INCIDENT/INVESTIGATION Boca Raton Police Department …Boca Raton Police Department 2014-013614 FL...

Arrest

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CODES: V- Victim (Denote V2, V3) O = Owner (if other than victim) R = Reporting Person (if other than victim)Type:

Code Name (Last, First, Middle) SexRaceDOBVictim ofCrime #

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("OJ" = Recovered for Other Jurisdiction)VI# Code

StatusOJ QTY Property Description Make/Model Serial Number

Boca Raton Police Department 2014-013614

FL 050020010/16/2014 20:54

Aggravated AssaultAGA

10/16/2014 20:54

10/16/2014174 E Camino Real, Boca Raton FL 33432-HANDGUN

2

CLARK, JAMES P1, W M

100 NW 2ND AVE , Boca Raton, FL 33432- 561-338-1234

V2LOPATO, HERBERT

1,08/24/1942

72 W M

4624 Lucille Dr Lake Worth, FL 33463 917-658-5978

SBLOPATO, HERBERT

4624 Lucille Dr Lake Worth, FL 33463

08/24/194272 W M

917-658-5978

HANLEY, S. D. (FS, PER) (611) MEYER, S. P. (FS, PER) (528)

I

CN

IDENT

D

TA

A

VICTI

M

OTHERS

INVOLVED

PROPERTY

Status Cleared By Arrest11/25/2014 11/25/2014

Not Applicable

Com

Printed By: MDUGGAN, DUGGAN1 12/15/2014 12:39:21

Thu

20:54 Thu

INDIVIDUAL (NOT A LE OFFICER)

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31

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Officer/ID# CLARK, J. P. (FS, B4) (707)

INCIDENT/INVESTIGATIONREPORT

Sys#: 643392

Thu

Activity

Activity

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Last Known Secure

L = Lost S = Stolen R = Recovered D = Damaged Z = Seized B = Burned C = Counterfeit / Forged F = Found

Mobile Phone

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Injury: Not Applicable

Injury:

Domestic: N

OCA: 2014-013614Incident Report Additional Name List

Boca Raton Police Department

Additional Name List

NameCode/# Name (Last, First, Middle) SexRaceDOBVictim ofCrime # Age

1Address

B:

H:

Empl/Addr

SB PICKRELL, KIMBERLY 08/03/1970 44 W F3813 Coconut Rd Apt. 1, Palm Springs, FL 33461- 561- -

2)

Mobile #: 561-275-3809

2Address

B:

H:

Empl/Addr

WF SIMMONS, MARK TERRELL 10/11/1987 27 B MAT LARGE ,

1)

Mobile #:

R_CS7NC Printed By: MDUGGAN, DUGGAN1 12/15/2014 12:39

Case#

Assisting Officers

StatusCodes

Status Quantity Type Measure Suspected Type

2014-013614

DRUGS

INCIDENT / INVESTIGATION REPORT

Suspect Hate / Bias Motivated:


None (No bias)

By: MDUGGAN, DUGGAN1 12/15/2014

Up to 3 types of activityUCR

L = Lost S = Stolen R = Recovered D = Damaged Z = Seized B = Burned C = Counterfeit / Forged F = Found

Video

Narr. (cont.) OCA: 2014-013614 Page 3INCIDENT/INVESTIGATION REPORT

Boca Raton Police DepartmentN A R R A T I V E

OCA2014-013614Boca Raton Police Department

Date / Time Reported

Thu 10/16/2014 20:54OffenseVictim

CLARK, JAMES P AGGRAVATED ASSAULT

REPORTING OFFICER NARRATIVE

On 10/16/2014 at 2054 hours, I was on routine patrol in the area of S Federal Highway and Palmetto Park Rd. I wasstopped in the inside lane to go south on South Federal Highway when I ran the tag of the vehicle in front of me, awhite Honda sedan bearing FL tag 430 PXI. I received a NCIC/FCIC hit on the vehicle as being stolen out of PalmBeach County on 10/13/2014.

I radioed dispatch that I was behind a possible stolen vehicle, and provided our location. As we continued south onFederal Highway, I proceeded to inform dispatch that I would be initiating a traffic stop on the vehicle in the area ofSouth Federal Highway and East Camino Real.

I exited my vehicle, marked unit #333, and approached the driver side with my sidearm drawn. As I approached, Iwas issuing verbal commands to the driver to let me see his hands. I could see the driver, a medium skin toned Latinor African American male (aged approximately mid twenties to early thirties) was not complying. His left hand waspositioned at the approximate two o` clock position on the steering wheel, and his right hand quickly darted to theright side of the driver seat, reaching in the space between the driver seat and the center console. His movements withhis right hand and the speed at which he stuck it into that space led me to believe he was reaching for an object. Based upon my training and experience, I believed it to be a weapon. I grabbed the door handle and attempted toopen the door, however, it was locked. I then attempted to break the glass of the window with the butt of my weapon,but was unsuccessful. I could see the suspect still attempting to "yank" what I believed to be a weapon from the sideof the driver seat.

He began driving off as I was still attempting to gain entry and while I was standing next to and in contact with thevehicle, causing me an immediate fear that I would be struck and possibly severely injured (based on his handpositioning on the steering wheel) and or by his continued attempts to retrieve an object, possibly a firearm orweapon, from the space between the driver seat and center console.

Fearing for my safety, I fired my weapon at the driver in an attempt to stop the threat.

CLARK, J. P.Reporting Officer: Printed By: MDUGGAN, DUGGAN1 12/15/2014 12:39

OCA: 2014-013614

Incident Report Suspect ListBoca Raton Police Department

Name (Last, First, Middle)

Sex

Home Address

RaceDOB.

SIMMONS, MARK TERRELLAT LARGE

Age

Business Address

Scars, Marks, Tattoos, or other distinguishing features

Also Known As

Weapon, Type Dir of TravelMode of Travel

VehYr/Make/Model Style Color Lic/St VIN

10/11/1987 27 B M

Physical CharNotes

Feature Make Model Color Caliber

1

Drs

Reported Suspect Detail SexRace Height WeightSuspect Age

Hgt

507Wgt

190

SSN

Hair

BLAEye

BRODriver's License / State.

S552558873710 FLEth Skin

MED

Eth

Name (Last, First, Middle)

Sex

Home Address

RaceDOB.

SIMMONS, MARK TERRELLAT LARGE

Age

Business Address

Scars, Marks, Tattoos, or other distinguishing features

Also Known As

Weapon, Type Dir of TravelMode of Travel

VehYr/Make/Model Style Color Lic/St VIN

10/11/1987 27 B M

Physical CharNotes

Feature Make Model Color Caliber

2

Drs

Reported Suspect Detail SexRace Height WeightSuspect Age

Hgt

507Wgt

190

SSN

Hair

BLAEye

BRODriver's License / State.

S552558873710 FLEth Skin

MED

Eth

R_CS8IBR Printed By: MDUGGAN, DUGGAN1 12/15/2014 12:39

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CASE SUPPLEMENTAL REPORT


THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY

Case Status: ARREST Case Mng Status: CLEARED BY ARREST

Printed: 12/15/2014 12:39

Offense: AGGRAVATED ASSAULT

Occurred: 10/16/2014

Reference:Contact: Follow Up

Date / Time:GLASS, A. M. (681)Investigator: 10/17/2014 00:33:12, Friday

Supervisor Review Date / Time:ADAMS, R. G. (599)Supervisor: 10/17/2014 04:26:58, Friday

On Thursday October 16, 2014 at 20:54 hours, I responded with lights and sirens as a backup officer to Officer Clark#707 after Officer Clark reported shots fired and a vehicle pursuit over the radio. It was reported over the radio that thesuspect vehicle was heading south on S Ocean Boulevard and the driver bailed out of the vehicle in Deerfield Beach,Florida. I took a perimeter post at 500 S Ocean Boulevard in Deerfield Beach, Florida and maintained that post until theperimeter was called off at 00:25 hours on October 17, 2014. I had not other involvement in this case.

Investigator Signature Supervisor Signature

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Reference:Contact: Report Request

Date / Time:KILCOYNE, W. D. (697)Investigator: 10/17/2014 00:52:51, Friday

Supervisor Review Date / Time:SOMMER, L. S. (604)Supervisor: 10/17/2014 02:11:07, Friday

On 10/16/14 at approximately 2054 hours I responded to the area of 174 E Camino Real in reference to a report of astolen vehicle traffic stop which was conducted by BRPD OFC Clark. While en-route OFC Clark stated that the vehiclefled east bound on E Camino Real and south bound on A1A into Deerfield Beach.

BRPD officers found the abandoned stolen vehicle (2010 white Honda bearing Florida tag 430PXI) in the area of SE2nd ST and SE 21st Ave in Deerfield Beach. A perimeter was established and I took up a post at the intersection of SE19th AVE and SE 5th ST. I remained at my post until the perimeter was ended.


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Date / Time:CRAWFORD, A. (683)Investigator: 10/17/2014 00:57:59, Friday


On 10/16/14, at approximately 2056 hours, I responded to the area of 500 S Ocean Drive in Deerfield Beach referencethis case. Upon my arrival, I met with Sergeant`s Adams and Sommer and Officer Clark. I stood by with Officer Clarkand Sergeant Adams until Sergeant Adams directed me to take up a perimeter spot with Officer Glass at the 500 blockof S Ocean Drive in Deerfield Beach. At approximately 2150 hours, with updated information received from theBroward Sheriff`s Office (BSO) that the suspect could possibly be on the beach in the 900 block. I moved from myperimeter spot southbound to the 900 block with Officer Glass staying at the original spot.

At approximately 2209 hours, further information was relayed by Detective Mazer that BSO was possibly chasingthe suspect northbound now on foot in the 600 block of S Ocean Drive. I followed back up to meet up with OfficerGlass and could not find any BSO deputy or suspect in a foot pursuit. I then followed Sergeant Adams to the area of SE8th Street and SE 19th Avenue where he told me to take up a perimeter spot midway up the roadway. I took up aperimeter spot in front of 725 SE 19th Avenue until I was told to meet up with Marine 3 (Officer Adrian) atapproximately 2225 hours.

At approximately 2250 hours, Officer Adrian and I responded on the boat to the scene in Deerfield Beach from theSpanish River Park marina. Once on scene at approximately 2300 hours, Officer Adrian and I checked the intra coastalwaterway southbound south of Hillsboro Boulevard along the western seawall. We also checked the first adjoiningcanal south of the location. We returned back to the original area at approximately 2308 hours, when Officer Greenrequested a marine unit to check the shallow water under the docks of the original location along the western wall. Wechecked that area and did not locate anyone. We then checked southbound along the eastern seawall of the intra coastalwaterway and were unable to locate anyone. We then stood by at the south end of the adjusted perimeter until told tobreak the perimeter at approximately 0025 hours. This ends my involvement in this case.

Nothing further.


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Reference:Contact: Case Merge

Date / Time:BURKE, Z. D. (749)Investigator: 10/17/2014 01:13:57, Friday


On 10/16/2014 at approximately 2055 hrs I responded to the area of the 174 East Camino Real in reference to a shotsfired call by Officer Clark.

I left the area of 3100 S. Dixie Boca Raton, FL and proceed toward the area of the shots fired with my lights and sirensactivated. Ofc. Clark advised that the vehicle fled east on Camino Real and then south on S. Ocean Blvd. I continuedon East Camino and then proceeded to head South on South Federal Hwy, at which point I was flagged down Sgt.Paparella of the Broward County Sheriffs Office. At this time, I told Sgt. Paparella of the incident that occurred andthat the suspect was fleeing south bound into Broward County.

At this time, I drove to the 400 block of S. Ocean Drive in Deerfield Beach, FL and held a perimeter spot.

At approximately 2215hrs, I took another perimeter spot at the 400 block of SE 18th St. Once the perimeter wasremoved, that concluded my involvement in the case.


