October 15, AZ Department of Public Safety PO Box 6488 Phoenix, AZ Attn: Michelle #5908

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1 October 15, 2015 AZ Department of Public Safety PO Box 6488 Phoenix, AZ Attn: Michelle #5908 Attached is a letter that I received from your Agency on September 30, I picked the letter up at the Post Office due to being out of the country on a trip. This letter and a copy of the motion to quash with the Glendale Court will satisfy the 20 days of notice requirement, therefore please restore my concealed weapons permit and send the permits back to me. Would you please me at received this fax. that you have

2 ARIZONA DEPARTMENT OF PUBLIC SAFETY 2102 WEST ENCANTO BLVD. P.O. BOX 6638 PHOENIX. ARIZONA (602) "Courteous Vigilance" DOUGLAS A. DUCEY Governor FRANKL. MILSTEAD Director September 17, 2015 RE: Concealed Weapons Permit# NOTICE OF SUSPENSION Your concealed weapons permit is SUSPENDED because you are the subject of an outstanding arrest warrant. As a result of the warrant for your arrest, you are classified as a fugitive from justice under federal law 18 U.S.C. 922(g)(2). Records indicate a warrant for OBSTRUCTING POLICE was issued by GLENDALE POLICE DEPARTMENT on 09/10/2015. As a result of the suspension and as required by law, you must immediately return your permit to us within five business days. You may submit official court documentation, which reflects the warrant has been satisfied, to the address listed below, within 20 days of this notice. After receiving the documentation, the Department of Public Safety will review the status of the warrant and may, as allowed by law, restore your concealed weapons permit. Failure to submit documentation will result in the closure of your file. You have the right to appeal this suspension by requesting a hearing under A.R.S. Title 41, Chapter 6, Article 10. If you would like to exercise your right to appeal please review the appeals process and submit your written request to the Department within 20 days of this notice to the address listed below. The hearing will only address the question of whether the Department's action of suspending your permit was proper under ARS (M). Arizona Department of Public Safety PO Box 6488 Phoenix, AZ ATTN: Michelle #5908 If you have any questions or need further assistance, please contact Michelle at the phone number listed below. Phoenix (602) ***Outside metropolitan Phoenix, but within Arizona *** Fax (602) Business hours 8:00-5:00 Monday through Friday

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4 ARIZONA DEPARTMENT OF PUBLIC SAFETY 2102 WEST ENCANTO BLVD. P.O. BOX 6638 PHOENIX. ARIZONA (602) "Courteous Vigilance" DOUGLAS A. DUCEY Governor FRANKL. MILSTEAD Director September 17, 2015 RE: Concealed Weapons Permit# NOTICE OF SUSPENSION Your concealed weapons permit is SUSPENDED because you are the subject of an outstanding arrest warrant. As a result of the warrant for your arrest, you are classified as a fugitive from justice under federal law 18 U.S.C. 922(g)(2). Records indicate a warrant for OBSTRUCTING POLICE was issued by GLENDALE POLICE DEPARTMENT on 09/10/2015. As a result of the suspension and as required by law, you must immediately return your permit to us within five business days. You may submit official court documentation, which reflects the warrant has been satisfied, to the address listed below, within 20 days of this notice. After receiving the documentation, the Department of Public Safety will review the status of the warrant and may, as allowed by law, restore your concealed weapons permit. Failure to submit documentation will result in the closure of your file. You have the right to appeal this suspension by requesting a hearing under A.R.S. Title 41, Chapter 6, Article 10. If you would like to exercise your right to appeal please review the appeals process and submit your written request to the Department within 20 days of this notice to the address listed below. The hearing will only address the question of whether the Department's action of suspending your permit was proper under ARS (M). Arizona Department of Public Safety PO Box 6488 Phoenix, AZ ATTN: Michelle #5908 If you have any questions or need further assistance, please contact Michelle at the phone number listed below. Phoenix (602) ***Outside metropolitan Phoenix, but within Arizona *** Fax (602) Business hours 8:00-5:00 Monday through Friday

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7 Glendale Police Department Investigation Report Case Complaint Case #: 2015 Call Citizen Complaint Incident 03/16/2015 Time: 14:06 Origin: On-line Date Reported: 03/19/2015 Time: 12:13 Compl/Commendation Report #: Address: 15-, N. Bong Ln., Luke AFB, AZ Status: Closed Date Closed: 07/01/2015 Complainant(s) Complainant: Address: City: Phoenix State: AZ Zip: Mobile Phone Witness(es) Witness: Bruggeman, Luanne Address: City: Luke AFB Glendale State: AZ Zip: Witness: Montgomery, Donald Address: City: Luke AFB Glendale State: AZ Zip: Witness: Washburn, Christopher Address: City: Luke AFB Glendale State: AZ Zip: 1

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9 Employee(s) Employee: Clubb, Jonathan M ID: Badge ID: Supervisor: Daukas, Jeff ID: Employee Link Details Employee Details Clubb, Jonathan M Complainant Details Employee: Daukas, Jeff ID: Badge ID: Supervisor: Castrovinci, Carrie ID: Employee Link Details Employee Details Daukas, Jeff Complainant Details Employee: Queenan, Joel ID: Badge ID: Supervisor: Daukas, Jeff ID: Allegations Violation: Finding: General Order Title/Name: G.O Departmental Reports D.1-Knowingly making a false statement, or entry in any dept.report, record, application, interview,hearing or judicial proceeding. Exonerated Finding 05/13/2015 Employee Link Details Employee Details Queenan, Joel 2

