C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT
FILE NO.

FROM
SUBJECT

DATE

15-00004

Detective John Morgan #241

TO

June 2, 2015

Sergeant Sharpe

Synopsis of CCSO Case #15-004

Use of Deadly Force Incident

COPIES TO

Lt. Smith, File

PREFACE

.

.

.

©

.

The follow1ng 1s a synops1s of the Cuyahoga. County Shenffs Department (CCSD)
investigation into the City of Cleveland Division of.Police (CPD) Use of Deadly Force (UDF)
incident which resulted in the death of Tariidi )Ric\ '(RICE). The incident occurred at the Cudell
Recreation Center (CRC), 1910 West Bo~l~vard, ·cfeVeland, Ohio, on November 22, 2014, at
approximately 1530 hours (3:30 ~!~ RD PI ~

Th~report

~~zt ~erinfonm.iti~{A~t~~ -G~SD

will only
investigative team
deemed most--releyant-tQ·f;;fvi~~~~<aVer~hind,:under~ti)Q_~ing oJi!HejQformatio~:obtained by
CCSD regaf,dirl'g.this·incideht':-.§_e~use thiS:is:-a:sJmnfary of:theAnvestig~fforts,'!t is
recommehd"td.treJnfoi"!J'l~tio-rf.t?,e ct~S'e$ref~fe'Qc"'t'd·witt1Jhe'\relevann~ports;viae~! and audio
recordings proviCf~d .~er~in~F..Y,rt~,rr;'@';':audio• C!rl'9'~~~i?e~~~ordil'i'Qs·e~is(for1he majority of
the interviews condu~t~-~~Tt:!~se au~iQNideo rec9~diog-Slreve$11 ~.urthJ:details of statements
given regarding the

1
W
b~ed.:tn~ugfi6ut t~1t su~ary~attf.~fibreviated

incide~f ~

(§((~_:'-~~}~J

Acronyms will
term will be identified
when initially referenced, an.~ .it~faJ1nyO}'Will'fQ.!Ib~~Yparenthls!s. A Table of Contents and the
Summary of Investigative File~G~ntents'ar~ include'<Uo.a~sist.the\reader.

I rI K~ -~ ~'":Z\\
\
cor?ufte~f\tn1?'a~/tjgfti~.fo~~•
.PU(P?Se

Finally, the CCSD
of determining, to the
extent possible. the facts an~ 'qifc~mstan-:ce~surroi.lri'afng tnis\~~e of deadly force incident. As
unbiased collectors of fa~: the ~t.s6.:s4nvestigati.ve1eam~hls'ndt,\and will not, render any
opinion of the legality of t~efofficer~~a'§tioni Rathet;-t~'e:~eti~ibn~ are in the sole purview of
the Cuyahoga County ProsecutorS -Office (CCPO) and/or-.th~-Dep~rtment of Justice.

«;!/

-~

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

TABLE OF CONTENTS
Preface. .. ......... .... .... .................................. .. ... .......... ... .... .. ....... ..... ........... ..........
Incident Summary........ ..... .. ....... ........ ..................... ... .. ........... ................ ..... .........
Parties Involved. .. . .. . .. . .. . .. . .. . . .. . .. . .. .. . .. . . .. .. . . .. .. . .. . .. . . .. . .. .. . .. . . .. .. . .. . .. . .. . .. . . .. .. . .. . .. . .. .. ..
Officer# 1 . . . . .. . . . . .. . .. .. . . . . . . . . . . . . . .. . . . . .. . .. . .. . . .. . . . . . . . .. . . . . . . . . . . .. . . . .. . . . . . .. . . . . .. . .. . . . . . . . .. . . . .. .
Officer# 2 ... ... .. . .. . ... . .. .. . .. . .. . .. . .. . .. . ... ... .. . .. . .. ... .... .. . .. . .. . ... ... .. . .. . . .. ... . .. .. . .. . .. ... .... .. ...
Attire .. ... ............... ... ......... .... .. .......... .. ............ .... .... ....... .... ........... ... ....... .. . ......
Decedent.... ..... ......... ....... ......... ...... ........ .............. ... .............. ........ ....................
Morgue ... ..... ... ....... ..... .. ....... ...... .... .............................. ............... ......... ............
Cause of Death... .. . . .. .. . .. . .. . .. . . .. .. . . .. .. . .. . ... . .. .. .. .. . .. .. . .. . .. . .. . .. . .. . .. . .. . . . . . . . .. . .. . .. . .. . . .. .. . .
Manner of Death .......... ...... ....... ...... ..
Investigative Process ..... ... .............. ..I.. ( ...\. ~. ......................................................
Obtaining Official CPO Records ... ....... \~/!........... . ... . ........... . . ........ ... ... .... .... . . . ....
Background on Involved Parties .. ...... ·/ / . \\........ ............... .. . .. . .. .. .. . .. .. .. .. . .. .. . .. .
Officer Frank Garmback ........ ..................... .. .; .. . ... ... ... ... ... ... . .. .. . .. .... ... ... . .. ... . .. .. . .. .
Officer Timothy Loehmann ... ...... ... . .!.(. t. J. \ ..\. \ .............. ..................................... ..
Tamir E. Rice (Decedent) ... ......... j./I!..J..~-. ~\.\.. ...... ... ... ... ... ... ... ... ...... ......... ... ... ... .
..
.
--........~
W1tness
Interviews
... .. .. .:..:: .. ._...~~
..:-:-:.... r':"l'.~... ..~.r·c.
.. ...·....... .. ....... ... ........ .. .. ... ..... . .. . .. .. .. ..
•
~- / '-. .,. f. ~f.':: ~,...\'
. ~ " "1- -~""Cudell Recreation Center ,\11deo.,...Survelllance •.... _.. "· ~. .. .. . . ... .{ . . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .
. ) // . '\\. ..,~. . ~·-~A''\\.
lnterv%ws R_equeste_~,; :..;"t_~;(.J, "Y·'·'"· "jw)"' ' ' :'"!..:.:~--~.. ·~ C: .. .... ~ .. ..........
D_ocu\ ~nts:~~~-n.au~·!t;'\'\.....
~l.;· · 'iJ..':~, .....··.::.·~~····-···-r--\ C... ....
Fmal N tes ., . .. . . . '"'-· . . .. . . :--..l.~,.z~>· . .. ./.\. , .~:- ... -:":·· .~. . . ... .. ...... .
·· · '·File
· ·Contents
. . ·- - ._.i..........
~)--."\. ...,. V.:..".(S>'-... ?i~ \>==
-· ·' ~I
Investigative
L ..·f': .. .~.·..:·• ..-...... :~ . ..... ..... .... ..,~ .....r. ... ......... . .. ... .....

c:>:... .......................................................

----

&, .. ·.

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2

1
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15
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16
16

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARl'MENT

INCIDENT SUMMARY
On November 22, 2014, at approximately 1522 Hours, CPO Communication Center
received a 911 call from a male, who only identified himself as · · - advised Dispatcher
Constance Hollinger there was a male outside the CRC with a "pi:stol". The caller provided a
clothing description of the male, that he was sitting on a swing oU1tside of the youth center, and
that the male was pulling the gun in and out of his pants and "sca1ring the shit out of people".
also stated that he could be a "juvenile" and that the gun was "probably fake", but he
"couldn't tell if it was real or not".

IIIII

Dispatch put out a call requesting an available unit to respond to a Code 1 at CRC. The
marked CPO zone car (ZC) that was resp6~bl~ for that area wa$ occupied with another call.
CPO Officers Frank Garmback and Tim6ttj'y Loehmann, who had just completed investigating
an alarm drop near the intersection of Wes(Bbulevard and Lorain Avenue, advised dispatch
they were available to respond to the caii/J \ \
1
Dispatch informed Officers
that at "Cude/1 Rec Center ...

Ga~baCkia'nd~Loehmann

there's a black male sitting on a S'~'}pgfL/pPfllfJJl~'gun out of his pants and pointing it at
people." Officers Garmba...c~d:t:_?ehmaAn w~r~n:Z<(-115A, call sign "One Adam Twenty-Five"
(1A25). Officers

~

Garmbacl< .an~~~'1M .P-r~c=~~~J<>:tb.~RC:.

/!l.:,.'v

~~~L~\_

-~

r_.~c.~rding-to~~e: ~UI91!j~t~d V~IJ.i_rle bo~~t~?SYS!~ni ~Y.g·~ ;--ZCjj§A}r~veled north on
Wesh~o-~!~v~rd~ty_rn!:,d ~~stp~!o}~adis<?,n;~v~n!Je, and;the~1urnied.·north ·<!n~~e~t 99th Street,
a dead end."Enc<>~nt~·t~e dea,gisn~.~~yJ~~ap'tess~~1he<~~C- by)ravelif)9 over the curb
line and throug~ ·t~e-gr~ss,.~<?~rqe-~;ttie ·park. ar~a~~9 ~J.~A.th'e]t.,pasJe~.tne· playground area
(swing set) and~lTie.to'r1st-be~er-~·t~«:~~a~e~o 'ai:(Q~wood~Q:.ve,hicle barriers located on the
grass between the-g'azebS and t~ parkmg 'lot.1~~
;~~:,,•>/

~~\I,

~\ r~ · -~.

t
/
.}~j/
During this off ro~d: $.~~acti~~~h~· C~~; lA.tJr.~c9rdE~d speeds between six (6) and
fifteen (15) miles per ho~r.~~s~t~:Z:0~ameJo-t,-%tpP(.£'ffi~_r ~oehmann exited the vehicle.
Video surveillance shows RICE- pulling',up his outer\garm~t with both hands near the right side
of his waist. Officer Loehman~~-exite~Jithe;zc·anC1filsbha1g~d t\is <july weapon at RICE. While
retreating towards the ~ea(. th~G:;.toffi~·r ~6~hmahn ~tuh1bledl and fell backward, regained
his footing, and found covetbe'hind~tbe-:v.etiicle..S1r-O'nk ~n thel;driv,er's side.

o.i

.

! /' //,._?/~~:\\\\

Accordmg to w1tness 1ntervJews, 1t 1S unclear,~ether·Offic:er Loehmann shouted verbal
commands from inside of_thcfzC·'i o RICE (who was located-in~ide~.of the gazebo area) prior to
discharging his weapon~Based on the weapons inspection--cot1duided by Lieutenant Ronald
Timm of the CPD\~6tnid.ide unit, along with the shell casingsLe'to·~~red at the crime scene,
Officer Loehmann fired two (2) rounds at RICE, striking RICE one:'lime in the abdomen within an
approximate time frame of 1 to 2 seconds after Officer Loehmann exited the vehicle.
Even after viewing the surveillance video from the CRC, GCSO Investigators were
unable to determine when exactly Officer Loehmann's rounds were discharged from his service
weapon. Based upon a Trace Evidence Laboratory Examination Heport submitted by
Supervisor Curtiss Jones of the CCMEO, Officer Loehmann's we;~pon was fired at a distance no
less than 4 .5 feet. Using CRC surveillance video, SCI conducted a measurement scan using a
FARO Focus 30 X330 Laser Scanner/Scene WebShare Software~ . This scan concluded that

3

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

Loehmann fired his weapon from a distance no greater than 7 feet. 1 Therefore, CCSD
Investigators estimate that Officer Loehmann discharged his weapon at a distance between 4.5
feet and 7 feet from RICE.

Within t he software, the measurements were laken from the ·e· pillar of lhe passenger side of lhe vehicle to the
northwestern edge of the concrete base of the gazebo; See the attached sereen shot of the approximate measurements
taken by investigators utilizing the Scene WebShare software (File #9 BCI 360, Scene WebShare.pdt).
1

4

 CIS·lS

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

PARTIES INVOLVED
OFFICER #1
NAME:

008:
AGE:
RACE:
ASSIGNMENT:
BADGE#:
APPOINTMENT DATE:
WEAPON:
MAKE:
MODEL:
CALIBER:
SERIAL#
CAPACITY:

-

FRANK GARMBACK

47

WHITE
1sr DISTRICT PATROL

FTX169
17+1
CPO Homicide Lieutenant Ronald Timm secured and inspected Officer
Loehmann's weapon. The weapon was found to contain fifteen (15) rounds in
the magazine and one (1) in the chamber. A total of two (2) rounds were fired
during this incident. Loehmann's weapon was confiscated and taken as
evidence.
Officer Loehmann suffered a left ankle sprain during the use of deadly force
incident, and he was transported to Fairview Hospital by Cleveland EMS.
Officer Loehmann was treated and released.

5

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPAR1rMENT

ATTIRE

Officers Garmback and Loehmann were dressed in designated CPO, law
enforcement uniform with a visible badge on the outer carrier. There were
CPO designation patches on each shoulder, and the officers were wearing a
ballistic vest housed in an outer carrier. Both officers wore duty utility belts
containing the following departmentally issued items: ~Jun holster holding a
service weapon; magazine pouches; flashlight; Taser; and portable radio.
DECEDENT
NAME:

TAMIR ELIJAH RICE

008:

25,2002

SSN:
ADDRESS:
NEXT OF KIN:
DOB:
SSN:
ADDRESS:
WEAPON
MAKE:

ST; Cleveland, OH
(RF)

MORGUE

Examiner's Office
e><amination was
ner of Cuyahoga

1V1emc;a1
\c:.Y...... ,.,.~,......

CAUSE OF

Guns
MANNER OF

DE~:/

Homicide

6

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

INVESTIGATIVE PROCESS
OBTAINING OFFICIAL CPO RECORDS

On January 2, 2015 [then] CCSD Chief Clifford Pinkney notified CCSD Detectives
that the CCSD would assume the UDF investigation pertaining to the incident which resulted in
the death of RICE. The following is a timeline summary from acceptance of the investigation by
the CCSD to the receipt of the redacted case file from the CCPO.
DATE
1/2/15

1/5/15

1/7/15

~

1/8/15
1/12/15
1/14/15

ASSIGNMENT
CCSD assumes responsibility-o(RICE investigation. CCSD receives the initial
disclosure of the CPD/UDFIT irl've'Sti~ative file from the City of Cleveland Law
Director Barbara Langhenry.\ ~~ /
CCSD Detectives meet with G"CP0 Assistant Prosecuting Attorneys (APA) Matt
Meyer and James Gutierrezlto'distu~s the investigation, subpoenas, and potential
search warrants involved irl the· case. CCSD delivers case file to CCPO APA Carl
Sullivan to redact t::.~~{~ar-\Y~GiJ~~w Jersey, 385.U.S. 493 (1967)
;...-:-·""" n
II"'>,, . .
statements.
CCSD
requests.C"Cf"Grtolii~sue subpoenas for,documents to the following entities:
.
' 1 / . .,'t""'O.
~.-------o--'7·''K'MA.-:'\\.1..
.
~<;:1ty of Cle~eJ~n~r;-9.1~of,f2~clld, ~~~yoN~~~~a;t~e!gh~s. C1ty of ~~~endence,
,~level~'lQ~MEl,tropol_ltag SchQ_1>1 Q~st!lct, 1C?Iilo<!'eac~~C>!f!_cecT:rmmng,Afad~my,
"Cte~elan.d Helght~1P,~I!C$ ~c~,8~11J.Y.-~kron Rol!ce4~epartmenLCCf0 delivers
-subpoenastlietollowlng1jayJ178/.:1~5)r~ ~ \"
~-- ~/
CCSQ_iequestsa~cbm'plf!le;_.t.lri~redacted.~ICE-file"fror:n·tlle"Citv of-Cleveland.
ccs~ re'cfiives doc(J'rfierits req"uestea;froni varlblls·e~tities/
CCSD Eletep!ires,m~et With-a-gents frorh,the OhiO:f,.tloft1ey General's Office Bureau
of Criminat~v~stigatioh\(BCI)·to tliscus's~ssistarlce'in the utilization of current
crime scene tectu)'olo'Qy,ana'meth'OB916gy: ._ H
CCSD Detectives'teeehle~'copy;of~ealed, lin-redacted version of RICE
investigation 1file;ffomtCityotCievel<in8,t::~w-'uJp'altment. CCSD delivers RICE file
to CCPO toJe8~ct'Y!nV!'$dmt'i',v. NeVl~iei:'sev;c3a5.'u.s. 493 (1967) statements.
CCPO prov,ides e;SD'De%_Cti"i!s wjh'a<list,df~ilnesses that were interviewed by

l /

1/16/15

1/22/15
1/23/15
1/26/15
2/13/15

CPD/UDFIT. i /
· // / ""''' · \_ \\ '
CCPO iss~e~ adqitionals'Ubpoenas.to-ageQCi,~s'~in'{onnection with the
investigatipn.
_/
/
" ' - - ' '\
CCSD,Detec;tivesootain the original Di!litaiVideoHecor.der (DVR) from CRC.
CCPO,p~des CCSD Detectives with three (3)'~Q'lp~c~ disks containing all
reportsi'-recordin!ls, and videos associated with the"CPD/UDFIT investigative file.

7

 CIS-3S

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

BACKGROUND ON PARTIES INVOLVED
OFFICER FRANK GARMBACK

•
•

•

Appointed to the Cleveland Police Academy in 2008.
Four (4) registered complaints with the office of professional standards.
o Two (2) were "unfoundedn.
o One {1) was administratively withdrawn.
o One {1) was a civilian withdrawal.
Was named in a 42 U.S.C. 1983 civil action in 2012, captioned: Eaton v. Guerra et,

•
•

Assigned as the Field Training .Officer (FTO) for Officer Loehmann.
Declined to speak to CCSD D~t~otiv~s in this investigation.

!":::\

al.

~/\\
Appointed to the Cl evelaotl~fih~~demy in December of 2013.

OFFICER TIMOTHY LOEHMANN
•
•

Applied to more than_:fiV'e'
lawf,nfo~rnt~gencies prior to becoming a Cleveland
1
Police Office~r;
0~ ~ v'J(A,M
•--vyorked
July
to December
'?01-2!"'~,~-S.IQned><p~r.~ ac~~J:?bng:~~s pp,•ce~rt}~~~-duej_9•upersonal reasons".

:-'G-f
..
~~l~.i~S,ad~~Ho.r.Jh~ Si,~..._of:lr;~_~P.~ndeQ_~1from

2~
('.r·~~lili~,t~~·~ Wi~t~e.G~~tti~n,-t~sinvestiga~)

TAMIRE.RI~-~E,~,)~~~·',~l
·.!or~~~-··~/
......,_,, '-v
.-=
_ ._
-11\\'
/
"..'-....~

•
•
•

~
<"?

~

I.
\

~lr

~

"\~ ~J
!7'--. ..,.._ _ \
~
12 year·olct~fnc31 Amef!c~·n-maJ~:. ~; • J
I
No historY'-ot-j~ven11J~Lrt aojudicatlons~·
Per CRC retords/~itne""is'es(RICE~~~·Jn:t~ ~nnroximately 4 to 5 days a week at the
CRC.

rr;

'r';?a~~z~ ~

~(

'

~//

8

~

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPARrMENT

WITNESS INTERVIEWS2

•
•
•

merv1e1Nea February 12, 2015.
Neighbor of Rice family.
Didn't know the mother; felt children did not have a1 lot of adult supervision.
Believed RICE was very respectful of his mother.

nterviewed February 18, 2015.

: ~::~~::::a::?.
•
•
•
•

-!~Sam Ri~"

Federal Bureau of
Investigating a bank
the area when the "sh
Arrived at scene
First to
providi

and brother~ Tamir Ri~

Special Agent and registered paramedic.
Cleveland Police Detective Lentz and was in
'came for CRC.
(4) mir1utes after the incident.
as.sistance from a CPD officer in
e. He thought assistance was
wound .

J

ned·of pain in his leg

•

btut assisted investigators in
with RICE during the day.
CRCl>el:~sol"ll)el \AJI'\Into,.•n on November 22, 2014.

•
•
•

•
•

2

ntf::!rvle1NeCI March 5, 2015.
"9
on November 22, 2014.
Was seated in the gazebo area and noticed an
American male with a
gun.
Described male as uprobably" a juvenile waving a •'take" gun. Said the male was
pulling the gun in and out of his waist band and poiinting it at people. Claims that
the person was "acting gangster."
Indicated he was not sure if the gun was real.
Left the park while concluding the call. Did not know what happened until either
later that day or the next day.

In order by date interview conducted

9

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARl.MENT

•

Thought RICE was 20, but still told the dispatcher that he may have been a
juvenile.

•
•

Interview conducted telephonically March 9, 2015.
name was provided on the original witnes!i list obtained from the
CPD/UDFIT file.
Stated that she did not witness the incident, but heard screaming.

•

•
•
•

•
•

Interviewed telephonically
name was oravlm'!a
file.
.
Stated that she was at

Best friends with
Disclosed
tele"'"''nc w~i,t-1'\,.li"o!:it'l

9, 2015.

inal witness list c•btained from the CPDIUDFIT
the incident occurred.

in exchange for a cellular
""'-~·-,.

n!:lr.~,notv

to repair it.
reas~e! moly.

'"""v.,u~"'?!.;:~~~~~!'·~he~~~<?.:lf]V.eStiQiato,rs·,.v_oem nf~·t'mllVrt1ed

RICE with

•

•

•
•

$ that the incident occurred.

•

other juveniles at the CRC from

~

16, 2015.
was provided on the original ulit'r":.c~~~ list obtained from the
IT file.
did not witness the incident and did not have any information to assist in
this'inVestigation.
mervreweD "n"'.-""

•
•

•
•
•
•
•

Interviewed March 18, 2015.
EMS paramedic.
Assisted CFD with patient care while at the scene •:~nd in the back of the unit.
Arrived at the CRC approximately eight (8) minutes after the incident occurred.
Stated that RICE was unresponsive while en route to MetroHealth Medical
Center.
10

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPAR1"MENT

•
•

Interviewed March 20, 2015.
Former art teacher of RICE at Marion-Seltzer Elementary School.

•
•
•
•

Interviewed March 20, 2015.
Supervisor for uOid Tymers" basketball team at the CRC.
Witnessed a "young male" (RICE) pointing a gun at the ground.
No one else was present, so he did not focus on RICE to alarm him.

JOE WISE

JANELL RUTHERFORD
•
•
•
•
•

Interviewed March 20,
Supervisor 151 District
Division; 17 years as a Cleveland Police
Officer; 11 years as a
CPO.
at the time of the incident.
Only supervisor for the on•··r.:.·,
Arrived on scene aoc)r.O:~<•mate!IY
time as EMS.
Believed RICE ao,:>eared1o=be'· ,,vt.~i:>,u 6) to Eighteen ( 18) years of age.

another boy

•

St; Cleveland, OH) from

•

Pop .. .Freeze let me see your

•
•

•

andllll
RICE at the CRC;
a BB gun and they were
ng
a1t the trailers by the school.
RICE kept the gun inside of his waistband- a n d - didn't see the
incident but heard what sounded like three gunshots.
After the incident,
informed- that • • provided RICE with the gun.

•
•
•

Interview attempted April 6, 2015.
Provided an interview with CPD/UDFIT. (redacted)
Declined to be interviewed by the CCSD for this investigation.

•
•

22, 2 0 1 4 , - a

IIIII

II

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARl"MENT

BETH MANDL
• Interviewed April 8, 2015.
• Dispatcher with the City of Cleveland since 201 0.
• Assigned to CPO Communication Center working as 1st District Dispatcher on
November 22, 2014.
• Provided overview of the process of how 911 calls are routed; clarified that
dispatchers do not have contact with 911 callers.
• The call taker determines if the call is to be routed to EMS, Fire. or Police.
• Call taker documents the information and then transfers the information
electronically to the dispatcher responsible for the ;zone where the emergency is
~
located.
• Was not aware that the 9l11.rcaller - - had stated that the suspect may be a
juvenile or that the weap6n1.could1b~

J\ \

OFFICER WILLIAM CUNNINGHAM )
• Interviewed AprilS, 201/,/1
\
• Began his career with_;C~O(in Se,P._t~mber of 2000; assigned to Fifth District
Patrol, A Platoon;,Noveml1elbt~201~-;-assigned to CPO Downtown Service Unit

~.\

•\....9Jl~ov(mbe322..:261'4~
~~'!rk~~~fc-e;~~~·~
young, ~to,d~ht0¥that:

years

.

someone.was outstde of the
CRC slioot~.f9t-~~ diet;:not!!~es!igat~~~~-iftol~~nlie~police had just
,shot·someone··out~di:(§J th'e-?<0~~:4~\~~- ~ /
etl·~si_q,fi~ ~&~~~~~ailt~nd wat~_hedcis·RIGE:S -sister ran by him
towards~the;gazet5o~/~·:
·. - .'-.....~~~
\~~\)' ~ ~\'
·/ /
:--- ..._, ~ "'r
, ~____,.(:
:\r~~
I"/.'/__
• Statec:t:that· Officer..l!oehnfimn·stoppe.
:
~her from enitering the crime scene.
'\ " -....11
J1Wt H -. . .,; t ~~ ~
t~ ~ ,/'.- r
.
• State(J{h~!t~Jf!cer-;l~eh'!_l1"~•~!9.·~r:'9\~·.a~JJ.~r;o·91e ground; but that she slipped
on the wet grass ~e -P.Ut-.htSt~rms-dut to-stdp her.
) . , -'"'"'t !1. ~ '- ' • • .: ¥ '/ . Ae,t-,. •1 ;
• Stated that .itt'as·tlis·idea:to~hanactiTT
RICE cmd place her in the back of the

,"\1

~~~~~:.~m\~;;A~6~~~\ting

•
•

and kicking kil ed
'You

my

t~a.t P;fi«;f~t?.;!!~a=~-~~e~ist_r~~ght.
~o~rymanry~·-GJJr:m~ngt)~m~'i,gav~~-rileno choice. He reached for the

Stated
Officer
gun an~ re~e~'#~_§.fiOttiing·l

HOL:~I.t!~R~

COUid·· dO.~~

\

~~

CONSTANCE
• lnt,rviewedpApril29, 2015.
t )
• Di~p~ict4r for City of Cleveland for 19 years. ·
• She watthe call taker on November 22, 2014.
• Explained that call takers are responsible for both «~mergency (911) calls and
non-emergency calls to Police, Fire, and EMS in the City of Cleveland.
• Described that call takers are responsible for obtait1ing pertinent information from
the caller (i.e. name, address, location, and reason for call).
• Also responsible for assigning a priority to the call received and transferring the
call electronically to the primary dispatcher for that zone.
• Refused to answer questions (per her attorney) ab•::>ut not relaying specific
information related to the 911 call on November 22, 2014.

12

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARl'MENT

•
•
•
•
•
•

Interviewed May 14, 2015.
Stated that she was the person in the video surveillance footage from the CRC
seen walking with RICE in front of the gazebo caiT)ting a white bag.
While leaving through the rear of CRC, stopped and talked to a female she
identified as RICE'S girlfriend (actually RICE'S sist,er.)
Walked to CVS to purchase some items.
Walked through CRC on way home and encounter·ed RICE; she met with RICE
at the swings where he shows her the weapon (per video surveillance).
Does not recall RICE having the weapon out durin!~ their conversation in front of
the gazebo.

~~')
j(

OFFICER RICARDO ROMAN
•
•
•

Interviewed May 28, 2015)
CPO Officer since Janua,rY(2o1~ ; assigned to First District Patrol.
Roman and his partne'ia.verina) ~ere headed to the CRC when they heard the
j \ ~\
ushots fired" broadcast.
• On scene, he observ._6d an=FBI~A~ent~nd 01'ficer Garmback providing
medical aHentiorl-t6 the-;s~e~lA~
'::'--""
'
' .; ...... ._, " .U::iJ-1
I y , "' " "
• Recalls ~I~E ·lyi~_g•on"the:-grass-an.. ob~~r;Ved, '\.. .,a black automatic handgun" on
the..gr~u?d n~')~~s~~ect;~ "· ·..,,,' )-. ~\.~ ~
!.\, •...-.Oescnbed~th~suspecttas.!a:_blac~ale; . ea y~twEmt1es ~--~ easll~ over two

I! 1

r-,

'~''\_hull~d·pounds~,6 ®? ~~~~ ~'.

~B~ie~~cfthf.~~~~'?DWa~~~~he~ooke(t ~os'E~at
he
•

•
•
•
•

magazine; even then,

s~illbe~evea~~~w~apon w~asJ~ ~\ ~ ~\//. / /

1\.('//

SpokeJo-L~ehman-nfonly~irn:eg'ards toJ!lis injured"im'kle; did not have a

conv'ers'aTi6n1witH ~hnback:~. ® 1; ...........
'-."'\~-4· \t9 St ~{ ~~ h ~

1

1

ZVERINf~.~\~;;v.:- · ~~
lnterviewp~ tv1~fi~h~?·1§~ . --~~~./ t. ~ . . .
Clevelan<f.~ohce,._~r~rlfor J.5'(!j.~~r§;_ a.sstgned to Frrst Drstnct Patrol and

OFFICER KEN
•
•

'e

::::::.-:-:· ~/

:

1

partner1~ ~~~~" 9!fi~.!S_cl~a~. \iA~· \ \\ \

Observed; a }full'frame:Otack-semr, aoto" JI:ISt~north 4:lf the suspect on the grass.
' J
,
L ..R': .J . , ' - . ..... ~ ""' .\ \ I
Stated 1h~t ·.sl!.s~~cr:...(RIGE) waslyi~~.pn th\~ groUind and he believed he was
18-20 ye~rs of ag('s·o·. and 20cfPo~nds~ ; ' \
En~a9e.9jiH:(nvers~tion with Loehmann.~bout\bi~'ankle pain, but did not have
') ?( '~ )
any conv~~atlons wrth Garmback.
Sei,~:_iperimeter to protect the crime scene~~~

OFFICER LOU KITKO
•
•
•
•
•
•
•

Interviewed May 28, 2015.
Cleveland Police Officer for 18 years; currently ass;igned as a Patrol Officer on
the First District, one man car.
On another assignment when "shots fired" was bro,adcast.
Entered the CRC through the parking lot.
Informed by Officer Garmback that it was an office1r involved shooting.
Contacted the Cleveland Police Union.
Recalled the male lying on the ground and there w:as a firearm lying next to him;
firearm appeared to be a semi-automatic handgun, black in color and real.
13

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPARl.MENT

•
•
•
•

Went inside of the CRC and advised staff that CPD would need a copy of the
surveillance video.
Attempted to calm down Officer Loehmann.
Told by Loehmann that "They arrived at the scene, yelling commands at the kid,
they stopped the car and the kid went for the firearm and pulled it out."
Officer Loehmann then informed Officer Kitko that lhe (Loehmann) shot RICE.

DETECTIVE DAN LENTZ
•
•
•
•
•
•
•

Interviewed May 28, 2015.
Employed with Cleveland Police for 18 years; CCW instructor; currently assigned
to the First District Detective-Bureau.
On November 22, 2014, h,,wa~ith FBI 8/A. . . . conducting follow up to a
1
bank robbery investigatio ~ ·~))
Responded to the CRC after..:hearing "shots fired" broadcast.
Stated that S/A. begah t'o prdvide medical atte11tion to the wounded male
(RICE}.
'
Checked on Officer
his injuries.
Observed a
wounded male; based on his knowledge
and
that the weapon was real.
were not real.
and started a

•

12 years old .

•

'""''"t1" assigned to First District Patrol.
a short stint in a Vice unit.
~r.~tt<=>r:•~rn!3 11Cast of "shots fired."
arm to protect it from the

•

•

orotce~;s1r1g

setting up the perimeter and m
was completed.

14

crime scene until the

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

CUDELL RECREATION CENTER VIDEO SURVEILLANCE
•
•
•
•
•
•
•
•
•
•
•
•
•

Ten cameras.
Five hours of surveillance video; each beginning at 1100 hours to 1600 hours.
(11 :00 am-4:00pm).
Three cameras located inside the CRC.
Seven cameras located outside CRC.
Cameras may overlap coverage but are separate and function independently.
The date and time appear to be accurate.
Cross referenced time indicated in the cameras with CPO dispatch, witness
statements, and log in
ptured by the CRC.
, 'f\l~intained by the CRC.
All cameras are
The Digital Video
r.(OVR) is located in the CRC main office.
Camera 3 is mounted
~{above the East Entrance/Exit of the CRC and was
obstructed with ice; very
dis~ernible video.
RICE first appears on
which is located on a utility pole outside, with a
view of the gazebo
11:04:49 hours.
RICE is viewed
several different cameras throughout
the day ..,.ro,.r_,n
The U

•

•
•

~nn,nc:."'

from Attorney Walter Mal::liSCin

"The CCPO will make the determination whether any of the above listed
individuals shall be required to testify before a Cuyahoga County Grand Jury.
DOCUMENTS OUTSTANDING
•
•

Video Compilation/enhancement being completed by the O_hio Attorney
General's Office Forensic Audio and Video Analysis .Unit
Photograph comparison from the Cuyahoga County Medicar Examiner's Office.

15

 C/S-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

FINAL NOTES
This investigation was conducted with the purpose of determining, to the extent possible,
the facts and circumstances surrounding this use of deadly force incident. As unbiased
collectors of fact, the Cuyahoga County Sheriffs investigative team has not, and will not, render
any opinion of the legality of the officers' actions. Instead, it is anticipated that this investigation
will provide the basis of information for decisions to be rendered by Cuyahoga County
Prosecutor's Office and/or the Department of Justice.
INVESTIGATIVE FILES CONTENTS

16

 C/S·35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

2. Officer Timothy Loehmann Folder
o
Akron Police Department File
Akron subpoena response
Summary Report

o

Parma Heights Police Department File
Background applicant report
Subpoena satisfied
Subpoena services
Eligibility List
Grand Jury Subpoena

I7

 CIS·35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

•
•
•
•
•
•
•
•

Hiring check list
Summary report
(1 )Cleveland range Officer Urbania conversation
(2) Cleveland range Officer Urbania follow up
(3) Range Reeords provided report
CPO Administratiok documents
Duty weapon identifiers
CPO firearms records
Duty report 11-22-14
OPOTC Records

•
•

•

•
•
•

•
•
•

Complaint withdrawn
Complaint unfounded
Complaint unfounded
Administrative withdrawal
(1) Cleveland Range Officer Urbania conversation
(2) Cleveland Range Officer Urbania follow up
(3) Range Records provided report
Duty weapon identifiers
Eaton v. Guerra
CPO firearms records
18

 CIS.JS

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

•
•
•

OPOTC records
Personnel file
OPOTA subpoena response

4. Tamir Rice File
• Cellular Phone Search
BCI search warrant
Cellular phone extraction report
Cellular phone search warrant

19

 CIS·35

CUYAHOGA COUNTY SHERIFF'S DEPARl"MENT

•
•
•
•
•

•
•
•

Crime scene photo upload report
(1) Interview request additional officers
(2) Interview request additional officers
(3) Interview request additional officers
(4) Interview request additional officers
Cudell Recreation video timeline summary
Garmback-Loehmann duty assignments
Officer Woyma interview

·-

7. Witness File

Summary
OHLEG Forms

•
Leads print out 2 of 3
Leads print out 1 of 3
20

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

Leads print out 3 of 3
Interview (Video)
Summary report
•

Det. Daniel Lentz
(1) Contact attempt
(2) Tentative Interview
(3) Interview follow-up
(4) Interview confirmation
(5) Interview delay
Interview
Interview (Video)
Scene photos

•

•

-

JV Witnesses
Synopsis
. . Interview (Video)
Kabir Bhatia report
part 1 MP3 (Audio)
part 2 MP3 (Audio)
Interview r e q u e s t WKSU . . audio 50 sec. MP3 (Audio)
21

 CIS·35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

WKSU Request
WKSU Summary report
WKSU Grand Jury Subpoena

Synopsis report
MP3 (Audio)
-

father phone call report

•
summary
.._.._._:.....:.r,o photos
•n'~~:~'rv'"''w

(Video)

•

Officer Ricardo Roman
Interview summary
Interview (Video)
Scene photos

•

Officer Tom Griffin
Interview summary
Scene pictures

22

 CIS·35

CUYAHOGA COUNTY SHERIFF'S DEPAR,-MENT

Interview (Video)
•

Officer William Cunningham

Interview request
Synopsis of interview
Cunningham interview (Video)
Grand Jury subpoena

·-

Summary report
OHLEG Forms
-interview

•

•

•

•

•
Interview attempts report

•
Summary report
OHLEG Forms

23

 CIS·35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

•
Folder with 36 photos
Photo report
OHLEG Fonns
Summary report
Phone call report
Message report
-

MP3 (Audio)

Edge Photo of pavilion
Overhead with pavilion roof
Overhead with pavilion roof 1
Overhead with placards
Overhead with placards 1
Start scene
Video1 of Scene
View from passenger front
View from passenger front 1

24

 C/5-35

CUYAHOGA COUNTY SHERIFF'S DEPARTMENT

•
•
•
•

Photos of 2014 Dodge Charger
11 Photos
BCI Report
BCI Video compilation request
SCENE WebShare.pdf

25

 CIS-35

CUYAHOGA COUNTY SHERIFF'S DEPARlrMENT

12.Facebook
• Facebook Profiles
• Tamir Rice Pages

• -Pages
13. General Police Orders
• General Police Order Book (11-21-14)

14. Redacted CPO File
• Homicide File Tamir Rice
•

Tamir Rice witness list

Respe!ctfully Submitted,

26

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

DATE

Detective John Morgan #241

TO

1-23-2015

Sergeant Sharpe

Cudell Recreation Center Subpoena
Lt. Smith, File

On January 23, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company
with Detective David Jacobs, were given an assignment by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
On January 20, 2015 investigators delivered Cuyahoga County Grand Jury Subpoena number 1008380
to Ron FIELDS, Manager of Cudell Recreation Center requesting items from the facility.
On January 23, 2015 investigators returned to the recreation center to retrieve the original Digital Video
Recorder requested, then preceded to the City of Cleveland's Law Department to retrieve the sign in logs
requested from the Cudell Recreation Centerfrom October 1, 2014 through November 23, 2014.
This matter to be further investigated.

Detective John Morgan #241

Cudell Rec sub

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

DATE

Detective John Morgan #241

TO

1-26-2015

Sergeant Sharpe

Transfer of OVR to BCI
Lt. Smith, File

On January 26, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau, writer was
given an assignment by Sergeant Eugene Sharpe to conduct a follow up investigation into a Cleveland Police
Use of Deadly Force incident which occurred on November 22, 2014. The following is result of that
investigation.
On January 23, 2014 writer obtained through Cuyahoga County Grand Jury Subpoena the original Digital
Video Recorder {DVR) from the Cudell Recreation Center which recorded the Use of Deadly Force incident
on November 22, 2014.
On this date writer transported the DVR to Ohio Bureau of Criminal Investigation (OHBCI} located at
4055 Highlander Parkway, Richfield, Ohio and turned over the DVR to Alissa KRAEMER, OHBCI, to place
into evidence at this facility. OHBCI will attempt to recover the original video from the DVR
This matter to be further investigated.

Detective John Morgan #241

DVR toBCI

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15-00004

Detective John Morgan #241

TO

1-29-13

Sergeant Sharpe

Review of Cudell Recreation Center
sign-in logs
Lt. Smith, File

On January 28, 2015.while assigned to the Cuyahoga County Sheriff's Detective Bureau writer was given
an assignment by Sergeant Eugene Sharpe to conduct a follow up investigation into a Cleveland Police Use
of Deadly Force incident which occurred on November 22, 2014. The following is result of that investigation.
On January 23, 2015 writer received the sign-in logs from the Cudell Recreation Center located a11910
West Boulevard, Cleveland, Ohio dated October 1, 2014 through November 23, 2014. Writer searched the
documents to determine how often the decedent in this case, Tamir RICE, used the facilities at the recreation
center. It is important to note that visitors of the recreation center are only required to sign-in not sign-out.
The following is a list of dates and times which Tamir RICE signed in during that time period of October 1.
2014 through November 23, 2014:
·
DATE

TIME

DAY OF THE WEEK

10-03-14

6:35:30pm

Friday

10-21-14

2:30:30pm

Tuesday

10-22-14

4:13:33pm

Wednesday

10-23-14

4:46:18pm

Thursday

10·27-14

4:27:28pm

Monday

10:30:14

4:25:24pm

Thursday

11-01-14

2:18:46pm

Saturday

11-05-14

4:33:56pm

Wednesday

11-06-14

6:42:49pm

Thursday

11-08-14

12:39:41pm

Saturday

11-10-14

4:31:34pm

Monday

11-13-14

4:17:55pm

Thursday

11-14-14

3:17:12pm

Friday

11-15-14

12:10:11pm

11-21-14

4:15:35pm

CudeU log in review records review

Saturday
Friday

 CUYAHOGA COUNTY SHERIFF'S OFFICE

CUDELL RECREATION CENTER DATE TIME LOG CONTINUED:

DATE
11-22-14

TIME
11:05:30am

This matter to be further investigated.

Detective John Morgan #241

Cudelllog in review records review

DAY OF THE WEEK
Saturday

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

DATE

15-00004

Detective John Morgan #241

TO

SUBJECT
COPIES TO

Lt. Smith, File

This matter to be further investigated.

Detective John Morgan #241

CHPD Invest summary of Tamir

Sergeant Sharpe

February 2, 2015

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

DATE

.

Detective John Morgan #241
Interview with Frank Woyma #2495
File

Officer Wyoma Interview

TO

Sergeant Shapre

February 3, 2015

 Mtg-Ila

CUYAHOGA COUNTY OFFICE

 

Detective John Morgan #241

O?icer Wyoma interview

C/S-36

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

15-04 (Tamir Rice)

FROM

James Mackey, Detective

SUBJECT

Subpoena Response from

COPIES TO

File

DATE

TO

Sgt. Sharpe

2/4/15

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

DATE

Detective John Morgan #241

TO

February 10, 2015

Sergeant Sharpe

Facebook.com information
Lt. Smith, File

On February 9, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company
with Detective David Jacobs we were given an assignment by Sergeant Eugene Sharpe to conduct a follow
up investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22 , 2014.
The following is result of that investigation.
On this date investigators met with William GONZALEZ, vice president of the Cleveland Police
Patrolman's Association at his office located at 1303 West 581h Street, Cleveland Ohio.
"~""''"'"'""investigators with manila folder containing what appeared to be a copy of Tamir

Facebook.com profiles and content from their social media web page. The page
is under the screen name of
," and the web page belonging to
Tamir RICE
screen name of ''Tamir Rice."
appeared to have been printed off from
Facebook.com on 11-25 and 11-26-2014 which appeared in the lower right hand comer of the pages.
GONZALES stated that the information contained within the manila folder was sent to Cleveland Police
was said to have
Sergeant Janelle RUTHERFORD from a female only identified as · - located the Facebook.com profiles o f - and Tamir RICE, took screen shots with her mobile cellular
device and forwarded the data to Sergeant RUTHERFORD who then contacted Cleveland Police Homicide
Detective Raymond DIAZ and forwarded the information to Detective DIAZ via electronic mail.
was willing to cooperate with law enforcement in connection
GONZALES continued, stating that ·with this information and provided Sgt. RU'i"H'ERFORD her contact information.

