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81
« Last post by danigold on September 26, 2022, 22:05:24 pm »
2. Did you take custody of the suspect from VCPD Officer Hazard, and was this properly communicated?
2.) I did not. If anything, I communicated the contrary. At the end of the interrogation of Mr. Sanchez, I specifically reiterated that any detainment or release of the suspect in custody was up to Officer Hazard as he was the arresting officer and the suspect was in his custody.
I'm no expert in the secret lingo used between the FBI and VCPD, but I have these recordings of Hazard asking Kowalski through the police radio if he minds to "go ahead with it" and Kowalski replying with "aight", to which after Hazard has, and my client is alone with Kowalski. Sounds a bit like one law enforcement official handing over the custody of a suspect to another law enforcement official. Spoiler (Click to expand)
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« Last post by Kowalski. on September 26, 2022, 21:41:46 pm »
Greetings, I've argued my case and will only address questions from my superiors at this stage unless otherwise requested by those same superiors. FBI Special Agent Kowalski
1. Why were you involved in the traffic stop, and why did you think the VCPD required FBI assistance?
2. Did you take custody of the suspect from VCPD Officer Hazard, and was this properly communicated?
3. Why did you escort the suspect, and not the arresting Officer?
4. Do you think it is ok to leave a suspect alone, without supervision?
5. Elaborate on the Code 1, that in your defence forced you to leave the suspect behind.
To answer your questions: 1.) My involvement was merely to guide and assist Officer Hazard in making an arrest. I'm aware he is still getting acquainted with certain things and so I looked to assist him so he might learn a thing or two as I was on standby and able to help, though ready to move if need be. 2.) I did not. If anything, I communicated the contrary. At the end of the interrogation of Mr. Sanchez, I specifically reiterated that any detainment or release of the suspect in custody was up to Officer Hazard as he was the arresting officer and the suspect was in his custody. 3.) Respectfully, a transportation of a suspect was not a takeover of the situation but an aid to a fellow officer. I had brought the cruiser over to assist Officer Hazard as he began his arrest. My reason for transporting the suspect was to aid the arresting officer. 4.) Under normal circumstances, not at all. If it weren't for the circumstances I stated, I would not have left the suspect. Only in an extreme circumstance such as the life or death of a fellow officer, for example, would this be justifiable. 5.) The situation was a smuggle voyage. Aside from obvious surveillance tasks in case a smuggler escaped, I saw that my fellow officers were in direct danger and I rushed to their aid. I was concerned for the life and safety of my colleagues. As a result, I do regret that Mr. Sanchez felt neglected and do apologize to him for any inconvenience or other disturbance caused. I did indeed also provide Mr. Sanchez with the water he requested, offered him a tea or coffee, which shows there was no malicious treatment of a suspect in custody. However I do stand by my decision to rush to assist my fellow officers as this was life or death, and indeed, the suspect was outside a police station where an officer could've also tended to the suspect at any moment as I'm not the only law enforcement operative in the state. Regards, Kowalski FBI Special Agent.
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« Last post by Ellis F. on September 26, 2022, 20:09:53 pm »
Homero Sanchez
1. ((Were you or were you not AFK at some point between 10:51 and 11:05 CET. I will check logs to make sure but I want to hear the truth from you ))
((Yes I was afk for 1 full minute moments before arriving to WBPD as I had said right before then through /em I needed a minute))
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« Last post by ferrari32 on September 26, 2022, 19:48:26 pm »
Thank you for the opportunity, I'll get started on the material right away.
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« Last post by Klaus on September 26, 2022, 19:44:42 pm »
Before I make a final conclusion on this report, I have a few questions for those involved:
VCPD Officer Hazard
1. Can explain your POV, focusing on the actions prior to 10:51 CET when you and FBI Special Agent Kowalski were involved in the traffic stop.
2. Why did you need to perform a traffic stop at all, if the crime happened prior?
3. Please elaborate on your charges of "Endangerment" and explain in detail why you believed Mr Sanchez's actions were dangerous.
4. Explain why the suspect you arrested, and therefore under your custody, ended up being left with the FBI?
5. Can you provide any recording (logs) from between 10:30 CET and 11:05 CET? Preferably any recording from the Police CB channel.
