Amended FTCA Administrative Claims IN RE: MIRIAM IRIS CAREY Claimant, -against? UNITED STATES OF UNITED STATES SECRET SERVICE and UNITED STATES CAPITOL POLICE Respondents To: Respondents? UNITED STATES OF UNITED STATES SECRET SERVICE and UNITED STATES CAPITOL POLICE United States of America c/o United States Department of Justice 900 Avenue NW Washington, DC 20530-0001 United States Department of Homeland Security c/o United States Secret Service Of?ce of the General Counsel Communications Center-LEG 245 Murray Lane, SW, Building T-5 Washington, DC 20223 United States Capitol Police Of?ce of the Chief Counsel 499 South Capitol Street, SW Washington, DC 20003 1. The Estate of Miriam Iris Carey by and through her personal representative Valarie Carey on behalf of decedent?s mother Idella Carey. 2. Idella Carey, the decedent?s mother and grandmother of minor grandchild EF, the decedent?s daughter. 3. EF, the minor child of decedent Miriam Iris Carey AMOUNTS OF CLAIMS Each claimant seeks $50,000,000.00 (Fifty milliOn dollars). The aggregate sum certain s0ught by all claimants is $1 $0,000,000.00 (One hundred-?fty milliOn dollars) BASIS OF CLAIMS 1. These claims for the wrongful death of decedent Miriam Iris Carey arise under the Federal Tort Claims Act (28 U.S.C. 2401(b), 2674, 2675(a), 2679, and 2680(h)); the Wrongful Death Act of the District of Columbia (DC. Code ?l6 270i et seq.); the Fourth Amendment (Unlawful Search of the Person, Unlawful Search of Property, Unlawful Seizure of Person, Excessive Force, Unlawful Seizure of Property); Fifth Amendment (Due Process and Equal Liberty) and other related local and commOn law claims. 2. The claims arise from the numerous intentional, grossly negligent and reckless actions of the unidenti?ed aggressive Caucasian Male, police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division and United States Capitol Police, their collective actions caused the ?avoidable? wrongful death of decedent Miriam Iris Carey. 3. The decedent Miriam Iris Carey was born from the loving union of Leon Faules (deceased 1987) and Idella Carey on August 12, 1979 in Brooklyn, N.Y., the fourth of their ?ve daughters. 4. Mother, Daughter, Sister and Friend, decedent Miriamlris Carey held an important place in the lives of many. 5. Decedent Miriam Iris Carey grew up in East New York, Brooklyn, where she learned to face life?s challenges with a spirit of self-determination. 6. Decedent Miriam Iris Care-y was an achiever who consistently sought to reach her life goals. 7. Decedent Miriam lris Carey had a passion for cooking and loved life. 8. Decedent Miriam Iris Carey?s greatestjoy was spending time with her minor child EF, as well as family and friends. 9. Decedent Miriam lris Carey, RDH, was a liCensed dental hygienist. 10. Decedent Miriam lris Carey graduated from Brooklyn College with a Bachelor?s of Science Degree in Health and Nutrition Services. 1 l. Decedent Miriam Iris Carey aspired to teach others in the ?eld of dentistry. 12. At the time of decedent Miriam Iris Carey?s death, 34, her minor child Mother ldella Carey and Sisters Franchette R. Carey, Valarie Carey, Amy M. Carey-Jones, Andrea D. Carey and Cordelia Denise Jones-Hayden; Brother Kenneth Leon Jones and a host of other family members and friends survived her. AMENDED ALLEGED FACTS OF THE CLAIMS1 13. Decedent Miriam Iris Carey was traveling in her 2010 In?niti G37XS Coupe, vicinity of 15th Street NW and Street NW, located next to President?s Park, one of the White House Complex gate entrances. 14. Decedent Miriam Iris Carey was legally operating the vehicle, her minor child EF was seated in a child safety seat in the rear of the vehicle. 15. According to the Application for A Search Warrant, ?led in the United States 1 This administrative claim details information available at the time of ?ling. Claimants? reserve the right to amend this administrative claim for consideration during the presentment and investigation phase to the United States of America; United States Secret Service Uniform Division and United States Capitol Police based upon newly discovered facts. District Court for the District of Columbia dated October 4, 2013, decedent Miriam Iris Carey entered the aforementioned area approximately 2:18 P.M. According to the Press Release issued by the United States Attorney?s Of?ce for the District of Columbia dated July 10, 2014, Decedent Miriam Iris Carey entered the aforementioned area approximately 2213 P.M. 16. The actual timeline and other facts throughout this matter are open questions. The actual timeline and other facts will be if the claims are not adjusted, once a federal complaint is ?led and discovery commences. 17. Claimants? allege decedent Miriam Iris Carey being unfamiliar with the area, mistakenly drove past the ?rst guard post at the White House Complex gate entrance because the. entrance was negligently maintained, covered and supervised by police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division. 18. Claimants? allege decedent Miriam Iris Carey committed no crime, as mistakenly entering the White House Complex is not violative of any federal or District of Columbia statute. 19. Claimants? allege if decedent Miriam Iris Carey lived, the United States Secret Service Uniform Division would have presumably asserted with the unfettered support ofthe United States Attorney?s Of?ce for the District of Columbia, specious baseless legal claims she violated 22-3302(b) Unlawful entry on property. 20. Claimants? allege the problem is decedent Miriam Iris Carey did not have the requisite mens rea to violate this section of the law, as an objective analysis of her actions indicated she never intentionally entered the White House Complex then ?refuse to quit the same on the demand of the lawful occupant or his agent? within the meaning of the statute. 21. Claimants? allege there is nothing in the Application for A Search Warrant, ?led in the United States District Court for the District of Columbia dated October 4, 2013, or the Press Release issued by the United States Attorney?s Of?ce for the District of Columbia dated July 10, 2014, that indicates decedent Miriam Iris Carey entered the White House Complex then ?refuse to quit the same on the demand of the lawful occupant or his agent;? therefore, there was NO PROBABLE CAUSE decedent Miriam Iris Carey violated 22? 3302(b), much less convict her BEYOND A REASONABLE DOUBT. 22. Claimants? allege it is important to note, after the original federal tort claims were ?led, on May 7, 2014, Mathew E. Goldstein, a Caucasian Male, was accused of violating when he drove directly behind a presidential motorcade through the White House Complex gate at the intersection of 17th Street NW and Avenue NW. 23. Claimants? allege despite Mathew E. Goldstein?s alleged transgression, he was not aggressively pursued and ?red upon by police of?cers, supervisors and managers of the United States Secret Service Uniform Division. 24. Claimants? allege the aforementioned further supports their theory the gates surrounding the White House Complex are negligently maintained, covered and supervised by police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division. 25. Claimants? allege mistaken entries occurred in the past and will continue to occur because the White House COmplex gates are negligently maintained, covered and supervised by police officers, supervisors and managers assigned to the United States Secret Service Uniform Division. 26. Claimants? allege after realizing her innocent mistake, decedent Miriam Iris Carey made a U-turn to leave the area heading a short distance eastbound on Street NW back towards 15th Street NW. 27. Claimants? allege for some inexplicable reason, instead of simply allowing decedent Miriam lris Carey to leave the area, an unidenti?ed aggressive Caucasian Male in dark clothed civilian attire, without provocation or legal justi?cation, intentionally, negligently and recklessly grabbed a metal police barrier and threw himself in front of her vehicle. 