10 Complainant Details Details Employee Shift: Employee Assignment: Employee Status: Employee Rank: Swingshift Gateway/Patrol Sworn Non Supervisor NOI 5/5/2015 Assignments Group: Role: Assign Completion System Administrator Assigned To: Lankford, Mark M Investigator Assigned By: Lankford, Mark M 4/29/2015 Due 5/14/2015 Recommendation: Exonerated Group: Role: Assign Completion Lieutenants/Managers Assigned To: Castrovinci, Carrie Reviewer Assigned By: Lankford, Mark M 5/21/2015 Due 6/2/2015 6/1/2015 Recommendation: Agree Group: Role: Assign Completion Sergeants/First Line Assigned To: Daukas, Jeff Supervisor Reviewer Assigned By: Lankford, Mark M 5/21/2015 Due 6/2/2015 5/23/2015 Recommendation: Agree Group: Role: Assign Completion Commanders Assigned To: Briggs, Chris Reviewer Assigned By: Lankford, Mark M 5/21/2015 Due 6/2/2015 5/21/2015 Recommendation: Agree 3

11 Group: Assistant Chief/Director Assigned To: Lively, Matt Role: Reviewer Assigned By: Lankford, Mark M Assign 5/21/2015 Due 6/2/2015 Completion 6/3/2015 Recommendation: Agree Updated 6/3/2015 3:43:20 PM by 05172: Group: Role: Assign Completion Assistant Chief/Director Assigned To: St. John, Richard Reviewer Assigned By: Lankford, Mark M 5/21/2015 Due 6/2/2015 5/21/2015 Recommendation: Agree Notifications Exhibits Description: 19 March 5/13/2015 Number: 1 Description: 20 March 5/13/2015 Number: 2 Memo Description: 22 March Daukas memo / form 5/13/2015 Number: 3 4

12 Description: 27 March 5/13/2015 Number: 4 Description: 28 March 5/13/2015 Number: 5 Description: 22 April / Chief 5/13/2015 Number: 6 Description: 27 April 5/13/2015 Number: 7 Description: 30 April 5/13/2015 Number: 8 5

13 Description: 2 x 29 April s (video) 5/13/2015 Number: 9 Description: 3 May 5/13/2015 Number: 10 Description: 11 May 5/13/2015 Number: 11 Memo Description: Signed Complaint 5/13/2015 Number: 12 Description: City Attorney Garrow 5/13/2015 Number: 13 6

14 Memo Description: 5/13/2015 Number: 14 Clubb Notice of Admonishment Memo Description: 5/13/2015 Number: 15 Queenan Receipt of Complaint Doc Description: Queenan NOI 5/13/2015 Number: 16 Communication records Description: DR CFS 5/13/2015 Number: 17 Communication records Description: DR CFS 5/13/2015 Number: 18 7

15 Communication records Description: Queenan Officer Log 5/13/2015 Number: 19 Communication records Description: Clubb Officer Log 5/13/2015 Number: 20 Other Description: US Code 795 5/13/2015 Number: 21 Other Description: tow form with inventory 5/13/2015 Number: 22 Other Description: Booking Record 5/13/2015 Number: 23 8

16 Other Description: Luke AFB provided Docs 5/13/2015 Number: 24 Video Recording Description: 5/13/2015 Number: 25 Queenan and Clubb In Car Video Video Recording Description: Dash Camera Disk 1 5/13/2015 Number: 26 Video Recording Description: Dash Camera Disk 2 5/13/2015 Number: 27 Video Recording Description: Cell Phone Video x 2 5/13/2015 Number: 28 9

17 Wave File Description: 5/13/2015 Number: 29 N:\PDIA\AIM System\Wave Files\2015\ \ Call to Steven MP3 3/27 Call to Wave File Description: 5/13/2015 Number: 30 N:\PDIA\AIM System\Wave Files\2015\ \ Message received from today.wma 4/20 Msg From Communication records Description: 5/13/2015 Number: 31 N:\PDIA\AIM System\Wave Files\2015\ \15- Check Status Call to Luke.wav Check status call to Luke Communication records Description: 5/13/2015 Number: 32 N:\PDIA\AIM System\Wave Files\2015\2015- Original CFS from Luke.wav 911 CFS from Luke 10

18 Communication records Description: 5/13/2015 Number: 33 N:\PDIA\AIM System\Wave Files\2015\2015 Radio Traffic.wav Radio Traffic Wave File Description: 5/13/2015 Number: 34 N:\PDIA\AIM System\Wave Files\2015\2015 \Bruggeman 4-28 Interview.WMA Bruggeman Interview Wave File Description: Clubb audio 3/16 5/13/2015 Number: 35 N:\PDIA\AIM System\Wave Files\2015\2015 \Clubb Audio 3-16.MP3 Wave File Description: Clubb Interview 5/13/2015 Number: 36 N:\PDIA\AIM System\Wave Files\2015\2015- \Clubb Interview.WMA 11

19 Wave File Description: 5/13/2015 Number: 37 N:\PDIA\AIM System\Wave Files\2015\2015 \Daukas 4-30 Interview.WMA Daukas Interview Wave File Description: Interview 5/13/2015 Number: 38 N:\PDIA\AIM System\Wave Files\2015\ Interview.WMA Wave File Description: 5/5 Call Attempt 5/13/2015 Number: 39 N:\PDIA\AIM System\Wave Files\2015\ Call Attempts.WMA Wave File Description: 5/13/2015 Number: 40 N:\PDIA\AIM System\Wave Files\2015\ Call 5-12.WMA 5/12 Call 12

