. General Orders are permanent department policy and remain in full
force and effect until amended, superseded, or cancelled by the Chief of Police.
IMMEDIATELY: As soon as possible without unnecessary delay.
INSUBORDINATION: The willful disobedience of a lawful order issued by any commanding
officer or disrespectful, mutinous, rebellious, insolent, or abusive language or action toward any
commanding officer.
LAWFUL ORDER: Any written or oral directive issued by any commanding officer to any
subordinate or group of subordinates in the course of police duty which is not in violation of any
law or ordinance or any Department rule, procedure or instruction. (An order, which may be
challenged at a later date, must be obeyed at the time of issuance.)
MALFEASANCE: The doing of an unlawful act in office.
MAY: The word "may" as used herein shall mean that the action indicated is permissible.
MEMBER: Any person duly appointed to the Department as a sworn police officer, police
recruits are included in this definition.
MISFEASANCE: The wrongful doing of a lawful act in office.
NEGLECT OF DUTY: The failure to give suitable attention to the performance of duty. The
failure to take appropriate action on the occasion of a crime, disorder, or other act or condition
requiring police attention. The failure to perform duties as required.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 4 of 17
OFF DUTY: That period of time, that excludes the assigned work period during which an
employee would not normally be required to actively engage in the performance of his assigned
duties.
OFF-DUTY EMPLOYMENT - Outside employment wherein the use of law enforcement
powers is not anticipated.
OFFICER IN CHARGE: The member having the highest rank. Members of the same rank
shall assume charge according to the date of appointment to that rank unless otherwise ordered
by the Chief of Police or designated authority.
ON DUTY: That period of time when an employee is actively engaged in the performance of his
assigned duties.
ORDER: An order is a command; a directive (either oral or written) given by one in authority
and directed to a subordinate.
PERSONALLY RESPONSIBLE: A duty or responsibility that falls upon an individual
himself. The responsibility cannot be conveyed or assigned to another.
POLICY: Any governing principle, broad plan, or course of action, either oral or written,
designed to accomplish the Department's goals.
PRIVILEGE: A condition, which is not, a basic right but which is granted at the discretion of
the Department.
PROCEDURE: The official method of dealing with any given situation as prescribed by
General Orders, Special Orders, Administrative Orders, procedural manuals, training
communications or other directives.
REPORT: A written communication unless otherwise specified.
RIGHT: A condition specifically outlined by law, administrative directive or contractual
agreement.
RULES AND REGULATIONS: The terms "rules and regulations" as used herein are
interchangeable since both indicate basic internal departmental directives. They refer to broad
precepts of authority, responsibility or conduct. They carry the full force and effect of a direct
order from the Chief of Police and stand until cancelled, amended or superseded by a direct
written order of the Chief of Police.
SHALL/WILL: The words "shall" or "will" shall indicate that action specified is mandatory.
SICK LEAVE: That period during which an employee is excused from duty for illness or injury
under the applicable provisions of current General Orders and City of Savannah Policy.
SPECIAL ORDER: A written directive issued by established authority outlining instructions
covering particular situations.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 5 of 17
SUPERVISOR: Any person designated to act in a supervisory capacity, whether permanent or
"acting" in a temporary appointment.
SUSPENSION: The act of temporarily denying an employee the privilege of performing his
duties.
PROCEDURE
I. GENERAL STANDARDS OF CONDUCT
A. SCMPD employees will conduct their private and professional lives in such a manner
as to avoid negative reflection upon themselves, the department or their chosen
profession. Unacceptable conduct, whether on duty or off duty, includes, but is not
limited to, arrest or conviction of any felony, arrest or conviction of any misdemeanor
involving moral turpitude, or violation of any statue, law or official regulation, rule or
order or commission of any act which compromise the public trust necessary for
employment. To further the principle of professional law enforcement SCMPD
employees will adhere to the following rules. [CALEA 26.1.1]
I. Conduct Unbecoming - The conduct of a public employee, on or off duty,
reflects upon the SCMPD. The SCMPD shall investigate complaints and/or a
circumstance suggesting an SCMPD employee has engaged in conduct
unbecoming and shall impose disciplinary action when appropriate.
2. Incompetence - SCMPD employees shall maintain sufficient competency to
properly perform their duties and to assume the responsibilities of their position.
SCMPD employees shall perform their duties in a manner which will tend to
maintain standards and establish efficiency in carrying out the functions and
objectives of the Department. Incompetence may be demonstrated by repeated
poor evaluations or a written record of repeated infractions of the rules,
regulations, manuals or directives.
3. Impartiality - SCMPD employees, while charged with consistent and practical
enforcement of the law, must remain completely impartial toward all persons
coming to the attention of the SCMPD. Exhibiting partiality for or against a
person because of race, creed, or influence is unprofessional conduct. Similarly,
unwarranted interference in the private business of others, when not in the
interest of justice, is unprofessional conduct and prohibited.
4. Truthfulness - SCMPD employees will be truthful at all times whether under
oath or not, unless otherwise necessary in the performance of a police task. This
will include, but not be limited to, instances when employees are being
questioned, interviewed, or are submitting reports.
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 of the public; employees will
be referred to by rank.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 6 of 17
a. Employees shall not engage in offensive or harassing conduct, verbal or
physical, towards fellow employees, supervisors or the public during work
hours or off-duty hours.
b. No employee will speak disrespectfully of any nationality, race, sex, or
religion.
c. No employee will engage in grossly indecent or vulgar talk which would
detract from the efficient operation of the SCMPD or create an
uncomfortable work environment.
d. No employee will create, or pass on either verbally or electronically any
malicious rumors concerning other employees that is knowingly false or
designed to speak disparagingly of others or department operations.
6. Insubordination - SCMPD employees will perform their duties as required or
directed by law, Department rule, policy, order, and directive or by a verbal
order of a superior officer. The willful disobedience of a lawful order issued by
any commanding officer or disrespectful, mutinous, rebellious, insolent, or
abusive language or action toward any commanding officer will be considered
insubordination and subject to discipline.
7. Chain of Command_ No employees will bypass any supervisor within their Chain of
Command in routine matters. Should the employee have a grievance or wishes to report
illegal or improper conduct involving their immediate supervisor they may go directly to
the next person in line. This does not apply to immediate emergency notifications.
8. Cooperation Cooperation is essential to effective law enforcement. Therefore,
all employees are strictly charged with establishing and maintaining a high spirit
of cooperation.
9. Questions of Citizens - All employees will answer questions posed by citizens
in a courteous manner or if unable to supply an answer, will make every effort to
secure the answer. If requested, name and payroll number will be given to
requester in a courteous manner and department identification displayed. This
precludes officers working in an undercover capacity from revealing their
identity when it would jeopardize their mission.
I 0. Divulging Information - Employees shall not divulge police information to
which they have access or which may come to their attention, nor shall they
make available any information contained in police records, radio
communications, photographs, computers, teletypes or other files or information
in any form whatsoever. For purpose of this section, all department information
is to be considered confidential unless otherwise provided by current directives
or directed by a supervisor. This section does not apply to orders that are of such
a nature that they must be communicated to others.
11. Uniform Requirements - No employee of the SCMPD will wear SCMPD
uniforms at anytime except when on active duty or on special occasions or
SCMPD GO #ADM-004 Oath of Office, Ethics, and Conduct I Page 7 of 17
assignments, including approved extra-duty employment. No employees will
allow anyone beyond sworn members of the department to wear any uniform
items.
12. Duty Time_ Employees will report for work on time and ready to perform their
job. They will remain at their work station or assignment until relieved
appropriate! y.
a. Employees will not devote any of their "on duty" time to any activity other
than that which relates to police work unless permission is granted by
competent authority.
b. Employees will not read magazines, papers books, etc. in public view that
are not within the scope of their assigned duties.
c. Employees will not conduct personal business to include operating a
private business during duty hours
13. Misappropriation of Property- No employees ofthe SCMPD will appropriate
for their own use any lost, found, or stolen property. No employees will convert
to their own use any property of the City of Savannah or Chatham County, or
property held by the SCMPD.
14. Absent Without Leave (AWOL)- SCMPD employees will not be absent from
duty without first submitting the appropriate paperwork or making the proper
notification. Arriving late without authorization will be considered tardiness and
will subject the employee to possible discipline. Failing to respond to a call-back
is subject for disciplinary action. Leaving an assigned beat or duty post without
permission or proper assignment will be considered AWOL.
15. Address And Telephone Numbers - Immediately upon reporting for duty in a
new unit, employees will record their correct residence address and telephone
number with their Commanding Officer. Employees are required to have a
telephone in the place where they reside. Changes in address or telephone
number will be reported to their Commanding Officer within 24 hours of the
change.
a. SCMPD employees will not release to the public or any public agency the
restricted home telephone number of any other employee of the
Department without authorization from a superior Officer of the rank of
Sergeant or higher. They will also not release the pager number or cell
phone number of department pagers and cell phones without the same
permission.
b. SCMPD employees will not use the Department address on any motor
vehicle registration or operator's license.