This matter to be further investigated.

Detective John Morgan #241

Facebook profiles

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

DATE

James Mackey, Detective

TO

2/15/15

Sgt. Sharpe

SUBJECT WKSU Request
COPIES TO

File

I was tasked by SGT. Sharpe to contact radio station 89.7 WKSU in regards to a report published on their site by
reporter, Kabir Bhatia. The report originally published on November 23, 2014 is located online at
http://www.wksu.org/news/41097. In the report, filed by Bhatia, he spoke with a juvenile
In
addition to the written recollection by Bhatia there was also about 50 seconds of audio that accompanies the report.
In the a u d i o - said"/ was here with him when he had it and I knew I shouldn't have left cause I told him he had
to be careful with it and it looked real when he had if'. Bhatia also reported t h a t - was the one that took off the
orange cap to the BB gun.
On February 13, 2015 a call was placed to 89.7 WKSU
in regard to this article. I spoke with News
Pi rector Meyer. I informed him that as a part of the ongoing investigation with regards to Tamir Rice I saw
the report published by his news organization. I asked if there was additional audio of the interview that I may have
a copy of or hear first-hand. He was unsure if additional audio exists but informed me I can download the posted
audio from a desk top computer. I also asked if his news organization would make Kabir Bhatia available to speak
with me. I further informed him that I am not seeking the identity of any unnamed or confidential sources, even
though the article only made reference to named sources. He requested that I send him an email with items I
request and he would run it by his legal team.
The published report, audio and my email to Mr. Meyer were placed into the case file.
I will follow up with Mr. Meyer on February 17, 2015.
It is suggested that follow up with

11111/SIJI/111
James Mackey, Detective

be conducted regarding his interaction with T amir Rice.

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

Detective John Morgan #241
Attempted contact with RICE Family/
SUBJECT
Interview
COPIES TO Lt. Smith, File
FROM

DATE

15-00004

TO

February 15, 2015

Sergeant Sharpe

On February 12, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in
company with Detective David Jacobs, we were assigned by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
Investigators attempted to contact Samaria RICE so she may sign a consent form which would authorize
Metro Health Medical Center to release medical records of her son, Tamir RICE. Detectives knocked at the
Cleveland Ohio. After getting
door of the RICE family's previously listed address
no response writer peered through the open window blinds to discover that the residence had been vacated.
In an attempt to ascertain the time frame of when the RICE family moved from the residence,
investigators knocked on the door o f - · - · The door was answered and investigators
conducted the following interview:

- S stated that she has been living at her current residence for approximately 3 years and stated that
she didn't personally know Samaria RICE but was able to recall that the RICE family had moved in around
tax time of 2014. IIIIIs stated that the rice family had moved out at the end of January 2015. She stated
that when the family moved in there were a lot of people helping them move in. She continued, stating, "You
could tell that we were going to have a lot of people living next door."- S explained that you could tell
that there was a lot of extended family involvement in the household.
stated that she didn't really have that much interaction with the RICE family even though she
lived next door to them. She recalled that the kids played ball in the streets and that Tamir was nice to her
stated that he was larger than what she believed to be a
and that he seemed to be a nice kid. normal 12 year old, but stated that if she was walking down the street at night and T amir was walking
towards her, she would not have crossed the street because he didn't seem to be an intimidating person.
Further, she stated that even though he may not had appeared to be 12 years of age by his size, if you
looked close at the way he carried himself and his mannerisms you could tell that he was a young boy.
-stated that she really didn't see much of Tamir's mother, but w h e n - did see his mother,
she thought that Ms. RICE may have worked at a hospital because she would see her wearing scrubs.
stated that she could not really tell investigators who was actually living in the residence because
there were always so many people at the home, but believed that Tamir, his older sister, a baby (Toddler
age), a female (Toddler's mother) and the Ms. RICE were the people living in the residence. believed that the mother was not home a great deal because she didn't see a lot of adult supervision at the
home; she stated that the children were self-sufficient and self-entertaining.

-interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
stated that the day of the shooting she remembered that her husband was out of town ; she had
come home from work and took a nap. ~s stated that due to her pregnancy she had ordered food
around 4 A.M. and noticed that there were a lot of people on the porch of the RICE residence. She stated
that she spoke to them and they appeared to be in a very somber mood. It was later in the day that she
found out that the person who had been shot and died from the incidlent was her next door neighbor, Tamir
RICE.
stated that the landlord of the apartment complex is
contact number of
This matter to be further investigated.

Detective John Morgan #241

and provided a telephone

 2/15/15 , 3:54 PM

Request regarding int erview with Mr. • • • • James Mackey

Request regarding interview with Mr.
James Mackey
Fri 2/13/2015 6:28PM

To~<

Mr. Meyer,
Regarding our phone conversation earlier today. I am inquiring about a report published by Kabir
November 23, 2014. The article is published on your station's site at
. In the article Mr. Bhatia had the~ opportunity to speak with a Mr.
about Tamir Rice. The article also contained audio of M r . As part of the ongoing investigation with regards to Tamir Rice, would you please make Mr. Kabir
Bhatia available to speak with me. In addition would you please provide me a copy of the published
and unpublished audio of the
interview.
·

IIIII-

Please contact me with any questions
if you need any further documentation to

or my cell at
request.

Also let me know

I appreciate any cooperation in this matter.

Thank you,
James Mackey, Detective
Cuyahoga County Sheriffs Department

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 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15..00004

Detective David Jacobs

DATE

TO

02/16/2015

Sergeant Eugene Sharpe

Consent Form signed by Barbara Langhenry
File

On February 3rd, 2015, the writer faxed a "consent to search" form to Barbara Langhenry, Law Director,
City of Cleveland, Law Department. The consent to search was for the DVR received from Cudell Recreation Center.
The DVR was entered into evidence and submitted to the Attorney General Office, Bureau of Criminal Investigations
(BCI), Richfield, Ohio. The BCI submission number is CC-15-3-0017. Langhenry signed the "consent to ·search" form
on February 11, 2015. The signed "consent to search" form was faxed on February 11 , 2015 to BCI, Allan Buxton,
Computer Forensic Specialist. A follow up phone call was made to Allisa, SCI intake stating she received it and put it
to the file for Buxton.
The signed consent to search was scanned to the file and the original will be maintained. All fax receipts
have also been scanned to the file.

Respectfully Submitted,

Detective David Jacobs

Consent (LanghenJY) report

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

Detective David Jacobs

DATE

TO

02/16/2015

Sergeant Eugene Sharpe

Medical Examiner report for Tamir Rice

File

The following information was obtained from Cuyahoga County Medical Examiners' Office {ME) regarding
the death investigation of Tamir RICE, case number IN2014-01991. The aforementioned reports were
reviewed by the writer. A brief synopsis of the report is as follows:
The Pathologist assigned was Doctor Thomas Gilson-M.D. RICE came to his death officially on the 23rd
day of November, 2014 in Metro Health Medical Center and was officially pronounced dead at 12:54 A.M. by
Doctor Patel. Cause of death: gunshot wound of the torso with injuries of a major vessel, intestines and
pelvis. HOMICIDE.
RICE was described as a male, single, aged 12 years, of the Black race; had brown eyes, black hair,
good teeth, was 67 inches in height, weighing 195 pounds; a native of Cleveland, Ohio.
Final diagnoses: Penetrating gunshot wound of the torso with status post-surgical intervention
(perforations of the inferior vena cava and intestines, anamnestic) fracture of pelvis, bullet recovered. An
autopsy was performed on November 241h, 2014, at 11:00 AM. by Dr. Gilson. Refer to ME report for specifics
pertaining to overall health and examinations.
Final opinion: Tamir E. RICE, a 12 year old black adolescent male, died as a result of a gunshot wound to
the abdomen which injured his inferior vena cava, intestines and pelvis. The descendent was shot by law
enforcement during legal intervention.
Toxicology report included did not reveal any illicit drugs present. A follow up interview of Dr. Gilson will
be scheduled to inquire about any and all prescribed medications that may or may not have been present.
A copy of the ME's report has been scanned to the file to include the Toxicology report.

Respectfully Submitted,

Detective David Jacobs #211

ME report synopsis

 C/5·35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

James Mackey, Detective

DATE

TO

2/16/15

Sgt. Sharpe

WKSU Follow Up
File

On February 16, 2015 1received an email from WKSU Executive Director, Dan Skinner. This email was in response
to my request for audio and the opportunity to speak with Reporter Kabir Bhatia in reference to an interview he
conducted with
The email stated he was in receipt of my request and would be forwarding it to Kent
State University General Counsel for review and consideration in terms of the audio request. With regards to
speaking with Reporter Kabir Bhatia he gave me his contact information and was ok with me contacting him.
I attempted to contact Mr. Bhatia at
I was informed that he works Thursday through Sunday, A
voice mail was left requesting he call me regarding his interview and subsequent report.
I will follow up on Thursday February 19, 2015 if I po not hear from him prior.

/IllIIS//11111
James Mackey, Detective

 . . _Interview
At her residence with her s o n By Cuyahoga County Sheriff's Department:
Detective John L. Morgan
Detective Dave Jacobs
February 18, 2015

-

Morgan: So, what urn - how did you come about being involved in this case to begin with,

I was on Facebook. There was like uh, Tamir Rice Memorial; some kind of memorial
page that was popping up on my Facebook. So, I went on there and was reading what - you
know the comments that the people were sayin'. Urn, and there w:as a Sam Rice that made a
comment, and I was wondering if it was his mom; so, I clicked on her name, and scrolled on her
face book. Urn, someone tagged her and a picture of what I thoug!ht was his brother, because it you can tell the resemblance between the picture and Tamir Rice, but the kid in the picture
looked much bigger than the picture I've seen on TV.
Morgan: Which was it- which picture was- that you're describing?

-

There's a boy holding up; yeah, guns.

Morgan: Two guns?
- Y e a h.
Morgan: OK; with uh - do you remember what color t-shirt he had on?
-

ldon't

Morgan: OK.

-

It had to be - maybe an hour later I went to Panini's and ran i n t o -

Morgan: Panini's where?
-

Urn, byKamm's Corner.

Morgan: Kamm's Comer; OK.
Yeah; I ran i n t o - and she asked me ifl heard about what was goin' on, and I like,
"Yeah, J've been following it on the news. Like, matter of a fact, I just seen on Facebook today
urn, a picture of what l thought was Tamir's brother. She said, "Well, would you mind me takin'
a look?" "No;" so, I showed it to her. She's like, I think that's Tamir, and she was like, the kid

 that we seen - she said, the picture they're showing on TV had to lbe from years earlier, because
it was a bigger kid. Tamir, Tamir is a bigger kid.
Morgan: Uh-huh.
And I said, "Well, I- ails I'm goin' - I don't know what lhe looks like. I just seen the
picture on TV." I s a i d , · - used to go to school with him and his brother ...
Morgan: Uh-huh.
me ...

... but Tamir was in a younger grade. He didn't really know him. She said - asked

Morgan: He went to- he went w i t h - or Tamir?
-

Both, but Tamir was in a younger grade.

Morgan: OK.
-

Him and the brother, you guys are the same age; right? Or close to it?
Urn, I don't know.
Same grade?

Morgan: Is that the photo you ...
-

That - yeah, that's the one I seen.

Morgan: And this is the photo of him in a blue shirt - him, being we don't know who. Is it
- o r Tamir?

-

I don't know.

Jacobs: Does your son recognize him?
Morgan: Who's - do you know?
-

Nuh-uh

-

No.

-

N o , - asked me to ask him.

Morgan: What's your son- what's your name?

 Morgan:- You went to school with ...
-

I went to school w i t h -

Morgan: Female?

-No.
Morgan: Who's-

It should be his brother;-

Morgan: -

Rice.

Rice? I never heard of him.

Jacobs: Yeah, they're all T's.
Morgan: Yeah.
-

I went to school w i t h - Rice.
Could it possibly be a cousin?

15:37

Jacobs: Yeah, they have all T's- the family; the child - the 3 boys do and then the sister.

-Yeah.
Jacobs:

-

Tamir, ...

I don 't know. Well, well, he went to the school - one of the Rice's.

Jacobs: What school was it at?
-

Waterson Lake.

Jacobs: Waterson Lake? Is that on the other side of town?
Morgan: Yeah, it is.

- Y e a h.

-

On Detroit -like, 73rd?

 Morgan:

73rd

and Detroit.

Jacobs: OK; alright.
Morgan: Or ...
Anotonio: 76th or 73rd.
Morgan: Yeah; yeah.

-

Oneofthe2.

Morgan: OK.
So, anyway,- asked me to ask him, and he said to me that he thought it looked
more like Tamir, but just more grown up 'cause ...
Morgan: Uh-huh.
-

Tamir was probably second grade then.

Morgan: So, how many actual - when you accessed the page on-liine, you did it from your
mobile phone?
-

Uh-huh.

Morgan: Urn, did you take any shots? Any snapshots?
-

I did, but I don't have - after I sent it t o - I, I believe that I deleted it.

Morgan: It was- you sent it by e-mail, or, or- how many photos ...
The first one- I sent one t o - that same night through text message. The samefrom the same thing that I seen.
Morgan: OK.

14:22

Urn, and something happened to her phone. I don't remember what she happened to her
phone. So, she wanted me to send it to her again through e-mail, and I sent it to her through email.
Morgan: Just the one photo?
-Yeah.

 Jacobs: Did you send it to anybody else other t h a n -

Nuh-uh.

Jacobs: OK.
Morgan: Did you send any other photographs? From like urn, fro.m the Facebook page? Or just
the one?
-

Oh, no, on- I- after that, 1 searched to see ifTamir Rice had a Facebook, and he did.

Urn, his was set to private where his mom's isn't.
Morgan: Uh-huh.
-

So, the only thing that you could see was his uh, profile picture ...

Morgan: OK.
-

... and that was of a gun - his profile picture.

Morgan: His profile picture was of a gun?
-

Yeah; I don't know if it's still up. I can check.

Jacobs: His is down.
-

Uh, yeah, OK; I didn't think they would leave it up.

Jacobs: No.
-

I did send that t o -

Morgan: It was Tamir's Rice?

-Yeah.
Morgan: Tamir Rice - his...
-

Hispage.

Morgan: Profile picture was of a gun.
Yeah; I may have that in my outbox of me - 'cause I didm ' t keep any of it. I sent it to
and then deleted them. Let me look in my outbox.

 Morgan: That would have been in November; like 23rd or 41h.
-

Urn, no this was later on, because her phone got damaged or something.

Morgan: OK.
-

Urn, the day that I sent her the picture was December 91h.

Morgan: December 9th?
-

Yeah; see this is the one that I sent her; oops.

Morgan: So, that's the one you actually sent.
-

Yeah, and then I believe then ...

Morgan: Do you have the e-mail that you sent her?
-

What do you mean, the e-mail?

Morgan: Did you send her an e-mail with other photographs?
-

That's what I'm looking ...

Morgan: OK.
-

... for his uh - I don't have that one in here for some reason.

Jacobs: Are you checking your outbox or the sent, sent e-mail?
-

My sent e-mails.

Jacobs: OK.
-

There's two to her, but they're both the same picture.

Morgan: Do you think you sent one after?
-

I don't know why the one of his profile thing's gone.

Jacobs: Did you send it to her city e-mail or did you send it to her personal?
-

I believe it was her personal.

Jacobs: OK; (inaudible).

 I don't know why that's not on there. Maybe I thought I :sent her both, but I accidently
sent the same one twice.
Jacobs: What was the second one?
at all.

I can look through my pictures, but I don't think I have o1:1e. Don' t even crack that door

Morgan: You've got a couple dogs?
-

Yeah; that one in there she stays to herself.

Morgan: Is the one upstairs a miniature Pinscher?
-

Yeah.

Jacobs: Is it mean?
He's fine if I'm holding him, when you first - he doesn't like when strangers are
standing. So, as long as you're sitting, he's fine.
Jacobs: Yeah.
Morgan: It sounds like he's trying to come through the door?
-

Yeah; he's only 5 pounds. I don't have it anymore. I didn't think I did.

Morgan: Did she say anything to you about what she was going to do with photographs that you
e-mailed to her?
-

Urn, she said she was going to give them to the Detective that was investigating.

Morgan: OK.
-

And then he came. I want to say his last name was Torres; I think.

Jacobs: Diaz?
-Maybe.
Morgan: He came to talk to you?
8:39

Yeah, he - I don't know another guy came. Urn, interviewed both of us.

 Jacobs: Is there anything you told them that you haven' t told us y1~t or .. . ?
-

No, I found the pictures. I showed them t o - I showed them to him, and uh ...

Jacobs: Did you send them to Diaz?
No, when he showed up, he actually had a copy of the one~ of the one you just showed
· me printed out, and asked me ifl ever seen the picture before, and I told him, "Yeah, it's the one
I seen on Facebook."
Jacobs: OK.
-

So, I believed t h a t - must have sent them over to him.

Morgan: Just the- but again, it was just that one photo that you se n t I guess so; yeah. I thought that 1 sent her the one also of his profile picture, but I'm -I
guess I sent her the same picture twice.

-

Morgan: Now, the profile picture, was that on - you said ...
Tamir Rice's page was up at the time. Urn it wasn't - it was private. I couldn't go
through it and see anything. All's I seen was his profile picture. Well, there's a profile picture,
and there's a cover photo. One was of him. The other one was of a gun, but it wasn't a gun like
as if I put the gun here and took a picture of it. It was like urn, like! an animated gun. It was
something that was like uh, not anything that he personally had.
Morgan: OK.

-

It was like he took the picture off the intemets of...

Jacobs: Was it a real gun?
- N o...
Jacobs: Was it a drawing of a gun?
-

... it wasn't. It was not a real gun. It was like, urn ...

Jacobs: Was it a picture of a handshake? When one of the hands was in the shape of a gun?
- N o.
Jacobs: OK.
-

It was a picture ofurn, a revolver, but it wasn't like a real one. It was, uh ...

 Jacobs: Like a drawing?
-

... like a photo shop drawing.

Jacobs: Yeah.
-Animated ...
Jacobs: OK.
-

... type of thing

Jacobs: Huh; so, you don't know Tamir Rice?
-

Idonot.

Jacobs: Do you know his family at all?
-

Notatall.

Jacobs: What about you, son? Did you know Tamir?
-No.
Jacobs: OK, but you thought you maybe k n e w - Rice, or :you did, and thought that may
have been a relative?
-Right.
Jacobs: OK; that would have been from ...
-

'Cause they do look alike. - R i c e and Tamir; they look alike.

Morgan:-Yeah.
Morgan: O r -

lt's-withaD.

Morgan: -

with a D.

Jacobs: It might be a cousin. The name's not familiar.
Morgan: Yeah, it doesn't sound familiar to me.

 -

-

I think they were in - was you 61h or 51h?

6th or one of the two - 61h or 71h.

6:07
-

Tamir was in 2nd or 3rd grade; so ...

Jacobs: How old are you now?
-

Uh, 16; I'll be 17 in June.

Morgan: Alright; so, you're like 4 years older than him; OK.
Jacobs: Anything else you can think of that we didn't ask or - there's nothing that you told Diaz
that we don't know that you didn't talk to us about?
-No.
Jacobs: The purpose of Diaz coming over here was because . . . had told - gave it to him,
and then he wanted to talk to you about it?
-

Yeah.

Jacobs: OK; and when he came to talk to you it was strictly solely about those pictures; it wasn't
anything ...

-

It was strictly about the pictures and about how he might :have knew them.

Jacobs: OK.
Morgan: You all were there that night; right? That evening - that afternoon; the Saturday
afternoon? Nowhere near that proximity?
-No.
-

No, I was over here.

Morgan: OK.
Jacobs: Did you ever go to Cudell?
-Yeah.
-

No, we used to live in that neighborhood.

 Jacobs: OK.
-

We used to live in that neighborhood. We moved over a year; Like 2 years ago?

Morgan: How is it that you came to k n o w - - ?
She was my - a neighbor. Um, I Jived over by where she lives. Urn, I'm trying to
remember. I moved over there 2006.
Morgan: Where'd you used to live?
-

Before there, I Lived off of 50 1h and Bridge.

Morgan: So, when you lived n e a r - where' d you live at?
Oh, there's, urn- on her street there's a dead end street there - River Edge Road.
road is right here. Our streets met.
Morgan: So, it's off of River's Edge?
-Yeah.
Morgan: River Edge Road?
- Y e a h.
Morgan: OK.

I lived there, and whenever I moved from there, is whenever I moved over by Detroit.
And I was off of- over by Detroit for only 2 years before I came back over here.
Morgan: So, basically in a nutshell, what happened was you, you heard about the incident, you
start doing some of your own stuff on Facebook when- and you know, discovered his page; urn,
or what you thought was his page. You saw these photos, you contacted- or you were up
at urn ...
-

Panini's.

Morgan: Panini's up there at West Park; showed
said, "Hey, can you send that
to me?" Urn, and then she forwarded onto Detective Diaz. And then he came and talked to you.
- Y e a h.
Morgan: OK.

 One thing he did ask- or he didn't know until I told him, 'cause whenever said I clicked
on urn, his mom page- they thought that her Facebook was down , and it wasn't. And he sat
here. I showed it to him, and it wasn 't private. You could scroll through all of her posts and
everything. They thought that her page was down.
Morgan: About how soon after these incident occurred on the 22"d, that they actually come and
talk to you?

that.

Urn, it was a while. Uh, I want to say - I think I ran intoi-Iike 2 to 3 weeks after

Morgan: And then you showed her the picture?
-

Uh-huh.

Jacobs: D i d - share any photos with you or anything like that?
-No.
Jacobs: OK.
-

No.

Morgan: And that was the first time she's seen that? And that was 2 to 3 weeks after the
incident?

-Yeah.
Morgan: So, this would have been in December; like mid-Decemlber maybe?
Jacobs: Before Christmas.
-

No, it couldn't have been, because I e-mailed her the pictJUre on the 9th.

Morgan: The 91h of December?
Of December; is what my e-mail said. And the first time I sent it to her was text
message, which bad been like a week earlier. So, it was in between the 22"d and the 91h of
December.
Jacobs: That you met with her?
-Yeah.
Jacobs: OK.

 Yeah, I seen her. Urn, so, it was on a Friday. Urn, the de:tective asked me what day it
was. I told him all I remembered was it was on a Friday; that maybe- would remember.
He said he would ask her. Urn, so ...
Morgan: That's alright if you don't know it. It's nothin' - it's not real important. Thanks for
seemg us.
-

I want to say it was probably the 28th; so, a week later.

Morgan: That you e-mailed it?
-

Urn, no, that I ...

Jacobs: Ran i n t o -

... ran into her.

Morgan: On the 28th?
-

Because, urn, the 91h is a week after that. It was about a week after .. .

Morgan: 28 1h ofNovember?
-

Yeah; I want to say it was around the 281h.

Morgan: OK.
Urn, like I said, I sent it to her first text message, and she said that her phone messed up.
She called me a week later and asked me if I still had it. The phone messed up; so, it was after
that, that I e-mailed them to her, and then I just- I figured that sh~::'s got them on e-mail there's
no way that anything- so, it had to be like the 281h.
Morgan: OK.

-

It was a Friday.

Jacobs: Alright, we appreciate it. If something changes, you have: our number. You can reach
out to us, but we appreciate you sitting down and talkin' to us; thanks.
-

You'rewelcome.

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

02/2212015

Sergeant Eugene Sharpe

FBI request for technical assistance
File

On February 191h, 2015 the writer requested the Cleveland Federal Bureau of Investigation (FBI), crime
scene laboratory to print crime scene photos for the captioned case. The crime scene photos were obtained
from the Cleveland Police Department. The request was made to Ronald Totherow, Cleveland FBI crime lab.
Totherow agreed to print 8 by 11 glossy prints. Totherow advised there is an open case police cooperation
(technical assistance) case for this matter. The prints will be made part of the case file after they are printed.
Respectfully Submitted,

Detective David Jacobs

Crime scene photo request

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

Detective David Jacobs

SUBJECT Review o - documents
COPIES TO

File

DATE

TO

Sergeant Eugene Sharpe

02/22/2015

 CUYAHOGA COUNTY SHERIFF'S O~FFICE

Respectfully Submitted,

DetectiVE! David Jacobs #211

Guidestone Summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

DATE

Detective John Morgan #241

TO

February 24, 2014

Sergeant Sharpe

Search Warrants for cellular telephones
recovered from original CPO Investigation
Lt. Smith, File

On February 23, 2015 while assigned to the Cuyahoga County Sheriffs Detective Bureau, writer was
given an assignment by Sergeant Eugene Sharpe to conduct a follow up investigation into a Cleveland Police
Use of Deadly Force incident which occurred on November 22, 2014. The following is result of that
investigation.
On February 15, 2015 writer in company with Detective JACOBS began the review of the sanitized Use
of Deadly Force Investigation from the City of Cleveland Division of Police which had been received by writer
on February 13, 2015 from the Cuyahoga County Prosecutor's Office. During the review of this file
investigators learned that there two separate cellular telephones which had been identified during the
investigation and these telephones had been turned over to The Ohio Bureau of Criminal Investigation (BCI)
for analysis.
The first telephone, an LG brand cellular telephone was located at the scene, and had been marked by
placard #3 from the scene photographs. The second cellular telephone, a Samsung, was turned over to the
Cleveland Police Homicide Unit by Metro Health Medical Center personnel with the personal property
belonging to the decedent Tamir Rice.
Due to prior Garrity issues, a second search warrant would have to be written to obtain the cellular
telephones forensic examination from BCI. On February 19, 2015 writer met with Assistant Cuyahoga
County Prosecutor Anthony MIRANDA to compose the search warrant.
On February 23, 2015 writer traveled to the Summit County Common Pleas Court and met with The
Honorable Judge Tom PARKER. After reviewing the affidavit, Judge PARKER found sufficient probable
cause to sign the search warrant. Writer then traveled to the BCI regional office located in Richfield, Ohio.
Writer provided a copy of the search warrant to Special Agent Justin A. TOLMAN who in turn provided
writer with a copy of a single compact disk containing the forensic examination of both cellular telephones
along with a three page summary of what was contained on the disc.
This matter to be further investigated.

Detective John Morgan #241

BCI Cellular search warr

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective John Morgan #241
Interview

TO

02-25-2015

Sergeant Sharpe

otllllllll

Lt. Smith. File

On February 18, 2015 while assigned to the Cuyahoga County Sheriffs Detective Bureau and in
company with Detective David Jacobs, were given an assignment by Sergeant Eugene Sharpe to conduct a
follow up investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22,
2014. The following is result of that investigation.
The following is a synopsis of an interview conducted on the above listed date:
INTERVIEW:

stated that sometime after the incident at the Cudell Recreation Center she was on
Facebook.com and stated that some type of Tamir RICE mem~ kept "popping up" on her page. She
stated that she clicked on the page and it took her to the site. . . . . stated that while browsing through
the page, she noticed that a person identified as "Sam Rice" had made a comment on the page.
stated that she then clicked on the link to the "Sam Rice" page and browsed through her
Facebook.com page. She stated that someone had tagged a photograph, of what she believed was his
brother. The picture was of a boy holding two guns. one in each hand. Approximately one hour later she
stated that she went to Panini's in Kamm's Comer and ran into Cleveland Police first district Sergeant, Janell
RUTHERFORD
and RUTHERFORD began a conversation. During this conversation RUTHERFORD asked if
she was aware of what had been going on (referring to Cudell Recreation Center incident) in w h i c h stated that she had been following everything on the news. then informed RUTHERFORD that she
had just located a photograph on Facebook.com of what appeared to be Tamir RICE'S brother.
then showed RUTHERFORD the photograph. After viewing the photograph RUTHERFORD
informed her that the male in the photograph could be Tamir Rice. She continued stating that the male who
was shot at the park looked much older that the photograph which was being shown in the m e d i a . stated that her s o n - used to go to school with Tamir RICE'S older brother.
Investigators produced a the photogra~ounger male holding two guns, one in each hand and
asked if she recognized the photograph; . . . . stated yes that was the ~ the she had located
and sent to RUTHERFORD. ~nt during this interview was her son~ who wa~n
the couch next to his mother. ~ stated that he went to school w ith a male he knew as .. _ _
RICE." When investigators asked a b o u t - R I C E ; - stated. "That should be his brother."
~tors informed
that all of Tamir RICE'S sibling's names began with the letter "T."
. . . . then stated
RICE could be a cousin.

-summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
lnve~ asked- where he went to school with the Rice family in which he replied, "WattersonLake." . . . . stated that RUTHERFORD had requested that she asked her son if he could identify who
was in the photograph. - s t a t e d that she did ask her son and he said, "It looked like Tclmir, just more
grown up."

stated that during that initial conversation with RUTHEFORD she forwarded the pthotograph to
her through a text message. Sometime later she was contacted by RUTHERFORD who informed her that
something had happened to her phone and asked if she could resend her the photograph , but this time send
stated that she sent the one photograph to RUTHEHFORD via
it to her electronic ~ail account. electronic mail.
- s t a t e d that she attempted to locate more photographs on facebook.com. She ne:d attempted
to search Tamir RICE'S facebook.com page but was unable to access his page due to the priv<acy settings
and could only view the profile picture affiliated with Tamir's page. The profile picture of Tamir RICE'S page
was of a gun. She recalled sending that photograph to RUTHERFORD on her personnel electronic mail
account.
stated that the first text message where she sent the picture of someone holding ·the two guns
was shortly after the incident; this original text message had been deleted. She stated that the photograph
was then sent on December 9, 2014 and that she may have sent another photograph via electronic mail but
that communication had been deleted. -attempted to locate the mail's delivery through her sent and
deleted mailboxes but was unable to locate them.
stated that RUTHERFORD informed her that she was going to forward the pictun3s to the
Cleveland Police Homicide Detective investigating this incident. stated that DetectivE~ Diaz and
another detective came to her house and interviewed her about the photograph. She stated th;at the
detective only showed her the one photograph which he had printed out. Again this was the photograph of
the unidentified male holding two guns. Investigators asked if she could remember telling those; detectives
anything different that she has informed investigators during this interview;- replied, "No." However,
she clarified that the photograph of the gun on Tamir RICE'S page was of an animated gun not of a real gun.
For a more detailed account of the interview please refer to the audio recording located within the file.
This matter to be further investigated.

Detective John Morgan #241

• • summary

 February 27,2015

11:00 AM
Interview o
Detective Mackey, Sheriffs Department
Detective Allen, Sheriffs Department
S
FBI
Associate Division Counsel FBI
Chief Division Counsel FBI
Detective Dave Jacobs, Sheriffs Department
Sgt. Eugene Sharpe, Sheriff's Department

Mackey: Urn, we have a 3 page report that I got from Jacobs. I think you- you gave him; is
that correct?
-

That's correct.

Mackey: OK; if you could just go through urn, we got a chance to read it. If you could just go
through and give us a summary; if you want to take a look at it.
-The summary of events that occurred uh, on November 22"d. So, uh, it's the day the Cudell
Park uh, incident involving Cleveland Police Department and Tamir Rice.
Mackey: OK.

-

So, do you want me to kind of- how in depth do you want to go through this?

Mackey: Just uh, if you can just give a summary of what you wro1te, urn, going through it, I see
that, obviously, you're a special agent.
-

Uh-huh.

Mackey: You did some uh, first aide to Tamir; urn, and we' II go tlhrough this and then jump into
some of the other things that you saw or heard ...

-Yeah.
Mackey: ... Urn, and then also after we go through just give you some of your qualifications if
you can ...
Sure; the reason I was out there that day, uh, I was- follow up a bank robbery investigation
that I believe happened that day prior, and l was working with Detective Dan Lentz ...
Mackey: OK.

 ... ofCPD First District; so, uh, like I said, we were involved with a bank robbery. We
received information that identified the individual, and during the ·course of that day, he and I
were just out conducting interviews and attempting to locate the subject.
Mackey: OK.
So, pretty much, we had a stale mate. We had stopped; eat some lunch over uh, by like
117 and Clifton, and we were on our way back to the First District to, uh - he was going to drop
me off, I was going to hop in my car and go home. Urn, and then I'm just gonna (inaudible) ...
Mackey: Sure, no problem.
... if you don't mind. So, then at about 3:30, when we were in the vicinity ofuh, West 117
and Berea, which, like I said, we were at like- I'm sorry- Clifton.. It was like Clifton and 117;
like the diner; right there on the corner.
Mackey: Uh, huh.
So, we're heading back to the First. We heard the, the broadcast over the CPO emergency
dispatch. I recall, it initially was, a, it was a shooting. We initially thought that they were
reporting that someone had shot and a suspect was fleeing. It was kind of the initial - what we
had. Dan and I were driving; we realized that we were in the vici11tity. We kind of looked at
each other. He made uh, u-turn around, and we started heading towards the rec center; kind of,
both of us like OK, let's get the description. Who are we looking :for? 'Cause we're kind of
approaching and that quickly changed just to - qualify it; and said that the, the individual was
shot, and uh, they were requesting uh, fire and EMS response.
Mackey: OK.
-

So, uh, we made out way there; uh, I think we made it there like maybe 3 minutes ...

Mackey: M-m-m.
-

... after the, uh, the uh shooting that happened.

Mackey: OK.
And uh, like I said, I'm just gonna refer back here. Urn, so, as we approached, we, we
could see the uh, the rec center. We could see a CPO vehicle over there. We knew where to go.
We drove up and approached. I think Lentz probably flipped his lights off, and then he got out
and the radio and held us out there. He parked. I jumped out. And uh, my main concern was the
broadcast that they had that the male subject was down.
Mackey: OK.

 •
And they were- I would, you know, multiple times requesting medical aid and that they
step it up.
Mackey: Hm-m-m.
•
So, a, as I approached the officers, I asked for- they had any first aid equipment; medical
gear. Anybody that has any of that, bring it over here, and they didn't have anything. I said,
''OK; well, rubber gloves."
Mackey: M-m-m.
•
A guy threw me a set of gloves. I just walked directly over 1to uh, to Tamir Rice and began
assessing him and doing the medical treatment that I could.
Mackey: OK; so we'll uh, we'll jump into your uh, qualifications.
•

Uh-huh.

Mackey: As far as with the FBl, how long you've been with them?
•

I've been \\lth the FBI since September 2012.

Mackey: OK; and you've always been in the Cleveland field office?
•

lhave.

Mackey: OK.
•

Other than Quantico for training.

Mackey: OK; and where'd you come from before that?
•

I was a ride police officer.

Mackey: A patrolman?
•

Yes.

Mackey: And what the dates for that?
•
Uh, 2010 - I think maybe like January/February 20 I 0 until the uh, the day before reporting
to Quantico, which I think was September 22nd or 23rd...
Mackey: OK.
. . . . of2012.

 Mackey: OK; any other Jaw enforcement experience prior ...
•

No.

Mackey: ... to that? Urn, I see your Marine lanyard there .
•

Yeah.

Mackey: Any military service?
•

I did 4 Y2 years in the Marine Corp., and then uh, Airforce.

Mackey: And urn, how long in the Airforce?
•

I'm still a member of the International Guard.

Mackey: OK.
. S o...
Mackey: Ohio International ...
•

Uh, New York International Guard.

Mackey: OK. What was your MOS?
•

I'm an Airforce (inaudible).

Mackey: What is that?
•

Airforce Special Operations jobs ...

Mackey: OK.
•

So, we basically uh, (inaudible) and combat search and rescue.

Mackey: OK; how does that search rescue to do, uh - get medical training?
•

Yes; yeah, I'm a national registered paramedic.

Mackey: OK; and what does that equate to in the State of Ohio?
•

Uh, being a paramedic.

Mackey: You have to educate me on the levels. There's like basic paramedic- or basic EMT ...

 •
Uh, they just changed it. It was EMT lntermediate/Paramed.ic, and now I think they
changed it to like basic - I think they call it Intermediate/Advanced now, and then, paramedic.
Mackey: OK. And urn, so, this is something that you've not specifically trained for, but- well
you may have, but urn, this is not outside the realm of what you would do as far as giving first
aide to somebody?

.No.
Mackey: Stabilizing them and moving them?

.No.
Mackey: Have you ever been deployed?
•

Yes.

Mackey: Where to?
•

Afghanistan.

Mackey: OK; how long was your deployment?
•

Urn, like 4 months.

Mackey: OK; and that was in the Airforce?
•

Correct.

Mackey: OK.
•

Uh, twenty-ish days or something like that.

Mackey: OK; and in the Marine Corp. what was you MOS?
•
I started out as a infantry man a 03-11 , and then I became a reconnaissance marine. I did
about a year-ish in a live platoon, and then a little bit in a weapons platoon, and then tried out for
reconnaissance and spent the remainder of my career doing that.
Mackey: And coming up to current time with the FBI, what's your current assigrunent?
•
I'm a Special Agent assigned to the Violent Crime Task For,ce, and then the main offense
that I work in specializing would be bank robbery, and I'm also the~ Bank Robbery Coordinator
here for the division.
Mackey: OK. And how long have you been doing that?

 -

I've been on the squad since I've been here.

Mackey: OK.
So, February 2013 or how long has it been? I'll be 3 years in the Bureau this September;
so .. .
Mackey: OK.
-

Uh, I've been in the division, I guess, about 2 years.

Mackey: And do you typically work with Lentz or were you just jumping in with him trying to
help him with a case, or is he on the task force also, or ...
-

If we - we'll assist state and local partners with investigations.

Mackey: OK.
So, a case doesn't necessarily go Federally - we won't make that determination until we,
we figure out kind of the totality of the circumstances and the facts of the case.
Mackey: OK.
That's probably more so with the armed stuff; typically when you get into a situation
where it's an armed bank robbery.
Mackey: M-m-m
-

It's a little uh, higher threshold ...

Mackey: OK.
-

... ofthe U.S. Attorney's Office.

Mackey: OK.
It's not uncommon for me to, to jump in and work with a, a, one of our local partners
during the course of an investigation.
Mackey: OK. So, he's not a, a Task Force member?

-No.
Mackey: He's just somebody you - another agency you're helping out.
-

He's the lead detective on that case.

 Mackey: OK.
•

Or Cleveland Police.

Mackey: OK. So, urn, we' ll show some video here of the parking lot.

•

Yeah.

Mackey: If you can just run through some of the things you were thinking, but if you can just
tell us when you came up on scene ...
•

Uh-huh.

Mackey: ... urn, you got out of your car, you went straight over to Tamir.
•

Yes.

Mackey: What were your first impressions when you got up on the scene? As far as demeanor of
officers, uh, Tamir, the suspect that was shot.
•

Uh, the officer seemed pretty concerned.

Mackey: OK.
•
Obviously, very concerned and uh, I don't want to use the word like- almost like
shellshock; like they didn't know what to do.
Mackey: Uh-huh .
•
And it became pretty evident to me - as I could see him from a distance. I could already
see that uh, part of his uh, looked like his small intestines were eviscerated; so, they were
actually coming out of his uh, his abdomen.
Mackey: OK.
•

It's an incredibly disturbing looking injury.

Mackey: M-m-m.
•
And uh, you could see the level of concern in just these guys. I don't think they knew
what to do.
Mackey: OK .
•

They wanted to do something, but they didn't know what to do.

 Mackey: Uh-huh.
That was kind of my impression. Urn, I believe the, the offi,cer that shot was actually
•
sitting inside a car kind of like holding his ankle. He was kind of i:n pain. It was really my main
concern initially. I kind of focused straight in on Tamir.
Mackey: M-m-m .
•

I mean it was the reason we were showing up there was to assist him.

Mackey: OK; urn, when you came up onto Tamir, did you notice anything about his clothing?
Was there a lot of blood? Little blood?
•

There was no blood that I noticed.

Mackey: OK.

•

So, my first impressions kind of from afar was - I wasn't even sure if he was alive, 'cause

he wasn't moving.
Mackey: Uh-huh.
•
He was just kind of laying there. I could see the evisceration, because his shirt was kind of
pu1led up and his coat was open.
Mackey: OK.
So, uh, I went up to him, and just immediately started to ass•~ss him for, for mas.sive
•
hemorrhage; so, I was trying to see - obviously, we knew it was a gunshot.
Mackey: Uh-huh.
•
And uh, so, I did a quick blood sweep to address any massive hemorrhage, which I didn't
find any.
Mackey: OK.
•

And then, I just kind of went down a- like a typical march protocol to identify life threats.

Mackey: Uh-huh.
•
And uh, I addressed his airway, which uh, he - we're back here. He did end up having
some airway issues; so, urn ...
Mackey: Yeah, ifl read in there correctly, you turned him on his side ...

 •

Butsee ...

Mackey: ... because he was having some (inaudible)
•

. .. but that was uh, but that was later; ...

Mackey: OK.
• . . . not at the initial point.

Mackey: OK.
•
So, urn like I said, lying there motionless on his back on the floor of the pavilion. His coat
was open: Shirt was partially pulled up exposing the abdomen; what appeared to be eviscerated
small intestine. Conducted a blood sweep to address any life threatening hemorrhage, and I did
not see any signs of uh, of any life threatening hemorrhage. I didm't see any blood that I recall.
Mackey: M-m-m.
•
At that point he was- I spoke to him. I told him I was a paramedic, and I was here to help
him. Uh, and that there was an ambulance going to be coming to help him. So, he actually
turned his head and looked at me and acknowledged.
Mackey: OK. Did, urn - when you first walked on him is - you thought he was lifeless at first?
•

Yeah; he wasn't; he wasn't responding. It wasn't until I was right there ...

Mackey: OK; so, he responded to your voice?
•

Correct.

Mackey: OK; at that point. You didn't have to stimulate him by any means or anything .
•

At that point, no.

