Hawkins File

8/3/2019 Hawkins File

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9 i f ! J . ! ! t C 9 1 a r k s d a l e H ENRY ESPYMAYORTELEPHONE (662) 621-8164C IT Y H AL L121 SU NFL OW ER A VE NU EPO ST O FFICE B OX 940KSDALE , M I SS IS SI PP I 3 86 14FACSIMILIE (662 ) 621- 8130

CURTIS o. BOSCHERTCITY ATTORNEYTELEPHONE (662) 621-8137

September 9, 2011CATHY CLARKCITY CLERKTELEPHONE (662) 821-8136

Mr. Joshua AntonelliPoliceabuse.com1400 Village Square Boulevard, Suite 3-161Tallahassee, Florida 32312RE: Response to August 26,2011 Public Records Request RegardingArrest of Curtis Hawkins on June 4,2011Dear Mr. Antonelli:With regard to the above captioned matter, enclosed are the documents in response to your recordsrequest as follows:

1. Clarksdale Police Department Call for Service No. 11-0027472. Clarksdale Police Department Arrest Report No. 11-0010653. Clarksdale Police Department Arrest Report (handwritten)4. Affidavit of Arrest for Public Drunk5. Affidavit of Arrest for Disorderly Conduct6. Taser Supervisory Taser Use Report7. Daily Operating Log of June 4, 2011 from 018-146 hours8. Clarksdale Police Department Use of Force Policy9. DVD of Radio Communication10. DVD of Taser Camera and Taser Training Academy Version 17 Training andInformation Disc for Taser X26

No administrative or citizen complaints have been lodged against Officer Stribling.Please remit $20.00 for the cost of production. If you have any questions or comments, please feel freeto contact me. .Sincerely,CITY OF CLARKSDALE, MISSISSIPPI

&_C)J~Curtis D. BoschertCity AttorneyEnclosures, as statedcc: City Clerk Cathy Clark (w/enc.)Commissioner

Bo PlunkCommissionerGrady Palmer

CommissionerBuster Moton

CommissionerEdward Seals


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CLARKSDALEPOUCEDEPARTMENTAGENCY: 1401

Call for Service # ;11-002747.Case # :~2S Complainant: LASHANTA D HAWKINS, 150 MONROE CIRCLE,3217TH STREET, CLARKSDALE, MS 38614Offense: 79 : DOMESTIC DISPUTECall Received by: DISPATCH CENTRAL (934)Responding Officer. JAMIE STRIBLING, IV (263)Location of Incident: 150 MONROE CIRCLEReceived: 00:46 Responded: 00:46Status: NONE AT THIS TIMEInvolved: NONE

Home Phone: 302-0660'2Work Phone:

2S Date: 06/04/2011Beat: 46

Arrived: 00:48 Completed: 02:24Date:

Parents: NONEReport party: NONESuspects: NONEVictims: NONEWitnesses: NONE

JAMIE STRIBLING, IV (263)W On the above date and time I, Officer Stribling was dispatched to 150 Monroe Cirlce in response to a disturbance.Upon arrival, I spoke with Curtis and Lashanta Hawkins who stated they were in an argument and that Ms. Hawkinshad called police. Next, I advised Curtis to come to the rear of Ms. Hawkins' vehicle and place his hands on thetrunk and advised Ms. Hawkins to stay in her vehicle with their 9 yr old son and 10 yr old daughter. At this pointCurtis began to walk west bound away from the vehicle. I gave verbal commands to Curtis to come back to thevehicle but he refused. Next, I grabbed Mr. Hawkins by his right arm and stated to come back to Ms. Hawkins'vehicle. At this point, Curtis jerked away from me and and continued walking. At this point, Mr. Hawkins was tasedand arrested for Disorderly Conduct- Failure to Comply and Public Drunk. Mr. Hawkins eyes were bloodshot and Icould smell alcohol on his breath. Ms. Hawkins stated Mr. Hawkins followed her out to her vehicle during their

argument as she was trying to leave. Ms. Hawkins stated Curtis was yelling at her thoughout the argument and wasnot allowing her and their two children to leave so she called police.Total calls: 1

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CLARKSDALE POLICE DEPARTMENTAGENCY: 1401.