16. Conflicts of Interest
a. Contributions - No employee will seek or be obliged to make
contributions in money, service, or otherwise for any political purpose.
b. Political Activity - No sworn employee, while on duty or in uniform,
will engage in political activity or discussion on behalf of, or against, any
SCMPD GO #ADM-004 Oath of Office, Ethics, and Conduct I Page 8 of 17
candidate or political question. This does not mean that employees are
prohibited from exercising their legal voting right.
c. Not to Recommend Services - Employees will not recommend or
suggest to anyone in the course of their duties the employment or name
of any towing firm, funeral director, or other tradesman or inform such
tradesmen of any situation wherein their services might be sought.
d. Interfering with the Course of Justice- Employees will not take part in,
or be concerned with, either directly or indirectly, any compromise or
arrangement with any person for the purpose of permitting an accused
person to escape penalty for their wrong doing. No employees will seek
to interfere with the course of justice for the purpose of obstructing
justice. Information of any negotiation between an accused or their
representative and the accuser or any witness will be disclosed to the
proper superior or to the presiding officer of a court or hearing.
e. Recommendation for Disposition of Cases- Employees will not make
recommendations for the disposition of any case pending in the courts
without the consent of the Office of the Chief of Police.
f. Statements Concerning Liability - Employees will not make any oral or
written statement to anyone concerning liability in connection with the
operation of police vehicles or performance of other police duty, unless
specially authorized to do so by the Chief of Police.
g. Gifts and Favors - Employees of the SCMPD will not seek, directly or
indirectly, or accept any gift, present, or gratuity from any person, firm,
group of persons, or relatives, friends, or employees of the same, on the
basis of their employment with the SCMPD.
h. Games of Chance Participating in games of chance, card playing, or
gambling, including the purchase of lottery tickets is prohibited while on
duty or in a police uniform. This excludes activities that are part of a
legitimate criminal investigation.
i. Associating with Criminals - SCMPD employees shall avoid regular
associations with persons who are known to engage in criminal activity
where such associations will undermine the public trust and confidence in
them or the SCMPD. This rule does not prohibit those associations that are
necessary to the performance of official duties, or where such associations
are unavoidable because of the SCMPD employee's personal or family
relationships
j. Other Transactions - SCMPD employees are prohibited from buying or
selling anything of value from or to any complainant, suspect, witness,
defendant, prisoner, or other person involved in any case which has come
to their attention or which arose out of their departmental employment,
except as may be specifically authorized by the Chief of Police.
k. Nepotism- No employee will supervise either directly or indirectly any
person to whom they are related to. (Refer to City Policy for details)
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 9 of 17
B. Commanders and supervisors shall insure that employees under their command perform
their duties appropriately
l. Commanders and supervisors will provide efficient, effective and meaningful
direction to subordinates and assist and instruct subordinates in the performance
of their duties.
2. Commanders and supervisors who overlook condone or fail to take actions on
incompetence or misconduct on the part of their employees shall be guilty of
neglect of duty and subject to discipline.
II. FITNESS FOR DUTY STANDARDS
A. Employees are expected to maintain a degree of physical fitness which enables them
to perform the physical activity, required by their job classification and assignment.
B. Employees may be compelled to take a physical and/or mental examination at City of
Savannah expense, with cause, only to confirm the employees' continued fitness to
perform the tasks of their assignments and to inform them of their general physical
condition, not to identity employees with disabilities who are otherwise able to
perform their assigned duties, with or without reasonable accommodation. [CALEA
22.3.1]
C. The nature of some specific positions or responsibilities may necessitate periodic
specific health screenings, such as those for crime scene personnel, firearms
instructors, or range technicians who are repeatedly exposed to hazardous chemicals
or lead contaminates.
D. SCMPD employees will not at any time be intoxicated while on duty.
I. Employees will not consume intoxicants while off duty to the extent that
evidence of such consumption is apparent when reporting for duty or to the
extent that their ability to perform their duty is impaired. Employees will not
consume intoxicants while on duty, unless necessary in the performance of a
police task and then only with the specific permission and supervision of a
commissioned officer and never in uniform.
2. SCMPD employees will not use controlled substances, narcotics or
hallucinogens, except when prescribed in the treatment of the employee by a
licensed physician or dentist. When controlled substances, narcotics or
hallucinogens are prescribed, the employee will notifY their supervisor
immediately.
3. SCMPD employees will not bring, place, or permit to be brought or placed, or
allow to be kept in any building, location, or vehicle within or under the control
of the SCMPD any intoxicant, exhilarant, hypnotic, hallucinogen, or narcotic
except in the performance of police duties as required by regulations or orders or
when it is needed for prompt administration by orders of a licensed physician.
E. Civilian employees are prohibited from bringing firearms into any building operated
by SCMPD of the City of Savannah with the exception of evidence or an approved
training session.
F. SCM PO employees are prohibited from sleeping while on duty
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page I 0 of 17
G. SCMPD employees will not conduct private business to include operating a privately
owned business during duty hours.
H. Smoking- Employees will not smoke or use tobacco products in view of the public, in
any office operated by the City of Savannah, or in any police vehicle. Those
employees hired under a no tobacco use agreement are prohibited from using tobacco
products.
1. Sickness - SCMPD employees who are unable to report for duty due to their illness, or
that of an immediate family member or other reason will either personally or through
a representative, report the fact immediately to the Customer Service Desk at Police
Headquarters, no less than one (I) hour prior to their assigned reporting time.
I. While absent from duty due to sickness or disability, the employee will remain at
their residence or place of confinement unless otherwise authorized by a
physician or their superior officer. No employee will feign sickness or injury or
deceive a representative of the Department as to their actual condition.
2. Employees who become ill while on duty will notify their supervisor of the fact
prior to leaving their assignment.
3. SCMPD employees who have checked off sick may not work off duty or outside
employment until they have returned to duty for at least one shift.
J. Employees will report any injury on duty to their supervisor in accordance with
requirements set by the City of Savannah Risk Management.
III. PROFESSIONAL LIFE STANDARDS
A. Limitation of Authority - The first duty of an SCMPD Officer, as upholder of the
law, is to know the bounds the law established for its enforcement. The SCMPD
Officer must, therefore, be aware of the limitations and proscriptions which the
people, through law, have imposed as a primary responsibility.
B. General Responsibilities Within unincorporated Chatham County and the
corporate limits of the City of Savannah, SCMPD Officers shall at all times take
appropriate action to:
I. Protect life and property.
2. Preserve the peace.
3. Prevent crime.
4. Detect and arrest violators ofthe law.
5. Enforce all Federal, State, and local laws and ordinances within the jurisdiction of
the SCMPD.
C. Knowledge of Laws and Rules - SCMPD employees are required to establish and
maintain a working knowledge of laws and ordinances in force in the City of
Savannah, Chatham County, the rules and policies of the SCMPD and the City of
Savannah, and the orders of the SCMPD and Divisions thereof. In the event of
improper action or breach of discipline, it will be presumed that the employee was
familiar with the law, rule, or policy in question.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 11 of 17
D. Taking Police Action - SCMPD employees are required to take appropriate police
action toward aiding fellow police officers and members of the public exposed to
danger or in a situation where danger might be impending. Based on the facts of the
situation, the failure to take appropriate police action may be considered neglect of
duty which is a serious offense in the realm of discipline and could result in
termination.
E. Arresting and Dealing With Law Violators - SCMPD Officers shall use powers of
arrest strictly in accordance with the law and with due regard for the rights of the
citizen concerned.
F. Police Action Based on Legal Authority- The requirement that legal justification
be present imposes a limitation on an Officer's actions. An Officer must act
reasonably within the limits of authority as defined by statute and judicial
interpretation
G. Who is to Take Action- The administrative delegation of the enforcement of certain
laws and ordinances to particular units of the Department does not relieve employees
of other units from the responsibility of taking prompt, effective police action within
the scope of those laws and ordinances when the occasion so requires. Employees
assigned to special duties are not relieved from taking proper action outside the scope
of their specialized assignment when necessary.
H. Responding to Calls - SCMPD employees will respond without delay to all calls for
police assistance from citizens or other employees. Emergency calls take precedence;
however, all calls will be answered as soon as possible, consistent with normal safety
precautions and traffic laws. Failure to answer a call for police assistance promptly,
without justification, is misconduct. Except under the most extraordinary
circumstances, or when otherwise directed by competent authority, no employee will
fail to answer any telephone or radio call directed to him.
I. Rendering Medical Aid - SCMPD Officers will immediately summon the assistance
of Emergency Medical Services for any person that an officer encounters as sick or
injured to include use of force incidents. No request for EMS by a citizen will be
denied.
J. Officer Availability - SCMPD employees on duty will not conceal themselves,
except when necessary to perform an assigned duty. They will be immediately and
readily available to the public during duty hours.
K. Clarification of Assignment- SCMPD employees in doubt as to the nature or details
of their assignment will seek such clarification from their supervisors by going
through the chain of command.
L. Reporting Accidents - Accidents involving SCMPD personnel, property, and/or
equipment must be reported as soon as possible.
M. SCMPD Property and Equipment - SCMPD employees are responsible for the
proper care of Department property and equipment assigned to them. Damaged or
lost property may subject the responsible individual to reimbursement charges and
appropriate disciplinary action. SCMPD employees shall not use Department
equipment or property except as assigned by an authorized supervisor.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 12 of 17
N. Damaged/Inoperative Property or Equipment - SCMPD employees shall
immediately report any loss of or damage to Department property assigned to or used
by them to their immediate supervisor. The immediate supervisor shall be notified of
any defects or hazardous conditions existing to any Department equipment or
property.
0. Presumption of Responsibility - In the event that SCMPD property is found bearing
obvious evidence of damage that has not been reported, it shall be prima facie
evidence that the last person using the property or vehicle was responsible. This
presumption shall also apply to lost or missing property.
P. Arrests - When making arrests, members will strictly observe the laws of arrest and
the following provisions:
1. Only necessary restraint to assure safe custody and the safety of the officer shall
be employed.
2. The arresting officer is responsible for the safety and protection of the arrested
person while in his/her custody. The officer shall notify the transportation
officers of any injury apparent illness or other condition which indicates the
arrested person may need special care.
3. The arresting officer is responsible for the security of the personal property in the
possession of the arrested person or under his/her control at the time of arrest.
Except for vehicles, this responsibility transfers to the transportation officers when
they accept custody of the arrested person.
Q. Identification - Except when impractical or unfeasible, or where the identity is
obvious, Officers will identify themselves by displaying their badge before taking
police action. Officers will provide their name and/or rank and/or payroll number and
display their department issued identification whenever requested.
R. Transporting Persons in Police Vehicles - Private Citizens may be transported in
SCMPD vehicles only when necessary to accomplish a police purpose. Such
transportation will be done in conformance with SCMPD policy and with the
approval of a supervisor.,_
S. Orders - Orders from a superior to a subordinate will be in clear and understandable
language, civil in tone, and issued in pursuit ofSCMPD business.
