CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern...

9
CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERN OFFENSE: DATE: 09/15/16 TIME: 1:33 P.M. (The following may contain unintelligible or misunderstood words due to the recording quality.) Q. This is a statement taken from Officer Timothy McGovern at Sunrise Police Headquarters today, September 15, 2016, at 1:33 p.m., by Lieutenant Bill Glennon, who is a member of the Sunrise Police Department. Also present is Deputy Chief Gerald Eddy. I, Lieutenant Bill Glennon, am a duly certified law enforcement officer in the state of Florida, and as such I'm empowered to administer oaths. Please raise your right hand. Do you solemnly swear that the statement you're about to give is the truth, the whole truth, and nothing but the truth, so help you God? A. Yes. Q. Do you understand that giving false testimony under oath is a crime? A. Yes. Q. Please state your full name, business address. A. Detective Timothy McGovern. Sunrise Police Department, 10440 West Oakland Park Boulevard in Sunrise Florida. Q. Okay. I'm now going to turn the questioning over to Deputy Chief Gerald Eddy. EDDY: Detective McGovern, did you attend the City of Sunrise employee appreciation dinner on August 26th, 2016? Yes, I did. American High-Tech Transcription and Reporting, Inc.

Transcript of CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern...

Page 1: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERN OFFENSE: DATE: 09/15/16 TIME: 1:33 P.M.

(The following may contain unintelligible or misunderstood words due to the recording quality.)

Q. This is a statement taken from Officer Timothy McGovern at Sunrise Police

Headquarters today, September 15, 2016, at 1:33 p.m., by Lieutenant Bill

Glennon, who is a member of the Sunrise Police Department. Also present is

Deputy Chief Gerald Eddy. I, Lieutenant Bill Glennon, am a duly certified law

enforcement officer in the state of Florida, and as such I'm empowered to

administer oaths. Please raise your right hand. Do you solemnly swear that the

statement you're about to give is the truth, the whole truth, and nothing but the

truth, so help you God?

A. Yes.

Q. Do you understand that giving false testimony under oath is a crime?

A. Yes.

Q. Please state your full name, business address.

A. Detective Timothy McGovern. Sunrise Police Department, 10440 West Oakland

Park Boulevard in Sunrise Florida.

Q. Okay. I'm now going to turn the questioning over to Deputy Chief Gerald Eddy.

EDDY: Detective McGovern, did you attend the City of Sunrise employee

appreciation dinner on August 26th, 2016?

Yes, I did.

American High-Tech Transcription and Reporting, Inc.

Page 2: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 2

EDDY: Okay. Urn, while you were there did you have the -- an -- an occasion to

interact with Sergeant Roger Krege?

A. Yes, I did.

EDDY: At what point of the evening did that -- did that occur?

A. Uh, I would say approximately, roughly, towards the end.

EDDY: Okay. And you're -- you're now referring to an incident that occurred at

the -- end of the evening?

A. Yes.

EDDY: Okay. Could you describe what you saw and how you were involved in

that incident?

A. Yes, I can. Urn, as I was, uh, preparing to leave the event, uh, I was approached

by a Detective William Gordon. And he basically advised me that we were

instructed by, urn, a supervisor or Mayor Ryan; I can't remember exactly who to

ensure that, uh, Sergeant Krege did not drive home. So, uh, at that point, I was

in the lobby. I was -- I believe who was present was Detective, uh -- Sergeant

Gordon, now, urn, his wife, uh, a crime scene technician named Sevie, her

husband, and Sergeant Krege.

EDDY: Okay. When you approached Sergeant Krege what transpired?

A. Urn, he appeared to be intoxicated to the point where he was not physically able

to drive. At that point I believe, uh, Sergeant Gordon was trying to get him to sit

down in the lobby while we arranged for him to get a ride home.

EDDY: Okay. And how was his demeanor?

American High-Tech Transcription and Reporting, Inc.

Page 3: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 3

A. Uh, I would say very, very, sporadic. It went from confrontational to, uh -- to

friendly, to aggressive, uh, very -- just unorthodox. And, uh, at one point he was

friendly with me and then didn't wanna deal with Sergeant Gordon. Then it would

flip flop, it was the opposite, uh, and then it was just pretty -- pretty much random

from, urn, that point on.