FBI Special Agent Kowalski
1. Why were you involved in the traffic stop, and why did you think the VCPD required FBI assistance?
2. Did you take custody of the suspect from VCPD Officer Hazard, and was this properly communicated?
3. Why did you escort the suspect, and not the arresting Officer?
4. Do you think it is ok to leave a suspect alone, without supervision?
5. Elaborate on the Code 1, that in your defence forced you to leave the suspect behind.
Homero Sanchez
1. ((Were you or were you not AFK at some point between 10:51 and 11:05 CET. I will check logs to make sure but I want to hear the truth from you ))
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« Last post by Huntsman on September 26, 2022, 19:07:25 pm »
Hello, Ferrari, Thank you for your application. seeing how you were away for a long time from the community, as well as how you are trying to start a clean slate, we will ignore your past criminal characters. I am aware that you certainly are someone who can handle themselves when it comes to combat. We will teach you the rest (including police roleplay and what not) For this reason, I welcome you to the academy. I see no point of keeping this application pending as I am sure you will be a great addition once we teach you what you need. Please make sure to read the relevant topics in the academy boards and get familiar with the process. Also, kindly join VCPD Discord here if you are not there yet. We use it as primary source of communication these days: https://discord.gg/JTTtW8wxKind regads, Chief of Police Gabriel Adams (Huntsman)
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« Last post by Nylezer on September 26, 2022, 19:03:43 pm »
Even though this is a complaint against a member of the FBI, I thought it would be right to make a statement regarding the VCPD.
If any of the officers that is apart of the VCPD has caused one or more civilians discomfort due to their actions or lack of, I would like to officially apologize for this inconvenience. I am open to pay for emotional and/or physical damage done by the VCPD, make sure to contact me through my email (Discord) if this is the case.
Furthermore, I want to point out that any action taken by a member of the FBI does not fall under our responsibility and we will distance ourselves from this behavior. After thoroughly reading through the complaint we've decided to issue a warning interally that all officers are required to be able to handle themselves when it comes to handling situations. Especially the Miranda Rights not being mentioned when they should have been, like you said, has been a very strong subject.
I hope you are in good health after what has happened to you and I wish you a fruitful life for the years to come.
To serve and protect,
VCPD Captain Arthur "Nylez" Williams
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« Last post by ferrari32 on September 26, 2022, 18:55:48 pm »
 Vice City Police DepartmentACADEMY
Application: [VU]Ferrari32 1. Name and Lastname:Tin Ferina2. Previous Names (if any): None3. Age: 24 4. How long have you been playing Argonath RPG VCMP?: Since 2010, but inconsistently5. Why would you like to join the Vice City Police Department?: I used to be in the criminal life, but I think I'm long overdue turning a new leaf. I have lots of friends in the department, and I look forward to the opportunity to serve with them. I noticed the VCPD has the ability to act in a tactical manner, and makes Vice city a better place to live in. I want to be a part of that.6. Why do you think you are a suitable candidate to become a VCPD Cadet?:I have lots of combat experience, have a cool head, and a friendly disposition towards the community.7. Have you ever had any criminal ties in Vice City? If so, please explain:Yes.. Not sure where to begin
-TB: The first group I joined when I arrive into Argonath, didn't last very long.
-IT: Joined them after TB broke up, was there for something close to a year or maybe two
-MoD: A criminal group I started, didn't last very long
-DC: Accepted an invitation from their leader, didn't stick around for very long
-VU: My current affiliation. The group was never criminal exclusive, and had a great number of good officers as well. I am still part of this group, and have been for the last 11 years.8. Do you have any previous experience in other Argonath RPG Police Departments?:Not officially, I did freecop for a while in the San Andreas area.9. Do you agree to follow VCPD Procedures and Regulations as well as server rules?I absolutely do.
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« Last post by danigold on September 26, 2022, 17:28:16 pm »
Congratulations on asking the same officer who arrested your client about a crime with little to no context about what's actually happening.