20 Wave File Description: Call Msg 4/30 5/13/2015 Number: 41 N:\PDIA\AIM System\Wave Files\2015\2015- Call Msg 4-30.WMA Wave File Description: Castrovinci 4/24 Call 5/13/2015 Number: 42 N:\PDIA\AIM System\Wave Files\2015\2015 Castrovinci 4-24 Call.WMA Wave File Description: Oneil 5/3 Call 5/13/2015 Number: 43 N:\PDIA\AIM System\Wave Files\2015\2015 ONeil 5-3 Call.WMA Wave File Description: 5/13/2015 Number: 44 N:\PDIA\AIM System\Wave Files\2015\2015 \Montgomery 4-28 Interview.WMA Montgomery 4/28 Interview 13

21 Wave File Description: Queenan Interview 5/13/2015 Number: 45 N:\PDIA\AIM System\Wave Files\2015\2015 \Queenan Interview.WMA Wave File Description: 5/13/2015 Number: 46 N:\PDIA\AIM System\Wave Files\2015\2015 Washburn 4-28 Interview.WMA Washburn 4/28 Interview Doc Description: Records Request Luke AFB 5/26/2015 Number: 47 N:\PDIA\AIM System\Documents\2015\2015 \US AF Request.doc Description: 6/9/2015 Number: 48 and attachment Description: 6/8 emial and attachment 6/9/2015 Number: 49 14

22 Wave File Description: 6/9 Call 6/9/2015 Number: 50 N:\PDIA\AIM System\Wave Files\2015\ Call.WMA Letter Description: Finding Ltr to 7/9/2015 Number: 51 Narrative: DI# EXECUTIVE SUMMARY by Sgt Mark Lankford Allegation #1: Departmental Reports B. No employee shall, with intent to deceive, knowingly cause to be made or recorded any false, inaccurate, or misleading report. Sanction: G.O Departmental Reports Sanction: Knowingly making a false statement or entry in any departmental report, record, application, interview, hearing or judicial proceeding. CLASS 5 On April 29, 2015, City of Phoenix Citizen filed a Complaint against Police Officer Joel Queenan claiming he completed a False Departmental Report. The Complaint stems from an incident at Luke Air Force Base (AFB) on March 16, 2015, where was video and audio recording a military facility and was aggressive and uncompliant when asked for identification by Department Of Defense (DOD) Police Officers and Law Enforcement as well as uncompliant when detained by Glendale Police Department (GPD) Officers. Queenan arrested and booked for Failure to Provide Identification and towed vehicle. Queenan, as witnessed by another Officer and three Luke AFB Law Enforcement Officers, as well as viewed and heard on various video and audio recorded files, was within Policy as Queenan completed an accurate departmental report documenting his actions. INTERVIEWS by Sgt Mark Lankford Interview of Officer Donald Montgomery 15

23 On Tuesday, April 28, 2015, at 13:21 hours, I conducted a digitally recorded interview with United States Air Force (USAF) Police Officer Donald Montgomery at a private office in the Security Forces Building at Luke AFB. The following is a summary of my interview. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. Prior to asking Montgomery any questions, I gave him a brief summary of how the Departmental Investigation (DI) materialized, my role, and confirmed he was familiar with the information. I asked Montgomery what his official title and duty is to which Montgomery states he is a "Police Officer at Luke AFB" and works for the USAF with numerous responsibilities to include entry control on to Luke AFB. Montgomery explained he attended a Law Enforcement Academy. On March 16th he was wearing the uniform he wore for this interview, and the uniform has patches on both sleeves with the word "POLICE" as well as displays a badge and police duty belt with pistol. Montgomery then explained the contact with to include operating a Dash Camera in his vehicle, providing his Military Identification Card to Montgomery, and when Montgomery told he could not record the installation began screaming "get your supervisor, get your supervisor". Montgomery then asked to pull to the side of the road to keep the entrance open and Montgomery called his supervisor to the scene. Montgomery states approximately 5 minutes later, exits his vehicle now recording the gate with his cell phone. begins approaching Montgomery and Montgomery began giving commands for to return to his vehicle. As returns to his vehicle says: "and fuck you too". I asked Montgomery if was confrontational to which he stated not threatening but confrontational. I asked what the intention was for to which it was for a base supervisor to inform recording the base was not permitted, delete the video, and allow to proceed. Montgomery stated they never had a chance to ask for to delete the video as he was non-compliant. Montgomery then stated when his supervisor USAF Reserve Master Sergeant (MSGT) Luanne Bruggeman arrived she was briefed on actions and words and asked for Driver License and he refused. Montgomery had no further contact with. I asked Montgomery what he saw and heard concerning interaction with GPD to which he stated he and Bruggeman gave Queenan a statement to what did and observed as Queenan and GPD Officer Jonathan Clubb detained. Montgomery had no further involvement. I concluded the interview by asking if he had anything further to add to which Montgomery stated: "the guy went from zero to pissed off instantaneously for whatever reason. I have no idea." Montgomery did ask the Officers if had weapons as Montgomery was concerned for his safety. I then confirmed Montgomery was attempting to advise he was violating US Law to which Montgomery advised the incident falls under Title 18 USC stating to video tape on base you need the Base Commander's approval. Montgomery had nothing further and was provided a business card with my contact information and the interview concluded. 16