28. Claimants? allege this unidenti?ed aggressive Caucasian Male has a cooler in his left hand. 29. Claimants? allege according to the Press Release, this unidenti?ed aggressive Caucasian Male is an off-duty United States Secret Service of?cer. 30. Claimants? allege decedent Miriam Iris Carey simply panicked, then tried to avoid this unidenti?ed aggressive Caucasian Male by using evasive action going around him, but since the area is con?ned, he made contact with her vehicle. 31. Claimants? allege decedent Miriam Iris Carey had committed no crime, thus the police had no legal basis to stop her or use any amount of physical force against her. 32. Claimants? allege this unidenti?ed aggressive Caucasian Male?s actions damaged her vehicle, more importantly, completely startled her, which endangered her safety as well as Claimant No.: 3, her minor child EF and public. 33. Claimants? allege after this unidenti?ed aggressive Caucasian Male made contact with her vehicle, she continued driving through the White House Complex gate to protect herself and Claimant No.: 3, her minor child EF headed eastbound on Avenue NW. 34. Claimants? allege now completely agitated, the unidenti?ed aggressive Caucasian Male wanted to ?make that bitch pay? so he along with on-duty police officers, supervisors and managers in government motor vehicles began to pursue decedent Miriam Iris Carey and Claimant No.: 3, her minor child EF at high speeds endangering their lives and the public. 35. Claimants? allege this unidenti?ed aggressive Caucasian Male with the intent to ?make that bitch pay? he, other police of?cers, supervisors and managers inconsistent with their police training, failed to terminate pursuing decedent Miriam Iris Carey and Claimant No.: 3, her minor child EF. 36. Claimants? allege the risk to them, the public, the police of?cers, supervisors and managers outweighed the bene?t of investigating a harmless mistaken entrance through the White House Complex gate. 37. Claimants? allege the United States Secret Service Uniform Division Executive Police Management along with radio dispatchers, inconsistent with their police training, failed to order this unidenti?ed aggressive Caucasian Male, police of?cers, supervisors and managers immediately to terminate pursuing decedent Miriam Iris Carey and Claimant No.: 3, her minor child EF. - 38. Claimants? allege the risk to them, the public, the police officers, supervisors and managers outweighed the bene?t of investigating a harmless mistaken entrance through the White House Complex gate. 39. Claimants? allege in complete fear for she and Claimant No.: 3, her minor child safety, decedent Miriam Iris Carey continued traveling eastbound on Avenue NW, then at the corner of 3rd Street SW, made a right heading southbound on 3rd Street SW, still pursued by the unidenti?ed aggressive Caucasian Male, police of?cers, supervisors and managers in government motor vehicles. 40. Claimants? allege both the United States Secret Service Uniformed Division and the United States Capitol Police engaged pursuing decedent Miriam Iris Carey?s vehicle. 41. Claimants? allege at the corner of Maryland Avenue SW, decedent Miriam iris Carey made a left turn heading eastbound on Maryland Avenue SW and struck a curb near 10 Maryland Avenue SW near the James A. Gar?eld Memorial after being forced over by the unidenti?ed aggressive Caucasian Male, police of?cers, supervisors and managers in government motor vehicles. 42. Claimants? allege the unidenti?ed aggressive Caucasian Male along with police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division and the United States Capitol Police surrounded decedent Miriam Iris Carey?s vehicle. 43. Claimants? allege the immediate area moderately populated with vehicular and pedestrian traf?c. 44. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers on foot approached decedent Miriam Iris Carey? 5 vehicle with their service weapons drawn, pointed in the ready position to be ?red. 45. Claimants? allege the unidenti?ed aggressive Caucasian Male ?rst placed himself at a tactical disadvantage by standing directly in front of decedent Miriam Iris Carey?s vehicle. 46. Claimants? allege the unidenti?ed aggressive Caucasian Male then circled around approaching decedent Miriam Iris Carey?s driver side, where he had a clear, unobstructed view of the interior. 47. Claimants? allege the senior police of?cers, supervisors and managers never established ?rearms control consistent with their police training. 48. Claimants? allege decedent Miriam Iris Carey noticed these police of?cers, supervisors and managers approaching with their service weapons drawn, pointed in the ready position to be ?red, in an attempt to protect herself and Claimant No.2 3, her minor child EF, panicked placing her vehicle in reverse accidentally striking a marked police vehicle. 49. Claimants? allege the aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police without establishing ?rearms control or legal justi?cation, inconsistent with their police training discharged their service weapons at decedent Miriam Iris Carey?s moving vehicle. 50. Claimants? allege the aggressive Caucasian Male along with other police of?cers, supervisors and managers several discharged rounds entered decedent Miriam lris Carey?s vehicle striking her head to the left side, back of the head, back and left arm. 5 l. Claimants? allege the aggressive Caucasian Male along with other police of?cers, supervisors and managers mortally wounding her. 52. Claimants? allege as supported by the Autopsy Report dated October 4, 2013, prepared by the Government of the District of Columbia, Of?ce of the Chief Medical Examiner, a number of discharged rounds entered decedent Miriam Iris Carey?s body from back to front indicating she was moving away and not a danger to anyone. 53. Claimants? allege the unidenti?ed aggressive Caucasian Male along with the other police of?cers, supervisors and managers will claim they discharged their service weapons to protect other officers; however, such a specious argument would be in direct cOnflict with their police training and applicable law, as you cannot create your own 10 justi?cation using poor tactics. 54. Claimants? allege decedent Miriam Iris Carey experienced severe shock and substantial pain throughout her body. 55. Claimants? allege Claimant No.: 3, sustained severe emotional distress. 56. Claimants? allege at the time of the ?rearm discharges, the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police already knew decedent Miriam Iris Carey was UNARMED. 57. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police already knew decedent Miriam Iris Carey?s vehicle was not considered a DEADLY WEAPON consistent with their police training nor was it used as a deadly instrument. 58. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police already knew decedent Miriam Iris Carey did not use any ?rearm or other form of deadly physical force against them or others before they discharged their service weapons towards her. 59. Claimants? allege at the time of the ?rearm discharges, the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police already knew decedent Miriam Iris Carey had committed no crime or violation of any other law. 60. Claimants? allege at the time of the ?rearm discharges, the unidenti?ed 11 aggressive Caucasian Male along with other police of?cers, supervisors-and managers from the United States Secret Service Uniformed Division and United States Capitol Police already knew Claimant No.: 3, decedent Miriam Iris Carey?s minor child EF was in the rear passenger area of the vehicle but ?red anyway. 61. Claimants? allege despite having actual and/or constructive knowledge as indicated in Allegation Nos.: 1 through 60, the aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and United States Capitol Police discharged their ?rearms anyway endangering decedent Miriam Iris Carey, Claimant No.: 3, her minor child EF and the public. 62. Claimants? allege the ?rearms discharge occurred as decedent Miriam Iris Carey headed eastbound on Maryland Avenue SW towards the James A. Gar?eld Memorial, then northbound on 1st Street NW past the Peace Circle. 63. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police continued to pursue now mortally wounded decedent Miriam Iris Carey in government motor vehicles. 