Mackey: OK.
•
So, you know, I was still moving around checking for blood, and then I began to speak to
him.
Mackey: Uh-huh.
•
And I said, he turned over and acknowledged and looked at me, and he like reached for my
hand.
Mackey: OK.

 •

When I started to talk to him.

Mackey: OK. And your impressions of him as an individual minus the - being on the ground.
Did you walk up thinking, "Hey, this is an old man; young kid"?

•

I though it was like an older teenager; like eighteen-ish.

Mackey: OK.

•

He was, he was big.

Mackey: OK.

•

I think like, maybe like five eight-ish; like 195. I mean the size of a full-grown man.

Mackey: OK; so, you um, administered first aid to him?
•

Correct.

Mackey: And this is - have you ever seen an injury like this before?
•

Yes.

Mackey: So you had familiarization on what to do and .. .?

•

Yes.

Mackey: OK; urn, with the tools that you had available to you, um, did you- is there anything
else you could have done? From your aspect looking back at it?
•
The reality is an injury like that, he needs bright lights and cold surgical steel. He needs a
surgeon ...
Mackey: OK.
•
. . . to repair that. That's not something that, you know, an ambulance resource; I mean, he
needs to go to surgery. That's the end all result. That' s the only thing that's going to repair the
damage.
Mackey: OK.
•
The only thing we were doing on scene was- he eventually had issues with keeping his
airway open, and just trying to keep him alive long enough to get him to the hospital, but he
needed blood products, and be needed surgery. That's ultimately the only thing that would save
him.

 Mackey: OK. And urn, if I'm not mistaken, you jumped in with Lentz; you were riding around
in his vehicle?
•

Correct..

Mackey: Urn, do you nonnally travel if you're in your vehicle, travel with any medical
equipment or anything like that?
•

I, I do have a med pack that I have in my vehicle.

Mackey: OK. If you had that med pack, do you think it would have changed the- and not that
you're a doctor or anything, but from your experience; do you think ...
Unidentified Interviewer: I think we'd like to stick to what happened that day.
Mackey: OK.

I. could have done, or

Unidentified Interviewer: Instead of any speculation about what
should have done.
Mackey: No problem.
Unidentified Interviewer: Thanks.

Mackey: Urn, so you're going up looking at- you're attending to him; doing the first aid. Is he
saying anything to you outside of. ..
•

He did make a statement; so, urn, in a routine thing, I usually like to ask people their name.

Mackey: Uh-huh.
•
'Cause to me, you ask somebody what happens, you could kind of get a convoluted thing;
so, I like to know what happens, but I like to ask people their nam<:: first. If you don't know your
name, you can obviously tell somebody is altered which raises your kind of index of suspicion of
what's going on in terms of their- are they falling into a shock? Are they compensating? Are
they de-compensating? I ask him his nan1e. He tells me his name,. and uh, he did make a
reference to like uh, his gun.
Mackey: Uh-huh .
•

I wrote it down in here. Urn ...

Mackey: Do you remember - if you don't remember exactly ...
•

I don't remember the exact phrase.

 Mackey: ... the phrase.
•
In here, if you read it, it was- at that time it wasn't my main concern. I was dealing with a
critically injured uh, young man, that was more my, my, my conce:m here. I asked him his name
which he replied to me- told me, and then he said that he was shot, and he made a reference to
his uh, regarding like a gun or a question, like, "Where's my gun? Or my gun; I can't remember
exactly what it was. I just remembered that he made a reference to a firearm.
Mackey: OK. Urn, about how long- and in your report he goes - for lack of a better term, he
goes out of it?
•

Yes.

Mackey: Unconscious? Or is he just on the verge of unconscious1ness?
•
I mean at this point, he's, he's kind of oriented to what I'm saying, but pretty quickly after
that he starts to deteriorate.

Mackey: OK; OK; urn, did you receive any help from any of the officers or ...
•

I did actually, at one point, urn, once he started kind of a loosing consciousness and the

airway became an issue ...
Mackey: (Jh-huh .
. . . I actually asked one of the other officers to assist me. And there was actually the
evisceration it actually when I first came up it was still kind of oozing and protruding out a little
bit.

•

Mackey: OK
•

So, I had covered it up with my hand to try to prevent that. ..

Mackey: OK.
. .. and uh, I needed two hands; so, I asked one of the officers to put his hand over that and
•
support it, which he did. I didn't realize at the time, but it was actually, I'm almost positive it
was the training officer. The guy that was driving ...
Mackey: OK.
•

. .. that, that assisted.

Mackey: Can you describe him at all?

•

 •
White male, brown hair, uh, height wise, I think he was shor1er than I was, and uh,
probably about 40 - 50 pounds heavier than me; a little, a little bit of a gut around him; about
40's.
Mackey: And how tall are you?
•

I'm 5' 10".

Mackey: Oh, OK; so, shorter than 5' 10"?
•

Yeah.

Mackey: Did you notice anything on his shoulder; any stripes or anything like that?
•

I don't recall.

Mackey: OK; urn, when youore working on Tamir, urn, is there any activity- are you solely
concentrating on him or are you aware of what's going on around you?
•
I'm, I'm pretty concentrated on him, but I, I am aware of some of the things that are
occurring around.
Mackey: Uh-huh .
•

So, uh, the gal in the vehicle that was his sister, ...

Mackey: M-m-m.
•

. .. I learned later; I mean, she was screaming pretty franticalll y.

Mackey: OK.
•
So, and I actually to the point where - I actually overheard her say at one point, like, "He's
twelve." I remember thinking to myself, I'm like, "There's no way." And I looked at his face,
I'm like, "Yeah." He's got a young looking face, but I mean, I- if you never told me that, I'd of
never thought that -based on his size ...
Mackey: Yeah.
•
. .. that he was that young. So, that was actually, kind of, it to•ok me for a second; I'm like,
"Wow; OK."
Mackey: OK; urn, any other comments that you overheard while you were working on him. I
know that' s not your focus of attention ...
•

Right.

 Mackey: ... but. ..
Now, the one point, his brother came up and uh, I mean, I re:member working on him and
seeing this guy stonn up, and he was threatening CPD, and had to stop and look and I think I said
like, "Hey, somebody going to deal vvith this."
Mackey: M-m-m
-

He was storming right up towards us, like ready to fight.

Mackey: OK; was he coming from the, the, rec center side or dif[ierent area?
Urn, so rec center would be behind me. We're on the pavilion. Uh, yeah, he wouJd have
been coming kind of away from the rec center, like across the street.
Mackey: OK.
Trying to get my, my uh, my directions oriented. said, rec center, pavilion, we're here;
he's kind of comin' from this angle here.
Mackey: OK; like CVS area? Like Madison?
-

Yeah, like Madison Road.

Mackey: OK.
-

That area; or just like storming up; pretty aggressive.

Mackey: Did you recall him saying anything specifically?
-

I, I just - it was like he was threatening CPD; like... Let me look in here.

Unidentified Interviewer: I don't think there was much mentioned! uh, .. .
-

I can't remember exact - I mean it was- it was threatening.

Mackey: OK.
-

It was enough, like I said, I remember looking up and I think 1 said to someone like, "Hey,

is somebody going to deal with this?"
Mackey: Yeah.
-

Like 1 figured - I, I was - I mean, I felt threatened.

Mackey: OK.

 •

It wasn't a situation where I wanted to be uh, you know, uh, exposed.

Mackey: Uh-huh.
•

The guy was angry, and clearly, in my opinion, looking to hurt somebody.

Mackey: OK; did anyone that you're aware of deal with him?

. 1 , 1, I'm pretty sure Lentz went up and Lentz; maybe another officer went up and dealt with
it.
Mackey: OK; alright; so, urn, you're working on Tamir. You're administering the first aid, urn,
who's the first to arrive, as far as any other medical personnel?
•

Fire.

Mackey: Fire? OK.
•
I don't remember the exact engine number or the truck, but iit was uh, fire arrived and two
firefighters came up.
Mackey: OK; at any point did the take over care for Tamir?
•

They assisted.

Mackey: Assisted; OK; alright; were they jumping in and .. .
•

They're EMT Basics.

Mackey: OK.
•

In terms of like - I mean I - it'd be unethical for me to walk away with a lower level care.

Mackey: OK; did they administer anything else other than what y1ou were doing? Did they start
working on him to?
•
I told them what I had; what the situation was. Uh, I was dealing with an airway issue.
asked, requested airway adjunct, suction, and oxygen to try to mamage his airway. Never got an
airway adjunct, but they did give me the suction and some 02.
Mackey: OK.
I suctioned him out; kind of rolled him over to, to let some of the fluid drain out, and put
•
02 on him.

 Mackey: OK.
And then uh, at one point I, I just recall I was reassessing- the radial pulse was gone,
which to me, is a precure like he is going into de-compensated sho·ck.
Mackey: M-m-m
And correlates with his, his dropping in systolic blood pressure. I had mentioned that to
them. I was actually having problems finding the carotid pulse. I thought I was going to have to
start administering CPR.
Mackey: M-m-m.
And we found carotid, and the hooked him up to a monitor, and they were also getting a
pulse on theirs; so, between palpation and the instruments we established that the heart was still
beating.
Mackey: Urn, how long after that do you think - just your estimation, urn, paramedics arrived,
I'm assuming, after.

-Yeah.
Mackey: About how long do you think?
-

Uh, I don't - 3 minutes ...

Mackey: OK.
-

.. .4 minutes. I was there on scene for like 18 minutes total.

Mackey: OK.

- S o...
Mackey: Urn, when the paramedics arrived did you continue to as.sist?
-

ldid.

Mackey: OK.
Actually, I, I'm trying to recall the guys name, but, a, it's a medic that I've worked with
and dealt with several times before. He's one of the tactical medic:s for CPD SWAT.
Mackey: OK.
-

It was good to see a familiar face, and I think that was kind of a likewise thing.

 Mackey: M-m-m.
•

I gave him an assessment or a rather a patient report.

Mackey: Uh-huh.
•
And then uh, tell him what we have, and we need to get him out of here. Loaded him up,
and uh, back of the ambulance; "You guys need some help?" And they're like, "Yeah, you want
to change your gloves out?" I tried to assist them, and at that point the firefighter - one of them
told me you're not cleared to work with the City of Cleveland; so, he'd get off the ambulance.
Mackey: OK.
•

And uh, I was going to sit there and argue, like, "You need to get to the hospital.''

Mackey: Yeah.
•

Two paramedics - that's equal or a greater level of care; so ....

Mackey: OK.
•

. .. hey, it's your show.

Mackey: OK; alrighty; urn, and then after you fmished care with Tamir...
•

Right.

Mackey: ... administered urn, the first aid that you gave him. Urn,. just from your knowledge,
was there any - in your dealing with Cleveland, was there any other officers that were other
EMT's or paramedics or anything like that? OK; alright. Urn, so you leave the ambulance, urn,
and then what's your activities after that?
•
Uh, walked around the ambulance and; I think actually, his mother came up, and we were
like, "Hey, you can't go in the back there." I walked over with Lentz, urn, linked up with CPO, I
think Lentz said he spoke to the sister in back of the car; like they spoke to her. Urn, I remember
the mother got into the ambulance. I think in the front right passenger, and uh, I think she was
talking to someone or like on the phone. Just kind of like nonchalant. Like, "He's going to the
hospital ... ;" whatever; something like that. I can't remember the exact- I don't know if she was
talking to- on the phone or the medic or what.
Mackey: OK.
•
But, there was some conversation that I thought it seemed like she was talking to the guy
sitting next to him. She was- I don't remember if I saw phone, but she was on the phone talking
with someone.

 Mackey: Did she seem concerned at all?
-

I mean, people react differently.

Mackey: Yeah.
I mean, I - my wife; we'd probably have a different respons·e if that was my child laying
there.

Mackey: OK.
So, I -I don't know her. l don't know what her situation is. I thought maybe she' d be a
little more concerned.
25:17
Mackey: Yeah, urn, we'll go pull the video up. Just looking at th(~ video after you ...
•

Yeah.

Mackey: ... your care with Tamir. lt looks like you went and talked to the female that was in
back of the police car .. .
- Yeah.
Mackey: ... with Lentz.
-Yes.
Mackey: And then also, urn, it looked like you went over to, urn, the car that Loehman was
sitting in.

•

I did. I did go over, and I assessed him. He was injured.

Mackey: OK.
•

I wrote that down in the statement.

Mackey: Yeah.
•
So, L went up and - He did say some things to me, and if we can go over that. I wrote it
down.
Mackey: What all did he say to you; just off. .. ?

 •
I don't want to -I'll just read exactly. So, I went over there; urn. So, J asked him if he
was OK. When I went up, he looked distraught, and he looked like he was in a significant
amount of pain. He was kind of like; like holding his leg up and his ankle.
Mackey: Uh-huh.
•
So, I asked him, "Hey, are you OK?" And I told him that there's going be another
ambulance here to transfer him to the hospital. And uh, he said he:'d be OK until EMS arrived,
and he didn't require any uh, medical treatment.
Mackey: OK .
•
And uh, then he said, like he made this spontaneous utteranc:e that like, "He bad a gun and
he reached for it."
Mackey: OK.
•

And uh, he seemed pretty distraught.

Mackey: OK.
•

About the whole situation.

Mackey: Distraught as, as far as - have you been around people in combat. ..
•

Yeah.

Mackey: ... urn, that fired their weapons before? Urn, is it like uh, shell shock type reaction or
is it a ...

•

I just think it's, uh- I can't speak to his mind set. I mean, I don't think he was jumping

for joy over the situation.
Mackey: OK.
He seemed like a guy that was put in a very difficult situation and had to make a very
•
quick decision based upon, you know, what he believed was a imminent fear of death or serious
physical injury to himself, and he reacted to it. Either way, I don't think it was a position he
wanted to be put in.
Mackey: OK; did- outside of he had a gun; (inaudible) he had a gun, was there anything else ...
•

He said, uh ...

Mackey: ... that he mentioned to you?

 •

He said uh, he had a gun and uh, he reached for it after he told him to show him his hands.

Mackey: OK; urn .. .
•

That's why, I'm like. "I'm just here to make sure you 're OK;" like that's ...

Mackey: OK.
•

Like ...

Mackey: When you went up on scene originally, did you see any :gun at all?
•

I never saw the gun.

Mackey: OK.
•
So, when I went towards Tamir, uh, Lentz focused on securing the crime scene, and uh, he
dealt with the weapon. So, I never even actually laid eyes on it. Like I said, it was - what's
going on; I'm looking at uh, Tamir; trying to assess him as I'm walking up, and I'm trying to get
any type of resources that I can ...
Mackey: OK.
•

. .. to deal wilh the issue.

Mackey: OK; urn, you mentioned that you had spoke to the sister that was in the back of the
police car. Urn, or you were there ...
•

Yeah.

Mackey: ... when Les was talking to her. Did you overhear anything that the sister was saying?
•
They just - really like what I recall; I don't recall any specifics. It was just kind ofuh,
they were explaining, like, do you understand why, why this happened; why you were in
handcuffs? It was how you were reacting, and, and uh, I think the:y were trying to explain that
they're trying to help her brother and it's not helping when people are screaming and running in,
and charging people.
Mackey: OK.
•
So, that, that's basically what it was. They were just saying - explaining why it happened,
and she's like I understand, and ...
Mackey: OK.
•

. .. uh, I'm pretty sure she was released after that.

 Mackey: OK; when you arrived on scene, she was already sitting in the back of the car?

•

Yes.

Mackey: OK; ok, let me just pull this up just to make ...
Unidentified Interviewer: While he's; while he's getting the video together, I just have a few
questions ...
•

Yeah.

20:11
Unidentified Interviewer: .. . for you as well. Urn, have you ever met any of the officers prior to
this date; when you arrived on scene.
•

Other than uh, Dan Lentz, I don't remember each and every person uh, Loehman ...

Unidentified Interviewer: Just Loehman and his trainer?
•

As far as, I mean, could they have been in a bank robbery or something?

Unidentified Interviewer: Right.
•

I don't recall ever meeting them or ...

Unidentified Interviewer: But you didn't know neither one ofthem personally or?
. N o...

Unidentified Interviewer: Oh, OK.
•

,,1 don't know either of them personally.

Unidentified Interviewer: When you originally received a call - 01r you heard the call when you
were with Lentz, how long do you think it took you guys to arrive from when you were on 1171h
and Madison to, to, a Canal?
•

We got there probably like 3 minutes after the shooting.

Unidentified Interviewer: OK .
•

That's my recollection. I mean it was; like I said, we were close; urn, maybe like a mile.

Unidentified Interviewer: OK.

 •

A mile; a little over a mile away.

Unidentified Interviewer: And when you urn, first started treating Tamir, how was his body
positioned? Was he on the concrete; part slab? Was he on the grass? Was he close to the car
or ...
•

He was on the concrete.

Unidentified Interviewer: On the concrete; face down; on his back; do you recall?
•

Faceup.

Unidentified Interviewer: OK. You already mentioned that Loehman was- appeared to be
injured?
•

Yes.

Unidentified Interviewer: Did he explain as to why he was injured or how he got injured?
•

He said that he - mentioned he fell.

Unidentified Interviewer: He fell;. OK. Now, have you seen this video he's about to show you
before?
•

I've seen what was released on the news.

Unidentified Interviewer: OK.
Earl: That part.
Mackey: I'm not sure what, what all you saw. This is - I'm going to show you as soon this
computer loads up. I'm going to show you just the- on your arrival ...
•

Uh-huh.

Mackey: ... and just your duration. And this is the uh, when you arrived, you parked your car,
from what I can see - or Lentz parked the car in that turn around - that oval area.
•

Yeah.

Mackey: Right by the pavilion.
I just remembered when we came in, you can see the car and I think he turns it- he flashes
the lights and he turns it - I don't even - I don't even think the thing stopped before I popped
out.

•

 Mackey: OK; this urn, this camera position is going to be- behind the driver side, there's a
telephone pole. It's going to be uh, in the parking lot facing the urn - let me get to that time
period here.
Unidentified Interviewer: Did you want this?
•

That's the angle they released on the news I think.

Mackey: Yeah, yeah. Move that so the computer's not uh ... OK; I'm just scrolling up to about
15:34 - the time period here. Let's see I may have gone too far. I think this is the car you were

m.
L7:55

•

Yes.

Mackey: Impala or something like that. So, 15:34: ll; and is that you?
•

Yes.

Mackey: OK. So, you're walking up to the officer's-what are you saying to them?
•
Flag - like, what medical gear do you have? Give me your first aid kits and the medical
equipment you have.
Mackey: OK.
•
They're like uh, we don't have any. I said, "How about some gloves?, And uh, a guy
threw me a pair of gloves. I just went straight in there to uh, to hellp out from there.
Mackey: OK; have you worked with Lentz in the past?
•

Yes.

Mackey: OK; so, you're, you're workin' on him right now.
•

Yes; so, I'd be - I'm down here ...

Mackey: OK.
• . . .on my knees. I was crouched down and just - figure out what was going on and how to
best help him.
Mackey: Let's speed this up a little bit. I think you're back there for a little while. Any other
officers besides Lentz did you recognize that were on scene?

 •

No, no, not - I may have seen the sergeant before - the female sergeant.

Mackey: OK.
•
But, uh, like I said, I deal with bank robberies. Like, I don't respond to a lot of stuff, and ,
and, uh, so I do see and work with a lot of CPD officers, but other than Lentz, they'll be out there
- jumped out or uh, I had their numbers in my phone or ...
Mackey: There'll be familiar faces, maybe, but no personal relations.
•
Somebody out there I may have bumped into at a bank robbc~ry or, or of something of that
nature, but- when it's (inaudible).
Mackey: OK. That's fire corning up at 15:38, and they're assisting and doing their assessments
and ...
•

They came up. I said, "This is the situation." Urn, told them what was goin' on, and uh,

Mackey: Oxygen and all that.
•

Yeah, I started requesting ...

Unidentified Interviewer: What's that?
Unidentified Interviewer: Take your hand away from your mouth,. 'cause you're covering what
you're saying.
•

Sorry.

Mackey: And, you have to forgive my ignorance on this, but so your main purp -well, any
paramedic or EMT, their main purpose is to stabilize them for transport and get them - get them
out of there as quick as possible? As much as you can stabilize.
•

I think that- I think that there are situations I - I ...

Unidentified Interviewer: Let's talk about this situation.
•

This situation.

Unidentified Interviewer: When you got on scene, what did you intend to do?
•

I intended to stabilize him ...

Mackey: OK.

 ... as best I could until EMS could get there and have him be transported. I think that it
would have been - I think it would have been counter-productive to throw him in the back of a
police car ...
Mackey: OK.
... and jar him around. I think that would have led to uh, poor patient outcome, and
unfortunately, in this situation there was one despite their efforts with (inaudible) surgery, but I
think that would have made the situation worse.
Mackey: OK; do you know what was happening here when everyone started going away at
15:41?
-

That's when - maybe when the brother storms up?

Mackey: OK.
-

Possibly; 'cause he would have been coming from this direction.

Mackey: The right hand side of the screen?
-

From what I recall; yeah.

12:54

Mackey: OK; and EMS arrives with their stretcher there?
l think- there's a point too; while I was providing medical aid- J'm. not sure- actually
when I said, "Hey, you need to get EMS here ...

Mackey: Uh-huh.
... we need to get him out of here." And uh, they sent another request in for EMS to speed
up their, their uh, response.

.

Mackey: OK; this is you. They're taking him out at ...
-Yes.
Mackey: ... at 15:43.
12:13
Mackey: At this point is he still responsive; unresponsive?

 •
So, then he- kind oftowards the end there; so, get the airway open; suction it, and he's
just; now, it's just kind of response to the pain and this agitated kind of moving around;
moaning, but, but not- couldn't ask him a question or-

IIIII

Unidentified Interviewer: Well,
when, when is that trait? Is that when - is that before fire
gets there, after fire gets there, before EMS gets there, after EMS ....
•

So, fire, fire was there - fire was there; he started getting a}t,ered.

Unidentified Interviewer: OK.
•
Until, he, he - like I said, the ub, the real pulse goes away; he loses consciousness- that
was first and urn, I recessed him, and (inaudible) and he just kind of- once we cleared his
airway, got some 02 on him and it just was kind of a like groaning agitated ...
Mackey: OK.
• . . . but not uh, he wasn't uh, oriented to what was going on at that point.
Mackey: That's when; so, that deterioration was when fire arrived!. It went back and forth ...
•

Like I said, its, it was kind ofuh- ifl look back at it, it was a progressive thing.

Mackey: M-m-m.

•
Which makes sense, given the fact that - from my understanding now, based on - when I
looked at the coroner's report, was uh, his superior, or inferior (inamdible) was nicked, ...
Mackey: M-m-m
•
. .. and so, he was losing a lot of blood internally; so, it kind of makes sense, I think when
you look at the time period, and then, the symptoms and the presentation where his radial pulse
goes away.
Mackey: Right.
•
His blood pressure is obviously dropping, and uh, just causing a lack of profusion to the
tissues and the brain, and you can kind of see that when you look att everything together.
Unidentified Interviewer: Did any of the CPD officers or anyone on scene mention urn, taking
him in a vehicle to the hospital prior to anyone else arriving?
•

No, and I wouldn't have done that.

Unidentified Interviewer: OK.

 •
I think that that - I think that would have led to a, a, a poor outcome. If you'd ofjust - or
if they'd have just thrown him in a vehicle, he probably wouldn't Jhave been breathing. So,
you're cramped in the back of a vehicle, you know; based upon wlhat I was dealing with on the
ground. He was having- he couldn't maintain his own airway. So, if you threw him in the back
of a vehicle all crunched up ...
Mackey: Yeah .
. . .I absolutely don't think he'd be maintaining his own airway. I think they would have
gotten him to the hospital, you know, 5 - 10 minutes later. ..

•

Mackey: Yeah .
•

.. .and he wouldn't have been breathin'.

Mackey: OK.
•
That's, that's my - that's my opinion. l never- I've never favored like a load and go
approach ...
Mackey: Uh-huh.
•
. . . in a city. I think that, that leads to poor patient outcome. JFor a rural environment, and
the hospital is 20 minutes away- 30 minutes away, and there' s that type of response time for an
ambulance to get there ...
Mackey: Yeah.
•
. ..then it makes sense to maybe load somebody up, and logistically work with.EMS to try
to meet at a closer location, but a, within a city with the response times, l don't think that that
would be warranted.
Unidentified Interviewer: Well, as to this situation though,
this situation and not a hypothetical ...

IIIII

Is that your opinion related to

•
This situation right here, I think throwing him in the back of the police car would not have
been the right thing to do.
Mackey: OK.
•

And I would not - I did not advocate doing that. And I'm glad they didn't do it.

Mackey: Alright. Uh, 15:45; is this you entering the uh ...
•

That'sme.

 Mackey: OK.
(8:34)

•
You know what? I pulled my coat off when I got in the back of the ambulance, 'cause it's
like 100 degrees in there.
Mackey: OK; alright, and you're goin' up to the uh, patrol car where the sister's ...
•

Actually, I'm walkin' up to Lentz.

Mackey: OK; and what are you guys talkin' about there? Anything that you can recall?
•
I don't, I don't, I don't recall. Like I said, there's a point where- I don't know if it's now
or you see the door open, and they talk to her. And like I said, to my recollection it was there they're explaining, "Hey, this is why this happened." And I may have said - I think I did tell
her, I said, you know, "This is very serious - your brother. It's a serious injury, but he's on his
way to the hospital. They're aware that he's coming. This is probably the best situation. He's
goin' to be there, probably with a trauma surgeon, in under an hour."
Mackey: OK.
•

So ...

Mackey: You guys, urn, start walkin' at 15 :46. You start walkin' towards the upper right of the
screen, and you're goin' to be goin' off camera here. Do you know what you were doin' over
here?
•

l don't know.

Mackey: OK.
•

I think I was just followin' uh, Dan Lentz, as I recall.

Mackey: And do you recall what he was doin' as far as talkin' to anyone or ... ?
. N o.
Mackey: OK.
•

No. I - I, everything was related to the uh, crime scene here, and ...

Mackey: I'll speed it up to ...
•

You know right back here.

 Mackey: Uh-huh.
•

I think we actually lifted up the crime scene tape for a vehiclle - a police vehicle to leave.

Mackey: OK.
Unidentified Interviewer: Earlier you mentioned spontaneous utterance, and you'll get to a piont
in here where he'll probably ask you a few questions .
•

Yeah.

Unidentified Interviewer: Trans- what is your meaning of spontaneous utterance?
•

Uh, I did not solicit any information to him, he just came out and said it.

Unidentified Interviewer: OK.

•
I wasn't asking him any questions related to this, this whole thing. He just- when I came
up - you're referring to when I ...
Unidentified Interviewer: Right; he' ll get into it, ...
•

OK.

Unidentified Interviewer: ... 'cause you' ll probably be a portion where you're coming do\\'11 to
the car, and ...
Mackey: Is this you right here?

•

Yes.

Mackey: I think you just lift the tape for that.. .
•

Uh-huh.

Mackey: ... vehicle that was leaving. So, uh, 15:48, you come up to this patrol car here ...
•

Uh-huh; he's seated in there.

Mackey: ... and that's Loehman sittin' in the car?
•

Right.

Mackey: OK.

 You know, I made a mistake in before when he was in there. Like 1 said, when I
approached the scene, my main concern was: what's the medical c!quipment and ...
Unidentified Interviewer: (inaudible)
...and yeah, and the patient, but I'm tryin' to get uh, uh, the best impression that I can as I
approach; gather as much infonnation, and get any resources that J[ can there to start solving the
medical problem.
Mackey: OK; and at urn, you walked away from this vehicle here that the otlicer was sitting in
with the injured ankle. You walked up to this- the responding.. .
-Alright...
Mackey: .. .you're seeing the back door right now.
-

... the doors open; so, this is where the sister is.

Mackey: Uh·huh, and at this point, were you - do you recall what you were sayin' there or her
sayin' to you?
This is probably - I think she was askin' about her brother, and I - I was explaining that it
was a very senous mJury, ...
Mackey: OK.
-

.. . but he's on his way to the hospital.

Mackey: OK.
-

He's goin' to get the help that he needs.

Mackey: And it looks like Lentz, I think, is in the doorway there, too.
- Yeah.
Mackey: OK.
And he was, he was speaking to her, too, and I think -like I said. What I recall is- I was
explaining, this is why you're put in the, in the police car.
Mackey: Uh·huh.
To try to give her an understanding and calm her down, and she was. She was calming
down, you know. "If you're going to be calm, we want to let you out of here. You just need to
calm down."

 Mackey: OK; and you and Letnz were up here chit-chatting; it looks like. Do you remember
anything you were talkin' about?
So, I think over here, this is when we were both like, OK; well, let's look around.

-

Mackey: Uh-huh.

-

Is there any camera footage like the rec center? And I think we're like Iookin' around, and
then you can see there's a plant. I think where we're pointing it's like, 'cause J remember like,
"Hey, there's a fish-eye camera on the side of the rec center. We should have somebody go in
there and see if there's video recording."
Mackey: OK; and uh, around 15:50 it looks like Lentz goes up to the vehicle that the officer
with the injured ankle's in, and you do as well. Do you remember anything that was being
discussed here?

-No.
Mackey: Specifically ...

-No.
Mackey: OK; do you remember overhearing uh, the patrolman with the injured ankle talkin' to
anyone else?

.No.
Mackey: Overhearing anything he was saying?

.No.
Mackey: Right now, how would you describe his demeanor if yoUI recall from your chattin' with
him?
Distraught; he's in pain.

-

Mackey: OK.
I think it was a uh, a, very difficult situation for him to deal with, and, and, you know,

-

probably now as the adrenaline is wearing off, I think the realization is kicking in that he just had
to shoot somebody.

3:13
Mackey: Uh-huh.

 •

He seemed distraught about it.

Mackey: OK. When you were on ...
•

At least that's my opinion. I'm not. ..

Mackey: Yeah.
•

.. .in his head; his brain and what's goin' on.

Mackey: Absolutely understandable. When you were on scene he~re , again you never saw any
weapon in question?
•

I did not.

Mackey: OK.
•

I never saw the weapon.

Mackey: Do you recall hearing anything about urn, that there was a weapon ...
•

Yes.

Mackey: ... there was a knife or anything like that.
•
No, I don't recall anything about a knife. I heard a weapon, and uh, and then it waseverybody thought, I think, it was a real weapon until- I think Lentz may have been the one that
actually recovered it and cleared it.
Mackey: OK .
•

And it's like, it looks like a real weapon.

Mackey: OK .
•

Everybody thought they did until they got in custody. I never laid eyes on it.

Mackey: OK.
•

The only time I saw for sure the weapon was on the news ...

Mackey: OK .
•

.. .afterwards, because I didn't see it on scene.

 Mackey: Alright.
Unidentified Interviewer: Did you hear the sister mention anything about a weapon or making
any threats while you were near the car?
•
I, I don't remember. I don't remember hearing her say anytlhing about that. The onlylike [said, the threats were from- we figured out later with the brother ...
Unidentified Interviewer: Right.
Unidentified Interviewer: Did you at any point while you were on scene kind of get a little
nervous yourself in reference to your safety, because ...
•

When he was approaching ...

Unidentified Interviewer: ... ofthe actions from the women and you know the sister and the
brother?
•
Uh, absolutely. I mean it's you've got your head down; your dovvn and in dealing with the
problem, and you don't have any situational awareness about wha1t's goin' on around you; so,
probably the big part was when the brother stormed up. Like 1 sa1id, I looked up and - is
somebody going to deal with this, because uh, I felt fear for my safety.

Mackey: And for the rest of this video ...
•

Huh?

Mackey: ... it looks like just you and Lentz walking around. Urn, but you don't remem- recall
anything specific outside of what you already told us?
. N o.
Mackey: OK; so, we' ll shut that off.
•
We just uh, as we kind ofleft it, we asked the Sergeant, you know, is there anything we
can do to assist?
Mackey: OK.
•
And uh, kind of like, "No, just make sure you get logged in on the crime scene, and we, we
left.
Mackey: OK; urn, do you recall here- over hear, anyone saying, "Why, why ... " Talkin ' to
Lentz or sayin', "Why's this guy here?''
•

I think that was like a maybe after the, after the fact thing; not on scene.

 Mackey: OK .
•

I don't remember that.

Mackey: OK; alright; is there anything that I didn 't ask that you'dllike to throw in or think
would be a benefit? OK; anyone else have anything to add at all?
Unidentified Interviewer: Did anyone compel you or force you to give a statement to speak with
us today?
•

No; absolutely not

Unidentified Interviewer: I don't have anything further.
Mackey: Well, I appreciate it, and uh, let's see ...

Unidentified Interviewer: Well, thank you for your service.
Mackey: Yeah, I appreciate it.
•

Not a problem.

Mackey: It's 11:52 and that concludes this interview.

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT

DATE

15-00004

Detective David Jacobs

TO

03/0212015

Sergeant Eugune Sharpe

Synopsis of Cell phone extractions (2) performed

by BCI
COPIES TO

File

On February 23rd, 2015 Detective John Morgan served the Attorney General's Office, Bureau of Criminal
Investigation (SCI), Richfield Division with a search warrant. The search warrant was obtained in Summit County by
Detective Morgan. BCI Richfield was in possession of two cell phones that were attributed to Tamir RICE. The two
cell phones were submitted to BCI Richfield on December 1, 2014 by Detective Ray Diaz, Cleveland Police
Department (CPO). As a result of the search warrant submitted by Detective Morgan, BCI, Richfield Lab performed a
forensic exam (extraction) of the two aforementioned cell phones (described below.) A CD/DVD was created of the
extraction and Detective Morgan obtained the CD/DVD on February 23rd, 2015. The following is a brief synopsis of
that material:
EV1~Described

as an LG manufactured mobile phone, model LG~AS730, bearing serial num
In addition to making and receiving phone calls, EV1 is capable of sending and receiving Short •vte:~:sci!.Je: """'"'""'""
(SMS) messages, Multi~media Message (MMS) messages, instant messages and email. EV1 is equipped with a
camera and is capable of creating and viewing graphic image and video files. EV1 is capable of accessing the
Internet and installing applications. EV1 has an advertised maximum storage of four (4) Gigabytes (GB). EV1 is
capable of additional storage through use of a micro Secure Digital (SD) card slot.
Due to enabled security features and lack of Joint Test Access Group (JTAG) support, a direct read of
the embedded Multimedia Card was done using In Service Processing (ISP) connections. The resulting file is
approximately 3.68 GB in size. The following accounts are associated with EV1:
Google Services:
Facebook:
Facebook 10:

EV2~Descri bed

as a Samsung manufactured mobile phone; model Tracfone
, serial number
V2 is capable of sending and receiving phone·calls and Short Message Service (SMS) messages.
Module (SIM) card bearing the In
Circuit Card Identifier (ICCID)
criber
is assigned the phone number

A review of the CD/DVD was performed and it was determined there were several photos downloaded
from the internet, a short list of numbers called, contacts, a small number of text messages all of which are
contained on the CD/DVD. There were calls made from one of the phones on November 22"d, 2014 prior to the
incident under investigation. Further investigation will determine who possessed the phones called during the period
in question.
Respectfully Submitted,
Detective David Jacobs #21 1

Cellular Phone extraction report

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

DATE

Detective John Morgan #241

TO

April 6, 2015

Sergeant Sharpe

SUBJECT ·-interview with
COPIES TO

Lt. Smith, File

On March 11, 2015 while assigned to the Cuyahoga County Sheriffs Detective Bureau and in
company with Detective David Jacobs, we were assigned by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014 at
the Cudell Recreation Center (CRC). The following is result of that investigation.
On this date investigators had the occasion to interview~ in the
~ attorney
his grandm
The Alcohol Tobacco
rms cated at 5055 Rockside
Independence, Ohio.
Detectives had previously discovered an audio recorded interview conducted by a WKSU reporter of
During this interviewlllll explained how he was responsible for
providing TAMIR RICE the BB gun and how the entire situation was his fault. The following is a synopsis of
the video recorded interview provided to members of the Cuyahoga County Sheriff's Department.

1111111111 on November 23, 2014.

ADDRESS:

IIIII

stated that he has known RICE and his family since he moved in the neighborhood almost one
year ago. He stated that the RICE family moved in the neighborhood before his family and that he and RICE
were very close and that they hung out together often.
stated that RICR lives in the house across the street from him, he has two sistersand a brother namedstated that RICE lives with his mother and his two sisters
Street and his brother hves with his father.

IIIII

~recalled on November 22, 2 0 1 4 - and his c o u s i n - - met RICE and his sister
~about 10:30 AM and walked over to the CRC.
stated that RICE asked to see his toy BB
explained
gun; 1n exchange.llll received a cellular telephone from RICE to access the internet.
that he was wearing a long sleeve Red shirt and carrying Black backpack on that day.

IIIII

-

IIIII

stated that his father purchased the BB gun from an unknown Walmart location in the Cleveland

are~stated that he had the BB gun for a long time. The BB gun magazine had a capacity of 12 BB'S and
the gun was spring activated.

IIIII stated that one day the gun had malfunctioned and he attempted to fix it.

He disassembled the
gun discovered the problem, fixed the problem and when he reassembled the gun he was unable to get the
"Orange tip" back on the gun.

--Synopsis

 CUYAHOGA COUNTY SHERIFF'S OIFFICE
~ continued, stating that after RICE received the gun he be~Jan playing with it then put the gun in his

pocket before we they all went inside of the recreation center. He stated that RICE had received a
telephone call and that soon after that c a l l - and RICE left tog() back home after the telephone call. He
stated that RICE was supposed to give the gun back to him later on that day.
~ stated that later in the day he texted RICE and did not get an answer, and then texted- to let
her know that he was going to come back to the CRC. He stated that he then went to McDonald's on
W.1051h St., then headed back to the CRC after he had heard that RICE had been shot.

~ stated that RICE had owned a black LG cellular telephone! that he either found or his mother had
given to him. He stated that he communicated with RICE through various social media websites that they
were able to access through a Wi-Fi connection. They communicated through KIK and Facebook. The
following are screen names associated the various social media websites:

TAMIR RICE'S SCREEN NAMES:

~stated that he believed that RICE owned three (3) different Facebook.com accounts, all with
different variations of his name, further he was aware that RICE'S mother, brother and sister- all had
Facebook.com accounts.

stated that the very next day, November 23, 2014, he was at the CRC and ran i n t o - and
stated that he along w i t h - a n d - gave interviews to several different news
agenc1es.
~ was then shown the surveillance video from the CRC to hE~Ip investigators understand the
sequence of events leading up to the Use of Deadly Force. ~ was able to explain the following from the

video:
•
•
•
•
•

pointed out Himself RICE a n d - walking to the reoeation center.
showed investigators RICE placing the gun back into his backpack. ( 11:04)
RICE a n d - enter the Recreation Center. (11 :06)
states that once in the Recreation Center they go to the game room.
RICE a n d - outside of the recreation center doors. RICE takes the gun back and places
outer jacket pocket. ~ tells RICE that someone could mistake that for a real gun. RICE
then puts the gun in his back pocket. {12:21) RICE gives the gun back to
• -comes into the video and is with RICE. and himself (12:30)
states that RICE has
then gun now. (Not sure)
• (1 :04) ~gives the gun back to RICE who then puts the gun in his back pocket.

• • Synopsis

 CUYAHOGA COUNTY SHERIFF'S Q1FFICE

are in the video, RICE is shooting BB's a t - RICE was
was shooting the gun at
but the BB's were hitti
TAMI was
ng us how the BB's curved.
that RICE
eat lunch or do chores. (1 :06)

home to

Investigators played the Audio recorded interview which • • provided t o - . At the conclusion
of the recording
stated that everything he said in the interview was true. However,
stated
that he no longer believes that what happened that day was enti1rely his fault.

IIIII

IIIII

For a more detailed account of the interview refer to the video recorded interview located in the file.
This Matter to be further investigated.

Detective John Morgan #241

• • Synopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT

COPIES TO

15-00004

Detective David Jacobs

DATE

TO

03/02 /2015

Sergeant Eugene Sharpe

CPO Crime Scene photos

File

On March 2, 2015, the writer uploaded the Cleveland Police Department (CPO) crime scene photos to
the file. These photos will be maintained on a compact disk (CD) along with the original CD maintained in evidence.
Detective John Morgan entered the original CD into evidence after the writer made two copies. The copies will be
maintained in a secure area. A log of the copies will also be maintained if the CO's are removed from the secured
area the person(s) removing them will have to sign them in and out.
Respectfully Submitted,

Detective David Jacobs

Crime scene photos upload

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

DATE

James Mackey, Detective

TO

3/2/15

Sgt. Sharpe

SUBJECT Cleveland Dispatcher Foley and Mandie Interview Request
COPIES TO

File

On February 24, 2015 while assigned to the Cuyahoga County Sheriff's UDF Team I was given an assignment by
Sergeant Eugene Sharpe to schedule an interview for dispatchers Renee Foley, Beth Mandl and Constance
Hollinger.
On February 26, 2015 I contacted Cleveland Police Radio
in an attempt to contact the above listed
Dispatchers. The Sergeant on duty advised me that the three were not on shift but he would forward my request for
a call back.
On March 2, 2015 I was able to speak with both Foley and Mandl. Chief Dispatcher Foley was agreeable to meeting
and only requested an email so she may forward it to her Lieutenant. A tentative meeting was set up from Monday
March 9, 2015 and a time has yet to be determined.
In the same call with Foley I was transferred to Dispatcher Mandl. I identified who I was and that I was calling to
inform her of our desire to speak with her. Almost cutting me, off she informed me that any meetings have to be set
up through her Union Representative Bobby Holub. She later provided me with Holub's number
Through the short conversation Mandl
refused to provide me with any of her own contact information or even a date I time that would be suitable for her to
meet with us.
A follow up call was placed to Mandl's CPPA Union Representative, Bobby Holub at
I
- -·- - The number rolled over to voice mail where my
contact information was left.
I also em ailed a formal request to Chief Dlsp,atcner
with her cell phone
her desk
1

Follow up call will be placed to Chief Dispatcher Foley and Union Representative Holub prior to COB on 3/3/15.
Further attempts to contact Dispatcher Hollinger will be attempted.

