Report on Police Conduct Contact info: Andre Murray E-mail: andremurraynow@gmail.com Address: 31 Marshall Street, Fredericton N.B.

E3A 4J8 Date and location: On March 3, 2009 at or about 2:00pm at duplex 29 Marshall Street & 31 Marshall Street, Fredericton N.B. Police involved: Constable Fox Badge number: 346 Constable Small Badge number: 355 Constable Rideout Badge number: 320 Sgt. Myers was on duty at the Police station Badge number: 281

I Andre Murray, having just finished shovelling snow in the early afternoon from the driveway, was walking back and past the arbour gated enclosed area of my leased residence and studio at the civic addresses of the duplex 29 Marshall Street & 31 Marshall Street in the City of Fredericton, N.B. Note: I had earlier removed all my warm winter clothing and was actively retrieving / collecting and or reassembling the winter clothing & accessories. I Andre Murray now had the shovel in my hand. As I Andre Murray now had located my scarf, winter coat and other accessories inside the entrance of the arbour gated enclosed area to the duplex, since I had assembled / picked up all my clothes from inside and past the arbour gated door enclosed area, and continued to the Sun porch entrance door of the duplex civic address 29 Marshall Street. I Andre Murray now heard sounds and turned around to see what it was and saw someone who I now believe to be Constable Fox approaching me at running speed from the street side of 29 Marshall Street and down the same driveway from which I had just finished removing the snow. I was surprised to see a man in black coming around the snow bank as this was the first time that I had any indication that anyone else was in my area. This same man that was rapidly approaching me, dressed in black and not wearing a hat, is now known to me as Constable Fox was yelling in a manner and speaking quickly that

could best be described as stressing commands (make this happen! do this thing right now!) As I recall his exact words where as follows: Richard, stop, you not going anywhere, you are under arrest, put your hands behind your back. As Constable Fox approached he immediately did and without warning grab my right arm immediately inflicting pain as Constable Fox caused my right arm to become twisted around and behind my back. Note: at this point I am holding all my usual winter clothing and accessories including the snow shovel. As Constable Fox continues to twist the wrist and arm he then uses his leg to sweep my feet out from under my body sending my body to the ground with great force onto one knee. As the assault caused me to drop the shovel and jacket I remember saying dont touch me, let go of my arm. Constable Fox said stop resisting arrest; give me your other arm. At this point he tried to sweep my legs out from under me and I ended up on one knee, with one arm twisted behind my back and my face planted into a snow bank. I Andre Murray now said I am not resisting arrest, let go of my arm, you do have permission to touch me. He said give me youre other arm or I am going to hurt you. I Andre Murray now said Calm down, let go of my arm. He said put your other hand behind your back, and Constable Fox began twisting my wrist, I Andre Murray now believe he was trying to hurt seriously me. At this point I was on my knees on the ice and had my left arm out in front of me on the snow surface protecting my face from further injury from impacting the ground as Fox was now literally and physically on my back applying extreme force in a down ward to the ground direction. I Andre Murray now said I do not consent to arrest, let go of my arm. And If I give you my other arm I will fall face first on the ice, let go of my arm and let me get up I Andre Murray now tried manoeuvre body so as to mineralize the damage which I was aware of occurring on initial contact as Constable Fox was not relenting - he was continuing with his excessive force program. I Andre Murray now said listen to my voice, I am being reasonable, and I am speaking calmly and clearly, I do not consent to arrest, let go of my arm At this point the second police constable Small arrived and proceeded to bear his body weight down on top of me, pushing down on shoulders. I Andre Murray now said I do not consent to arrest, let go of my arm.