64. Claimants? allege despite sustaining a mortal wound, decedent Miriam Iris Carey continued traveling northbound on 1st Street NW, then at the corner of Constitution Avenue NW, made a right heading eastbound on Constitution Avenue NW, still pursued by the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police in government motor vehicles. 65. Claimants? allege decedent Miriam Iris Carey stopped her vehicle near the 12 corner of 2nd Street NE and Constitution Avenue NE. 66. Claimants? allege decedent Miriam Iris Carey panicked abruptly turning left over'a median, quickly reversing her vehicle where the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police without establishing ?rearms control and legal justi?cation discharged their service weapons towards her vehicle. 67. Claimants? allege decedent Miriam I . Carey sustained numerous injuries about her body, further shock, substantial pain and damage to her vehicle 68. Claimants? allege decedent Miriam Iris Carey was removed from vehicle alive. 69. I Claimants? allege Claimant No.2 3, decedent Miriam Iris Carey?s minor child EF was not physically injured but, sustained severe emotional distress. 70. Claimants? allege decedent Miriam Iris Carey was transported to Medstar Washington Hospital Center where she was pronounced dead by Dr. Christine Trankiem. 71. Claimants? allege decedent Miriam Iris Carey was later transported to the Of?ce of the Chief Medical Examiner for an autopsy. 72. Claimants? allege decedent Miriam Iris Carey clothes were not secured and vouchered in accordance with United States Secret Service Uniform Division and United States Capitol Police policies with the intent to cover-up the criminal conduct and civil rights violations of the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police against her. 73. Claimant ldella Carey, decedent Miriam lris Carey?s mother, as well as Sisters Franchette R. Carey, Valarie Carey, Amy M. Carey-J ones, Andrea D. Carey and Cordelia 13 Denise Jones-Hayden; Brother Kenneth Leon Jones and a host of other family members and friends viewed some or all parts of this very public shooting that was broadcasted live over the television airwaves. I 74. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police intentionally leaked false and misleading information about decedent Miriam Iris Carey. 75. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police intentionally misled the public falsely claiming through ?anonymous leaks sources? decedent Miriam Iris Carey was mentally disturbed, using medications. 76. Claimants? allege they already knew based upon the Toxicology Report that was untrue. 77. Claimants? allege the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers from the United States Secret Service Uniformed Division and the United States Capitol Police engaged in the aforementioned with the intent to cover-up their criminal conduct and violations of her civil rights. 78. Other than questioning Claimant Idella Carey, decedent Miriam Iris Carey?s mother, as well as Sisters Franchette R. Carey, Valarie Carey, Amy M. Carey?Jones, Andrea D. Carey and Cordelia Denise Jones-Hayden; Brother Kenneth Leon Jones and a host of other family members by the Federal Bureau of Investigation and the United States Secret Service about decedent Miriam Iris Carey?s personal activities, not one member of the United States 14 Secret Service Uniform Division or the United States Capitol Police noti?ed them of her death consistent with department policies. 79. Claimants? allege because of the intentional, negligent and reckless actions of the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division and United States Capitol Police, they collectively caused the ?avoidable? death of decedent Miriam Iris Carey. 80. Claimants? allege because of the intentional, negligent and reckless actions of the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division and United States Capitol Police they sustained substantial damages. PRAYER FOR RELIEF Claimants? pray the United States of America; United States Seeret Service Uniform Division and United States Capitol Police will: Conduct a full and comprehensive investigation into the claims; 82. Determine there is substantial competent evidence to support claims presented herein; 83. Determine the intentional, negligent and reckless actions of the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers assigned to the United States Secret Service Uniform Division and United States Capitol Police were acting within the scope of their employment; 84. Determine as a result of the intentional, negligent and reckless actions of the unidenti?ed aggressive Caucasian Male along with other police of?cers, supervisors and managers assigned to the United States Secret Service Uniform 15 Division and United States Capitol Police, they collectively caused the ?avoidable? death of decedent Miriam lris Carey, therefore, such wrongful actions are imputed to the United States of America; and 85. Determine the United States of America is liable for the ?avoidable? death of decedent Miriam Iris Carey and immediately pay all compensatory damages to the claimants. Dated: August 19, 2014 New York, NY Respectfl sub itted, Eric Sanders, Esq. THE SANDERS FIRM, P.C. 1140 Avenue of the Americas, 9th Floor New York, NY 10036 (844) 839-8077 (Business Telephone) (844) 205-7214 (Facsimile) Website: 16 EXHIBIT 1 8/19/2014 DC Code - 22-3302. Unlawful entry on property. Code of the District of Columbia (Unof?cial) You Are Here - Code ofthe District of Columbia - 9 Title 22. Criminal Offenses and Penalties - gzhapter 33. Trespass; Injuries to Property - -22-33o2. Unlawful entry on property. Previous Section 22-3301. Forcible entry and detainer. Next Section 22-3303. Grave robbery; buying or selling dead bodies. Current as December 13, 2013 and through D.C. Act 20-210 (except D.C. Acts 20-130, 20-157, and 20-204) 22-3302. Unlawful entry on property. (1) Any person who, without lawful authority, shall enter, or attempt to enter, any private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or ofthe person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand ofthe lawful occupant, or ofthe person lawfully in charge thereof, shall be deemed guilty ofa misdemeanor, and on conviction thereof shall be punished by a ?ne of not more than the amount set forth in 223521.01, imprisonment for not more than 180 day s, or both. The presence ofa person in any private dwelling, building, or other property that is otherwise vacant and boarded-up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property. (2) For the purposes ofthis subsection, the term "private dwelling" includes a privately owned house, apartment, condominium, or any building used as living quarters, or cooperative or public housing, as de?ned in section 3(1) of the United States Housing Act of 1937, approved August 22, 1 974 (88 Stat. 654; 42 U.S.C. 1437a(b)), the development or administration ofwhich is assisted by the Department of Housing and Urban Development, or housing that is owned, operated, or ?nancially assisted by the District of Columbia Housing Authority. Any person who, without lawful authority, shall enter, or attempt to enter, any public building, or other property, or part of such building, or other property, against the will of the lawful occupant or ofthe person lawfully in charge thereof or his or her agent, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand ofthe lawful occupant, or ofthe person lawfully in charge thereof or his or her agent, shall be deemed guilty ofa misdemeanor, and on conviction thereof shall be punished by a ?ne of not more than the amount set forth in 22-3 52 1.01, imprisonment for not more than 6 months, or both. 1/3 8/19/2014 DC Code - ?22-3302. Unlawful entry on property. History (Mar. 3, 1901, 31 Stat. 1324, ch. 854, ?824; Mar. 4, 1935, 49 Stat. 37, ch. 23;July 17, 1952, 66 Star. 266, ch. 941, ?1;Apr. 24, 2007, DC. Law 16?306, 219, 53 Dec. 10, 2009, DC. Law 18-88 ?215, 56 DCR 7413; June 11, 2013, DC. Law 19-312, 201(h), 60 DCR2064.) Cross References Burglary, see 22-801. Public lands, trespass, damage to, and removal of property, federal crimes and offenses, see 18 U.S.C. 1851 et seq. Section References This section is referenced in 2 3-531. Prior Codifications 1981 Ed, 22?3102. 