III/IISII/1111
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

DATE

Detective John Morgan #241

TO

03-3Q-2015

Sergeant Sharpe

SUBJECT iiliilllterview with
COPIES TO

Lt. Smith, File

On March 20, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in
company with Detective David Jacobs, were given an assignment by Sergeant Eugene Sharpe to conduct a
follow up investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22,
2014. The following is result of that investigation.
On this date investigators had the occasion to interview~- in the presence of his
grandmother and legal guardian
at the Cleveland offices of The Alcohol Tobacco and
Independence, Ohio. The following is a synopsis of the
Firearms located at 5055
video recorded interview.
ADDRESS:

stated that he attends Almira Elementary School and that he has known T AMIR RICE for about
one year. He stated that he met RICE through his friend- at The Cudell Recreation Center and only
knows him from there. He has never met RICE'S mother and has never been to his home. He stated that
RICE usually comes to the recreation center with his sister and will play basketball and ping pong.
On that day-stated that he and
were at the park and RICE and another boy were
shooting at the tires of cars with the 88 gun.
confessed that before he a n d - went into the
recreation center that he too shot the gun with RICE.
He stated that he a n d - had arrived at the recreation center around 1:00pm (possibly} that day,
met with RICE and shortly after meeting with him they left to go into the recreation center becausehad gotten into trouble at a Save-A-Lot store with a fake gun in the past. - s t a t e d that RICE was
pulling the gun in and out of his pants "Like a robber would do."
stated that when he a n d - were in the back of the recreation center they heard, what he
thought was fireworks, b u t - believed that they were gunshots. He a n d - then went towards
where they thought the sounds had come from and that's when they saw the police at the gazebo.
recalled watching the police come and remembered when the FBI (Plain clothes officers)
arrived . Further he stated that there were several people recording what was going on with their cellular
also recalled
telephones and that he could hear one person saying, 'White cop shoots black boy." RICE'S mother was in the front passenger seat of the ambulance when they were leaving the parking lot.
For a more details refer to video recorded interview located inside of the case file.
This matter to be further investigated.

Detective John Morgan #24 1

Synopsis a~

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

James Mackey, Detective

TO

3/3/15

Sgt. Sharpe

Cleveland Dispatcher Interview Request (Foley, Mandl and Hollinger)

File

On February 24, 2015 I was given an assignment by Sergeant Eugene Sharpe to schedule an interview for
Dispatchers Renee Foley, Beth Mandl and Constance Hollinger in relation to their knowledge, and recollections of
911 call received and dispatched regarding a male with a gun at Cudell Recreation Center that occurred on
November 22, 2015.
On March 3 2015 I was able to make contact with Chief Union Stewart Bobby
in regards to scheduling an interview with both Dispatcher
an
their connection with this case. She referred me to the Dispatchers Union Attorney, Keith

I spoke with Mr. Wolgumuth on the phone and advised him that we would like to speak with the two dispatchers
directly involved with this case (Hollinger and Mandl). I informed him that a majority of the case file we received from
Cleveland had large tracks of redacted information that was either Garrity statements or information learned through
those statements. He was informed that this is not an administrative investigation and that this is an investigation
centering on the use of forced used. I further informed him that his clients would not be read Miranda per APA
Gutierrez and APA Meyer.
Mr. Wolgumuth was left with my contact information and he stated he would confer with his clients and get back with
me to schedule a time mutually agreeable with him and his clients.
Renee Foley at
I asked if this was a
was
was
her shift. She further went on to say that she does not know if she will be
able to talk with me and she has not ran it past her Lieutenant yet. She would not expand on a reason for not
speaking with me but said she would call me back later in the evening.

111/IIS/111/11
James Mackey, De1ective

 C/S-36

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

DATE

James Mackey, Detective

TO

3/03/15

Sgt. Sharpe

WKSU Audio Files Summary

File

On March 3, 2015 Nicole DeCaprio, Office of General Counsel for Kent State University, had responded and
satisfied the subpoena for WKSU (GJS-1017613}. I received an email with two mp3 files attached. The two files are
from an interview of
conducted by WKSU Reporter Kabir Bhatia. Although WKSU identified the
juvenile male as
through our investigation it was learned that the real identity is

IIIIIIIIII-

•
•

-

11111111111

pt1[1 ].mp3 (3 minutes and 7 seconds in length)
pt2[1].mp3 (48 seconds in length}

Below are some excerpts f r o m - pt[1].mp3:
•
At 23 seconds
said "/ was with him here when he had it and I know I shouldn't have left because I

IIIII

told him he had to be careful with it, and it looked real when he had if'.
At one minut~ asked

•

IIIII if he knew where he got the BB gun.llll said "he got it from me".

Excerpt f r o m - pt2[1 ].mp3:
•

At 21 seconds

IIIII asked IIIII if he knew how the orange piece came off the end and IIIII said

i' When I gave it to him the orange piece was removed by me".
For further please refer to the audio files that have been loaded into the case file.

11111/S/111111
James Mackey, Detective

WKSU Summary

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

James Mackey, Detective

TO

3/4/15

Sgt. Sharpe

Cleveland Dispatcher Interview Request
File

On February 24, 2015 I was given an assignment by Sergeant Eugene Sharpe to schedule an interview for
Dispatchers Renee Foley, Beth Mandl and Constance Hollinger in relation to their knowledge and recollections of
911 calls received and dispatched regarding the Tamir Rice that occurred on November 22, 2015.
On March 4, 2015 I received an email from Chief Dispatcher Renee Foley
declining
an interview with our agency. The email stated "I spoke with my union and we have decided to decline on the
interview at this time". I sent a follow up email to her thanking her for her response. I also requested that she
provide me with her union attorney name and contact information.

//IlllSI/IIIII

James Mackey, Detective

(4) Dispatcher Foley Decline Interview

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

James Mackey, Detective

DATE

3/5/15

TO Sgt. Sharpe

Cleveland Dispatcher Interview Request Follow Up (Mandl and Hollinger)
File

On March 5, 2015 I contacted CPPA Dispatchers Union Attorney Keith Wolgumuth at
to follow up
Hollinger. Mr.
with him regarding an interview with his two clients, Dispatcher Beth Mandl and
Wolgumuth declined an interview on behalf of his clients citing the current climate and complexity of the dispatcher's
job; they are unable to accommodate an unprotected statement at this time.
Mr. Wolgumuth was advised of the possibility that his two clients may be summonsed to testify before the Cuyahoga
County Grand Jury in this matter. He informed me he would speak with his clients and advise me if they change
their stance.

Ill//lSI/IIIII
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004
Detective John Morgan #241

DATE

TO

03-08-2015

Sergeant Sharpe

Synposis of interview wit~
Lt. Smith, File

On this date, March 5, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau, and in
company with Detective David Jacobs we were assigned by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force Incident which occurred at the Cudell Recreation
Center on November 22, 2014. The following is a result of that follow up investigation.

IIIII-

On this date investigators had the occasion to interview
at the offices of The Alcohol
Tobacco and Firearms Agency (ATF) located at 5055 Rockside Road, Suite 700, Independence, Ohio. The
following is a synopsis of that recorded interview:

stated that he is currently unemployed due to a physical disability which he has had for a
stated
number of years and that he receives Social Security Disability for his physical ailments. that he grew up here in the Parma/Seven Hills area and has been a resident of Cleveland area for most of
his adult life.
confirmed that he was the 911 caller on November 22, 2014. He stated that on the evening of
November 21, 2014 he slept at a friend's house located on West ggtn Street just south of Madison Avenue.
continued, stating that on Saturday November 22, 2014 he woke up late in the morning and
remembered his friend leaving to go out. His friend told him that he didn't have to leave but to lock the door
when he left the residence. He stated that when he did finally leave the house he was dressed in jeans a
hooded sweatshirt and a jacket, he went to a local store located on Madison Avenue and purchased a 24
ounce can of beer prior to going to Cudell Park.
- s t a t e d that he knew the exact time that the Regional Transit Authority (RTA} bus would depart
the West Boulevard transit station (2:30pm) so he had a some time to waste. During this time he planned to
consume his beer which he had purchased in the Cudell Recreation Center gazebo until it was time to walk
across the street to catch the bus.
stated that shortly after he had arrived at the park, he sat down in the gazebo and noticed an
"older looking" black male who was walking from the recreation center. This male, later identified as Tamir
RICE, walked on the sidewalk in front of him but closer to the parking lot. He stated that the male was acting
"Gangster" by pulling a gun in and out of his waistband and pointing it straight out in front of him then
returning the gun back to his waistband . He stated that this male repeated this same motion at least six to
seven times.

-

illterview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
- s t a t e d that he had been a victim of a previous assault in 2012, because of this he became
frightened by these actions and refused to make eye contact with thi:s male fearing that he would approach
him. recalled that at one point this male had even pulled o•ut the gun on a passerby, pointing the
gun directly in the woman's face as she walked by him on the sidewalk.
He stated that the male also appeared to be saying something on occasion when he pulled out the gun,
b u t - informed investigators that he did not have his hearing aid and could not clearly determine what
the male was saying.
stated that when the male walked back toward the recreation center and away from him, he
took out his cellular telephone to place a call to the 911 dispatcher. IEither during or just before the 911 call,
- s t a t e d that male walked back towards him, walked past hirn on the sidewalk and sat on the swing
located in the park. He stated that because he had his "Hoodie" up ()Ver his head, he was trying to conceal
the fact that he was on the telephone from the male. He stated that at one point he was afraid that he may
be shot in the back if had gotten up and walked toward the transit stcition.
stated that he kept peeking at the male on the swings, and when he saw that the male had his
back to him, he got up from the bench and calmly walked toward the transit station. He stated that he got on
the bus and headed downtown. - s t a t e d that he did not know what had happened after he placed
reiterated that he
the 911 call until either later during that evening's late local news or the next day. was not threatened by this male and that he did not come into direct contact with this person.
At this point investigators played a copy of the original 911 call w h i c h - had placed to Cleveland
Police Dispatch. During this c a l l - clearly stated to the dispa1tcher that the gun was "probably fake"
and that the male was probably a juvenile. When asked why he mentioned this to the dispatcher; he stated
that he didn't know if the gun was fake or not, nor did he know if the male was a juvenile. When asked why
earlier in the interview he mentioned that he believed that the male was 20 years of age; he stated that the
male was a big boy and didn't know that he was only 12 years of agE~ . but because of his size he looked
much older.
This matter to be further investigated.

Detective John Morgan #241

- i nterview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

03/09/2015

Sergeant Eugene Sharpe

Interview of Ronald E. Fields- 03/05/2015
File

Ronald E. FIELDS, City of Cleveland, Recreation Center Manager,
· date of bir t h - cell phone number
interviewing Detectives and the purpose of the interview.
provided the following information
regarding the Use of Deadly Force by Cleveland Police Department (CPO) on November 22, 2014 at the Cudell
Recreation Center (CRC), 1910 West Boulevard, Cleveland, Ohio:
FIELDS began his employment with the City of Cleveland Recreation Department in 2006 and was
promoted to Recreation Center Manager at the CRC in 2007. FIELDS typically works Monday thru Friday, 11am to
7:30pm. Business hours for the CRC are Mondays thru Fridays 11 :30am to 8pm and Saturdays 9:30am to 6pm.
CRC is closed on Sundays.
There are approximately 178,000 members for City of Cleveland Recreation Centers throughout the
entire city. Anyone can be a member as long as they fill out an application and it is free to join. Once a member, you
can use any recreation center throughout the city. As a member you are given a six digit code (present day), you
must enter the code upon entering a recreation center. After entering the code an employee for the recreation center
will ask a destination and enter a program as the member would indicate.
CRC has a gym, game room , three weight rooms, indoor/outdoor pool, sauna, two Judo rooms, one
boxing room, Girl Scout room, computer room, outdoor playground, and football/soccer field. Some of the areas
mentioned have restrictions regarding usage. No one under the age of eight (8) can enter a recreation center without
a parenUguardian. There are currently twenty-two (22) recreation centers throughout the City of Cleveland.
On November 22"d, 2014 the following were employed at the CRC; Archie Kellam, custodian (off), Joe
Munoz, Recreation Instructor (off), Joyce Almeida (off) and Rhonda Butler (on), Physical Directors/Lifeguards, Milton
Smith and Jessica Ortiz (both on), Part-time Recreation Instructors. The City of Cleveland also contracts with
SafeChoice Company to employ off-duty Police Officers for a security positions at the CRC. The shifts for the
security positions are Monday thru Fridays are from 4pm to 8pm and Saturdays 2pm to 6pm. SafeChoice Company
Supervisor is Anthony Spencer. On Saturday, November 22, 2014, CPO Officer William Cunningham was working in
an off-duty capacity at the CRC wearing his CPO uniform. FIELDS also indicated that when he arrived he noticed
Anthony Spencer, Safechoice was on scene and may have been wearing a body camera .
On November 22"d, 2014 FIELDS was not working at the CRC, but did receive a phone call at
approximately 3:35pm from Milton Smith, CRC employee. Smith told FIELDS that "Tamir" was killed by cops; they
(cops) shot him. FIELDS told Smith he was on his way and called his supervisor, Jen Ryba, Regional manager and
Commissioner Scott Gissentaner. FIELDS arrived at CRC at approximately 4:00pm where he was met by
Commissioner G issentaner. FIELDS parked on the west end of the lot facing north. FIELDS described the CRC lot
as chaotic. FIELDS noticed media trucks, emergency vehicles and police cars. As FIELDS was walking toward CRC
he noticed Tamir's sister in the back of a police car. Tamir's sister was in the backseat of the police car parked near
the gazebo. The window was down and Tamir's sister was reaching her arms and hands out of the window for
FIELDS.

Fields summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
As FIELDS arrived he was tasked by his supervisor to assist Poliice Detectives getting video footage and
information regarding members of CRC. FIELDS did witness Tamir's sister ~~et released from the back of the police
car whereas she walked calmly into the CRC.

FIELDS was very familiar with Tamir; he has known Tamir for approximately one and one half years.
FIELDS was familiar with Tamir because he was at the CRC almost every day, whether it was with his school
(Marion Seltzer) or after school. FIELDS was also familiar with his sister wh1j was usually with Tamir. FIELDS has
never had any issues with Tamir or his sister, citing , he never "blocked" theitr memberships. FIELDS went on to say if
members were "blocked" it was because they broke some type of recreation1 rule or policy. The last time FIELDS
saw Tamir was the Friday, November 21 31, 2014. Tamir (at the CRC) was playing on his phone and FIELDS playfully
pretended to knock the cell phone from his hands. Tamir responded to FIELDS by saying "c'mon, it's all I do; I come

to the rec and play games."
FIELDS provided the following names of some of Tamir's known associates. The names listed below are
and-s
people that FIELDS would see Tamirwith while at the CRC. sister who is two years older. All the names listed above are juveniles.
I was
surveillance
depicting different individuals interacting with Tamir
to him being shot em November 22"d, 2014. In the
surveillance
FIELDS identified Tamir
(black backpaclk), "last name unknown" (LNU)
(fur coat),
{plaid jacket),
clothing, white male) and p o s s i b l y - (small chil
FIELDS stayed at the CRC that night until 10:30pm assisting CPO Detectives with obtaining video
surveillance footage, this took several hours. FIELDS indicated that CPO copied surveillance footage to CO's and
thumb drives. FIELDS stated there are ten (10) video cameras located at th1: CRC, some of which were working and
some of which were frozen with ice.

Respectfully Submitted,

DetectiVE! David Jacobs

Fields summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

03/0912015

Sergeant Eugene Sharpe

Interview of-elephonically
File

date of b i r t h - cell phone number
was advised of the identity of the interviewing Detective and the purpose of the interview.n,.,....,,,,.~, the following information regarding the Use of Deadly Force at the Cudell Recreation Center
(CRC) on November 22nd, 2014.
was contacted via her cell phone and the writer requested an
to speak with her
indicated she was
regarding any information she could provide as it pertains to the captioned case.
contacted by Cleveland Police Department (CPO) Detectives at an earlier date.
stated she did not witness
the incident but did hear screaming after the f a c t . - remained in her
and did not go across the
street to the scene of the incident.- recently moved to the area but did state that her son was familiar with
Tamir, but she did not really know Tamir. There is no need for further interview o f - unless new information is
obtained.
Respectfully Submitted,

Detective David Jacobs #211

-

Surrmary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

DATE

15-00004

Detective David Jacobs

TO

03/0912015

Sergeant Eugene Sharpe

SUBJECT Phone message f o r - COPIES TO

File

Street, Cleveland, Ohio 44102, date of b i r t h - cell phone
listed as a
on
nd Police Department (CPO) report. A phone message was left
on 03/09/2015 at approximately 3:00pm. Further investigation to follow.

Respectfully Submitted,

Detective David Jacobs #211

• • •I

message

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

DATE

15-00004

Detective David Jacobs

TO

03/09/2015

Sergeant Eugene Sharpe

SUBJECT
COPIES TO

File

Tiffany DAVIS,
date of b i r t h - cell phone number
thereafter provided the following information
was interviewed telephonically by the writer.
use of deadly force at Cudell Recreation Center (CRC) on November 22nd, 2014.
advised she was at work during the captioned event and after arriving home from work she
noticed a business card from a female Detective with the Cleveland Police Department (CPO). DAVIS contacted the
female CPO Detective she thought her name was "Kathy."- advised CPO she was at work at the time of
incident and did not witness anything. DAVIS will not be interviewed further unless new information arises.

Respectfully Submitted,

Detective David Jacobs

- summary of interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

OATE

15-00004

Detective David Jacobs

TO

03/09/2015

Sergeant Eugene Sharpe

List Cleveland Police Officers on scene
File

The following list of Cleveland Police Department Officers arrived on the scene at Cudell recreation
Center (CRC), 1910 West Boulevard, Cleveland, Ohio 44102 on November 22nd. 2014, approximately zero to ten
minutes after the use of deadly force took place:

1A25-Frank Garmback #1582-assigned unit
1A25·Tim Loehmann #1231-assigned unit
1A26-Ken Zverina #2437-secure scene
1A26-Ricardo Roman #980-secure scene
1823-Janell Ruther1ord #9087 -scene supervisor
1C21-Lou Kitko #553-secure scene
1C24-Tom Griffin #684-scene log
176-Dan Lentz/SA- (FBI)
Please refer to the complete list of Officers on the CPO crime scene log. The aforementioned Officers
were the initial responders.
Respectfully Submitted,

Detective David Jacobs #211

CPO first on scene

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

Det. Homer Allen

DATE

TO

03-10-2015

Sgt. Eugene Sharpe

Interview Summary for Milton Smith
File

Sir,
On March 5th, 2015 'Nhile assigned to the Cuyahoga County Sheriff's Detective Bureau I was given
an assignment by Sergeant Eugene Sharpe to conduct an interview on Milton Smith into a Cleveland Police Use of
Deadly Force incident which occurred on November 22, 2014. The following is result of that interview.

WITNESS:

Milton Smith
DOB:

SUMMARY:
Milton Smith was employed in a part-time capacity at the Cudell Recreation Center on November 22, 2014 as
a Recreation Instructor. He has been employed there approximately 2 years. He was working with another Cudell
employee "Jessica" and CPD Officer Cunningham. While conducting his regular duties, he heard what sounded like
gun shots, but did not think anything about it until several kids exited the building at which time he and Officer
Cunningham exited. He overheard one of the kids state "Its Tamir'' as a girl (Tamir's Sister) began yelling and started
running over to location of shooting, she was immediately taken into custody.
Milton called his supervisor Ron Fields and informed him of the incident, while observing Officer Cunningham waving
him away from coming any further. Milton observed that Tamir was laying on his back with his legs bent, facing him
(North) and his head facing (South). Two additional Officers and One Police car was observed. He did not see any
weapons from his location.
Upon having Milton review the camera surveillance of incident he was able to ID the following individuals:
Tamir Sister

Co-Worker Jessica

Submitted for your review,

Homer Allen

Milton Smilh Summa!'(

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

03/10/2015

Sergeant Eugene Sharpe

Meeting with Dr. Thomas P.Gilson. Medical
Examiner

File

The following meeting was in conjunction with the investigation of use of deadly force by Cleveland Police
Department (CPO) on November 22nc1, 2014 at Cudell Recreation Center (CRC), 1910 West Boulevard, Cleveland,
Ohio, 441 02. Cuyahoga County Sheriff's personnel at the meeting were as follows; Captain Richard Peters,
Lieutenant Bryan Smith, Sergeant David Lisy and the writer. The meeting took place at the Cuyahoga County
Medical Examiner's Office (CCMEO) on March 10, 2015, representing the CCMEO was the Medical Examiner, Dr.
Thomas P. Gilson and Forensic Scientist (FS) Curtiss L. Jones, MS, Supervisor, Trace Evidence Department.
CCMEO.
A meeting was requested in order to clarify and explain in detail the findings as it pertains to the autopsy,
toxicology, and trace evidence for Tamir RICE. The post mortem report was obtained at an earlier date to include
trace evidence and toxicology reports.
Dr. Gilson reviewed the entire autopsy report to include sharing conversations he had with Dr. Patel,
MetroHealth Hospital, surgeon who operated on RICE before pronouncing him dead. Dr. Gilson discussed at length
the findings in the autopsy report. FS Jones also explained in detail the post-mortem photos and all trace evidence
collected and examined. It was determined CPO submitted evidence for DNA analysis which is not included in our
initial packet from CCMEO. Further investigation will be conducted to obtain any and all reports pertaining to DNA
evidence. FS Jones indicated the CCMEO was in possession of the items submitted for trace evidence examination
and will maintain said items until further notice.

Respectfully Submitted,

Detective David Jacobs #211

Dr Gilson meeting summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Detective David Jacobs

DATE 03/10/2015

TO

Sergeant Eugene Sharpe

DNA report from Cuyahoga County Medical
Examiners Office (CCMEO) Tamir RICE
File

The following investigation is in conjunction with the Use of Deadly Force incident involving the Cleveland
Police Department (CPO), on November 22°d, 2014 at Cudell Recreation Center (CRC), 1910 West Boulevard,
Cleveland, Ohio. 44102. It was learned by the writer that the CCMEO report was incomplete, lacking the DNA report
as it pertains to items submitted by CPO for the captioned case. This was learned after meeting with Dr. Thomas
Gilson, Cuyahoga County Medical Examiner (CCME) on March 10, 2015.
A request was made on March 1O'h, 2015 by Detective John Morgan, Cuyahoga County Sheriff's Office
(CCSO) to the CCMEO, Dr. Nasir Butt. Dr. Butt indicated he initially sent the DNA report to Detective Ray Diaz, CPO
in December of 2014. Dr. Butt emailed Detective Morgan a copy of the DNA report, which was examined by
Detective Morgan and the writer. Several items were examined, item #8 (placard #3) described as 'two swabs from
cell phone found on the scene" returned a mixture with major and minor components. The major DNA component in
this mixture matches the DNA profile of Tamir Rice .
The other item, 9.2 is described as "two swabs suspected DNA, Colt 1911 semi·auto pellet gun and
magazine." The DNA profile obtained from item 9.2 is a m'1xture with major and minor components. The major DNA
component in this mixture is unknown. Tamir Rice cannot be excluded as a possible contributor to the minor DNA
component in this mixture. The report goes into probabilities; these probabilities are based on race. The DNA report
was scanned to the file and a working copy was made.

Respectfully Submitted,

Detective David Jacobs #211

DNA report RICE

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

James Mackey, Detective

DATE

TO

3/1 0/1 5

Sgt. Sharpe

CPO Range Officer Urbania Conversation
File

In relation to the above titled investigation I was assigned by Sargent Eugene Sharpe to arrange an interview with
Officer William Cunningham. Officer Cunningham was working a part time detail at the Cudell Recreation Center
(1910 West Blvd., Cleveland OH) on November 22, 2015 and was the first officer to arrive on scene to assist Officer
Loehmann and Officer Garmback.
we are
ng
Force Investigation and that we would like to speak with him regarding the events of
November 22, 2015. He informed me that he would have to consult with his Union prior to setting up a meeting with
me and he would get back with me.
At 5:38pm Officer Cunningham called me back. He clarified with me that I was not seeking a Garrity Statement from
him. After the clarification he politely declined an interview or making any statements to our office, informing me,
that after consultation with his Union and per their advice, he will not be providing me with any statements. He
advised me that if I have any further questions I could contact his Union President Steve Loomis or the CPPA
Attorney Henry Hilow {numbers that he did not have readily available} and they would be more than happy to help
me.

IIII/IS/11//11
James Mackey, Detective

Cunningham Interview Request

 FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

James Mackey, Detective

TO

3/15/15

Sgt. Sharpe

Interviews for Friday March 20, 2015
File

Regarding the above captioned case on Friday March 13, 2015 I contacted the following to schedule interviews
regarding this case:

An attempt was also made for
me I have the wrong number.

IIIII

A message was also .left f o r - on his voicemail

II/IIlS/IIIII/
James Mackey, Detective

but a female called back and informed

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

James Mackey, Detective

SUBJECT COPIES TO

DATE

15-00004

TO

3/16/15

Sgt. Sharpe

Follow Up

File

March 16, 2015 while conducting follow up investigation on 15-0004, Detective Allen and I, spoke with
Cleveland, Ohio. Her name appeared in the original Cleveland Police Report
as having possible information on Tamir Rice.
When we spoke with her at her residence she informed us that she had mistakenly through another male juvenile in
her neighborhood was Tamir Rice. She said she had seen this juvenile playing with and shooting BB guns near her
house at a prior time and thought it was Tamir Rice. She realized it was not Tamir Rice because she saw the male
juvenile after Tamir Rice's death.
I asked if she knew where the juvenile lived so we could speak with the parents but she could not identify the
specific house.
No further follow up needed.

I/111/SII/1/II
James Mackey, Detective

CS3

Fol!ow Up

 THE CUYAHOGA COUNTY SHERIFF'S DEPARTMENT, SHERIFF FRANK BOVA
THE JUSTICE CENTER 1215 West J" Street, Cleveland, Ohio 44113

To whom it may concern;

Please be advised that on 03118/2015 Cuyahoga County Sheriff's Department Sgt.
Eugene Sharpe requested the appearance of EMS Technician Ryan Bittel to answer questions
regarding Incident #2014-368418 involving Cleveland Police Department and Subject Tamir
Rice.
Please be advised that on this date at II OOhrs in the company of Union Representation, Bittel
appeared and satisfied said
additional information is required please contact Sgt.
Sharpe or Det. Homer Allen

Respectfully submitted for your review,

Det. Homer Allen

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

DATE

15-00004

James Mackey, Detective

TO

3/15/15

Sgt. Sharpe

SUBJECT Grand Jury Subponas of Officer Cunningham, Dispatchers Foley, Mandl and Hollinger
COPIES TO

File

Regarding the above captioned case on Friday March 13, 20151 received, from the Cuyahoga County Prosecutors
Office, four Grand Jury Subpoenas for the following 4 witnesses:
Chief Dispatcher Renee Foley (GJS-1021038)
Dispatcher Beth Mandl (GJS-1021036)
Dispatcher Constance Hollinger (GJS-1 021 037)
Officer William Cunningham (GJS-1 021 039)
I was advised by APA Meyer that if a statement is secured from the above listed individuals prior Grand Jury
date/time it would satisfy the Grand Jury Subpoena.
As I had had previous contact with the respective attorneys or unions for the above listed. I contacted Cleveland
Police Patrolmen's Association (CPPA) President Steve Loomis (representing P.O. Cunningham and Dispatchers
Mandl and Hollinger), and left a message for OPBA Attorney Dan Leffler (representing Chief Dispatcher Foley)
advising them that subpoenas have been issued. In speaking with CPPA President Loomis, he reiterated the
concerns for his members in the current climate, which were originally relayed to me by CPPA Attorney Keith
Wolgumuth.

On March 15, 2015 at 10:21pm I served Chief Dispatcher Renee Foley with her subpoena and informed her of her
option to speak with me prior to Grand Jury. I further advised her of the date, time and location to appear before the
Grand Jury should the subpoena not be satisfied prior to her required appearance.
I also had the occasion to speak with Officer Cunningham on the phone and advised him of the issuance of his
subpoena. An attempt will be made to serve him on Monday March 16, 2015 while on duty.
Dispatchers Mandl and Hollinger were served the Grand Jury Subpoenas on March 17, 2015.
On Friday March 20, 2015 I was advised by APA Meyer that the above listed individuals will be satisfying tb.,~
subpoenas by meeting with Sheriff Detectives for an interview. Contact will be made with the interested P2.lrit1~s·t~
schedule interviews.

Ill/I/SJ/11111
James Mackey, Detective

Subsof Cunningham, Hollinger, Mandl

 CfS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-04 (Tamir Rice)

James Mackey, Detective

DATE

TO

3/29/15

Sgt. Sharpe

lnteNiew of FBI Special A g e n t File

Summary
On. Friday February 27, 2015 at 11 :OOam, Detective Allen and I (Detective Mackey) interviewed Federal Bureau of
Investigation (FBI), Special Agent (SA)
The interview centered around his involvement and
observations after responding to "shots fired broadcasted over the radio" on Saturday November 22, 2014 at 1910
West Boulevard (Cudell Recreation Center), Cleveland OH 44102.

Details
On Friday February 27, 2015 at 11 :OOam, Detective Allen and I met with FBI Special Agent. . . FBI Chief
Division C o u n s e l - and FBI Associate Division Counsel
in a conference room at the FBI
Cleveland Field Office in Cleveland Ohio. Also present in the conference room as observers, Sergeant Eugene
Sharpe and Detective Dave Jacobs. S A . was meeting with us to give a voluntary statement with regard to a
three {3) page report he had provided our agency regarding his involvement and observations on November 22,
2014 while responding to 1910 West Boulevard, Cleveland, OH .
Special Agent. has been with the FBI since 2012 assigned to the Cleveland Field Office since the beginning of
his career. Currently he is assigned to the Violent Crime Task Force with a focus in Bank Robberies and serves as
the Division Bank Robbery Coordinator. Prior to joining the FBI,. was a - Police Officer from January
2010 to September 2012. He has four and a half (4 'Y2) years of service in the United States Marine Corps as an
Infantryman as well as Reconnaissance. • is also currently serving in the United States Air Force National Guard
(New York) Para-Rescue. Through his duties in the Air Force he is involved in civilian and combat search and
rescue and is a National Registered Paramedic. •
has a deployment to Afghanistan while serving in the Air
Force.
On Saturday November 22 , 2014 S A . was with Cleveland Police Detective Daniel Lentz concluding
follow up investigation on an unrelated bank robbery investigation. S A . Sai<l,

a day of

"At approximately 3:30pm we heard a broadcast over the CPO Emergency dispatch for a shooting.
We initially thought that a subject was shot and he was fleeing, that quickly changed when they
qualified it and said the individual was shot and they were requesting fire and EMS respond. We
made it there in like three (3) minutes after the shooting happened... as I approached the officers I
asked for any first aid equipment, medical gear, anybody that has any of that to bring it over here.
They didn't have any of that so I said ok give me a pair of rubber gloves and I walked over to Tamir
Rice and began to assess him and do the medical treatment I could".

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE

I asked S A . to describe Tamir when he arrived on scene. He said that when he arrived on scene his main
concern was Tamir. From a distance he could see that part of his small intestines were eviscerated (coming out of
his abdomen). He described it as a particularly disturbing looking injury with no visible blood. His first impression
from afar was that he was dead because he was not moving. Tamir was laying on his back motionless, on the
concrete with his coat was open and his shirt partially pulled up allowing hirn to see his abdomen. He said he
immediately went up to him and assessed him for massive hemorrhage in w'hich he found none. He performed a
MARCH protocol (M=Massive Bleeding, A=Airway, R=Respirations, C=Circulation, H=Head) to identify life threats
and addressed his airway that eventually Tamir eventually had difficulties maintain his own airway. When S A .
was assessing Tamir he informed him that he was a paramedic and he was there to help him. Tamir responded with
a nod of his head and reached for SA
hand.

IIIII

I asked S A . what his impressions were of the injury and he said;

"the reality of an injury like that is that he needed bright lights and cold surgical steel, he needs a
surgeon to repair that .. . he needs to go to surgery, that's the end afl result, that's the only thing that's
going to repair the damage. The only thing we were doing on scene was just to keep him alive long
enough to get to the hospital. He needed blood products and he neE~ded surgery".

I asked S A . if Tamir spoke at all and he said he did. He said;

"He told me his name was Tamir and that he was shot, he made a re,ference to his gun like a question
where is my gun. I don't remember exactly what it was but that he made reference to a firearm".

I asked, at any time did any Cleveland Officers render assistance. He said, yes, when Tamir's airway became an
issue he needed both hands and asked another officer to help. He didn't know for sure but he thinks it was the
training officer who helped. He described him as a while male shorter than !5'10" with brown hair in his forties. He
directed the officer to put direct pressure on the wound while he addressed his airway.
I asked while giving first aid to Tamir was there any instances where he bec>
ame alerted to activity going on around
him. He said yes, the female that was screaming in the car (that he later le~•med was his sister). He overheard her
scream that he was only twelve ( 12) years old . He said he never would hav1e guessed with how big he was that he
was only 12. He also said that "at one point his brother appeared on scene threatening officers and storming up to
us like he was going to fight and I had to stop and say is someone going to <jeal with this... I mean I felt threatened".
S A . said he was assisted by Cleveland Fire upon their arrival and again noted that Tamir was having trouble
with maintaining his airway and that his pulse was becoming weak. Tamir's airway was addressed and that a pulse
was discovered. He continued primary first aid care until Cleveland Paramedics arrived and Tamir was loaded into
the EMS vehicle. After Tamir was loaded in a Cleveland Fireman told him he was not cleared to work with the City
of Cleveland and you need to get off the ambulance. S A . said, he was relieved by someone of 1he equal

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
medical status as him (paramedic) and he was not going to get into an argument with the Fireman. His main
concern was for Tamir and getting him to the hospital. At that point he said he exited the ambulance.
Det. Allen asked if anyone had suggested transporting him in a police car. S A . said no and

"I wouldn't have done that, I think that would have resulted in a poor outcome. Based on what I was
dealing with on the ground, he couldn't maintain his own aitway. If you threw him in the back of a
vehicle crunched up I absolutely don't think he would be maintaining his own aitway when they get to
the hospital five to ten (5-1 0) minutes later he would not have been l>reathing. I have never favored a
load and go approach in a city; I think that leads to poor patient outcomes".
Once he exited the vehicle he said Tamir's mother arrived shortly after and !~Ot into the front passenger seat of the
ambulance. He said the mother was very nonchalant but clarified that people react differently even though he
thought she may act a little more concerned than she did. He said that after he left the ambulance he then went
over to Det. Lentz and then went to Officer Loehmann.
S A . was asked to recount his interaction with Officer Loehmann. SA.I said Officer Loehmann was distraught
and looked like he was in a significant amount of pain holding his leg up and his ankle but declined any assistance
and said he would be ok till EMS arrived. S A . said he seemed pretty distraught over the whole situation "he
seemed like a guy that was put in a very difficult situation and had to make a very quick decision based upon what
he believed was an imminent fear of death or serious physical injury to himself and reacted to it. Either way I don't
believe it was a situation he wanted to be in". Loehmann told SA. in what he thought was a "spontaneous
utterance ... he had a gun and he reached for it after he told him to show him his hands". SA. told him he was
just there to see if he needed any medical attention.
S A . was shown the Cudell Recreation Center surveillance footage from camera 110001 OO.exe.
For a more detailed account of the interview refer to the transcribed interview.

///11/S/1/////
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective John Morgan #241

TO

3-30-2015

Sgt. Sharpe

Synopsis of the Automated Vehicle Location
information

Lt. Smith, File

On this date, while assigned to the Cuyahoga County Sheriff's Detective Bureau, writer was assigned
to conduct further investigation into the Cleveland Use of Deadly Force Incident that occurred at the Cudell
Recreation Center (CRC) on November 22, 2014.
On March 11, 2015, writer received a compact disk containing the Cleveland Police Automated Vehicle
Location (AVL) information for CPD Zone Car 115A, the car involved in the Use of Deadly Force Incident at
the CRC. The AVL system does not provide precise Latitude and Longitude coordinates, however it does
provide a visual area map and direction of travel of the vehicle. The vehicle in this case is represented by a
small police car icon on a map of the City of Cleveland.
Below is a synopsis of the location and direction of travel of Zone Car 115A on November 22, 2014
between 14:29:00 Hours and ending at 00:30:00 Hours on November 23, 2014.
•
•
•
•
•
•

14:29
15:10
15:15
15:18
15:24
15:27

•
•
•

15:29
18:55
19:08

•
•
•
•

20:56
21:02
23:30
00:30

Begin tour of duty.
Vehicle leaves 1st District Police Station.
Vehicle stops in the area of W. 145th and Lorain Road.
Vehicle begins traveling Eastbound on Lorain.
Vehicle arrives near the intersection of Lorain Road near West Boulevard.
Vehicle travels Westbound on Lorain Road, turns Northbound onto West
Boulevard, turns Eastbound onto Madison Avenue, turns Northbound onto West
gglh Street towards CRC.
Arrive at CRC.
Vehicle leaves CRC.
Vehicle arrives at intersection of Lorain Road and Grovewood Avenue (Fairview
Hospital).
Vehicle leaves intersection of Lorain Road and Grovewood Avenue.
Vehicle arrives at 1st District Police Station.
End tour of duty.
End of shift.

This Matter to be further investigated.

Detective John Morgan #241

AVL Synopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Detective David Jacobs

DATE

TO

03/3012015

Sergeant Eugene Sharpe

Phone conversation
File

The following investigation is in conj unction with the Cleveland Police Use of Force Deadly Force, Cudell
Recreation Center 1910 West Bou
Cleveland. Ohio on November 22nd, 2014. The writer received a call back
, Ohio.
from
reported that she was outside her house when the aforementioned incident took place.
indicated she was interviewed by Cleveland Police~ the incident.- requested we
mterv1ew her at her residence on March 301h, 2015 at 5:30pm . ~ has four children and works full time and
asked if we could accommodate her by doing the interview at her residence. Detective John Morgan and Detective
David Jacobs will conduct the interview using a voice recorder at the aforementioned location, date and time.

Respectfully Submitted,

Detective David Jacobs

• • • • phone call

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

03/30/2015

Sergeant Eugene Sharpe

Second attempt to interview-~

File

The following investigation is in conjunction with the Cleveland Police Department, use of deadly force
incident which took
November 22, 2014, Cudell Recreation Center (CRC), 1910 West Boulevard, Cleveland,
Ouvenile} legal guardian was contacted to reschedule an interview for March 27'h, 2015 at
Ohio.
3:00pm
guardian previously agreed and subsequently canceled the day of the interview. We agreed to
resch
did not determine the location and time.
·

Respectfully Submitted,

Detective David Jacobs

- -interview attempt (2)

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

03/30/2015

Sergeant Eugene Sharpe

Attempt to interview-. .
File

The following investigation is in conjunction with the Cleveland Police Department, use of deadly force
incident which took
November 22, 2014, Cudell Recreation Center (CRC}, 1910 West Boulevard, Cleveland,
Ohio.
{juvenile) legal guardian was contacted and we scheduled an interview for March 201h, 2015
at 2:00pm.
guardian previously agreed and subsequently canceled the day of the interview. We agreed
to reschedule for March 27111 , 2015 at 3:00pm.

Respectfully Submitted ..

Detective David Jacobs

--lnterviewattempt (1)

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT

COPIES TO

15-00004

DATE

Detective John Morgan #241

TO

March31 ,2015

Sergeant Sharpe

lnterviewof--

Lt. Smith, File

On March 30, 2015.while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company
with Detective David Jacobs, we were assigned by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
On this date we had the occasion to i n t e r v i e w - - at her home located at
- · Ohio. had been previously identified in the Cleveland Police Use of ,.....~........ orce
Investigation, however, all material learned during the interview had been redacted. The following is a
synopsis of the interview which was audio recorded.

B/F/31, 008
MOBILE TX:

ADDRESS:--ST,

stated that she has been residing at this address for approximately 10 years. She stated that
stated
on the day of the shooting her son was at the Cudell Recreation Center playing basketball. that she has a habit of looking out of the kitchen window whenever she is in or around the kitchen area. On
this day she recalled looking out of the kitchen window and seeing a "Little boy" outside playing with another
"Little Boy• at Cudell Recreation Center.
stated that the one "Little boy" playing outside she identified as T amir Rice and she did not
know the identity of the other male playing with Tamir. She stated that she did not personally know Tamir
RICE but her son Calvin went to elementary school with him.
stated that about 30 minutes later her friend had arrived to pick her up to take her to the store.
She stated that when she walked outside and was about to enter the passenger side door of the vehicle, she
heard three gunshots and some yelling. Specifically- described hearing two gunshots "Bang Bang"
then hearing someone yell, "Freeze.. Show me your handsr then she heard a third and final "Bang."
stated that when she heard the first gunshots she became frozen in place. Stated that she
then entered her friend's car and attempted to call the recreation center to advise the counselors not to let
the kids outside because something had just happened. She stated that by the time she had called she saw
kids running outside.
stated that when the kids came running out of the recreation center she witnessed a girl
running towards the area where the police car was located. As the girl approached the are~officer
"clothes lined" her to the ground. She could hear this girl screaming, ·That's my brother!" ~ stated
that she could see this girl fighting with one Caucasian police officer who then handcuffed her and placed her
in the back of the car.
stated that she believed that the officer that fired the gun was the officer that "clothes lined"
the girl. When asked if she had saw any other officers there at the time of the shooting;- explained
that she saw a second police officer there, he came from behind the car, but appeared to be hurt because he
was breathing heavy and was leaning on the car.

interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE

stated that she did eventually get inside of her friends; car because she became cold. She
stated that before they left the area a fire truck was at the scene and because she had rolled down the
window, she could hear what she described as ambulance sirens getting closer to the area.
At the conclusion of the interview- demonstrated to investigators where she was located when
she heard the gunshots.
Note: - - residence is located on the other side of a chain linked fence >8 feet in
height which stands between her residence and the Cudell Recreati<>n Center. She resides in a unit of side
by side single level homes located on west side of West 981h Street. Further the audio recording device failed
to capture the entire interview. For a more detailed account of the interview refer to the audio recorded
interview.
This matter to be further investigated.