By this point I was supporting my body weight on my left arm and knees on the ground. Someone yelled Put you arm behind your back or you will be tazered, I Andre Murray now said I am protecting my face; if I move my arm I will smash my face on the ice. Someone yelled, If you do not put your hand behind your back you will be pepper sprayed. Fox pull up really hard on my right arm so I moved and twisted in an attempt to not to be severely hurt. I Andre Murray said very clearly do you hear my voice I am relaxed, if I move my arm my knees will slide out on the ice I will smash my face into the ice, let go of my arm and let me get up. Constable Fox pulled / pushed continuing to twist my right wrist and arm once again. So I had no choice except to follow his lead as my body was being manipulated around the ground surface, with the weight of Constable Fox on my back.. My right leg was then pulled out from under me by as I now know to be Constable Small my pant leg and I felt a force brought down onto my now fully extended right leg pinning it to the ground. I Andre Murray now said I do not consent to arrest; stay calm, I am calm, there, is no reason to do this. At this point I Andre Murray now heard someone say and verily do believe that the voice was that of Constable Fox spray him. I Andre Murray was then sprayed in the face by Constable Small with what I was later told (while under arrest and being detained at the Police Station on Queen Street Fredericton N.B.) is pepper spray. I Andre Murray now shut my eyes and turned my face away from where I thought the spray was originating from which was to my right side. I immediately began feeling the burning in my eyes and as I breathed in my nose began to burn. I then felt my left leg being violently pulled out from under me and more rigid weight being applied to this left leg consequently immobilizing it to the ground. I turned my head down and to the left, to limit the damage I would receive to my head as my left arm was now being pulled out from under me. I felt someone place a knee into the middle area of my back as my left arm was grabbed and now being twisted as it was pulled back and up behind my back. My head hit the ice and snow and I again felt what I believe must have been knees digging into my back as both my arms were being pulled backwards and away from my back with great force.

The process of handcuffing my wrists involved several extreme and severe repetitions of lifting my arms backwards while preventing my body from moving off the ground surface as both constables had their knees into my back sides Finally I Andre Murray now was physically lifted by my handcuffed arms dragged then literally carried suspended by my handcuffed wrists to only arrive at a sudden impact with what sounded like the trunk of a car hood. Note: I am blind at this point. I Andre Murray now was pushed down hard on what I believe was the trunk of a car. I Andre Murray now then heard someone say Do you have anything sharp on you or in your pockets I said no I Andre Murray now felt hands frisking me. I heard a car door being opened and I was then pulled back and moved back and forward. I Andre Murray now heard the words step in. I Andre Murray now lifted my right leg and I felt someone pushed down and forward on my shoulder and my head hit what I believe to be the top edge of the door opening as I was pushed in the back set of the car. A door was shut behind me. I Andre Murray now righted myself in the back seat and squeezed my eyelids shut trying to limit the burning in my eyes. My nose was running and my whole face felt like it was burning. I heard a car door being opened and I was asked by who I believed to be constable Fox will you identify yourself? I Andre Murray now said nothing. I was asked by who I now believe to be Constable Fox do you have keys to lock up the house? and I said nothing, Who I Andre Murray now believe to be Constable Fox said fine and I then heard what I believe to be the car door being shut. Some time passed as I sat in the hard backseat of the Car, I do not know how long. At some point I heard someone get into the car and I could feel the car start to move and I assume pull ahead. I Andre Murray now heard who I now believe to be constable Fox say will you identify yourself? I Andre Murray now said nothing.

I heard who I now believe to be constable Fox say I know who you are Richard. If you had made it inside the house I would have torn the place apart to come in after you and get you. I tried to make it easy on you, I called you and talked to you a year ago and asked you to be a man and turn your self in, but you had to go the hard way. I Andre Murray now said why do you think I am someone you are looking for? I Andre Murray now heard who I now believe to be constable Fox say because you fit the description, long hair, beard, tattoos. I saw you before, do you remember when I came by and the girls were outside playing. I know who you are, or do you want to be called Richard editus, Richard voileau, Richard danielski and he said some more names I dont remember. I Andre Murray now said were you acting as a peace officer or a law enforcement officer? I Andre Murray now heard who I now believe to be constable Fox say both I Andre Murray now said did you see me breach the peace? I Andre Murray now heard who I now believe to be constable Fox say no I Andre Murray now asked did you see me break a law? I Andre Murray now heard who I now believe to be constable Fox say no, but I have a warrant for you. I Andre Murray now asked have you been a police person for long? I Andre Murray now heard who I now believe to be constable Fox say I have been working in Fredericton for six years and before that I was military police for four years. I I Andre Murray now asked when will I be able to flush this pepper spray out of my eyes. I I Andre Murray now heard who I now believe to be constable Fox say when we get to the station you will be able to wash out your eyes. I I Andre Murray now asked at that point of the driver of whom I was speaking What is your name? I Andre Murray now heard who I now believe to be constable Fox say Fox