1973 Ed., 22?3102. Effect of Am en dm ents DC. Law 16-3 06 inserted: 'The presence of a person in any private dwelling, building, or other property that is otherwise vacant and boarded?up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing Sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property." D.C. Law 1 8?88 rewrote the section, which had read as follows: "Any person who, without lawful authority, shall enter, or attempt to enter, any public or private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof, shall be deem ed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $1 00 or imprisonment in the Jail for not more than 6 months, or both, in the discretion ofthe court. The presence ofa person in any private dwelling, building, or other property that is otherwise vacant and boarded-up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has enter ed against the will of the person in legal possession of the property The 2013 amendment by DC. Law 19?312 substituted "not more than the amount set forth in 22-3 521 .01 for "not more than $1,000" in and Emergency Legislation For temporary (90 day) amendment of section, see 7(a) of the Sentencing Reform Congressional Review Emergency Amendment Act of2001 (D.C. Act 13-462, October 25, 2000, 47 DCR 9443). For temporary (90 day) amendment of section, see 21 9 of Omnibus Public Safety Emergency Amendment Act of 2006 (DC. Act 16-445, July 19, 2006, 53 DCR 6443). For temporary (90 day) amendment of section, see 21 9 of Omnibus Public Safety Congressional Review 2/3 8/19/2014 DC Code 22-3302. Unlawful entryon property. Emergency Amendment Act of2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686). For temporary (90 day) amendment of section, see 219 0f0mnibus Public Safety Congressional Review Emergency Amendment Act of2007 (D.C. Act 17?10, January 16, 2007,54 DCR1479). For temporary (90 day) amendment of section, see 21 9 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of2007 (D.C. Act 17-25, April 19, 2007, 54 DCR4036). For temporary (90 day) amendment ofsection, see 215 of Omnibus Public Safety and Justice Emergency Amendment Act of2009 (D.C. Act 18?181, August 6, 2009, 56 DCR6903). For temporary (90 day) amendment of section, see 215 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of2009 (D.C. Act 18-2 27, October 21, 2009, 56 DCR 8668). For temporary (90 days) amendment ofthis section, see 201 ofthe Criminal Fine Proportionality Emergency Act of2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Legislative History of Law 1 6-306 Law 1 6?306, the "Omnibus Public Safety Amendment Act of2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on ?rst and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 1 6-482 and transmitted to both Houses of Congress for its review. D.C. Law 1 6-3 06 became effective on April 24, 2007. Legislative History of Law 18-88 For Law 18-88, see notes following 22-402. Legislative History of Law 1 93 1 7 See note to? 22-3301. Editor's Notes Applicability of DC. Law 19131 2: Section 401 of D.C. Law 19-312 provided that the act shall apply only to offenses committed on or after June 11 2013. This is a fast, unof?cial interface to the Unof?cial DC Code by openlawdc. See a problem? Report an issue. Search provided by Swiftype. lsimpIe/secti 0ns/22- 3302. EXHIBIT 2 A0 106%. 0609) Ap?ieariauforeSw'eh Wm . UNITED STATES DISTRICT COURT Descrip?ormearchand SaizuI'eWarrant Vehicie Weather No: am APPLICATION FOR A SEARCH WARRANT I I, a federal law enforcement of?cer or an for thegovemmem, requestasearch warrant and state under penalty ofperjury?zatl havereason robelieve thatonthe mic buweluedmgz?ve relocationJm 2610 Nissan In?ri?. black in coior, Conneriwt License No. 323-YNS Vehide Identi?cation for-?re District of Cohmbia In the Matter ofthe Search of Case 1:13-mj-7u - Ass?gnedroz 2010 Nissaan Assume Date: 101412013 Iocated inthe . District of ,?mre'snowconeealedmrhe I amended Meteorhu?e! fragments; vehicle ownership paperwork; maps, documents. andror phohgfaphsof, or abohoiordrugs (legaloriuegai); andforevideaee ofa mehaniraimal?mc?on orlaek - ?rehasis fordwseerch under Fed. R. Grim. P. 41(0) is mane arm): devideneeofaerime; . contraband, fruits of crime, mother items illegally possessed; property designed for use, intended for use, or used in cumming a crime; a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of. Code Section cgfense Description 18 1.3.8.0. 242 Depmahqn of Rights Under or of Law The appiica?on is based'on these facts: - SeamledAf?daviun Contiwed on the attached sheet. I . E3 Delayed notice of days (give exact ending date if more than 30 days: is requested under :8 3!033,the basis ofwhieh is set forthon the attached sheet. r, Applicants? FelldaLudaaLTJ?PD . Swomto befuremeandsigrredin my presence. 4 . - W, 4292?. HE . - Judge} Washington, Dc. Debbrah?h. Robinson, United States MW Judge Pmred me am? We United States District Court For the District Of Columbia Case 1: 134"?? Assigned to: MagistmbeJudgeDeborthRobinson Assigned Date: 10502913 Search and Setters Warrant FOR THE ENTIRE VEHICLE. INFINITY, 637XS. VEHICLE NUMBER (VIM) JN1CV6EL413M261683, CONNECTICUT LICENSE 323-YNS. THE VEHICLE IS DESCRIBED AS A TWO (2) DOOR, BLACK COLORED, 2010 NISSAN LT. 35% Your affiant is a sham member ofthe Metropolitan Police Department, assigned to the lnternat Affairs Bureau (IAB), internal Affairs Division and has been so employed for more than (19). nineteen years. Your afhant is currently assigned to the internal Affairs Division (IAD). Your af?ant has investigated a variety of criminat offenses. She has arrested and assisted in arresting numerous subjects for various ofienses. and assisted with the preparation and execution of numerous search warrants. Egg; REPORT: 0n 'i?l'tursday. October 3, 2013. Detectives of the Metropolitan Police - Department's lime-mat Affairs Division, became involved in the investigation of a. police involved shooting.? . This iricident beganon Thursday, October 3, 2013, at approximato 2:18 pm. at avel'u'cte checkpoint totheWhite House. located at 15?h and Street. Northwest. Washington. no. Members of the United States Secret Service, Uniformed Division, (hereinafter; UD). encountered the aforementioned vehicle at 15"1 and Streets Northwest, Washington D. C.. The suspect vehicle was being operated by a black female (hereinafter. "Decederm. Decadent refused to stop at the vehicle checkpoint and made a U?turn and began to?ee in the vehicte. .A of?cer attempted to block the vehicle with a bicycle tacit. however. the vehicle pushed over the bicycle rack. knocking the of?cer to the ground. Of?cers from the initiated a pursuit of the suspect vehicle. Decadent was observed operating the vehicle-erratically. violating several District of Columbia traf?c regulations. Decadent entered? a traf?c circle against the ?ow of traf?c and drove onto a curb in front of #10 Maryland Avenue. Southwest, Washington DC. The suspect vehicle was immediately surrounded by of?cers from the and United States Capitol Police (hereinafter, Decadent then drove the suspect vehicle in- reverse. suiting a poise vehicle. Members from and USCP then discharged their service weapons at the vehicle. Decadent then drove the suspect vehicle off the curb, traveling northbound on First Street, Northeast and then eastbotmd in the 100 block of Constitution Avenue, Northeast. Washington, Dc. Of?cers from uses-co and use:D pmsued the suspect vehicle to Street and Constitution Avenue. Northeast where Decedent stopped suspect vehicle abruptly, and then 1 turned left and drove over a median strip. ,Becedent then drove in reverse in the 200 block of Maryland Avenue, Northeast, where Decadent again refused to stop. At this point, officers from both and user? fired several rounds into the suspect vehicle, striking Decadent. The vehicle came to rest on the median area directly behind the guard's booth On the United States Capitol grounds. Decadent, along with an uninjured child, were removed from the vehicle. Decedent was transported to the Washington Hospital Center where she was pronounced dead by Dr. Christine Trankiem of the medical staff. Decedent?s remains were transported to the Of?ce of the Chief Medical Examiner for the District of Columbia pending