1. Inappropriate Orders - No command or supervisory Officer will knowingly
issue an order which is in violation of any law, ordinance, or Department rule.
Employees who are given orders they feel to be unjust or contrary to rules and
regulations must first obey the order to the best of their ability and then may
proceed to appeal as provided below.
2. Unlawful Orders - Obedience to an unlawful order is never a defense to an
unlawful action. Therefore, no employee is required to obey any order which is
contrary to Federal or State, law or local ordinance. Responsibility for refusal to
obey an order rests with the employee. Employees will be strictly required to
justify their actions.
SCMPD GO #ADM-004 Oath of Office, Ethics, and Conduct I Page 13 of 17
3. Action upon receiving unlawful Orders - SCMPD employees receiving an
unlawful, unjust, or improper order will, at the first opportunity, report in writing
to the Chief of Police through official channels. This report will contain the facts
of the incident and the action taken. Appeals for relief from such orders may be
made at the same time. Extra-departmental action regarding such an appeal will
be conducted through the office of the Chief of Police.
4. Conflicting Orders - Upon receipt of an order conflicting with any previous
order or instruction, the employee should advise the individual giving the second
of the conflicting instruction. If so directed, the latter command will be obeyed
first. Orders will be countermanded, or conflicting orders will be issued only
when reasonably necessary for the good of the Department.
T. Conflict of Policy - If an occasion arises where an SCMPD General Order and a City
of Savannah policy are in direct conflict the City of Savannah policy shall supersede
the Department.
U. Reporting Violations Of Laws, Ordinances, Rules Or Orders - Any employee
who becomes aware of possible misconduct by another employee of SCMPD will
immediately report the incident to a supervisor or directly to the Office of
Professional Standards.
1. Any employee that observes serious misconduct will take appropriate action to
cause the misconduct to immediately cease regardless of rank.
2. Any employee who is determined to have had such knowledge mentioned above
and failed to report or attempt to prevent the conduct is subject to disciplinary
action.
3. Retaliation against any other employee or member of the public, who reports,
discloses, divulges or otherwise brings to the attention of appropriate authority
any facts or information relative to the alleged violation of any law, ordinance or
rule or regulation is strictly prohibited.
V. Medical Care - Employees shall ensure that any injured or ill person is given the
opportunity for medical care.
W. Payment of Debts - All employees of the SCMPD will promptly pay their legal
debts. Failure to do so will subject the offender to SCMPD disciplinary action.
X. Testimony in Civil Cases - No sworn employee of the SCMPD will testify in any
civil case in court unless legally summoned to do so or unless they have received
permission or order from the Chief of Police.
Y. Use of Private Vehicles- Sworn employees will not patrol their post or cover their
assignment with a private vehicle unless they have been authorized to do so by
competent authority.
Z. False Information on Records - Employees of the SCMPD will not make false
official reports or knowingly or willingly enter or cause to be entered into any
SCMPD books, records, or reports any inaccurate, false, or improper police
information or material matter.
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 14 of 17
AA. Loitering -During their tour of duty, employees of the SCMPD will not loiter in
cafes, bars, restaurants, theaters, service stations, or other public businesses, unless
the employee is working undercover. Other than those transacting police business,
employees will not be permitted to loiter in or about police buildings.
BB. Withholding Evidence - Employees of the SCMPD will not fabricate, withhold, or
destroy any evidence of any kind.
CC. Soliciting Petitions for Promotion or Change of Duty - No employees of the
SCMPD will solicit a petition supporting the promotion or demotion or a change in
duty status, of any SCMPD employee. This excludes letters of endorsement by
individuals for employment
DD. Distribution of Cards, Buttons, Etc.:. - Employees of the SCMPD, individually or
representing police organizations, are prohibited from issuing to persons other than
employees, volunteers or chaplains ofthe SCMPD, any identification card, button or
other device which assumes or implies to grant the person any special privilege or
consideration in their business of the SCMPD.
EE. Gifts and Favors - No employees of the SCMPD will seek or accept, under any
circumstances, directly or indirectly, any gift, reward, present, money, gratuity, or
any form of compensation from any person, based on their employment as an
SCMPD employee or for any service rendered.
I. The Chief of Police is authorized to allow employees to accept and participate
in publically presented acts of recognition.
FF. Recognition of the United States Flag_- Uniformed sworn employees will render
all honors to the flag in the form of a military salute.
1. Massed flags, flags used for decorative purposes, etc., will not be saluted.
2. During the playing of the national anthem officers will stand at attention and
salute the flag.
3. A hand salute will be rendered to a color guard when posting or presenting the
colors (U.S. flag) in either a parade or assembly.
IV. DISCIPLINARY SYSTEM
A. SCMPD employees violating their oath and trust by committing an offense
punishable under the laws or statutes of the United States, the State of Georgia,
local ordinances, or who violates any provision of the Rules and Regulations of the
Department, or who disobeys any lawful order, or who is incompetent to perform
their duties is subject to appropriate disciplinary action.
B. Final Department disciplinary authority and responsibility rests with the Chief of
Police.
l. For disciplinary purposes, the Chief of Police has the authority to reprimand,
suspend up to 30 days, demote, or dismiss the employee from the Department,
subject to review by the City Manager.
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 15 of 17
2. If the employee involved feels they may have been improperly treated, they may
apply to the City Manager for a hearing after receipt of written notice of the
penalty.
3. Any appeal of the decision of the City Manager must be made in accordance
with existing civil service rules and regulations. [CALEA 26.1.6]
C. Supervisory personnel may take the following measures in the course of discipline:
1. Assign an officer to either new training or remedial training.
2. Verbal Counseling will be documented and place in the Officer's file
3. Written reprimand (subject to approval by the Chief of Police).
4. Written recommendations for other penalties. [CALEA 26.1.5]
D. Whenever disciplinary action is to be taken or recommended, a written report must
be submitted immediately, containing the following information:
I. The name, rank, payroll number, and present assignment of the person being
disciplined.
2. The date(s) and time(s) ofthe misconduct and the location.
3. The section number(s) of the policy violated and wording.
4. A complete statement of the facts of the misconduct.
5. The punishment imposed or recommended.
6. The written signature, rank and payroll number of the preparing officer and their
position in relation to the person being disciplined. [CALEA 26.1.5]
E. Any Supervisory or Command Officer has the authority to impose an emergency
suspension against any employee regardless of the unit to which the employee is
assigned until the next business day when an employee's continued presence at
work would be a detriment to the efficiency of the Department or to public safety,
A business day is defined as Monday through Friday from 0800 to 1700 hours.
[CALEA 26.1.5]
F. An SCMPD employee receiving an emergency suspension will be required to report
to the Division Commander on the next business day at 0800 hrs, unless otherwise
directed by competent authority to appear at a different time or date. The command
or supervisory officer imposing or recommending the suspension will also report to
the Division Commander at the same time. The Chief of Police may sustain or
rescind the suspension action. [CALEA 26.1.5]
G. When the command or supervisory officer of one unit orally reprimands an
employee of another unit, they will notify the supervisor of the individual so
disciplined as soon as possible. They will also submit a written report of this action
and the reasons therefore to the commanding Officer of the employee.
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 16 of 17
This General Order serves as the Department's Rules and Regulations and supersedes all written
directives issued prior to 07/20/12 pursuant to Oath of Office, Ethics, Conduct, General Conduct,
and Rules and Regulations.
BY ORDER OF:
Original Signature on File
Willie C. Lovett
Chief of Police
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 17 of 17
SCMPD GENERAL ORDER
GO# ADM-007:
USE OF FORCE
PURPOSE:
ADMINISTRATION
EFFECTIVE DATE: 03/04/04
REVISION DATE: 08/17/05
03/05/11
07/19/11
08/28/12
To establish guidelines for the lawful use of force and procedures for regulating
deadly and non-deadly use of force incidents including investigating deadly and
non-deadly use of force incidents in compliance with O.C.G.A. 174-20.b
POLICY:
All sworn Officers of the Savannah-Chatham Metropolitan Police Department
(SCMPD) must successfully complete SCMPD approved training in use of force
techniques and update this training annually. Only SCMPD Officers who
demonstrate proficiency in the use of SCMPD authorized weapons will be
approved to carry such weapons. [CALEA 1.3.10] Officers authorized to carry
lethal and less lethal weapons will be issued copies of and be instructed in the
policy described in this Order before being authorized to carry such weapons.
The issuance and instruction shall be documented. [CALEA 1.3.12]
Officers may use force only to maintain and/or restore order and will never apply
force maliciously or sadistically. In effecting the capture, arrest, control or
transport of a subject, Officers will employ only the amount of force reasonably
necessary to accomplish the task when force is necessary. [CALEA 1.3.1] In the
event that a situation escalates beyond the effective use of verbal techniques to
defuse the situation, Officers are authorized to employ SCMPD approved
compliance techniques and their issued weapons in relation to SCMPD training.
DEFINITIONS
Non-Deadly Force - Any physical exertion or device that is used to restrain,
control or repel another which is not reasonably likely to cause death or serious
lllJUry.
Deadly Force - Any force that is reasonably likely to cause death or serious
injury. Force that is not reasonably likely to cause death or serious physical
injury, but unexpectedly results in death or serious injury is not considered to
deadly force.
Imminent An event that is about to occur at any moment.
SCMPD GO #ADM-007 Use of Force I Page 1 of 17
Less Lethal Any force employed using specialized equipment that is designed to
temporarily incapacitate a person and is not reasonably likely to produce death
or serious injury, including but not limited to Oleoresin Capsicum (OC spray),
impact weapons, conducted energy weapons, Pepperballs, Kinetic Energy Impact
Projectiles and canines.
Reasonably Believed Facts and circumstances, known to an officer at the time
he or she uses force, that would cause an officer to believe that force is
reasonably appropriate.
Serious Physical Injury Bodily injury that creates a substantial risk of death,
causes serious or permanent disfigurement, or results in long term loss or
impairment of the functioning of any body member or organ.