I Andre Murray now asked What is the name of the second constable who assisted you? Constable Fox said Small I Andre Murray now asked about the female voice Who was the third constable? Constable Fox said Rideout. I Andre Murray now asked so that is Constable Fox, Constable Small and Constable Rideout? Constable Fox replied and said yes. I Andre Murray now asked Will I be able to get a business card for each of you? Constable Fox replied and said No the names are all you need. At this point the car stopped and I Andre Murray now heard Constable Fox make what I believe to be a call to the station and Fox called out some numbers and the car began to move again. Constable Fox exited the vehicle and closed the door. I Andre Murray now heard who I Andre Murray now believed to be Constable Fox say to some other people in what I Andre Murray now believed to be the police station, This guy tried to get away, he resisted arrest, but we got him. At some point the car door was opened, I Andre Murray now was told by who I now recognised by voice to be Constable Fox you will be led to a decontamination station to wash your eyes out when we get inside, now turn and put your right leg out of the car now your left Leg, stand up watch your headnow walk forward, . turn right .., turn left.turn rightStop. There is a washing station in front of you, lean foreword. I Andre Murray now could hear running splashing water and I leaned forward until I began to feel the water on my head and let the water run over my face and eyes. My hands were still hand cuffed so this was very awkward and uncomfortable to do. I Andre Murray now heard someone say Open your eyes to let the water rinse out the pepper spray I Andre Murray now let the water run over my face and into my eyes. At this point my nose was feeling completely filled with mucous and I said I need to blow my nose, do you have something I can blow my nose into?

I Andre Murray now was told by someone blow in this. A paper towel was placed in front of my face and blew my nose as best I could into a paper towel. I Andre Murray now put my face into the water again and continued to rinse it. I Andre Murray now was told by someone I will remove the hand cuffs so you can wash your eyes out. Be calm and do not give me any problems. I Andre Murray now asked and said I have been calm from the beginning. I Andre Murray now was told by someone turn around so I can remove the hand cuffs. I Andre Murray now turned around to face away from the speaker and I felt the hand cuffs being removed. Once the hand cuffs were removed I continued to wash my face now able to rub water all over my face and scrub the skin. I Andre Murray now asked can I please have some more paper towel so I can blow my nose? Someone handed me several paper towels. I Andre Murray now proceeded to blow my nose into the paper towel and I asked Do you have a garbage can where I can put this into? I Andre Murray now was told just drop it onto the floor. At this point with my eyes and surrounding skin still burning from the chemicals on my body I was told that is enough we will give you paper towel, wet it and dab your eyes with it to keep the burning down. I Andre Murray now was given several paper towels and I soaked them in the eye wash station. I Andre Murray now was told by a new voice please walk this way I Andre Murray now was then instructed to walk away from the wash station down a hall, I turned right and walked through a door and turned right again and I was instructed have a seat. I Andre Murray now sat down and was told by someone standing in front of me you are being recorded in this room, we need to process you. I am Sergeant Myers It appeared to me that Sergeant Myers was reading something from the wall behind me. I was asked Do you have any allergies we need to know about? I Andre Murray now replied No

Sergeant Myers then asked Do you have any health problems, asthma or anything? I Andre Murray now replied No Sergeant Myers now asked Are you on any medications Do you need any medications? I Andre Murray now replied No Sergeant Myers asked Do you have any any other health conditions we need to know about? I Andre Murray now replied No Sergeant Myers asked Have you have been read your rights? I Andre Murray now asked and said No I havent. Sergeant Myers looked to Constable Fox and said You havent read him his rights !? Constable Fox said He was not responding NOTE: CONSTABLE FOX IS LIEING AS HE NEVER ATTEMPTED TO READ ME ANYTHING! Sergeant Myers then said Ok then, we will read them to you now. Someone standing in front of me to my left began reading the rights to me and each time I Andre Murray now was asked Do you understand I Andre Murray now replied and said No Sergeant Myers then said say it in simple terms so he can understand Then the rights were said in more simple terms. After each statement when I was asked Do you understand? I Andre Murray then replied No I Andre Murray was then asked what do you not understand? I then replied All of it.