an autopsy. The suspect vehicle was recovered as evidence. and has remained in police custody. Based on the above facts and circumstances, your atiiant believes that the vehicle described above is of evidentiary value and may contain physical evidence such as expended bullets or'b'uiiet fragments ?red by the of?cers; vehicle ownership paperwork; maps, documents. andlor photographs of. or portaining to. the White House; alcohol or drugs {legal or illegal); andfor evidence of a mechanical malfunction or lack thereof may be inside the suspect vehicle. . Your af?ant respectfully requests'that a District Court Search Warrant be issued for the entire vehicle known as a 2018 Nissan in?niti G37XS, Cannecticut License 323-YNS. ides once-J . Af?ant United 5 tea Attorney i I Bel - 4 2013 Subscrib cm to before me this day of 2913 Ma?gcig?ate 7 United States District Court Rijgi?bt??; masters:er 3.595% EXHIBIT 3 Government of the District of Columbia Of?ce of the Chief Medical Examiner AUTOPSY REPORT "3 CASE NUMBER: 13-62470 NAME OF DECEDENT: MIRIAM CAREY AGE: YEARS RACEIETH: OTHER GENDER: FEMALE DATE OF DEATH: OCTOBER 3, 2013 AUTOPSY DATE: OCTOBER 4, 2013 PERFORMED BY: NIKKI MOURTZINOS, 0.0. FINAL DIAGNOSES l. Multiple Gunshot Wounds ll. Scattered abrasions, neck, torso, and upper extremities Scattered contusions, neck, torso, left hand, and lower extremities N. Lacerations, right arm and left hand V. Negative post?mortem toxicological examination: See OCME Toxicology Report. CAUSE OF DEATH: MULTIPLE GUNSHOT WOUNDS MANNER OF DEATH: HOMICIDE 13432470 Page 2 of 8 MIRIAM IRIS CAREY PRESENT AT AUTOPSY Officer Tina Ramadan and Agent James King of the Metropolitan Police Department were present at the autopsy. Also present at autOpsy was Inspector Alfonso M. Dyson of the United States Secret Service and Sergeant Mark Shutters, an Investigator for the Office of Professional Responsibility of the United States Capitol Police. RELEASED Projectiles: Pulled Hair: Combed Clothing: Blood Patch: Bags from Hands: Sex Kit: Ligature: Other: LABORATORY PROCEDURES Toxicology: Photo: DNA Cards: X-ray: Dental: Fingerprints: Bacteriology: Microscopy: Virology: EXTERNAL EXAMINATION The body is that of a well-developed, wen-nourished, adult female, measuring 65% inches tall and weighing 138 lbs. She appears compatible with the stated age of 34 years. Injuries to the body are noted and will be described below. Debris, including glass fragments and grass, are present on the body. Dried blood is present on the face, torso and the upper extremities. Rigor mortis is fully developed in the extremities, jaw, and neck. Livor mortis is found on the posterior surfaces of the body except in areas .exposed?to' pressure. The deceased has long, black and wavy scalp hair averaging 17" in length. The irides are brown. The comeae are clear. The conjunctivae are pale and show no petechial hemorrhages. The sclerae are white. Dried blood is presg?ent-Iwithin? the nares and the external auditory canals. The mouth contains naturalteeth that are in good condition. The neck and chest are symmetrical. The abdomen is ?at. The external genitalia are those of a normal adult female. A sanitary napkin overlies the external genitalia. There 13?02470 Page 3 of 8 IRIS CAREY is asymmetry of the left arm due to injuries that will be described below. The remaining extremities are symmetrical and without obvious deformities. An identi?cation band issued by the District of Columbia Of?ce of the Chief Medical Examiner (DC OCME) bearing the name and the Case #13-02470 is around the decedent?s left ankle and left great toe. Hospital identification bands encircle the right ankle and left great toe. CLOTHING The body is received unclad. No clothing accompanies the body. SCARSITATTOOSIMARKINGS Tattoos are not visualized. A 5/8? scar is on the posterior aSpect of the right ankle. A ?t1 4? 3/8? hyperpigmented patch of skin is on the posterior aspect of the left thigh. MEDICAL THERAPY An endotracheal tube emerges from the mouth. An intraosseous catheter is inserted into the left shin. lntravascular access catheters are in the right subclavian region, the left inguinal region, and the right antecubital fossa. Electrocardiograph pads are on the chest, the left side of the abdomen, the arms, and the legs. A sitastic sheet dressing is on the right chest. A thoracotomy incision is on the ieft side of the chest, displaying sutures and staptes, and located at the level of the left 5th intercostat space. A chest tube with associated thoracotomy incision is inserted into the right chest at the level of the 7th intercostal space. internal examination also reveals a previously incised pericardial sac due to medical intervention. DESCRIPTION OF INJURY The gunshot wounds are numbered for the purpose of description only and do not imply a wound sequence. Projectiles recovered are left in the custody of the Metropolitan Police Department. GUNSHOT WOUND OF THE HEAD (GSW 1) There is an entrance gunshot wound of the left side of the head, located 4%??below the top of the head and 4? left of the posterior midline (along the convexity of the head). The entrance gunshot wound measures 3/8? and displays an eccentric ring of 13?02470 Page 4 of 8 MIRIAM IRIS CAREY abrasion measuring up to at the 6 o?clock position. There is no soot or gunpowder stippling on the surrounding skin. The hemorrhagic wound path injures the left I temporal scalp, the left temporal. bone of the skull (internal beveling), the .dura, the left temporal lobe of the brain, the left cerebellar hemisphere, the pontomedullary junction of the brainstem, the right cerebellar hemisphere, the right temporal lobe of the brain, the dura, and the right temporal bone at the base of the skull from where a deformed bullet and bullet fragments are recovered. Bullet fragments are also recovered along the wound path (cerebellum). Associated injuries include a 5? 3? hemorrhage of the parietal scalp, a 372? hemorrhage of the left temporal scalp, a hemorrhage of the right temporal scalp, a 1? hemorrhage of the posterior parietal/occipital scalp, subgaleal hemorrhage of the occipital and bilateral temporo? parietal regions, mild subarachnoid hemorrhage of the right cerebral convexity, hemorrhage of the right temporalis muscle, extensive comminuted fractures of the calvarium and base of the skull, including bilateral orbital plates, and marked fragmentation of the cerebellum and medulla oblongata. There is a contusion of the outer canthus of the left and a 1/2? contusion of the inner canthus of the left eye. There is a 2? 1? contusion of the right upper eyelid. The gunshot wound is directed from left to right and back to front with minimal upward/downward deviation. GUNSHOT WOUND OF THE BACK (GSW 2) There is an entrance gunshot wound of the left upper back located below the top of the head and left of the posterior midline (along the contours of the body). The entrance gunshot wound measures 5/8? and displays an eccentric ring of abrasion measuring up to 1/8? at the 7 o?clock position. A 518? curvilinear abrasion extends outward from the entrance gunshot wound at the 11 o?clock position. There is no soot or gunpowder stippiing on the surrounding skin. The hemorrhagic wound path sequentially injures the skin, soft tissue, and musculature of the left upper back, the soft tissue andmusculature of the posterior neck, the right transverse process of C5 (with fracture), and the musculature, soft tissue, and skin from the right lower cheek where a 3/8? lacerated exit gunshot wound is located 7? below the top of the head and 3 5/8? right of the anterior midline (along the convexity of the head). A 1? faint contusion encircles the exit gunshot wound. No bullets or bullet fragments are recovered along the wound path. Associated injuries include a 1? contusion of the upper back that overlies the wound path of the bullet. There is no underlw'ng injury to the spinal cord or the major vessels of the neck. . The gunshot wound is directed from back to front, left to right, and upward. 13?02470 Page 5 of 8 MIRIAM IRIS CAREY GUNSHOT WOUND OF THE BACK (GSW 3) There is an entrance gunshot wound of the right upper back, located 9 3/16? below the top of the head and right of the posterior midline (along the contours of the body). The entrance gunshot wound measures 518? 