PROCEDURES:
I TRAINING
A At least annually, all SCMPD personnel authorized to carry weapons are
required to receive inservice training on the SCMPD use of force policies and
demonstrate proficiency with all approved lethal weapons that employees are
authorized to use. Inservice training for weaponless control techniques and
less lethal weapons shall occur at least biennially (every other year). [CALEA
1.3.11]
B SCMPD proficiency training must be monitored by a certified instructor and
training and proficiency must be documented. [CALEA 1.3.1la,b]
C SCMPD Officers who are unable to qualify with an authorized weapon prior
to resuming official duties will undergo remedial training prescribed by the
Training Unit with the weapon. [CALEA 1.3.11c]
D Neck restraints or similar weaponless control techniques with a potential for
serious injury shall be included in the annual in service use of force training
curriculum.
II NON-DEADLY FORCE
A Parameters For The Use Of Non-Deadly Force
All Officers who encounter a situation where the possibility of non
compliance to a lawful arrest exists should, if possible, attempt to defuse
the situation through verbal warning and persuasion.
2 In the event that a situation escalates beyond the effective use of verbal
techniques Officers are authorized to employ SCMPD approved
compliance techniques and issued weapons to defuse the situation.
3 Officers shall use only that amount of force which is necessary and
reasonable to overcome non-compliance and/or a threat. [CALEA 1.3.1]
SCMPD GO# ADM-007 Use of Force I Page 2 of 17
4 As the subject offers less resistance, Officers will lower the amount or
type of force used. As compliance is achieved the amount of force used to
gain compliance will be lowered.
5 If the amount of non-compliance escalates, Officers are authorized to
respond with reasonable use of force options, using techniques and
weapons at their disposal.
6 When appropriate, verbal direction should be given in conjunction with
all use of force.
7 Issued weapons may be employed by the Officer as deemed reasonably
necessary. All authorized defensive weapons and tactics shall be used in
the manner prescribed during training.
B Types Of Less Lethal Force [CALEA 1.3.4]
I Chemical Irritants
a Only SCMPD issued Oleoresin Capsicum (OC) with a 10%
concentration is authorized for use. The use of OC spray for crowd
control must be approved by a Sergeant or other ranking Officer
unless exigent circumstances exist. [CALEA 1.3.9 a]
b Uniformed Police Officers will carry only SCMPD issued OC spray
canisters. [CALEA 1.3.9]
c Non-uniformed Officers may carry OC spray in alternative devices as
authorized by the SCMPD and issued by the SCMPD Armorer.
[CALEA 1.3.9]
d Chemical irritants may be used as necessary based upon the level of
non-compliance being used by the subject and prior to the exercise of a
greater degree of force. OC should only be used when an Officer
believes it is the best choice for the circumstances.
e OC spray may be used when verbal direction is ineffective or
inappropriate.
f OC may be used to effect the removal of a person(s), from a stopped
vehicle that cannot immediately be moved, who refuses to exit when
lawfully commanded to do so by a Police Officer and physical
resistance is used by the person(s). For this purpose, a stopped vehicle
is defined as the ignition being off and the car is not capable of being
immediately started and used as an attempt to flee once the person is
sprayed.
g OC spray will only be used as a control and compliance measure in
accordance with training.
SCMPD GO# ADM007 Use of Force I Page 3 of 17
h Police Officers should avoid the use of OC spray in areas where its use
could reasonably and foreseeably cause panic or cause them and/or
other Officers to become contaminated.
The use of OC spray should cease when it becomes apparent the
person being sprayed cannot be subdued by further use of the OC
spray.
J Medical Assistance for persons suffering from the effects of an
Officer's use of chemical irritants shall be provided by EMS personnel
or a hospital. [CALEA 1.3.5]
k The use of OC spray is classified as a use of force and Officers will
complete a UOF Report any time OC is used detailing the reason(s)
for the decision to use OC spray on any affected persons, as well as
identifYing all persons affected by the spray, including offenders,
Police Officers, and other witnesses.
OC spray devices will be maintained in operational condition.
Replacements for damaged, inoperable, or empty OC spray devices
will be done by the armored or his assistant.
m Community Service Specialists will be trained in the use of OC spray
and issued canisters to carry for protection and must report any use.
2 Pepperballs [CALEA 1.3.9a]
a Pepperballs are authorized when a subject or a disorderly crowd
refuses to disperse or exhibits violent or potentially violent behavior
that threatens the safety of others.
b Officers may deploy the use of pepperballs designed to release OC
after attempts to subdue the subject or disperse the crowd by
conventional means and other dispersion measures have not or
appear unlikely to be effective.
c Only sworn SCMPD Officers, trained by a certified instructor and
authorized to use the pepperball delivery system, will be allowed to
use such equipment. [CALEA]
d Pepperballs may be used in the following circumstances:
(l) When it is unsafe to approach a suspect within contact range of
the handheld canister.
(2) When a higher use of force option may be justified, but the
opportunity exists for the use of a Pepperball before these options
are employed. Under this use the officer will be covered by the
safety of an officer ready to resort to deadly force.
(3) To disperse an unruly or rioting crowd threatening unlawful
property damage or physical force.
SCMPD GO# ADM-007 Use of Force I Page 4 of 17
(4) To control a suspect actively resisting arrest by taking a fighting
stance or attempting to assault an Officer.
e Officers will not intentionally aim shots to a person's head, face, neck,
and groin as unintentional injuries may occur.
f All uses of pepperballs will be within the methods taught during
training and within the manufacturer's specifications.
g EMS will be summoned for persons affected by the application of
pepperballs and if needed transported to the Emergency Room.
[CALEA 1.3.5]
h Persons who are affected will be monitored closely for any adverse
reaction. As with all prisoners, they will be seated upright and
monitored for breathing problems. If the person appears to be
experiencing breathing problems, EMS will be called immediately.
3 Batons [CALEA 1.3.9a]
a Only SCMPD issued ASP collapsible batons are authorized for regular
patrol duties.
b The baton will be used as a control and compliance measure as
defined by the department policy.
c Batons will be used in conjunction with verbal direction.
d If it becomes necessary to use the baton on a subject, all strikes will be
delivered to the major muscle masses, which include forearms, thighs,
and calves.
e Keep in mind that targets such as the elbows, wrists, and knees have
a high probability of creating soft or connective tissue damage or bone
fractures when struck with an impact weapon.
f Officers will not intentionally strike the head, neck, throat, or clavicle
unless the situation justifies the use of deadly force.
g The use of a baton must cease when it becomes apparent the person
has been subdued or is not effective.
h EMS will be summoned for persons struck by Officers. [CALEA 1.3.5].
4 Bilateral Neck Restraint I Shoulder Pin
a No Officer will utilize the L VNR/Shoulder Pin without having
successfully completed SCMPD training prior to its use.
b The BNR may be employed on three levels, as each level becomes
necessary:
c Level I - No pressure is applied.
SCMPD GO# ADM-007 Use of Force I Page 5 of 17
d Level II - Both sides of the neck are compressed until the suspect
consciously complies with the officer's orders.
e Level III - Pressure is increased, because of continued suspect
resistance, until the suspect stops resisting or becomes unconscious. If
the person becomes unconscious or appears injured in any way will
have EMS summoned. They will be transported to the Emergency
Room prior to booking [CALEA 1.3.5]
f At no time will Officers employ the Bar-Arm Neck restraint or
Respiratory Restraint unless justified to use deadly force.
5 Kinetic Energy Impact Projectiles [CALEA 1.3.9a]
a The use of impact munitions is authorized when an officer is
confronting a combative, armed or violent person where deadly force
is not immediately necessary. When used the officer will be protected
by deadly force cover.
b The use of Kinetic Energy Impact Projectiles must be authorized by a
sergeant or other ranking officer before deployment.
c Only officers trained and certified by the SCMPD Training Unit are
authorized to carry or deploy Kinetic Energy Impact Projectiles.
d Officers will not intentionally target the head neck or throat of a
suspect unless there is an imminent threat and lethal force is
justified.
e When practical, before deploying Kinetic Energy Impact Projectiles
officers should give a verbal warning to minimize the chance of
"contagious fire."
f The Kinetic Energy Impact Projectiles authorized by SCMPD are:
( 1) Super Socks
(2) FN303 rounds
(3) KO 1 rounds
6 Electronic Control Devices- See SCMPD General Order OPS-058
7 Canines -See SCMPD General Order OPS-009
III DEADLY FORCE
A Parameters For The Use Of Deadly Force [CALEA 1.3.2]
I The apprehension of criminal offenders and protection of property must
at all times be secondary to the protection of life, including the Officer's
life.
SCMPD GO# ADM-007 Use of Force I Page 6 of 17
2 Officer may use deadly force to protect themselves or others from what is
reasonably believed to be an imminent threat of death or serious injury to
the Officer or others.
3 An Officer may use deadly force to capture or prevent the escape of a
suspect whose freedom is reasonably believed to represent an imminent
threat of serious injury or death to the Officer or others.
4 When an Officer discharges a firearm, it will be done in accordance with
Georgia law, SCMPD policy, SCMPD training methods, the United States
and Georgia Constitution.
5 Justification for the use of deadly force will be limited to what reasonably
appears to be the facts known or perceived by an Officer at the time the
decision is made to act. Facts unknown to an Officer, no matter how
compelling, cannot be considered later in determining whether the
shooting was justified.
6 No distinction will be made relative to the age of the intended target of
deadly force as self-defense and imminent threat are the only policy
guidelines for employing deadly force.
B Drawing or Exhibiting Firearms
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.
C Warning Shots [CALEA 1.3.3]
Warning shots are forbidden, except under the most extreme
circumstances to include but not limited to; attempting to stop a vicious
animal attack and for Homeland Security defense by the Marine Patrol
Unit.
D Use of the Firearm
A verbal warning will be issued prior to the discharge of a firearm, if
practical.
