Case Facts

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Complaint #1

Officer P. Steele – Text messaged or phoned Samantha J. May (suspects roommate) while on scene and during the investigation and provided details about the status of the investigation. 

Officer P. Steele – Text messaged or phoned Samantha J. May (suspects roommate) while on scene and during the investigation and provided details about the status of the investigation. 

Officer P. Steele – Failed to utilize and/or properly preserve BWC.

Officer T. Toumasis – Failed to utilize and/or properly preserve BWC.

Officer Huff – Failed to utilize and/or properly preserve BWC.

Officer Barakat – Failed to utilize and/or properly preserve BWC.

Officer S. Pastore – Failed to utilize and/or properly preserve BWC.

Officer S. Pastore – Attentiveness to Duty.  Video 7 (BCPD077_LL0077) 22:24:52, Officer Pastore relieved Officer Salazar at the front entrance to the crime scene.  Officer Pastore failed to write a supplemental narrative detailing his actions on scene and involvement in the investigation.  Further, he never made an entry that he was officially taking over the crime scene log at that point.  There is no mention in any reports that he was responsible for the crime scene, the duration that he was responsible or at what point he was relieved.

Officer S. Pastore – Falsify or direct that official documents be falsified (Crime scene log). Video 8 (BCPD042_LL0042) 22:40:35, Officer Pastore is speaking with Officer Calzada who is completing the crime scene log. Officer Pastore says to him, “You are putting all the same times, right?” They then discuss the times and Officer Pastore tells Officer Calzada “just to make it easy, just to even it off.” The purpose of a crime scene log is to document everyone that entered the crime scene, the date and time they entered and left and their purpose for being inside. Police work isn’t always convenient, and both of these officers had a duty to accurately report these details or at least document a reason why they are not known with certainty rather than “just to make it easy.” Further, because Officer Pastore makes it clear that he has a personal relationship with the suspect, he should not be directing anything on the scene, let alone the falsification of the time on the log Video 8 (BCPD042_LL0042) 22:41:50.

Officer S. Pastore – Unlawful dissemination of sensitive information pertaining to an active and ongoing criminal investigation.  Video 9 (BCPD077_LL0077) 22:42:20 (22:44:09 – Pastore states “I’m saying on camera, so everybody knows”.  He knew it was wrong to communicate with anyone.)  22:49:38 – Pastore states “see,
missed call” and then shows the officer his phone, pointing to a missed call.  Video 23 (BCPD077_LL0077) 02:11:24 Officer Salazar asks Officer Blake how the suspects family is acting now.  His response is “They’ve calmed down knowing their family member is still alive.  They found out and I didn’t tell them”.  Video 28 (BCPD074_LL0074) 01:13:29, Officer Sharma is speaking with Hillary (JP’s then girlfriend) and she stated “Pastore had said as soon as they are done in the house, I can go grab something”.  Video 29 (BDCP005_LL0005) 02:16:20, Officer Blake tells James Morgan, “Your uncles standing up there, he’s fine.  I visibly saw him standing there.  During this conversation, James Morgan replies, “it’s still sad too, Dingman was a good friend of the family.” 

Officer Blake very awkwardly tries to respond without providing details.  James Morgan tells him “I’ve got a lot of friends,” indicating that someone has already told him who was lying dead in the road.  The conversation continues and Officer Blake attempts to ascertain whether the victim’s wife knows yet.

Officer S. Pastore – Use of departmental or personal cellular phone to call or text information regarding an ongoing and active criminal investigation.

Officer Salazar – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Officer Salazar Supplemental Narrative, page 44 of 67, paragraph 5 reads: I observed a separate white male adult crouching near Mr. Dingman who appeared upset.  I noticed he had medium length blonde hair, facial hair and was wearing a white shirt with blood near the shoulder area and blue jeans which also had blood on them.  This account was echoed by Detective Wibrew who wrote in his narrative page 22 of 67, #3, That BCPD Officer A. Salazar (P#309) was the first BCPD officer to arrive on scene, contacted John “JP” Morgan, who was at Dingman’s body and asked, “who shot him?”, to which Morgan advised, “I did”, which resulted in Ofc. Salazar detaining Morgan by placing him into handcuffs. Video 17 (BCPD077_LL0077) 23:57:19, Officer Salazar is telling Detective Wibrew that when he “arrived it looked like he (JP) was checking on him (Dingman), he was by him.”

