--_. --~.c~ 'date of birth and 'sacral security number listed on the arrest warrant for MichaelK-eenon,- McCann.

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~ew Orleans Police Department Item J-6204-05 Detective Sergeant James Anderson, employed by the New Orleans Police Department, assigned to the Operations.Bureau-Investigative-Se.rvie~j.:yisi0n.-'"~"-L c. Z=",:,,. Homicide Section respectfully reports the handling of a police shooting incident that". """ "~ooccurred days after Hurricane Katrina. The item number documented for this incident was J-6204-05. On Wednesday, October 12th, 2005, Sergeant Anderson met with Captain Jeff. Win and Lieutenant Dwayne Scheuermann, both assigned to the Special Operations Division (SOD)-Tactical Unit of the New Orleans Police Department. This meeting was in referenge to a police related shooting that occurred days after Hunicane Katrina struck the city of New Orleans. Accord~ng to Captain Winn, on Thursday, September 1,2005 he was notified by K-9 units that several suspects were stealing Kentw,ood Spring Water bottling trucks and with the guise of trying to help people were actually robbing them: The robberies were taking place on the Claiborne A venue overpass where people were trying to evacuate from the storm.. Captain Winn and Lieutenant Scheuennann assembled several SOD units to proceed to the area of the Claiborne Avenue overpass. (It is unknown how many units responded from the Tactical and K-9 divisions). As several units arrived they observed several Kentwood trucks on the overpass. The units proceeded to intercept the truck, and took a frontal approach to the truck. Captain Winn and Lieutenant Scheuermann were positioned on an adjacent ramp across from the Kentwood trucks and SOD units. As the units were approaching the Kentwood trucks, Captain Winn and Lieutenant Scheuermann observed a black male exit one of the trucks and retreat to the rear of the vehicle. They further observed the black male produce a handgun and point it in the direction of the oncoming officers. Captain Winn and Lieutenant Scheuennann, fearing for the officers lives, fired several rounds at the subject, striking him in the right lateral area. It is not known if the wound was a through and through or if the bullet was removed or is still in McCann. A search for the suspect's weapon proved negative.. The subject, identified as Michael Keenon McCann, black male, 10-6-1976, was captured without further incident and evacuated via military helicopter to an undisclosed location..*note** At the time of this incident, the suspect identified himself as Michael Keenon McCann. Subsequently, an arrest warrant was issued in the same name: However, the suspect's name is believed to be Keenon Michael McCann,with the same,",. --_. --~.c~ 'date of birth and 'sacral security number listed on the arrest warrant for MichaelK-eenon,- McCann. Sergeant James Anderson Badge 464 Page2of6