24 Interview of MSGT Luanne Bruggeman, USAF On Tuesday, April 28, 2015, at 13:32 hours, I conducted a digitally recorded interview with MSGT and DOD Police Officer Luanne Bruggeman at a private office in the Security Forces Building at Luke AFB. The following is a summary of my interview. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. Prior to asking Bruggeman any questions, I gave her a brief summary of how the DI materialized, my role, and confirmed she was familiar with the information. I asked Bruggeman to review her involvement to which she states Montgomery called Bruggeman (the Flight Supervisor) to speak with as he requested a supervisor. Bruggeman and USAF Staff Sergeant (SSGT) Christopher Washburn arrived at the gate and Bruggeman located the Title 18 US Code which prohibits filming of a military installation. Bruggeman then spoke with and attempted to explain the videotaping violation of federal law after getting a briefing from Montgomery of actions and words to include when he exited his vehicle confronting Montgomery. Bruggeman then spoke with her supervisor briefing them of actions and was told based on actions and words he was to be denied entry onto Luke AFB. Bruggeman then advised of this and he became more uncompliant refusing to give Bruggeman his Driver License questioning her authority. Bruggeman then told GPD was being called and stated was videotaping with his cell phone as well. Bruggeman stated when Queenan arrived she gave him a briefing of his non-compliance to include refusal to provide Identification. Bruggeman observed as Queenan opened the car door, asked to get out, refused by "leaning back to the center console of the vehicle", Queenan threatened the use of his Taser giving more commands, and then became compliant. Bruggeman explained GPD Officers calmed down by sitting him on the wall, getting him water, and then reading him his Miranda Warnings after obtaining his identity from the Driver License Queenan obtained from "in plain view" wallet. Bruggeman explained she observed twice the GPD Officers loosen the handcuffs on at his request. Bruggeman also stated Queenan explained to her he can only enforce State Law, not Federal, as well as the need for "search authority" to seize evidence. Bruggeman then coordinated with the Luke AFB Judge Advocate General (JAG) for over an hour and could not get resolution so Bruggeman contacted her supervisor and briefed them on the vehicle being towed. I asked if the GPD Officers were rude to which she stated: "Absolutely not. They were professional with him at all times even when he was extremely uncompliant with them. It was very obvious from his behavior he had no respect for authority". Bruggeman confirmed the intention was for Luke AFB Officers to delete the Dash Camera video and allow to proceed but due to his non-compliance was not allowed on base as did not recognize Luke AFB Officer's Law Enforcement authority. I then confirmed Honda was towed after Queenan booked due to the amount of time was detained. Bruggeman stated Queenan signed the base removal form for as he was in handcuffs. Bruggeman read the Police report and concurred with 17

25 everything written. I then asked Bruggeman to explain what the Base Blotter is and obtained a copy of Luke AFB documentation of the incident which will be discussed later in this DI. Bruggeman had nothing further and was provided a business card with my contact information and the interview concluded. Interview of SSGT Christopher Washburn, USAF On Tuesday, April 28, 2015, at 13:48 hours, I conducted a digitally recorded interview with SSGT Christopher Washburn at a private office in the Security Forces Building at Luke AFB. The following is a summary of my interview. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. Prior to asking Washburn any questions, I gave him a brief summary of how the DI materialized, my role, and confirmed he was familiar with the information. Washburn stated he was a back-up Officer to Bruggeman who was called to the gate for. Washburn was briefed by Montgomery of not recognizing Montgomery's authority to perform gate control procedures. Washburn and Bruggeman made contact with in his Honda and "was verbally aggressive" and began videotaping the contact on his cell phone. Washburn stated GPD was called to the scene while Luke AFB Officers kept "eyes on him". Washburn stated would open his door and yell obscenities at the Officers and at one point did attempt to exit but was ordered back into his vehicle. Washburn stated GPD arrived, got a brief from Luke AFB Officers, and contacted in his Honda to which resisted and GPD was eventually able to detain. Washburn stated throughout contact was verbally abusive, non-compliant and lacked respect for authority. I asked where was seated after he was detained to which Washburn stated on a small wall behind his vehicle and later in the back seat of Queenan's Police vehicle. Washburn confirmed his role was as a back-up. I asked if Washburn heard or observed Queenan adjust handcuffs to which he did see Officers adjust handcuffs on a few occasions. I asked if the GPD Officers were rude to which he stated no. Washburn remained on scene until was transported by Queenan at which point Washburn returned to patrol duties on Luke AFB. Washburn had nothing further and was provided a business card with my contact information and the interview concluded. Interview of On Wednesday, April 29, 2015, at 10:30 hours, I conducted a digitally recorded interview with Mr. at the GPD main station conference room. Present for the interview was Professional Standards Unit () Lieutenant Carrie Castrovinci. The following is a summary of my interview. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. After confirming information and explaining my role with GPD, I asked how I could assist him. stated: "Officer Queenan lied on his Police report and I want him charged for False Reporting. That's a Misdemeanor. That's for starters." then stated he had a number of questions concerning an inventory of his vehicle stating it was discussed in his complaints. I then asked to go through his Complaint of Queenan. began looking through a copy of his Police report stating: "He didn't have Probable 18

