MEMORANDUM OF INVESTIGATION Introduction -...

U.S. Department ct Justice

Office of the I n~or Genera MEMORANDUM OF INVESTIGATION

Case Number:

2016-004950

lnteJ\liew ofTrampas McCrae

Introduction

Repating Office:

Washington Field Office

On October 17, 20 16, Senior Special Agent (SSA) Russell W. Cunningham and SAD. Nichole Fleming, Department of Justice (DOJ), Office of the Inspector General (OIG), Detective Ron Brown, Deschutes County Sheriffs Office, Bend, Oregon, Assistant United States Attorneys (AUSA) Pamala R. Holsinger and Charles F. Gorder, conducted a voluntary inteJ\liew of Oregon State Police (OSP) Detective Trampas McCrae, related to the shooting of Robert "Lavoy" Finicum on January 26, 20 16. The interview was conducted at the Deschutes County Sheriff's Office located at 63333 US-20, Bend, Oregon 9770 I . Prior to the begiMing of the interview, McCrae was informed of the voluntary nature and the scope of the interview. Additionally, McCrae was given tin1e to review reports be authored and statements be has previously given regarding the incident, prior to the beginning of this interview. Also present during the interview were Mark Banks, OSP Union Representative and Derek Budz ik, OSP attorney and legal representative of McCrae.

General Information

McCrae was identified as Officer K in the case file of the Major Incident Team 's death investigation of Lavoy Finicum.

McCrae reviewed and identified several photos of Federal Bureau of investigation (FBI), Hostage Rescue Team (HRT) operators.

McCrae provided infonnation regarding his arrival and departure from the shooting scene. McCrae stated that he saw# 3 and # 19 flashbangs, but was not the one who marked it with an evidence placard. Fu1i her, McCrae identified # 12 as a pile of four less lethal casings that were in the roadway when he got there. McCrae looked for shell casings on the scene but did not locate any.

Additionally, McCrae was the second interviewer assisting OSP Detective Scott Hill in the second interview of several Federal Bureau oflnvestigation (FBI), Hostage Rescue Team (HRT) members regarding the shooting incident. According to McCrae, he and Hill believed that the HRT members were hiding something and lying as they would not answer the questions being asked of them and were vague when they did answer questions. McCrae was shown pictures of various HRT operators, and picked out

and Joe Astarita as two of the three HRT operators he interviewed with Hill . McCrae stated that Astarita did not speak during the interviews.

Attachments

• Copy of various photos of HRT operators, undated.

~ ... -.-i....._.._ Special Agent Name and Si91ature: Date: Reviewer: ---o&.Cl'IO'tcOn~ ' ~..,....-,.CUMilUto-.; <;3~ ;:;.o,..,... .. 1,a1o, .. gt - ~ ~~MJ.~-0..

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D. Nichole Fleming ~ ... ,

November 9, 2016 ASAC Scott M. Barden 0.11t:,C.!.IIOl•llt:J•W

OIC Form 111-207/2 (04/23107) Thlsdocvnmt contains 1ie/thfir reco,rmendalionsnor conclusonsof the IG. II is the prO{)fJl'ly of the IG and ls loaned to ycu agency; It and its contenls .re nol to be disribued outs de of ycu agency.

Produ c e d Pur s uant to Protective Orde r WJ A 0002722

J.N.

Case 3:17-cr-00226-JO Document 79-4 Filed 04/19/18 of 7

Produced Pursuant to Protective Order WJA 0002723

Photograph RedactedCase 3:17-cr-00226-JO Document 79-4 Filed 04/19/18 of 7


Photograph Redacted


MEMORANDUM OF INVESTIGATION Introduction -...

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