Detective John Morgan #241

- - interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

Detective David Jacobs

DATE

TO

04/0212015

Sergeant Eugene Sharpe

Weather conditions for November 22"ct. 2014
File

The following investigation is in conjunction with the Cleveland Police Department Use of Deadly Force
incident which occurred at the Cudell Recreation Center (CRC}, November 22nd, 2014 at approximately 3:30pm. The
information listed below were the weather conditions for the aforementioned date:
November 22nd, 2014
High temperature: 49 degrees Fahrenheit
Low temperature: 16 degrees Fahrenheit
Mean temperature: 29.9 degrees Fahrenheit
Precipitation: 0.16 inches
Visibility: 9.2 miles
Snow Depth: 1.2 inches
Mean Wind Speed: 11 .39 miles per hour
Maximum Sustained Wind Speed: 14.0 miles per hour
Maximum Wind Gust Speed: 24.17 miles per hour
The weather conditions referenced above were obtained from weather underground
(wunderground.com), and cross referenced from two other separate historical weather websites.

Respectfully Submitted,

Detective David Jacobs

wealher report CudeD

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

Detective John Morgan #241

DATE

TO

April3, 2015

Sergeant Sharpe

SUBJECT ~~~-video recorded interview of
COPIES TO

Lt. Smith, File

On March 20, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company
with Detective David Jacobs, were given an assignment by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
On this date investigators had the occasion to interview~- at the Cleveland offices of The
Alcohol Tobacco and Firearms located at 5055 Rockside Road Suite 700, Independence, Ohio. The
following is a synopsis of the video recorded interview.
ADDRESS:

ROAD,

stated that she has been employed as a teacher with the Cleveland Metropolitan School District
since 1992. She stated that she is currently an Art teacher at Marion-Seltzer Elementary School and was the
Art Teacher for Tamir RICE.
explained that Marion Seltzer is a ki~en through 8 1h Grade school and that RICE was a
sixth grader in the Special Education Program. explained that this program was for the emotionally
disturbed children and that the class size was not larger than 10 children but RICE'S class only had 6
children.
-stated that she began teaching RICE at the beginning of the 2014 school year and stated that he
loved Art and that she never had a problem with him at school. She stated that about a week prior to the
incident at Cudell Recreation Center RICE had been involved in an altercation at school with a boy identified
as Ashanti JONES but didn't know much about the incident.
further explained to investigators that RICE'S regular special education teacher was Ms. Carletta
GOODWIN and that she was considered RICE'S General Education Teacher. -stated that she knew
that RICE'S sister attended Max Hayes and that she has met his mother on only one occasion in the past.
She stated that in that meeting with his mother, she seemed very concerned about his education and how he
was progressing in school.
stated that after the incident at Cudell, Ms. RICE contacted Ms. GOODWIN via telephone and
infom;ecr"'Jier of the news that her son had passed away. -suggested that investigators interview Ms.
GOODWIN to learn more about RICE because she is the teacher that spent the most time with him.

 CUYAHOGA COUNTY SHERIFF'S OFFICE

thought that RICE would be up at the recreation center with a gun,
nature.
This Matter to be further investigated.

Detective John Morgan #241

· -Summary

stated that she would have never
or fake because that wasn't in his

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Det. Homer Allen

DATE

TO

04/0612015

Sgt. Sharpe

Tamir Rice Medical Summary
File

On February 23, 2015 while assigned to the Cuyahoga County Sheriff's UDF Unit, I was given an
assignment by Sergeant Eugene Sharpe to conduct a follow up investigation into a Cleveland Police Use of
Deadly Force incident which occurred on November 22, 2014. The following is a summary of medical
records received from Metro Health Hospital.
On February 23, 2015, Samaria Rice signed an (Authorization to Release Protected Health Information to
Another Form} affording the Cuyahoga Cou
Sheriff's Office the right to obtain all medical records for Tamir
Rice ( 12 Years Old) D O B : - SOC:
On same date, I provided a copy of this form to
Colleen Higgins with Metro Health Hospital
to obtain these records. On February 26th the
records were picked up by me for review.

SUMMARY OF MEDICAL RECORDS
1.

•

I
I
•
2. Notes p e r - LISW-S at 11/22/2014, 6:53pm. Tamir arrived via EMS with GSW to abdomen, and
transported to OR on arrival. CPO Officers Judd (1545) and Taylor (2067) arrived with Tamir. CPO
reports that Tamir pulled a gun on CPO and police shot him.
•

Mother- Rice~ highly escalated and yelling that she wants the news to be
called and wants to s~of Police.

•

Waiting in OR was moms c o u s i n - . friend
grandparents.

•

At approximately midnight Tamir began bleeding profusely, Or. Patel attempted to stabilize but
Tamir expired in the OR

•

linda Lee is evening Social Worker

TAMIR METRO HEALTH MEDICAL SUMMARY

and T amir's maternal

 CUYAHOGA COUNTY SHERIFF'S OFFICE
EMERGENCY DEPARTMENT SUMMARY

1.

Per Jessica Whitmer RN on 11/22/2014 at 3:59pm 12 yr. old Tamir was admitted for GSW to
abdomen-umbilical area evisceration and visible bowel. Had pulse on scene but lost pulse as soon as
arrived to trauma bay.
•

Laparotomy, Exploratory by Dr. Nimitt Patel and John Como

•

11/23/2014 at 12:54am Disposition Morgue.

•

Emergency Department Smart Form Attending note, I saw and evaluated the patient, I personally
obtained the key and critical portions of the history and physical exam. I reviewed the resident's
documentation and discussed the patient resident. I agree with the resident's medical decision
making as documented in the residents note. (Lance D. Wilson MD.)

•

Exam notes show unresponsive, being bagged, no pulse, and Brady cardiac on monitor, no
spontaneous breath sounds and gunshot wound with evisceration of abdominal fat.

•

Additional Notes, emergency intubation attempted but tube selection was for an adult male based
on pre-hospital information provided and the tube would not pass vocal chords. Rather than delay
for second attempt, decision made to transport to OR. (Devin Harper MD. ( 2 1 6 ) -

DISCHARGE SUMMARY NOTES

Author: Khadra Helmi MD. (Rotating Resident)
Filed: 01/11/2015 at 7:50pm
Co-Signer: Patel, Nimitt MD on 01/12/2015 at 8:18am
Admission: 11/22/2014

Discharge: 11/23/2014

SIGNIFICANT FINDINGS

•

Small bowel colonic and ex1ensive inferior vena cava and common iliac vein injuries cause
uncontrolled bleeding from presacral plexus and pelvis.

HOSPITAL COURSE

1. Tamir came in at 3:55pm taken to OR within 5 Minutes of arrival. In OR 80-90% loss of inferior vena
cava, Dr. Alexander called for Vascular Surgery. Sites of obvious bleeding had been controlled. Only
additional bleeding was from right deep pelvic area. Specific source could not be identified. Multiple
extensive attempts were made to control bleeding which was unsuccessful.
2. After all measures had been exhausted to control pelvic bleeding, Tamir lost his pulses for a second
time and decision was made to not do additional ACLS sue to incontrollable hemorrhage. And was
declared dead at 12:54am on 11/23/2014
3. Additional medical history and medication needs during stay are included, if needed for further review.

Respectfully submitted,

Homer Allen#225

TAMIR METRO HEALTH MEDICAL SUMMARY

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

DATE

Detective David Jacobs

Phone call with

TO

0410112015

Sergeant Eugene Sharpe

IIIII- father, ....

File

The following investigation in conjunction with the Cleveland Police Department (CPO), Use of Deadly
Force incident which took place at the Cudell Recreation Center (CRC), 1910 West Boulevard, Cleveland, Ohio on
November 22nd, 2014 at approximately 3:30pm.
The writer contacted~ the father o f - - Ouvenile) via his cell phone. ( 2 1 6 ) - ~
Cleveland, Ohio on March 31st. 2015. The purpose of the phone call was to set up an appointment
.
.. agreed to have- proceed with an interview. We agreed to meet at their
on April2, 2015 at 5:30pm. Tentatively, Detective John Morgan and Detective David Jacobs
residence (listed
will conduct the interview.

Respectfully Submitted,

Detective David Jacobs

-father phone call

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

04/0112015

Sergeant Eugene Sharpe

Interview of Jessica Ortiz
File

Jessica ORTIZ,
, Ohio, date of b i r t h - · cell phone number
was advised of the identities the interviewing Officers and the purpose of the interview.
Interviewers present were Detectives John Morgan and David Jacobs. The interview took place at 5055 Rocks ide
Road, Independence, Ohio on March 13th, 2015 at approximately 9:15am. ORTIZ thereafter provided the following
information regarding the Cleveland Police Department, Use of Deadly Force incident which took place at Cudell
Recreation Center (CRC), November 22"d, 2014 at approximately 3:30pm.
ORTIZ, City of Cleveland part-time employee, "Recreation Instructor One" (1), length of employment in
current position is two (2) years and one (1) month. ORTIZ generally works five (5) days a week and shifts are
typically four (4) to six (6) hours in length. ORTIZ was working the front desk registration on November 22"d, 2014;
her shift was 9:30am to 6:00pm. ORTIZ typically works these hours on Saturdays. ORTIZ described in detail the
process for signing into the recreation. ORTIZ indicated she was working with Milton Smith on this day. ORTIZ also
indicated the City of Cleveland has uniformed "off-duty" Police Officers assigned to CRC everyday with varying
shifts. The Officer working this day was "Will", last name Cunningham. On Saturdays the Officers' shift is 2pm to
6pm.
ORTIZ took her lunch at approximately 3pm; ORTIZ always leaves the recreation center on her lunch
break. ORTIZ usually goes home for lunch and returns an hour later. ORTIZ is seen on camera leaving CRC on
November 22nd, 2014 at approximately 3:00pm. ORTIZ exited the center via the back doors (west) and drives away
in her light blue Honda Accord.
ORTIZ received a phone call from her manager, Ronald Fields at approximately 3:40pm stating one of
your volleyball players' brother just got shot at the recreation center. Fields told ORTIZ to return to work immediately.
ORTIZ is seen on camera returning to recreation center at approximately 3:50pm, parking near the west entrance,
south side, facing north. ORTIZ walked to front entrance (east doors.) ORTIZ described the scene at Cudell as
follows:
Exits blocked off
A lot of Police cars near the Gazebo
Ambulance in the parking lot
People gathering near the entrance (east)

As ORTIZ walked toward the east entrance she was unable to hear anything the police officers were
saying. ORTIZ was met by co-workers, Joe Munoz and Milton Smith. ORTIZ was told by Munoz that the cops shot
Tamir. ORTIZ was very familiar with Tamir and his sister- ORTIZ had coached~ in volleyball, and Tamir her
brother, frequented the recreation center four (4) to five (5) days a week. Smith or Munoz told ORTIZ about~
getting tackled by the police and put in the back seat. They also told her she was very upset and screaming that the
police had shot her brother. ORTIZ stayed inside the recreation center upon her return. ORTIZ did not remember
being interviewed by any police officers that day or any other day. ORTIZ stayed at the CRC until approximately
5:50pm on November 22"d, 2014.

Ortiz interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE

IIIII

As stated earlier, ORTIZ was familiar with Tamir and
ORTIZ did not interact with Tamir too much.
ORTIZ would typically tell Tamir "what not to do" indicating he was never c:1 problem. Tamir liked to talk to girls and
played very little sports while at the recreation center. ORTIZ would see Tamir mainly in the game room or in the
hallways. Tamir was there almost every evening from 4pm to 7pm four 1(4) days a week, and was never a real
problem. ORTIZ remembers that on November 22"d, 2014 Tamir came t•o the CRC with his sister,~ and his
~TIZ could not remember the exact time. ORTIZ was shown video surveillance that depicts
friend
a~ . . arriving at the CRC at 11:05am on November 22nd, 2014.
Tamir,
ORTIZ was shown additional surveillance video from that day and ORTIZ was able to view herself among
others and provide information regarding person(s) depicted. ORTIZ specifically provided information for following
person(s) with regards to their respective clothing:
"Yellow j a c k e t " - (has a twin, - n )
"Fur coat"-Hispanic male (unsure of name)
"Plaid jacket"-Maybe ·- " last name unknown (LNU)
"White ~lack clothing·-"Gray"---

ORTIZ was shown video surveillance from a CRC camera labeled "cam ten" the time indicated
15:30hrs, the video depicts people standing outside the west entrance. ORTIZ identifies · and as the persons standing outside the west enttrance at this time. ORTI
the person depicted in CRC video surveillance from a CRC camera labeled "cam 4", a view of the
31 hrs. The video surveillance depicts a child (possibly Oate!)) talking to "Will" the police officer, while
he was seated at the front desk. is seen looking out the east doors prior to having a conversation with "Will". It
appears - t e l l s "Will" what he just saw as he looked out the east doors. "Will" reacts by getting up and exiting
CRC via the east doors.

Respectfully Submitted,

Dett:ctive David Jacobs

Ortiz interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

DATE

15-00004

Detective John Morgan #241

TO

April3, 2015

Sergeant Sharpe

SUBJECT · o - e r view with
COPIES TO

Lt. Smith, File

On April 2, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company with
Detective David Jacobs, we were assigned by Sergeant Eugene Sharpe to conduct a follow up investigation
into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014 at the Cudell
Recreation Center (CRC). The following is resutt of that investigation.

IIIII-

On this date ~tors met with and conducted an interview with
in the presence of
his father
at his residence located on the East side of Cleveland. The following is a synopsis
of the audio recorded interview.

IIIII....

-

W/M/15 D O B - ADDRESS:

CLEVELAND OHIO.

MOBILE TX:
stated that has lived at his current address for about one month and that in November of 2014
he was living at the address
in Cleveland Ohio.

explained that he didn't remember how long he had known RICE but stated that he met him
and only known him from hanging out at the CRC. He stated that he occasionally would play basketball with
RICE and commented that he wasn't that good of a basketball p l a y e r . - stated that he has never
visited RICE at his home and that he had never met this mother.
further explained that RICE would hang around with a male he knew only as
another male he knew only as ·~ed that RICE explained to him that
"Play brother" but was really his cousin an~ was his real cousin.
recalled that he was told b y - after the incident that RICE had received the BB gun from
was with RICE every day at the recreation center.
stated that

IIIII

were always together. He stated that the guys at the
stated that he a n d - CRC liked to pick on RICE and bully him. He stated that kids would talk about RICE'S clothes and how he
was dressed. reveled that sometimes RICE would wear the same clothes that he had worn the
day before or he would have a stain in his clothes on one day and he would wear the same clothes again
with the same stain on another day. relayed that boys at CRC picked on RICE almost every day.
-recalled an incident where he and RICE were pl~tball and a guy n a m e d had kicked a soccer ball at RICE and it struck him in the face. ~ said that it was an accident but
everyone who saw it knew that it wasn't an accident.

synopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE
- s t a t e d that on the day RICE was at CRC with the BB gun, he a n d - were walking from
West ggth Street, walked down W.1001n Street and ran into RICE andl another "little boy." They were playing
near the trailers located behind the Marion-Seltzer school waiting for the gym to open. He stated that RICE
had showed them the BB gun and that RICE let him hold the gun.
described the gun to be Black in color with some markings on it. stated that he fired
the gun at the trailer and that he took one shot a t - before RICE took the gun back from him. He stated
that the gun fired clear but slightly green BB's. Detective Jacobs pull,ed up a picture of the gun (Picture #64
from the CPD Crime scene photos) a n d - stated, 'That's the gun!"
stated that he didn't want to be around RICE after that because he had the BB gun. explained that 3 to 4 months earlier he was involved in a similar incident with a BB gun. He stated that he
had a BB gun and had pulled it out while inside of a Save-A-Lot stor•!. He stated that someone must have
called the police because he was eventually approached by a policeman inside of the store and was told to
put his hands up. He was asked if he had a gun, and while his hands were in the air he told the officer, "yes."
The officer then took the gun from him. He stated that he learned a llesson from that incident because he got
into trouble.
stated that when RICE took the gun back ~· decided to walk over to the CRC and
RICE told him that he would be inside in a few minutes. ~a ted that he a n d - were walking
around the CRC and ended up in the back by the arts building. This is where they were when they heard
gunshots.
- s t a t e d that~ that he thought he heard h~o gunshots b u t - believed that
he had heard three guns~ stated that he heard, "Pop/Pop .. ..Pop." He stated that he heard two
gunshots close together and one gunshot after the first two.
Shortly after hearing the gunshots- a n d - heard s1 female screaming, so they ran around
the building towards the pari< and then heard RICE'S sister yelling, "You killed my brother." - s t a t e d
that he heard and observed two white officers telling her to calm down and they were on top of RICE'S sister.
stated that he a n d - walked all the way around the pavilion and they were able to
observe RICE lying on his back with his knees bent toward the entrance to CRC (North) and it appeared that
he was dead. He stated that after walking around he a n d - re1turned to where everyone who had been
inside of building was now standing.
observed- video recording everything on his cell phone and another large older black
male, who had been playing basketball in the gym, also videotaping what was happening on his cell phone.
He stated that this older male was also talking during the video saying, "They done killed another one of us.n
was asked if he could remember where RICE had kep1t the gun; he stated that RICE kept the
gun in inside his waistband on his left side with the barrel pointed downward and he had to lift up his jacket to
pull it out when he was with him.
stated that RICE told him that day that his mother bouHht the gun for him and that he had
seven more BB guns at home. - s t a t e d that he never believed RICE when he said that statement.
believed that RICE was saying those things because he wanted to be cool. Further,believed that RICE had the gun that day because wanted to appear "Cool" and this is why he was showing
off the BB gun. stated that as long as he had known RICE: he had never seen him with a gun
before that day.

· -syt1opsis

 CUYAHOGA COUNTY SHERIFF'S O·FFICE

At this time Detective JACOBS began showing
on November 22, 2014. The video was being shown
were present at the center that afternoon and to confirm

sections of the surveillance video from the CRC
to see if he could help Identify others who
wn~ere;a[)OIUts on the video.

During the playback of the v i d e o - stated that he didn't ~:now the two males that walked up to
everyone by the rear door of the gymnasium however- beli,eves that two of the unidentified males
are members of the BBE-900 gang. When questioned if RICE had any involvement in that gang; stated that RICE has told him in the past that he "Rolled with" BBE-9100, but a g a i n - stated that he
thought RICE was also lying about that because he just wasn't the 1)/pe of person to be involved in a gang.
- s t a t e d that a lot of people at CRC claim to be in BBE-99 but they really are not in the gang.
stated that he recalled when RICE'S mother arrived at the center. HE stated that she was on
the telephone and he heard her tell someone on the phone, "I'm hene ... I'm here" and hung up the telephone.
Further he stated that when the ambulance was pulling out of the parking lot, RICE'S mother was in the front
seat of the ambulance and she had the window down, she was pointing at the cops saying, "Them cops are
going to pay:
stated that he a n d - stayed outside of the CRC until the ambulance pulled out with RICE.
and hung around for a shot time then went home.
This matter to further investigated.

Detective John Morgan #241

· - s ynopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective John Morgan #241

TO

--

April 7, 2015

Sergeant Sharpe

Synopsis of Meeting with
Lt. Smith, File

On April 6, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau writer was assigned
by Sergeant Eugene Sharpe to conduct a follow up investigation into a Cleveland Police Use of Deadly Force

incident which occurred on November 22, 2014. The following is result of that investigation.
On this date writer had the occasion to speak with
at her residence located
on a blog which was
, Lakewood, Ohio.
ina!
Police Use
rce nvestigation. (See Attached)
wrote in this blog that she had interviewed two females in connection with the incident at
~u ......... w.:o.,..r.:o!:lr•r'n Center and that they were friends with Tamir RICE.
·
Further,
wrote in the blog that RICE and his friends were at the Regional Transit
Authority (
station across the street and that a white man must have seen the gun and called the police.
The kids then ran back to the park and they were sitting together when the police arrived. She stated, "The
police pulled their guns on the kids, RICE'S friends backed away and told the officers that it was a BB gun w/
no bullets and went to lift up his shirt to show it to them, they shot him twice in the stomach. In front of not
only his friends, but also other children and I believe his sister as well."
After being advised of the identity of the interviewing detective.
she did not want to provide writer an interview, she stated that she
investigation in any way than she already has.

stated that at this time
want to get involved in this

Writer explained that The Cuyahoga County Sheriff's Department was attempting to conduct a complete
into this incident and is interested in learning every detail into this case .
. . . . . . . . stated that she is currently a graduate student and that she referenced being involved in
some way with Cleveland's City Counsel. At this time she refused to speak with investigators about this
case.
~stigation

Writer provided
about speaking with

ln\I<C"''tln,tnre

with a business card and informed her that if she changed her mind
please contact us.

This matter to be further investigated.

Detective John Morgan #241

Synopsiso···

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Det. Homer Allen

TO

04/08/2015

Sgt. Sharpe

Sgt. Rutherford Summary

Lt. Smith, File

On March 20th, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau Det. James
Mackey and I was given an assignment by Sergeant Eugene Sharpe to conduct an interview with Sgt. Jonell
Rutherford in reference to a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that interview.

Interview Attendees

Interview Location

Sgt. Janell Rutherford
Attorney Bob Phillips FOP Lodge 8
Sgt. Zurlinga Vice President of FOP Lodge 8
Capt. Brian Bentley President of FOP Lodge 8

5055 Rockside Road
Independence, Ohio
Suite 700

Sgt. Rutherford has been employed by the Cleveland Division of Police for 17 years. The past 11 years as a
Sergeant, she is presently assigned to supervise the 1s1 District Basic Patrol Division; her shift usually will start at
1:30pm or 3:30pm until she leaves (10hr. Shifts}.
On November 22, 2014, Sgt. Rutherford states that she was the only supervisor for the whole district when she
responded to her first UDF call , at Cudell Recreation Center. She arrived around the same times as EMS.
Rutherford states, she is responsible for the following:
•
•
•
•

Make sure officers are doing their jobs
Make sure that the crime scene is secure
Contact Dispatch and the District
Make contact with Homicide

Sgt. Rutherford recalls people stating "F the Police" and several people attempting to cross the crime scene tape,
and at some point the brother states he is going to spit on Det. Lentz and is eventually detained. When she first
observed Tamir on scene she thought that he was 16-18 years of age as EMS passed her while placing him in the
squad. Tamir's mother was brought to EMS and started to become very combative. Rutherford states that the
mother never said anything about him or her daughter, but remarked "I'm gonna have all your jobs, and if you think
they got 3 million, Just Wait!"
Rutherford states that it looked like the mother was swinging her arms in the EMS Squad, and went to check with
EMS staff, to make sure they were ok, she advised them to go. Rutherford thinks that, the mother's actions could
have caused a delay of care for Tamir, due to all the yelling.
Rutherford states that she has only supervised Officer Loehman for 1 month or a little longer. And that after she
completed all of her duties, she went and checked on the sister and brother. She does not recall the sister or brother
being charged with anything. Once Homicide arrived on scene, they are responsible for all pending cases and
charges.

SGT RUTHERFORD SUMMARY

 CUYAHOGA COUNTY SHERIFF'S OFFICE

Rutherford recalls she was off shift and searching on the internet on her 1-Phone when a friend named- sent
her a picture, the following summarizes photo origins:
•
- s o n located picture on Tamir's Mothers Facebook page
•
Tamir is pictured in Blue Shirt while holding 2 guns
•
- s o n went to school with Tamir's older brother, and recognized picture as Tamir
•
Rutherford called Detective Ray Diaz and provided a copy of phe>to, but she doesn't recall when
•
Rutherford attempted to search for Tamir web site on another occasion with negative results
Sgt. Rutherford states she has never seen individuals, reacting like on this scene. None of the Cleveland Police
vehicles are equipped with any first aid kits, or is there any type of medical training provided , besides, maybe the
CPR training received back in the police academy.
Please refer to DVD copy of this interview to obtain any additional needed information.

Respectfully submitted,

Homer Allen #225

SGT RUTHERFORD SUfvfN\RY

 -

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILENO.

FROM

15-04 {Tamir Rice)

James Mackey, Detective

SUBJECT
COPIES TO

File

DATE

TO

Sgt. Sharpe

4/9/15

 ISIS-35

CUYAHOGA COUNTY OFFICE

WHISHHM
James Mackey, Detective

CIS-36

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

James Mackey. Detective

DATE

TO

4/10/15

Sgt. Sharpe

Interview of Cleveland Police Disptacher Beth Mandl
File

Summary
On Wednesday, AprilS, 2015 at 4:14pm, at the Cuyahoga County Sheriff's Department Detective Bureau in
Cleveland Ohio, Detective Allen and I (Detective Mackey) interviewed Cleveland Police Dispatcher Beth Mandl.
Mandl was accompanied by CPPA Counsel Keith Woulgumuth and was also joined later in the interview by CPPA
President Steve Loomis and CPPA Counsel Henry Hilo. The interview was in regards to a call she dispatched to
1910 West Boulevard (Cudell Recreation Center), Cleveland OH 44102 on Saturday November 22, 2014 tor a male
with a gun.

Details
Beth Mandl is a dispatcher with the City of Cleveland Police Department and has been employed in that capacity
since December 201 0. Prior to that, she was employed as a Dispatcher with Case Western Reserve University
Security/Police Department for two to three years (2-3).
I asked Dispatcher Mandl to explain the workings of the dispatch center from the layout, to how 911 calls are taken
and dispatched. Mandl explained the room layout, and drew a rough sketch of the dispatch center. She said the
dispatch center was one large room that houses police dispatching as well as CFD and EMS. The room is broken in
two with CFD and EMS dispatching on the West end of the room and the Police dispatching on the East end of the
room. She further broke down the East end of the room with an elevated supervisor's station to the North. Call
takers located along the South West wall. The District Dispatchers located to the East of the supervisor station .
She explained that the call taker receives all 911 calls within the City of Cleveland. A 911 call would be answered by
one of the Police Call Takers and they ascertain if it is a Police, Fire, or EMS emergency. If it is a Fire or EMS
emergency the call is transferred to Fire/EMS dispatch (located on the West end of the room) . If it is a Police
em~rgency the Call Taker would gather the necessary information and enter it into the Computer Aided Dispatch
(CAD} system. Once the information is typed into the CAD system. it is transferred electronically to the dispatcher
responsible for the geographic area the emergency is located. Unlike the Call Takers who receives 911 calls from
anywhere in the City of Cleveland. The Dispatchers are responsible for dispatching calls for service to officers within
the District they are assigned to. The Cleveland Police Department has divided the City into five (5) Districts.
Please refer the attached maps obtained through the City of Cleveland website for the geographical boundaries of
each District.

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
Each district has its own radio channel and is staffed by at least one (1) dispatcher. Typically there are nine (9)
dispatchers on duty, five (5) for the district channels, one (1) for warrant channel, one (1) for the tow channel and
two (2) relief dispatchers. She said that each dispatcher is monitoring at least six (6) computer screens and has to
be proficient at multitasking. She explained that once the call taker transfen~ the gathered information electronically
it appears in a queue of "pending calls" and it is assigned a priority (level of importance) from the call taker. The only
information seen by the dispatcher is what is typed in by the call taker other than that they have no further
information and typically a dispatcher has no direct contact with the caller. She did note that if additional information
was needed or requested by the officer, she would call the person back and speak with them directly.
I asked if the call taker ever walks over, calls the dispatcher or yells across the room to clear up any vague
information and she said no, the information is sent electronically from the call taker to the dispatcher.
On Saturday November 22, 2015 Dispatcher Mandl was assigned to dispatc:h for the First District and recalls
dispatching cars to Cudell Recreation Center for a report of a man with a gun. The dispatch audio (Dist1 , 11·22·
14.mp3) was played for her. At the beginning when the call appeared in her queue of calls to be assigned she had
no cars "free'' that she could assign the call to. She radioed for a "Road Boss" and informed the female who
responded that she did not have any cars available for a "Code 1" at Cudell for guy sitting on the swings pointing a
gun at people.
Mandl dispatched the call to two cars (A26 and A25) that were able to clear from their current assignment.
"It's at Cude/1 Rec Center, 1910 West Boulevard, 1910 West Boulevard. ~is calling he said in the park
by the youth center, there is a black male sitting on the swing. He is wearing a camouflage hat, a grey jacket
with black sleeves. He keeps pulling a gun out of his pants and pointing it a people. It's a code one .. . 1528''
(3:28pm).
At time stamp 4:14 a male voice can be heard "Radio um shots fired. Male ,down, um black male maybe 20, um
black revolver (inaudible) ... send EMS this way and a road boss." Mandl asl<ed if they were at Cudell and at time
stamp 4:46 the male voice "yes ma'am at Cude/1, he has a gunshot wound f() the abdomen.n Mandl said at this time
she phoned across the dispatch center to EMS. Time stamp 5:10 "we are fine my rookie hurt his ankle." Time
stamp 5:41 screaming could be heard in the background and the male voice~ asking "radio can you speed EMS up".
She said she called EMS and asked them to "step it up". Time stamp 6:21 another request was transmitted "radio
step it up". Other radio traffic can be heard requesting that EMS step it up. Mandl informed that EMS had been
advised. Mandl said, initially she didn't know it was a police shooting. Once! she realized an officer discharged his
weapon she made notification to her supervisor so they can start their protocol.
Prior to the conclusion of the interview Attorney Henry Hi low read, for the record, an email from APA Meyer.
The interview was video recorded and placed into the case file. Please refer to the video recording for further
details.

IIII/ISI/1/11/
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

Det. Homer Allen

DATE

TO

04/10/2015

Sgt. Eugene Sharpe

EMT Bittel Summary
Lt. Smith, File

On March 18th, 2015 at 11:00am while assigned to the Cuyahoga County Sheriff's Detective Bureau
Sergeant Eugene Sharpe and I conducted an interview with EMT Ryan Bittel in reference to a Cleveland Police Use
of Deadly Force incident which occurred on November 22, 2014. The following is result of that interview.
Interview Attendees

Interview Location

EMT Ryan Bittel
Daniel Linnel (Local 1975)

5055 Rockside Rd.
Independence, Ohio

Ryan Bittel has been employed by the City of Cleveland EMS for 4 years. He previously worked for Rural
Metro Ambulance Services since he was 18 years old. 6 Months of training was needed for his basic EMT
certification and 1 full year was needed for his Paramedic Certification.
On November 22, 2014, Bittel was assigned with EMT Aaron Nicholson on Medic #30 based out of
E.102"d and St. Clair Avenue working 7am to 7pm. The following is a summary of information received from Bittel
during this interview:
•
•
•
•
•
•
•
•

They are dispatched either thru radio or via their computer in the ambulance, which gives location and
description of incident. There Ambulance has a GPS Locator for dispatch placement.
They were en-route at 3:32 pm and arrived on scene at 3:40 pm. (8mins)
Bittel recalls multiple police cars and a lot of people on scene.
They started patient care on him near the gazebo, fire was providing care upon their arrival.
Shooting calls are considered a "Load and Go" situation; "Put in back of ambulance and get going"
All intervention is done en-route and a fireman is asked to drive the ambulance (he doesn't recall who
drove).
They loaded up Tamir in the ambulance at that time he had a pulse, but he was unresponsive.
He didn't know it was an officer involved shooting until arriving at the hospital, Bittel states he has been
on approximately 20-50 shooting calls.

Bittel states that firemen and police officers occasionally enter the EMS truck. With that being said, if
anyone is delays or hinders care, they will be removed from the EMS truck. Bittel recalls the mother being irate,
stating she wanted the Chief of Police called.

Respectfully submitted for your review,
Homer Allen

EMT Ryan Bittel Summary

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT

COPIES TO

DATE

15-00004

James Mackey, Detective

TO

4/12/15

Sgt. Sharpe

Contact Attempt to CPO Det. Lentz

File

In relation to the above titled investigation, I was assigned by Sgt. Eugene Sharpe to arrange an interview with
Cleveland Police Detective Daniel Lentz of the 1st District. Det. Lentz was riding with FBI Special Agent.
conducting follow up investigation to an unrelated bank robbery in the 1st District. According to S A . they heard a
radio transmission for shots fired and they responded to assist.
On Sunday April12, 2015 11eft a voice mail message on the 1st District Detective line requesting Det. Lentz to
contact me. My contact information was left.
A follow up call will be place on Tuesday April14, 2015 in the event I do not receive a call from him.

IIIIII SIIIIll/
James Mackey. Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT

COPIES TO

DATE

15-00004

Det. Homer Allen

TO

04/16/2015

Sgt. Sharpe

Joe Wise Summary
Lt. Smith, File

On Friday March 20th, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau Sgt. Sharpe ~yjsed
Detective Mackey and me to interview Joe Wise in reference to a Cleveland Police Use of Deadly Force incident
which occurred on November 22, 2014. The following is summary of that interview.
Joe Wise reported to 5505 Rockside Rd. Independence and states that he has previously provided a statement to
Cleveland Police Department. Wise states the following :
•
He is 81 Years Old
•
Worked for the City and Board for 34 years as a teacher in physical education and recreation
•
Retired in 1985 and came back as a consultant.
•
Is supervisor of the "Old Tymers· Basketball Team that practices at Cudell Recreation for the last 2 years.
•
Has been with Basketball organization for 46 years.
•
On Nov. 22nd arrived around 1:40-1:45 for basketball practice and parked in handicap parking spot.
•
He saw a young male 20 feet from his car, pointing a black gun towards the ground.
•
No one else was out there so he didn't focus on him or alarm him, young male turned and walked away.
•
Young male was wearing a grey jogging suit with blue arms.
Once Joe Wise observed the two coaches arrive, he exited his car and entered the building thru the rear doors
closest to the basketball courts. He has only spoken with one kid, which was going to Central Catholic High School
for Basketball and doesn't have any dealing with any other kids from Cudell Recreation Center.
Please refer to DVD copy of this interview to obtain any additional needed information.

Respectfully submitted for your review,
Homer Allen

Joeseph Wise Summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-0004

Det. Homer Allen

TO

04/16/2015

Sgt. Sharpe

EMS Supervisor Foley Summary
Lt. Smith, File

On Thursday March 19th, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau Sgt.
Sharpe and I conduct an interview with EMS Chief Supervisor Foley in reference to a Cleveland Police Use of
Deadly Force incident which occurred on November 22, 2014. The following is summary of that interview.
Interview Attendees

Interview location

Chief Dispatcher Supervisor Renee Foley #218
Dan Ressler (OBPA) Representative

5505 Rockside Rd.
Independence, Ohio

Renee Foley has been employed by the City of Cleveland since 1994 as a dispatcher. For the last 3
years she has been the Chief Dispatcher responsible for 27 Dispatchers, payroll, scheduling, field calls, and talk to
supervisors on the street. Her years of experience and a month long, on the job supervisor training have prepared
her for this position.
911 Call Process

•
•
•
•
•

Call received by call takers, usually {8-10) on each shift
Call takers enter data into computer about call (Will scream across room) "Guy in park with a gun"
Call automatically transferred to district for dispatcher to assign
Dispatcher has a certain number of cars to dispatch from each sector, right away
If no open cars available, dispatcher can send another car depending on priority of call

Shots Fired Process

•

Once she is notified of Shots Fired, everyone is paged thru paging system, along with the following :
1. Chief of Police Williams (Contacted on phone directly)
2. Commander of District McCartney (Contacted on phone directly)
3. UDFIT "Use of Deadly Force Investigation Team" (Paged)
4. Union Representation (Paged)
5. All Commanders in City (Paged)
6. Safety Director (Paged)

This protocol has remained the same since she has been here. There is a policy and procedure for this
order and a separate policy and procedure for Dispatchers and Dispatcher Supervisors. All calls are recorded, but
she doesn't know how long the records are kept. When all calls and pages are sent and acknowledged she
produces a Chiefs Items list to forwarded, completing her roll. Foley feels that protocol was followed, and nothing
seems out of ordinary about actions of her dispatchers and herself.
Respectfully submitted for your review,
Homer Allen

FOLEY SUMMARY

 C/S-.35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

James Mackey, Detective

TO

4/20115

Sgt. Sharpe

Tennative Interview [Lentz I Hollinger) Follow up with CPPA President Loomis
File

On Friday April17, 2015 a follow up call was placed to CPPA Union President Steve Loomis advising him that a
tentative interview was set up with Detective Lentz for Wednesday April 22, 2015 at 5:30pm. On Monday Apri120,
2015 I spoke with Loomis via phone and again relayed the information to him about the tentative interview with Det.
Lentz. I also again requested that if schedules allow that Dispatcher Hollinger also be scheduled for the same day.
He informed me that he would check the schedule of Union Attorneys.
A follow up call will be placed on Tuesday April 21, 2015 to confirm.

IIIIIlSI/IIIII
James Mackey, Detective

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFF ICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

James Mackey, Detective

TO

Sgt. Sharpe

Det. Lentz Tentative Interview

File

On Monday April14, 20151 spoke with Det. Lentz at P 1 District Detective Bureau by phone. I requested an interview
. with him regarding his observations and recollections after responding to 1910 West Blvd., Cleveland Ohio on
November 22, 2014. A tentative meeting has been set for Wednesday April22, 2014 at the Cuyahoga County
Sheriffs Detective Bureau.

II1111/SI/III/11/
James Mackey, Detective

 C/8.35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15·00004

James Mackey, Detective

DATE

TO

4/22/15

Sgt. Sharpe

Wit n e s s - - Attempt to Contact
File

In relation to the above investigation, Det. Allen and I attempted to make contact w i t h was
previously scheduled to be interviewed on March 27, 2015 with his mother- and was a no show. The interview
would be center around his observations and interactions with Tamir Rice that he had on November 22, 2015 at the
Cudell Recreation Center (1910 West Boulevard, Cleveland OH). -was identified by other witnesses and
identified on Cudell Recreation Center video as being with Tamir Rice earlier in the day on November 22, 2014.
Today we attempted to make contact with- to schedule another interview at his residence at
OH. His mothersaid he had run away and is interested in filing unruly charges
through juvenile. Det. Allen and I attempted to locate him at two addresses that his mother supplied us with as well
as checking at Max Hayes High School where he is enrolled.
A t - we spoke with School Security Supervisor Officer- who indicated IIIII was not in attendance
at school today. School attendance records have him absent from school since April 14, 2015 with the exception of
attendance at two classes in April20, 2015. Our contact information was left and asked that a call be made to us
when he is in attendance at school. We reiterated to Officer Malone that

IIIII was not in trouble , he was a witness

in a case we are investigating and we would like to speak with him.
OH, one of the addresses that his mother gave us as a
We also checked a t - ~
possible location (3 houses down from his residence). We were unable to make contact with any occupants at this
address.
OH (one street West). Contact was
The second address given to us by-was-~
made with
She s a i d - was a friend of her son,. .. She s a i d - had
frequently stayed at her house when his mother kicked him out but she was unaware of his current location. We
also spoke with her sonllllllwho said he did not know Tamir Rice and did not have any interactions with him on
November 22, 2014. He also was unaware of the whereabouts o f - Our contact information was left with
and asked her to call or pass our information along t o - if she saw him.

1/11/ISII/1/II
James Mackey, Detective

 CIS-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

15-00004

James Mackey, Detective

DATE

TO

4/23/15

Sgt. Sharpe

Detective Lentz and Dispatcher Hollinger Interview Date/Time Set
File

In relation to this investigation on Tuesday April 21, 2015 I spoke with CPPA President Steve Loomis via phone
confirming interview with Detective Lentz and Dispatcher Hollinger on Wednesday April 22, 2015 at the Cuyahoga
County Sheriff Detective Bureau. loomis requested that if all possible the interviews be conducted either Thursday
April 23 or Friday April 24, 2015 to accommodate schedules of all interested parties.
Friday April 24, 2015 at 9:00am at the Cuyahoga County Sheriff Detective Bureau was confirmed for Det. Lentz as
well as Dispatcher Hollinger and respective Union representation would be in attendance.

11111/SIIIIIII
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Det Homer Allen

TO

04-23-2015

Sgt. Eugene Sharpe

EMS Paramedic Aaron Nicholson
Lt. Smith, File

Sir.

Message was left for EMS Paramedic Aaron Nicholson on Wednesday April 22, 2015 at 4:34pm via
cellular phone number
to please contact this officer to set up an interview, but as of Thursday night
have not received a call back.

Submitted for your review,
Homer Allen

EMT Nicholsoo 1st attempt

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

Det. Homer Allen

SUBJECT
COPIES TO

DATE

15-00004

TO

04-27-2015

Sgt. Sharpe

Interview Attempts

Lt. Smith, File

Sir,
While on duty and assigned to the Cuyahoga County Sheriff's Department Detective Bureau, Sgt. Sharpe
requested that an interview be established with possible witness Terrell Stanley. In reference to, his possible
knowledge of Cleveland Police Shooting at Cudell Recreation Center on November 22, 2014.
The following shows all attempts made to establish an interview w i t h - :

1.

Tuesday April 14th arrived a t - Residence at
left business card.

2.

Wednesday April 15th
mother of-called to
that-works 4p-12a and told me to call him in mornings at

3.

Monday April 20th contacted- at home and interview set up for Friday April 241h at 2pm
M s . - called very upset about interview, she was informed again about reason for the interview
interview. She agreed and states she would be there
and was told that she was free to join us on F
on Friday.-gave me his cell phone number
for another contact

4.

Friday April24'h while waiting at Independence, I attempted to contact-1 on his home number
2 times I got no response. I contacted his cell phone and it does not except incoming calls, thus a
additional call was placed to the home phone, and a male answered and acted like he could not hear
me. I called back and this time no one answered.
never showed up for 2pm interview
nor did he contact me on my office or cellular phone.

Respectfully submitted for your review,

Homer Allen

Attempts

Spoke with brother o f -

 1

Case # 15-00004
Interview ofFirefigbter Patric}s Hough
April29, 2015
Time: .1:18PM
Place: Fire Station#1
Present: Frank M. Szabo, President of the AssoCiation ofCleveland. Firelighters
Patrick Hough, Firefighter Station 23
Francis Shantos, Acting Chief ofDivision
Sgt. Eugene Sharpe, Cuyahoga County Sheriffs.Departme,nt
Wayne Nader,.Battalion Chief .
Sgt. Dave Lisy, Cuyahoga Cow1ty Sheriff's Department
Det. Homer Allen, Cuyahoga County Sheritl''s Qepartmeni
Det. John .Morgan, Cuyahoga County Sherifrs D~pa~ent
Morgan: Again, prior to us beginning ttl is interview, ·we do understand that this is something
that Patrick Hough, Firefighter 1?
Hough: First gtade.
r

Morgan: First grade, um is dQingv.olunt~rily1 um,.uq~, and we appr1ec~ate h.iPl comjng fo~ar9,
um, at the request ofthe Sherifrs Office and the, the Cleveland Fire:.Department along with the
Chiefs for allowing it to occur. We're going to talk about the events that.:occurred on November
22nd, 2014, but prior to us gettin' to that, I'd like to get a little oackground information on you.
Hough: OK.
Morgan: What' s your full name?
Hough: Patrick James Hough
Morgan: Urn, what's your date ·of birth_, Patrick?
Hough:-.
Morgan: OK; and when.did you uh,.jpin the-Cleveland Fir~ Dep~rtm~nt?.
Hough: 3/9/98
Morgan: Is'tbat when you joined, or is that when you got out ofthe~ ..
Ho~gh:

That's my first day ...