26 Cause to arrest me number one". states he was illegally detained for a Dash Camera at Luke AFB and this was an illegal detainment. states Queenan "conspired with the Air Force to arrest me" and Queenan lied on numerous occasions in the Police report. asked if this is a crime. I again told to tell me specifically where Queenan lied in his report. continued looking at his copy of the report. states: "He didn't identify himself when he came up to the car". then reads what the report states and says Queenan did not identify himself. I noted this complaint detail and states Queenan reports: "He states he ordered me out of the vehicle. OK? That didn't happen. OK? He states I refused. It's all here in the Police report. You know he's a liar." I noted this complaint detail and asked what other untruthfulness is in the report to which states: "Excessive force. He left me in the back of the vehicle for upwards of 45 minutes. The time frame can be confirmed when he checked out. And when he yanked me open on the car door." I noted this complaint detail and asked what other areas was concerned with to which stated when he was "yanked from the car door" he asked what he was being detained for. states Queenan replied trespassing on a military facility and nowhere is this listed in the Police report. states this is another illegal detainment and this happened twice, once by Luke AFB and once by GPD. I noted this complaint detail and asked what other areas was concerned with and asked if I had a copy of the documents stating: "He didn't provide me with an inventory of my vehicle." states Queenan said he would provide a vehicle inventory sheet and didn't. states he is missing a RF card for a gated community in Scottsdale. states: "He took my keys. OK? And he didn't return them to me. OK? He didn't return my cell phone to me. He left them in the vehicle. Why did he do that?" I then explained the DOD was investigating and his vehicle and were deciding on options for search and seizure of evidence to which states: "You guys have a inter-government agreement. Don't you. The Glendale Police Department and Luke AFB are on the hook for this one. And depending on how I leave here is gonna depend you know if I'm gonna take legal action against you guys. And I'm not getting good vibes from you." then states he is looking at me and I have the same attitude as Police Officers all over the country. then states he was lucky he had his video recording or he would have "been convicted of this bullshit charge". stated Queenan should be placed on the Maricopa County Attorney Integrity list for lying on a Police report. then expresses his dissatisfaction with me as I am listening to Complaint. I attempted to explain the Complaint process when states he wants to "press charges against him for filing a false Police report" as well as the Sergeant at Luke AFB. I explained the Complaint process to and again asked him to review, in addition to what he had already stated, what his Complaints were to which again reviewed his copy of the Police report for approximately one minute and then asked me what "leaning back towards the center of the vehicle" meant to which I asked what he interpret this to mean as to which states he had no idea. I told n based on what is written in the Police report was leaning towards the center of the vehicle from the driver seat to which states: "That's a lie. All I did was sit there. They failed to identify themselves. 19

27 All right those I believe are the two biggies". I then confirmed with his Complaint against Queenan was False Information on a Police report to include: Queenan states he Identified himself to and ordered him from the Honda, Excessive Force as was in the back of Queenan's vehicle for an extended time, detained for Trespassing, did not receive a vehicle inventory property receipt, and did not pull away from Queenan towards the center of his vehicle. agreed with my review of his Complaint. I then explained the GPD property slip procedures as well as the tow form and how the pink copy is what a citizen receives when a vehicle is towed. I explained the pink copy does not have the property section on it. I then showed a blank tow form. I also contacted the Tow Administrator, obtained a copy of the Police section of the tow form for the Honda which has the property inventory, made a copy of that form, and gave it to. When I showed the pink copy of a blank tow form to compare it to the Police copy, states: "he did send that." then explains he is an "IT professional" and was aggravated by the fact that he did not get "read receipts" he selected in the send option of his various to. I then explained does not acknowledge via "read receipt" options for various s due to the security issues with false traffic and the computer systems and confirmed Daukas had contacted for follow up from his first . I explained also stated he could not discuss his case until it was resolved in court and was waiting for this to occur to which disagreed. I asked if he had any additional information concerning his Complaint to which he did not but would contact me if he did. I advised I reviewed the two CD Disks he provided the City Attorney of files which contacted Dash Camera video (Of Note: The two CD Disks will be reviewed and discussed later in this DI). I advised of the six files he provided, a 10 minute section of video is missing (13:31 to 13:41 hours) and asked if he had the file to which stated his vehicle was turned off during this time and the Dash Camera was not operating. then states there are six video files from the Dash Camera and two video files from his Cell Phone. I advised I did not have the two files from his cell phone and requested them if he chose to provide them to which he stated he would them to me. then states his vehicle was searched and had a bag of 9 MM shell casings in his vehicle and the Officers asked him if he had any weapons in his vehicle. states he knows his vehicle was searched and it was not professional that the items were not placed back where they were. I told I would discuss this with Queenan. I explained per Policy Officers are required to do an Inventory Search of a towed vehicle. then explains he has video of the Officer's actions and "the videos they don't lie". I asked who approved him recording Luke AFB with his Dash Camera to which replies: "What difference does that make? What difference does that make? Why are you even asking that question? Did I violate the law? Did I commit a crime? Why are you asking that question?" then explains he has been recording on his Dash Camera for two years and never had an issue in the past and has not violated the law. I then confirmed also recorded his contact with Luke AFB on his cell phone and asked 20

28 if he could provide me a copy of that as well as any other evidence to which he said he would. (Of Note: later ed me two files which contained cell phone video. The two cell video files will be reviewed and discussed later in this DI). states the Luke AFB Sergeant did not identify herself but did say "Driver's License" and walked away when began recording her on his cell phone. I asked how Queenan obtained his Driver License to which states he obtained his Driver License from wallet which was located on the front seat. I advised I met with the City Attorney to review all evidence to include the video provided, s, and this Complaint statement is giving and asked other than the two cell phone files was there any other evidence he has related to this DI to which he said there wasn't. I then reviewed with the GPD Citizen Complaint Statement and per Policy the need to complete the form if he desired a Complaint against an employee to which completed and signed the form against Queenan. n stated he wanted to file False Reporting charges on Queenan to which I stated this would be part of my DI. also wanted to file False Reporting charges against Bruggeman to which I advised procedures to file a report. (Of Note: DR will be completed later). I advised he would hear back from via a phone call or mail on his Complaint resolution and asked if I could assist further to which stated no and the interview concluded. Interview of Sergeant Jeff Daukas On Thursday, April 30, 2015, at 11:15 hours, I conducted a telephonic interview with Sergeant Jeff Daukas #12233 concerning his involvement with the DI. The interview was conducted telephonically and digitally recorded as Daukas was a witness, did not desire a Peer Representative, and was not scheduled to return to duty for approximately 2 weeks. Daukas was familiar with the GPD Notice of Admonishment, understood the notice, and advised he did not need it read to him. The following is a summary of my interview with Daukas. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. Prior to asking Daukas any questions, I gave him a brief summary of how the DI materialized and confirmed he was familiar with the information. I asked Daukas if he recalled the original Call For Service (CFS) and could he review what he recalled. Daukas stated he specifically recalled the incident at Luke AFB as the base was not Code 4 and he took note of this. Daukas recalls later receiving a call from Queenan updating him on the investigation and arrest. I asked Daukas if he had any further information concerning the CFS to which he did not. I then reviewed the complaint (March 19) from which was forwarded to Daukas (March 20) for follow up to which Daukas recalled the information. I then stated received a second from on March 27 with an attachment which contained a memo Daukas mailed on March 22 and confirmed Daukas was familiar with this as well. I asked Daukas to describe his investigation of the Complaint. Daukas stated during his attempt to contact, he was unable to find a phone number. He 21

