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DISPO CIT2018-0091-- City of Long Beach Memorandum Working Together to Serve Date: April 17, 2019 To: Internal Affairs Case #CIT2018-0091 From: Lloyd Cox, Commander, Internal Affairs Division Subject: COMPLAINT DISPOSITION -DEPUTY CHIEF'S WEEKLY MEETING 1. After a preliminary investigation, this complaint was submitted for review and disposition at the Deputy Chiefs weekly meeting comprised of the following personnel: ffpatrol Bureau Deputy Chief Hebeish D Actor ____________ _ D Investigations Bureau Deputy Chief Conant El-Actor ~ • 4S.AA.t:::r:!4 D Support Bureau Deputy Chief Avila E Actor '"D • MAt,lt(_ ~dministration Bureau Chief Campbell ~hief of Staff (COP) Cmdr Herzog (3-€hief Financial Officer Velasco Personnel: Paula Gallegos/ Debbie Mills Internal Affairs __.(__._, .... C..,'.0-..;;.X:....,.__ _____ _ D Actor ___________ _ D Actor ____________ _ D Actor ____________ _ Other ____________ _ Internal Affairs "1) , LM:)Ct, 2. The material in this preliminary investigation received the following finding: a. The complaint of misconduct supports a formal investigation: [Red Book] Refer for criminal review: Yes No _.,,t7 b. The complaint and related material does not support a formal investigation: UNF = UNFOUNDED -the investigation reveals conclusively that the alleged acts did not occur NS = NOT SUSTAINED -there is insufficient evidence to prove or disprove the allegation EXON = EXON ERA TED -the incident occurred, but the actions taken were justified, lawful, and proper 0 = OTHER -the investigation reveals that the alleged act was not misconduct, service; employee was a witness only, or other disposition by the Chief of Police c. The complaint involves non-disciplinary matters, which are resolved more appropriately through other means (i.e.: training, counseling, system and/or policy review, etc.). [Non-Misconduct - Service -Employee Level] d. The complaint involves non-disciplinary matters related to service delivery or policy issues of the Department and not to misconduct of an employee(s). [Service -Policy Level] e. The complaint requires further investigation (as indicated below) Follow-Up Actions: April 17, 2019 Page 10 UNF = Unfounded NS = Not Sustained EXON = Exonerated O = Other Citizen Allegations: 1) Officer C. Rose# 5294 used excessive force during arrest of complainant 2) Officer D. Fritz# 5372 used excessive force during arrest of complainant 3) Officer Rose #5294 and Officer D. Fritz# 5372 conducted a search of the complainants residence without search warrant, probable cause or consent. 4) Officer Rose #5294 and Officer D. Fritz# 5372 fabricated evidence of narcotic possession against the complainant. Department allegations for each accused Officer(s): Rose, Chris 7.1.2 USE OF FORCE 3.1 PROFESSIONAL CONDUCT & RESPONSIBILITIES 3.1 PROFESSIONAL CONDUCT & RESPONSIBILITIES Department allegations for each accused Officer(s): Fritz, David 7.1 .2 USE OF FORCE 3.1 PROFESSIONAL CONDUCT & RESPONSIBILITIES 3.1 PROFESSIONAL CONDUCT & RESPONSIBILITIES Did this incident involve BWC Video? Yes ____ _ Nod CIT2018-0091 Disposition If there was BWC footage was it effective in reaching a conclusion in this case Yes ____ _ No ____ _ Is this incident classified as a Service Compaint? Yes ____ _ (If yes, update "category" field in IA Pro) No ,4