2 Whenever an Officer discharges a firearm, either accidentally or
officially, they will, as soon as safety allows, determine the physical
condition of any injured person and render assistance when appropriate,
SCMPD GO# ADM-007 Use of Force I Page 7 of 17
notify the Communications Center of the incident and location, and
request emergency medical services and a supervisor [CALEA 1.3.5]
3 Any Officer involved in a shooting will protect their weapon for
examination and submit the weapon to the Criminal Investigation
Division Forensic Officer away from the scene. The submitting of the
weapon should be done completely out of the view of the public.
a If the weapon has become part of the crime scene it will remain there
and will be collected by the forensic investigator.
b When an Officer who has discharged a firearm is injured, and must be
taken immediately for treatment the firearm will be secured by the
ranking Officer on the scene who will surrender the weapon to a
forensics investigator.
4 Every witness Officer present during the discharging of the firearm will
complete a detailed report of the incident. The on-scene supervisor will
assign an officer to complete the original police report.
5 Shooting cases involving human injury andlor death, or a sensitive andlor
high profile incident will be investigated by the IA Unit and the Criminal
Investigation Division.
a Negligent or accidental discharges not resulting in an injury or death
will be investigated by the employee's supervisor and assigned an OPS
number.
6 Any Officer whose actions or use of force results in injury or death will be
removed from line duty assignment and placed on administrative leave
by the OPS Commander pending the completion of investigations and
administrative review of the incident until reinstated by the Chief of
Police The Officer will be available at all times for official interviews and
statements regarding the case. [CALEA 1.3.8]
7 The Officer may be subject to recall to duty at any time and will not
discuss the case with anyone except appropriate investigative personnel,
the assigned District Attorney, or the Officer's attorney.
a Officers considering talking with Criminal Investigators or the District
Attorney will be afforded all rights under Miranda.
8 When a firearm is discharged by an SCMPD Officer, an on-duty
supervisor or Precinct Commander will advise the Communications
Center to make necessary notifications.
E Prohibited Uses ofFirearms
An Officer WILL NOT discharge a firearm to threaten or subdue an
unruly crowd or person if there is not a threat to the Officer's life or to
the lives of others.
SCMPD GO# ADM-007 Use of Force I Page 8 of 17
2 An Officer WILL NOT discharge a firearm to subdue a misdemeanor or
felony suspect attempting to escape, but not presenting an imminent
threat of serious bodily harm or death to the officer or to others.
3 An Officer WILL NOT discharge a firearm to stop a fleeing person who is
guilty only of suspicious conduct, or who is fleeing from a stolen car, or
whose conduct is not dangerous.
4 An Officer WILL NOT discharge a firearm to threaten or subdue a
physically violent subject who has not resorted to violence which
represents a threat of severe bodily harm to the Officer or other persons
present; however, in this case lesser force may be required and justified.
5 An Officer WILL NOT discharge a firearm when it appears likely that an
innocent person may be injured.
6 An Officer WILL NOT discharge a firearm at the occupants of a vehicle
(moving or stationary) or from a moving vehicle, except in self-defense or
the defense of another.
7 Officers WILL NOT discharge a firearm at a moving vehicle in an attempt to
disable the vehicle.
F Unconventional Weapons or Techniques
1 It is recognized that in some extreme circumstances, where the survival
or physical wellbeing of the Officer or the general public is in severe
jeopardy and there is reason to believe that an imminent threat of death
or serious physical injury exists, The situation may dictate the use of
techniques and/or items, not usually authorized or specific training given.
These might include, but are not limited to knifes, flashlights, natural
impact weapons, household utensils, tools, or other devices that are
readily available. SUCH ITEMS SHOULD BE USED ONLY AS A LAST
RESORT and only when the exigency of the situation requires their use
IV RESPONDING TO DISCHARGING FIREARMS INCIDENTS
A Notifications
In cases when an Officer, either on-duty or off-duty, discharges a SCMPD
firearm or approved firearm (while acting under the color of law) at a
person without making contact, the Police Communications Center will
notify the following.
a The on-duty or acting Precinct Commander of the Officer.
b The Chief of Police.
c The Watch Commander.
d The Office of Professional Standards (OPS Unit).
SCMPD GO #ADM-007 Use of Force I Page 9 of 17
e The supervisor of the agency with primary jurisdiction.
2 In cases when an Officer, either on-duty or off-duty, discharges a SCMPD
firearm at a person making contact, the Communications Center will
dispatch requested medical assistance and notify the following the
persons listed in section A but add the Criminal Investigation Division.
B Discharging Firearms Incidents Outside of Chatham County
1 Should an Officer have to discharge a firearm while outside Chatham
County, they will ensure the SCMPD Communications Center is notified
as soon as practical.
2 The Communications Center will dispatch a Supervisor from the closest
precinct, if the incident is in Bryan or Effingham County. The IA Unit
will respond to incidents occurring beyond Effingham or Bryan Counties.
3 The SCMPD Supervisor will immediately proceed to the location and
obtain all pertinent information, keeping their commander and the IA
Unit apprised of the situation.
4 The IA Unit will conduct an internal investigation, as the agency having
jurisdiction will be responsible for all other criminal investigations.
5 All applicable provisions of this and all SCMPD policies will apply with
respect to the investigation.
V REPORTING A USE OF FORCE INCIDENT [CALEA 1.3.6]
A An SCMPD Use of Force (UOF) Report will be completed whenever an officer
uses force which is greater than that required for unresisted Department-
approved searching, handcuffing or escorting.
This includes all use of force applications against persons who ultimately
flee and are not apprehended.
B All details regarding the use of force shall be included in the preliminary
report. When feasible, force reports shall be reviewed and approved by the
supervisor to whom the force incident was initially reported. A reference to
the verbal notification and the name of the supervisor to whom it was made
shall be included in the first report.
C Each assisting member who used force, including PTO/PTR partners, shall
submit a separate supplementary report detailing his/her actions. When
practical, reports relating to the use of force incidents shall be submitted to
the supervisor to whom the initial incident was reported.
D Each member reporting force shall describe in detail the actions of the
suspect necessitating the use of force and the specific force used in response
to the suspect's actions or resistance.
SCMPD GO# ADM-007 Use of Force I Page 10 of 17
E All injuries or complaint of injuries, and any medical treatment or refusal of
medical treatment, shall be documented in the preliminary report or
supplemental reports and photographed.
F Use of Force Reports are required for incidents where Officers:
Discharge a firearm for other than training or recreational purposes or
the destruction of an animal. [CALEA 1.3.6a] A preliminary incident
report will be completed for the destruction of an animal.
2 Take an action that results in, or is alleged to have resulted in, injury or
death of another person. [CALEA 1.3.6b]
3 Apply force through the use of deadly or less lethal weapons. [CALEA
1.3.6c]
4 Apply weaponless physical force at a level of force commensurate with
the amount of non-compliance offered by a subject. [CALEA 1.3.6d]
G Officers involved in incidents which require the completion of a UOF Report
whether on duty, off duty, or while working extra/off duty employment will
immediately contact a Supervisor or, if off duty, the on duty Supervisor
assigned to the precinct where the incident occurred.
H Officers will complete a Preliminary Investigation Report and a UOF Report
and, if necessary, a supplemental Report as soon as possible, but prior to the
end of their shift. The use of force will be completed in the ARS reporting
system unless the system is not working.
Supervisors and Watch Commanders who respond to the scene will inquire of
the officer the circumstances leading the need for force and what force was
used. They will also interview the suspect if possible and inquire of injuries
and circumstances if possible.
J Supervisors and Watch Commanders will look for and obtain statements
from witnesses to the incident. Statements will be attached to the Use of
Force package and comments placed in the cover letter.
K Supervisors will photograph all evidence of use of force if possible, to include
torn clothing, bruising and lacerations to both the officer and suspect.
L All reports will be administratively reviewed by the supervisor to determine
whether officer actions are within policy and reasonable or training, weapons
and equipment issues are apparent. The reports will be forwarded through
the chain of command to the appropriate Precinct/Unit Commander for
further review within 48 hours. [CALEA 1.3.7]
The report at a minimum, will detail the facts of the incident based upon
statements (witness, suspect, and Officer), physical evidence, and
recommendations. [CALEA 1.3. 7]
SCMPD GO# ADM-007 Use of Force I Page 11 of 17
2 A copy of the report, the supervisor's cover letter and a Use of Force File
Form will then be forwarded through the chain of command. Each
commissioned officer will review the submitted file and make their
determination if the force used is reasonable. Once completed, the forms
will be forwarded to the Office of Professional Standards.
VI USE OF DEADLY FORCE DEBRIEFING
A In all cases where any person has been killed or seriously injured as a result
of a firearm discharged by an SCMPD Officer, the involved Officer will be
offered, at the City's expense, the services of a SCMPD appointed
psychologist within 24 hours of the incident. The purpose of this debriefing
will be to allow the Officer to deal with the moral, ethical, and/or
psychological after effects of the incident.
The debriefing will not be related to any SCMPD investigation of the
incident and nothing discussed in the debriefing session will be reported
to the SCMPD. The debriefing session will remain protected by the
privileged physician patient relationship.
B In all cases where any person has been seriously injured or killed as a result
of a firearm discharged by a SCMPD Officer, the involved Officer and their
family will also have available to them the services of a the City of Savannah
Employee Assistance Program and/or SCMPD Chaplain to provide the Officer
and/or the family with a source of professional consultation to aid them in
dealing with the potential moral and ethical after effects of a shooting
incident.
The Chaplain's services will not be related to any SCMPD investigation
of the incident, and nothing discussed will be divulged to the SCMPD.
The consultation sessions will remain protected by a privileged
relationship.
C Prior to being returned to duty the involved officer will be required to
undergo a fitness for duty evaluation with an SCMPD appointed psychologist,
at the City's expense to determine the officer's ability to be returned to duty.
This evaluation is not privileged under the physician-patient relationship.
D Duties
I Duties of Precinct Sergeants
a The Precinct Sergeant will proceed immediately to the scene and
secure the scene as well as any witnesses.
b Ensure a perimeter is set up around the scene; establish separate
areas for the media, Investigators and Command as staging points.
c Ensure that care is rendered to any employee or civilian that is in
need.