enew Orleans Police Department Item J-6204-0S A check of McCann's criminal history revealed one traffic arrest and one state misdemeanor arre$t for possession of marijuana, first -offense.- ThC}-atres-t,fof:possession resulted in a plea of guilty and McCann was placed on pro\?ation in 1997. A copy of McCann's MOTION printout can be found in the case file. On Friday, October 21,2005 at approximately lo:ooam, Sergeant Anderson met with Sergeant Paul Monies of the Public Integrity Division at the intersection of Julia Street and Convention Center Boulevard. According to Sergeant Monies, on the morning of September 1, 2005, he was working on rescue missions aboard a 2 ~ ton military truck at the intersection of Shirley and General Meyer. Sergeant Monies was notified of a suspect that needed transportation from the Claiborne A venue overpass to the Superdome. Sergeant Monies anived at the Claiborne Avenue overpass and observed McCann in police custody. McCann was transported to the evacuation zone at the Superdome'sheliport where he was flown via military aircraft to an unknown locatio.~ ~ Due to the circumstances, McCann was never formally charged with aggravated assault. Therefore, on October 27, 2005 at approximately lo:50am, Sergeant Anderson met with the Honorable Marie Booker and presented her with the documents needed for an application for an arrest warrant, as well as the arrest warrant filed against McCann for the crime of aggravated assault. Judge Booker signed both original documents as well as several copies. - Sergeant Anderson delivered a copy of these documents to the National Crime Information Center (NCIC) and a crime bulletin was subsequently sent by Detective Jeff Jacob of the Eighth District. Copies of all the above documents can be found in the case file. On Tuesday, November 22, 2005, at approximately lo:ooam, Sergeant Anderson met with Captain Winn and Lieutenant Scheuermann at the Claiborne A venue overpass ramp at its' intersection with Poydras Street. With the assistance of Crime Scene Technicians Teddy Fambro and Tracy Haas, photographs were taken to better depict the crime scene for future reference. A total of eleven photographs were taken; six -. showing the officers vantage point and five from where the suspect was fired upon and subsequently captured. (Copies of these photographs and the crime scene technician's reports can be found in the case file). -------------- ---------***NOTE*** Also pr-esent during this meeting with Captain Winn and Lieutenant Scheuermann, was Alex Brandon, who is a photographer with the Times.. Picayune newspaper. Brandon was riding with these officers on the morning of the shooting incident. However, Brandon declined to be interviewed about the incident until. he-gets clearance from the legal department at the -newspaper or subpoenaed-by the District Attorney's office. A copy of a picture taken by Brandon that was found on the Internet at NOLA.com of McCann after he was shot can be found in the case file. ) ~,... t.. "':.'. -."",,,',,.."". Sergeant James Anderson Badge 464 Page30f6

enew Orleans Police Department, Item J-6204-0S Captain Winn and Lieutenant Scheuermann rendered audiocassette taped statements. Below is a list of-thosestatements-and-a brief gist of-each,statemert.-~.;"'::-~"~7~- 7:~'-72Z::~ New Orleans Police Captain JefTWinn, Black Male, Date of Birth 8-27-1962, Badge #37, assignment/sod Tactical-Commander, 1700 Moss Street. Statement taken by Detective George Waguespack of the Homicide Section in the 1800 block of Tulane Avenue on November 22, 2005 at approximately 11 :30AM. Karen Barbaro, who is assigned to the homicide clerical staff, later transcribed this statement. GIST: CaptainWinn stated that on the morning of the shooting, he received information from Captain Clarence Hebert of the K-9 Division that several unknown subjects had hijacked a Kentwood truck and would rob people who were coming to them for water. Further information received was that these same individuals had shot someone and threw them over.the Claiborne overpass. Additional reports were they also were raping women. Captaip Winn assembled several tactical units and at approximately 1 :OOPM ", located.seyeral,kentwood trucks on the Pontc.hartrain Expressway. Several tactical units and K-9 units drove up the off-ramp, opposite traffic and took a frontal position to the trucks. Captain Winn took a position on the adjacent ramp for a better visual on the trucks and his officers. Captain Winn observed the subject, later identified as Michael McCann; exit the passenger side of the Kentwood truck that was approximately third in line on the ramp. Captain Winn observed that McCann was armed with a blue-steel automatic handgun, retreated to the rear of the truck and was lying in wait for.the oncoming officers. Captain Winn attempted to radio his officers about the armed suspect but the system was not working properly. Captain Winn and Lieutenant Scheuermann began shouting to the officers, but due to the aircraft traffic around the Superdome, could not get their attention. Fearing that the subject was about to open fire on the apptoaching officers, Captain Winn took aim and fired twice at McCann. McCann ran toward Martin Luther King A venue in an uptown direction where he was captured and found to have suffered from a single gunshot wound. New Orleans Police Lieutenant Dwayne Scheuermann, White Male, Date of Birth 10-24-1962, Badge #140, assignment/sod Tactical-Assistant Commander, 1700 Moss Street. Statement taken by Detective Winston Harbin of the Homicide Section in the 1800 block of Tulane A venue on November 22, 2005 at approximately 11 :30AM. ~aren Barbaro later transcribed this statement.. GIST: Lieutenant Scheuermann's statement mirrors that of Captain Winn's with a few exceptions. Lieutenant Scheuermann observed McCann exit the first Kentwood truck anned with a blue steel automatic handgun. Lieutenant Scheuermann, fearing for his officers lives, fired several rounds at McCann. ***NOTE*** After reviewing the above statements Sergeant Anderson spoke to Captairi Winnand Lieutenant Scheuermann separately about the discrepancy in~what truck McCann exited., The discrepancy was that Lieutenant Scheuermann was counting from right to left while Captain Winn was counting left to right. Sergeant James Anderson Badge 464 Page 4 of6