29 reviewed this with his Lieutenant to include contacting at his Phoenix address to which he was advised to contact by mail and to not contact at home. Daukas stated he mailed the mentioned memo and documents but did not hear back from. I then reminded Daukas on March 27, received the second from and the information was again forwarded to Daukas and to review his additional follow up with. Daukas stated he specifically came to work when he got the from to call advising he would address the concerns when he was back to work. told Daukas he understood and the conversation ended. Of Note: The 3/27 call Daukas made to is included as an exhibit to this DI. I then reminded Daukas on March 28, received the third from and the information was again forwarded to Daukas to include could not discuss the case until the Court process had been completed. Daukas stated he made no further attempt to speak with concerning his Complaint until Daukas received a voice mail from on April 20 advising the charge had been dropped and wanted to proceed with his Complaint. Of Note: The 4/20 call made to Daukas is included as an exhibit to this DI. Daukas also stated his Lieutenant was going to address the Complaint with when the case was resolved by the court and Daukas had no further contact. I then reminded Daukas on April 22, and the Chief received a forth from and the Chief directed me to investigate to which Daukas recalled the and had no further involvement with or the Complaint. Daukas had nothing further to add concerning the CFS or DI and the interview concluded. Interview of Officer Jonathan Clubb On Thursday, April 30, 2015, at 13:00 hours, I conducted a digitally recorded interview with Officer Jonathan Clubb #16439 at concerning his involvement. Clubb was provided the GPD Notice of Admonishment and stated he understood the memo. The following is a summary of my interview. For the complete interview, listen to the audio recording which is saved in WAV format on the "N" Drive. Prior to asking Clubb any questions, I advised Clubb of video provided to the City Attorney related to the case and allowed Clubb to view it. I then gave him a brief summary of how the DI materialized and confirmed he was familiar with the information. Clubb reviewed his employment to include three years as a GPD Patrol Officer. I asked Clubb what he recalled concerning the CFS to which he stated he and Queenan responded to Luke AFB for a CFS of a non-complaint subject who would not provide identification. Clubb stated Queenan requested Dispatch check on Luke AFB Officers to which they advised they were not Code 4 and Clubb "expedited" his response to Luke. Clubb stated when he arrived at Luke AFB the subject was still inside his vehicle and past the gate entry point. Clubb and Queenan then approached the vehicle and Clubb heard Queenan state: "Glendale Police step out of the car". Clubb stated he heard a male inside the vehicle state: "no". Clubb stated he looked inside the front passenger window noting only one occupant and "I saw he was pulling away from Officer Queenan going toward the center console area of the car." Clubb then ran around the rear of the vehicle to assist Queenan at the driver door and began to 22

30 draw his Taser for a less lethal option when Clubb noted Queenan had the driver by his left hand with his Taser pointed at the driver. Clubb stated they were able to get the driver to be compliant and detained the driver with handcuffs. Clubb stated he sat the detained driver behind the vehicle on a short wall and stood by with him while Queenan investigated. Clubb stated wanted water to which Clubb provided once Queenan returned to stand by with. Clubb retrieved the water from Honda trunk at his request. Clubb stated while standing with made comments of an unlawful detainment by Luke AFB and GPD and he was taking legal action. Clubb also stood by while Queenan investigated to include Miranda Warnings, questioning, and the arrest of. I asked Clubb what was arrested for to which he stated Queenan told it was for failing to provide Identification to Luke AFB Officers after being asked and required to provide. Clubb also stated he obtained wallet from inside the vehicle and placed it with property. I asked Clubb if he searched vehicle to which he stated gave him permission to retrieve water from a golf bag in the trunk of Honda and to turn his vehicle off to save fuel. I then explained to Clubb I had additional questions of which he may have already answered but we would go over them again. I asked Clubb if he had an opportunity to review the Police report and was there anything incorrect in the report to which he said the report was accurate. I asked Clubb why he responded Code 3 on the call to which he stated based on the information provided that Luke AFB Officers were not Code 4 and the subject not detained Clubb and Queenan responded Code 3. Clubb stated this is the first time he has ever responded to Luke AFB Code 3 as Luke AFB Officers normally have the situation under control. I asked why was detained to which Clubb stated upon arrival s Honda was parked on base past the gate, was non-compliant, and would not provide identification. Clubb stated based on this information was detained for Trespassing and to make the scene safe. I asked if Queenan identified himself to to which Clubb stated yes, and to step out of the car. Clubb also stated he heard say no and observed physically pull away from Queenan. I confirmed Clubb and Queenan were both in uniform and driving marked Police vehicles. I then asked Clubb to specifically review what he observed do when Queenan asked him to step out of the vehicle to which he stated he heard say "no" and Clubb looked into the front passenger window observing pulling his left arm away from Queenan and moving his right arm and body towards the center console of the Honda. Clubb confirmed the Honda was still operating. Clubb also repeated hearing say: "no". Clubb again described how he assisted detain by holding his right hand while Queenan had left. I asked Clubb why was seated detained behind the Honda for approximately 40 minutes and in the back seat of Queenan's vehicle for approximately 50 minutes and what was occurring. Clubb explained in addition to the State charge of not providing Identification, Luke AFB was also conducting their investigation and coordinating whether to file Federal charges for videotaping the base as well as coordinating search and seizure of the recording equipment 23