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Reference:Contact: Case Merge

Date / Time:GREEN, K. J. (735)Investigator: 10/17/2014 01:19:57, Friday

Supervisor Review Date / Time:RODRIGUEZ, M. A. (535)Supervisor: 10/17/2014 20:48:47, Friday

At approximately 2100hrs on 10/16/2014 I responded to a call for assistance in regards to a stolen vehicle that Ofc.Clark pulled over in the area of 174 E Camino Blvd. By the time I arrived to the general area the vehicle had beenpursued into Broward Sherriff`s jurisdiction.

I arrived in the area of 600 Ocean Blvd in Deerfield Beach where the suspect vehicle had stopped and the driver ranaway from the vehicle. At this time a perimeter was being established with our units and BSO. I patrolled the generalarea for an undetermined amount of time and then linked up with Ofc. Mercer and Ofc. Van Camp near the 700 of SE21st Ave. We tracked with Mercer`s K-9 South then got a call on the radio that a BSO deputy saw the subject runningwest off of SE 19th Ave. Mercer, Van Camp, and I ran North to my car which was still parked in the 700 block of SE21st Ave and drove West to 400 Se 19th Ave. From there we went West to SE 18th Ave in proceeded to do a yardsearch heading South. After conducting the search through several back yards we met up with BSO and Boca Raton PDsupervisors and additional K-9 units in the area of 800 SE 19th Ave.

Information came in that the area the subject ran into lead to the intercoastals and that on the other side of the water acaller heard a loud noise and water splashing. I then got into a BSO vehicle and went over to the West side of theintercoastal to track with Ofc. Lyman and his K-9. We arrived in the area of 300 SE 17th Terrace and proceeded tocheck the docks and backyards of those homes. After searching for an unknown time frame we headed back to 800 SE19th Ave. From there Ofc. Lyman, Ofc. Wollschlager and I checked the apartments off of SE 18th Ave from about the700 block to roughly the 1000 block. After clearing the stairways, closets and backyards we heading back to 800 SE19th Ave.

Once we arrived back at the staging area we conducted a debrief and I headed back to the city.


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Date / Time:CAIRNS, B. J. (751)Investigator: 10/17/2014 01:47:22, Friday

Supervisor Review Date / Time:RODRIGUEZ, M. A. (535)Supervisor: 10/18/2014 04:44:01, Saturday

On 10/16/2014 at approximately 2057 hours I responded to the area of A1A and SE 3rd St in Deerfield Beach inreference to an aggravated assault on a law enforcement officer that occurred within our city, but led into BSO, BrowardSheriff`s Office, jurisdiction. I then held a perimeter spot at this location, until I was directed to go to 629 SE 19th Ave. While at 629 SE 19th Ave, I stood by until crime scene arrived to take pictures and collect two Nike shoes that werebelieved to be the suspects. After the shoes were collected by crime scene and pictures were taken, I had no furtherinvolvement in the case.


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Date / Time:PATTERSON, M. P. (614)Investigator: 10/17/2014 01:56:28, Friday

Supervisor Review Date / Time:SOMMER, L. S. (604)Supervisor: 10/17/2014 02:28:27, Friday

On October 16, 2014 at 2054 hours I responded to 800 South Federal Highway regarding a stolen vehicle located byOfficer Clark. While responding to the area he advised shots fired. I located the crime scene provided by Officer Clarkat 174 East Camino Real. The crime scene was secured and a crime scene log was documented. A spent shell casingwas located on the south side of the roadway by the bike lane.

Officer Patterson 2110-0130 hoursDispatcher Basalyga 2110-2240 hours (ride-along)Sergeant Sommer 2123-0130 hoursSergeant Rodriguez 2124-2129 hoursCrime Scene Technician Greer 2133-2230 hoursCaptain Scott 2301-2307 hoursSergeant Meyer 2301-2307 hoursCrime Scene Technician Katen 2311-0012 hoursInvestigator Harding 2338-0130 hoursLieutenant Wootton 0123-0126 hoursSergeant Romero 0124-0130 hours


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Date / Time:WOLLSCHLAGER, A. J. (730)Investigator: 10/17/2014 02:13:57, Friday


On 10/16/2014, at approximately 2056 hours, I responded Code 3 to back up Officer Clark on a traffic stop at 174 ECamino Real. I heard Officer Clark on the radio call out "shots fired" .

While responding to the area of the stop, the vehicle was fleeing E Camino Real and heading southbound on OceanDrive. Eventually the driver of the vehicle bailed out in Deerfield Beach at approximately 330 SE 21st Ave. Iresponded to the area of the bailout, along with numerous other Boca Raton Officers and Broward County SheriffsOffice Deputies.

In Deerfield, I attempted to locate the suspect, described as a possible hispanic or black younger male wearing a whiteshirt, khacki pants/shorts, and sneakers. I assisted K9 Officer Lyman in searching for the subject along SE 19th Aveand the Intracoastal Waterway. We cleared multiple apartment complexes and residential areas.

While searching for the suspect, I was contacted by Palm Beach County Sheriffs Office Deputy Rutherford, ID #8060. He was dispatched to make contact with the original victim of the automobile theft in Lake Worth. Deputy Rutherfordstated that the original victim identified B/M Mark T Simmons (FL DL #S-552-558-87-371-0) as the possible suspect. Officer Clark also identified Simmons as the suspect in this incident via his DAVID photo. I passed this informationalong to Sergeant Adams and a BOLO was sent out for Simmons.

At approximately 0145 hours, I cleared the scene in Deerfield and returned to Boca Raton.


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Date / Time:MERCER, S. P. (694)Investigator: 10/17/2014 02:34:02, Friday


Tracking/Stolen Vehicle bailout-355 Southeast 21st Avenue Deerfield Beach, 33411

Temp-72Wind-NE 4mphTerrain-black top, concrete, dirt, grass and sandDelay-approx.6 minutes

K9 Loki and I responded to a stolen vehicle bailout at 355 SE 21st Avenue Deerfield Beach. I arrived on scene at theintersection of Southeast 4th Street and South Ocean Way Deerfield beach. Previous to arrival I heard, over the radio,Ofc. Clark had stopped a stolen vehicle, which was a white Honda bearing FL-430PXI. Ofc. Clark advised shots firedover the radio and he had aggravated assault on a LEO for charges. I arrived to find the white Honda facing west boundat the intersection. Witnesses all pointed down the street and advised the suspect ran south down the middle of SouthOcean Way. Ofc. Van Camp and BSO canine came with me as back up officers along the track.

I gridded K9 Loki to the middle of the road where he located a track and we headed south. K9 Loki then pulled uswest along SE 7th Street to SE 20th Avenue (AIA). BSO advised a witness saw a possible suspect run into the buildingjust north of my location. However, I responded and discovered it was the building north of the stolen vehicle where Ihad started. I cleared the building. BSO then took up the track where I left off and I gridded the area of the beach fromthe 400 block south to the 1300 block. K9 Loki and I then gridded the houses on SE 18th Avenue from SE 4th Streetdown to SE 6th Street with negative results. We then left the area.


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Date / Time:BUCKHEIT, P. H. (648)Investigator: 10/17/2014 02:44:50, Friday


On 10-16-2014 at approximately 20:56 hours I responded as a backup Officer for Officer Clark who was in the processof conducting a traffic stop on a white 2010 Honda bearing Florida license plate 430PXI at 174 East Camino RealBoulevard. During the course of his traffic stop he stated there were shots fired.

I activated my emergency vehicle equipment (lights and siren) and proceed to his location. Officer Clark stated thesuspect vehicle fled the area and was traveling east on Camino Real Boulevard towards South Ocean Boulevard. Onceat South Ocean Boulevard the vehicle drove south into the city of Deerfield Beach.

I attempted to locate the suspect vehicle and eventually found it unoccupied in the area of 330 SE 21st Avenue in thecity of Deerfield Beach. Upon locating the vehicle I informed Boca Raton Police Dispatch of its location. I was flaggeddown by several people who stated a male wearing a white tee shirt, beige shorts and sneakers ran on foot southboundof the vehicles location.

Broward Sheriffs Deputies responded and set up a perimeter in attempt to locate the suspect.

I established and maintained a crime scene around the area of the vehicle.

The following is a list of Boca Raton Personal who entered and left the crime scene.

21:05hrs: I arrived at the vehicle and established crime scene and took down crime scene at 02:05hrs21:30hrs: Lt Wootton arrived and left at 01:21hrs22:36hrs: Crime Scene Technician Greer arrived and left at 01:05hrs22:50hrs: Chief Alexander arrived and left at 00:30hrs.23:00hrs: Assistant Chief Mindick arrived and left at 01:21hrs23:00hrs: Captain Fagan arrived and left at 23:45hrs 23:00hrs: Captain Scott arrived and left at 01:40hrs23:00hrs: Captain Dixon arrived and left at 23:45hrs 23:11hrs: Crime Scene Katen arrived and left at 01:45hrs23:30hrs: Sergeant Romero arrived and left at 00:45hrs23:30hrs: Sergeant Meyer arrived and left at 01:44hrs23:00hrs: Detective Hanley arrived and left at 01:40hrs00:56hrs: Officer Porter and left at 00:59hrs00:56hrs: Officer Shifflett arrived and left at 00:59hrs01:03hrs: Broward Sheriff`s Deputy Favitta arrived and left at 01:05hrs01:06hrs: Detective Kimsal arrived and left at 02:05hrs01:50hrs: Emerald Towing arrived and left at 02:05hrs and arrived at the Boca Raton Police department at 02:25hrsunder Detective Kimsal and my constant visual surveillance.


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Date / Time:SCHUSS, G. M. (725)Investigator: 10/17/2014 03:32:55, Friday


On 10/16/2014 at 2056 hours, I was en-route to the area of 800 S Federal Hwy to assist Officer Clark with a traffic stopon a stolen vehicle. I then responded to A1A in Deerfield Beach to assist with locating the driver that bailed from thevehicle. When I arrived on scene my assistance was not needed and I returned back to the city of Boca Raton. I hadnothing further to do with this case.


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Date / Time:LYMAN, S. P. (661)Investigator: 10/17/2014 03:48:12, Friday


14-13614 - Case Number (Call Out)2054 hours - Time of Call2212 hours - Dispatched/Called Out2239 hours - Arrived on scene 2251 hours - K9 Deployed0134 hours - Cleared Call 10/17/1499 - Minute Time Delay (approximately)

On 10/16/14 at 2212 hours, K9 Max and I were called out to assist BRPD officers with an officer involved shooting.Dispatch advised I needed to respond to Deerfield Beach to meet with officers who were at 400 SE 19th Ave. Uponarrival at 2239 hours, I met with Sgt. Adams, Ofc. Mercer, Ofc. Green, Ofc. Mazer and multiple BSO Deputies & aBSO K9 handler. Sgt. Adams advised that one of our officers was involved in a shooting during a traffic stop, a pursuitthen took place and the suspect fled on foot from the vehicle in Deerfield Beach. Sgt. Adams advised we had aggravatedassault on a LEO for charges. The suspect was described as: a light skin B/M, dark curly short hair, in 20-30 yoa, stockybuild, wearing a white shirt and khaki shorts.

I then spoke to K9 Ofc. Mercer and the BSO K9 unit that was on scene. While speaking to them we were advised thata resident at 474 SE 17th Ter., Deerfield Beach heard his fence gate closing and there was water on his dock. Ofc.Mazer, Ofc. Green, a BSO Deputy and I headed over to the above address because they thought that the suspectpossibly swam across the intercoastal. Upon arrival I deployed K9 Max and a BSO K9 Unit pointed out the residence.K9 Max and I then went to the rear of 474 SE 17th Ter. and began checking the backyards to the residences and boats.Max was showing a lot of interest in the docks behind 466, 474, & 482 SE 17th Ter. When K9 Max got to wear thewater was on the dock behind # 474 he immediately began pulling hard with a deep nose toward the south side of theresidence and right up to a metal gate. We then opened the gate and he continued tracking SW from the gate crossingSE 17th Ter and headed right towards a large banyan tree at the corner of SE 5th Ct & SE 17th Ter. As we weretracking towards the tree there were two BSO deputies walking around the area where we were tracking towards. K9Max began showing a lot of interest in the banyan tree and then after units checked it with lights we then continued totrack west bound on the north side of SE 5th Ct and lost the track in the roadway at SE 5th Ct & SE 17th Ave. We thenwent back and met up with the BSO K9 unit and advised him of what I did. The BSO K9 Unit advised that it wasapproximately 20 - 30 minutes from the time the resident called and when units arrived on scene and that the suspectwas possibly far outside the perimeter.