3l8? and displays an eccentric ring of abrasion measuring up to 118? at the 8 o?clock position. Several abrasions, ranging in measurement from less than 1/16? to 3/16?, surround the entrance gunshot wound (pseudostippling). There is no soot or gunpowder stippling on the surrounding skin. The hemorrhagic wound path sequentially injures the skin, soft tissue and musculature of the right upper back, the right scapula (with fracture), the right proximal humerus bone (with fracture), and the musculature, soft tissue, and skin of the right shoulder where a lacerated exit gunshot wound is located below the top of the right shoulder. The exit gunshot wound measures There is a 21/2? contusion encircling the exit gunshot wound. Numerous bullet fragments are recovered along the wound path (right scapula). Associated injuries include comminuted fractures of the right scapui'a and right humerus bone. The gunshot wound is directed from back to front, left to right with minimal upwardldownward deviation. GUNSHOT WOUND OF THE BACK (GSW 4) There is an entrance gunshot wound of the right upper back (just above the right axilla), located 11? below the top of the head and 9? right of the posterior midline (along the contours of the body). The entrance gunshot wound measures and displays an eccentric ring of abrasion measuring up to 1/16? at the 1 o?clock position. A 1? 5/8" contusion encircles the entrance gunshot wound. There is no soot or gunpowder stippling on the surrounding skin. The hemorrhagic wound path sequentiain injures the skin, soft tissue, and musculature of the right upper back, and the musculature, soft tissue, and skin of the right Upper chest from where an exit gunshot wound is located 11%? beiow the top of the head and 3 318? right of the anterior midline (along the contours of the body). The exit gunshot wound measures 1/2? W. A 3? 2? contusion encircles the exit gunshot wound. No bullets or bullet fragments are recovered along the wound path. The gunshot wound is directed from back to front, right to left, and downward. GUNSHOT WOUND OF THE LEFT ARM (GSW There is an entrance gunshot wound of the upper outer left arm, located 5? below the top of the left shoulder. The gaping entrance gunshot wound measures 11 4? 13-02470 Page 6 of IRIS CAREY The left arm and forearm display an extensive area of contusion with numerous abrasions ranging in measurement from less than 1/16? to (pseudostippling). There is no soot or gunpowder stippling on the surrounding skin. The hemorrhagic wound path sequentially injures the skin, soft tissue, and musculature of the upper outer left arm, the left humerus bone (with fracture), and the musculature and soft tissue of the upperinner left'arm from where a deformed bullet is located. Bullet fragments are also recovered along the wound path. Associated injuries include two contusions of the upper inner left arm 23/4? and 11 2" 11 The gunshot wound is directed from left to right with slight upward deviation. ADDITIONAL INJURIES A 3/16? abrasion is on the back of the neck. A 5/8? 3/8? contusion is on the back of the neck. Two abrasions (3/16? 1/8? each) are on the left upper chest A 2? contusion encircles a 1116? abrasion of the left upper chest. A 5/16? 3/8? abrasion is on the middle of the chest. A abrasion is on the anterior chest, between the breasts. A 3/8? 1/16? abrasion is on the left breast. A 3/16? laceration is on the upper right arm. A 11/2? area of punctate abrasions is on the right forearm. A 21 4? 2? abraded area is on the dorsal aspect of the left hand, displaying several lacerations measuring up to A 1" 11/2? contusion is on the dorsal aspect of the left hand. A 1 4? 1/8? contusion is on the right thigh. A 1 2" 4" contusion is on the left thigh. A 1/2? 4? contusion is on the right shin. INTERNAL EXAMINATION Injuries described above will not be repeated. BODY: The body is opened with a Y-shaped incision. The organs occupy their usual positions and relationships. There is no increased ?uid in the pericardial, peritoneal, or pleural cavities. The abdominal fat has a thickness of 11 CARDIOVASCULAR SYSTEM: The heart weighs 240 grams. The epicardial and endocardial surfaces are smooth and glistening. The great vessels and coronary arteries arise normally and follow normal courses. The myocardium where sectioned, is uniformly ?rm and has a homogeneous, tan-red appearance. The left ventricle has a thickness of 1.1 cm, the interventricular septum 1.3 cm, and the right ventricle 0.2 cm. The left ventricular cavity measures 3.1 2.2 cm and the right ventricular cavity measures 2.5 1.6 cm. The cardiac valves are thin and delicate. The coronary arteries 13-02470 Page 7 of 8 MIRIAM CAREY on cross-section are widely patent and free of significant atherosclerotic plaque formation. The aorta displays scattered atherosclerotic plaques. RESPIRATORY SYSTEM: The trachea, mainstem bronchi and primary bronchial branches are unobstructed. The right lung weighs 240 grams and the left lung weighs 180 grams. The pleural surfaces are smooth and glistening and have a pink?red appearance. On cross-section, the is unremarkable. There are no pulmonary emboli. HEPATOBILIARY SYSTEM: The liver weighs 1180 grams. The capsule is smooth and glistening. On cross-section, the is unremarkable. The gallbladder is unremarkable and contains approximately 15 ml. of bile. SYSTEM: The esophagus, stomach, small and large bowel, and appendix are unremarkable. The stomach contains approximately 15 mL of dark-brown material; no tablets or capsules are identi?ed. After washing, the esophageal, gastric, and duodenal mucosa present neither ulcers nor tumors. PANCREAS: The pancreas is grossly unremarkable with the usual lobular, firm SYSTEM: The spleen weighs 80 grams. An accessory spleen is noted. The capsule is intact. The has a normal follicular pattern on sections. No enlarged or abnormal nodes are found. SYSTEM: The right and left kidney each weigh 100 grams. The capsules strip with ease revealing smooth cortical surfaces. On cross-section, the cortices are unremarkable. The collecting systems, ureters, and bladder are unremarkable. The bladder contains 150 mL of clear yellow urine. The uterus, tubes, and ovaries are unremarkable. An intrauterine device is appropriately placed. ENDOCRINE SYSTEM: The pituitary, thyroid and adrenal glands are unremarkable. MUSCULOSKELETAL SYSTEM: (See Description of injuries.) The uninjured skeleton is intact and without fractures or deformity. The uninjured red-brown musculature is unremarkable. NECK: Sections through the tongue reveal no contusions or hemorrhages. The neck is dissected in a layer-by?layer fashion. There are no focal hemorrhages of the strap muscles of the neck or of the intrinsic muscles of the larynx. The hyoid bone, the thyroid, the cricoid cartilages, and the cervical spine are intact. The larynx is opened 13-02470 Page 8 of 8 MIRIAM IRIS CAREY posteriorly. The vocal cords are thin and pliable. There is no evidence of infection, neOplasm, or trauma. The airway is. patent. HEAD AND CENTRAL NERVOUS SYSTEM: (See Description of Injuries). The scalp is incised and retracted. The cranial vault is opened. The scalp and skull display the injuries described above. The epidural space is free of hemorrhage. The uninjured dura is thin, tough, and pliable. The uninjured leptomeninges are glistening and translucent. The brain weighs 1160 grams and the cerebral hemispheres, midbrain, and pons display the injuries described above. The uninjured structures at the base of the brain, including cranial nerves and blood vessels, appear intact. On cross-section of the brain there is no evidence of natural disease. SPECIMENS Submitted for toxicological analyses are samples of blood, bile, urine, vitreous humor, gastric contents, liver, and brain. Representative sections are retained in formalin. TOXICOLOGIC EXAMINATION See toxicology report. .be. leis-tiara NIKKI inoumzmos, no. Date Signed Depuki Medical Examiner if- if; if}? NM/ksh/lmt GOVERNMENT OF THE DISTRICT OF COLUMBIA i: at ?k OFFICE OF THE CHIEF MEDICAL EXAMINER Washington, D.C. 20024 Telephone: 202-698-9059 Fax: 202-698-9104 TOXICOLOGY REPORT CASE IDENTIFICATION SPE RECEIVED Item Sample Date Received Tox1cology Number TX13-1130 7 1 Femoral - Blood 10/10/2013 Name: UNIDENTIFIED, Female 2 10? 