31 inside of the Honda. I confirmed Clubb did not search Honda but did make entry (with permission) into the trunk area for water, the driver seat to turn the Honda off, and the passenger seat to retrieve his wallet and cell phone. I confirmed with Clubb to explain why the cell phone was ultimately left in the Honda to which Clubb later learned had also been recording the base with his cell phone and that, as well as the Dash Camera, was now being considered by the DOD as possible evidence. I then confirmed once was detained he was read his Miranda Warning prior to being questioned to which he said: "yes". I asked Clubb if he heard Queenan explain to that it was unlawful to not provide his Identification or he would be arrested to which Clubb stated Queenan explained the Luke AFB Law Enforcement lawfully detained him and he is required to provide Identification to Luke AFB and GPD. I then reviewed DI evidence to include In Car Camera video, Dash Camera video he provided the City Attorney, Luke AFB Officer's statements, and the report and asked if he was aware of any additional evidence. Clubb stated he had additional evidence which was not logged as part of the criminal investigation and explained he audio recorded a portion of his interaction with Clubb explained made comments while detained that he was going to take legal action against the Federal and Local government and Clubb then activated his audio recording capturing approximately 22 minutes of audio. I asked Clubb if he completed a Police report to which he stated no. I asked Clubb if he saved the audio file to the GPD DIMS system to which he said no. I asked Clubb why he still had the audio recording to which Clubb explained after made the allegations of Complaints and legal action Clubb recorded the conversation for any future legal action. Clubb did not complete a report or log the file as evidence as Clubb did not feel the recording had any criminally relevant information to it. Clubb kept the audio file on his GPD issued recorder in the event of a future law suit or Complaint. I asked Clubb to review what was on the audio file to which he stated the recording was activated after was detained and the Officer's actions explained to him. Clubb stated the water discussion, Clubb's role, Queenan's contact with to include Miranda Warnings, and follow up investigation to include Luke AFB Law Enforcement authority was recorded. I asked Clubb what demeanor was to which he stated was verbally aggressive and talking over the Officers. I asked what other information Clubb recalled to which he discussed everything. I then directed Clubb to complete a supplement report and to log the recorded audio file into DIMS as evidence to the criminal investigation which was completed on May 9. Clubb had nothing further to add concerning the CFS or DI and the interview concluded. Interview of Officer Joel Queenan On Tuesday, May 5, 2015, at 14:15 hours, I conducted a digitally recorded interview with Officer Joel Queenan #16320 at concerning his involvement. Queenan was advised of the complaint on April 30. Queenan was given a Notice of Investigation (NOI) outlining his employee rights and summarizing what the investigation was pertaining to. He reviewed and signed the NOI with no questions. A copy of the NOI was provided to him. The following is a 24

32 summary of my interview with Queenan. For the complete interview, access the audio recording which is saved on the "N" Drive. Prior to asking Queenan any questions, I advised Queenan of video provided to the City Attorney related to the case and allowed Queenan to view it. I then gave him a brief summary of how the DI materialized and confirmed he was familiar with the information. Queenan reviewed his employment which included 4 years as a GPD Patrol Officer, 6 month's as an ADOT Sworn Officer, and 5 years as a United States Marine where his primary duty was Law Enforcement. I asked Queenan what he recalled concerning the CFS to which he stated he was dispatched to a CFS at Luke AFB for a subject disturbing. While in route, Queenan asked the Dispatcher to check on the status of the Luke AFB Officers due to the time and distance required to respond to the base. Queenan stated Dispatch advised the Luke AFB Officers "were not OK and the subject not in custody" and Queenan responded to the base Code 3. Queenan said upon arrival he parked his patrol vehicle behind a Honda Civic parked past the gate on the right side of the road and obtained a statement from Luke AFB Officers. Officers advised had been filming Luke AFB Force Protection procedures, was asked to pull to the side of the road, a Supervisor responded, refused to provide his identification, was "extremely non-compliant and combative" by getting out of the vehicle, and got in a verbal discussion with a Luke AFB Officer nearly to the point of a physical altercation. Queenan confirmed was still in the Honda and approached the driver side while Clubb approached the passenger side. Queenan noted the windows were rolled up and was on the phone. Queenan opened the driver door and "identified myself as Glendale Police and asked him to step out of the vehicle". Queenan then stated: " leaned toward the center line of the vehicle". Queenan grabbed left hand and put it in a wrist lock and "he refused to continue to obey my commands so I ended up removing my Taser and pointing it threatening it's use which he finally complied". Queenan then holstered his Taser, removed from the vehicle, and due to age did not want to ground but escorted from his vehicle giving commands for to put his right hand on top of the vehicle. Queenan and Clubb then took into custody with his hands cuffed behind his back, handcuffs locked, and checked for fit. was then escorted to a half wall behind his vehicle and asked what he was being arrested for to which Queenan stated he was being detained for Trespassing due to the information Queenan was told and noting past the gate area on base. Clubb then stood by with while Queenan began meeting with Luke AFB Officers to investigate. Queenan met with Montgomery, which Queenan identified as an "Air Force Civilian Law Enforcement Officer standing at the gate when Mister approached the gate". Queenan stated he was told Montgomery observed a recording device was operating, a verbal exchange occurred which began to hold up traffic, and Montgomery told to pull to the side of the road to allow traffic to flow onto the base. Once parked, "he got out of the vehicle and became combative with him" to a point where Montgomery had to assert himself ordering back into his vehicle to which he did after shouting obscenities. remained in his vehicle until a supervisor arrived (Bruggeman). Queenan then transitioned his investigation to interview Bruggeman. 25