K9 Max and I then went back and met with Sgt. Adams. K9 Max and I then cleared all the floors, stairwells,maintenance rooms, parking lots, and anything else the suspect could possibly be hiding in on the following properties:Intracoastal House 629 SE 19th Ave and Penthouse 745 SE 19th Ave. Both properties were searched with negativeresults. K9 Max and I had no further involvement in this case and cleared the call at 0134 hours.


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Date / Time:ADRIAN, W. D. (548)Investigator: 10/17/2014 08:22:26, Friday

Supervisor Review Date / Time:LAWLOR, M. D. (592)Supervisor: 10/20/2014 15:43:59, Monday

On 10-16-2014, at approximately 2220 hours, I received a call from Sgt Buhr regarding a suspect that was involved in apolice shooting. The suspect fled the scene and headed southbound into Broward County, Deerfield Beach area. SgtBuhr requested that I respond to assist with locating the suspect.

I headed to the Police boat, where I met with Ofc Crawford, who was my backup on the boat for this call.

We arrived on scene in Deerfield Beach on the intracoastal waterway (ICW) about 1/4 of a mile south of the HillsboroBlvd Bridge. Lighthouse Point Police were already on scene and searching the waterway. Shortly after I arrived OfcAlma joined the search in his marked police boat.

We searched the west seawall and down a finger canal south and west of the search area. We also searched under thedocks and foliage along the east side of the ICW. We spent about two hours searching with no successful results toshare.

Nothing further this incident.


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Date / Time:MAZER, D. B. (684)Investigator: 10/17/2014 15:47:51, Friday

Supervisor Review Date / Time:MEYER, S. P. (528)Supervisor: 11/19/2014 13:59:10, Wednesday

On 10/16/14 at approximately 2100hrs I responded to the area of 174 E. Camino Real in reference to a back up for Ofc.Clark. Ofc. Clark on the radio conducted a traffic stop on a stolen car. Ofc. Clark stated that he fired his handgun at thevehicle and the suspect car committed an aggravated assault against him. The car fled east on Camino Real then southon S. Ocean Blvd into Deerfield Beach and crashed south of the pier and west of the ocean. The driver fled on footfrom the car.

I tracked with BSO K-9 Dep. Charles Young. In the area of 641 SE 19th Ave. BSO Dep. Chris Mattingly chased amale matching the description of our suspect on foot. Dep. Mattingly lost visual of the suspect as he ran to the rear ofthis condominium. In the north west corner of the condominium in the area of the pool we located a pair of grey Nikesneakers on the ground. These shoes were on the exact route the suspect was running and appeared to be just dropped. They were positioned on the ground in a manner like they came off in a hurry and were not placed. I observed dew onthe grass and pool patio chairs but I did not observe any on the shoes. Ofc. Cairns retrieved the shoes, see her report forfurther.

To the rear of the above condominium is the intracoastal waterway. It was believed the suspect jumped into theintracoastal and swam to the west side. A BSO deputy went to the west side of the intracoastal and inspected the docksof the homes. A dock across from the condominium on the west side of the intracoastal waterway was wet while theother docks were dry. The resident stated that they heard a loud noise like the side gate to their home was being closedin a hurry. It is believed the suspect may have swam across the water to this dock then ran to the west.


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NOT SUPERVISOR APPROVED


Date / Time:NEITZ, J. C. (A497)Investigator: 10/22/2014 14:28:04, Wednesday

Supervisor Review Date / Time:(0)Supervisor: NOT REVIEWED

LATENT PRINT REPORT

On 10/21/14, I performed the following fingerprint analysis.

EVIDENCE:

On 10/17/14, the Identification Section received the following evidence.

Submission one (1) from CST Cope (ID # A722), containing eleven (11) latent lift cards dated 10/17/14.

1. EXT FRONT D/S DOOR 2. EXT FRONT D/S DOOR 3. EXT REAR D/S DOOR 4. EXT FRONT P/S DOOR 5. EXT FRONT D/S WINDOW 6. EXT FRONT D/S WINDOW 7. EXT FRONT P/S WINDOW 8. INT P/S DOOR COLUMN 9. TRUNK (EXTERIOR) 10. FRONT HOOD 11. REARVIEW MIRROR

RESULTS AND CONCLUSIONS:

Latent lift cards # 1, 2, 3, 5, 6, 8, 9, 10 & 11 -- Latent impressions submitted have sufficient ridge detail to make anidentification.

Latent lift cards # 4 & 7 -- Latent impressions submitted have no value for comparison or identification.

An AFIS search was conducted on the latent impressions from lift cards # 3, 5, 10 & 11 and I was able to make anidentification of the latent impression from lift card # 3 to the # 9 finger (left ring) of B/M MARK SIMMONS, DOB10/11/1987. The lift was taken from "EXT REAR D/S DOOR."

I was also able to make an identification of the latent impression from lift card # 5 to the left palm of W/F KIMBERLYPICKRELL, DOB 08/03/1970. The lift was taken from "EXT FRONT D/S WINDOW."

I was also able to make an identification of the latent impression from lift card # 10 to the left palm of B/M MARKSIMMONS, DOB 10/11/1987. The lift was taken from "FRONT HOOD."


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I was also able to make an identification of the latent impression from lift card # 11 to the # 7 finger (left index) of B/MMARK SIMMONS, DOB 10/11/1987. The lift was taken from "REARVIEW MIRROR."

I compared the remaining unidentified latent impressions in this submission to the known fingerprint and palm printstandards of B/M MARK SIMMONS, DOB 10/11/1987, and W/F KIMBERLY PICKRELL, DOB 08/03/1970, and wasable to make an identification of the latent impression from lift card # 1 to the # 3 finger (right middle) of PICKRELL. The lift was taken from "EXT FRONT D/S DOOR."

I was also able to make an identification of the latent impression from lift card # 9 to the right palm of W/FKIMBERLY PICKRELL, DOB 08/03/1970. The lift was taken from "TRUNK (EXTERIOR)."

Palm print standards are required to complete a comparison in this submission.

Latent impressions of identification value remain unidentified in this case.


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Date / Time:COPE, D. J. (A722)Investigator: 10/23/2014 11:56:46, Thursday


On 10/17/14, at approximately 1155 hours, I responded to 100 NW 2ND Ave., Boca Raton (Sally Port), at the request ofDetective Hanley (ID# 611), in reference to processing a stolen/recovered vehicle involved in an aggravated assaultwith Boca Raton Police Officer Clark (ID# 707). At my arrival, Detective Hanley was present at the Sally Port.

I met with Detective Hanley who advised he received consent from the victim of the stolen car, Herbert S. Lopato toprocess the vehicle. Detective Hanley advised that Officer Clark initiated a traffic stop on the vehicle. During the trafficstop, the vehicle fled, at which time Officer Clark discharged his weapon. Detective Hanley further advised the vehiclewas stolen out of Palm Beach County on 10/13/14 by a possible suspect of B/M Mark Terrell Simmons (D.O.B.10/11/87). The suspect had previously stolen the same car. Refero to Detective Hanley`s report for further details.

Upon my arrival, I observed a white Honda Accord bearing Florida license plate 430PXI and Vehicle InformationNumber (VIN) 5KBCP3F82AB015420. The vehicle presented with damage to the passenger side front and rear door.The rear driver side window was shattered and the rear driver side tire was flat. A bullet defect was located on therubber window gasket of the quarter glass of the rear driver side window. The bullet entered through the front edge ofthe rubber gasket and afterwards made contact with the backside of the front driver side seat. Two defect holes werepresent at the back of the headrest. One defect hole presented as larger than the other. At the front of the seat, Iobserved a round defect impression protruding outward that had not penetrated the seat lining and indicative of thebullet`s impact.

Inside the vehicle I observed glass pieces on the front driver side seat. The floor presented with a napkin and loose U.S.change. The vehicle key was in the ignition. The rear driver side seat presented with additional glass debris. The floorarea presented with a red rag and red and black CD zipper case. The rear passenger side seat presented with additionalglass debris and a black remote control on the seat. The floor area presented with a Wendy`s cup with a lid and straw. Agray t-shirt was also observed on the floorboard area. At the front driver side I observed a Boston Market plastic bagand inside a covered take-out tray with food and a paper bag with cornbread. The tray was covered and the food lookeduntouched. A small Wendy`s cup, a Winn Dixie Customer Reward Card, and unused plastic utensils were also locatedon the floor. A small coral colored rag was observed on the floor as well. The glove compartment presented withmiscellaneous paper work. The center console area presented with napkins and trash. The front center console andashtray presented with U.S. bills. At the trunk area I observed a basket, paperwork, blue towel, a brown zip bag,exercise bands, white gym shorts and a black t-shirt.

Detective Hanley searched the vehicle which presented with one (1) light blue Bic lighter, one (1) blue Bic lighter, anempty box of Seneca cigarette box, and a McDonald`s receipt (with a date of 10/15/14) underneath the front driver sideseat. An Arby`s receipt (with a date of 10/14/14) was observed in the ashtray area, where the U.S. bills were located.

I utilized a Nikon D3000 digital camera and digital storage device to document the scene. I captured 48 images ofoverall, midrange and close-up photography of the exterior and interior of the vehicle.


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I utilized sterile cotton swabs, dampened with sterile water to swab for possible deoxyribonucleic acid (DNA) from theinterior of the vehicle. The swabs were packaged and sealed within swab carton boxes and placed within a whiteevidence envelope. The swabs were submitted to Evidence at Boca Raton PD and documented on a Property Voucher asfollows:

- Swabx2: Steering wheel- Swabx2: Interior front D/S door handle- Swabx2: Gear shift- Swabx2: Interior front P/S door handle- Swabx2: Ignition key

The following items were collected for evidentiary value purposes. All items were placed in a temporary evidencestorage locker within the Crime Lab for further processing at a later time.

- One (1) light blue Bic lighter- One (1) blue Bic lighter- Empty Seneca cigarette box- McDonald`s receipt- Red rag- Wendy`s cup with lid and straw- Small Wendy`s cup - Boston Market plastic bag- Boston Market food tray- Winn Dixie Customer Reward Card- $32.00 in U.S. Bills- Arby`s receipt- White gym shorts- Black t-shirt

I processed the exterior and interior of the vehicle for latent fingerprints using conventional black powder. Thefollowing areas presented with possible sufficient ridge detail for further analysis: two (2) areas from the exterior frontD/S door; one (1) area from the exterior rear D/S door; two (2) areas from the exterior front D/S window; one (1) areafrom the interior P/S door column; one (1) area from the exterior front P/S door; one (1) area from the exterior front P/Swindow; one (1) area from the exterior trunk; one (1) area from the front hood; and one (1) area from the rearviewmirror. The areas were lifted with tape and placed on white latent cards. I submitted the cards to the IdentificationDivision (ID) section at Boca Raton PD. Refer to the ID section report for analysis and results.

I measured and created diagrams of the defects observed on the rear D/S rubber window gasket, D/S rear headrest andD/S seat front. Refer to the case report for the attached diagrams and measurements.

I utilized a yellow dowel rod to illustrate a possible trajectory of the fired bullet. The dowel was inserted through thelarger defect of the D/S rear headrest and extended to the defect located at the rear D/S rubber window gasket. DetectiveHanley assisted with positioning of the dowel rods. I documented the following measurements, per Detective Hanley`srequest.