Morgan: ... Fire Academy.
Hough: That's when I joined.

f. ·

;

 2

Morgan: OK.
Hough: Yeah.
Morgan: Now,I don't know how, how it works, urn, (inaudible) when you graduate or; or
Hough: Yeah, the start date is 3/9/98
Morgan: The start date is 3/9/98? OK: OK, and urn, what is your current assignment?
Hough: My currentassignme11t is Engine 23.
Morgan: Which is located ...
Hough: 9826Madison.
Morgan: Now,. explain to us about what a First Grade Fire Fighter
is for all those ·Of us who
.
don't have that knowledge.
Hough: Your start date- my start date, 31919&
Morgan: Uh-huh,
Hough: ., .as of(he11, I'm considered a Fourth Grade Fire Fighter.
Morgan:. OK.
Hough: And then each year, you.move up:to Third.Grade,. Second Grade; .it's part or your
apprenticeship.
Morgan: OK.
Hough: I guess; does that sound right?
Morgan: Outstanding - I mean, we're learning as we go.
Hough: 1 understand.
Morgan: And urn, again, just let me say,if; if I ask you a questioh- rwant you to feel
comfortable. If I ask you a. question, and you don't feel like answering; you can, you know, turn
to your Union Rep. You can turn to your Chief, or you can say, "!just don't feel like
answering,~' and I'll say, "OK, ....
Hough: Alright.
Morgan: ... I understand;'' OK?

 3

Hough: Yep.
Morgan: So, can you also explain to us urn, how is it that you work? What's your shift? Urn,
some of us know it's like, some thirtkies 24 hours on; 24 hours ... I don't understand.
Hough: Yeah, 24 on; 48 off.
Morgart: OK.
Hough: And actually this day, lucky me I was working on a trade; tha:t wasn't my shift. I was
working for uh, Rich Sheft. ·
Morgan: OK.
Hough: So, that was a B shift; nol',my normal shift, but obviously guys I' in quite familiar with.
Morgan: OK; and UlJ1, so,during that 24 hours on; you guys are; you know, you're doing your
duties at the Fire House. Urn, uh, and obviously, you respond to- and what kind of calls to you.
all respond to? Is it just fire?
Hough: Medical emergencies; fires.,,
Morgan: OK.
Hough: ... urn car accidents; .a long list.
Morgan: A long list of things?
Hough: Yeah.
Morgan: OK; urn, had you been called out that day prior to this?
Hough: Yes, actmilly, we were on a run when we- we had just cleared a run on uh, 41" and .90;
a car accident on the highway, and just called iri s·ervice and were heading back to 90West to
head back to the station, and we received this call; so, what normally would have been a 45
second response time, because it's literally right behind o.ur firehouse- CudeiL You know, it's
probably 4 minutes.
Morgan: OK; OK; so, on this date, November 22"d, 2014, when does your Shift start; that24
hour period begin?
Hough: 8:30 in the morning.
Morgan: 8:30 in the morning.
Hough: Uh-huh.

 4

Morgan: Urn, and ihis is a Saturday?.
Hough: Correct.
Morgan: Urn, you had.a previous. call. You're on your way back to the fire house on this same
ladder Engine 23?
·
Hough: Correct.
Morgan: Urn, and how does the call come through?
Hough: We received it as- I, I, can't remember the age. I know it wasn't 12 year old ...
Morgan: If you can:t remember; you can'tremember.
Hough: Yeah, I can't remember- we received it as a GSW; gun shot wound. Male with a
gunshot wound.
Morgan: Well,. when I. say, how's it come in, does .it come in like ...
Hough: There's a computer on our.apparatus.
Morgan: OK.
Hough: And uh, the Lieutenant was iii the front seat, and he's the one'that gets it.
Morgah: OK.
Hough: And uh ...
Morgan: So, it's not like how we wmiJd.normally get it or you know-.it comes over the radio,
'"Hey, car such and such, you available?" or "Hey, we need you to respond to this;" It comes
over ...
Hough: WeJI, it will come across the computer first, and then our dispatch will.contact us over
the radio.
Morgart: OK; OK.
Hough: Yeah.
Morgan: OK; so, yciu arrived on scene; urn, how many fire fighters are on Engine 23?
Hough: There's 4 ..

,.

 5

Morgan: There's 4?
Hough: Yeah.
Morgan: Urn, obviously, you have a driver, you have aJieutenant ...
Hough: Driver, lieutenant, and two, two on the back step.
Morgan: OK; so, if you can recall, how do you enter Cudell?
Hough: We came- there's uh, yoli know, two, two entrances off ofuh, West Boulevard?
Morgan: Uh-huh.
Hough: We came the south one, because we were coming from 98'h.
Morgan: OK.
Hough: Uh, so we entered the first one; came all the way straight back, and then, we parked
.right on the- before ya'; you know, swinging around to go out. We were on that:little straight
away right; right in front of the- the police car was right in front of me when we got out.
Morgan: Do you recall, ifyou can, can you remember any details about when you dismounted
from the unit, and were going over toward where the police car was at the gazebo?
Hough: I remember see in' the police car where it was, which kind of threw me for a loop. Why
was it on the grass?
·
Morgan: Uh-huh.
Hough: And then, there was- when we got to the body, there was a gentleman who we later
found out was FBI- I think; that was administering first aid.
Morgan: OK.
Hough: Urn, he was- he said he Was a paramedic;so, my boss was a paramedic also; so, they
were kind ofrunnin' the show. I had to run back to the engine for suction. And! remember
running back, and I didn't notice when I first got off the engine, but when I was running back, I
know it seemed like a hundred people standing there with phones.
Morgan: Yeah.
Hough: Which l was- I was just, "Where's they come from?" So, that kind of took nie by
surprise.
Morgan: They were filming with t.heir video ...

 6

Hough: Right.
Morgan: ... portion of their cellular ...
Hough: Right.
Morgan: ... telephones? OK.
Hough: Right; I don't know if it was a hundred people, but it seemed like a lot.
Morgan: I'm sure it was probably close; urn, ...
Hough: So, I got back with the suction, .and probably aLthis point, EMS had pulled up.
Morgan: OK; it's hard to gauge time in those circumstances; I understand. Urn, and you were·
coming from the. highway; so, based on the time that you were dispatched, what would you say
approximately the response time Was about 2mirtutes, Jminutes?·l don't.know
Hough: 3, 3 to 4 minutes.
Morgan: Do you recall how long after you. were on scene did EMS arrive?
Hough: I'd say probably about the. same, J minutes.
Morgan: OK; now ...
Hough: !.can't be sure about thateither.
Morgan: While you're goin' backand forth, when you came- when you got off the engine, did
anybody say anything to you other than the·agent? Did you hear anything?
Hough: Nuh-huh;no.
Morgan: Did any officer speak to you atall?
Hough: I never spoke ,to an officer at all.
Morgan: Urn, at.some point...
Hough: Well ...
Morgan: Go ahead; go ahead.
Hough: It's a lit.tle further down; so, l don'.t know if! should. It was after when I. was in the
ambulance; and the mother was, was getting in, and she was having a confrontation with a
woman police officer, and I think it was about the daughterin the back of the, ofthe squad .car.

 7

Morgan: OJ(
Hough: And, I had to wait for Engine 23 to move; so, I could getby·once we got Tamir loaded
up. So, I was waiting on the engine to.move, and it moved, so, now, I'm trying to go, and she's
still hanging out the door screaming at the officer, and l'mjust like we have to- could you
please shut that door, we gotta go. And then the officer said something to the effect, ".Get her out
of here now, or she's goin' to jail." So, something along those lines.
Morgan: OK; urn; so, leading up toputting Tamir in the ambulance, urn, about how long after
that was between when. you weritto get suction, until you guys loaded him up?
Hough: Uh, it was- EMS wasn't on scene at aiL It was a load and go. We. got him loaded up
pretty quick
Morgan: So, at what point- because I don't know how it works between EMS and fire. Urn,
you were the driver ofEMS?
Hough: Yes; when those situation with life threatening, they'll have Fite drive wthey'll have
their 2 medics in. the back.
Morgan: OK.
Hough: And then, our medic was in the back also; so, they .had 3 medics in the back, and then
somebody from Fire-will drive.
Morgan: So, you got the urn, you got the urn! assignrilentof driving?
Hough: Correct
Morgan: The, the, unit, the bus, the unit, the EMS truck
Hough: Yes; uh,huh.
Morgan: So, when you all load Tamir in the back,. urn, did- where was mom? How does mom
come into this -Mrs. Rice or Miss Rice? How does she get -1 understand she was in the front
seat?
Hough: Yes; they nonnally don't want them riding in the, in the back.
Morgan: Sure.
Hough: Urn, I, l never saw her -1 heard she came down 99, but I don't remember seeing her
until she was getting in the, in the rig.

 8

Morgan: OK; so, as you previously stated, that she. was in the frontseat, and she wasjustkind of
leaning out the window or ...
Hough: She had just never shut the door. She was just yelling out at the, at the woman.
Morgan: What was she yelling?
Hough: It was something about the daughter. She- that, that, "Get her out ofthere or I'll have
your job;" or she said that a few times to me on the way there. (inaudible), but she wanted,
wanted her job for detaining the daughter.
Morgan: OK; well, after she closed the door, and she's seated, and you- I'm sure y_outold her
to put her se~t belt on. What did.she say to you? What was her demeanor? Can you just
(inaudible) how that whole_ thing transpired?
Hough: She.screamed at least 10 times, "I know thduck they didn't shoot'mymother fuckin'
son." Just kept like rockin' back and forth; just screaming it.
Morgan: OK.
Hough: And now we're movin\so, I'm just.- I was tryin' just to keep my eyes on the.road and
not engage.
9:22
Morgan: Sure.
Hough: And she never; she nevcrreally addressed me ''til later. After she took a phone call she
addressed me, but she kept sayin' that, and then she said, urn, "I'll have all your jobs. i'll see all
you mother fuckers at Pelican Bay."
Morgan: OK.
Hough: And then, this is while we're on 90; we're proba15ly approaching like 41 51 - 44 1h.
Morgan: Pelican Bay?
Hough: Yeah.
Morgan: Where'd that come from?I'm trying to figure out why she ...
Hough: Uh, Denzel Washington. lt;s a line from .Training Day.
Morgan: OK.
Hough: That's what lwas told. I didn't know what it was either.

 9

Morgan: Alright.
Hough: So, uh, then right after; after that, you know, still rockin' back and forth screamin' about
her son being shot. Then her phone rartg.
Morgan: OK.
Hough: So, she was on the phone and screaming at- I have rio idea who it was that called her,
but she was screaming that her son got shot, and we were on the way· to metro, and "get your ass
up to Metro now." And then she- this is the only time she addressed me. She put her hand over
·the,. uh, uh, phone, and turned to me and sa.id, "He dead."·
Morgan: He did?
Hough: He dead. I .said, "No, he's not dead."
Morgan: Oh, like: he dead?
Hough: Yes.
Morgan: OK.
Hough: And then she got back onto the- back to her conversation.
Morgan: Just for my education on this, are the sirens goin'? Are the lights gain'?
Hough: Oh, yeah; uh-huh.
Morgan: And she can still talk on the phone? Those things are loud.
Hough: It's loud; yeah. She was; she was yell in'.
Morgan: Urn, do you recall anything else about that telephone conversation?
Hough: Just, no;.justwhoever she was talkin' to, she wanted them at Metro, ASAP,
Morgan: OK; and. later she said somethin' to. you; you said, this is the.Pelican Bay line?
Hough: Yeah, well, that was before her conversation; that she was gonna have all ofour jobs.
And at this point, I didn't, I didn't know it was a police shooting. I didn't know that until I
walked out <if Metro and an· EMS supervisor said somethin' to me.
Morgan: OK.
Hough: So, the whole time·...

 10

Morgan: You didn't know? You just. ..
Hough: No, I had no idea. None of us did, because we were talkin' about it on the way back.
I'm like, ''Did anyone know this was a cop (inaudible)?" We had no idea. It never came across
our computer; I- not nece~sarily would. I 111ean it wouldn't -It wouldn't make a difference, I
guess.
Morgan: Did anybody happen to- either when you were on-scene, odn the- on the ride to
Metro; did anybody happen to mention his age?
Hough: No, I didn't know that 'tll the next day.
Morgan: OK.
Hough: Or the nextmoming when- 'cause he was a pretty big kid. I was- I remember being
shocked whe11 I heard he was.l2.
Morgan: Uh-huh.
Hough: I would have thought like 16; maybe- somewhere .in there, but I was like 12; wow.
Morgan: Was there any threats to you from anybody? Anybody; family members; I don'tknow
what happened- once you get, once you get to the hospital; once yougetto Metro ER, what's
your role when you get ihere? ·
Hough: We get the patient into the operating room; into the- to the doctors.
Morgan: OK.
Hough: Get the (inaudible) offthe cot, and then, then we're do11;e.
Morgan: Now, whenyou pull up and they' retaking him out. ..
Hough: We took- I took him out.
Morgan: Did you help take him out?
Hough: Yes.
Morgan: Where was mom? Was mom stilL ...
Hough: She was getting out of the rig.
Morgan: OK.

 11

Hough: And she was still on the phon·e with- I:don't know if it was the same conversation of
not, hut ...
Morgan: No other family members were there; just. ..
Hough: Not that I recall.
Morgan: OK.
Hough: I'm sure they were filtering in by the tiine we left there, 'cause ihe people were starting
to show up as, as we were getting back on to Engine 23.
Morgan: OK; urn; so, when you, again, wheri youarriveq, urn, everybody- where was he,
Tamir, located when yo~, when you arrived on scene? I'm just tryin' to go back now.
Hough: Right under the gazebo there ot a:t.the gazebo,
Morgart: OK; which way was he ...
Hough: I WaJ1110 say, ...
Morgan: ... facing? Was his legs facing ...
Hough: ... I want to say his head was facing south,
Morgan: OK; OK.
Hough: Yeah.
Morgan: Urn ...
Hough: And there was- I was like very surprised that there was, there was, no uh, there wasn't
much blood. There was no exit wound.
Morgan: OK; did you see the fire~arrn at all?
Hough: Yes.
Unidentified Person: Hold ·on, hold on;.can we clarify that? Can you amplify your question so
that he ... ?
Morgan: Absolutely; did you, dld you see the, urn- at the scene, urn, was there something that
resembled a fire arm.
Hough: What I thought was a gun; yes; near, near him; close probably.

I

l

 12

Morgan: Was it near~ how close to him was it?
Hough: It was within a couple feet.
Morgan: OK.
Hough: I remember loading him up, and that's, that's when I saw it, as we were lifting stretcher
onto -or lifting the back board onto the Cot.
Morgan: Did you see anything else around- 'cause I know -listen, I understand it. I mean, you
get there; you're focused on, on, you know, what your job is. And that's to save lives. Um, but I
just don't .know if you happened to catch a .glimpse. You saw the, the, what appeared to be a fire
arm. I don'.t know if there was anything else. Was there anything else associated with that?
Hough: No, that's, that's, that's alii recall. It was kind of like. real quick.
Morgan: I understand; OK. Om, you have anything?
3:20

Allen: Um, how many shooting calls have you; think you've responded to?
Hough: A lot.
Allen: Quite a few? Have the scene basically been, generally about the same, or.did this one
stand out more than the other ones?
Hough: Well, I remember uh, obviously before I fourid out.it was uh, uh .police shooting, I was
in a situation almost identical, where the mother rode in the front seat with me.
Allen: OK.
Hough: Her son was shot; but it wasn't, it wasn't a police shooting, and it came back to me as I
was getting on 90, I was thinking, "Wow, is this different." Because that woman wanted to hold
my hand, and she wanted. me to pray with her, and that thought.went through my head, "Oh, this
is, this is a little different." And it makes sense now ifthe police (inaudible), and people are
gonna react differently.
Morgan: It was the opposite.
Hough: It was the exact opposite.
Unidentified Person: Right, right, right; um, whatis an ALS truck?
Hough: An ALS truck?

 13

Unidei1tified Person: Correct.
Hough: Advance.d Life Support.
Vnidentified Person: Alright; is your squad considered a ALS truck.as wt:ll?
Hough: Yes.
Unidentified Person: OK.
Morgan: Well, goin'l>ack to .that last questipn; you answer. What was different in, in, the way
that the other person wanted to hold your hand versus how she was?
Hough: Well, she's screaming at me thaLshe wanted my job, and- I was, I was just not takin' it
back, but I was just shocked that we're tryin' to help, and.she'sjust screaming at me like. I did
somethin' wrong, but I didn't know. I didn't know at the .time that itwas a police shooting.
Morgan: What was she sayin' to you? Did she say she's gonna hike your job, too?
Hough: She said, she -yeah, she was.gonna have all our jobs.
Morgan: Really?
Hough: "I'll have all ycmr jobs," is whal she said. "I'll see all you mother fuckers at Pelican
Bay:"
Morgan: And how did you respond to her?
Hough: I didn't, I didn'tanswer, I just ...
Morgan: Good.
Hough: ... tended to· get me to Metro; please.
Morgan: Just get there; Oh, yeah,
Allen: Now, 'the scene was pretty hectic. At. any point did you kind of feel for your safety?
Hough: No.
Allen: OK.
Morgan: !mean, was the crowd gettin' ~were they screamin' at you know ...
Hough: Like !said, I didn't notice them; just out ofthe corner. ofmy eye ...

i

 14

Morgan: Uh-huh.
Hough: ... when I ran back to get suction, and ...
Morgan: You're kind of like tunnel vision ...
Hough: Yeah, I, I didn't. ..
Morgan: (inaudible)
Hough: I don't recall them screaming at us or- just urn; yeah, the mother was the big screamer.
And you know, I don't wani to be in that situation; so.
Morgan: Do you have any questions for us?
Hough: No, I don't think so.
Morgari: I'm sorry it's taken a whileto get. to you, but, urn, you know, we'rejust conducting an
investigation. We'rcjust.tryingto be as ihoroughas we-possibly can, Urn, does anybody else
have any questions in the. room?
·
Unidentified Person: No, we, we understand. We're glad that Firefighter Hough could assist
you.
Morgan: Yeah, and uh, we'd like to thank you for this .and for ,responding as quickly as possible
on that particular day, and urn, arid just doii1g your job, Um,)fthere's nothirigelse; thank you,
gentleman; appreciate it.

!:

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT

DATE

15-00004

Detective David Jacobs

TO

05/12/2015

Sergeant Eugene Sharpe

Review of Cudell Recreation Center surveillance

cameras
COPIES TO File

The following review of surveillance video is in conjunction with the investigation of the Use of Deadly
Force incident involving the Cleveland Police Department (CPO). The incident occurred at the Cudell Recreation
Center (CRC), 1910 West Boulevard, Cleveland, Ohio on November 22"d, 2014 at approximately 3:30pm.
The DVD reviewed by the writer was provided to the Cuyahoga County Sheriff's Office via the Cuyahoga
County Prosecutors' Office {CCPO.) The DVD contains approximately five (5) hours of surveillance video. The
recording time for all cameras is 11 :OOam to 4:00pm. The date and time appears to be accurate, there are other
factors that were evaluated to ensure the time on the video surveillance footage was and is deemed accurate. This
includes witness statements, CPO Dispatch, and log in times captured by the CRC. The DVD also contains ten (10)

separate camera views. The cameras listed below are numbered one thru ten and located on or about various
locations at the CRC. Camera numbers are located in the upper left area of each view, for example {cam1.) The
camera views may overlap coverage but are separate and function independently.

•
•
•
•
•
•
•
•
•
•

Cam 1 · view of gazebo facing east, located on a utility pole (outside)
Cam 2- view of parking lot facing west, located on a utility pole (outside)
Cam 3- view east entrance, located on the CRC (outside)
Cam 4- partial view gazebo, parking lot facing south, located on the CRC {outside)
Cam 5- view of indoor basketball court facing south west (inside)
Cam 6 .. view of the second floor indoor hallway, facing west, located inside the CRC (inside)
Cam 7- view of the front desk, facing east, located inside the CRC (inside)
Cam 8- view of the gazebo located in the rear (west), facing north/west located on CRC (outside)
Cam 9- view of the parking lot, facing south/west, located on the CRC (outside)
Cam 10- view of the rear entrance (west) facing west (outside)

All of the cameras listed above are operated and maintained by the CRC. The DVR recording device is
located in the CRC managers' office. The original DVR was obtained and entered into evidence. The DVR was
submitted to the Ohio Attorney Generals' Office, Bureau of Criminal Investigation (BCI) for further examination. The
DVR did not contain the original footage from November 22"d, 2104. The hard drive was overwritten. It was
determined through further examination/investigation that the footage remains on the hard drive for approximately
thirty (30) days before it is overwritten.
The following are associated with times and events indicated on the surveillance video. The camera
views depict Tamir Rice,~ Rice and others identified through further investigation and will be named or
described depending on known or unknown identity, clothing description could be used otherwise.

Cudell Recreation video timeline

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Detective David Jacobs

DATE

TO

05/12/2015

Sergeant Eugene Sharpe

Responding CPO Officers
File

The following investigation is in conjunction with the Cleveland Police Department (CPO), Use of Deadly
Force incident which took place at the Cudell Recreation Center (CRC) on November 22"d, 2014 at approximately
3:30pm. The following is a list of responding CPO Officers and the order in which they arrived to include their
respective call signs and approximate times:
First on scene: Officers Timothy Loehman ~ and Frank Garmback, 1A25, 1528 hours-(CPD William Cunningham)
Second on scene: Special A g e n t - and CPO Detective Daniel Lentz, 1176, 1533 hours
Third on scene: Officers Ken Zverina and Ricardo Roman, 1A26, 1534 hours
Fourth on scene: Officer Lou Kitko, 1C21 , 1536 hours
Fifth on scene: Officers Chuck Judd and Brian Taylor, 1026, 1537 hours
Sixth on scene: Officer Tom Griffin, 1C24, 1539 hours
Seventh on scene: Sergeant Janell Rutherford, 1S23, 1543 hours

Respectfully Submitted ,

Detective David Jacobs

CPOresponcling

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILENO.

FROM

SUBJECT
COPIES TO

15-00004

Detective John Morgan #241

DATE

TO

05/ 12/2015

Sergeant Sharpe

Synopsis of CFD Patrick Hough
Lt. Smith, File

On April 29, 2015 while assigned to the Cuyahoga County Sheriff's Detective Bureau and in company
with Detective Homer Allen were given an assignment by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
On this date investigators conducted an interview with City of Cleveland Firefighter Patrick HOUGH.
Present during the interview were Frank SZABO, President of the Association of Cleveland Firefighters,
Francis CHANTOS , Acting Chief of Division, Wayne NAIDA, Battalion Chief, Sergeant Eugene Sharpe and
Sergeant David LISY of the Cuyahoga County Sheriff's Department. The following is a synopsis of an audio
recorded interview conducted at Cleveland Fire Department's Fire Station #1 located at 1645 Superior
Avenue, Cleveland, Ohio:

PATRICK HOUGH,
9826 MADISON A

FIREFIGHTER 1sr GRADE. ENGINE 23 LOCATED AT

HOUGH stated that he was appointed a Cleveland Firefighter on March 9, 1998. He explained that when
a fireman graduates from the Cleveland Fire Academy, he graduates with the rank of Firefighter 1st Grade.
HOUGH stated that since graduation he has obtained the rank of Firefighter 4 th Grade and currently is
assigned to Engine #23 located at the address of 9826 Madison Avenue.
HOUGH stated that he works twenty-four (24) hours on duty and forty-eight (48) hours off duty. His shift
will begin at 0830 and end at 0830 Hours the following day. HOUGH explained that Engine #23 is an
Advanced Life Support (ALS) engine which contains four (4) personnel on the vehicle; a driver, a Lieutenant
and 2 other firefighters. HOUGH stated that he has responded to many calls where people have suffered
from gunshot wounds.
On November 22, 2014 HOUGH stated that he began his shift at 0830 Hours and his crew had just
completed a call on West 41 st St. and Interstate 90 East when the call came in over the monitor to respond to
Cudell Recreation Center. HOUGH explained that a call will come in over a computer monitor inside of the
vehicle even before it is dispatched by radio and had arrived at the recreation center no more than three
minutes after receiving the call.
HOUGH recalled arriving at the recreation center and observing a police cruiser parked on the grass and
that an FBI Agent was providing first aid to the male with a gunshot wound. HOUGH stated that other
members of his engine had taken over first aid and remembers being sent back to the engine to retrieve a
device for su~ion . He stated that there were other people present and watching but was so focused on what
he was doing that he cannot recall who was there and what they were doing.
HOUGH stated that shortly after they arrived on scene Emergency Medical Service (EMS) arrived, the
patient was loaded in the back of the EMS unit; both EMS paramedics along with one fireman were in the
back with the patient while HOUGH sat in the driver's seat to drive the unit to Metro Hospital. HOUGH
explained that in life threatening situations that both EMS personnel will ride in the back of the unit while a
fireman will drive the unit to the hospital

Patrick Hough Synopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE

HOUGH stated that normally paramedics do not want family members riding in the back of the unit while
the patient is being attended too so Ms. RICE rode in the front of the EMS unit with HOUGH. He stated that
he didn't remember seeing her until she climbed into the front of the unit.
HOUGH stated that Ms. RICE never actually shut the door after she entered the EMS unit. He stated
that she had her head out of the door and she was yelling at a police officer about her daughter. HOUGH
recalled that Ms. RICE was telling the police officer that if she didn't release her daughter from the police car
that she would have her job!
After closing the door HOUGH stated that Ms. RICE screamed several times, "I know the fuck that they
didn't shoot my mutherfuckin' son!" HOUGH stated that she was rocking back and forth screaming this same
phrase until she took a telephone call. After the call she said to HOUGH, "I'll have all of your jobs ... I'll see all
you motherfuckers at Pelican Bay." (HOUGH stated this was a reference to a line from Denzel Washington's
character in the movie Training Day.)
After this statement her telephone rang and she was screaming to the person on the telephone that her
son had just been shot and to get to Metro as soon as possible. He stated that Ms. RICE then placed her
other hand over the telephone and turned to HOUGH and asked, "He dead?" Which HOUGH replied, "No
he's not dead?" Mr. RICE then continued with her telephone conversation.
HOUGH stated that he was completely unaware that this entire incident was a police involved shooting.
He continued, stating that he only found out that it was in officer involved shooting after he had left Metro
Hospital when an EMS supervisor had mentioned it to him. HOUGH explained that everyone on that EMS
unit who was working on RICE had no idea that this was an officer involved shooting until after the run had
been completed.
When asked if anyone on the EMS unit had been advised of the age of the patient being transported to
Metro Health Hospital; HOUGH replied that he did not find out his age until the very next morning. HOUGH
stated that when he found out that he was 12 years of age he was "Shocked!" HOUGH stated that he would
have guessed that he was between 16 and 17 years of age.
At this time HOUGH'S attention was then brought back to his arrival at the scene. HOUGH was asked if
he could explain how the patient was lying upon his arrival at the scene; HOUGH stated that the patient was
Lying under the gazebo, his head was facing south and there was very little blood because there was no exit
wound. HOUGH stated that he did see a firearm or what appeared to be a firearm located a few feet from
the patient when they went to place him on a stretcher.
HOUGH stated that he has responded to a lot of shootings but recalled a similar situation where a parent
of a patient that he was driving to the hospital that had also rode in the front seat with him. HOUGH
continued, stating that in that situation the mother acted completely different. He stated that the mother, in
that instance the mother want to hold my hand and pray with her. This time Ms. RICE acted in an completely
opposite manor.
For more information refer to the audio recorded interview contained within the file.
This matter to be further investigated.

Detective John Morgan #241

Patrick Hough Synopsis

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT

15·00004

Detective David Jacobs

DATE

TO

05/1212015

Sergeant Eugene Sharpe

Review of Cudell Recreation Center surveillance
cameras

COPIES TO File

The following review of surveillance video is in conjunction with the investigation of the Use of Deadly
Force incident involving the Cleveland Police Department (CPD). The incident occurred at the Cudell Recreation
Center {CRC}, 1910 West Boulevard, Cleveland, Ohio on November 22nd. 2014 at approximately 3:30pm.
The DVD reviewed by the writer was provided to the Cuyahoga County Sheriff's Office via the Cuyahoga
County Prosecutors' Office (CCPO.) The DVD contains approximately five (5) hours of surveillance video. The
recording time for all cameras is 11 :OOam to 4:00pm. The date and time appears to be accurate, there are other
factors that were evaluated to ensure the time on the video surveillance footage was and is deemed accurate. This
includes witness statements, CPO Dispatch, and log in times captured by the CRC. The DVD also contains ten (10}
separate camera views. The cameras listed below are numbered one thru ten and located on or about various
locations at the CRC. Camera numbers are located in the upper left area of each view, for example (cam1.} The
camera views may overlap coverage but are separate and function independently.

•
•
•
•
•
•
•
•
•
•

Cam 1 -view of gazebo facing east, located on a utility pole (outside)
Cam 2- view of parking lot facing west, located on a utility pole (outside)
Cam 3- view east entrance, located on the CRC (outside)
Cam 4- partial view gazebo, parking lot facing south, located on the CRC (outside)
Cam 5- view of indoor basketball court facing south west (inside)
Cam 6- view of the second floor indoor hallway, facing west, located inside the CRC (inside)
Cam 7 - view of the front desk, facing east, located inside the CRC (inside)
Cam 8- view of the gazebo located in the rear (west), facing north/west located on CRC (outside)
Cam 9- view of the parking lot, facing south/west, located on the CRC (outside)
Cam 10- view of the rear entrance (west) facing west (outside)

All of the cameras listed above are operated and maintained by the CRC. The DVR recording device is
located in the CRC managers' office. The original DVR was obtained and entered into evidence. The DVR was
submitted to the Ohio Attorney Generals' Office, Bureau of Criminal Investigation (BCI) for further examination. The
DVR did not contain the original footage from November 22od, 21 04. The hard drive was overwritten. It was
determined through further examination/investigation that the footage remains on the hard drive for approximately
thirty (30) days before it is overwritten.
The following are associated with times and events indicated on the surveillance video. The camera
views depict Tamir Rice. ~ Rice and others identified through further investigation and will be named or
described depending on known or unknown identity, clothing description could be used otherwise.

Cooell surveillance cameras timeline

 CUYAHOGA COUNTY SHERIFF'S O·FFICE

CAMERA 1

11:04:49-111111- ~ Rice and Tamir Rice walk north past gazebo #'1 toward the CRC east entrance.
backpack. According to ~1ir was returning the "Colt target pistol,
Tamir puts something in
laser sight" herein referred to as "Replica Firearm" (RF~ backpack. The three continue walking
north toward the CRC.

IIIII

IIIII exit view of camera 1.
13:03:52- Tamir holding RF, IIIII and Unknown Male #1 (UM) walking on sidewalk southbound. Tamir
11:05:26- Tamir,- and

places RF to UM's head.
13:06:34- Tamir pointing RF at UM and

IIIII as they exit view of camera.

13:06:51-~ walking southbound on sidewalk by herself.

13:41 :24- ~walking north on sidewalk by herself.
13:41:56- Tamir walking north on sidewalk (alone), no RF visible, appears tD be eating something.
13:49:59- Tamir re-enters view, walks into gazebo (alone). He appears to have RF in hand. Tamir captured
"ducking" down, crouch position near garbage can (gazebo #1 .) Walks toward playground area.
13:55:44- Tamir (alone) reappears and is still in playground area, walks behind gazebo #1 in an east direction.
13:57:34- Tamir exits view of camera 1.
15:02:54- Tamir walks toward gazebo #1 with UM #2 ("plaid jacket").
15:03:10- Tamir and UM #2 walk into playground exits view of camera 1.
15:05:29-Tamir has RF out, walking with
towards gazebo #1 .

IIIII- (juvenile),-. . . (juvenile) and UM #2

15:08:26- Tamir, UM # 2 , - and-leave the gazebo #1 and Wcllk northwest toward camera 4.
15:11 : 5 2 - I I I I I - (911 caller) enters the gazebo #1 from the south and sits at the eastern most table.
15:12:44- Tamir re-enters camera 1 view from the north and walks on the sidewalk in front of the gazebo #1.
15:13:09- Tamir removes RF from right waistband area and points the RF sc.1uth. Tamir is on sidewalk.
15:17:08- Tamir still has RF in hand, re-enters from the south with _ . , o was wearing a green
jacket.- is walking on sidewalk northbound. Tamir an
appear to have a conversation.is captured on Camera 8 at 14:49:05 talking/hugging with

I

15:17:44- Tamir still has the RF in hand in front of gazebo #1 on the sidewallk. Tamir pointing the RF in
all directions.

Cudell su~eillai'!Ce cameras timeline

 CUYAHOGA COUNTY SHERIFF'S O·FFICE
15:17:50- Tamir puts the RF in his right waistband.
15:19:00- RF not visible, Tamir in front of gazebo #1 playing with snow exits view of camera 1.
15:20:59- Tamir exits view south.
15:25:4 9 - - stands up in gazebo #1 and begins to walk north out ofvic:w of camera 1.
15:26:39- A s - exits gazebo #1 north Tamir enters the gazebo from the south.
15:27:17- Tamir has the RF in hand and is pointing it south.
15:27:37- Tamir sits at the northeastern most picnic table inside the gazebo. Should be noted there
are three (3) tables inside gazebo #1.
15:30: 13- Tamir stands up and walks northwest toward the edge of the gazE~bo .
15:30:23- CPO marked unit 115A arrives, Tamir reaches in his right waistband. Patrolman Timothy Loehmann
exits the passenger side, draws and appears to point his firearm in the direction of Tamir. Loehmann
retreats backwards and stumbles and falls continuing to point his weapon in the direction of Tamir.
Loehmann takes cover at the rear of his vehicle.
15:30:27- Patrolman Frank Garmback exits 115A drivers' side.
15:31:00- Garmback approaches Tamir and appears to kick something with his left foot in a westerly direction.
15:31:45- Garmback extends his arms toward~ as she enters the camera from the north. This causes~ to
fall down.
15:31 :49- Garmback takes~ to the ground.
15:31 :53- Loehmann assists with~ as Garmback turns his attention to Tamir.
15:31 :59- Patrolman William Cunningham enters the view from the north and assists Loehmann.
15:32:5 3 - - a n d - enter the camera view from the northwest and walk around the backside of the
gazebo #1.
15:32:53-Cunningham walks toward Tamir (out of view) on the ground.
15:33 : 10-~ is being placed into the backseat of drivers' side of unit 1 1 51\, ~ pulls away from Loehmann.

15:34:05- Special Agent (SA) -

and CPO Detective Daniel Lentz arrive on scene.

15:34:19· SA. gets gloves from Garmback and attends to Tamir.
15:35:17- Two (2) (CPO Officers Ken Zverina and Ricardo Roman) CPO uniform officers arrive.
15:37:01- Detective Lentz bends over in the area the magazine from the RF came to rest, as a one (1) man
CPO unit arrives.
15:38:10-Cieveland Fire Department (CFD} arrives.

Cudell surveillance cameras timeline

 CUYAHOGA COUNTY SHERIFF'S OtFFICE
15:40:56- CPD Officer Tom Griffin places a clear plastic bag over the RF.
15:41 :22- Most of the Officers on scene are drawn to the southern direction or the right side of the
camera view.
15:42:14- Cleveland Emergency Medical Services (EMS) arrives on scene, uniform Officers begin
to deploy yellow crime scene tape in the immediate area.
15:42:31- CPO Sergeant Janell Rutherford has a conversation with Loehmatnn who is now seated
in the front passenger seat of the one (1} man CPO unit Detectiv1e Lentz has conversation
who is still seated in the backseat of Unit 115A.
with

IIIII

15:43:57- Tamir is leaving the gazebo #1 area on a stretcher.
15:46:06- S A . and Detective Lentz have another conversation with

•1 (still in backseat of 115A.}

15:49:12- S A . and Detective Lentz have a third conversation with~ {still in backseat of 115A.)
15:51:32- Several CPO Officers on scene point up at Camera 1.
15:54:11- Detective Lentz has another conversation with~ (still in backseat of 115A)
16:00:00- Surveillance video ends.

CAMERA2
12:27:21-~ (alone) walks from rear (west entrance) of the building walks along sidewalk/side of building east.

15:33:58- Special A g e n t - and Detective Daniel Lentz arrive.
15:34:56- CPO two (2} Officers (CPO Officers Ken Zverina and Ricardo Ronnan) marked unit arrives and parks
facing east on the south siQe of the parking lot.
15:36:50- A second CPO (CPO Officer Lou Kitko) marked unit arrived lights activated.
15:37:19- CFD arrives along with a third marked CPO unit (Sergeant Janell Rutherford.)
15:41 :19- CPO Unit/ Sergeant Janell Rutherford (fourth marked unit) arrives via West Boulevard entrance and parks
on north side of parking lot. EMS arrives simultaneously.
15:47:12- CFD and EMS leave parking lot
15:58:46- Special A g e n t - and Detective Daniel Lentz leave park:ing lot.
16:00:00- Surveillance video ends.

Cudell surveillance cameras timeline

 CUYAHOGA COUNTY SHERIFF'S OFFICE

CAMERA3
This particular camera was obstructed with ice. The camera !~rad ually thaws throughout the day.
There is very little discernible video. At 15:31 :10 the writer does observe-' run toward the gazebo
with Patrolman Cunningham following. This camera also ends fo,otage at 16:00:00 hrs.

CAMERA4
11 :04:50-111111 Tamir and 111111111111 walk toward the east entrance of the: CRC on the sidewalk in front of gazebo
#1 .
12:27:46--' (alone) walks from the west end of the building heading eas1t.
13:04:38--' enters the camera view, ties her shoe and exits the view.
13:05:36-111111- Tamir and two (2) UM's enter the camera view from the north and walk along the sidewalk.
Tamir has the pellet gun in his hand.
13:41:23--' walks on the sidewalk toward the east entrance of CRC.
13:41:50- Tamir walks from the south on sidewalk toward the east entrance of CRC.
13:50:00- Tamir enters camera view from the north "ducks" down by garbage can located near gazebo #1 .
15:02:44- Tamir and UM #2 enter the camera view and walk to gazebo #1.
15:05:00- Tamir,- 1 1 1 1 1 and UM #2 are in gazebo #1 until15:08:00.

IIIII

15:09:01- Tamir, UM # 2 , - and ~alk toward the west. The four are met b y and UM #3.
Tamir is seen point the RF ~and UM #3 as he approaches them. Tamir hands the RF
to
who in turn points the RF in the opposite direction. ~~ then gives the RF back
to Tamir and the group disperses.

IIIII

15:11:31-11111- arrives in gazebo #1.
15:12:36- Tamir walks on sidewalk in front of gazebo #1 (alone.)
15:14:38- Tamir (alone) in playground area.
15:16:00- Tamir (RF in hand) has a conversation w i t h - as they walk on the sidewalk
northbound. continues to walk as Tamir maintains his position in front of gazebo #1 .
15:23:00- Tamir in playground area.
15:26:37- -leaves gazebo #1, Tamir enters gazebo #1 from the playg1round.

Cuclell su:veillan~ cameras timeline

 CUYAHOGA COUNTY SHERIFF'S OFFICE
15:30 :02~ Headlights appear from the south (West 991h Street off of Madison Avenue), CPD marked unit 115A

driving on the grass and sidewalk with CPD Officers Timothy Loehmann and Frank Garmback.
15:30:21 ~ CPD marked unit 115A parks in front (west) of gazebo #1.
15:31 :45-~ is running toward gazebo #1.

15:32:28~- a n d - appear from the west and walk around gazobo #1.
15: 34:01~ S A - and CPD Detective Daniel Lentz arrive and park facing north and the eastern

Most portion of the parking lot.
15:35 : 00~

CPD marked unit (two man unit) CPD Officers Zverina and Roman arrived and parked facing east on the
south side of the parking lot.

15 : 36:54~

CPD marked unit (one man unit) CPO Officer Lou Kitko arrived and parked facing east.

15:37:31- CFD arrives.
15:37:16- CPO marked unit (one man unit) CPO Officer Tom Griffin arrived •and parked directly behind first two man
unit belonging to CPO Officers Zverina and Roman.
15:38:23- CPO marked unit arrives from the same direction and path r;vest 991h Street off Madison Avenue) that
115A had entered. This CPO marked unit parks between the play!~ round and gazebo #1. CPD Officers
Chuck Judd and Brian Taylor.
15:41 :32- EMS arrives from the West Boulevard entrance and parks on the south side of the parking lot.
CPD marked unit (Sergeant Rutherford) arrives from the West Bo!Uievard entrance and parks on the
north side of the parking lot.
15:46:16- CFD and EMS leave parking lot using the north exit toward West Boulevard.
16:00:00- Surveillance video ends.

CAMERAS
This camera is located in the basketball gym as previously indicatted. This camera records intermittent
basketball practices with varying age groups throughout the day.~ is captured briefly walking inside the gym but
not for prolonged periods. The use of deadly force incident took place at approximately 15:30:20 hrs. It does not
appear persons in the gym are aware and or react to what had just happene:d outside. This camera ends footage at
16:00 hrs.

CAMERA6

As stated earlier this camera is located inside the CRC on the second floor. This particular camera does
not capture Tamir or~ Rice. There are two small children jumping rope in the hallway for short period. There are
also two (2) UM's depicted walking past the camera. This camera ends footage at 16:00 hrs.