SCMPD GO #ADM-007 Use of Force I Page 12 of 17
d Ensure that proper notifications are made to include the Watch
Commander.
e Determine if there are any ongomg issues that may affect public
safety.
f Assign a second supervisor to remain with the officer who used deadly
force.
g If the situation allows, keep the officer at the scene for a public safety
debriefing. If not, remove him or her to safe location.
h After talking to the Criminal Investigators take or arrange for the
involved officer to be taken to an approved lab for the purpose of
submitting blood and urine samples for testing. Prior to the submission
of samples the supervisor will advise the officer of his/her Garrity
warmngs.
2 Duties of Precinct Lieutenants
a Ensure the duties of the sergeant at the scene are addressed. If not,
he/she will make this their first priority after assuming command.
b Conduct the preliminary field investigation.
c Enact a tactical alert if needed. Assign responsibilities as needed.
d Summon appropriate resources.
e Make contact with the Precinct Commander or Assistant Division
Commander and ensure that a critical incident notification is
completed.
f Ensure that all reports are completed and submitted to the Precinct
Commander for review.
3 Precinct or Asst. Division Commander
a Upon notification respond to the scene to render command assistance
to the investigation efforts.
b Ensure the needs of the officer(s) involved are protected.
c Summon appropriate resources.
4 Duties of the Criminal Investigations Division (CID)
a The CID will investigate any shooting incident involving an SCMPD
sworn employee that results in injury or death in the SCMPD
jurisdiction.
b At the direction of the Chief of Police the Georgia Bureau of
Investigation may be requested to conduct any investigation relating to
such incidents.
SCMPD GO# ADM-007 Use of Force I Page 13 of 17
c Such investigations will be conducted usmg the same general
guidelines as any other shooting incident.
d Criminal Investigators will conduct the primary investigation
concentrating on the criminal aspects of the incident.
e Criminal Investigators will share all information they obtain during
their investigation with the Internal Affairs Unit.
5 Duties of the Internal Affairs (lA) Unit
a The lA Unit will investigate any contact and non-contact shooting by
SCMPD personnel involving human life.
b In the event serious injury or death is inflicted by an Officer, ensure
the Officer is placed on administrative leave, without loss of pay or
benefits, pending the results of the investigation and an administrative
review by the Chief of Police. [CALEA 1.3.8]
c The lA Commander or his designee will make the decision to issue the
officer a replacement weapon.
d lA Unit Investigators will not disclose information from their
investigation with Criminal Investigators.
e lA Unit Investigators will submit a report of their findings to the Chief
of Police or designee which includes the following:
(I) The circumstances surrounding the shooting,
(2) The history of the officer's employment with SCMPD,
(3) Implications of Department Policy relating to the shooting.
f The Internal Affairs (lA) Unit of the Office of Professional Standards
shall conduct a documented annual analysis of all Use of Force cases
by January 31 for the preceding year, and will forward a copy of the
analysis to the Accreditation Unit. [CALEA 1.3.13]
VII USE OF FORCE REVIEW BOARD
A The Use of Force Review board will review all substantial or questionable
uses of force by sworn personnel of the SCMPD.
B It is the policy ofthis department to carefully monitor and analyze the use of
any type of force by its officers. Therefore, the intent of this board is to
examine substantial or questionable uses of force for the purposes of
determining policy violations, failures of policy, equipment, or training
issues and enhance future performance.
C The Use of Force Review board will be chaired by a Major of Police
designated by the Chief of Police on a rotating basis.
SCMPD GO#ADM-007 Use of Force/Page 14 of 17
Members of the board will be chosen by the chairperson and be
representative of all areas of the department. At a minimum the board
will include two civilian members of the community and the department's
Training Unit Commander or their representative.
D Substantial Use of Force- All incidents involving the use of deadly force such
as an officer involved shooting; unintended discharges of a firearm; all uses of
carotid restraint control holds including any modified, full or locked carotid;
all uses of force resulting in an injury requiring hospitalization; all head
strikes with an impact weapon; all TASER deployments intentional or
unintentional and all other uses of force resulting in death.
E Questionable Use of Force - Any Use of Force in which the involved officer's
intent, tactics, or techniques are of a questionable nature. All such incidents
will be referred to the review board by that officer's Commander or by review
of the Use of Force Review Board chairperson.
F Tactical Debrief
I The Use of Force Review Board Chairperson will assign a subject matter
specialist to debrief involved personnel in all substantial and
questionable uses of force and complete a presentation of their findings to
the Use of Force Review Board.
2 This debrief will be a collective review of an incident to identify those
areas where actions and decisions were effective and those area where
actions and decisions could have been improved. The intent of this
debrief is to develop a comprehensive presentation to be the Use of Force
Review Board.
G Executive Review Board
I The Deadly Force Review Board will convene at the order of the Chief of
Police and review circumstances surrounding the discharge of a firearm
by a SCMPD Officer when recommended by the IA Unit.
2 The Board will be comprised of.
a The Chief of Police or designee.
b Three Majors and three Captains assigned by the IA Unit Commander
on a rotating basis. Note: The Chief of Police may designate a Captain
to represent a Division Commander who is absent.
c The Executive Review Board will develop findings and make
recommendations to the Chief of Police in the following areas:
(I) Whether the shooting was within policy, out of policy, or
accidental.
(2) Tactical considerations.
(3) Training considerations.
SCMPD GO# ADM-007 Use of Force I Page 15 of 17
( 4) Quality of supervision.
(5) Discipline considerations.
(6) The post-shooting investigative process and quality.
VIII CIVIL DISTURBANCE USE OF FORCE
A A Civil Disturbance is a disruption of a peaceful, ordered environment that
creates a condition which interferes with another person's rights or their
ability to perform their normal, legal activities.
B During a civil disturbance, the SCMPD will preserve the peace and enforce
the law while protecting the rights of the demonstrators to assemble
peacefully and exercise free speech. SCMPD Officers will perform their duties
in a manner that is balanced, measured, and appropriate in response to the
circumstances.
C Constructive Control (Officer Presence and Verbal Direction) is a uniformed
police presence and may be in a field force platoon formation. There is no
physical contact between the police and demonstrators and Use of Force
reports are not required.
D Physical Control (Empty Hand Control) involves hands-on touching, guiding,
or directing with no deployment of tools or weapons. This may include line
and wedge formations (with or without protective riot shield) in order to move
a crowd that resists verbal commands. Arrests also fall into this category.
Documentation of force per current Department policy is required.
E Mechanical and/or Chemical Control (Non-lethal Weapons) has two levels,
the use of tools or weapon(s) to include ASP batons, 36 inch wooden baton
and the black monadnok which should only be used individually as defensive
tools, and crowd control shields. Also include at this level are chemical
weapons such as OC spray and mechanical weapons, such as Kinetic Energy
projectiles (aka supersocks), TASERS. Documentation of force per current
Department policy is required.
F Deadly Force (Lethal Weapons) will not be utilized in crowd situations except
as a last resort in the face oflife threatening circumstances.
G In fulfilling its responsibilities during a civil disturbance in which
demonstrators engage in unlawful conduct, the SCMPD will make reasonable
efforts to employ non-arrest methods of crowd management as the primary
means of restoring order.
H If such methods prove unsuccessful, arrests shall be made for violations of
the law.
SCMPD GO# ADM-007 Use of Force I Page 16 of 17
All arrests shall be based on probable cause and arresting Officers' Use of
Force shall be objectively reasonable to the circumstances encountered. As
much as possible under the circumstances, arrests shall be made in an
organized manner at the directions of a Supervisor which shall be fully
documented.
This General Order supersedes all written directives issued prior to 08/28/12, pursuant to Use of
Force.
BY ORDER OF:
Original Signature on File
Willie C. Lovett
Chief of Police
SCMPD GO# ADM-007 Use of Force I Page 17 of 17
SCMPD GENERAL ORDER
GO# OPS-048:
CRITICAL INCIDENT NOTIFICATIONS
PURPOSE
OPERATIONS
EFFECTIVE: 09/11/2006
REVISED:OS/25/10
The purpose of this order is to establish a defmitive system for dissemination of
information resulting from critical incidents to the Chain of Command.
POLICY
It is the policy of the Savannah-Chatham Metropolitan Police Department that all sworn
Officers shall immediately notify the next level of their chain-of-command in the event of
Category I or Category II incidents as defined below. The senior ranking Officer at any
Category I or Category II type incident shall begin the chain-of-command notification. If
an Officer is unable to reach the next level of the chain-of-command, the notifying Officer
shall continue up the chain, up to and including the Chief of Police, until proper
notification is made.
Category I Incidents - The following types of incidents are Category I incidents and require
immediate verbal notification of appropriate Division Commanders and the Chief of Police:
The death of a SCMPD Police Officer, on or off duty.
A SCMPD Police Officer is shot, seriously injured or becomes seriously ill while on
duty.
A citizen is killed or seriously injured by a SCMPD Police Officer.
Complaints from the City of Savannah Manager, Chatham County Manager, Mayor of
Savannah, Chatham County Commission Chairman, City of Savannah Council
Member, or Chatham County Commission Member. (Chief only)
Hostage/barricaded gunmen situations.
Catastrophic natural or man-made disasters.
Incidents likely to bring discredit to SCMPD.
Incidents involving unusual situations, individuals, groups or organizations that would
tend to attract extraordinary media attention or the interest of the general public.
All homicides
An arrest of any SCMPD Officer or the arrest of any police officer by SCMPD.
Category II Incidents - The following types of incidents are Category II incidents and
require written notification to the Division Commander prior to 0800 hours on the next
business day:
Police vehicle accident or damage reports (minor accidents).
Police Officer IOD reports.
SCMPD GO # OPS-048 Critical Incident Notifications I Page 1 of 4
Incidents involving a citizen lodging a complaint against an Officer for excessive Use
of Force or Ethics violation or where a complaint appears imminent.
Incidents in which Officers are required to leave the SCMPD's jurisdiction or assist
outside agencies within SCMPD's jurisdiction.
The arrest of any Federal, State, or local elected official.