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- From D/S rear headrest defect to the stopping end of the dowel rod was 69" inches and 59" inches straight down tothe ground.

- From D/S rear headrest defect to the dowel rod at 51"inches and 53" inches down to the ground.

The headrest was removed from the seat, at which time an exit defect was observed at the bottom of the headrest and anentrance defect was observed at the top end of the D/S seat (just below where the headrest rested on). Dense foam wasobserved inside the headrest.

I used a sterile scalpel to cut a seam line located at the top of the seat. Detective Hanley was able to retrieve the bulletfrom the inside of the seat back. I observed the bullet intact with a piece of foam attached.

I utilized the same camera equipment as previously stated to further document the above stated observations. I capturedan additional 31 images to include the bullet defects observed on the rubber window gasket, D/S seat headrest and D/Sseat front, the use of dowel rods for possible trajectory purposes, removal of the headrest and removal of the bulletfragment.

I downloaded all the images captured throughout the investigation to a CD (compact disc) and submitted the disc toEvidence at Boca Raton PD. I also stored the images in the secured Evidence server for storage/security reasons.

At approximately 1500 hours I completed my investigative duties and departed the Sally Port.

On 10/201/4, I removed the Boson Market plastic bag, U.S. bills, small Wendy`s cup and lid of the larger Wendy`s cupfrom the temporary storage locker for further processing. I utilized sterile cotton swabs, dampened with sterile distilledwater to swab for possible DNA from the items. The swabs were packaged and sealed within swab carton boxes andplaced within a white evidence envelope. The swabs were submitted to Evidence at Boca Raton PD and documented ona Property Voucher as follows:

- Swabx2: Handles of Boston Market plastic bag- Swabx2: U.S. Bills from ashtray- Swabx2: Lip/cup edge of small Wendy`s cup- Swabx2: Lid of Wendy`s cup

I returned the Boston Market plastic bag, small Wendy`s cup and larger Wendy`s cup to the temporary storage lockerfor further processing at a later time.On this same date, I removed the Arby`s and McDonalds receipts for latent fingerprint processing. I processed thereceipts with Ninhdyrin chemical. The receipts were returned to the temporary locker storage for processing.

On this same date, the following items were packaged and sealed within Evidence envelopes or bags and submitted intoEvidence. The items were documented on a Property Voucher as follows:

- $32.00: 1x20; 1x5; 7x1/From ashtray- Bullet fragment/from front D/S seat back. - Mens shorts: "And1"/XL/White/From trunk


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- T-shirt:"Merona"/Large/Black- Rag: Red/from rear D/S floor- Straw from Wendy`s cup/From rear P/S floor

On 10/21/14, I removed the small Wendy`s cup, the large Wendy`s cup with lid, Winn Dixie customer reward card,Boston Market tray, Boston Market plastic bag, and the Seneca cigarette box from the temporary storage locker forfurther processing. All items were placed in a cyanoacrylate fuming chamber. After suitable exposure time, I removedthe items and observed for latent fingerprints with negative results. I further processed the two (2) Wendy`s cups,Wendy`s lid, Winn Dixie card, Boston Market tray and Seneca cigarette box with magnetic powder with negativeresults. The two (2) lighters were also removed from the lockers and packaged for possible DNA processing. Theseitems were packaged and sealed in Evidence bags and envelopes and submitted to Evidence. The items weredocumented on a Property Voucher as follows:

- Wendy`s cup with lid/from rear P/S floor- Wendy`s cup/small/from front P/S floor- Winn Dixie Customer Reward Card/from front P/S floor- Cigarette box: Seneca/Empty/from underneath the front D/S seat- Lighter: Bic/light blue/from underneath the front D/S seat- Lighter: Bic/blue/from underneath the front D/S seat

On this same date, I processed the Boston Market plastic bag with Basic Yellow dye. The bag was retained in the CrimeLab until suitable processing time.

On 10/23/14, after suitable processing time, I examined the Boston Market plastic bag for latent fingerprints. I used analternate light source (ALS) set at 450nm. I observed negative results for latent fingerprints.

On this same date, I also examined the Arby`s and McDonalds receipts for latent fingerprints. The Arby`s receipt didnot present with any areas of ridge detail. The McDonalds receipt presented with a possible area of ridge detail on theback of the receipt. I utilized a Fujifilm IR Pro digital camera to capture images of the area. The image was submitted tothe ADAMS system for analysis to the Identification Division. Refer to the ID section for analysis and results.I packaged and sealed the Boston Market plastic bag, Arby`s receipt and McDonalds receipt in Evidence envelopes forsubmission to Evidence. The items were documented on a Property Voucher as follows:

- McDonalds receipt/from under front D/S seat- Arby`s receipt/from ashtray- Boston Market plastic bag/from front P/S floor

This concludes my involvement in this investigation as of this report writing.


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Date / Time:KATEN, F. (A385)Investigator: 10/23/2014 12:26:08, Thursday

Supervisor Review Date / Time:DAUGHERTY, C. M. (323)Supervisor: 11/14/2014 00:00:00, Friday

At 2140 hours on 10/16/14, the undersigned was called out to respond to 174 E Camino Real, Boca Raton in referenceto an aggravated assault. The undersigned arrived at the scene at 2310 hours. Sgt. Sommer (ID# 604) and OfficerPatterson (ID# 614) were present at the scene. Det. Harding (ID# 688) arrived shortly after the undersigned.

Officer Patterson stated that Officer Clark (ID# 707) had pulled over a reported stolen vehicle at the above location.During the stop of the vehicle, the unidentified driver fled eastbound from the scene at which time Officer Clarkdischarged his weapon.

The roadway was dry and the area was poorly lit. A decorative lamp post at the end of the driveway, on the east side ofthe driveway, was the only light in the area. The undersigned was directed to the roadway area in front of 174 E CaminoReal. A single discharged shell which appeared to have been crushed by unknown means was lying in the bicycle laneon the south side of the roadway. Broken glass was observed atop and along the center lane delineation marker. Theundersigned prepared a crime scene sketch of the scene with measurements.

Using a Nikon D300 digital camera, the undersigned captured eighteen images of the scene and the recovered evidenceincluding close-up images with a scale of the discharged shell. The camera`s memory device was submitted to theCrime Lab for processing. The below listed evidence was recovered at the scene, packaged and submitted into evidence.

1 Discharged shell, "SPEER 40 Cal S&W" recovered in the roadway 27` 11" from the mailbox post of 174 E CaminoReal and 42` 4" from the light pole at the end of the driveway. 2 Representative sample of glass from the roadway at center delineation marker.

The undersigned cleared the scene at 0045 hours and responded to the area of 330 SE 21st Ave. Deerfield Beach.Sgt. Meyer (ID# 528), Det. Hanley (ID# 611), CST Greer (ID# A736) and numerous other BRPD personnel and BSODeputies were present at the scene.

The undersigned dropped off a video camera to CST Greer and was then directed to respond to 629 SE 19 Ave.Deerfield Beach to document and recover a pair of Nike Sneakers found behind the building. Officer Wollschlager (ID#730) and Officer Cairns (ID# 751) were present at the scene behind the building. Officer Cairns directed theundersigned to two Nike sneakers found in the pool area between the building and the inter-coastal waterway.

Using the dame Nikon D300 camera, the undersigned captured six images of the scene and the Nike sneakers. Thecamera`s memory device was submitted to the Crime Lab for packaging. The undersigned recovered the right and leftNike sneakers (gray, size 10 USA) and packaged them in seperate bags. The sneakers were listed on a property reportand submitted into evidence.

The undersigned cleared the scene at 0115 hours.


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Date / Time:GREER, Z. L. (A736)Investigator: 10/28/2014 15:06:36, Tuesday

Supervisor Review Date / Time:KATEN, F. (A385)Supervisor: 01/29/2014 00:00:00, Wednesday

On Thursday 10/16/14 at approximately 2135 hours, I responded to 174 E. Camino Real, Boca Raton to conduct aCrime Scene Investigation regarding an officer involved shooting that occurred at approximately 2054 hours on today`sdate. Upon arrival Officer Patterson I.D. 614 and Telecommunicator Amanda Basalyga I.D. A745 were on scene. Sgt.Sommer I.D. 604 arrived on scene shortly after. Per Officer Patterson, Officer Clark I.D. 707, conducted a traffic stopon a stolen 2010 white Honda Accord 4-door bearing FL Tag/430PXI, fired a shot into the vehicle as the vehicle fledlast seen headed southbound on A1A towards Deerfield Beach, FL. A pursuit followed the vehicle to 330 SE 21st Ave.,Deerfield Beach where the driver collided into a palm tree on the south walkway and then fled on foot. An extensivesearch was conducted for the driver utilizing a K9, the Marine Unit, the Helicopter Unit, and the Broward Sherriff`sOffice, however, he was not located.

There was a casing in the roadway in the east bound lane to the north of the mailbox located at 174 E Camino Real.In the middle of the roadway there was shattered glass. In the grassy median to the north of 174 E Camino Real therewere tire tracks where it looked like a vehicle did a u-turn.

While on scene at 174 E Camino Real, Boca Raton, five photographs were taken using a Nikon D5100 digitalcamera. The photographs were captured onto a micro drive and submitted into evidence. I was then advised by Sgt.Sommer to respond to 330 SE 21st Ave., Deerfield Beach to process the recovered stolen suspect vehicle. CST KatenI.D. A385 responded to 174 E Camino Real to finish processing the scene. Refer to CST Katen`s report for furtherdetails.

I cleared the scene at 174 E Camino Real, Boca Raton, at approximately 2150 hours.

At approximately 2236 hours, I arrived at 330 SE 21st Ave., Deerfield Beach to conduct a Crime Scene Investigationregarding the recovered stolen suspect vehicle which was the 2010 white 4-door Honda Accord bearing FLTag/430PXI. Upon arrival Boca Raton Police Chief Alexander I.D. 001, Assistant Boca Raton Police Chief MindickI.D. 546, Sgt. Romero I.D. 576, Captain Scott I.D. 507, Lt. Wootton I.D. 582, Detective Shifflett I.D. 594, OfficerPorter I.D. 612, Officer Clark I.D. 707, and Officer Buckheit I.D. 648 were on scene. Sgt Meyer I.D. 528, Sgt. AdamsI.D. 599, Detective Hanley I.D. 611, Detective Kimsal I.D. 729, Officer Van Camp I.D. 747, CST Katen, and BrowardSherriff`s Office Deputies arrived on scene later.

Per Officer Buckheit, the suspect vehicle hit several parked cars on Ocean Way in Deerfield Beach, drove onto thewalkway on SE 21st Ave., Deerfield Beach, side swiped a palm tree on the walkway and stopped in the roadway at 330SE 21st Ave., Deerfield Beach. The suspect who was the driver of the vehicle, Mark Simmons B/M DOB/10-11-87,then fled the area on foot and after an extensive search was not located.

The stolen 2010 white Honda Accord 4-door bearing FL Tag/430PI was parked in the roadway by 330 SE 21st Ave.,Deerfield Beach. The front of the vehicle was facing to the northwest and the rear of vehicle was facing to the southeast.The vehicle engine was running, the headlights, the left turn signal, the A/C, and the radio were on. The glass in the rear


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driver side passenger window of the Honda was missing and there was shattered glass on the interior of the vehicle.There was a bullet defect in the metal frame of the driver side rear passenger window and in the rear of the driver seatheadrest of the Honda. The rear driver side tire of the Honda was flat. There were unknown reddish brown stains on thedriver side front bumper, the driver door, and the rear driver side passenger door of the Honda. The passenger sidemirror on the front passenger door was broken and folded in towards the door on the Honda. On the front passengerdoor and rear passenger door there were scratches and palm tree bark stuck in the crease of the two doors on the Honda.