Cudell sul\leillaoce cameras timellne

 CUYAHOGA COUNTY SHERIFF'S 01FFICE

CAMERA 7

11 :06:00- Tamir, ~and

111111111111 enter the CRC they appear to sign in.

12: 19:54-~ enters the view of the camera and walks in the gym.

12:20:22- Tamir enters the gym.
12:21:00-- Tamir and~ on camera.
12:21:53-- Tamir and~ exit CRC.
1 2:29 :48-~ re-enters the CRC.

12:30:10- Tamir,

IIIII and UM #1 re-enter the CRC.

12:30:22-111111 is holding what appears to be a white cellular phone.
12 :30: 30-~ in gym w i t h 12:32 :00-~ near front desk area.

13:03:36- Tamir, ~and

IIIII and two unknown juveniles leave the CRC.

13:42:14-~ enters the CRC alone.

13:42:49- Tamir re-enters the CRC eating something from a small bag.
13:44:30- Tamir and~ enter the gym.
13:44:57-~ exits the gym.

13:47:16- Tamir exits the CRC alone.
13: 59: 00-~ and Tamir meet in the doorway and both re-enter.
14: 01 : 01-~ in the gym.

14:05:22- Tamir exits the CRC with several people.
14:07:50- Tamir along with four (4) others re-enter the CRC east entrance.
14:12:00- Tamir outside the CRC alone.
14:14:16- Unknown person leaves to talk to Tamir outside the east entrance!.
14:15:02- ~ leaves the CRC.

Cudd surveillance cameras timeline

 CUYAHOGA COUNTY SHERIFF'S OFFICE

14:15:02- Tamir pulls the RF outside on~ and a small child enters the GRC east entrance.
14:16:40--' re-enters the CRC east entrance.
14:33:07--' in the gym.
14:46:49-- enters the CRC east entrance and does not punch a code.
14:48:34- Tamir in gym and then leaves the CRC (east exit) alone.
14:52:38--' and Tamir meet in the doorway both re-enter the CRC east entrance.
14:53:02- Tamir in the gym.
15:00:23- Tamir exits the CRC east entrance.
15:06:00- ~ in the gym and looks out the east entrance.
15:08:44--' looks outside the east entrance doors.
15:10:1 9 - - a n d - enter the CRC.
15:11 :20- UM #2 runs toward the east entrance and enters the CRC.
15:19:53-~ looks out the east entrance doors.
15:20 : 16-~ returns.
15:21 :38-~ at front desk counter.

15:26:33- Mailman enters the CRC.
15:28:50- Mailman exits the CRC.
15:30:49- Five (5) unknown male juveniles look out the east doors and one .of the male juveniles appears
to tell CPO Officer Cunningham what he observed.
15:31 :25-~ walks toward the east exit doors and runs toward gazebo #1.

15:31 :40- CPO Officer Cunningham exits the CRC and heads toward gazebo #1.
16:00:00- Surveillance video ends.

Cudell surveillance cameras timeline

 CUYAHOGA COUNTY SHERIFF'S O·FFICE

CAMERAS
12:26:05--leaves west entrance and walks along building.
12:29:15- UM #4 (yellow jacket, possibly

exit west exit.

12: 29:29-~ exits west exit.

14:49:05-~ a n d - hug.
14:50:03-~ re-enters the west entrance.

15:06:58- CRC employee Jessica Ortiz leaves CRC for lunch.
15:08:01-

-IIIII and UM #3 (fur coat) appear and walk south.

15:22:00-- a n d - walk west bound.
15:25 : 2 0 - - a n d - re-enter CRC west entrance.
15:29:08-- a n d - exit west entrance.
15:30:26-~ and UM #4 (yellow jacket) and two other males re-enter the CRC in a hurry (running.)

15:31:52-- a n d - run south then east along the building towa1rd the gazebo.
16:00:00- Surveillance video ends.

CAMERA 9
12:27:21-~ appears on camera briefly and then disappears.

15:07:26- CRC employee Jessica Ortiz leaves CRC for lunch.
15:08:28-

-IIIII and UM #3 (fur coat) appear and walk along sidewalk.

15:32:14-- a n d - appear walking on the sidewalk and begin to run toward the gazebo.
15:33:58- S A - and Detective Daniel Lentz arrive in the parking lot via the West Boulevard entrance.
15:34:54- CPO marked unit arrives, Officers Ken Zverina and Ricardo Roman (no overhead lights), two (2) man unit.
15:36:46- CPO marked unit arrives, CPO Officer Lou Kitko, 1C21 (overhead lights activated.)

Cudell surveillance cameras timefine

 CUYAHOGA COUNTY SHERIFF 1S OtFFICE
15:37:18- CFD arrives from the West Boulevard entrance.
15:39:10· CPO marked unit arrives, CPO Officer Tom Griffin (overhead lights activated.)
15:41 :17- EMS arrives at the same time CPO marked unit (Sergeant Ruthetiord.)
15:43:09- Officers on scene draw their attention to the south to include sevE~ral Officers walk in that direction.
15:47:15- CFD leaves CRC property.
15:47:27- EMS leaves property.
15:53:47- CPO marked unit arrives, CPO Officer Bob Sweaney, 1827.
15:58:48· SA. and Detective Lentz appear to leave property.
16:00:00· Surveillance video ends.

CAMERA10

12:27:03-. . exits CRC (west) and walks south along building.
14:49:06-. . a n d - (green jacket) appear to have a brief conversation,. . a n d - hug, -leaves.
14:50:00-. . re.enters west entrance alone.
15:22:02-- a n d - walk out west exit and continue to walk wes;t.
15:24:57-- a n d - re-enter camera view from the west.
15:29:1 0 - - a n d - exit CRC west exit with UM #4 (yellow jackE~t. possibly
15:30:13-. . appears on camera briefly.
15:30:25- Two (2) UM's exit the west exit and sit at picnic table.
15:30:25- Two (2) UM's run back in building in a hurry one (1) UM loses his shoe.
15:31:51-- a n d - run southwest toward gazebo #1 .
16:00:00- Surveillance video ends.

CIJdeU surveillance cameras timeline

.)

 CUYAHOGA COUNTY SHERIFF'S OIFFICE
The following are brief descriptions of person(s) and locations depicted throughout this summary,
some of which have been interviewed and or positively identified!. The unknown person(s) will be
identified as unknown males or unknown females.
Tamir Rice-juvenile (gray jacket with black sleeves, camouflage hat)
juvenile (gray jacket possibly jeans)
uvenile (w/m, all black clothing)
uvenile (w/m, red knit hat)
e (b/m, gray clothing with backpack)
- appears to be a juvenile, (b/m, blue knit hat, black jacket)
nile (b/m, plaid jacket)
UM #2- appears to a ·
"last name unknown" (LNU) (fur coat)
UM #3- Possibly
(b/m, yellow jacket)
UM #4- Possibly
with-' and Tamir at two separate times and locations.
(green
911 caller.
CRC employee.
CPO Officer Ken Zverina 1A26 two man unit
CPO Officer Ricardo Roman 1A26 two man unit
CPO Officer Lou Kitko 1C21 one man unit
CPO Officer Tom Griffin 1C24 one man unit
CPO Officer Chuck Judd 1026 two man unit
CPO Officer Brian Taylor 1026 two man unit
CPO Officer William Cunningham (working in an "off duty" capacity at the CIRC)
CPO Officer Timothy Loehmann, passenger, 1A25 (first CPO unit to arrive) ·car 115A
CPO Officer Frank Garmback, driver, 1A25 (first CPO unit to arrive) car 115A
CPO Detective Daniel Lentz
Special Agent
Cleveland Federal Bureau of Investigation (FBI)
CPO Sergea
1S23
Gazebo #1- Located at the edge of the parking near the playground where incident took place.
Gazebo #2- Located near the west entrance.

Hespectfully Submitted,

Detective David Jacobs

Cudell surveillance cameras "meline

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs

TO

0511412015

Sergeant Eugene Sharpe

Interview of Constance Hollinger
File

Constance HOLLINGER, City of Cleveland, dispatcher, date of birth
was advised of the
identity of the interviewing Detectives (Jacobs/Morgan) and the purpose of the
LINGER thereafter
provided the following information regarding her involvement in the Cleveland Police Department Use of Deadly
Force incident which took place at the Cudell Recreation Center (CRC), 1910 West Boulevard, Cleveland, Ohio on
November 22nc~, 2014 at approximately 3:30pm.
Present during the interview, HOLLINGER, two (2) union representatives, and a union attorney. Prior to
the interview starting, the union attorney read aloud and email correspondence from the Cuyahoga County
Prosecutors Office indicating HOLLINGER is not a target of criminal prosecution in this matter.
HOLLINGER has been a Cleveland Police dispatcher for approximately nineteen (19) years and works a1
2100 Payne Avenue, Cleveland, Ohio. Both call takers and dispatchers are located on the same floor. HOLLINGER
discussed basic duties as a call taker versus dispatcher. There are distinct differences in duties. HOLLINGER was
assigned as a call taker on November 22nd, 2014. There are a minimum of eight (8) call takers per shift for the entire
City of Cleveland. Call takers cover all five (5) districts and the shifts are eight (8) hours in length. Although the call
numbers vary shift to shift and day to day, there are anywhere from thirty (30) to fifty (50) per eight (8} hour shift. Call
takers handle "911", "1234" (non~emergency) Fire and EMS calls.
According to HOLLINGER, as calls come in it is her responsibility to get pertinent information; name,
address, location, and reason for the call. HOLLINGER did indicate that all calls are not the same. HOLLINGER will
"code" the call and send it electronically to the district which handles that particular area. There were further
discussions about the process which includes handling calls that come in from the Cuyahoga County Emergency
Communications System (CECOMS.)
HOLLINGER was asked to identify dispatch logs and explain such. HOLLINGER was unfamiliar with the
logs. The logs were explained by the union representative present.
The audio for the "911" call was played and HOLLINGER identified her voice on the call. HOLLINGER did
remember the call for a person with a gun at the CRC. We also played the radio transmission of Dispatcher Beth
Mandl requesting any available cars to handle the call HOLLINGER took for the CRC. According to HOLLINGER,
once Dispatcher Mandl has the call she will maintain the call until it is finished . HOLLINGER did remember having a
brief conversation with Mandl after she learned the Officers on scene had requested EMS.
HOLLINGER refused (per her attorney) to answer a question about why she did not relay information
from the "911 " caller about the person with the gun is "probably fake" and "probably a juvenile." The "911'' caller also
stated "/ don't know if it's real or not." HOLLINGER once again (per her attorney) refused to answer those questions.
Respectfully Submitted,

Detective David Jacobs

Hollinger Summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

DATE

15-00004

Detective John Morgan #241
Synopsis of interview with

TO

05/15/2015

Sergeant Sharpe

-IIIII

Lt. Smith, File

On May 14, 2015 while assigned to the Cuyahoga County Sheriffs Detective Bureau and in company
with Detective David Jacobs were given an assignment by Sergeant Eugene Sharpe to conduct a follow up
investigation into a Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014.
The following is result of that investigation.
On this date investigators had the occasion to i n t e r v i e w - - a female who was believed to
have been seen on the video from Cudell Recreation Center walking with Tamir RICE in front of the gazebo
prior to the officer involved shooting. The following is a synopsis of the video recorded interview which took
place at the Cuyahoga County Sheriff's Detective Bureau.

CLEVELAND, OHIO
- s t a t e d that she is currently a student at James Rhodes High School and is due to graduate from
high school this year. She stated that she currently lives with her boyfriend at the above listed address and
supports herself.
stated that she cannot remember the name of the person who was shot and killed by police at
the Cudell Recreation Center but that she used to teach arts and crafts 1o him every day at the b~
located behind the recreation center. When investigators mentioned the name of TAMIR RICE,. . . .
replied, "YES ... that's his name!"

stated that she taught arts and crafts to RICE every day for senior credits at the Cudell
Recreation Center. She stated that she had told her friends that she knew the boy that got shot at the
recreation center but they didn't believe her. She explained that RICE was a prankster or a jokester during
class and that sometime he would go a little too far with his jokes.
stated that RICE had a girlfriend who used to hang out with him at the recreation center.
unable to recall the name of his girlfriend only that she used to wear her hair in a ponytail. She
she did not know any other family members, had never been to his house, but did hear from
someone that he had an older brother.
. . . . recalled that on the day that RICE was shot, she was walking from CVS and saw RICE sitting
on the""SWin9s near the recreation center. She stated that she walked over toward RICE and noticed that he
appeared to be playing with a gun which was on his lap. She stated that RICE explained to her that the gun
was not a real gun and that he proceeded to show her how it worked he also pulled out many Green "Balls"
from his pocket that went into the gun. stated that when he showed her the gun she recalled the
gun having an orange tip attached to the long end of it. Further,- recalled that RICE told her that he
had received the gun from a friend.

 CUYAHOGA COUNTY SHERIFF'S OFFICE
At this time Detective Jacobs began to s h o w - several different camera views from the Cudell
Recreation Center from November 22, 2014.
The first camera view shown t o - was of the camera localted inside of the recreation center which
showed the sign in desk and the entrance to the center (East entrance). - w a s clearly able to identify
herself walking into the recreation center on video. She stated that she had forgotten that she had walked
into the recreation center that day. -continued, explaining that she wasn't feeling well that day and
had come to the recreation center in an attempt to obtain a free lunch. while watching the video
pointed out RICE as he walked by the camera and stated, "That's hi~; hat. .. that's RICE, he always wore that
hat."
The next camera angle shown was from the camera in the rear of the building (West entrance). This
angle clearly sho~ exiting the building and engaged in conversation with a female known to
investigators as~(TAMIR'S Sister) however- informed investigators that the female she
was talking to was actually TAMIR'S girlfriend whose name she did not know. - s t a t e d that she was
talking to TAMIR'S girlfriend and during that conversation- was informed, by this girl, that she was
getting ready to move to another state.
stated that at the end of that conversation she headed to the arts and crafts building and then
proceeded to go to the CVS drug store. Detective Jacobs showed her several more camera angles which
tracked her movements from the recreation center to CVS. T h e n · - was shown the video camera
and TAMIR RICE
angle which captured the Gazebo. This portion of the video clearly showed walking in front of the gazebo and engaged in some sort of a conversation.
As previously stated,- told investigators that she talked with RICE at the swing set, he then
con1firmed that during the conversation she
walked her to the bridge which was on her way home. and RICE were talking about his girlfriend moving out of town and that they could possibly have a long
distance relationship. also recalled that RICE had also talked about moving out of town.
Investigators pointed out in the video that RICE had the BB gun clearly out and in plain site during their
conversation. While watching the v i d e o - could clearly see that RICE was holding the BB gun but did
not recall, from her memory, that he was holding a BB gun during thi31t portion of their conversation.
Further, investigators showed- the same scene but from a different angle. This angle was from a
camera located on the south side of the recreation center. This camera angle showed that RICE clearly
walked over t o - and met her at the sidewalk and only walked with her for a short distance before she,
alone, walked out the cameras view. Further, this camera view showed t h a t - did not have a
conversation with RICE at the swings and that he never walked her to the bridge as stated earlier by

-

was then informed that the female that she had conver~;ation with in the rear of the recreation
center was not RICE'S girlfriend, but was actually RICE'S sister. • . . was surprised and stated that it
was a mistake on her part and that she believed that it was his girlfrit~nd because of the way that she had her
hair. Further, she stated that the video was so grainy that she honestly believed that the girl she was looking
at was RICE girlfriend and not his sister.

stated that she knew RICE'S sister, she didn't know her name but they only referred to each
other as "BOO." - w a s aware that RICE'S sister was older than RICE and that they (RICE and
never told them that they were brother and sister.

Snyopsis of-

 CUYAHOGA COUNTY SHERIFF'S QIFFICE

For more detailed information refer to the Video recorded
This matter to be further investigated.

Detective John Morgan #241

Snyopsis o f -

intervi1~w

located in the file.

 C/S..JS

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

James Mackey, Detective

SUBJECT

Officer Interview Request

COPIES TO

DATE

15-00004

TO

5/15/15

Sgt. Sharpe

File

Regarding the above captioned case, on Friday March 13, 2015 I contacted CPPA Union President Steve Loomis to
request an interview with the following Cleveland Police Officers:
-Detective Dan Lentz
-Patrolman Lou Kitko
-Patrolman Tom Griffin
-Patrolman Ricardo Roman
-Patrolman Ken Zverina
-Patrolman Frank Garmback
-Patrolman Timothy Loehmann
I requested that if the officers wish to speak to us in this matter that the interviews be completed by Saturday May
23, 2015. With that request, I also am sensitive to the heightened posture of the Cleveland Police Department with
regards to a possible verdict being rendered in another unrelated case.
I informed Loomis that I will contact him the afternoon of Tuesday May 19, 2015 for follow up.

IIIIIIS/111111
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-0004

Homer Allen

DATE

TO

05/16/2015

Sgt. Eugene Sharpe

Aaron Nicholson Interview
Lt. Smith and File

Sir,
On Wednesday May 1st, 2015 at 12:00pm while assigned to the Cuyahoga County Sheriff's Detective
Bureau Detective Dave Jacobs and I conducted an interview with EMT Aaron Nicholson. This was in reference to a
Cleveland Police Use of Deadly Force incident which occurred on November 22, 2014. The following is a result of
that interview.
EMT Aaron Nicholson has been employed by the City of Cleveland for 4 years; he previously worked for
Life Care Ambulance Services out of Lorain Ohio for 4 years. He received 3 months of classroom training, followed
by 3 months of road training . On November 22, 2014 he was assigned to Medic 30 based out of a Firehouse located
at E.1 02nd and St. Clair Ave. there are 18 squads in the city. The following is a summary of recorded interview
conducted at 5055 Rockside Road in Independence Ohio:
•
•
•
•
•
•
•
•
•
•
•

Received call via CAD/ MDT (Mobile Dispatch Terminal) or "Silent Call" and also thru Radio
They just dropped off a patient at Lakewood Hospital and was on 1-90 EB when call was received
Upon arrival observed 2-3 police cars, caution tape "which he thought was unusuaf', and fire personnel
and equipment on the other side of a police car
Patients eyes were open and blinking but he was unresponsive, didn't make any noise or statement
Call was for a 22 year old male with GSW, to him patient appeared to be mid·teens
He located 1 GSW to patients upper abdomen and part of ingesting was coming out of wound
He didn't located a 200 GSW
Nicholson states its common for a fireman to drive the squad to the hospital, while he and his partner
tend to a patient He doesn't recall which fireman drove them on that day
He remembers the mother riding up front and yelling so he called for security to meet them upon arrival,
so the mom would not interfere with patient care. She did not interfere, but was crying, yelling and mad
He didn't recall seeing anything near patients body, nor did he hear any of the officers talk about items
or make any statements about what happened
He didn't talk to the police, but one guy "he thinks" was with the police, his main focus was patient care,
and this guy gave him a quick report. He has never seen him before

Upon going into the hospital and being met by the Trauma Team, patient care was transferred into
Trauma Room 1 in the ER. The Trauma Team did a quick assessment and he was taken up to the operating room
"OR" within 2-3 minutes. Nicholson remained at the hospital for around an hour, to restock equipment, clean up and
for documentation. Towards the end of the hour, one of their Captains mentioned that a Police Officer might have
shot him. He didn't know that a police officer shot him until this point. He states "he believes they did everything they
could for the patient.

Please refer to DVD copy of this interview for additional clarification and needs.

Submitted for your review,
Homer Allen #225

Aaron Nicholson Summary

 CIS·35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-04 (Tamir Rice)

James Mackey, Detective

DATE

TO

5/19/15

Sgt. Sharpe

Video Submission
File

In reference to the above captioned case, on Monday May 18, 2015 Detective Jacobs and I submitted the security
surveillance video of Cudell Recreation Center obtained in this case to the Ohio Attorney General, Organized Crime
Commission. We met with Forensic Video Analysts Bradley Barkhurst, Megan Timlin and Jeff Brennard requesting
that attempts be made to enhance the video during Tamir Rice's interaction with police. We also requested the
production of an edited version of the ten (10) cameras that track the movements of Tamir Rice throughout the
duration of the video.
The enhancement of the video may provide evidentiary value to the investigative team while the editing requested to
keep Tamir Rice in the viewer's frame is not intended to provide evidentiary value but more so an ease of use,
alleviating the need to switch between ten (10) different cameras.
The original video obtained in this investigation is still maintained by the Cuyahoga County Sheriff's Office. The
video supplied to the Attorney General's Office is a copy and it should be noted that the integrity of the video is not
being altered with these requests.

/IIIIlS/IIIIII
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIESTO

15-00004

Detective David Jacobs

DATE

TO

05119/2015

Sergeant Eugene Sharpe

Video compilation/enhancement
File

The following was in conjunction with the investigation of the Cleveland Police Department
(CPO) Use of Deadly Force incident which took place at the Cudell Recreation Center (CRC), 1910
West Boulevard, Cleveland, Ohio on November 22"d, 2014 at approximately 3:30pm.
Detectives James Mackey and David Jacobs met with the Ohio Attorney General's Office
Forensic AudioNideo Analysts' Bradley Barkhurst and Megan Timlin on May 18th, 2015. The
purpose of the meeting was to request their technical assistance with constructing a video
compilation of all ten (10) surveillance cameras from the CRC. In doing this, we also requested their .
assistance in enhancing the video. A copy of the DVD and the timeline report was also given to the
aforementioned analysts. Barkhurst and Timlin agreed to assist and will advise when complete.

Respectfully Submitted,

Detective David Jacobs

BCI video compilatioo request

 C/S·35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-04 (Tamir Rice)

James Mackey, Detective

DATE

TO

5/20/15

Sgt Sharpe

Officer Interview Request Update
File

On Friday March 13, 2015 I request an interview with the following Cleveland Police Officers through CPPA
President Steve Loomis:
-Detective Dan Lentz
-Patrolman Lou Kitko
-Patrolman Tom Griffin
-Patrolman Ricardo Roman
-Patrolman Ken Zverina
-Patrolman Frank Garmback
-Patrolman Timothy Loehmann
On Tuesday May 19, 20151 followed up by phone with Loomis as well as Council for CPPA, Brian Moriarty. I was
advised that Officer Garmback and Officer Loehmann will maintain their Constitutional Rights and not provide
investigators in this case with a statement. I was advised that the other five (5) officers request a letter similar to the
one obtained by the CPPA through the Prosecutors Office for the dispatchers and Officer Cunningham before giving
any statement to us in this matter.
!
On Wednesday May 20, 20151 spoke with Assistant County Prosecutor Matt Meyer relaying the request of CPPA for
the five (5) officers. APA Meyer advised me that he is unwilling to offer the remaining officers any letters, stating that
they are not facing any criminal charges and precedent will not be set in giving letters of immunity (or the like) to
officers for doing their job.
After speaking with APA Meyer I had a phone conversation with CPPA Attorney Moriarty. Before I was able to
inform him of APA Meyer's decision he informed me that his clients (Lentz, Kitko, Griffin, Roman, and Zverina) will
be willing to come in for an interview pending a final conversation with his clients prior to appearing.
I will follow up with Attorney Moriarty on Thursday May 21, 2015 in scheduling the potential interviews.

11/11/SIII//II
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

15-00004

FROM Detective David Jacobs
SUBJECT
COPIES TO

DATE

TO

05/21/2015

Sergeant Eugene Sharpe

Second meeting with the Cuyahoga County
Medical Examiners Office (CCMEO)
File

The following investigation is in conjunction with the investigation of the Cleveland Police Department
(CPO), Use of Deadly Force incident which took place at the Cudell Recreation Center (CRC} on November
22"d, 2014 at approximately 3:30pm involving Tamir Rice (decedent.)
A meeting took place at the CCMEO on May 2151, 2015, at approximately 10:00am. This marks the
second occasion to meet with Trace Evidence Supervisor Curtiss Jones, a representative from the
photography lab (CCMEO) and the Cuyahoga County Medical Examiner Dr. Thomas Gilson. Also present
representing the Cuyahoga County Sheriff's Office (CCSO), Sergeant David Lisy, Detective Homer Allen,
Detective John Morgan and the writer.
The meeting was a follow up to discuss trace evidence (i.e. clothing) with respect to bullet defects on
clothing which was being worn at the time of the aforementioned incident. The CCMEO agreed to provide the
CCSO with an exhibit which will' depict Tamir Rice's body (drawing) to include actual photographs of the
clothing worn by Rice at the time of the incident. We anticipate the exhibit to indicate the single bullet wound
to Rice with the actual photograph of the clothing worn at the time of the incident. We also anticipate the
clothing photographs to be superimposed next the generic drawing of Tamir Rice. Both of which will indicate
an approximate location of the bullet defect to include the bullet wound itself.
The CCMEO said the exhibit will take a few weeks to complete at which time they will contact the
investigators.
Respectfully Submitted,

Detective David Jacobs

2nd meeting alllle CCMEO

 I

CUYAI-IO.OA

Cuyahoga County Regional Forensic Science Laboratory

·coUNTY

:0":~

·

11001 Cedar Avenue, Cleveland OH 44106

SCIIINCII

LAUOI\Al"ORY

TRACE EVIDENCE LABORATORY
EXAMINATION REPORT
.
.

I

Report Date: ·
CCRFSL Case#:
CCMEO Case.#:
Pathologist:
Contact
person:
'.

TamlrRice
Victim's Name:
Agency Case #:
2014-368418
Submitting Agency: Cleveland Police Departrne~t
Homicide Unit
Address:
1300 Ontario Street
'
Cleveland, Ohio 44113

2i5120IS

2014,006817
IN2014·01991
Dr. Gilson
Detective Diaz

'The body of Tamlr Rice wa11 receiVed nude at the Cuyahoga County M.dlcal
Examiner's Office on 11/23/2014.
·
l

Item:

Daacrlptlan;

!he following items were collected by the trace Evidence Department on 11/24/2014.
Item 1

Gunshot residue samples from the hands ofTamlr Rice.

Item 2

One ilwab from und.er the fingernails ofthe right hand ofTamlr Rice.

Item 3
Item 4

· One swab from under .the fingernails of the lift hand of Tamlr Rice.
Atrece metal detection test was performed on both hands of Tamlr Rice.

The foliowlng sai'liples of Tamlr Rice were submHted by Dr, Gilson to the
Cuyahoga County Regional Forensic Science laboratory on 11/24/2014.
Item 5

Buccelswabs.

Item 6

Reference scalp hair.

Item 7

Reference pubic hair.

The following Items were submitted by Detective Cruz, Cleveland Pollee Department,
Homicide Unit and received by Diann Nunnally, Cuyahoga County Regional Forensic
Science laboratory on 12/212014.
·
Items
ltem9

One sample labeled "two swabs from a cell phone at the crime scene".
· One sample labeled "eight swabs from a.·Colt 1911 style pellet gun".

Item 10

One gray With black trim "PJ Mark" jacket labeled •owner Tamlr Rice".

ltemH

One black "Kicken' Back Jack" T·shlrt and one white "Hanes" t-shlrt
labeled "owner Tamlr Rice".

Triloe Evldenoe Laboratory_ Examination Report
Date of OlalrlbuUonc..:'»::.::lii2:.:0l::..5_ _

Page 1 of7

AnalysfalnHials
Revlewe(alnltiala

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;,-

1

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CUYAHOGA

Cuyahoga County Regional Forensie Selenee Laboratory

COUNT¥

RIIO!ONA~

l'ORIINSIC
SCIUNCB
I.AUORA'CORY

Report Date:
CCRFSL Case #:
CCMEO Case II:
Pathologist:
Contact person:

11001 Cedar Avenue, .Cleveland OII44106

TRACE EVIDENCE LABORATORY EXAMINATION REPORT
Vlctilli;s Name:
TamirRice
Agency Case II:
2014-368418
Submitting Agency: Cleveland Police Department
Homicide Unit
1300 Ontario Street
Address:
Cleveland, Ohio 44113

2/5/2015
2014-006817
IN2014-01991
Dr•. Oilson
. Detective.Diaz

Item 12

One pair ofgray ;~ok" jeans labeled •owner tamlr Rice"..

Item 13

One gray hooded "Destructlon"·long sleeve thermal shirt labeled •owner
TamlrRice".

Item 14

One camouftage "Z' winter hat labeled "owner Tamlr Rice".

ltem15

One biue with white irlm ''Vlado' left shoe labeled "owner Tamlr Rice".

Item 16

One blue with white trim 'VIado" right shoe labeled •owner Tamlr Rice".

Item 17

One brown "Fosslr beH labeled "owner Tamlr Rice".

Item 18

One pair of blue •Hanes" underwear labeled "owner Tamir Rice".

Item 19

One pair ofwhHewlth gray ti'lm ankle length socks labeled •owner Tamlr
Rice".

The following Item was produced by the Trace Evidence Department on 12117/2014.
ltem20

Test firs targets.

Besullfand Conclusions:

Item 1

No testing was performed.

ltem4

'
No reaction was observed on either hand.
No reaction from ,a trace metal detection test is Indicative ·of no contact
between the tested surface and metal. However, circumstances such as
the condition of the contacted metal, the condition of the tested surface,
and/or the absence of metal eurfaces on the handled Item .could result In
no reaction being observed even·though contact between .the tested
aurface,and the handled Item occurred. Some Individuals will not react
to the trace metal. detection test even If known to have had contact with
a metal object.

Trace Evldenoe Laboratory ElC8llllnaHon Report
Date of Distribution 2161201S
.

Page 2 of7

Analyat'alnlflals
Ravlowefalnltial9

C._,.

e

 .
I
•

·· · ·

CUYAUOOA

Cuyahoga County Regional Forensic Science Laboratory

COUNl'r

RIIGIONAL
1'0.RIINs.IC
S<!lllNCR
·
M'/ORATORY

Report Date:
CCRFSL Case#:
CCMEO Case II:
Pathologist:
Contact person:

11001 Cedar Avenue, Cleveland OH 44106
TRACE EVIDENCE LABORATORY EXAMINATION REPORT
21512015
2014-006817
IN2014-01991 ·
Dr. Gilson
Detective Diaz .

Victim's Name:
TamirRice
2014-368418
Agency Case #i
Submitting Agency: Cleveland Police Departmeni
Homicide Unit
Address: .
1300 Ontario Street
Cleveland, Ohio 44113

ItemS

No testing was performed.

ltem7

No testing was performed..

Item 10

Presumptive testing .Indicates the presence of blood on the anterior of
the gray with black trim jacket. No confirmatory testing was perfomned.
No blood was detected oil the left sleeve of the grey with black trim
jacket.
·
No bloodstains were observed on the posterior of the gray with black
trim jacket.
·

I

I

Apparent vomit was observed on the upper left anterior and posterior of
the gray with black trim jacket.
. · Defect A enlt8nC8 (3/16 Inch. diameter) located 18 Inches below the. left
mid-shoulder point -and 3 3/4 Inches left.of the anterior mid-body line.
No fouling was. observed visually. No powder grains were observed
visually or with stereomicroscopy. No wipe-off rim was observed
visually.
A grless test was performed on defect A entrance and one possible nitrite
was detected. ·
Based upon the test firing of the. "Glock" model17 .9mm semi-automatic
pistol, aerial number: FTX169, the approximate muzzle to terget
distance for defect A emranco Is 5 feat or greater.

Item 11
11.1

One black "Kickan' Back Jack" T-shlrt. Apparent blood was observed on
·the anterior of the black T-shirt.· No testing was performed on the
apparent blood.
Defect A2 enuenoo corresponds with defect A enUanco on item 10.

Trace ,Evidence La~oratorv E)!8mlnatlon _Report
Date of Dlatrlbutlon 216/2015
.

Page 3 of7

AnalyafB Initials
Revfewefalnltlala

Co-r

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.i

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CUYAfiOOA
COUNl'r

Cuyahoga County Regional Forensic Science Laboratory
11001 Cedar Avenue, Cleveland OH 44106

.

IUIGIONA~

1'01\IINSIC
S('~llNCII

LAUORATORY

Report Date: ·
CCRFSL Case II:
CCMEO Case II:
Pathologist:
Contact person:
Item 11

H.2

TRACE EVIDENCE LABORATORY EXAMINATION REPORT
21512015
2014-006817
lN20 14·0 199t
Dr. Gilson
Detective Diaz

Victim'sName:
TamirRice
2014-368418
Agency Case II:
Submitting Agency: Cleveland Police Departltlent
Homicide Unit
Address:
1300 Ontari<> Street
Cleveland, Ohio 44113

Continued:
One white "Hanes" T-shirt. Apparent blood was observed on the
anterior of the white T-shirt. No tasting was performed on the apparent
blood.
Apparent vomit was observed on the Interior of the upper left anterior of
the white T-shl~•.
Defect Aa entrenco corresponds with defect A enlrance on Item 10.

Item 12

No bloodstains were observed on the pair of gray jeans.
No bullet defects ware observed on the pair of gray jeans.
· Multiple green rfiflac~ve spheres were removed from the frorit pockets of
the gray jeans.

Item 13

Apparent blood was observed on the anterior of the gray hooded thermal
shirt. No testing was perfOrmed on the apparent blood.
I

.Apparent vomit was observed on the right aide ofthe hood of the gray
hooded thennalahlrt.
Defect A1 enrrenoe corresponds With defect A en1ranoJ on Item 10.
Item 14

No bloodstains were observed on the camouflage winter hat.
Apparent vomit was observed on the Interior of the left side· of the
camouflage winter hai.
No bullet defects were observed on the camouflage winter hat.

Item 15

No bloodstains were observed on the left blue with white trim shoe.

Item 16

No bloodstains were observed on the rlgl)t blue with white .trim shoe.

Trace Evidence Laborator/ Examination Report
Date of Distribution 210015

Pilge4 of7

Analysra Initials
Revlawe(alnltlala

c.r
r

j_
!

!

 I

CUYAHOGA
COUN'l'Y
i\II<UONAL

Cuyahoga County Regional Forensic Science Laboratory
11001 Cedar Avenue, Cleyeland OH 44106

t'O~IINS!C

S<!IGNCR
LABORATORY

Report Date:
CCRFSL case#:
CCMBO Case#: .
Pathologist:
Contaot person:
Item 17

TRACE EVIDENCE LABORATORY EXAMINATION REPORT

Viotim's Name:
TamirRice
2014-368418
Agency Case#:
Submitting Agency) Cleveland Police Department
Homicide Unit
Address:
1300 Ontario Street
Cleveland, Ohio 44113

21512015
2014-006817
JN2014-01991 .

Dr. Gilson
Detective Diaz

No bloodstains were observed on the brown belt.
No .bullet defects were observed on t~e brown belt.

I

Item 18

No bloodstains were observed on the blue underwear.
No bullet defects were observed on the blu• underwear.

Item 19
ltem20

No bloodstains were observed on the pair of white with gray trim ankle
· length socks.
A teat firing was performed on 12/17/2014. P.resent from the Trace
Evidence Department was Curtiss Jones.
Weapon used:

"Glock", model17, 9mm semi-automatic pistol
serial number: FTX169

Ammunition used: "Spee(' Gold Dot9mm
Fabric used:

100% polyester

ptatance:

Result:

21/2 feet

No fouling was observed visually. Powder grains were
observed visually and with stereomlcroscopy ·to a 3 1/2 Inch
radius around the bullet defect. Nitrites were detected to a 3
1/21nch radius around the bullet defect.

3 feet

No fouling was observed visually. Powder grains were
observed visually and with stereomlcroscopy to a 4 Inch
radius around the bullet defect. Nitrites were detected to a 4
inch radius around the bullet defect.

3 1/2 feet

No fouling was observed visually. Powder grains were
observed visually and with stereomlcroscopy randomly
around the bullet defect. Nitrites were detected to a 4 Inch
radius around the bullet defect.

Trace Evidence Laboratory ExamlilaHon Report
DateofD!Stl1buUon · 2161201~

Page5of7

Analyst's In/Halo Co.r
Ravlawe(a ln/Halsc._..t:l':..__

 .

I

CUYAHOGA
COUN'tY

Cuyahoga County Regional Forensic Seienee Laboratory

lUIOIONA~

11001 Cedar Avenue, Cleveland OH 44106

:,'g,~=c
~BORA TORY

Report Date:
CCRFSL Case II:
CCMBO Case II:
Pathologist:
Contact person:
ltem20

TRACE EVIl>ENCE LABORATORY EXAMINATION REPORT
Victim's Name:
TamirRice
Agency Case #: .
2014-368418
Submitting Agency: Cleveland Pollee Department
Homicide Unit
·
Address:.
1300 Ontario Street
Cleveland, Ohio 44113

215/2015
2014-006817
IN2014-01991
Dr. Gilson
Detective Diaz

Continued:

Distance:

Result:

4feet

No fouling was observed visually. Powder grains were
observed visually and with stereomicroscopy randomly
around the bullet defect. Nitrites were detected randomly
around the bullet defect.
·

41/2 feet

No fouling was observed visually. Powder .grains were
observed visually and with atereomicroacopy randomly
around the bullet defect. Nitrites were detected randomly
around the bullet defect.

6.feet

.No fouling was. ob.served visually. No powder grains were
observed visually around the bullet defect. Two possible
nitrites were detected around the bullet defect.

51/2 feet

No fouling was observed visually. No pawder.gralns were
observed visually around the bullet defect. Two possible
nltrltas were. detected around the buliet defect.

6feet

NrHoullng was observed visually, No powder grains were
observed visually around the bullet defect. One possible
nitrite wail detected around the bullet defect.

6 112 feet

No fouling was observed visually. No powder grains were
observed visually around the bullet defect. One possible
nitrite was detected around the bullet defect.

7 feet .

No fouling was observed visually. No powder grains were
observed visually around the bullet defect. One possible
nitrile was detected around the bullet defect.

8 feet

No fouling was observed visually. No powder grains were
observed visually around the bullet defect.

Trace Evidence_ Laboratory Examination Report
Dale of Dlatrlbution

216/20is

·

Page 6of7

Analyat'alnltlala
Revlewe(a lniUala

o-r
"'

 I

CUYAHOOA I

COUNTY

IIHOIONA~

1'01\nNSIC
SCIIINCR
LAilORA'OORY

Report Date:
CCRFSL Case#!
CCMEO Case#:
Pathologist:
Contact person:

.Cuyahoga County Regional Forensic Science Laboratory
i1001 Cedar Avenue, Cleveland OH 44106
TRACE EVIDENCE LABORATORY EXAMINATION REPORT
·Victim's Name:
TamirRice
Agency Case#:,
2014-368418
Submitting Agency: Cleveland Police Department
Homicide Unit
Address:
1300 Ontario Street
Cleveland, Ohio 44113

2/S/2015

2014-006817
IN2014.01991
Dr. Gilson
Detective Diaz

!terns 2, 3, and '5 wei$ .transferred to the DNA Department. Please see the DNA report
for any DNA analysis performed.
Iiams 8 and 9 wei$ examined by the DNA Department. Please see the DNA rep()rt for
any DNA analysis performed.
Any dimensional rneasuremerit8 cOntained tn this Trace Evidence Laboratory
Examination Report are approximations unless otherwise· noted. Dimensional
measurements that have a direct effect on the rlisulta of a test or analysis ai'e
documented with the uncertainty of measurement value.
As of the data of the Trace Evidence Laboratory Examination Report, unless otherwise
Indicated, the Hem,a of evidence contained herein are stoted at the Trace Evidence
Department of the Cuyahoga CountY Rtiglonaf.Forenslc Science Laboratory.

.

.

This report shall not be reproduced except In full, without the written approval of the
Cuyahoga County ~tiglonal Forensic Science Laboretory.

Results In this report relate only to the Hems tested.

Date

Trace Evidence laboratorv ExamlnaUon Report
Date ·of Olatributlon 216/lO!S

Page7of7

2/6/20 15

Anelyat'a lnlilale
c.r
Revlewer'eln!Uale......_"'-1(-

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,,,

.................. _.•.•.•. _.........--:-

CuYAHOGA

Cuyahoga County Regional Forensic Science Laboratory

COUNTY
(:\ REGiONAl.

11001 Cedar Avenue, Cleveland OH 44106

. =2-+ FORENSIC
;

.