That information, reported as a fact is contradicted by video 2 (BCPD077_LL0077) 20:56:49       In this video, Officer Salazar is seen confronting JP immediately upon arriving and JP is 30 plus yards away from Scott Dingman, holding a phone to his ear and speaking with dispatch (cross reference the 911 call).  Officer Salazar then directs JP to move towards Scott and directs him onto the ground near Scott.  JP was not rendering aid to Scott which was ultimately falsely reported and one of the 3 leading reasons the District Attorney stated for declining prosecution.  Video 3 (BCPD005_LL0005) 21:03:19, Officer Salazar is standing near Scott Dingman and pointing towards 752 Fairway and states to another officer, “So, somewhere over there is where they live, because he (JP) was running from over there somewhere.”  Officer Salazar either intentionally falsified his report or failed to be attentive to his duty when writing his report and documenting the crucial facts of his initial observations, neglected his duty to be thorough and accurate in his actions, acted with dereliction of his duty as a peace officer, all of which is gross maleficence by simply not taking the time to review his BWC footage, which was evidence readily available to him prior to writing his report.  Had he, he would not have falsely reported this important fact. 

Officer Salazar – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Officer Salazar was the first officer to arrive on scene and was instrumental in detaining the suspect and securing the crime scene.  Once the scene was considered safe (as demonstrated by the officers’ actions, i.e., officers have holstered their guns), Officer Salazar did not take any steps to check the victim for signs of life and he did not take any steps to render aid to the victim.  As a matter of fact, Officer Salazar began attending to trivial duties such as locating evidence and taking photographs and without ever checking the status of Scott Dingman or communicating with anyone else on the scene, he radioed dispatch and informed them to send medical into the scene to “confirm 419”. 

 

Ultimately, Scott Dingman’s civil rights were violated as he lay in the road bleeding to death for approximately 7 minutes after the scene was deemed safe (Sergeant Woolsey holstered her gun and suspect is secured in handcuffs Video 2 (BCPD077_LL0077) 20:57:40.)  Although Officer Salazar did take steps to provide his sergeant with gloves so that she could render aid, she did not, and he took no further steps to ensure that aid was provided to Dingman and that life savings measures were taken.  Several hours later, in Video 17 (BCPD077_LL0077) 00:11:56, Officer Salazar is speaking with Officer Calzada and states “So we never checked his vitals, to me, he appeared already 419, never made a sound.”  It appears as if Officer Salazar is attempting to make sure that Calzada is on the same page as him for not taking the time to check for vitals or render aid.  Officer Calzada is seen shaking his head in agreement with what Officer Salazar is saying.  Video 21 (BCPD077_LL0077) 01:16:16, Officer Salazar is now talking with Officer Blake, another initial responding officer, and states “I never even touched him, I mean checked his vitals or anything, he looked 419 to me.”  This again sounds as if Officer Salazar is trying to get all the initial responding officers to be on the same page for failing to render aid.  The law under §1983 is clear that officers have civil liability for a failure to intervene when they observe or become aware of unconstitutional conduct and have a reasonable or realistic opportunity to intervene and prevent the harm from occurring.  In this instance, all the initial officers on scene had a very realistic opportunity to safely check the victim for signs of life and render aid if there were any. 

Officer Salazar – Use of departmental or personal cellular phone to communicate via text messaging. Video 21, (BCPD077_LL0077) 01:18:15.

Officer Salazar – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Video 10 (BCPD042_LL0042) 23:07:06, Officer Calzada tasks Officer Salazar with “watching the house.”  Officer Salazar failed to take over the crime scene log, failed to document in his report the times that he was responsible for the crime scene preservation and whether anyone entered or left the residence while he was responsible for the security of the crime scene. 

Officer Salazar – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Video 13 (BCPD042_LL0042) 23:49:12, Officer Calzada requests that Officer Salazar take over the crime scene log again because he is curious about what detectives are doing and wants to be relieved of his duty.  He is asking that he maintain two crime scene logs while he is also responsible for watching the suspects uncle whose involvement is undetermined at this point in the investigation.  Officer Salazar expresses an understanding that this request should not be accepted, however he agrees anyways.  Officer Salazar failed to document on the crime scene log the duration for which he was responsible for the crime scene preservation and whether anyone entered or left the residence while he was responsible for the security of the crime scene, and he failed to document in his report the times that he was responsible for the crime scene preservation. 

Officers Salazar, and Sharma – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty, Falsify Official Documents.  Video 28, (BCPD074_LL0074) 03:38:52, Officer Salazar hands Officer Sharma a crime scene log.  An exchange occurs that makes it obvious that both officers know that nobody has been maintaining the crime scene log.  Officer Salazar failed to mention any of this information in his report and Officer Sharma intentionally falsified the crime scene log and failed to mention in his report that there was ever any discrepancy with the log or security of the crime scene. 

Officer Salazar – Attentiveness to Duty, Officer Salazar Supplemental Narrative, page 44 of 67, paragraph 8 reads:  Officer Calzada and I went to Mr. Dingman to check on his status when I observed Officer Calzada locate a Springfield Armory Hellcat 9mm handgun from under his torso and right hand area.  This is falsely reported and confuses the facts of this case.  The firearm can be clearly seen on multiple videos on the left side of Mr. Dingman’s body.  Officer Salazar failed to be attentive to his duty when writing his report and documenting the crucial facts of his initial observations by simply not taking the time to review his BWC footage, which was evidence readily available to him prior to writing his report.  Had he, he would not have falsely reported this important fact.