ARREST REPORT # 11-001065

'Ii' Home Phone: (601) 902-1046Employer:Drivers License #: 801922443Age: 43 Sex: M Race: BSkin Marks: NONE OR UNKNOWNDate of Birth: 04/0211968 Place of Birth: MSKnow Aliases: CURTIS L HAWKIN, CURTIS HAWKINS, CURTIS hawkins~ DateiTime of Arrest: 06/04/2011 00:45 Location: 150 MONROE CIRCLE

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Soc Sec: 427-27-1653 t b tflWork Phone: (601) -

State: MS Type: C Expires:Height: 5'08" Weight: 150 Hair: BlK Eyes: BRa

e: Anestee:CURTIS lEE HAWKINS, 645 BARNES ST.l8755 OLD -0004428HWY 49, 2104 WADE WALTON APT, CLARKSDALE,MS 38614-

r:r Offense #1: 31 : PUBLIC DRUNK (97-29-47)Case #: 11-000002613 UCR:Court: M 06/16/2011 14:00

23 Felony0 ~Date of Offense: 06/0412011Bond Amount: $247.50

r:r Offense #2: 24D : DISORDERLY CONDUCTCase #: 11-000002613 UCR:Court: M 06/16/2011 14:00

Felony 0 ~Date of Offense: 06/04/2011Bond Amount: $197.50

Bond Company: CINDY'SCustody Status: RELEASED, WRITTEN BONDDrinking 0 Drunk 0 On Drugs 0

Total Bond: $445.00Receipt#:

Resistive 0 Cooperative 0 Belligerent 0Arrest made: ON VIEWWeapon:

Warrant #Vehicle Towed by: Phone Call

Rights Given DateiTime, Location:e: Arresting Officer: JAMIE STRIBLING, IV (263)

Page 1 Printed 08/08/2011 11:50

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SCIRE FACIAS _ FINAL JUDGEMENT

ARREST REPORT JUDGEMENT DUEB t J Y 1 c / .

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AL INFORMATION NOT C:OV~REO ABOVE.

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-"oSIPPI_COURT

,.:CLARKSDALEMISCELLANEOUS CHARGEAFFIDAVIT 9F ARREST

Personalty appeared before me, the undersigned officer of said court, _ . . . . . : , . u . . s . L . m ~ / , . . . l ; < - - _. 5 f i . L . . . L - " r - ' I '- ' ) ,~ ~ + I . . L . O . _ 3 ' 9 -ho stated under oath that /v .c ll.< 1 Ia ",,;A J 'n ; -id, on or about the i! day of - - i - 1 - ; - H 7 aac .: ,2011, unlawfully and willfully )run k t J nI1aflcoe ~'(%/C I a O l , b t ' ? c d a ( ' ~ ,/4 t-hl;' J2c&:~n.:;C' al t A l ar r 7 7

rYJt}CC IO~cs:oas

n violation of the peace, dignity and laws of t.he State of Mississippi andfor the ordinances of said city within the corporamits of said city for which he did arrest said defendant(s) and charged said defendant(s) withP u h / l ~ U J 1 i 2 kqZ - ; Z q - 2 / Z

AffiantSworn to and subscribed before me this the day of , 201

efendant may be released on bail upon making bail bond in the amount of $ _onditioned upon appearance in court for arraignment on the day of , 2011___ p.m. o'clock. 4!Ji tr /_! :}e{/ j !10~!Tf/)( j V c ! c :

lMlJfliCipaIJudge/Court Cerk/Deputy Cerk


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fVII;:)SISSIPPIALCOURT

( OF CLARKSDALEMISCELLANEOUS CHARGEAFFIDAVIT OF ARREST

- - -ersonally appeared before me, the undersigned officer of said court, - ; - . J ~ a . .. ..n ~ / { ; , . : c _ s J < - < r . - - , r ,- ,J , - " b .L . , / " _ I , _ , n ~ J r - _stated under oath that ~a:c &wi ! a Son or about the if day of - - - - 4 0 J U ~ ' - < , I Z ~ I " ' :. . . . - - - - - , 2011, unlawfully and willfully it)! th Ia Idf