Actually if you would bother to look at the timing of the pictures and evidence, you'd realize that question was asked before the arrest of my client.. I really think you might've not really look at the evidence I provided. The vehicles were a fire hazard and heavily damaged. So much as a spark from a collision and they could go up in flames.
Evidence shows otherwise - the vehicles weren't even lightly smoking. your client was read his rights before any official proceedings occurred
Irrelevant, the code says you have to do it promptly upon arrest, not right as you start the interrogation. if I were to put myself at risk by doing parkour along a skyscraper without a harness, I haven't actually broken the law, it would be plain stupidity.
The comparison you've just tried making is contextually different to this situation. It's illegal to go on a public rampage upon civilian's vehicles, and exploding them. I'll also not repeat how your excuse (or any, for that matter) for leaving my client, handcuffed, in a locked car in the middle of the day with no air circulation in a display of extreme negligence, is irrelevant.
The person behind the building's tempered glass was protected from what was happening.
You know, its interesting that you insist that the building has tempered glass (not that tempered glass would protect someone from an explosion anyways), because I went on the field and checked myself if the windows would protect someone from an explosion, and as you can see in the video provided here, where I performed a test with an ARPD officer to induce an explosion near the exact same windows in a safe manner (by clearing the area of civilians that shouldn't be there, and announcing the fire, plus we had an ambulance and medics on standby just in case), it is apparent that both the vehicle placed inside, and the trained professional on the other side of the window, were hit by the explosion through the so called "tempered bullet proof glass". Observe: https://streamable.com/5e79quAnd to add on top of that, I also went ahead and questioned an owner of the Downtown branch of the Well Stacked Pizza Co. (Cillian Murphy) store regarding if the glass is tempered or explosion proof, and he said that his store's windows won't protect anyone from explosions, nor any other store of the same franchise. Mister Murphy's answers: https://imgur.com/a/J49fknj((Also I'd appreciate you avoid calling me a stupid smart-arse, you seem to be taking this roleplay very personally for some reason.))
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« Last post by Kowalski. on September 26, 2022, 04:06:36 am »
Regarding my own "endangerment", this was done, and rather evidently by the footage, during a time where no civilians were present in the immediate vicinity so as to potentially hurt anyone. The person gathering the footage was well back, within a pizza store until their convenient approach towards the scene in close proximity during the undertaking of the process, however even so, was clearly not hurt. Furthermore, while the shockwave did cause me to trip over, I certainly did not endanger my own life. Even if it did, if you've actually read the law, it clearly states to another. If I put myself at risk, it wouldn't be the most sensible move, however it would not be illegal as I am not jeopardizing anybody else's safety.
So, "no civilians were present"? Is the person recording not a civilian? You can hear from the pre-video recording (logs) how they addressed the situation of you going ham on vehicles, after which she briefly ran inside the building for shelter.
Nobody said you endangered your own life, but you did endanger yourself, and the law doesn't have any statement as to what is "big endangerment or small endangerment"; point is, you shouldn't endanger people, and you hurting yourself just proves that what you did is dangerous and reckless.
And you did indeed put the footage taker's well being, jeopardizing their safety.
As cute as that is - your footage itself shows the person filming was already inside the building, only to come outside as I was clearing some vehicles. You also don't seem to know the law too well. My defence against the Endangerment claim has literally nothing to do with "big endangerment or small endangerment" but the fact that endangerment is a crime when it puts someone else at risk. For instance, if I were to put myself at risk by doing parkour along a skyscraper without a harness, I haven't actually broken the law, it would be plain stupidity. It's another story if I encouraged someone else to do it or something, however. You really need to go read the law again.
Furthermore, I did not address your questions as I am particularly busy and my job requires me to be on the move, frequently. It's pretty clear I suggested you could ask a police officer about vehicle towing. Sorry to have offended you, but you didn't get any special treatment.
Interesting how your job requires you to constantly be on the move, yet you did have the couple of minutes to go ballistic on vehicles, which are people's property.
Plus, conveniently, I did actually went ahead and asked another police officer afterwards on his thoughts regarding the situation, to which he told me that shooting and exploding cars is illegal, and if he was there he would've told you to immediately stop, as its his job.