Officer Calzada – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Video 1, (BCPD042_LL0042) 20:58:34, Officer Calzada is seen removing the victim’s wallet (evidence item #13) from the rear pocket of the suspect.  Officer Calzada throws the wallet towards Scott Dingman’s body, where it is later photographed and collected as evidence.  Officer Calzada failed to report to anyone that he had removed that wallet from the suspects pocket, and he failed to document his action in his supplemental report.  This is one of the most crucial missteps in the investigation, as the family of the victim maintained the entire time that Scott Dingman had been robbed by the suspect.  Officer Calzada failed to be attentive to his duty when writing his report and documenting the crucial facts of his initial observations, neglected his duty to be thorough and accurate in reporting his actions and committed dereliction of his duty as a peace officer, all of which is gross maleficence by removing evidence from the suspect and placing it in the crime scene near the victim and not reporting this action at all to any supervisor, investigator, or crime scene technician. 

Officer Calzada – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Video 1, (BCPD042_LL0042) 20:58:44, Officer Cazada can be seen removing a single bullet from the left front pants pocket of the suspect and placing it on the ground in front of the suspect on the ground.  In his supplemental report, page 43 of 67, #3, he wrote: While turning the male subject on his side, Officer Calzada observed a loose gold in color, non fired bullet, underneath the male’s waist.  Although the location is accurate, Officer Calzada failed to mention the fact that he removed the bullet from the suspects pocket and placed in on the ground.  He further failed to mention the fact that he placed that bullet there to anyone on the scene, which lead to confusion of the investigators who developed a theory of how the bullet from Scott Dingman’s gun arrived there, which supported a self-defense theory which ultimately tainted the investigation.  Officer Calzada failed to be attentive to his duty when writing his report and documenting the crucial facts of his initial observations and actions, neglected his duty to be thorough and accurate in reporting his actions and committed dereliction of his duty as a peace officer, all of which is gross maleficence by removing evidence from the suspect and placing it in the crime scene and not reporting this action at all to any supervisor, investigator, or crime scene technician.

Officer Calzada – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Officer Calzada was the second officer to arrive on scene and was instrumental in detaining the suspect and securing the crime scene.  Once the scene was considered safe (as demonstrated by the officers’ actions, i.e., officers have holstered their guns and the suspect is in custody), Officer Calzada did not take any steps to check the victim for signs of life and he did not take any steps to render aid to the victim.  As a matter of fact, Officer Calzada began attending to trivial duties such as locating and marking evidence without ever checking the status of Scott Dingman or communicating with anyone else on the scene about the need to do so.  

Ultimately, Scott Dingman’s civil rights were violated as he lay in the road bleeding to death for approximately 7 minutes after the scene was deemed safe (Sergeant Woolsey holstered her gun and suspect is secured in handcuffs that he placed on him Video 2 (BCPD077_LL0077) 20:57:40).  Officer Calzada didn’t take any steps to ensure that aid was provided to Dingman and that life savings measures were taken, even though he admittedly didn’t know if he was dead or alive Video 13, (BCPD042_LL0042) 23:51:36, Officer Calzada explains to Detective DuBois that he moved Scott’s gun “Just in case he woke up and he started shooting again, we didn’t know if he was dead or alive then.”  He then states, “safety first.”  Officer Calzada took steps to ensure his safety, however failed to take any for Scott Dingman’s wellbeing.  Several hours later, in Video 17 (BCPD077_LL0077) 00:11:56, Officer Salazar is speaking with Officer Calzada and states “So we never checked his vitals, to me, he appeared already 419, never made a sound.”  (“Making a sound” has no relevance on whether he had signs of life).  It appears as if Officer Salazar is attempting to make sure that Officer Calzada is on the same page as him for not taking the time to check for vitals or render aid.  Officer Calzada is seen shaking his head in agreement with what Officer Salazar is saying.  The law under §1983 is clear that officers have civil liability for a failure to intervene when they observe or become aware of unconstitutional conduct and have a reasonable or realistic opportunity to intervene and prevent the harm from occurring.  In this instance, all the initial officers on scene had a very realistic opportunity to safely check the victim for signs of life and render aid if there were any. 

Officer Calzada – Falsify official documents (Crime scene log).  Video 8 (BCPD042_LL0042) 22:40:35, Officer Pastore is speaking with Officer Calzada who is completing the crime scene log.  Officer Pastore says to him, “You are putting all the same times, right?”  They then discuss the times and Officer Pastore tells Officer Calzada “just to make it easy, just to even it off.”  The purpose of a crime scene log is to document everyone that entered the crime scene, the date and time they entered and left and their purpose for being inside.  Police work isn’t always convenient, and both officers had a duty to accurately report these details or at least document a reason why they are not known with certainty rather than “just to make it easy.”  There is no mention in Officer Calzada’s report of his management of the crime scene log. 