J uL~c to 4:'4mfly t,lLf i t thea (c r:~ f tU? "1 ' PtPC~oOrl

iolation of the peace, dignity and laws of the State of Mississippi and/or the ordinances of said c~tywithin the corporateits of said city for which he did arrest said defendant(s) and charged said defendant(s) with _D , : s a c . d c d'( / o a c l . u : - t - fa I '/ tire T o /omftv17- 3--Z{l)

AffiantSworn to and subscribed before me this the - - [ J - - + - f - - day of ~ Iv ~ ,2011.

fendant may be released on bail upon making bail bond in the amount of $ _ditioned upon appearance in court for arraignment on the day of , 2011 at

p.m. o'clock.

Municipal Judge/Court Clerk/Deputy Clerk


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.' .~

0..TASERProect Lfe

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SUPERVISORY TASER USE REPORTDate/Time: t~!fIIJ//2~(k.M.TASER Officer's Name: a : ; a z , : c .>fe/hl,;, 7E-mail: j .s -tCth t"7ffa& .m a.. . < < 7 1 ' 1 1 Department: //t,rrk~Ja.l, & I)~cDept Address: 121 fUaf/owcc Phone: '(~-',2/-gISIOn Scene Supervisor: /"ft. t . H ! I t : r e t S " Officer(s) Involved: A l A IITASER~ Model (check one): XTASER X26 _ ADVANCED TASER M26If an ADVANCED TASER M26 Was Used, What Battery Type: _ Alkaline _ NiMH RechargeableTASER Cartridge Type(s): _ 21-ft Standard _ 21-ft XP . .& : :2 5 - f t Standard _ 25-ft XP35-ft XP 15-ftTASER Serial #: .xOt2=illlf'f6 Medical Facility: M u r c Doctor: -'~'-I.I-'1A,:-,--,- _, p ,t:or.J t"'C' L '1 cCH,,,du.:.-rNature of the Call or Incident O { S ( u ( h Mt:t: Charges: f"lI;I'f lZruok Booked:6) NType of SubJect : K'Human AnimalLocation of Incident: ( ) Indoor ~utdoor ( ) Jail ( ) HospitalType of Force Used (Check all that apply): ( )physical ( )Baton ( )Impact Munition( )Chemical ( ) FirearmNature of the Injuries and Medical Treatment Required: ! : I .m z < ', ~ ~ ~ - - - - - - - - - - - - - - - - - - - - - -Admitted to Hospital for Injuries: Y & Admitted toHospital for Psychiatric: Y @Medical Exam: Y& Suspect Under the influen~rugs (specify): _.Was an officerllaw enforcement employee injured other than by TASER? v{!j)Incident Type (circle appropriate response(s) below):

Cf;il Di~rba~ SuicidalAge: rY Sex: d Suicide by Cop Violent Suspect Barricaded Warrant OtherHeight: 5-0~ Race: B Weight: I 7Was a TASER CAM in use?&' NTASER use (Circle one~ FailureNumber of cartridges fired: . l Suspect wearing heaving or loose clothes: Y 6 YNumber of cycles applied: _ - - ' - 1 _Usage (check one): ( ) Arc Display Only. () Laser Display Only ~SER Application


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-~ . "TASER: I~ this a dart probe contact & N Is this a drive stun contact Y r 9Approximate target distance at the time of the dart launch: ? feetDistance between the two probes: I S inches Need for an additional shot? Y@Did dart contacts penetrate the subject's Skin?&' N Probes removed on sceneO' NDid TASER 'application cause injury: Y t i P If yes, was the subject treated for the injury: Y' N

".DESCRIPTION OF INJURY:

APPLICATION AREAS(Place "X's" where probes hit suspect AND "Ds" where stunned)

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SYNOPSIS:

Need for additional applications? Y~ Did the device respond satisfactorifY?6'l1 NIf the TASER deployment was unsuccessful was a DRIVE STUN followup used? YINDescribe the subject's demeanor after the device was used or


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. ~"_" r.