Officer Buckheit`s marked Patrol car bearing # 306, CITY Tag/XD3523, and Officer Van Camp`s marked Patrol carbearing # 286 and CITY Tag/XC4914 were parked behind the stolen white Honda on SE 21ST Ave. The front ofOfficer Buckheit`s marked Patrol car was facing to the west and the rear of the car was facing to the east. Officer VanCamp`s marked Patrol car was positioned to the northeast behind Officer Buckheit`s marked Patrol car. The front ofOfficer Van Camp`s marked patrol car was facing slightly to the northwest and the rear of the car was facing to the east.On the south walkway of SE 21st Ave. there were tire tracks leading from the east end of the walkway to the rear of theHonda. From the point of impact on the east side of the south walkway to the point of exit of the walkway there werefive palm trees. There was a point of impact on the east end of the curb to the south walkway where the vehicle droveup onto the walkway and a point of impact on the third palm tree from the east end of the south walkway where thepassenger side of the Honda collided with the palm tree. There were scrapes on the west end of the curb to the southwalkway behind the Honda where the vehicle exited the walkway and drove down onto the roadway of SE 21st Ave.

One-hundred twenty-three photographs were taken using a Nikon D5100 digital camera at the scene located at 330SE 21st Ave., Deerfield Beach. The photographs were captured onto a micro drive and submitted into evidence.

Evidence markers were placed at the scene. The following is a list of the evidence markers and their correspondingevidence and locations.

Evidence Marker: Location:___________ 1. Point of Impact South curb west of palm tree #5 2. Tire tracks On South walkway 3. Vehicle Impact Mark Third palm tree from East4. White Honda Accord FL Tag/430PXI On SE 21st Ave. Several measurements were taken at the scene. From the point of impact on the east end of the south curb on SE 21stAve., to the rear passenger side tire of the Honda measured approximately 63` 7". The distance that the Honda travelledon the south walkway from the point of impact to the roadway of SE 21st Ave., at the rear of the Honda measuredapproximately 69`2". The distance from the driver side tire to the west end of the south curb on SE 21st Ave., measuredapproximately 8`2". The distance from the rear driver side tire of the Honda to the west end of the south curb on SE 21stAve., measured approximately 3`6". The distance of the front passenger tire of the Honda to the west end of the northcurb on SE 21st Ave. measured approximately 11`7". The distance of the rear passenger tire of the Honda to the northcurb on SE 21st Ave., measured approximately 19`0". The distance of the point of exit from the south curb on SE 21stAve., to the rear passenger side tire of the Honda measured approximately 3`10". The distance from Officer Buckheit`sdriver side front tire of his marked Patrol car to the east end of the south curb on SE 21st Ave., measured approximately0`59". The distance of the rear driver side tire of Officer`s Buckheit`s marked Patrol car to the east end of the south curbof SE 21st Ave., measured approximately 0`88". The distance from Officer Buckheit`s marked Patrol car frontpassenger tire to the rear passenger side tire of the Honda measured approximately 37`2". The distance of Officer


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VanCamp`s marked Patrol car passenger front tire to the east end of the north curb on SE 21st Ave., measuredapproximately 0`8". The distance from Officer VanCamp`s marked Patrol car rear passenger side tire to the north curbon SE 21st Ave., measured approximately 4`1". The distance from Officer VanCamp`s marked Patrol car driver side tireto the rear passenger side tire of the Honda measured approximately 52`5`.

Using spray paint, I marked the location of the resting spots of all four tires of the Honda onto the roadway of SE21st Ave.

A sketch was drawn of the scene at 330 SE 21st Ave., Deerfield Beach. Refer to the attached sketch for furtherdetails.

At the request of Officer Porter, Officer Clark`s firearm, magazines, and ammunition were collected at the scene.Officer Porter had already removed the magazine from the firearm, placed a stop in the barrel of the firearm, andremoved the ammunition from all of the magazines prior to me photographing the items. At approximately 0036 hours, Icollected four 40 S&W .357 magazines from Officer Porter who advised that the magazines were loaded withammunition prior to collection and were in Officer Clark`s vest. At approximately 0037 hours, I collected a 40 S&W.357 magazine from Officer Porter who advised that the magazine was loaded with ammunition prior to collection andwas in Officer Clark`s firearm. At approximately 0040 hours, I collected sixty Hollow point Speer 40 S&W rounds ofammunition and fifteen Hollow point Cor-Bon 40 S&W rounds from Officer Porter who advised that the rounds werefrom all of the magazines. At approximately 0044 hours, I collected Officer Clark`s firearm which was a black Smith &Wesson MP40 Semi-automatic .40 caliber pistol bearing Serial # HPR7635. The items were photographed andsubmitted into evidence.

At the direction of Sgt. Meyer, before the tow truck arrived, while wearing latex gloves, I opened the driver door ofthe Honda and turned the key in the ignition to the off position, however the vehicle had already stopped running on itsown prior to me doing so. While I was on scene the vehicle was secured to ensure that nobody else touched or enteredthe vehicle for further processing which was to be conducted at the Boca Raton Police Department located at 100 NW2nd Ave., Boca Raton.

Emerald Towing arrived on scene at approximately 0152 hours to tow the vehicle to the Boca Raton PoliceDepartment Sallyport. Detective Kimsal followed Emerald Towing while the Honda was towed to the Boca RatonPolice Department Sallyport.

I cleared the scene located at 330 SE 21st Ave., Deerfield Beach at approximately 0210 hours.

I arrived at the Boca Raton Police Department Sallyport at approximately 0222 hours. The Honda was left secured inthe Sallyport for further processing.

The Honda was processed later by CST Cope I.D. A722. Refer to CST Cope`s report for further details.


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Date / Time:KIMSAL, L. (729)Investigator: 11/13/2014 11:15:28, Thursday

Supervisor Review Date / Time:MEYER, S. P. (528)Supervisor: 11/19/2014 13:59:23, Wednesday

On 10/17/14 at approximately 0059 hrs., I arrived in the area of 300 SE 21st Avenue, Deerfield Beach, BrowardCounty, FL to assist in this investigation. Upon arrival, I was directed by Sgt. S. Meyer, Investigative Services Bureau,Boca Raton Police Department, to preserve the area around the suspect vehicle, a white Honda Accord, and await thearrival of a tow truck to bring the vehicle to the Boca Raton Police Department for processing.

Emerald Towing Service was dispatched to respond to the scene and arrived at approximately 0153 hrs. Their towdriver wore latex gloves on scene and placed the Honda on the tow truck (flat bed) without touching or molesting anypotential evidence. The vehicle was placed on the flat bed and the tow truck went directly to the Boca Raton PoliceDepartment. I followed the vehicle there and proceeded to arrange for the vehicle to be removed into the departmentsally port to be stored, prior to forensic examination.

The vehicle was removed from the truck without any physical contact by the tow driver so as to preserve any potentialevidence. The vehicle was left in the sally port and the sally port for evidence processing.

At approximately 1230 hrs on the same date, I returned to the area of 300 SE 21st Avenue with Det J. Clare,Investigative Services Bureau, Boca Raton Police Department. We conducted a follow up neighborhood canvas in anattempt to identify any witnesses to the event which occurred earlier in the morning. I did not obtain any witnessinformation and/or video during the follow up.


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Date / Time:HANLEY, S. D. (611)Investigator: 11/18/2014 12:27:07, Tuesday


On 10/16/14 at approximately 2250 hours I was called out by Det. Sgt. Meyer to conduct a follow-up investigation inreference to an officer involved shooting incident. I arrived on the secondary crime scene (intersection of S.E. 21stAve. & S.E. 4th St., Deerfield Beach, Florida) at approximately 2330 hours. The initial crime scene (174 E. CaminoReal, Boca Raton, Florida) and the secondary crime scene had been secured prior to my arrival. I met with Det. Sgt.Meyer on scene and I was advised of the following information at that time.

On 10/16/14 at approximately 2054 hours, B.R.P.D. Officer Clark (ID #707) conducted a traffic stop on a stolenwhite Honda Accord (Palm Beach County Sheriff`s Office #14-130813) bearing Florida tag 430-PXI at 174 E. CaminoReal, City of Boca Raton, Florida. Officer Clark approached the stolen vehicle in full police uniform. During theencounter, Officer Clark fired his departmental issued handgun one time, striking the rear driver`s side of the suspectvehicle. The suspect vehicle fled the traffic stop eastbound on E. Camino Real and continued southbound on S. Ocean Blvd.toward Deerfield Beach at a high rate of speed. Officer Clark pursued the vehicle based upon the charge of aggravatedassault. The stolen Honda was located a short time later, unoccupied in the roadway, near the intersection of S.E. 21stAve. & S.E. 4th St. in Deerfield Beach. Witnesses on scene reported that the driver fled on foot in a southbounddirection.

The suspect was described as a medium skin toned Latin or African American male, stocky build, who was in hismid twenties to early thirties. He had short dark curly hair and a thin pencil style mustache. He was last seen wearing awhite t-shirt and khaki shorts.

An extensive perimeter was established utilizing Boca Raton Police Officers and Broward County Sheriff`s OfficeDeputies. K-9 units from Boca Raton and BSO were utilized in searching for the suspect, as well as Marine Units fromBoca Raton, Lighthouse Point P.D. and BSO. A helicopter from BSO assisted in the extensive search as well.

The NCIC/FCIC entry on the stolen Honda Accord (P.B.S.O. case #14-130813) listed "b/m Mark Simon (D.O.B.10/11/1987)" as a possible suspect. While on scene, B.R.P.D. Officer Wollschlager was contacted by P.B.S.O. DeputyRutherford who had been dispatched to make contact with the vehicle owner. It was confirmed at that time that thevictim had identified b/m Mark T. Simmons (Florida D.L. #S-552-558-87-371-0) as the possible suspect. The spellingof the suspects last name had been entered incorrectly into NCIC/FCIC. Due to the extenuating circumstance, themanpower allocation and the multiple jurisdictions assisting in this search for this suspect, Officer Clark had beenshown a DAVID photograph of Mark Simmons (D.O.B. 10/11/1987) on scene by B.R.P.D. Officer Wollschlager (ID#733) prior to my arrival. He positively identified Simmons as the driver of the stolen Honda Accord, who fled thetraffic stop at 174 E. Camino Real, in the City of Boca Raton. After an extensive multi- jurisdictional search, thesuspect was not located.

I observed the stolen white Honda Accord on scene. The vehicle was facing northwest across the roadway (a


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one-way road in westbound direction) on the south side of the Lynn`s Hallmark building (300 S.E. 21st Ave, DeerfieldBeach, Florida). The vehicle was in park, the engine was running and the flasher lights were on. The rear driver`s sidetire was flat and there was damage to the passenger side of the vehicle. The rear driver`s side window was smashed andbroken glass was observed inside the vehicle. I observed what appeared to be a bullet hole in the frame of the reardriver`s side window, and the rear side of the driver`s headrest. There was a protrusion on the front upper left side ofthe driver`s seat that appeared to be the projectile from a bullet, but it did not penetrate through the material on the seatback and was still lodged on the inside of the seat. I did not observe any suspected blood inside the vehicle, indicatingthat the suspect had been struck by the bullet.

B.R.P.D. CST Greer responded and conducted the crime scene investigation. See the completed crime scene reportfor complete details. Det. Kimsal followed the white Honda Accord as it was towed to the sally port at the Boca RatonPolice Department and secured.

B.R.P.D. Officer Porter secured and took possession of Officer Clark`s departmental issued handgun andammunition. Officer Porter collected a total of four full .40 caliber magazines from Officer Clark`s person and onemagazine from inside of his gun that was one short of full capacity. There was one live round recovered from thechamber. It appeared that the one round that was fired was chambered in the weapon in addition to the full magazinebeing in the weapon. Both the handgun and ammunition were placed into evidence. I video recorded the process and acopy of the recording was placed into evidence. See the video recording for further details. Officer Porter issuedOfficer Clark a new duty weapon and ammunition.