Officer Calzada – Attentiveness to Duty.  Video 8, (BCPD042_LL0042) 22:48:12, Officer Sharma provides Officer Calzada with a separate crime scene log.  Officer Calzada takes the crime scene log and fails to document in any report the time that he was responsible for the crime scene log or who he received it from. 

Officer Calzada – Attentiveness to Duty.  Video 6, (BCPD0042_LL0042) 22:11:32, Officer Calzada is speaking with a witness who is showing him the content captured on his Ring doorbell camera.  Officer Calzada identifies a point of interest and asks the witness to pause it at that point and tells him that detectives might want to see that.  Officer Calzada does not relay this information to the detectives and does not document it in his report. 

Officer Calzada – Attentiveness to Duty.  Video 10, (BCPD042_LL0042) 23:07:06, Officer Calzada tasks Officer Salazar with “watching the house.”  Officer Calzada failed to provide Officer Salazar with the crime scene log, failed to document in the crime scene log that the log was taken over and by whom and further failed to document any details about the crime scene log in his report. 

Officer Calzada – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Video 13 (BCPD042_LL0042) 23:49:12, Officer Calzada requests that Officer Salazar take over the crime scene log again because he is curious about what detectives are doing.  He is asking that he maintain two crime scene logs while he is also responsible for watching the suspects uncle whose involvement is undetermined at this point in the investigation.  Officer Salazar expresses an understanding that this request should not be accepted, however he agrees anyways.  Officer Calzada failed to document on the crime scene log the duration for which he was not responsible for the crime scene preservation and at what point he took it back.  He further failed to document in his report the times that he was not responsible for the crime scene preservation and whom was.

Officer Calzada – Intentionally disobey a direct and lawful order.  Video 22 (BCPD042_LL0042) 01:24:56, Officer Calzada approaches Commander Johnson and asks at what point his BWC can be turned off.  Commander Johnson responded by telling him when they are done.  At 01:35:50, less than 11 minutes later, he approaches Sergeant Woolsey and asks her the same question.  She gives him permission to turn it off. 

Officer Blake – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Officer Blake was the third officer to arrive on scene and was instrumental in securing the crime scene.  Once the scene was considered safe (as demonstrated by the officers’ actions, i.e., officers have holstered their guns), Officer Blake did not take any steps to check the victim for signs of life and he did not take any steps to render aid to the victim.  As a matter of fact, Officer Blake began attending to trivial duties such as locating and marking evidence without ever checking the status of Scott Dingman or communicating with anyone else on the scene that they needed to check his status or render aid.  

Ultimately, Scott Dingman’s civil rights were violated as he lay in the road bleeding to death for approximately 7 minutes after the scene was deemed safe (Sergeant Woolsey holstered her gun and suspect is secured in handcuffs Video 2 (BCPD077_LL0077) 20:57:40).  Several hours later, in Video 21 (BCPD077_LL0077) 01:16:16, Officer Salazar is talking with Officer Blake, and states “I never even touched him, I mean checked his vitals or anything, he looked 419 to me.”  This sounds as if Officer Salazar is trying to get all the initial responding officers to be on the same page for failing to render aid.  The law under §1983 is clear that officers have civil liability for a failure to intervene when they observe or become aware of unconstitutional conduct and have a reasonable or realistic opportunity to intervene and prevent the harm from occurring.  In this instance, all the initial officers on scene had a very realistic opportunity to safely check the victim for signs of life and render aid if there were any.  

Officers Salazar, and Blake – Attentiveness to Duty, Video 3, (BCPD005_LL0005) 21:16:50, Officers Salazar and Blake placed the suspect in the rear seat of a patrol vehicle and left the police radio turned on.  The suspect was able to listen to all broadcasted police radio traffic for the duration of the time he was placed in the vehicle, until Video 5, (BCPD077_LL0077) 21:53:58 when Officer Salazar realized the radio had been left on.

Officer Blake – Attentiveness to Duty, Video 3, (BCPD005_LL0005) 21:18:50, A woman carrying a small child who identified herself as the suspects sister enters the crime scene and is stopped by Officer Blake.  He escorted her out of the crime scene and failed to make any mention of her being inside the crime scene in his report.  Further, he failed to properly identify her and did not convey any of her information or mention her presence to the officer in charge of the crime scene log.  Her information is not listed as being present in the crime scene.

Officer Blake – Dereliction of Duty.  Video 3, (BCPD005_LL0005) 21:22:41, Officer Blake contacts two witnesses and fails to collect witness statements or identify them.  He further fails to document any details they provided him in a supplemental report.

Officer Blake – Dereliction of Duty.  Video 3, (BCPD005_LL0005) 21:24:11, Officer Blake contacts two witnesses and fails to collect witness statements or identify them.  He further fails to document any details they provided him in a supplemental report.