EDDY: Okay. And what kind of statements, if -- if any, were -- were he making at

this time -- was he making at this time?

A. Uh, I think he was basically -- when I -- when I attempted to reason with

Sergeant Krege, he basically said, uh, "Tim, I like you. I don't like Will." Urn, at

which point I said, "All right." I said, "Can -- we're trying to help you, Sarge, get

you a ride home if you, you know -- if you let us." And he's basically saying, "All

right. That's fine." And then -- then he would flip flop it and say, "Tim, have a

good night. Thank you." You know? And then I would walk -- I would step away

just to keep our distance. And, uh -- and then at the point he would say, "You're

not leaving, like you need to leave." And -- and, you know, at which point we

didn't leave.

Um, so basically we -- we stayed there in the lobby and -- going back and

forth for some time. Urn, I believe at another point, he got confrontational with

Sevie's husband. I believe at one point he did not wanna be helped by him or

deal with him either. Urn, I think he some profanities and, urn, some threatening

gestures that he needed to leave. And that, uh, you know, he didn't -- he didn't

like him and things of that nature. And that, urn -- and that he was fine and he --

and he didn't need any help.

American High-Tech Transcription and Reporting, Inc.

Page 4: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 4

EDDY: So it would be safe to say, you would categorize his behavior as heavily

intoxicated, irrational?

A. Yes, definitely.

EDDY: Okay. Did you witness any interaction between Sergeant Krege and

Sevie Smigelski?

A. Uh, yes. I believe they were -- they were trying to help. I left briefly, for a couple

of minutes, 'cause I was there with my girlfriend and I was trying to advise her

that I needed to help with -- with the sergeant. So when I came back they were

going back and forth again and I believe that -- that he was basically he was

turning confrontational with Sevie and the husband once again, saying that he

didn't need their help. And, um, then Sergeant Gordon's wife was basically

asking me for help to continue to help to ensure that he didn't get violent. Urn, at

that point I came back over again and then we -- we tried to give him help again,

still inside the lobby at that point.

EDDY: At -- at any time did you see him make physical contact with Sevie or

anyone else?

A. I had peripheral vision. I know the -- Sergeant Gordon did advise me that --

apparently that he pushed her. I caught the -- the tail end of it. I think it was, urn,

sort of like they were trying to help him, like, sit down and he was -- basically I

think he pushed her away or -- and the husband, basically saying, "Don't touch

me. Get away from me." in like a -- kind of like an aggressive manner. So I -- I

did witness, uh, the tail end of that -- that, uh, incident.

EDDY: Okay. Ultimately, urn, how did Sergeant Krege leave the party?

American High-Tech Transcription and Reporting, Inc.

Page 5: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 5

A. Urn, we eventually -- we left out in -- in the parking lot. At which point myself and

Sergeant Gordon were still present, uh, trying to keep him calm and not let the

situation escalate. Uh, his behavior, once again, was sporadic. He kept

becoming, uh, aggressive, then friendly, back and forth. Urn, and then

eventually, uh, Sergeant Allen pulled up and gave him a ride home to my

knowledge.

EDDY: Sergeant Stephen Allen?

A. Yes, sir.

EDDY: Is there anything else you can think of that you'd like to add to what

happened that night that I maybe haven't touched on?

A. That was the -- I think the extent. Urn, I believe he -- he made contact with a

couple other people inside the event that I did not witness. And, urn, from there --

but --

EDDY: Did you actually personally witness him drinking alcoholic beverages at

any time during the night?

A. Yes.

EDDY: Okay. And did you see him at any other time in the night acting in an

inappropriate manner?

A. Uh, I think the first time I -- I realized that, uh, he seemed a little bit off was when

we were inside. I believe I was there with, urn, Commissioner Donald Rosen and,

uh, Joey Scuotto. And I -- I saw him consume drink at which point his eyes

appeared really wide and very -- just like disoriented. And I asked him if he was

all right. And he kind of didn't really react to my question. He was just saying, like

American High-Tech Transcription and Reporting, Inc.

Page 6: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 6

-- like -- like, "Don't worry about it," or something "Like, I'm fine." So I didn't know

if anything had took place.