0/201 3 3 Heart- Blood 10/10/2013 Agency Name: OCME 5 Bile 10/102013 6 Vitreous Humor 10110i2013 Agency Number: 13-02470 7 Liver 1011012013 Medical Examiner: Nikki Mourtzinos, 13.0. 3 3min 9 Gastric Contents 1 0/10/2013 10 NC - Blood 10I10l2013 RESULTS item Sample Comggund Method 1 Method 2 Value Units Comment 5 None were detected ANALYSIS BESS Volatiles - HSIGC Specimen(s) were analyzed by headspace gas chromatOQraphy for ethanol. acetone, methanol, and isopropanol. EIA - ELISA Specimenls) were screened by enzyme-linked immunosorbent assay (ELISA) for amphetamines, barbiturates, benzcdiazepines, can nabinoids, cocaine metabolites, methadone, methamphetamines, opiates, phencyciidine, oxycodone, buprenorphine and zolpidem. Basic Screen - GCIMSINPD Specimen(s) were screened by gas chromatography-mass spectrometry-nitrogen phosphorus (GCIMSINPD) for the presence of general basic compounds. The detection of any compound is concentration dependent. Screen - LCIMSIMS Specimen(s) mre screened by liquid chromatography-mass spectrometty?mass Spectrometry for the presence of general compounds. The detection of any compound is concentration dependent. CAS W. ZAR LL, MFS, FTS-ABFT 'ef Toxicologist, OCME certi?/ that I am the Chief Toxicologist at the Of?ce of the Chief Medical Examiner (OCME) for the District of Columbia or their designee. The laboratory results summarized above were cone ctly determined by proper laboratory procedure, are accurately set forth in this of?cial repott, and are certi?ed by me to be accurate. In addition, I certi?/ that the above analyses were conducted while safeguarding the chain of custody of the specimens being analyzed. 'I'Xl3-ll30 Page I of I EXHIBIT 4 U. S. Department of Justice Civil Rights Division O??ice of the Assistant Attorney Genernt - Washington, D. C. 20530 MAR 1 1 201'! Mr. Eric Sanders, Esquire The Sanders Firm, PC 1140 Avenue of the Americas 9"h Floor New York, NY 10036-5803 Dear Mr. Sanders: This reSponds to your letter, dated November 25, 2013, to Attorney General Eric H. Holder regarding the shooting death of Miriam 1. Carey in Washington, District of Columbia. We apologize for our delay in responding to your letter. In your letter, you request the Department of Justice to commence an investigation into the circumstances surrounding the incident. The Criminal Section of the Civil Rights Division and the United States Attorneys? Of?ces are responsible for investigating and prosecuting criminal conduct involving willful deprivations of rights. In general, these matters include Violent bias-motivated crimes, excessive physical force by local and federal law enforcement of?cial 3, violations of involuntary servitude statutes, and violence against reproductive health care facilities. As you are avvare from speaking with a representative of the United States Attorney?s Of?ce for the District of Columbia, the Department of Justice is reviewing the facts and circumstances of the shooting death of 1.: Carey, Upon conclusion of this thorough and . independent review," the Departmentnrill itakeiivhatever?action?is} deemed appropriate. We hope this infonhation is helpful. Please do not hesitate to contact the Department if We may be of assistance with this or any other matter. Sincerely, . f? Muss-3 ?i Jocelyn 1? Acting Assistant Attorney General EXHIBIT 5 UNITED STATES CAPITOL POLICE GRETCHEN E. DEMAR OFFICE OF THE GENERAL COUNSEL THOMAS A. DIBIASE General Comm! 13.910113: General Comm! W. Senior Comm! L. BALL Samar Camus! April 15, 2014 OGC 2014?028 VIA FEDERAL EXPRESS Eric Sanders, Esquire The Sanders Firm, PC. 1140 Avenue of the Americas, 9th Floor New York, NY 10036 Re: Federal Tort Claims Act Administrative Claim Dear Mr. Sanders: rl?he United States Capitol. Police (USCP) is in receipt of a document dated January 24, 2014, submitted by your law ?rm with regard to Miriam Iris Carey. The document was received on February 4, 2014, and is being processed under the Federal Tort Claims Act procedures. The USCP Office of the General Counsel will contact you if further information is needed. Sincerely, James W.J ce SeniorC nsel 499 South Capitol Street, SW, Suite 820, \Vashington, DC 20003 Voice 202.593.3619 Fax 202.593.4477 Mailing Address; 119 Street, NE, Washington, DC 20510 EXHIBIT 6 US. Department of Homeland Security UNITED STATES SECRET SERVICE APR 1 5 201?: REGISTERED MAIL Eric Sanders, Esq. The Sanders Firm, PC 1 140'Avenue of the Americas Ninth Floor New York,'Ne'w: York 10036 A. RE: Administrative Tort Claim of the Estate of Miriam Iris Carey, et a1. Dear Mr. Sanders: This letter is in response to your clients? administrative tort claim dated January 24, 2014, which you submitted to the United States Secret Service (Secret Service). The claim was received by the Secret Service?s Of?ce of the Chief Counsel on February 24, 2014. The Secret Service will contact you if further information is needed. To ensure that the Secret Service receives your correspondence in a timely manner, please direct any future mailings to the following address: Communications Center-LEG, Attn: Of?ce of the Chief Counsel, 245 Murray Lane, SW, Building T-S, Washington, DC 20223. - Sincerely, I Donna L. Cahill Chief Counsel pre' ,5 . 1: STATES POSTAL REGISTERED Label 2003 Augusi 2005 COMMUNICATIONS CENTER (LEG) 245 Murray Lane, S.W., Bldg. Washington, DC 20223 0105420001540 14.659 041152014 .-?Mailed From 2022:} HS POSTAGE Hasler MAII $300 Pena?y For Private Use PSN 7690-03-000-9511 Eric Sanders, Esq. The Sanders Firm, RC. 1140 Avenue of the Americ Ninth Floor EXHIBIT 7 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CRIMINAL DIVISION DCTN: 1114013691 INFORMATION Lockup No: 28 I Case No: Citation Date: The United States Attorney for the District of Columbia informs the Court that within the District of Columbia: Defendant's Name; Mathew EGoidstein 681895 14063549 02/ 183959 (First) (MI) (Last) (PDI D) (CCNO) (non) Also Known As: Mathew Evan Goldstein (First) (Middle) (Last) (?in Address: i 011 or about May 6, 2014, within the District of Coiumbia, Mathew Goldstein, without lawful authority, did remain, attempt to enter or enter ceitain property, that is, White House Complex, against the will of the United States govermnent, the lawful occupant thereof and the person law?illy in charge thereof. (Unlawful Entry, in violation of 22 D.C. Code, Section 3302 (2001 Co-Defendants: Rule 105: El Judge: United States Attorneyr for the District of Columbia By: Assistant United States Attorney m? kn By Of?cer: Badge No.: Date: May 7, 2014 PSA: 206 Domestic SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CRIMINAL DIVISION UNITED STATES vs. GOLDSTEIN, MATHEW EVAN The event occ?rec! on 0510612014 at approximately 1632 at 1600 AVE NW in Washington? DC. ON TUESDAY, MAY 6, 2014, AT APPROXIMATELY I632 HOURS, A0 (I. HOHMAN #0567 WHILE IN FULL UNIFORM AT THE ION OF 17TH STREET NW AND AVENUE NW. WAS CONTROLLING TRAFFIC FOR THE ARRIVAL OF AN AUTHORIZED US SECRET SERVICE MOTORCADE THROUGH THE WHITE HOUSE COMPLEX ENTRANCE GATE LOCATED ON AVENUE AT 17TH STREET NW. AS THE MOTORCADE APPROACHED THE GATE SOUTHBOUND ON AND MADE A LEFT TURN INTO THE GATE, A0 OBSERVED A GRAY HONDA CIVIC BEARING MARYLAND LICENSE PLATE SAHSBSO FOLLOWING THE FINAL CAR IN THE MOTORCADE AT A DISTANCE OF LESS THAN FIVE FEET (NOT 137016343175). THE HONDA CIVIC CONTINUED TO FOLLOW THE MOTORCADE THROUGH THE GATE AT SUCH A CLOSE DISTANCE THAT THE GATE BOLLARDS WERE UNABLE TO BE RAISED TO PREVENT ACCESS TO THE VEHICLE, AND THE UNAUTHORIZED VEHICLE PROCEEDED THROUGH THE GATE. PAST A LARGE NOT SIGN AND TWO ROWS OF LARGE METAL BOLLARDS DESIGNED TO PREVENT UNAUTHORIZED VEHICLE ACCESS (NOT 137016343165), INTO THE RESTRICTED 1600 BLOCK OF AVENUE NW. I ONCE THE VEHICLE WAS IDENTIFIED AS BEING UNAUTHORIZED, AAO (T. OSBORNE #1334 WHO WAS ON FOOT PATROL IN THE 1609 BLOCK OF AVENUE NW, HALTED THE VEHICLE BY STEPPING IN FRONT OF IT NEAR THE INTERSECTION OF JACKSON PLACBNW AND AVENUE NW. AAO REMOVED THE LATER IDENTIFIED BY HIS MARYLAND LICENSE AS GOLDSTEIN, MATHEW EVAN DOB: 0211811959, FROM THE VEHICLE AND PLACED HIM IN CUSTODY. THE VEHICLE