Officer Blake – Making disparaging or unprofessional remarks about a supervisor.  Video 3, (BCPD005_LL0005) 21:27:22, Officer Blake is discussing many unknown circumstances about the status of the crime scene with Fire Department Personnel.  The conversation implies that the problem is the on-scene supervisor, Sergeant Woolsey and Officer Blake makes the statement, “Yeah, hot mess as you known.”

Officer Blake – Use of departmental or personal cellular phone to communicate via text messaging.  Video 28, (BCPD074_LL0074) 01:34:34, Officer Blake is seen using his phone to send/receive text messages. 

Officers Blake, and Sharma – Use of departmental or personal cellular phone to communicate via text messaging.  Video 29, (BCPD005_LL0005) 01:49:35, Officer Blake states to Officer Sharma, I’m probably going to get a complaint for being on my phone.  I was texting our group though.”  At that point, Officer Sharma can be seen pulling out his phone and sending a text message.

Officer Blake – Use of departmental or personal cellular phone to communicate via text messaging.  Video 29, (BCPD005_LL0005) 03:50:06, Officer Blake receives a text message that presumably advises him to end the call. 

Officer Sharma – Attentiveness to Duty.  Video 8, (BCPD042_LL0042) 22:48:12, Officer Sharma provides Officer Calzada with a crime scene log.  Officer Sharma did document in his report that he was tasked with the crime scene log, however he failed to make any mention of turning it over to Officer Calzada or at what point.  There is no documentation to support consistency in the crime scene preservation. 

Officer Sharma – Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty, Failure to Utilize and or Properly Preserve BWC Evidence.  Video 12, (BCPD074_LL0074) 23:38:24, Officer Sharma and an unidentified officer escort JP to the restroom where he is allowed to have privacy.  Nobody watched over the suspect to ensure that he didn’t discard or change the condition of his person and clothing prior to being photographed.  Further, Officer Sharma did not document in his report that the suspect was allowed to use the restroom and allowed privacy.

Officer Sharma – Failed to utilize and/or properly preserve BWC.  Officer Sharma was responsible for transporting the suspect to the police department.  There is no BWC footage available to document the transportation or any conversations that ensued. 

Unidentified Officer – Use of departmental or personal cellular phone to call or text information regarding an ongoing and active criminal investigation.  Video 12, (BCPD074_LL0074), 23:27:58.  Officer Sharma tells the unidentified officer to text Detective Wibrew.  The officer is seen texting on his phone. 

Unidentified Officer – Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty, Failure to Utilize and or Properly Preserve BWC Evidence.  Video 12, (BCPD074_LL0074) 23:38:24, Officer Sharma and an unidentified officer escort JP to the restroom where he is allowed to have privacy.  Nobody watched over the suspect to ensure that he didn’t discard or change the condition of his person and clothing prior to being photographed.  Further, Officer Sharma did not document in his report that the suspect was allowed to use the restroom and allowed privacy. 

Sgt. WoolseyFailure to supervise.  Sgt. Woolsey was the ranking official of this scene until such time that she was properly relieved.  All the above misconduct occurred while she was on scene and failed to supervise.  She gave confusing and contradicting direction to the officers on scene, and she failed manage the crime scene with the professionalism that a scene of this magnitude deserves.  As a result, officers lacked direction and had to guess at what to do.  Additionally, she was aware that Officer S. Pastore had a personal relationship with the suspect, and she did not take any steps to ensure that he was kept away from critical roles of the investigation.  As a matter of fact, she allowed Officer Pastore to wonder around the scene, in and out of the suspects residence and never ensured that he completed a report to document his actions.  Because of her failure to supervise, there is no accountability for the crime scene preservation, evidence within the residence and the crime scene in the street was contaminated with her officers introducing evidence into the scene which confused investigators.

Sgt. Woolsey – Failed to utilize and/or properly preserve BWC.  As the supervisor on the scene, she should have known the importance of utilizing and or properly preserving the BWC footage that was or could have been captured on her BWC.  Video 22, (BCPD042_LL0042) 01:35:50, In a discussion with Officer Calzada and in response to his question of when he can turn his camera off, she answers “I didn’t turn mine off until I left.”

Sgt. Woolsey – Failure to supervise and Use of Departmental or Personal Cellular Phone to Communicate Via Text Messaging.  There are numerous examples of Sgt. Woolsey utilizing text messaging herself and allowing officers on scene to utilize text messaging as a form of communication rather than the use of the police radio.  This has resulted in all that communication being lost and unavailable now as the city policy prohibits text messaging, therefore there is no retention policy for the message contents.  Video 21, (BCPD077_LL0077) 01:18:16, Video 28, (BCPD074_LL0074) 01:34:34, Video 29, (BCPD005_LL0005) 03:50:15.