.New Orleans Police Department Item J 6204 0S Additionally, the amount of actual rounds fired by Lieutenant Scheuennann remains unknown. Although the weapon. used hy~lieutenant-scheue11llann-nonnah : holds thirty rounds, the magazine was not loaded to full capacity. Copies of the above transcripts can be found in the case file. The original cassette tapes containing the above statements were later placed into evidence. On Wednesday November 30, 2005, at about 9:50AM, Detective Waguespack and Firearms Examiner Meredith Acosta of the New Orleans Police Department collected the rifles used in the shooting from Captain Jeff Winn and Lieutenant Dwayne Scheuennann. The guns were picked up from Havans Elementary School, located at 3819 Herschel Street, the temporary office of the Tactical Unit. Captain Winn's weapon was a Colt ARl5 AA Spotter, bearing serial number SP338981. Lieutenant Scheuermann's weapon was a Colt M16 A2 Commando, bearing serial number A0172044. Detective Waguespack and Examiner Acosta took the rifles to the Jefferson Parish Sheriff's Office Crime Lab, located at 3300 Metairie Road, located in Metairie, Louisiana. The Jefferson Parish <;:rime Lab is one of the locations utilized by NOPD firearms examiners since Hurricane Katrina. With the assistance of Tim Scanlan, Forensic Scientist for the Jefferson Parish Sheriff's Office, Examiner Acosta test fired the weapons. Examiner Acosta stated the weapons were functional and the bullets fired were placed into evidence in the event they - are needed for comparison purposes. At about 12:55PM, Detective Waguespack and Examiner Acosta went to 2400 Canal Street and returned the weapons to Captain Winn and Lieutenant Scheuennann. The building at 2400 Canal Street was a vacated city building used by the NOPD SWAT team for training purposes. After McCann's picture was posted in the "New Orleans Most Wanted" section of the Times-Picayune newspaper, McCann surrendered to the Orleans Parish Criminal Sheriff's office on March 10,2006 at approximately 11:15AM, where he was charged with Aggravated Assault. Under advice from his attorney, McCann invoked his Fifth Amendment right and made no statement about the incident. CONCLUSION Note that as of this writing, the investigation into the shooting of Keenon- Michael McCann is ongoing. As a result of the continuing investigation., should any further statements relative to this incident ~ received, they will be included in a supplemental report and placed in this investigation case file forpennanent record Sergeant James Anderson Badge 464 PageS of6

enew Orleans Police Department Item J-6204-0S This case is different than most. This investigation started approximately 1 ~ months after the original incident. Therefore; like-in most case&-where;:,witnesses~an~;~;:::-' evidence is-immediately present, this investigation is limited in those fields.. Investigators combed the area under the overpass on several occasions looking for McCann'.s weapon but the searches were futile. It is believed that McCann could have tossed the weapon into the flooded waters at the time of the incident or discarded the weapon on the overpass where it was picked up by one of the hundreds of evacuees. Final disposition of this case will be detennined after a consultation with the Orleans Parish District Attorney's office.. DETECI'IVE SERGEANT JAMES ANDERSON OPERATIONS BUREAU INVESTIGATIVE' SUPPORT DIVISION HOMICIDE SECTION Sergeant James Anderson Badge 464 Page fi orfi