I know I asked him earlier in that evening if his wife was there. He said,

"No." Um, so I didn't -- well, I don't get in his personal business. I don't know if

anything was wrong. But then I didn't see him 'til the end of the night. And that's

when I saw him when the behavior changed. And, urn, then I -- then I could tell

he was physically intoxicated, he wasn't joking around. And it was -- it was, urn --

it was physical disorientation from, uh, alcohol, I believe.

EDDY: In your professional opinion having dealt with these types of situations

through your -- through your working as a detective, urn, working in Street

Crimes, do you think it's possible that he was under the influence of anything

besides alcohol?

A. Definitely possible.

EDDY: And why would you say that?

A. Urn, just -- just the -- the fact that eyes, again, were extremely wide, urn, and his

pupils were dilated. And he just seemed very -- it just seemed more odd,

strange, behavior just from any person had just from a couple of drinks. So that's

what led me to believe.

EDDY: Are you aware of who, urn, Carla Gomez is?

A. Carlo Gomez?

EDDY: Carla Gomez.

A. Carla Gomez, no, sir.

EDDY: She's our H.R. Director. You don't know who she is?

American High-Tech Transcription and Reporting, Inc.

Page 7: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7

A. No, sir.

EDDY: Okay. Urn, Bill do you have anything you'd like to add?

Q. Did you -- other than Sevie, did you see him come in physical contact with

anybody else, male or female?

A. I think it was a combination of Sevie's husband and her. They were both kind of

grabbing, I think at that point that's when he shoved them.

Q. Okay.

A. Uh, to get away. Basically saying like, "Get away from me. Don't touch me. I

don't want your help."

Q. Okay. Uh, nothing further.

EDDY: Okay. Would you like to add anything?

A. No. That'll be all.

EDDY: Okay.

Q. Okay. Has everything you said been true and correct to best of your knowledge?

A. Yes.

Q. Have any threats or promises been made to you by me or anyone else for your

statement?

A. No.

Q. Did you give the statement on your own free will?

A. Yes.

Q. This concludes the statement taken from, and for the record, it's Detective

Timothy McGovern; Today September 15th, 2016 at 1:40 p.m.

American High-Tech Transcription and Reporting, Inc.

Page 8: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 8

(CONCLUSION OF INTERVIEW)

Transcribed by: Idc/Idc/alw

American High-Tech Transcription and Reporting, Inc.

Page 9: CASE: 16-09-01 - OFFICER TIMOTHY MCGOVERNmedia.local10.com/document_dev/2017/03/01/Timothy McGovern sworn statement...16-09-01 - OFFICER TIMOTHY MCGOVERN Page No. 7 A. No, sir. EDDY:

r&r,

SUNRISE POLICE DEPARTMENT John E. Brooks

Chief of Police

10440 W. Oakland Park Blvd Sunrise, Florida 33351

(954) 746-3600

Florida State Statute 112.532(3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS.

Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of person, or organization or corporation, or the head of such organization of corporation, for damages, either pecuniary or otherwise suffered during the performance of the officer's official duties or for abridgement of the officer's civil rights arising out of the officer's performance of official duties.

Florida State Statute 112.533 (4) DISCLOSURE OF INTERNAL AFFAIRS COMPLAINTS

*Simrise Police Employees are also prohibited from Disclosure of Internal Affairs Complaints per Departmental Policy 33.6.5.3

Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency's investigation, including but not limited to the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of any agency, before such complaint document, action or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s 775.082 or s 775.083.

Florida State Statute 775.082 (40) (a) PENALTIES

For a misdemeanor of the first degree, by a definite term imprisonment not exceeding 1 year.

Florida State Statue 775.083. (1) (d) FINES

$1,000 when the conviction is of a misdemeanor of the first degree.

Florida State Statute 837.02 PERJURY 1N AN OFFICIAL PROCEEDING

1. Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding, in regard to any material matter, commits a felony of the third degree, punishable as provided ins 775.082, 775.083 or 775.084.

2. Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his or her statement was not material is not a defense.

I have read ved an additional copy of F.S.S. 112.532 (3) and F.S.S. 1125334)

Date Al /CIIV

Witness Date

SPD/ADMIN: Effective 1-1-00, Revised 06-13-12