~~;~~lORY

Report Date:
CCRFSL Case#:
CCMEO Case#:
Agency Case#:
Pathologist:
Contact Person:

DNA LABORATORY EXAMINATION REPORT

1-23-15
2014-006817
1N2014-01991
2014-368418
Dr. Thomas Gilson
Det. Ray Diaz

Victim's Name:
Submitting Agency:
Address:

TamirRice
Cleveland Police Department
Homicide Unit
1300 Ontario Street
Cleveland, OH 44113-1600

Items 2 and 3 were transferred by Curtiss Jones of the Trace Evidence Department on November
24,2014.
Item 5 was transferred by Dr. Thomas Gilson of the Cuyahoga County Medical Examiner's Office
on November 24, 2014.
Items 8, 9, 10, II, 12, 13, 14, 15, 16, 17, 18, and 19 were submitted by Det. Kathy Cruz of the
Cleveland Police Department Homicide Unit on December 2, 2014.
The following items were tested for DNA:
Item

Sub-item

Description

2

One swab from the right hand fingernails of Tamir Rice

3

One swab from the left hand fingernails ofTamir Rice

5

Buccal swabs from Tamir Rice

8

"2 swabs from cell phone @ #3"

9

"(8) Eight swabs of suspected DNA collected from black Colt 1911 semiauto pellet gun and black magazine"
9.1

"2 swabs suspected DNA, Colt 1911 semi-auto pellet gun and magazine"

9.2

"2 swabs suspected DNA, Colt 1911 semi-auto pellet gun and magazine"

9.3

"2 swabs suspected DNA, Colt 1911 semi-auto pellet gun and magazine"

9.4

"2 swabs suspected DNA, Colt 1911 semi-auto pellet gun and magazine"

DNA STR (Short Tandem Repeat) analysis:

DNA obtained from items 2, 3, 5, 8, 9.2, and 9.:i was characterized through the Polymerase Chain
Reaction (PCR) at the genetic loci Amelogenin, D3Sl358, DlS1656, D2S441, DlOSJ248,
DJ3S317, PentaE, D16S539, D18S51, D2S1338, CSFIPO, PentaD, THO!, vWA, D21SII,
DNA Laboratory Examination Report
Date of Distribution: 1-23-15

Page 1 of3

Reviewer's initials:
Analyst's initials:

 I

CUYAHOGA

Cuyahoga County Regional Forensic Science Laboratory

~
.COUN'rY
, ' -~ RE<~iONAl,
F~R_F-;<SIC
SUENCb

11001 Cedar Avenue, Cleveland OH 44106

LABORAtORY

Report Date:
CCRFSL Case#:
CCMEO Case#:
Agency Case #:
Pathologist:
Contact Person:

DNA LABORATORY EXAMINATION REPORT

1-23-15
2014-006817
IN2014-01991
2014-368418
Dr. Thomas Gilson
Det. Ray Diaz

Victim's Name:
Submitting Agency:
Address:

TamirRice
Cleveland Police Department
Homicide Unit
1300 Ontario Street
Cleveland, OH 44113-1600

D7S820, D5S818, TPOX, DYS391, D8Sil79, Dl2S391, DI9S433, FGA, and D22Sl045 using
the Promega PowerPiex Fusion amplification system.
Results and Conclusion:

Presumptive test indicated the presence of blood in items 2 and 3. No confirmatory testing was
performed.
The partial DNA profile obtained from item 8 is a mixture with major and minor components. The
major DNA component in this mixture matches the DNA profile of Tamir Rice (item 5). In the
absence of an identical twin, Tamir Rice is the source of the major DNA component in this mixture
to a reasonable degree of scientific certainty. The genetic loci DI3S317, Penta E, CSFI PO,
D5S818, TPOX, DI9S433, FGA, and D22SI045 were not used for statistical calculations. The
minor DNA component is inconclusive due to insufficient infonnation.
The DNA profile obtained from item 9.2 is a mixture with major and minor components. The
major DNA component in this mixture is unknown. Tamir Rice cannot be excluded as a possible
contributor to the minor DNA component in this mixture. The probability of selecting an unrelated
individual at random from the population as a possible contributor to the minor DNA component
in this mixture is approximately I in 2 million in Caucasians, I in 64,850 in African Americans,
and I in 4 million in Hispanics. The genetic loci Penta E, D2SI338, CSFIPO, vWA, D7S820,
TPOX, D 19S433, and FGA were not used for statistical calculations.
The DNA profile obtained from item 9.3 is a mixture of at least three individuals. Tamir Rice
cannot be excluded as a possible contributor to this mixture. The probability of selecting an
unrelated individual at random from the population as a possible contributor to this mixture is
approximately I in 485 million in Caucasians, 1 in 18 million in African Americans, and I in 918
million in Hispanics.
No DNA profile foreign to Tamir Rice was obtained from item 2.
The partial DNA profile obtained from item 3 is inconclusive due to insufficient information.

DNA Laboratory Examination Report
Date of Distribution: 1-23-15

Page 2 of3

Reviewer's initials:
Analyst's initials:

 ·····················---~

I
.

CUYAiiOC;A

Cuyahoga County Regional Forensic Science Laboratory

COUNTY

11001 Cedar Avenue, Cleveland OH 44106

REGIONAL
FORENSIC
SCIENCe

LABORAtORY

Report Date:
CCRFSL Case#:
CCMEO Case#:
Agency Case #:
Pathologist:
Contact Person:

DNA LABORATORY EXAMINATION REPORT

1-23-15
2014-006817
1N2014-01991
2014-368418
Dr. Thomas Gilson
Det. Ray Diaz

Victim's Name:
Submitting Agency:
Address:

TamirRice
Cleveland Police Department
Homicide Unit
1300 Ontario Street
Cleveland, OH 44113-1600

An insufficient quantity of human DNA was obtained from item 9.1. No further testing was
performed at this time.
No human DNA was detected in item 9.4.
Items 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 were not tested for DNA at this time.
The NlST STR frequency database was used for statistical calculations.
The genetic locus DYS391 was not used for statistical calculations.
Please submit a reference buccal swab sample(s) for comparison to the unknown.
All cuttings and portions obtained from the evidence items examined for this report, and the
remaining DNA extracts from these items will be stored at the appropriate temperature in the
laboratory.
Results in this report relate only to the items tested.

Analyst:

-----c~l{Uy:::--'::-:-:-{J-:-.

·.':LiA_>._·
. _ __

Date:

1·23-15

Jeffrey Oblock
Title: Forensic Scientist
~,..--'t.--­

Technical Reviewer:---:-:--:--:--=---=-=--Nasir A. Butt, Ph.D.

Date: 1-23-15

Title: DNA Technical Manager and Supervisor
This report shall not be reproduced except in full, without the written approval of the Cuyahoga
County Regional Forensic Science Laboratory.
DNA Laboratory Examination Report
Date of Distribution: 1-23-15

Page 3 of3

Reviewer's initials:
Analyst's initials:

 CUYAHOGA COUNTY MEDICAL EXAMINER
11001 Cedar Avenue
Cleveland, OH 44106
(216) 721"5610
Thcmas P. Gil$00, M.D.
Medical El.amir'er

Official Receipt from the Office of the Medical Examiner of Cuyahoga
County
Issued By: Childs, Alicia
Issue Date: 1/14/2015
Receipt Number: RC2015•00183
Printed: 1/14/2015 9:14:12 AM

Case Number: IN2014·01991
In Reference: Tamir E. Rice
Requestor Name: Investigator John Morgan
Agency R.,questor; CuyahOga County Sheriff's Department
Address: 1215 West .3rd Street. , Cieveland, Oh'i.O 44113
Comment: CD.
Code

Report Name

Sub Fund

Amount

Quantity

Pages

Totai.Amo.unt

VERD

Verdict Report

o1A001

$0.00

1

1

$0.0b

LABR

Laboratory Repor.l

20A312

$0.00

i

$0.00

APRO

Autopsy Protocol

01A001

$0.00'

1

$0.00

PHOT

Photographs

0.1A001

$0.00

1

$0.00

TOTAL

$0.00

4

4

The attached documents are a true ·and certified copy of the original decuments on file in the Cuyahoga County
Medical Examiner's Orfice, 11001 Cedar Avenue, Cleveland, Ohio 44106.

Thomas P. Gilson, M.D.. Medical Examiner

$0.00

 Toxicology Laboratory Report
Cuyahoga County Regional Forensic Science Laboratory
11001 Cedar Avenue, Cleveland, Ohio 44106
Final Report

CUYAHOGA
COUNTY
!3, REGIONAL
·,."7;;' FORENSIC 1
'•~ SCIENCE
:
LABORATORY I

Page 1 of 4
Case Number :
Name:
Agency:

IN2014-01991
Tamir Rice
Cuyahoga County (CCMEO)

F~motal Blood

S~eilhen

~

01. Blood

r.1 .

l1 · Liver

Rt . Longterm S!or~l"/ _

\

V1 · Hosp~al Blood

COMMENT : Y1

Report Date :
Receipt Date:
Pathologist :

Thursday, December 11 , 2014
Monday, November 24, 2014
TGIL - Thomas Gilson - M.D.

Received
G1. Gastrlc

11. Bile

R2 • Longterm St01age

VI • Vitreous Humor

Y3 • Hospital Blood

Y4 -Hospital Blood

=11/22114@ 526pm; Y2 a
Drug Group/Class

Quantitation

Result

Analyte(s)

Acid Neutrals by GC/MS

None Detected

See Page 4, Group 2

Acetaminophen Screen

None Detected

See Page 4, Group 9

Salicylate Screen

None Detected

See Page 4, Group 10

t'f.1 :
0

'F~!i1oral

Bfood.Af1alys.is ·

..

Drug Group!Ciass

.

·

· .
Resull

·

·
Quantitation

· · · · · · ··. ·,., · :~
Analyte(s)

Volatile Screen & Confirmation

None Detected

See Page 4, Group 1

Opiate ELISA Screen

None Detected

See Page 4, Group 1

Basic Drugs by GC/MS

None Detected

See Page 4, Group 8

Barbiturates ELISA Screen

None Detected
None Detected

See Page 4, Group 1

Benzodiazepines ELISA Screen

None Detected

See Page 4, Group 7

Cannabinoids ELISA Screen

None Detected

See Page 4, Group 7

Carisoprodol ELISA Screen

None Detected

See Page 4, Group 7

Cocaine Mtb. ELISA Screen
Fentanyl ELISA Screen

None Detected
None Detected
None Detected

See Page 4, Group 7

Oxycodone ELISA Screen
Phencyclidine ELISA Screen
Tricyclic Antidepressants ELISA Screen

None Detected
None Detected

See Page 4, Group 7

None Detected

See Page 4, Group 7

Methadone ELISA Screen

None Detected

See Page 4, Group 7

Amphetamine ELISA

Methamphetamine ELISA Screen

No Test Performed

No Test Performed

See Page 4, Group 7

See Page 4, Group 7
See Page 4, Group 7
See Page 4, Group 7

 Toxicology laboratory Report
Cuyahoga County Regional Forensic Science laboratory
11001 Cedar Avenue, Cleveland, Ohio 44106
Final Report
Page 2 of 4
Case Number :
Name:
Agency=

IN2014-01991
Tamir Rice
Cuyahoga County (CCMEO)

Report Date :
Receipt Date :
Pathologist :

Thursday, December 11,2014
Monday, November 24, 2014
TGIL - Thomas Gilson - M.D.

No Test Performed

Drug Group/Class

No Test Performed

No Test Performed

Drug GroupfCiass

Volatile Screen & Confirmation
Acid Neutrals by GC/MS
Opiate ELISA Screen
Basic Drugs by GCJMS

Result

Salicylate Screen
Amphetamine ELISA

Barbiturates ELISA Screen
Benzodlazepines ELISA Screen
Cannabinoids ELISA Screen
Carisoprodol ELISA Screen
Cocaine Mtb. ELISA Screen
Fentanyl ELISA Screen
Methamphetamine ELISA Screen
Oxycodone ELISA Screen
Phencyclidine ELISA Screen

Tricyclic Antidepressants ELISA Screen

Analyte(s)
See Page 4, Group 1

Qty. Insufficient

See Page 4, Group 2

None Detected
Positive

See Page 4, Group 7
See Page 4, Group 8

Positive

Lidocaine
Acetaminophen Screen

Quentilation

None Detected

Qty.lnsufflclent
Qty. Insufficient
None Detected
None Detected
None Detected
None Detected

None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
·None Detected

See Page 4, Group 9
See Page 4, Group 10
See Page 4, Group 7
See Page 4, Group 7

See Page 4, Group 7
See Page 4, Group 7
See Page 4, Group 7
See Page 4, Group 7
See Page 4, ~roup 7
See Page 4. Group 7
See Page 4, Group 7

..........

See Page 4, Group 7

.,,.~~

 Toxicology Laboratory Report
Cuyahoga County Regional Forensic Science Laboratory
·11001 Cedar Avenue, Cleveland, Ohio 44106
Final Report

CUYAHOGA

COUNTY
REGIONAL
, ...:.... • FORENSIC
·:
SCIENCE

....•~· LABORATORY

~-·----·-------

Page 3 of 4
Case· Number :
Name:
Agency:

IN2014-01991
Tamir Rice
Cuyahoga County {CCMEQ)

Report Date :
Receipt Date :
Patholc>gist :

None Detected

No Test Performed

Thursday, December 11, 2014
Monday, Novem.ber 24. 2014
TGIL - Thomas Gilson -M.D.

 Toxicology Laboratory Report
Cuyahoga County Regional Forensic Science Laboratory
11001 Cedar Avenue, Cleveland, Ohio 44106
Final Report

Page 4 of4

I)

VOI.ATIL!i'S: AcW!ldehyde, Acetone, Acetonitrile", Butooe. Chloroform ... Didlloromelhnne"', ElhMol, Elhyl Ac<tote•, FormBidtbyde. Jsopro~'lol, Mcll13ne.
M~nol, Pa111ldthydo,., p,.op~n•, To!Uonc•. I>THANOL, ACETON11, ISOPROPANOL, ond METHANOL CONFIR!>'IATION(•J by Oll(matl.-e GCcoi<IRl~
~ndlor alternative ~peclmens. MEnfANOL isdlffmr.tlated flll!n FOJU.(ALD£t1YDE by COlorimetry (Qu~niRiiv~).

2)

SedAtl~ HypnotltR, Anlt.Epllcplic 11nd Other AcldldNcutraJ Drugs:
Amobarbital, Butolbiul, Caft'eine, Carbatnllteplne, Carisoprodol. Olutdh~nide.lbuprofen. Lc\'etiracellun. Mephm}toin, Meprobam~te, MetaXalonc. ~proxen.
Perrto'tmbilnl, Ptntoxifylline. Phenobarbit.al. Phen )loin. Prlmidonc.. Stcob:l!bital, Theophytiinc. Toplmn•te, (<bbaptntin!Pr~abalin by LCIMS.MS);
ACIDIC Nl!UTRALs Screened and Quanttned by GC·PID nrul omnemed 111 GCIMS.

3)

CARBON MONOXIOE•(CarlloxyiKA\Oglobln) by CO.O~Imelry: Ctubon Monoxide. Methemoglobin, HCIII<I!IIobin; CARBON MONOXIDE CONF'IR:VIA noN II)'
Spcctropholomclry and/or Mlcrodtlrusloll.

<I)

GLYCOLS• : Ethyle:~c Glycol. Propylene Ol)·col Screened and Connrmcd by GCIMS.

5)

CYANIDE•: Screened aot.l Qu~nuncd by Colorimetry.

6)

EMITt>SCREEN: SYMPATHOMIMETlCAMll'(ES (SMA$) (latgcl-= d·AmphciOmlne); BI!NZODIAZ.EPlNES (Tatgct• OX11Z<9am);
COCAINE (Target"' Bernoylecgonine (a.:ocaine metlbolilc); CANNAB£NOIDS ('J'drGet= 1 1-llOf·,M•·'rnC.COQH (a marl)tllllll metabolite):
OPIAT&s (1'3rgetu MoiJ'Ihine): PHENCYCUOlNE (Tar&ct= Phencyclidine). •

7)

.&LISA (f;nzy.nc.L.inked £mmuno~orbenlli,ssay) SCREEN: SMAs(TUrget = d·Amplldamine); 8nrblturates{TII!flCI= Paitobarbital); Beuodluerlnes (Ta~,.
Alptazolam); Cannnblnohb (Tqet•lloflON~·9·1llC.COOH (a marijuana rnctabol~e); Cllrlsoprodol <T•f8et., CarisopNdol); Cocaine MCUbol~e (Target=
OCiltoylc<gonine); Fent~nyl (Tirget" Fenton}'!); Melhftmpbdnmlnt \l'atllet c d·Mclhrunphelamiftc); OJ<YC«lone (Target,. OIC)'todone); Plten~clldlne (T~et =
Pltencyclidfnc): TrtcycUc 1\ntldepressanls (1'11'8ct =Nortriptyline); Mclhndom (TIIfgct = Mdhndone); Orlmu (Tnrget"' Morphine).

8)

BASIC DRUGS by CCIMS (Quan!HaUon nnd ConflnnnUon): Amontadt~ Amilriptyllne. Amoxnplne, Amphetamine, AttO!llrte, Scntii'Opine, flrcmphmir•mine,
Bupivecnine. Bupropion. Bupropton Metllbo!it~. B~pirone. Meine. Ca~inoxamine. Olloropltenylpipemlne. ctllorpbeniraminc. Clllorpromnine. Citalopcrun,
CIOtn!pramine. Clozapine. Coa~tth)'ltt~e. Coeaill•, Codeine. Cocaineond metaboliiC1. Cotiaine, Cychzine, Cydobcnzaprine. Ocsstkylllurazepam, Oesipr~ine. Oosonethyl
CSr lordiv.epoxide. Dcsmerhyl ClomipJamiM. oesmetll~ Clozepin•. Dcsmetbylstrtraline, De..<methylvwlafnKi~~e, Dtxrromcthorphw. Dlazq~sm. DieUI}'Ipropion.
Olphenhy<\'alllinc.. OiSOp}'nmide. DilliPltnl, Ooxepin, Doxylamioe. Ecgonine melhyl ester, ~cdrineiPseudocphedripe. FenOUB~J~ine, Fmlonyl. FlttOXdint,
1'1uvox<Uilint. Guaifenesin, Haloperidol, Hydrocodone. Hydroxyzine, lmiJII'Illine, Ketamine, J.uudanosine. Lidocl if)(. Lid!Xainemb (MEGX), Loxaplne, Maprotilinc.
Medicine, Meperidine. Mephentermine, Mesorid:u:hse, Melhadone. Methadone primary m b(EODP), Mdh~dooe E«oredary mb (SMDtX M<lll:kllphtlamlnc. Metl1ylene.
1tioxyampl!etamine (MDA). Metllylencdiox)m<'lhamphctami~e (MOMA). Mcthylenedioxypyrovalerone (MOPV), Mtthylph<nidatc, Mdoprolol, Mcxitelino, Mid~zolam.
Mirtatapine, 't«fo7.odone. Nicotine. Nordiar.cpam. Nordoxcpin, Nodluoxclfne, Normeperidin~. Norpropoxyplte"e, Norlliptylinc, Ncrvef\lpamll, Olantapine. Orphttwdrine.
Oxycodone. Papaverine. Pnroxeti11c, Pentazocine, tentoxiJYifine, Perphenazillc-.. Phencyclidine. bda-Phenclllyllmine, Plteniramine. Phendimerruinc. Phenmcuuinc.
Phcntermine, Pltcnylprop:tnolamine, 1>1\cnytoloxuninc. PFO«ine. ProrMth112ine, Propo~ypllene, Propn!nolol, Piolliptyline, Pseudoehedrine. Pyrilamine, Queti~plnc.
Quinidine. Quini~e. Settroline. 1hioridetine. Trtmadol. 'l'nluylc)'f)romine. Trazodonc. Trihexylphenidyl. Trimipttmine. VcnlafllXille, Vcrtp:vnil. Zolpidem.

9)
tO)

ACETAMINOPHEN SCRE!!N: Aedtminopllen by Colorhnetry (Qu~lllative).
SALIC\'LATI>SCREEN: Salicylate (Mpirin) by C'olorlmclry (Qnalf\QU~e). SALICYLATE CONFIRMATION by Cas Cllroi11Riocrnplty.

II)

12)

XANTH!NES by COl\'IS: ACetaminophen. Caff~lne.
CLINICAL CHEMlSTRJilS (CH'EM7): Ketones, pH. Specific Geuvily. ond Electrol}tes(Sodium. Pol!ISSiUru, Otloride, 'TCOl. Gluoose. Urea, Crc~tinine).

13)

COCAlNE CONFIRMATION lly (;CIMS: AnhydroecgoBine methyl ester, BenEoylec:goninc, Coc~ine, COtae!hy1<ne, Ecgonine ethyl u1a'".llcgonine mtth)1 C!ltr.

14)

CANNA nTNOIDS by CC!!v!S: Ctvm:ebinolds (.,g/mL: mc&'L): 09 .'fHC. I I·OH·09.THC (3 marijuana r.tr:hbolitc). t I .f101'· 09 ·'ffiC·COOH (a nt:tfij~anunetabolitc).
TOTAl.ll ·nor· o9.·mc.cooH (~ mM!ju~et mdl!bo11tr:).

IS)

OPJATilS b)' GCIMS (ltg/nt'L): M<X"phioe, 6·Acrtytmorphine (lteroinmuabolite). Codeine, HydroCQ<Ione. Dillydt«odeine. HydromorJlllO!te, Norc01lcint"', Oxycodone;
OxymCI'JI(lone. TOTAL OPlATI!S by GCIMS·Hy<lrol)'sls tollowcd by OP.lATES by CCrMS.

16}

BEI'IZODIAZEPINE COI\"FIRMATION b)' GC".JMS: A!prer.ol&llll melabolitc, Diszepamlmtlabolites, Cl01111epam, Lortzq>alll, Midazolam!mttabolilc, Triuo!am.

17}

SYMPATHOMIMETIC AMINES CONl'.I.RMATIONbf GC/MS anai)'Sis (ng/mL) : Amantadine. A/llphclamine. bcta·PIIcnethylwine, MDF.A. MI:Ulanephcl1Uoine.
Methylen«lioxyatuphtlaminc (MD A). Mdhylenedioxymethamphetnmine (MOM A). Phentennlne. Phenylpropmolamint. Pscudoc:ph(cf(anc.

18)

GH8 by GCIMS (mg.IL): Cf.lmma.flydrox}'blltyric ncid {gamma h ydrox)Uutyrate) .

19)

FENTANYL by CCIMS (nglmL): F'<niAnyl, Sufl:n!>lnil. AlfcnUrlil .

%0)

SENT OllT TO Rli f'F.R ENC£ LABS: Synllldl~ C~nnabinoids and Syn!htlie Colllinones, Eplnepltrine. 7· llllli\o Fklnitnttcpllm, Flunitrucpam. Is£, lnwlin, LSD.

Neredipine. C.Peptide. Psilod~. Ri~peridone, Tl}'lltasc.. Warfarin. Valpro!c Add, HEAVY METAL SCRI>EN: (Antimony, Amnk. Lead, 'Barium, Cadmium. Bismulh.
Merwry. S~enium).,.. any other~' nolli$!Cd abQvc.
'BY REQURST ONLY; ABB!!EI'111170NS: POS=Positivc; NSCFNeglllivt; UNS><Spe,imw UJUI.I itab!r: f~r testing: N10N-Not Done; QNS«Quantity insuffiticat tor
analysis; CHEM7•CIInical Chemi!try. <=less llt\111; > =grcat<r than: LRL- Lower reportin& limit: C.L."' Conlicfcncc Level.
UNlTS fOJt VOJ.A TtLES: 100mg/dl.I=O.IOO gdLa 0.100 gl%. UNITS: I m31'L= 1000 flg/L aJOOOnglmt.
I certify th at the specimen identified by this case. number IN2014·01991 have been handled and analyzed in acc.ordance with all applicable
requirements. The result in this report relate to the ilems tested. For purposes ot identification and c.,se tracking Ihe Toxicoi09Y Lab uses case
numbers exclusively. Name is subject to change based on receipt of information. This report sttatl not be reproduced el(cepl •n full. without the
written a pproval ollhe Cuyahoga County Regional Forensic Science Laboratory.
l"'k;..,.f' t:,-wcr.cir Tnvirnlnn io:.:l

2,{_./!.Jt': ~.i.u/.l.._, i2../12/ti/

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15·04 (Tamir Rice)

James Mackey, Detective

DATE

TO

5/21/15

Sgt. Sharpe

Officer Interview Request Update
File

Follow up regarding request for an interview with the below listed officers made on Friday March 13, 2015.
-Detective Dan Lentz
-Patrolman Lou Kitko
-Patrolman Tom Griffin
-Patrolman Ricardo Roman
-Patrolman Ken Zverina
I spoke with CPPA Union Attorney Brian Moriarty today (Thursday May 21, 2015). He informed me that he is in the
process of speaking with his clients and thus far sees no issues with his clients speaking with investigators. He
mentioned at the earliest he would be able to schedule interviews would be Thursday May 28, 2015.
I informed Moriarty that I would contact him on Tuesday May 26, 2015 to schedule the interviews.

11/I/ISIII/111
James Mackey, Detective

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILENO.

FROM
SUBJECT
COPIES TO

DATE

15-04 (Tamir Rice)

James Mackey, Detective

TO

5/26/ 15

Sgt. Sharpe

Officer Interview Request Update 5/26/15

File

On Tuesday May 26, 2015 I received a phone call from CPPA Attorney Brian Moriarty regarding a request to
interview the following Cleveland Police Officers with relation to this case:
-Detective Dan Lentz
-Patrolman Lou Kitko
-Patrolman Tom Griffin
-Patrolman Ricardo Roman
-Patrolman Ken Zverina
Moriarty said all the officers are willing to speak with us. He requested that the interviews be scheduled for Monday
June 1, 2015. I informed him that I was only able to get an extension until Thursday May 28, 2015 which was
extended from the original date of Saturday May 23, 2015. He put me in touch with his Co-Counsel, Keith
Wolgumuth who indicated he will try to get the interviews scheduled for Thursday May 28, 2015.
I informed him that out of the five (5) officers Det. Lentz would be a priority interview over the other four (4) officers if
we were to meet the Thursday deadline. I last spoke with him around 9:20pm today (5/26/15) and he was unable to
commit to any interviews as of yet as he only learned that he would be sitting in on the interviews around 7:00pm.
I informed him that I would be in contact with him in the morning hours of Wednesday May 27, 2015 to see if there is
any progress on scheduling the requested interviews.

III//IS/1111/1
James Mackey, Detective

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

15-00004

Detective David Jacobs

DATE

TO

05/27/2015

Sergeant Eugene Sharpe

SUBJECT Photos f r o m - - perspective
COPIES TO

File

The following is in conjunction with the investigation into the Cleveland Police Department (CPO), Use of
Deadly Force incident that took place at the Cudell Recreation Center (CRC) on November 22nd, 2014 at
approximately 3:30pm.
CPD Scientific Investigative Unit (SIU) Detective James Raynard took several photographs of the area of
Street, Cleveland, Ohio on December 10, 2014.
lives at the aforementioned
perspective and location at the time
address and the purpose of documenting these photos was to depict
of the incident previously mentioned.
There are a total of thirty-six (36) photos taken from various locations and angles. Using the Attorney
General, Bureau of Criminal Investigation (BCI) 360 degree scan we were able to measure from w h e r e was standing and the CRC gazebo where the incident took place. It was determined- was approximately
three hundred and fifteen feet (315) from the CRC gazebo. The photos were uploaded and scanned to the file. Refer
t o - interview synopsis for further information.

Respectfully Submitted,

Detective David Jacobs

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Detective David Jacobs #211

DATE

TO

05/2812015

Sergeant Eugene Sharpe

Interview of CPO Officer Ricardo Roman
File

Ricardo ROMAN, Cleveland Police Department (CPO}, Badge #980, Patrol Officer, First District, "B"
Platoon. On May 281h, 2015 ROMAN was interviewed by Detectives James Mackey and David Jacobs at the
Cuyahoga County Sheriff's Office. ROMAN was advised of the identities of the interviewing Detectives and the
purpose of the interview. ROMAN thereafter provided the following information regarding the investigation of the
CPO Use of Deadly Force incident which took place at the Cudell Recreation Center (CRC), 1910 West Boulevard,
Cleveland, Ohio on November 22nd, 2014 at approximately 3:30pm.
Present for the interview; Attorney Marissa Serrat, Cleveland Police Patrolman's Association (CPPA)
Union Representatives William Gonzalez and Thomas Lascko.

ROMAN has been employed as a CPO Patrol Officer since January of 2011 and has been assigned to
the First District his entire career. On November 22nd, 2014 ROMAN was assigned to Zone Six (6) and was working
"B" Platoon (1430 hours to 2230 hours.) ROMAN was partnered with Officer Ken Zverina and their respective call
sign was 1A26.
At approximately 15:20 hours, ROMAN and Zverina were clearing a domestic violence call in the area of
Lorain Avenue in Cleveland, Ohio. District One (1) dispatch was calling any available cars to respond to the CRC for
a "man with a gun." CPO Unit 115A, call sign 1A25 (Loehmann and Garmback) responded that they were nearby
and would respond. ROMAN and Zverina responded shortly thereafter stating that they would also respond.
While en route to the CRC, ROMAN heard Garmback call "shots fired" and they continued to the CRC. ROMAN was
confused as to who was shot.
ROMAN was driving and Zverina was the passenger as they arrived at the CRC. They entered the
parking lot from the West Boulevard entrance and parked on the south side of the parking lot facing east. ROMAN
noticed 1A25 was parked near the gazebo and a male was lying on the ground between CPO unit 115A and the
gazebo. ROMAN remembers Garmback and an FBI Agent administering some type of first aid to the male.
ROMAN thought the suspect was lying on the grass and noted that there was a "black automatic gun and
a magazine clip" on the ground near the suspect. ROMAN described the suspect as a "black male, early twenties
and easily over two hundred (200) pounds." ROMAN was shown a crime scene photo of the weapon recovered from
the scene and he stated it appeared similar to the gun he saw in the grass near the suspect. ROMAN thought the
gun was real until he looked closer at the magazine, even then, he still thought the gun was real.
ROMAN did not have any conversations with Garmback but did talk to Loehmann. The conversation with
Loehmann was only pertaining to an injury to his ankle. ROMAN described Loehmann as "upset. n ROMAN did not
overhear any conversations between the FBI Agent and the suspect. ROMAN described the suspect as having
"shallow breathing. n Initially, ROMAN did not know what had happened but did learn sometime later that Loehmann
was responsible for firing his weapon and shooting the suspect.

CPO Roman interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE

ROMAN had a brief interaction with a person who was trying to enter the crime scene stating "that's my
brother." According to ROMAN, the male "tensed up" and was angry (in general) and was eventually placed into the
backseat of one of the CPO marked units. ROMAN also noticed the suspect's mother had arrived and was given
permission to ride in the EMS truck with her son to the hospital.
Respectfully Submitted,

Detective David Jacobs

CPD Roman interview

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

Det. Homer Allen

DATE

TO

05/28/2015

Sgt. Sharpe

Interview with Officer Lou Kitko
Lt. Smith and File

Sir,

On Wednesday May 28th. 2015 at 10:30hrs while assigned to the Cuyahoga County Sheriff's Detective
Bureau Detective James Mackey and I conducted an interview with Cleveland Police Officer Lou Kitko. The interview
was in reference to a Cleveland Police Department (CPO), Use of Deadly Force incident which occurred on
November 22, 2014 at the Cudell Recreation Center (CRC), 1910 West Boulevard, Cleveland, Ohio.

Interview Attendees
Officer Lou Kitko
CPPA Union Vice President Thomas Lascko
CPPA Union Attorney Marisa Serrat
CPPA Union Attorney Henry Hilow
Officer Kitko has been employed by The City of Cleveland Division of Police for the last 18 years. He is
presently assigned to the basic patrol division in the 1st District. He is assigned to a one man car and was on another
assignment when "Shots fired' was broadcast, and EMS was requested. The following is a summary of what
occurred at the scene:
•

He entered the CRC parking lot and parked his car facing east toward the gazebo.

•
•

Was informed by Officer Garmback that this was an officer involved shooting .
He contacted the Cleveland Police Union.

•
•
•

He retrieved crime scene tape from his cruiser and began to mark off the crime scene.
He recalls the male laying on ground with his head pointing south.
There was a firearm lying next to the male.

•

Appeared to be semi-automatic handgun, black in color which looked real.

•
•
•

He entered the CRC and advised the staff that CPO would need a copy of their video surveillance.
He attempted to calm down Officer Loehmann; he was very emotional and very upset about the incident.
He believes that he and Officer Loehmann may have prayed together in the back of the ambulance.
Upon asking Officer Kitko if he had a conversation with Loehmann , he replied that "He only remembers
the generic's." Loehmann stated, 'They arrived on scene, was yelling commands at the kid, they stopped the
car, the kid went for the firearm and tried to pull it out, " Then Officer Loehmann told Officer Kitko that he
shot him.
Officer Kitko believed that firearm was real. He believed that he was only on scene for approximately 30
minutes. Kitko stated that he has only known Officer Loehmann for about a month or two, and Officer
Garmback for around 8 years.

CPD Kltko Summary

 ..... .:.-.....

CUYAHOGA COUNTY SHERIFF'S OFFICE

Upon reviewing the video from the Cudell Recreation Center he was able to confirm the following:
•
•
•
•
•
•
•
•
•
•

He arrives on scene at 15:36:59hrs.
At 15:37hrs he asks officer if this was an officer involved shooting, proceeds to call union
He remembers an FBI agent, that he just met the day before at bank robbery on scene
Kitko thought the shot male appeared to be 19 or 20 years old
He has been on around 3 Use of Deadly Force Scenes
At 15:41.21hrs. a gentleman was screaming and came under the crime scene tape
Male was screaming that his brother was shot and that he, was going to go see him. The male balled up
his fists, stated he was coming in, at which time he was taken into custody and placed in a zone car
He recalls another person, in the back of another zone car yelling and screaming
The mother arrived on scene and started yelling and stating she was going to sue everyone
The mother never asked about the shot male

At 15:42hrs. Officer Loehmann is seated in his zone car, Sgt. Rutherford is present. Kitko is shown an
overhead picture of the scene; he drew the location of the body and the simulated weapon. The weapon was on
the right of his body close to his right hand.
Sgt. Rutherford approached the mother while she was yelling and screaming and talked to her. Sgt.
Rutherford was the only sergeant in the district that day. Their district is divided into sector 1 and sector 2;
usually you have a boss for each sector, she was running both sectors. At 16:00 hours the video tape ends, no
additional information obtained.
Please refer to DVD copy of this interview for additional clarification and needs.

Respectfully submitted for your review,

Homer Allen #225

CPD Kitko Summary

 CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15-00004

Detective David Jacobs #211

TO

05/28/2015

Sergeant Eugene Sharpe

Interview of CPO Ken Zverina
File

Ken ZVERINA, Cleveland Police Department (CPO), Badge #2437, Patrol Officer, First District, "B"
Platoon. On May 28th, 2015 ZVERINA was interviewed by Detectives James Mackey and David Jacobs at the
Cuyahoga County Sheriffs Office. ZVERINA was advised of the identities of the interviewing Detectives and the
purpose of the interview. ZVERINA thereafter provided the following information regarding the investigation of the
CPO Use of Deadly Force incident which took place at the Cudell Recreation Center (CRC), 1910 West Boulevard,
Cleveland , Ohio on November 22nd, 2014 at approximately 3:30pm .
Present for the interview; Attorney Marisa Serrat, Cleveland Police Patrolman's Association (CPPA)
Union Representatives William Gonzalez and Thomas Lascko.
ZVERINA has been employed as a CPO Patrol Officer for approximately three and one half (3 Y2) years
and has been assigned to the First District his entire career. On November 22nd, 2014, ZVERINA was assigned to
Zone Six (6} and was working "B" Platoon (1430 hours to 2230 hours.) ZVERINA was partnered with Officer Ricardo
Roman and their respective call sign was 1A26; Roman was driving and ZVERINA was the passenger.
At approximately 15:20 hours, ZVERI NA and Roman were clearing a domestic violence call near West

16Qth and Lorain Avenue, Cleveland, Ohio. District One (1) dispatch was calling any available cars to respond to the
CRC for a "man with a gun." CPO Unit 115A, call sign 1A25 (Loehmann and Garmback} responded that they were
nearby and would respond. ZVERINA and Roman responded shortly thereafter stating that they would also respond.
While en route to the CRC, Garmback transmits "shots fired send EMS." ZVERINA and Roman continue
to the CRC. ZVERINA parked in the south area of the parking lot facing east. ZVERINA exited his patrol car and
noticed Detective Lentz (CPO) and an unknown male (UM} later identified as an FBI Agent near the suspect. The
FBI Agent asked ZVERINA if he had any medical equipment to use, with which he responded "no." The suspect was
lying on the pavilion floor with his head to the south and legs to the north. ZVERINA did not hear the suspect talking,
but thought he was breathing.
ZVERINA noticed a "full frame, black semi-auto" just to the north of the suspect on the grass. ZVERINA
described the suspect, who was lying on the ground as follows; 18- 20 years of age, 6'0", 200 pounds. ZVERINA
never had any conversations with Officer Garmback but did have a conversation with Officer Loehmann. Officer
Loehmann was complaining of ankle pain. Initially, ZVERINA was unaware of who had fired their weapon, but did
learn shortly thereafter. ZVERINA was also unaware of anyone in the backseat of CPO marked unit 115A.
ZVERINA was tasked with setting up a perimeter to protect the crime scene at which time he
encountered what he described as an angry "large black male," coming from the direction of Madison Avenue. The
male disregarded the crime scene tape and entered the crime scene. ZVERINA observed the large black male;
"blade his stance and tense up his body." The male was then placed into a zone car parked nearby. Shortly after this
incident, ZVERINA encountered a black female walk up from the same direction claiming to be the mother of the
person who was shot. ZVERINA obtained permission from Sergeant Janell Rutherford to have the mother ride in the
EMS truck with her son.
Respectfully Submitted,
Detective David Jacobs

CPO Zverina interview

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM
SUBJECT
COPIES TO

15-00004

James Mackey, Detective

DATE

TO

5/28/ 15

Sgt. Sharpe

Interview of Cleveland Police Detective Dan Lentz
File

Summary
On Thursday May 28, 2015 Detective Allen and I (Detective Mackey), interviewed Cleveland Police Detective Daniel
Lentz. The interview centered on his involvement and observations after responding to 1910 West Boulevard
(Cudell Recreation Center), Cleveland OH 44102 on Saturday November 22, 2014 to assist for, a ushots fired"
broadcast over the radio.

Details
On Thursday May 28, 2015 Detective Allen and I met with Detective Daniel Lentz, a Cleveland Police First District
Detective at the Cuyahoga County Sheriff Detective Bureau, 1215 W. 3rd St., Cleveland OH 44113. Also present
were Cleveland Police Patrolmen's Association Attorney (CPPA) Marisa Serrat, CCPA Attorney Henry Hilow and
CPPA Union 2"d Vice President Thomas Lascko. Detective Lentz was meeting with us to give a volun1ary statement
regarding his involvement and observations on November 22, 2014 after responding to 1910 West Boulevard,
Cleveland Ohio for a shots fired call broadcasted over Cleveland Police radio.
This interview. was audio and video recorded.
Detective Lentz has been with the Cleveland Division of Police since 1997. In the nearly eighteen (18) years of
service he has served in several assignments to include basic patrol in three (3) districts. strike force, vice and
detective bureau. He has prior service in the United States Marine Corps and has also taught classes as a Carry
Concealed Weapons (CCW} instructor. Currently, Detective Lentz is assigned to the First District Detective Bureau
General Division/ Major Crimes.
On Saturday November 22, 2014 Detective Lentz was accompanied by Federal Bureau of Investigation (FBI),
Special Agent (SA)
The two were in the area of W . 117th and Berea conducting follow up investigation
for an unrelated bank robbery that occurred the day prior. Det. Lentz heard a radio transmission for "shots fired. "
After hearing the radio transmission, Det. Lentz and S A . drove to Cudell Recreation Center and once there he
explained:
"We didn't know what we were approaching. I j ust know there was a call for shots fired. 1 didn 't know
if it was an active shooter. I didn 't know if the officers had been shot or if the officers shot someone
else, or just shots fired in general".

 C/S-35

CUYAHOGA COUNTY SHERIFF'S OFFICE

Upon the two arriving on scene, SA. exited the car and went in the direction of the officers. Det. L•entz was met
by an officer he didn't know at the time but was later identified as Officer Timothy Loehmann. Officer Loehmann
appeared injured and was limping. Det. Lentz expressed concern for his injuries; unsure if he was shot. He learned
that he was not shot, but his ankle was twisted as he exited his vehicle.
Det. Lentz went over to where SA. was addressing the medical concerns of the male on the ground. He noted
that Officer Garmback was also rendering aid assisting SA. Det. Lentz initially thought the male was deceased;
noting that he was motionless and gray. Det. Lentz further described the area around male, indicating, there was a
weapon and magazine in the general vicinity estimating it was within twenty (20) feet of the subject. Det. Lentz
looked at the gun. and said the magazine was separate from the weapon. He described the weapon similar in
nature to a Colt 1911. He said after a second look at the magazine he noticed a green ball. It was at that point he
realized that at least the magazine and ammunition was not real. Referring to his vast experience and knowledge
with firearms he said the weapon looked a thousand percent (1 000%) real.
He noted that at one point there was a disturbance with a male who was detained after crossing the crime scene
tape and took a fighting stance with officers. The male was placed in the back of a zone car and it wa:s later learned
that he was the brother of the shot male. Det. Lentz did make contact with the male while in the back of the zone
car but the contact was cut off after the male spit in the face of Det. Lentz and became out of control.
He also had several interactions with a female in the back of the original responding zone car who was detained
prior to his arrival. He learned through his interaction with her that the shot male was her twelve ( 12) ~tear old
brother. He had trouble processing that because his initial impression was that the male was substan1tially older,
estimating seventeen (17) or eighteen (18) years old. Initially, the female was very excited but did eve!ntually calm
down to the point where Det. Lentz asked for and received permission from the supervisor to remove t:he handcuffs
from the female.
Det. Lentz was shown an overview of the scene and he marked the location of the male subject just e;3st of the
responding patrol car and just west of the gazebo. He marked the approximate location with an "X" and a circle
around the "X". He said the males head was to the south and his feet to the north. Marking "H" for head and "F" for
feet. He also marked the approximate location of the gun and magazine with two (2) smaller "x" northcaast of the "F'.
He marked the page with "#1 ", dated "5/28/ 15" and initialed "DJL" by Det. Lentz. He was shown a second photo that
was a Cleveland Police crime scene photo depicting the replica gun. Det. Lentz noted that the photo resembled the
gun he saw that day and that he was unable to distinguish the gun in the picture from a real or replica weapon. He
marked the photo shown to him with the "#2", date "5/28/ 15" and initials "DJLn.
He was shown a portion of the video surveillance footage from camera 11000100.exe, taken from Cuclell Recreation
Center. Watching the video, Det. Lentz was able to place some of the actions taken by him in sequence. For further
please refer to recorded interview.
For a more detailed account of the interview please refer to the video interview.

IllIIlS/IIIII/
James Mackey, Detective

 CJS.J5

CUYAHOGA COUNTY SHERIFF'S OFFICE
FILE NO.

FROM

SUBJECT
COPIES TO

DATE

15·00004

James Mackey, Detective

TO

4/24/1 5

Sgt. Sharpe

Detective Lentz and Dispatcher Hollinger Interview for 4/24/15 Postponed
File

In relation to investigation 15-00004, interviews were scheduled with Det. Lentz as well as Dispatcher Hollinger
today (Wednesday April24, 2015) at 9:00am. At 8:46am on Wednesday April 24, 20151 received a call from CPPA
Attorney Keith Wolgumuth informing me that Dispatcher Hollinger would be unable to meet with us for an interview
today because of a personal conflict that came up. Her interview was rescheduled for Wednesday April 29, 2015 at
9:30am at the Cuyahoga County Sheriff Detective Bureau.
Wolgumuth further informed me that talks were in progress with the Cuyahoga County Prosecutors Office in regards
to Det. Lentz and the current climate. I spoke with CPPA President Loomis and he confirmed that the interview
would have to be rescheduled after talks with the Prosecutors Office. Det. Allen will follow up with Loomis in regards
to scheduling another interview.

Ill//lSI/IIIll
James Mackey, Detective