On 10/17/14 I spoke with B.R.P.D. CST Katen and Det. Harding. They had responded to the initial location of thetraffic stop at 174 E. Camino Real. The scene had been secured by B.R.P.D. Officers prior to their arrival. CST Katendocumented the scene and collected one shell case that appeared to have been damaged (by unknown means). He alsoobserved some broken glass on the roadway/bicycle lane. See his supplemental report for further details. A canvaswas conducted and no witnesses to the incident were located. On 10/17/14 I responded back to the Boca Raton Police Department and met with Det. Sgt. Meyer and CaptainScott. We reviewed the in car video from Officer Clark`s vehicle. The in car video activated just prior to the trafficstop, and captured the entire traffic stop, the shooting, and the pursuit of the stolen vehicle to Deerfield Beach. I alsoobtained and listened to the radio transmission from B.R.P.D. Communications in reference to this incident. Both the incar video and the radio transmissions were placed into evidence. On 10/17/14 Det. Kimsal and I met with the registered owner of the white Honda Accord, Herbert Lopato (D.O.B.08/24/42) at his residence. We explained to him that we recovered his stolen vehicle and explained the status of ourcurrent investigation. Lopato voluntarily signed a consent to search card and gave us verbal consent to process hisstolen white Honda Accord bearing Florida tag 430-PXI. The consent to search card was placed into evidence. Lopato explained to us that this is the third time that his home had been burglarized and his vehicle stolen. Lopato isdisabled and frequently falls as a result of his medical condition. He often needs fire rescue to respond to assist him ingetting up after he falls. On multiple occasions, fire rescue has damaged his door when they have had to force entryinto his residence. To prevent fire rescue from damaging his door, Lopato now leaves his side door under his car portunsecured 24/7. Lopato stated that the last time his home was burglarized and his vehicle stolen, the vehicle waslocated in the possession of a Mark Simmons. Lopato stated that he had been previously shown a photograph of


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Simmons when he was arrested in his stolen Honda. He does not know Simmons or nor has he ever seen him before,and as such Simmons does not have permission to use or be in possession of his vehicle.

On 10/17/14 B.R.P.D. CST Cope completed the crime scene processing of the Lopato`s stolen white Honda in thesally port of the Boca Raton Police Department. I was present during the processing of the vehicle. CST Copephotographed the vehicle, processed it for latent prints and took swabs for possible DNA analysis. The projectile wasrecovered from the front driver`s seat. Additionally, multiple items were collected from the vehicle for evidentiarypurposes to include a white shirt, black shorts, a Wendy`s cup with straw, a red rag, two receipts, one from McDonaldsand one from Arbys, as well as an uneaten container of Boston Market food. See CST Cope`s completed crime scenereport for further details.

I obtained and reviewed a copy of Boynton Beach P.D. incident #14035203-5. On 08/05/14 at 0634 hours B.B.P.D.Officers Baldino and Gray located Lopato`s stolen white Honda Accord in the McDonalds drive thru located at 1799 N.Congress Ave. in Boynton Beach, Florida. The sole occupant, b/m Mark Simmons (D.O.B. 10/11/87) was taken intocustody. I also obtained and reviewed the initial P.B.S.O. case (#14103995) in reference to Lopato`s stolen vehicletaken on 08/03/14. Lopato reported that he last saw his vehicle on 07/31/14 and due to mobility issues; he had not beenoutside to check on his vehicle until 08/03/14 when he noticed it missing. The keys to the vehicle were kept inside hisresidence in a drawer. Lopato believed that the unknown suspect entered his occupied residence overnight and took thekeys, prior to stealing his vehicle. I obtained and reviewed a copy of a P.B.S.O. case (#14130813) regarding the most recent burglary to Lopato`sresidence, reported on 10/13/14. The report indicated that the unknown suspect again entered his occupied residencethrough an unlocked door overnight (after 0200 hours on 10/13/14) while Lopato was sleeping and stole his vehiclekeys off of his nightstand, a HP laptop computer, credit cards and a Motorola tablet. Lopato noticed his vehicle missingin the morning and contacted P.B.S.O. to report the burglary and theft of his vehicle. Due to similar circumstancesbetween this case and the previous case, he informed the P.B.S.O. Deputy that b/m Mark Simmons had been arrested inhis stolen vehicle previously. On 10/21/14 Det. Sgt. Meyer and I attempted to locate Mark Simmons regarding this case. We checked multiplelisted addresses in Boynton Beach and one address in Lake Worth, but we were not successful in locating him.

On 10/21/14 Det. Sgt. Meyer and I met with Herbert Lopato at his residence. We again reviewed the detailsregarding the burglary and theft of his vehicle. The information was consistent with what he told me previously. Hewas shown a photograph of Mark Simmons. He advised that he did not know Simmons, nor did Simmons havepermission to use or be in his vehicle. I showed Lopato four crime scene photographs of property recovered in hisvehicle. He identified a brown basket that was located in the truck as belonging to him. He last saw the basket on hiskitchen counter. This was the first that he noticed it missing. It contained an unknown amount of loose change and itmust have been stolen during the most recent burglary to his residence. He advised that a white t-shirt and black shortsrecovered in the trunk of stolen vehicle did not belong to him. Additionally, a Wendy`s cup and straw located on therear passenger floor board did not belong to him. Lopato told us that after his vehicle was recovered on 08/05/14 inBoynton Beach, Florida it was detailed by his friend Sandy Hancock.

On 10/22/14 I spoke with Sandy Hancock telephonically. Hancock is friends with Lopato and works for him as anaide. She confirmed that after the vehicle was recovered on 08/05/14 she had the vehicle towed to Hypoluxo Towing. She is friends with the owner Bruce Meadows. She had some minor repairs done to the vehicle at Hypoluxo Towing


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and the interior and exterior of the vehicle were detailed. Additionally, Hancock told me that within the last threeweeks, she personally cleaned the interior and exterior of Lopato`s white Honda Accord. She confirmed that shecleaned the windows and mirrors (interior), as well as wiped the seats.

On 10/22/14 I received notice from B.R.P.D. Latent Examiner Neitz that he performed fingerprint analysis on thelatent lift cards submitted by CST Cope in this case with the following results:1. An AFIS search was conducted on the latent impressions from lift cards # 3, 5, 10 & 11 and an identification of thelatent impression from lift card # 3 to the # 9 finger (left ring) of B/M MARK SIMMONS, DOB 10/11/1987. The liftwas taken from "EXT REAR D/S DOOR." 2. An identification of the latent impression from lift card # 10 to the left palm of B/M MARK SIMMONS, DOB10/11/1987. The lift was taken from "FRONT HOOD."3. An identification of the latent impression from lift card # 11 to the # 7 finger (left index) of B/M MARKSIMMONS, DOB 10/11/1987. The lift was taken from "REARVIEW MIRROR."4. An identification of the latent impression from lift card # 5 to the left palm of W/F KIMBERLY PICKRELL,DOB 08/03/1970. The lift was taken from "EXT FRONT D/S WINDOW."5. An identification of the latent impression from lift card # 1 to the # 3 finger (right middle) of W/F KIMBERLYPICKRELL, DOB 08/03/1970. The lift was taken from "EXT FRONT D/S DOOR."6. An identification of the latent impression from lift card # 9 to the right palm of W/F KIMBERLY PICKRELL,DOB 08/03/1970. The lift was taken from "TRUNK (EXTERIOR)."

I completed a B.R.P.D. Biological Processing Laboratory submission form requesting to have the items collectedfrom Lopato`s stolen Honda, which he stated did not belong to him, (black short, white t-shirt and drinking straw)processed for possible DNA.

On 10/23/14 I obtained and arrest warrant for b/m Mark Terrell Simmons on the charges of Grand Theft (motorvehicle) and fleeing or attempting to elude. The warrant was entered into NCIC/FCIC.

On 10/24/14 Det. Sgt Meyer and I responded to 4432 Flows Way in Lake Worth, a listed address for KimberlyPickrell, whose latent prints were lifted of the exterior of Lopato`s stolen vehicle. Nobody answered the door. Wespoke with a neighbor, who wished to remain anonymous, regarding the whereabouts of Pickrell. She informed us thatPickrell had moved out of that residence. She and her son told us that they had seen Pickrell in the last couple of daysand knew of her current whereabouts. I showed them a picture of Mark Simmons and they immediately recognizedhim. They only knew him by the street name of "Fat Fat." They told us that "Fat Fat" was staying with Pickrell. Theydirected us to 3813 Coconut Road in Palm Springs. We received confirmation that both Pickrell and Simmons wereinside of Apt #1 at this address.

Det. Sgt. Meyer requested the assistance of the Palm Springs Police Department and the Palm Beach CountySheriff`s Office prior to making contact with Simmons. Units surrounded the property and as myself and officersapproached the front of the residence, a female later identified as Kimberly Pickrell ran from the front of the propertyinto the house. Simmons ran out of the back of the house and attempted to flee on foot. He was taken into custodywithout incident after a brief foot chase. He was transported to the Palm Springs Police Department for processing.

Pickrell voluntarily agreed to speak with myself and Det. Sgt. Meyer. The following is a brief synopsis of therelevant information she provided. She met Mark Simmons approximately five months ago. She offered him a place to


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stay because he didn`t have anywhere to live. He had been driving a newer model white Nissan for awhile and recentlyhe had been driving another white vehicle, but she didn`t know the make or model. He told her that the vehiclesbelonged to friends and they were lent to him. When I asked her if her finger prints would have been on either vehicle,she told us that she may have touched the exterior, but she was never inside of either vehicle.

She told us that the last time she saw him driving the white vehicle (unknown make) was on Thursday October 16thwhen he left her apartment alone. It should be noted that this was the same day as this incident. The following morning(October 17th) Simmons showed back up at her apartment on a bicycle and he was carrying a bag of groceries. He toldher that he gave the vehicle back to his friend.

Additionally, it should be noted that Pickrell told us that she had recently seen Simmons with a silver HP laptop ather apartment. One of the items that Lopato reported as stolen from his residence during the burglary in addition to hisvehicle, was an HP laptop computer.

Det. Sgt. Meyer and I responded to the Palm Springs Police Department to speak with Mark Simmons. Simmonsvoluntarily agreed to speak with us. The interview was audio and video recorded. Simmons was read his ConstitutionalWarnings prior to the interview. He signed the card indicating he understood his warning. A copy of the interview andthe Constitutional Warnings card were placed into evidence. The following is a brief synopsis of the interview.

Simmons admitted that he had been arrested in Lopato`s white Honda previously. Initially, he denied stealing thevehicle this time or being involved in this incident in Boca Raton. When we confronted him with that fact that hisprints were located in the vehicle this time, after the owner had the car detailed when he got it back last time, coupledwith the fact that Pickrell`s prints were on the vehicle and she told us she saw him driving it recently, he finallyadmitted to being in possession of the vehicle recently.

Simmons claimed that his friend Kyle gave him the vehicle. Kyle got the vehicle in exchange for crack cocaine. Kyle lives in the same trailer park as the victim Lopato. The night they got the vehicle, he and Kyle walked over to the"old man`s" trailer, so Kyle could sell him crack. Kyle went inside the trailer and he stayed outside. Kyle came outsidewith the keys, and they left together in the car. When we asked him how he knew the victim was an old man if hestayed outside, Simmons claimed that he actually met him in the past, which contradicts the victim`s statement of notknowing Simmons. Simmons was unable to provide any contact information for Kyle. He described Kyle as a darkskinned white male with dark hair, approximately 5`5``. Det. Sgt. Meyer drew a map of the trailer park and directions to Kyle`s trailer base upon the information Simmons`provided. The information that Simmons provided did not match the configuration of the trailer park and we wereunable to locate Kyle.

Although Simmons admitted to being in possession of Lopato`s vehicle after it was stolen on 10/13/14, he deniedbeing in the vehicle in Boca Raton the night of this incident or having any knowledge of a traffic stop in Boca Ratonwhere a police officer shot at the vehicle he was driving.