I Andre Murray now dabbed my eyes with the wet paper towel because they were still burning from the chemical pepper spray the arresting constables had caused to be sprayed into my face and eyes.. Sergeant Myers then said he must have some mental problems to not understand. I Andre Murray now asked Sergeant Myers from what I have said so far do you think I have any metal problems, to say yes means I agree with what you are saying and I do not. Furthermore I asked Am I obligated to understand? Sergeant Myers replied No. you are not obligated to understand Sergeant Myers then asked Will you identify yourself? I Andre Murray now asked Am I obligated to identify myself? Sergeant Myers said No. Sergeant Myers then said It will make this easer for you, if you do. You will be spending the night in a cell and you will see a judge in the morning. If you do not identify your self now, them the judge will be told you are not cooperating and we will bring you back here and hold you until we identify you. I Andre Murray now asked How you are going to identify me? Sergeant Myers then said We will check your fingerprints and if you have ever been arrested your finger prints will be in the system. We will document your tattoos. They are probably unique, not too many people have good luck tattooed on there fingers. Sergeant Myers said You have four arrest warrants, for destruction of private property, engaging in mischief, non appearance for a court hearing and not fulfilling some agreement. Sergeant Myers said You are now going to be charged with evading pursuit, resisting arrest obstruction of justice, I Andre Murray dabbed my eyes with the wet paper towel because they were burning more intensely from the pepper spray again. Sergeant Myers said You will remove your boots, belt, socks and your hair elastic before your next eye washing. I Andre Murray removed my belt, boots and socks.

I Andre Murray was handed paper disposable booties to wear on my feet which I then put on. Sergeant Myers asked Was he frisked? I Andre Murray heard Constable Fox say Yes. Sergeant Myers said Well then frisk him again. I Andre Murray was instructed to Stand up, turn around and hands against the wall. I Andre Murray stood up, turned around and put my hands on the wall and said My pants are really loose, if I do not hold them up they will be around my ankles, soon Someone held up the pants with one hand and patted me down with the other. I Andre Murray was then instructed to move down the hall to the wash station again. I Andre Murray attempted to wash my face thoroughly. I scrubbed my face and paid special attention to my eyebrows and eye lashes. My feet became very wet because at the time I was wearing disposable paper booties that the Police insisted I must wear.. I Andre Murray then asked What about the pepper spray in my hair? Do I need to wash my hair out? I Andre Murray was told if the pepper spray is dry then it will be fine and will not burn you. But when your hair gets wet again then it will run into your eyes. I Andre Murray continued to wash my face, eyes and flush my nose out. I Andre Murray was told that is good enough for now, your cell will have a sink in it and you can dab your eyes with wet paper towel as you need to. I was instructed to move back down the hall and have seat where I had been sitting previously. While sitting there I was told you will be able to speak to council, Please come this way. I was instructed to walk down a different hallway, to a small room. As I walked through the door I noticed a phone hanging on the wall to my right side, there was a chair in the middle of the room and a window in the right wall. Sergeant Myers then said The phone will ring and you will be able to speak to council,

If you have lied about anything then you will be charged with. (I do not remember the specific charge) I I Andre Murray then replied I have not lied. The phone on the wall rang and someone called out from down the hall and said Sareg wait a minute, we just got something in. Sergeant Myers said Just wait here and he closed the door. Sergeant Myers returned a few moments later and held a picture up in front of me. He asked Is this you? I Andre Murray then replied does that look like me? Sergeant Myers said I THOUGHT SO, FOLLOW ME. Sergeant Myers lead me out of the room and back down the hall and said Have a seat, You will be released without charge. My jacket, hat, boots, socks, belt, and hair elastic were produced. Sergeant Myers said If you sign this, we will release your things. I Andre Murray then replied Do I have to sign this? Sergeant Myers said No. I Andre Murray then replied said So I can have my things to leave with without signing that paper? Sergeant Myers said I already told you the answer. Sergeant Myers commented We are going to get this guy. I Andre Murray then replied said to Sergeant Myers I want the business card of the three constables that were involved with my arrest. Sergeant Myers replied I will write the names down for you. I Andre Murray then began putting on my personal clothing the jacket, boots, belt, and hat. I Andre Murray then asked What is the procedure to identify your self as a police person?