Sgt. Woolsey – Failure to Supervise, Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty.  Sgt. Woolsey was the ranking officer on scene and the third officer to arrive, mere seconds after Officers Salazar and Calzada.  She immediately demonstrated she was in charge by directing officers to take actions on the scene.  Once the scene was considered safe (as demonstrated by the officers’ actions, specifically, she has holstered her gun), Sergeant Woolsey failed to check Scott Dingman for vitals or render aid to him.  As a matter of fact, Sergeant Woolsey was provided a pair of gloves by Officer Salazar so that she could protect herself from the visible blood on Scott’s body, however, rather than checking his vitals, she stood over him and spoke down at him stating “Sir, Sir.”  After receiving no response, she communicated that to dispatch.  She finally knelt on the right side of Scott’s body and appears to tap his side and receives no response.  Although tapping someone can be an initial method of evaluation, it absolutely does not satisfy the medical necessity of checking for vitals, i.e., a pulse.   No medical or first responder training states that if you tap someone and they do not respond that no further evaluation is necessary.  To the contrary, the only way to check for signs of life, without the aid of other equipment is to check for a pulse, which is the first thing that medical personnel did when they arrived on scene, even though they had been told that Scott was already dead.  They took that action because that step cannot be taken for granted.  Rather than trying to save Scott Dingman’s life, Sergeant Woolsey began assigning tasks to her officers and told them to take advantage of the time to take pictures before medical arrived.

Ultimately, Scott Dingman’s civil rights were violated as he lay in the road bleeding to death for approximately 7 minutes after the scene was deemed safe (Sergeant Woolsey holstered her gun and suspect is secured in handcuffs Video 2 (BCPD077_LL0077) 20:57:40.)  The law under §1983 is clear that officers have civil liability for a failure to intervene when they observe or become aware of unconstitutional conduct and have a reasonable or realistic opportunity to intervene and prevent the harm from occurring.  In this instance, all the initial officers on scene had a very realistic opportunity to safely check the victim for signs of life and render aid if there were any. 

 

Detective Wibrew – Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty and Conduct Unbecoming of an Officer.

Detective Wibrew was the primary investigator responsible for a thorough and complete investigation into the homicide of Scott Dingman.  In the initial review of the crime scene, Detective Wibrew, Lt. Healing and others on scene developed a theory that supported JP Morgan’s claim of self-defense that revolved around one single brass 9mm round that belonged to Scott Dingman being located under the body of the suspect when he was taken into custody.  Loosely, that theory was that the victim had obviously presented a gun that misfired, he conducted an emergency action drill, ejecting a round onto the ground.  This gave the suspect time to respond in self-defense, saving his own life by shooting and killing Scott Dingman Video 16, (BCPD042_LL0042) from 23:54:00 begins a conversation with Detective Wibrew explaining and demonstrating what that would have looked like.  In this conversation, he is speaking to Officer Calzada and Officer Salazar.  Officer Calzada never corrects him about how the round got there and tells him that he observed it when he rolled the suspect over, even though he is seen removing the round from the suspect’s pocket, Video 1, (BCPD042_LL0042) 20:58:34.  Officer Salazar incorrectly tells Detective Wibrew at 23:57:16 that when he arrived “it looked like he (suspect) was checking on him (victim)”.  This is absolutely contradicted by his BWC footage, Video 2 (BCPD077_LL0077) 20:56:49.  This theory grew a life of its own and ultimately led to a flawed investigation based on an anchored bias that was developed early in the investigation.  This can be seen echoed numerous times by other investigators sharing this theory as if it was a fact that was actually known to them at the time.  Video 16, (BCPD042_LL0042) 00:08:04, Lt. Healing is explaining investigative steps that would be taken if this thing wasn’t so “cut and dry”.  This is an example of unnecessary arrogance that led to all investigators “closing the case” before the suspect had even been interviewed. 

Detective Wibrew had evidence readily available and at his disposal, in the form of body warn camera footage (BWC) from initial responding officers that he should have reviewed.  Had he not neglected his duty as an officer/detective and taken the time to review the BWC footage, he would have found that not only did Officer Calzada remove that round from the suspects pocket and place it on the ground where it was located, but he would have also learned that Officer Calzada removed Scott Dingman’s wallet (evidence item #13) from the suspect and threw it near Scott Dingman’s body, where it was later photographed and collected, Video 1, (BCPD042_LL0042) 20:58:34.  He would have also learned that when Officer Salazar arrived on scene that the suspect was in fact nowhere near the victim and definitely not rendering aid or checking on him, as he falsely wrote in his report, Video 2 (BCPD077_LL0077) 20:56:49.  This action can be cross referenced by the 911 call that the suspect made to dispatch.  The audio matches Officer Salazar’s BWC footage.  Further, Detective Wibrew was also responsible for the interview of the suspect at the police station.  During that interview, Detective Wibrew was told by the suspect that he had that round in his pocket from earlier in the evening and offered an explanation as to why he had it.  Detective Wibrew wrote in his report, page 29 of 67, #18 – Morgan explained that while in the kitchen, Dingman was showing his gun to him and Suvaco and that while in the kitchen, Dingman ejected a live round of 9mm ammunition from his gun, which Morgan explained that he had later placed in his pocket.  Even without the benefit of watching the BWC footage to see the round removed by Officer Calzada, Detective Wibrew heard firsthand from the suspect as to why the round was there and was inattentive in his duties that he never revisited the initial theory of self-defense that came from the round location.  Even if Officer Calzada doesn’t remember and never reported removing the round, Detective Wibrew knew or should have known that it wasn’t from an ejected round from Scott Dingman’s gun. 