Incidents wherein an SCMPD employee, on or off duty, comes under investigation by
any outside law enforcement agency""
PROCEDURE
I. IMMEDIATE NOTIFICATIONS
A. Immediate notifications shall be made via police radio or through the use of telephones
or blackberry devices. The process will be as follows:
L Police Officers shall immediately notify their supervisor (Sergeant or Lieutenant) of
all Category I or Category II incidents.
2. Sergeants shall immediately notify their Lieutenant or Precinct/Unit Commander of
all Category I or Category II incidents.
3. Lieutenants shall immediately notify their Precinct or Division Commander of any
Category I incidents.
4. Precinct/Unit Commanders shall immediately notify their Division Commander of
any Category I incident.
5. Division Commanders shall immediately notify the Chief of Police of any Category
I incidents.
6. If any person is unable to make the next notification they will then move up to the
next person.
II. WRITTEN NOTIFICATION
A. Category II incidents shall be reported, in writing, to the affected Division Commander,
through the chain-of-command by 0800 hours the next business day.
B. The notification shall include the following, when applicable:
1. Supervisory cover memorandum (or email, if appropriate.)
2. Pertinent reports and forms.
3. Any other relevant information or data.
III. CRITICAL INCIDENT LOG
A. Category I and Category II incidents shall be entered into the Critical Incident Log
located in Lotus Notes by the Sergeant, or designee, prior to the end of their tour of
duty.
B. The senior officer on duty shall submit a summary of the event(s) to the applicable
Precinct or Unit Commander and the Division Commander as soon as feasible, without
delay.
SCMPD GO # OPS-048 Critical Incident Notifications I Page 2 of 4
C. Prior to the start of each shift all supervisors and commanders will check the database
to ensure that they are informed of any critical incidents.
D. All on-coming affected supervisors will be briefed of the incident and forwarded a copy
of the Critical Incident Log through the Lotus Notes System.
IV. CRITICAL INCIDENT ALERT
A. A Critical Incident Alert (Blackberry Notification) is an immediate internal
notification made through the Department e-mail system to all command staff
personnel of a specific situation for the purpose of keeping them aware of developing
incidents affecting the department.
B. The Incident Commander or on scene supervisor is responsible for advising the
Communications Center Supervisor of general details pertaining to significant
incidents as soon as practical. The Communications Center Supervisor will construct
and distribute the message.
C. Releasing information quickly after an incident can have unintended consequences.
Therefore, all efforts will be taken to ensure that only accurate information is
released.
1. The notification will not serve as a press release or be constructed similar to a
news story.
2. The Incident Commander or Supervisor has the right to forgo a Critical Incident
Alert if he or she believes the incident to be of a sensitive nature and the
notifications need to be restricted. Notifications will then be made either in
person or by phone.
3. Critical Incident alerts will be made for the following:
a. Serious accidents and police vehicle accidents
b. Tactical Alerts
c. Shootings
d Commercial Robberies
e. Homicides
f. SWAT or EOD call outs.
g. Emergency road closures
h. Major power outages
1. All Category 1 incidents
j. Updates on developing situations
4. Only general information will be distributed. The following will not be included:
a. Names of victims
b. Statements made by the victims or suspects
c. Opinions
SCMPD GO # OPS-048 Critical Incident Notifreations I Page 3 of 4
d. Any infonnation that would be a HIPP A violation
e. The names of police officers injured
f. Descriptions of weapons or injuries beyond either minor or life threatening.
g. Explicit details that would describe the scene of a suicide or death,
timelines, or evidence found at scene
h. All notifications will include the phrase:
Preliminary information- subject to change
i. The name and contact number of the on scene supervisor on commander
will be included.
This General Order supersedes all written directives issued prior to 05/25/10, pursuant to Critical
Incident Notifications.
BY ORDER OF:
t ~ ~
Chief of Police
SCMPD GO # OPS-048 Critical Incident Notifications I Page 4 of 4
August 23, 2013
Officer Frank Reteguiz
Savannah-Chatham Metropolitan Police
Operations Division I Patrol South I Southside Precinct
Savannah, Georgia
Officer Frank Reteguiz
c
Chief Willie c. Lovett
Effective August 23, 2013, you are placed on Administrative Leave with pay until further notice
from the Internal Affairs Unit. During the time you are on Administrative Leave with pay, you
are directed to remain at your residence during duty hours: 8:00 a.m. to 5:00 p.m., Monday
through Friday. You are directed not to engage in law enforcement duties or participate in any
off-duty employment. Any periods of absence from your residence during your duty hours
must be preauthorized, by the Internal Affairs Office, Commander Henry Wiley, or designee.
You are not allowed to discuss this case with anyone except members of the Internal Affairs
Unit. You are not allowed to enter any SCMPD City/County facility. You are only authorized
entry into these facilities under the escort of a member from the Internal Affairs Unit, or their
designee.
You are to notify the Internal Affairs Unit if anyone attempts to discuss this case with you.
Administrative Leave with pay is not an excuse to miss court. If you are scheduled for a court
appearance, you MUST attend.
Officer Frank Reteguiz

Department Head or Chief
Savannah-Chatham Metropolitan Police Department
DATE: 8/ LJ/J J
DATE:
~ ~ ~ ~ ~ P Ll C E
Chief Willie c. Lovett
TO: Officer Frank Reteguiz
Thru: Chief Willie Lovett
FROM: captain Henry Wiley /Internal Affairs Commander
DATE: September 9, 2013
SUBJECT: Return to Duty
Officer Frank Reteguiz,
As of September 10, 2013, you are off of Administrative Leave and will be returning to
Southside Precinct. Upon your return, you need to contact captain Dean Fagerstrom,
Southside Precinct Commander, for assignment.
9-.L5ll!J
Date
P/1/!:3
Date
Joey Wright
From:
Sent:
To:
Cc:
Subject:
Gary,
Joey Wright
Monday, September 09, 2013 2:57 PM
Gary Taylor
Henry Wiley; Dean Fagerstrom
Training for Ofc. Reteguiz
Due to recent incidents that led to Administrative Investigations, it has been recommended by Dr. Stone &
Assoc. that Officer Frank Reteguiz attend Use of Force training. Officer Reteguiz has been taken off of
Administrative leave and returned to Pet. 4 on Restricted Duties. Once Ofc. Reteguiz has completed the
training, a copy of the training report needs to be sent to Internal Affairs.
Thanks.
Sergeant J. Wright
Office of Professional Standards
601 E. 66th Street Suite 100
Savannah, Georgia 31405
912-691-6237 wk
912-692-4500 fax
SAVANNAH-CHATHAM
JI/&To JIOJ.JC/&
-----------------Cl!i<lf Willi C: LOHit &
1
c
Chief Willie C. Lovett
Internal Affairs Case Accountability Log
OPS# 2130710
Relinquished By Received By
Print Name Date Print Name Date
Sgt. J. Wright 9/19/13
~ ~ ~ ~ t ~ PC Ll c E
Chief Willie C. Lovett
TO: MAJOR RICHARD ZAPAL
CAPTAIN DEAN FAGERSTROM Cp.. o-t FROM:
REF: OPS# 2130710: OFFICERS FRANK RETEGUIZ & DAVID BAKER
DATE: SEPTEMBER 26, 2012
Commanding Officer Adjudication
OPS No. 2130710
Captain Fagerstrom received the completed complaint for adjudication on September 19,1013.
ADJUDICATION
Citizen Complaint
The complaint investigation, OPS No: 2130710, resulted m three (3) allegations against
Department employee:
1. Officer Frank Reteguiz Patrol Division South/Southside Precinct
AND, one (1) allegation against Department employee:
2. Officer David Baker Patrol Division South/Southside Precinct
ALLEGED ALLEGATION(S):
1. SCMPD GO #ADM-004: Oath of Office, Ethics, and Conduct
5. Treatment of Others (Reteguiz)
2. SCMPD GO #ADM-007: Use of Force
B. Drawing or Exhibiting Firearms (Reteguiz)
3. SCMPD GO #OPS-048: Critical Incident Reporting
Category I Incident (Reteguiz & Baker)
RATIONALE:
On July 15, 2013 Mr. Robert Cutter was stopped for a seat belt violation at White Bluff and
Holland Drive by Officers David Baker and Frank Reteguiz. Officer Baker was the driver of the
marked police vehicle. Officer Reteguiz was seated in the front passenger compartment. Once
Mr. Cutter stopped his vehicle both Officers exited their Patrol car. Mr. Cutter immediately
exited his vehicle at which time Officer Reteguiz pulled his weapon (low ready), took cover
behind Mr. Cutter's trunk and ordered Mr. Cutter back inside his vehicle. Mr. Cutter complied
and sat back in his vehicle. Officer Reteguiz approached the driver's side of the vehicle with his
weapon drawn, and engaged in conversation with Mr. Cutter. Officer Baker was the secondary
(back-up) officer on this traffic stop. Officer Baker did not exhibit his firearm.
Both Officers Reteguiz and Baker stated Mr. Cutter was disorderly, upset and/or angry. Mr.
Cutter claims that Officer Reteguiz was "having a bad day."
Officer Reteguiz returned to his Patrol vehicle to write a traffic citation while Officer Baker
talked with Mr. Cutter.
After Officer Reteguiz wrote the traffic citation for the seat belt violation, he returned and issued
the citation to Mr. Cutter. Mr. Cutter drove off and Officers Baker and Reteguiz resumed Patrol
duties.
On July 23, 2013 the Office of Professional Standards received a memorandum from Lt. D.
Robinson (Chiefs Office) regarding the traffic stop on July 15, 2013 by Officers Baker and
Reteguiz. Lt. A. Oliver of the OPS contacted Mr. Cutter, who wanted to file a complaint against
the officers.
NOTE: In Lt. D. Robinson's memo she states: "Two individuals were in a 1988 BlvfW bearing
Georgia plate PDE4596. Kimberly Cutter and Robert Lee Cutter were occupants of the
vehicle." This statement was incorrect Mr. Cutter was the only occupant in the vehicle.
On July 24, 2013 Mr. Cutter was interviewed by the OPS staff.