I recommend that this case be cleared by arrest.


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Date / Time:MEYER, S. P. (528)Investigator: 11/19/2014 13:52:04, Wednesday


On 10/16/2014 at approximately 2215 hours I received a phone call from Captain Scott in reference to an officerinvolved shooting incident. She advised me that there was a traffic stop conducted on a stolen vehicle on East CaminoReal in the area of South Federal Hwy., and during that traffic stop Officer Clark fired his gun at the vehicle. Thesuspect driver fled from the scene in the stolen vehicle. I called Detective Hanley and I asked him to respond to the cityto conduct an investigation on the incident. At 2301 hours I arrived at the scene where the incident took place at 174 East Camino Real and I came in contact withSergeant Lee Sommer and Officer Marc Patterson. According to Sgt. Sommer, Officer Clark conducted a traffic stop ona stolen vehicle at this location. During the traffic stop Officer Clark fired at least one round at the vehicle, then thedriver of the vehicle fled eastbound on East Camino Real. Officer Clark then advised over the radio that the vehicle fledfrom him and he was in pursuit after the vehicle based on an aggravated assault. Shortly after the driver fled the scene,he bailed out of the vehicle in the area of S.E. 4th Street and S.E. 21st Avenue in Deerfield Beach and fled the area onfoot. When surveying the ground in the area where the incident occurred, I saw a single shell casing on the ground next to thebicycle lane. Just to the north of the shell casing, on the roadway there were small pieces of glass spread all over theground. I conducted a search of the area, but I was unable to locate any additional evidence relevant to the incident. Sgt.Sommer told me that they conducted a neighborhood canvass of the houses in the area, but only one resident reportedhearing a gun shot. There were no witnesses located who actually witnessed the incident. I asked Sgt. Sommer tomaintain the crime scene and advised him that a detective and a crime scene technician would be responding to thislocation. I called Detective Harding who responded to the crime scene at 174 East Camino Real and CST Katen wasassigned to conduct a crime scene investigation at this location. As I was responding to the area where the suspect vehicle was located, I called the Watch Commander, Lt. ToddWootton, to find out the status of the case. Lt. Wootton advised me that they were still holding a perimeter and theywere still attempting to locate the suspect, utilizing K-9 units and a helicopter. When I arrived at the location of thestolen vehicle, I came in contact with Lt. Wootton and we discussed the case further. During our conversation, Lt.Wootton informed me that Officer Clark was present on scene. Lt. Wootton provided me with the same information about the case that was provided to me by Sgt. Sommer. Lt.Wootton could not provide me with any additional details about the actual incident because Officer Clark did notprovide further details to him of what occurred. Officer Clark advised over the radio that he was initiating a pursuit ofthe suspect as a result of an aggravated assault, but no additional details were provided in the radio transmissions.Based on the information up to this point into the investigation Detective Hanley (who arrived a short time after me)and I determined that we were investigating this case as an aggravated assault, a fleeing and eluding, and a stolenvehicle. I then place a phone call to the Palm Beach County State Attorney`s Office Chief Investigator Bill Frazier. Igave him the information I had up to this point and I advised him that I did not know if the suspect had been shot at thistime. When I asked him if a representative from the state attorney`s office was going to respond, he told me that theywould not be responding unless the suspect is found deceased. Lt. Wootton told me that the vehicle was reported stolen out of Lake Worth on October 13th, 2014 and the FCIC/NCICnotification listed a possible suspect as B/M Mark Simmons. Lt. Wootton advised me that Officer Wollschlager showedOfficer Clark a DAVID photo of the suspect and Officer Clark positively identified Mark Simmons as the suspect who


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was driving the stolen vehicle. That information was then passed onto all officers on the scene, via the radio. After I was through speaking with Lt. Wootton I walked over to where the car came to rest, in the middle of the street.The vehicle had damage on the passenger side doors, a flat left rear tire, and a missing driver`s side rear window. Therewas also what appeared to be a bullet hole through a metal piece that separates the driver`s side rear window and thesmaller window directly behind that window. There was a hole in the back of the driver`s seat headrest and another holeon the top of the driver`s seat. There was something protruding from the front right side of the driver`s seat, which waslater determined to be a bullet. The trajectory of the bullet shot by Officer Clark`s gun appeared to go through the rearwindow metal divider, breaking the rear driver`s side window, through the back of the driver`s seat head rest,downward into the driver`s seat. Soon after I arrived at the scene, I requested that the Boca Raton Police Department Range Master, Officer Porter,respond to the scene with a replacement pistol and three replacement magazines for Officer Clark, so we could collecthis firearm and magazines at the scene. Soon after I was through surveying the scene, Officer Porter arrived at thescene and I made arrangements for Officer Clark and Officer Porter to exchange the gun and ammunition in OfficerPorter`s SUV. Officer Porter, Detective Hanley, Officer Clark and FOP representative Shifflett were all present duringthe exchange. During the exchange, Officer Porter collected a total of four full .40 caliber magazines that Officer Clarkcarried on his person and one magazine from inside of Officer Clark`s gun. There was also an additional round in thechamber of the gun. The magazine that was taken from the gun was missing one bullet, which was consistent with theone shell casing that was found at the scene of the shooting. The bullets from the other four magazines were countedand all of them were found to be loaded with the maximum number of bullets in each magazine. Detective Hanleyfilmed the exchange and the counting of the bullets, and the gun, the magazines and the bullets were all put intoevidence. I was then informed by Captain Scott that she was going to approach Officer Clark and ask him if he would provide astatement as to what occurred. Captain Scott explained to Officer Clark, with me and FOP representative Shifflettpresent, that we would prefer him to do a walk-through of the incident, but if he was not willing to do one, then wewould like an interview, but if he was not willing to do that a written statement would suffice. FOP representativeShifflett told Captain Scott that Officer Clark was not willing to do a walk-through or an interview, but he was willingto complete an officer`s incident report, which would include a supplement documenting his actions. FOP representativeShifflett then drove Officer Clark back to the police department, where he completed his report of the incident. While I was at the scene I called Detective Kimsal and I asked him to respond to the scene where the stolen vehicle wasrecovered. After CST Greer was through processing the scene a flatbed tow truck was called and the stolen vehicle wastowed to the sally port of the police department. Detective Kimsal followed the vehicle to the police department andmade sure that it was secured in the sally port. Later, Detective Hanley was able to get the consent of the owner of thestolen vehicle to process the vehicle. Prior to Officer Clark going to the police department to complete his report, I watched him remove his personalbelongings from his vehicle, (marked unit #333) and put them into FOP representative Shifflett`s vehicle. I then droveOfficer Clark`s vehicle back to the police department and secured it in the rear parking lot. As a result of parkingClark`s vehicle in the rear lot, the information stored on the in-car video system was automatically downloaded andstored into the police departments video system. While at the police department I was able to view the video of the traffic stop with Captain Scott. The video showed the30 seconds prior to Officer Clark activating his overhead lights, the traffic stop, the shooting, and the pursuit of thestolen vehicle. After I was through viewing the video I was informed by FOP representative Shifflett that Officer Clarkwas through with his report. I reviewed the report and then told FOP representative Shifflett and Officer Clark that theycould go home for the night. I then provided a copy of the report to Captain Scott. Based on the information provided by Officer Clark`s report, the available evidence at this time, and the in-car camera


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video, I made the determination that the suspect in Officer Clark`s case can be charged with fleeing and eluding from apolice officer and theft of a motor vehicle for being in possession of a stolen vehicle. At this point in the investigation,there is insufficient evidence to file additional charges. 10/17/2014The vehicle was processed by CST Darcy Cope in the sally port of the police department under the supervision ofDetective Hanley. A Wendy`s cup with a straw, a red rag, a wicker basket, two receipts from McDonalds and Arby`sand fresh food from Boston Market were recovered from the passenger area of the vehicle. A pair of white shorts and ablack shirt were recovered from the trunk of the vehicle. Detectives Clare and Kimsal conducted a neighborhood canvass of the area of where the suspect bailed out of the stolenvehicle. This is a residential area consisting primarily of private condominiums. They knocked on several doors, butthey were unable to find anyone who witnessed the incident. They also checked with representatives from the threecondominiums in the immediate area where the vehicle came to its final rest to see if they had exterior cameras that mayhave shown the suspect bailing out of the vehicle. They were unable to get any video from those condominiums.10/21/2014Detective Hanley and I attempted to locate Mark Simmons, to question him about the incident. We checked addresses at506 NW 8th Street in Boynton Beach, 1121 SE 3rd Street in Boynton Beach, and 4169 Lakewood Drive in LakeWorth, but we were unable to locate Simmons. These addresses were obtained through recent arrest reports andSimmons` driver`s license. We also went to speak with the victim of the auto theft at 4624 Lucille Drive in Lake Worth, Herbert Lopato. Lopatoadvised us that his vehicle was stolen on three separate occasions and all three times the vehicle was recovered abouttwo days after the thefts occurred. The second time that the vehicle was stolen, Mark Simmons was arrested inside ofthe vehicle and charged with the auto theft. During each of the incidents the suspect entered the unlocked occupiedresidence and took the victims keys, then drove away with the car. Lopato is elderly and as a result of health issues hehas limited mobility and is sometimes unable to get to the front door if fire rescue responds to his house. Because firerescue damaged his front door to rescue him once before, Lopato often leaves his front door unlocked while he is home.Lopato advised that he was shown a picture of Simmons the second time that the vehicle was recovered and he advisedthe detective that he had never seen Simmons before. Detective Hanley showed Lopato a photo of Simmons and he onceagain stated that he had never met Simmons. Detective Hanley showed Lopato pictures of items that were inside of the vehicle so he could identify what was his andwhat wasn`t. The only two items that were in the vehicle that he could identify was the red rag that his care taker, SandyHandcock, left in the vehicle after she cleaned it and the wicker basket. The basket used to sit on his kitchen counter and was full of loose change. Lopato did not realize that it was missing until we showed him the pictures. Lopato told usthat shortly after his vehicle was recovered the second time he was admitted into the hospital, due to health relatedissues. When he was cleared from the hospital and he returned home, his car was cleaned spotless. Later in the dayLatent Fingerprint Technician Jason Neitz advised me that he was able to identify the fingerprints that were lifted off ofthe exterior hood of the vehicle, the exterior of the rear driver`s side door, and the interior rearview mirror as belongingto Simmons. Detective Hanley spoke with Handcock, and she advised that she did clean the exterior and interior of thevehicle after it was recovered the second time, approximately three weeks ago. She also indicated that she specificallycleaned the rearview mirror at that time. Based on the fingerprint identification and the identification made by Officer Clark, Detective Hanley was able obtainan arrest warrant for Simmons for Theft of a Motor Vehicle and Fleeing and Eluding an Officer. 10/24/2014 I was advised by Detective Hanley that a second set of fingerprints, belonging to W/F Kimberly Pickrell (DOB08/03/1970), were lifted off of the exterior of the stolen vehicle. Detective Hanley and I drove to the last known address