Because Detective Wibrew had developed a bias in his investigation and in his mind had already solved this case, he began to eliminate and discount obvious investigative techniques and opportunities.  First, Detective Wibrew discounted the testimony of the eyewitness who was the initial 911 caller and told the DA’s office that he did so because the witness could not have seen what he said he saw from the distance he was at.  He would later write in his report a statement that contradicts his own reasoning for discounting the witness.  Detective Wibrew wrote on page 31 of 67, paragraph 3: On 06/02/2021, at approximately 1118 hours, Detective C. Gelson (P#334) and I arrived at 1432 Pueblo Drive to view the vantage point that Henn described.  Upon arrival, we were unsuccessful in contacting any occupants of the residence.  While at the property, I walked along the left side of the property’s backyard gate/wall (on the outside of the backyard).  While at the backyard gate/wall, I observed that the area where the decedent’s body was located (indicative by a still-visible demarcation in the roadway) was visible from this vantage point of 1432 Pueblo Drive.  The mere fact that he was able to see a demarcation line in the roadway would cause a reasonable person to believe that a person should be able to see two grown and large men, near or greater than 6 feet tall at that same distance.  However, because Detective Wibrew had already decided that this was a self-defense case, it was easier to find a reason to discount what the eyewitness reported. 

Detective Wibrew further failed to interview the suspects girlfriend who was present at the scene prior to the shooting, and he failed to interview the victim’s wife.  Had he, he would have learned that not only was Scott Dingman right-handed, but he had an injury to his left hand that prevented him from being able to shoot a gun with his left hand.

Detective Wibrew was told early on by the victim’s wife, Ashley Dingman that her husband had withdrawn $1,000.00 dollars from an ATM machine prior to going to the suspects house that day.  She asked him if her husband’s metal wallet/money clip with the money had been located and she explained that she could prove her husband had not gone anywhere but to the suspect’s home since making the withdrawal.  Detective Wibrew told Ashley Dingman that no wallet or money had been located.  She asked him if there had been any questioning about the items and he told her that he had asked the suspect who stated that he hadn’t seen it.  In his report, Detective Wibrew wrote that the suspect told him that the victim arrived with two baggies of cocaine, which the suspect watched the victim snort from a rolled-up bill off the counter in his bathroom and offered that he must have spent the money on the cocaine.  Ashley Dingman asked Detective Wibrew if he was just going to take his word for it and Detective Wibrew stated, unfortunately, I have no reason not to take his word for it.  Detective Wibrew later obtained the toxicology report that proved that Scott Dingman did not ingest any cocaine or other illegal substances, however he again neglected his duty as an officer and failed to follow up with the known lie about Scott Dingman snorting cocaine in the suspects presence.  Detective Wibrew further was not attentive to his duties and grossly negligent in the fact that he (the police department) had Scott Dingman’s wallet in their possession and that it had been booked into evidence at the police department.  He failed to familiarize himself with the evidence that had been collected and had no idea that it existed.  The wallet wasn’t known to have been in the police custody until February 28th, 2022 when Ashley Dingman obtained her husband’s property and clothing from the police.  It was then that she learned they had possessed it the entire time and they failed to have it analyzed for DNA or fingerprints of the suspect.  Detective Wibrew was additionally negligent and committed maleficence by not conducting a thorough investigation, which ultimately led to presenting misinformation to the District Attorney’s Office that led to no prosecution of the suspect.  Had Detective Wibrew taken the time to review the BWC footage of the initial arriving officers, he would have learned that Officer Calzada removed Scott Dingman’s wallet from the suspect’s pocket and threw it towards Scott Dingman’s body where it was later photographed and collected as evidence item #13.  Had the fact that the victim’s wallet was in the possession of the suspect been known to Detective Wibrew, it would have led to an entirely different outcome of the way the suspect was questioned, which could have resulted in the truth coming to light.  Why did he possess the victim’s wallet and tell investigators he had never seen it?  Instead, the suspect was allowed to deny that he had any knowledge of a wallet or money, he was allowed to introduce his own theories and give misinformation time and time again that was never followed up on and no search warrant was ever obtained to look for the cash money that was missing.  Ultimately there are several key indicators and leads that could have been followed up on that were completely neglected because of Detective Wibrew’s gross negligence, extreme arrogance, and incompetence.  Detective Wibrew took a position of frustration, arrogance and intolerance with the victim’s wife, Ashley Dingman and he was rude and discourteous in his treatment and interactions with her.  Conversely, he developed what appears to be a rapport with the suspect and he took a friendly approach in his communication and interactions with him.  Although sometimes in police work it is necessary to build a false rapport with a suspect, Detective Wibrew went over and above in his conduct with the suspect and the information that he provided him.  Video 30, (BCPD082_LL0082) 03:19:11, Detective Wibrew is having a discussion with the suspect and asked him questions regarding the missing $1,000.00 that Scott Dingman had when he arrived at his house.  Detective Wibrew goes on to tell the suspect, “No way are we looking at this like a robbery” JP responds “I hope not, cause I make a thousand bucks in a day.”  Not proof, however, any basic investigation class will teach investigators that when a suspect answers a question with a “reason they wouldn’t” they likely have done it.  This should have been caught and followed up on, however Detective Wibrew had already made his mind up that no criminal charges were going to be filed and that the suspect hadn’t committed a crime.  His bias investigation and lackadaisical approach ultimately has led to a miscarriage of justice and a murderer walking free in Boulder City, bragging that he knows how to commit murder and get away with it by making it look like self-defense (two independent witnesses testified to hearing JP Morgan say that in Boulder City Court, on record, transcripts available).