Sergeant Myers then replied and said There is no procedure? I repeated my question There is no written procedure for identifying someone as a police person? Sergeant Myers again replied and said No he further said Most reasonable people know that if someone drives up in a police car and is wearing a police uniform and say they are the police, then they are the police I Andre Murray then replied Someone can go to the costume store and rent a police uniform for Halloween and walk around saying they are the police. Sergeant Myers replied Yes they can, it all depends on intent, known as mens rea. As long as they are not attempting fraud then it is legal. I Andre Murray then stated I understand that the only people in Canada that are not able to be legally impersonated are the military. That is why I am asking about the police policies to properly identify you as police. I thought that it was police policy to show three pieces of identification, so as to properly identify you as Police. Sergeant Myers was looking agitated and replied Look I already told you, if a judge is looking at a case, and sees that under normal circumstances that any reasonable person would have identified the police as the police then that is enough. Sergeant Myers asked Do you want to be driven back to the house,? I Andre Murray then replied No, I will walk out of here. I Andre Murray then finished putting on my jacket, boots, belt, and hat. I Andre Murray then asked So which door am I leaving out of? Someone replied and said This door here. 1. The door was opened for me and I walked through it. I walked out the side door of the building and walked away. The time that I left the City of Fredericton Police Station on Queen Street was between 4:30pm 5:30pm. The point is, I could have been severely injured, crippled or even killed and in the end it was decide by there own evidence I was not the guy they were looking for. Even if I was the person they were looking for these alleged charges do not justify such treatment. This cannot be acceptable police conduct, behaviour or procedure.

Note: In hind sight I Andre Murray recall that after Constables Fox and Small (while my wrists where handcuffed) had physically lifted my body off the ground and furthermore suspended my body with my arms supporting my body weight as they carried me to the police car and furthermore did after I Andre Murray was recklessly pushed into the back seat of the police car ( striking my head on the way in) and was traveling to the station with Constable Fox as driver. He volunteered in a threatening tone with definite intention of being threatening did say as follows and I quote Constables Fox You are lucky you stopped when I ordered you to, because if you had gone into the house I would have torn the place apart coming in after you. I Andre Murray dont understand why he was volunteering these admissions to me Andre Murray on the way to the police station, but in Constables Fox s own words and I Andre Murray quote Constables Fox you are lucky you stopped when I ordered you to Note: This statement confirms that I Andre Murray had always been cooperative and the violent initial assault by Constable Fox and excessive force which followed the initial violent assault used by Constable Fox on my person was unnecessary as I was not and had never been resisting. I ANDRE MURRAY ON THE 3RD DAY OF MARCH, 2009 WHILE MINDING MY OWN BUSINESS AND FURTHERMORE WHILE ON MY LEASEHOLD PROPERTY AND FURTHERMORE WHILE I ANDRE MURRAY WAS MAINTAINING THE PEACE DID SUFFER AT THE HANDS OF THE CERTAIN MEMBERS OF THE CITY OF FREDERICTON POLICE DEPARTMENT: 2. 3. 4. 5. I Andre Murray was assaulted by Constable Fox. I Andre Murray was assaulted by Constable Small. Constable Small did participate in the use of force to arrest a Andre Murray. Constable Fox did initiate an arrest of Andre Murray without probable cause. 6. Constable Fox did while arresting innocent Andre Murray use excessive force. 7. Constable Fox did unlawfully detain one innocent Andre Murray. 8. Constable Fox acting outside the call of duty did physically assault innocent Andre Murray causing physical harm and injury to innocent Andre Murray.