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for Pickrell, which was 4432 Flows Way in Lake Worth. When we arrived at the residence we knocked on the door, butthere was no answer. While doing a neighborhood canvass we received information from a residence, who asked toremain anonymous, on the whereabouts of Pickrell. We followed the resident as she drove to Pickrell`s new residenceand pointed out the house, which was located at 3813 Coconut Road in Palm Springs. Detective Hanley showed theresident a photo of Simmons and she told us that she had seen Simmons with Pickrell, but she only knew him as, "FatFat." Prior to making contact with Pickrell and possibly Simmons at the house we made contact with members of the PalmSprings Police Department and the Palm Beach County Sheriff`s Office and we requested their assistance. As we weresurrounding the area around the house a team of officers approached the house. Pickrell spotted the group of policeofficers coming up the street and she quickly ran home to notify Simmons that we were coming. Once alerted to ourpresence, Simmons ran out of the house northbound, then he jumped the fence to the west. After a brief chase we wereable to take Simmons into custody for the active warrants. While Simmons was being transported to the Palm Springs Police Department, Detective Hanley and I interviewedKimberly Pickrell, who was inside of her house. She told us that she met Simmons about five months ago through amutual friend and had offered him a place to stay at her house because he had nowhere else to go. She explained to usthat Simmons had been driving a newer model white "Nissan" around for a little while. She also told us that he wasdriving an older unknown make white vehicle for a couple of days in the last month. When she asked him about wherethe vehicles came from, he told her that a friend was letting him borrow them. She told us that she never went inside ofthe vehicles, but she was around the outside of the vehicles and she may have touched them. She told us that she lastsaw Simmons driving one of the white vehicles during the day on Thursday October 16th, which was the same day asthe incident in Boca Raton. Pickrell told us that Simmons was the only person who she ever saw in the vehicles. Thefollowing morning on Friday, October 17th, Simmons showed up at Pickrell`s house on a bicycle. He was carrying foodand he offered to make her breakfast. Pickrell never saw the vehicle again and when she asked where the vehicle washe told her that he gave it back to his friend. It should be noted that, Pickrell told us that Simmons arrived at her house a couple of weeks ago, around the time hestarted showing up in the white Nissan, and that Simmons was carrying a silver 17 inch HP lap top computer. Lopatoreported that a silver 17 inch HP laptop computer was stolen from his house when his vehicle was stolen this last time.Pickrell only saw the computer once and Simmons took it with him when he left the house the day after she saw it. After we were through speaking with Pickrell, Officer Hanley and I responded to the Palm Springs Police Departmentto speak with Simmons. Detective Hanley advised Simmons of his Constitutional rights prior to any questions about theincident, and Simmons advised that he understood his rights and he agreed to speak with us. According to Simmons, he had been arrested in Lopato`s vehicle on two prior occasions. Both times he received thevehicle from a guy named "Kyle"(LNU). He stated that he had no idea how Kyle gained possession of the vehicle in thepast. He denied numerous times that he was in possession of the vehicle the third time the vehicle was taken and he alsodenied being involved in the incident in Boca Raton. We advised Simmons several times that his fingerprints were liftedoff of the interior and exterior of the stolen vehicle. We also told him that we lifted Pickrell`s fingerprints off of theexterior of the vehicle. After repeating these facts to him numerous times he finally told us that he was in fact inpossession of the vehicle recently, for a third time. According to Simmons, he once again received the vehicle from his friend Kyle, and that Kyle was given the vehicle inexchange for crack. The night the vehicle was taken Simmons walked to Kyle`s trailer, which is in the same trailer parkas Lopato`s trailer. Kyle and he walked to the "old man`s" (Lopato) trailer so Kyle could sell him some crack. Kylewent into the trailer, while Simmons remained outside the entire time. A short time later Kyle came out of the trailer andthe two of them left in Lopato`s vehicle. Simmons told us that Lopato gave his vehicle to Kyle, in addition to somemoney, in exchange for crack. However, Simmons did not see Kyle carrying anything out of the apartment. Simmons


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also advised that he had actually met Lopato in the past, although Lopato denied ever meeting Simmons. Simmons was unable to provide us with Kyle`s last name or with a phone number to call him. He told us that the onlytime that he sees Kyle is when he visits Kyle at his trailer. He provided us with directions to Kyle`s trailer and I drew amap of the trailer park based on Simmons` description of the park and where Kyle lives. The map did not match theactual configuration of the trailer park, so we were unable to locate Kyle, if he does in fact exist. Simmons describedKyle as 5`5", a dark skinned white male, dark straight hair with facial hair. We asked Simmons several times about his involvement in the incident in Boca Raton and he denied ever being in BocaRaton at the time of the incident or having anything to do with a traffic stop in Boca Raton. Detective Hanley asked himwhy he was seen by Pickrell in Lopato`s vehicle the day of the incident in Boca Raton and why Pickrell saw him in on abicycle the following morning. He told us that he was dropped off at Wal-Mart the night before he returned to Pickrell`shouse, he picked up some food, then he waited outside of Pickrell`s house until she woke up the following morning.

10/29/14 Detective Hanley and I drove to Herbert Lopato`s trailer to re-interview him concerning the allegations that Simmonsmade to us about Lopato during his interview. Lopato reiterate to us that he had never personally met Simmons in thepast. He told us that he never gave anyone permission to take his vehicle from his property. He told us that he has nevertaken any narcotics that have not been prescribed to him, to include crack cocaine. Lopato has no criminal history and Ihave not seen any evidence that would cause me to believe that he has been involved in previous drug transactions.Lopato`s trailer was very clean and there was no evidence of illegal narcotics or paraphernalia inside. Lopato alsodenied knowing anyone in the trailer park by the name of Kyle. 10/29/2014 I received a copy of the radio transmissions for the time period of the incident and listened to them. The following is asynopsis of the radio traffic involving this incident: When Officer Clark first notified dispatch that he was behind apossible stolen vehicle, the system advised that the date was 10/16/2014 and the time was 8:53 P.M. Officer Clarkadvised that the vehicle was a white Honda with a Florida license plate number of 430PXI and dispatch confirmed thatthe vehicle was reported stolen out of Palm Beach County. Officer Clark advised that he was at the 800 block of SouthFederal Hwy., southbound, behind the vehicle. Two different units advised that they were enroute to Officer Clark`slocation. At 8:55 P.M. Officer Clark advised that he was going to conduct a traffic stop on the stolen vehicle at 174 East CaminoReal and he requested emergency traffic. Seconds later, Officer Clark advised that the vehicle was taking off eastboundand that shots had been fired. He also advised that he was attempting to catch up to the stolen vehicle eastbound on EastCamino Real. When Sergeant Adams asked what crime had been committed other than the stolen vehicle, Officer Clarkresponded by saying, "he took off when I tried to open the door." When Sergeant Adams advised that he did not copy,dispatch then asked Officer Clark for clarification. Officer Clark then advised, "agg. assault on a LEO." Officer Clarkadvised that he was in pursuit of the suspect vehicle. Eventually, Officer Clark advised that he lost sight of the vehicleand was returning back to the city. Shortly after, another officer advised that he received information from witnesses that the suspect was in the area of theWyndham Hotel in Deerfield Beach, southbound on "20th street." Officer Buckheit advised that the suspect vehiclewas located at "23 S.W. 2 Avenue" where the driver bailed out on foot, westbound from the vehicle. The witnessesadvised that the driver of the stolen vehicle was a Hispanic male, wearing khaki shorts and converse sneakers. After anextensive search, units were unable to locate the driver of the vehicle. Officer Clark advised that the incident occurred in front of 174 East Camino Real. He stated that there was glass on theground where the incident occurred. A unit advised that they were at the scene and the scene was secured for


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investigation. Since the night of this incident, I have been communicating with members of the Palm Beach County State Attorney`sOffice. I have updated them with the progress of the case and they are aware of the details of this investigation. Basedon all of the facts available throughout this investigation it has been determined that the only charges that are going tobe filed with the state attorney`s office at this time are the two counts, theft of a motor vehicle and fleeing and eluding,against Mark Simmons.


Agency Name

ORI

OCA/CAD #

Incident Type

Incident DateIncident Location

Call Out Time Arrival Time Deploy Time Clear Time Time Spent Weather

ACTIVITY TYPE CNT LOC TYPE OUTCOME SUBSTANCE FOUND AMOUNT UNIT VALUE

Officer Name (ID #) / Canine Officer Signature Supervisor Signature

Date/Time Submitted

Evaluation Type

Case StatusFurther InvestigationInactiveClosed / ClearedClosed / Leads Exhausted

Case DispositionUnfoundedCleared By ArrestCleared By Arrest by Another AgencyDeath of Offender

Juvenile / No Custody Extradition DeclinedRefuse to Cooperate

AGENCY

INFO

DEPLOYMENT

INFO

ACTIVITY

NARRATIVE

ID

STATUS Page _____Prosecution Declined

Location of Canine Activity

BOCA RATON POLICE DEPARTMENT

FL 0500200 B0009

2014-013614

CLEAR4.58 Hours

TRACKING

CANINE USAGECANINE REPORT

MERCER, S. (694) / LOKI

10/17/2014 01:40

10/16/2014 20:54

10/16/201420:56

10/16/201421:05

10/16/201421:07

10/17/201401:40

45

1NOTHING LOCATED

$0.00

174 E CAMINO REAL, BOCA RATON, FL 33432

Agency Name

ORI

OCA/CAD #

Incident Type



AGENCY

INFO

DEPLOY

MENT

INFO

Detailed Activity ListBOCA RATON POLICE DEPARTMENT

FL 0500200 B0009

2014-013614

CLEAR4.58 Hours


10/16/2014 20:54

10/16/201420:56

10/16/201421:05

10/16/201421:07

10/17/201401:40

Activity:

Count:

Activity Locatn:

Item Found:

Locatn Found: Height: Depth:

Value:

Outcome: Activity Rating:

Decoy Agitator:

Notes: Tracking/Stolen Vehicle bailout-355 Southeast 21st Avenue Deerfield Beach, 33411

Temp-72Wind-NE 4mphTerrain-black top, concrete, dirt, grass and sandDelay-approx.6 minutes

K9 Loki and I responded to a stolen vehicle bailout at 355 SE 21st Avenue Deerfield Beach. I arrived on scene at theintersection of Southeast 4th Street and South Ocean Way Deerfield beach. Previous to arrival I heard, over the radio,Ofc. Clark had stopped a stolen vehicle, which was a white Honda bearing FL-430PXI. Ofc. Clark advised shots firedover the radio and he had aggravated assault on a LEO for charges. I arrived to find the white Honda facing west boundat the intersection. Witnesses all pointed down the street and advised the suspect ran south down the middle of SouthOcean Way. Ofc. Van Camp and BSO canine came with me as back up officers along the track.

I gridded K9 Loki to the middle of the road where he located a track and we headed south. K9 Loki then pulled us westalong SE 7th Street to SE 20th Avenue (AIA). BSO advised a witness saw a possible suspect run into the building justnorth of my location. However, I responded and discovered it was the building north of the stolen vehicle where I hadstarted. I cleared the building. BSO then took up the track where I left off and I gridded the area of the beach from the400 block south to the 1300 block. K9 Loki and I then gridded the houses on SE 18th Avenue from SE 4th Street downto SE 6th Street with negative results. We then left the area.

TRACKING

1

NOTHING LOCATED

$0.00Amount: 0.00

Page _____46

Agency Name

ORI

OCA/CAD #

Incident Type



ACTIVITY TYPE CNT LOC TYPE OUTCOME SUBSTANCE FOUND AMOUNT UNIT VALUE

Officer Name (ID #) / Canine Officer Signature Supervisor Signature

Date/Time Submitted

Evaluation Type

Case StatusFurther InvestigationInactiveClosed / ClearedClosed / Leads Exhausted

Case DispositionUnfoundedCleared By ArrestCleared By Arrest by Another AgencyDeath of Offender

Juvenile / No Custody Extradition DeclinedRefuse to Cooperate

AGENCY

INFO

DEPLOYMENT

INFO

ACTIVITY

NARRATIVE

ID

STATUS Page _____Prosecution Declined

Location of Canine Activity

BOCA RATON POLICE DEPARTMENT

FL 0500200 B0009

2014-013614

PARTLY CLOUDLY2.92 Hours

TRACKING EXERCISE


LYMAN, S. (661) / MAX

10/17/2014 01:34

10/16/2014 12:30

10/16/201422:12

10/16/201422:39

10/16/201422:51

10/17/201401:34

47

1NOTHING LOCATED

RES $0.00

174 E CAMINO REAL, BOCA RATON, FL 33432

INCIDENT/INVESTIGATION Boca Raton Police Department …Boca Raton Police Department 2014-013614 FL...

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