Officers Baker and Reteguiz were later interviewed by OPS staff regarding the complaint made
by Mr. Cutter.
RECOMMENDATION:
Based on the investigation conducted by the Office of Professional Standards, I recommend the
following findings against Officer Frank Reteguiz:
1. SCMPD GO #ADM-004: Oath of Office, Ethics, and Conduct
5. Treatment of Others- NOT SUSTAINED.
2. SCMPD GO #ADM-007: Use of Force
B. Drawing or Exhibiting Firearms- SUSTAINED.
3. SCMPD GO #OPS-048: Critical Incident Reporting, Category I incident-
SUSTAINED.
2
Based on the investigation conducted by the Office of Professional Standards, I recommend the
following finding against Officer David Baker:
1. SCMPD GO #OPS-048: Critical Incident Reporting, Category I Incident-
SUSTAINED.
PENALTY:
1. Officer Frank Reteguiz: Verbal/Written Counseling and Use of Force Training (OPS
has already directed Officer Reteguiz to attend a training review of the incident with
SCMPD Training Staff) for allegations 2 & 3. The Use of Force training should be
classroom instruction and practical/scenario based exercises.
2. Officer David Baker: Verbal/Written Counseling for allegation 3.
Logic/reasoning behind the Verbal/Written Counseling:
1. Officer Frank Reteguiz:
Officer Frank Reteguiz has NO disciplinary action in his OPS file. Thus, in keeping with
the City's policy regarding progressive discipline (HR-019: Verbal Counseling: Verbal
counseling should ordinarily be used when previous discussions with the employee fails to
solve the petformance or behavior problem. A record of the counseling session should be
maintained at the department level), a verbal counseling, which is documented (reduced to
written form), is the recommended penalty for Allegations 2 & 3 (SCMPD GO #ADM-
007: Use of Force B. Drawing or Exhibiting Firearms & SCMPD GO #OPS-048:
Critical Incident Reporting, Category I incident).
As for Allegation 2 (SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting
Firearms), Officer Frank Reteguiz has already been directed by the OPS to attend a
training review of the incident with SCMPD Training Staff Discipline is NOT the
appropriate action for this policy violation. However, a verbal counseling that is
documented, followed by remedial training (classroom instruction and practical/scenario
based exercises) regarding the drawing or exhibiting the firearm is the correct approach
to ensure that Officer Reteguiz understands the proper procedure in the use of firearms,
and to clearly understand the Use afForce policy. If Officer Reteguiz violates this policy
again, then the appropriate action would be discipline, followed by another Use of Force
training session.
From a Use of Force continuum perspective, Officer Reteguiz limits himself in
controlling the situation with his weapon drawn, and creates unnecessary concern on the
part of Mr. Cutter. This action by Officer Reteguiz could have resulted in an
unwarranted or accidental discharge of the firearm. Officer Reteguiz should have kept
his weapon in his holster, unless the circumstances surrounding the incident created a
reasonable belief there was a substantial risk that the situation may escalate to the
point where deadly force may be justified. Based on the OPS investigation, there was
NO substantial risk during the traffic stop conducted by Officers Baker and Reteguiz.
3
Although Officer Reteguiz states there was a "perceived threat" by Mr. Cutter's actions,
there was NO substantial risk present during the traffic stop.
A perceived threat and/or a reasonable belief must be followed by a substantial risk. In
this case, Officer Reteguiz may have felt a perceived threat and/or a reasonable belief due
to Mr. Cutter's actions, BUT, the substantial risk was not present. In fact, Officer Baker
did NOT draw or exhibit his weapon.
There are many factors that determine reasonableness and officers must determine the
appropriate level of force for each situation and the circumstances surrounding the
incident. Those factors may include but are not limited to: The seriousness of the crime
or suspected offense; the level of threat or resistance presented by the subject; whether
the subject was posing an immediate threat to officers or a danger to the community; the
potential for injury to citizens, officers or subjects; the risk or apparent attempt by the
subject to escape; the conduct of the subject being confronted (as reasonably perceived
by the officer at the time); the time available to an officer to make a decision; the
availability of other resources; the training and experience of the officer; the proximity or
access of weapons to the subject; officer versus subject factors such as age, size, relative
strength, skill level, injury/exhaustion and number officers versus subjects; and, the
environmental factors and/or other exigent circumstances.
Once the officer determines a reasonable belief, the officer then has to determine if there
is a substantial risk that deadly force is needed.
In summary, Officer Reteguiz was out-of-policy in drawing/exhibiting his firearm and he
failed to holster his weapon after Mr. Cutter was ordered back inside his vehicle.
2. Officer David Baker:
Officer David Baker has NO disciplinary action in his OPS file. Thus, in keeping with
the City's policy regarding progressive discipline (HR-019: Verbal Counseling: Verbal
counseling should ordinarily be used when previous discussions with the employee fails to
solve the performance or behavior problem. A record of the counseling session should be
maintained at the department level), a verbal counseling, which is documented (reduced to
written form), is the recommended penalty.
ADMINISTRATIVE INSIGHT (0PS#213071 0)
Officer Frank Reteguiz:
Training Issues - None
Workplace Issues- None
Work/Compliant History Analysis- One complaint but Exonerated.
Demotion/Downgraded Consideration - N/ A
4
Relief from Duty Consideration- placed on Administrative leave/duties by the OPS.
Action Taken- Currently placed on Administrative duties at the Southside Precinct by the OPS.
NOTE: Officer Reteguiz came to my office after his training review of the incident with
SCMPD Training Staff. I explained to Officer Reteguiz that during the July 15,
2013 traffic stop involving Mr. Cutter, there was NO substantial risk present. I
further explained to Officer Reteguiz that he was limited in his options to control
the situation when he exhibited his weapon.
Officer David Baker:
Training Issues -None
Workplace Issues- None
Work/Compliant History Analysis -None
Demotion/Downgraded Consideration- NIA
Relief from Duty Consideration- None
Action Taken- None
RESPONSE TO CHARGES/APPEAL:
You are entitled to respond to the charges orally or in writing, or both orally and in
writing, prior to the imposition of discipline. If you elect to respond in writing, submit
your written request to the Office of the Chief of Police, through your Chain of Command,
within three (3} business days after your receipt of this notice.
If you elect to respond in person, a meeting will be scheduled with the Chief, at which
time you will be given an opportunity to respond to the proposed action. Failure to make
written or oral response or request will constitute waiver of the right to appeal.
No final decision regarding discipline will be reached until you have had an opportunity
to respond. If, after following the above procedure, discipline is implemented, you will be
served with a Disciplinary Action Report.
ACKNOWLEDGEMENT:
"I have read this document; understand the appeal options open to me, and that this
memorandum will be retained in my permanent personnel file."
Employee Date
Employee Appeal Decision:
5
Captain:
Major:
Chief:
6
A ~ ~ ~ ~ A ~ PC Ll c E
............. _ .... _______ ...
Robert Cutter
.

Re: OPS # 2130710
Dear Mr. Cutter
September 26, 2013
Since the filing of your complaint on July 23, 2013, a thorough investigation has been
conducted concerning the actions of Officer Frank Reteguiz of the Savannah-Chatham
Metropolitan Police Department. A record of the complaint and subsequent investigation
is now maintained with the Internal Affairs Office of this Department.
Information gained during the investigation may be used in planning, training, and
updating procedures for department personnel, in an effort to provide better service and
protection to our citizens.
We acknowledge your concern regarding this matter and appreciate you bringing it to our
attention. The Department has benefited by having taken a closer look at the
circumstances surrounding this incident. The finding resulting from this investigation
was SUSTAINED, which means the investigation supported the conclusion that the
employee engaged in the alleged conduct and violated a rule by doing so.
Should you wish additional information regarding this complaint, please contact Captain
Dean Fagerstrom at telephone number 912-525-3100, ext. 4555, and an appointment will
be made for you to discuss this matter.
Sincerely,
d< ~ c
J. Brian Dale
Case Manager
SCMPD Office of Professional Standards
~ V N N H PC Ll c E
~ H T H M e
P.O. Box 8032
Savannah, Georgia 31412
Robert Cutter

Date: September 30, 2013
Name: __ O_ffi_Ic_e_r_D_a_v_id_B_ak_e_r ___________ Payroll#: _1_1_2_05 __ _
Department: SCMPD-Southside Pet Supervisor: Captain Dean Fagerstrom

Reason for This Action: OPS# 2130710 - Citizen Complaint.
SCMPD GO #OPS-048: Critical Incident Reporting, Category I Incident
Allegation is Sustained (see OPS investigative file).
D Review Weekly
D Review Monthly
D Review Quarterly
Follow Up Action
Comments or suggested improvements: Review of SCMPD GO# OPS-048.
Next Review Date:
Employee Signature:
Supervisor Signature:
I I
This form is for counseling purposes only. Failure to improve will result in progressive
disciplinary action.
SCMPD FORM 1067w (06/23)
Date: September 30, 2013
Name: __ O_ffi_Ic_e_r_F_rank __ R_e_t_,eg""-u_iz __________ Payroll#: _1_1_6_0_7 __ _
Department: _S_C_MP_D_-S_o_u_th_s_i_de_P_ct __ Supervisor: __ C_a.J,.p_ta_i_n_D_e_a_n_F_a_....g'-er_s_tr_o_m __ _
Reason for This Action: OPS# 2130710- Citizen Complaint.
SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting Firearms
SCMPD GO #OPS-048: Critical Incident Reporting, Category I Incident
Both allegations are Sustained (see OPS investigative file).
0 Review Weekly
0 Review Monthly
0 Review Quarterly
Follow Up Action
Comments or suggested improvements: Incident Review by the SCMPD Training Unit.
Use of Force training, to include but not limited to, Classroom instruction and Practical I
Scenario based exercises. Review of SCMPD GO# ADM-007 & GO# OPS-048.
Next Review Date:
Employee Signature:
Supervisor Signature:
This form is for counseling purposes only. Failure to improve will result in progressive
disciplinary action.
SCMPD FORM I067w (06/23)

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