33 Queenan stated he learned from the Luke AFB supervisor, Bruggeman, she was called to the gate by Montgomery and upon contact with requested his "Driver License" and he refused; to provide his name and date of birth and he refused, and GPD was then called to respond. After speaking with Montgomery and Bruggeman, Queenan stated he then spoke with. Queenan stated "I read him his Miranda Warnings verbatim from the Miranda Warning Card I keep in my front left pocket" and questioned. During the questioning, admitted to recording the base and pulling to the side of the road. When Queenan discussed identification and Luke AFB Law Enforcement he would not give a clear answer but eventually acknowledged Luke AFB Officers were Law Enforcement for the base. As a result of Queenan's investigation, he found Probable Cause for the arrest of for Failure to Provide Identification when lawfully detained and secured in the rear seat of Queenan's Tahoe Police vehicle. Once secured, Queenan continued to coordinate with Luke AFB Officers on the search and seizure of recording equipment to which Queenan updated Luke AFB on State Law. Queenan stated while he waited for Luke Command to decide on a Federal investigation, charges, and evidence search and seizure "for quite an extended period of time", Queenan checked on updating him on the delay of waiting for Federal authorities to decide on their investigation. Queenan then decided to not wait any longer, secured vehicle, and transported to the Glendale City Jail for booking. During booking stated he would bond out of jail and made a phone call to coordinate. Post booking, Queenan returned to the Honda and had the vehicle towed from Luke AFB. Queenan then checked with the jail to discover had bonded out and Queenan secured his property and keys with the vehicle and mailed the pink copy of the tow form to. I then explained to Queenan I had additional questions of which he may have already answered but we would go over them again. I asked Queenan if he had an opportunity to review his Police report and was there anything incorrect or untruthful in the report to which he said the report was correct. I asked Queenan why he responded Code 3 on the call to which he stated based on the distance to the base, Luke AFB Officers stated they were not OK, and not in custody, Queenan responded Code 3 to expedite his response. I asked why was detained to which Queenan stated appeared to be trespassing by being on base, parked to the side, and not being compliant to include not providing Identification. Queenan stated he detained for trespassing to make the scene safe based on the information he had. Queenan stated he told this. I asked Queenan if he identified himself to which he stated: "yes I did". Queenan also acknowledged being in uniform and driving a marked Police vehicle. When Queenan contacted inside his Honda to detain him, I asked Queenan what he saw and heard to which Queenan stated he approached as discussed and saw on his cell phone. Queenan stated: "Opened the driver door and I said Glendale Police and I began to order him out of the vehicle. Mister then leaned towards the center line of the vehicle". Queenan then attempted to gain control of by grabbing his left arm and was saying "no, no, no" to which Queenan continued giving commands to exit the vehicle. Queenan then drew his Taser 26

34 and pointed it at which gained compliance from to include handcuffing. I asked Queenan to describe what he saw concerning how was leaning away from Queenan and what he perceive this to mean to which he stated "it appeared to be defensive resistance and he was leaning towards the inside of the vehicle. I wasn't sure if there was like a weapon in the vehicle or what was going on. But it was clearly the opposite of what I was asking him to do. I was ordering him to get out of the vehicle after identifying myself". I asked what words use to show non-compliance to which he stated: "He kept saying no, no, no, what's your problem. Something like that." I asked what force Queenan used to escort from his vehicle to which he said: "Just a soft hold on his arm. Just walked him over to the half wall. Had him take a seat. No additional force was needed". I confirmed Queenan held left hand while Clubb held the right. Queenan could not remember whose handcuffs were used to detain. Queenan then confirmed a weapon pat down was accomplished as well. I asked Queenan to reconfirm what the investigation involved which resulted in being detained both behind the Honda and in the back of the Police vehicle for an extended amount of time to which he stated post interviews with Luke AFB Officers, the base Legal Office was deciding on a Federal investigation to include a warrant for the search and seizure of the Honda and property. Queenan stated this is what took so long. Queenan again stated he decided to not wait any longer and transported. I asked if requested his cuffs be loosened to which Queenan stated he did and Queenan checked and the cuffs were loose per his training and advised of this. I asked Queenan to describe the arrest of for Failure to Provide Identification and the connection to Luke AFB Officers to which Queenan explained Luke AFB Officers had asked and advised for his Identification and based on his non-compliance was arrested. I confirmed Queenan read his Miranda Warnings. I asked Queenan how he obtained identification to which he stated it was in his wallet seated next to him in his Honda in Plain View and Queenan took it from the wallet believing the wallet and identification were evidence to the crime. I then reviewed the In Car Camera for Queenan's vehicle and a conversation he had with when asked how much bail was and providing identification. Queenan recalled the conversation and stated he was discussing his Honda with and asked how much bail would be or how long the processing would take. Queenan was not sure of the class of charge but indicated the worst would be $500 and told this. responded that he would provide identification. I asked Queenan if he searched Honda to which he stated he performed an Inventory Search for towing. Other than the wallet, Queenan took no other items from the Honda. Queenan described 's cell phone was left with the vehicle to allow Luke AFB Legal time to decide on a warrant while was booked. This included the keys as well to secure the Honda. I asked Queenan if he damaged or removed property from the Honda during his Inventory Search to which he stated he moved items in the trunk to account for everything but did not damage any property. 27