Congratulations on asking the same officer who arrested your client about a crime with little to no context about what's actually happening. I've already stated the following rather clearly: My actions are different in that I ensured no citizens were within such a proximity that may cause injury, given the pizza shop's building has tempered and reinforced glass, and was clearing the road for traffic as these vehicles were already heavily damaged and posed a risk by being there, as a fire hazard. Then again - you clearly don't seem to read. The vehicles were a fire hazard and heavily damaged. So much as a spark from a collision and they could go up in flames. Plus, those vehicles were taken care of on the side of the road and away from a populated area. The person filming was inside the store until she decided it was a smart idea to come outside in the middle of it. Again, real convenient that you want to now accuse me of endangering her.
As for your client's arrest - he was escorted to the Washington Police Station and was obviously to be read his miranda rights. This is usually the responsibility of the arresting officer, however, as Officer Hazard is still learning how to improve his work, and commendably so, this may have been missed at the scene of the arrest, though I cannot confirm at this stage. Either way in case of any such situation, I reiterated your client's rights to him personally and on the record. I am well aware that your client has rights and I had no intention of violating them. Your client was made aware of his rights on-record prior to any official proceedings.
Usually the responsibility of the arresting officer? You are blatantly throwing the blame unto a rookie, how disrespectful! Hazard tries his best and cares about his job, is eager to learn, yet you throw him under the bus. Also, if you were there with an officer who is trying to learn, and he made a mistake (as is human to do), shouldn't you have corrected him, as the veteran?
How nice of you to "reiterate" something you've never iterated in the first place, and a whole 33 minutes (10 of which were spent in a hot car alone!) after the initial arrest, which according to the Law Enforcement Code, the Miranda Rights must be read to the suspect promptly. Is 33 minutes after the fact considered promptly? It says so in the Code, if only you knew someone ((maybe the person who wrote it)) to help you understand it.
Oh and by the way, there is one right which you have failed to bring up, the right to refuse to testify against yourself, as stated in the constitution.
This just made me laugh, to be frank. I'm not throwing anyone under the bus, the facts are the facts. I said myself rather clearly that Officer Hazard is also seeking to learn and improve his quality of service, and commendably so. Yet you seem to ignore that or just have a problem reading. That's been established throughout this complaint. And for context, Officer Hazard isn't a rookie, he's an Officer. Either way, your client was read his rights before any official proceedings occurred. I ensured that was done, on the record. As for your claims about me failing to bring up a right - this isn't a court, nor is an interrogation a court proceeding. There is no testifying under oath. You're an attorney, apparently - you should know that right applies in a court proceeding and you'd also be obliged to point it out to your client in preparation for their defence. It's also convenient you point it out now instead of then and there - sounds like you don't know the rights too well yourself. Every law enforcer has always read the miranda rights as follows, perhaps with slight wording differences: "You have the right to remain silent. Anything you say can and will be used as evidence against you. You have the right to have an attorney present. If you cannot afford an attorney, one will be appointed to you." Either way, back to a point of relevance - your statement is just silly. I've already said before, there were extreme circumstances (yeah, life and death) behind the reason why I went to tend to a criminal situation. Your client was outside a police station. Officers come and go, I'm not the only law enforcer in the country. As for "being there with an officer who is trying to learn, and he made a mistake", that is indeed the case. That's exactly why I read your client his rights before we began. Officer Hazard was handling the arrest, and I was there to assist. It's why I intervened during the interrogation to allow your client his say, as Officer Hazard was planning to escort him to the cells. Again - the Officer was clearly trying to learn and was getting familiar with the way the job works, hence I didn't chastise him over it but simply explained that your client had the right to defend himself as well. It's on the record.
This is in accordance with the Law Enforcement Code of Vice City which indicates a suspect must be read their rights. All things considered, there were extenuating circumstances which resulted in myself and other officers responding to a high priority call. As a result of the chaos, it's possible details were missed at the initial scene, yes. However, at no stage did anyone seek to violate your client's rights and this is evident by the fact I clearly stated your client his rights.