Detective DuBois – Attentiveness to Duty, Gross Negligence (acting outside the scope of training or expertise).  Detective Wibrew wrote in his report, page 33 of 67, paragraph 4: On 06/17/2021, I reviewed the BCPD Detective M. DuBois (P#242) Crime Scene Report of this incident (See Attached).  In reviewing the report, Det. DuBois noted that the blood stains and voided blood stains of both Dingman’s left hand and his Springfield Hellcat 9mm pistol were indicative that Dingman was holding the firearm in his left hand at the time the blood made contact with the firearm.  For further details, please refer to Det. DuBois report which is included with this case file.  That summary supported one of three reasons listed that the District Attorney declined to prosecute, and it is completely inaccurate as reflected by crime scene photographs of the weapon and Scott Dingman’s hand.  Detective DuBois wrote in his supplemental report, page 56 of 67:  Upon further inspection and count down of the Hellcat 9mm, I noted the below, which would be consistent with the handgun being gripped in the left hand at the time the blood made contact with the handgun.  Detective DuBois then listed 10 bulleted points to support his assertion.  Detective DuBois does not mention at all that the firearm in question was manipulated at least 6 different times while on scene by various officers, as seen on their BWC footage and all but Officer Calzada failed to report that they had manipulated the weapon.  Further, Detective DuBois’s assessments are wrong and inconsistent with the photographs of the gun that are attached to this investigation.  Finally, because he does not have the training that would be necessary to identify blood spatter, he acted negligently and outside the scope of his training and his input had an adverse effect on this investigation and was taken and then reported as fact.  This firearm, that is still in the custody of the police department should be examined by an independent blood spatter expert who has reviewed this case entirely.  Further, he identifies that a void of blood on the victim’s hand matches the voids on the gun.  This is absolutely incorrect.  The victims’ hands, as depicted in crime scene photographs are covered and smudged in blood.  This is consistent with the victim’s hand being covered in blood and then the handgun being placed in his hand after the fact.  Detective DuBois cannot simply state things as if they are facts that are not.  The one void of blood on Scott Dingman’s left thumb would have absolutely no association with holding and indexing a gun in the left hand.  I have personally experimented and found that the voided area of Scott Dingman’s hand is completely untouched by the gun in any way when indexed in my left hand.  This is a step that Detectives assigned to this case should have replicated on their own to see where that void falls.  Finally, Detective DuBois appears to be just going along with the investigative theory as he is seen multiple times on other officers BWC footage telling others that JP “has a pretty good excuse for self-defense” Video 20, (BCPD042_LL0042) 01:17:44 as he refers to the 9mm bullet that was found and the theory of Scott Dingman having a misfire and ejecting the round.

Lieutenant Healing – Failure to Supervise, Attentiveness to Duty, Gross Neglect of Duty, Gross Dereliction of Duty, Gross Maleficence of Duty. 

Lt. Healing was the supervisor in charge of the criminal investigation surrounding the circumstances that lead to the homicide of Scott Dingman.  He failed to have oversight of his investigators which ultimately led to a bias investigation that was a miscarriage of justice.  Lt. Healing had the responsibility to ensure that his investigators were on task and conducting an unbiased investigation that was thorough and complete and he allowed misinformation to be submitted to the district attorney’s office, which resulted in a lack of prosecution.  He further was on scene the night of the incident and was complicit in spreading a false theory that the primary investigator never came back from, and he allowed his detectives to knowingly operate outside the realm of their training and expertise and make statements as if they were fact that ultimately tainted the investigation, i.e., Detective Wibrew discounting eyewitness testimony and Detective Dubois analyzing blood spatter, which neither are trained to do.