WAS THEN DBCLARED SUSPICIOUS. MPDC EOD WAS CONTACTED AND RESPONDED TO TIIE SCENE AND DECLARBD THE VEHICLE SAFE. OFI WAS PLACED UNDER ARRE FOR AT HOURS AND TRANSPORTED TOMPDC 2ND DISTRICT FOR PR ESSING. . . - OFI WAS MIRANDIZED ON SCENE AT 1708 HOURS OFI VEHICLE WAS TOWED FOR SAFEKEEPINO BY ANA TOWING TO 1620 2ND STREET SW. The avant and acts described above occun'ed primarily in the District of Columbia and Wm: committed as described by . defendan?s) Hated In the case caption. - 4: fore me this_ May 6, 2014 (3C, W. Badge It Witness?! D?fzuty Clerk HOHMAN, JOHN-11001373 Pl?lnted Name of Member I Printed Name of Witness 3? Deputy Clerk . The {ongoing summertime made under penauy of china! prosecution and punishment for take stalemaan pursuan! to 0.0. Coda 22-25? . Page: 10f} EXHIBIT 8 U.S. Department of Justice Ronald C. Machen Jr. United States Attorney for the District of Columbia Judiciary Center 555 Fourth St. N. W. Washington, D. C. 20530 PRESS RELEASE FOR IMMEDIATE RELEASE For Information Contact: Thursday, July 10, 2014 Public Affairs (202) 252-6933 U.S. Attorney?s Of?ce Concludes Investigation Into the Death of Miriam Carey No Charges to Be Filed in Shooting Near U.S. Capitol WASHINGTON - The U.S. Attorney?s Of?ce for the District of Columbia announced today that there is insuf?cient evidence to pursue federal criminal civil rights or local charges against officers from the U.S. Secret Service and U.S. Capitol Police who were involved in the fatal shooting of Miriam Carey on Oct. 3, 2013, just blocks from the U.S. Capitol. Of?cials from the U.S. Attorney?s Of?ce for the District of Columbia noti?ed Ms. Carey?s family and their representatives of this decision today. The U.S. Attorney?s Of?ce for the District of Columbia and the Metropolitan Police Department conducted a comprehensive review of the incident, which included interviews of more than 60 witnesses and careful review of all crime scene evidence, ballistics reports, scene and traf?c video footage, photographs, the autopsy report, and other evidence. After a thorough review of all the evidence, the U.S. Attorney?s Of?ce concluded that the evidence was insuf?cient to prove beyond a reasonable doubt that the of?cers who were involved in the shooting used excessive force or possessed the requisite criminal intent at the time of the events. The investigation covered a chain of events that took place on Thursday, Oct. 3, 2013, between 2:13 pm. and 2:20 pm, a time span of just seven minutes. During that period, Ms. Carey confronted of?cers at three locations - one at the White House and two near the Capitol. At 2:13 pm, Ms. Carey, 34, of Stamford, Conn, drove into a well-marked, restricted White House checkpoint at 15th and Streets NW, without authorization and without stopping. After seeing Ms. Carey refuse to stop at the direction of two uniformed Secret Service of?cers. an off-duty U.S. Secret Service of?cer placed a metal bike rack in her path to block Ms. Carey?s exit. Ms. Carey then struck the bike rack, and the off?duty Secret Service of?cer who was standing behind it, knocking both the bike rack and the of?cer onto the ground. The incident at the White House checkpoint lasted about 30 seconds. Ms. Carey then drove down Avenue at speeds estimated at 40-80 mph, while weaving through traf?c, and ignoring red lights. our minutes after leaving the White House checkpoint, Ms. Carey arrived at Gar?eld Circle, one of two traf?c circles in front of the U.S. Capitol. She drove into the circle going against the ?ow of traf?c. almost hitting another vehicle head-on. Ms. Carey then turned her vehicle towards the permanently?af?xed black barriers that block vehicular traf?c on the pedestrian walkway that leads to the steps of the U.S. Capitol. The pursuing law enforcement officers blocked Ms. Carey?s exit from the left, right and rear of her vehicle, attempted to open her locked doors, and issued multiple commands for her to exit the vehicle. Ms. Carey then put her vehicle in reverse and rammed the marked cruiser that was positioned behind her vehicle. After ramming the cruiser, Ms. Carey drove forward onto the sidewalk, forcing officers to run out of Ms. Carey?s path to avoid being struck by her vehicle. It was at this point, as Ms. Carey drove on the sidewalk between the wall that borders the U.S. Capitol lawn and the tree boxes on the sidewalk, that two U.S. Secret Service police of?cers and a U.S. Capitol Police of?cer ?red eight rounds at Ms. Carey. Investigat0rs do not believe that Ms. Carey was hit by any of these rounds. Ms. Carey then drove back around Gar?eld Circle, against the ?ow of traf?c, and headed towards Constitution Avenue. The incident at Gar?eld Circle lasted approximately 35 seconds. The U.S. Capitol, the U.S. Supreme Court, and other buildings within the Capitol square were put on lockdown in response to the ?shots ?red? report. With continued reckless and evasive driving, Ms. Carey traveled along the north side of the Capitol and headed towards the Senate and House of?ce buildings. A U.S. Capitol Police of?cer who was responding to the scene in his cruiser slammed into one of the barriers that had just been raised in response to the lockdown order, causing what sounded like an explosion that was later reported by witnesses. The cruiser was totaled and the of?cer had to be airlifted to the hospital for treatment of his InqulCS. Approximately one minute after the shooting at Gar?eld Circle, Ms. Carey arrived at the manned U.S. Capitol Police Truck lnterdiction Point at 2nd Street and Maryland Avenue NE. With raised barriers blocking her path, Ms. Carey made a sharp left, drove up a curb, over the center median, and struck an unmarked Supreme Court police of?cer?s vehicle that had stopped in front of the Hart of?ce building. After ignoring multiple commands given by officers who were running towards her vehicle with guns drawn, Ms. Carey revved her engine and then reversed her vehicle and drove directly at a U.S. Capitol Police of?cer who was approaching Ms. Carey?s vehicle from behind. As the U.S. Capitol Police of?cer ran towards the median to avoid being struck by Ms. Carey?s vehicle, he and another of?cer from the U.S. Secret Service (who also had ?red shots at the Gar?eld Circle location) started ?ring. The two of?cers ?red nine rounds each. Twenty seconds after Ms. Carey had arrived at the 2nd and Maryland location, her vehicle crashed into the kiosk and came to rest. Ms. Carey was unconscious at this timethe vehicle. No additional rounds were ?red by of?cers after the crash. After the shooting and after Ms. Carey?s vehicle crashed into the kiosk and came to rest, the of?cers on the scene discovered that there was a young child in the vehicle. They carried the child from the car. The child, who was not seriously injured, was taken to a hospital. Medical personnel arrived on the scene and attempted to revive Ms. Carey. She was transported to a hospital, where she was pronounced dead. Ms. Carey sustained ?ve gunshot wounds to her neck and torso area, one of which was fatal. She was not under the in?uence of illegal drugs or alcohol, and no weapon was recovered from inside her vehicle. Under the applicable federal criminal civil rights laws, prosecutors must establish beyond a reasonable doubt not only that an of?cer?s use of force was excessive, but also that the of?cer willfully deprived an individual of a constitutional right. Proving ?willfulness? is a heavy burden, and means that it must be proven that the of?cer acted with the deliberate and speci?c intent to do something the law forbids. Accident, mistake, fear, negligence and bad judgment do not establish such a criminal violation. After a careful, thorough and independent review of the evidence, federal proseCutors have found insuf?cient evidence to prove beyond a reasonable doubt that these of?cers used excessive force under the circumstances known to them at the time or that they acted with the requisite criminal intent. Accordingly, the investigation into this incident has been closed without prosecution. The Justice Department remains committed to investigating allegations of excessive force by iaw enfOrcement of?cers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated. 14?161