In respect to the alleged negligence, I won't apologise for urgently rushing to back my comrades in a life-threatening situation. Your client was still outside a police station and I am not the only law enforcer in the state. It is hardly negligent for your client to be outside a police station where cops come and go frequently, where any officer could've come and taken your client inside.
Again, must be read their rights PROMPTLY, which was failed to be done.
Nobody's asking you to apologize for helping others, but you don't get to lock someone in a blistering hot vehicle outside; you should've taken at least the 5 extra seconds to escort him inside the department, could've cuffed him to a bench or something.
Also stating "some other cop could've seen him"? Again throwing the blame on other people? My client will be able to testify that during those 10 minutes he saw nobody pass.
I don't know if you either can't read or just seek to ignore common sense. It's hardly blaming someone else by simply pointing out the fact your client was outside a police station. The fact that your client WAS outside a police station makes it rather clear that an officer could have assisted the suspect. As unfortunate as it was to have to leave your client, I had to respond to a call in which the lives of other officers were threatened. I don't regret the fact I responded to a situation in a bid to protect my fellow officers. I do regret that your client feels he was neglected, and that is also why I rather clearly gave him some water immediately upon my return.
Your client's actions were in the vicinity of myself and Officer Hazard, hence why he felt it necessary to make the arrest, and I would support the officer's judgement, given that this was within a close external proximity to other people. Plus, it was in the middle of the road and not off to the side or away from traffic.
Nobody is denying what my client did to get himself arrested and detained, and nobody is going after Hazard for initiating the arrest. This complaint is about what you did, and nobody else. Thats why in the complaint form I only put your name.
Oh and according to the footage, there was a person in proximity to the explosions you have made.
The footage shows the person "in proximity" endangered herself by coming toward the scene. She was inside a building until she stepped outside towards the proceeding taking place. It's common sense that you move away from danger, not towards it.
My actions are different in that I ensured no citizens were within such a proximity that may cause injury, given the pizza shop's building has tempered and reinforced glass, and was clearing the road for traffic as these vehicles were already heavily damaged and posed a risk by being there, as a fire hazard. Furthermore I did not simply spray bullets, I also used a physical means of having the vehicles cleared. It's also rather arguable by your footage that you approached as this process was underway and put yourself at risk. Quite frankly, you endangered yourself by coming towards the scene knowing full well what was happening. Strikes me as rather convenient that you approached the scene in the middle of the process being undertaken only to then claim I endangered you.
Please provide us any evidence you have to prove us that you ensured nobody was in proximity. Regarding the alleged "tempered and reinforced glass" protecting the person who was filming, does that mean its also ok to shoot a cop because he is wearing a Kevlar vest? Doubt it.
I'm also thinking of requesting you to provide an eye test, considering the footage clearly shows the filmer arriving before you went crazy on the vehicles. Not to mention you didn't do any effort in clearing them away from your illegal escapade.
The comparison you've just tried making is contextually different to this situation. It's illegal to commit an aggravated assault or attempted murder by firing at an officer. The person behind the building's tempered glass was protected from what was happening, which also wasn't of a criminal nature as I was clearing a road of a fire hazard. I'm thinking you need the eye test because you're clearly not reading. I said rather clearly that the person filming went inside, and then came outside as I was clearing the road. Your evidence only corroborates that, as I didn't do anything while that person was outside.
Oh and one more thing, you failed to try and cover up the fact that the cars you exploded and destroyed were peoples property, which counts as vandalism.. That's a charge, you know?
Yeah, it might be, if the vehicles weren't already smashed up and posing a fire hazard. That's essentially what your client did, shooting an intact vehicle in the middle of the road. Me? I was clearing smashed-up vehicles that posed a safety risk. Anyone with half a brain would understand that. It's common sense, really. It is funny that you think I'm covering something up though.
((oh and regarding that OOC line you added... What a weird defense. because you assume he went afk for some time (which he didn't, as he was talking in main chat during that time), its ok to RP negligence? Come off it, Kowalski.))
((Oh so now you want to be a smart-arse? Stop talking out of your arse - he did go AFK, I left when he was AFK and he returned at some stage after I'd already left. Do you even read? I don't even know whether to cringe, laugh or cry at your stupidity half the time.))
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