Chemical Spray:Y'6Authorized control holds: Y@ Baton or Blunt Instrument: Y e >If yes, what types: _

ADDITIONAL INFORMA TlON

I. Save this file to your hard drive and for your department archives.2. Submit this report to the national TASER technology incident database.3. Results of uses are reviewed by TASER Infl to adjust training issues and concerns as weir.4. Email this copy to Andrew@TASERcom. If you cannot email, please fax a copy of this report to:(480) 991-0791 Attn: Andrew Hinz (Ph: 800-978-2737ext. 2048).


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12. Use of Physical (Non-Deadly) Force - Malicious assaults or batteries committed by membersconstitute gross misconduct. The use of physical force shall be restricted to circumstances specifiedby law when necessary to accomplish a police task successfully. Whenever a member, either on oroff duty, is required to strike or use considerable force against another person, he immediately shallcall a superior officer to the scene, or, if not practical, contact him as soon as possible following theincident arid submit a written report to the chief of police through normal channels.

a. General Policy - The primary duty of the police officer is to serve the community. Beforeany police officer can effectively handle this responsibility, a practical knowledge of thecriminal code and laws governing what constitutes non-deadly force must be known. Whilea police officer has the legal duty to enforce the law, the method of enforcement must betempered with common sense and an understanding of moral and legal responsibility.Therefore, it is the policy of this department that members shall use only that amount of forcewhich is reasonably necessary to overcome the resistance being offered.

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b. Degree of Force - An arresting officer, therefore, may only use such force as hereasonably believes to be necessary under the circumstances. The courts have interpreted theabove phrase to mean that the arresting officer may only use "that degree of force which anordinarily prudent and intelligent person, with the knowledge of one in a situation of thearresting officer, would have deemed necessary." The ultimate test as to whether excessiveforce was used is therefore, in reality, not what the arresting officer thought was reasonableunder the circumstances, but what a detached neutral third party with knowledge of thesituation would have thought to be "reasonable". Finally, a police officer may never usedeadly force merely to effect the arrest of a misdemeanant.c. Reason for Arrest - A person who is told that he is under arrest may become illogical andirrational and likely to resist arrest and to necessitate the use of non-deadly force. In orderto prevent such occurrence, each officer will, whenever possible, prior to making an arrest,advise the subject that he is a police officer, inform the subject that he is under arrest, specifythe charges, and advise the subject that he must follow the lawful orders of that officer.d. Search of Prisoners - A subject who has weapons or contraband concealed upon hisperson is likely to resist arrest and to necessitate the use of non-deadly force. Each prisonerwill, therefore, be thoroughly searched for weapons, escape devices, and contrabandimmediately after he is arrested. Failure to perform a proper search can result in injury ordeath of the arresting officer and others.e. Protect the Prisoners - Domestic disturbances, assaults, and other crimes will at timesprovoke the victim to attempt an assault upon the prisoner. The arresting officer, however,is personally liable for the safety of his prisoner, and no one can be permitted to use physicalforce upon a prisoner after he has been taken into custody. Additionally, when handcuffs orother restraints are applied to a prisoner they must be correctly applied to prevent injury tothe prisoner.

13. Use of Deadly Force - The primary duty of the police officer is to serve the community. Beforeany police officer can effectively handle this responsibility, a practical knowledge of the CriminalCode and the laws governing the right to use deadly force must be known. While a police officerhas the legal duty to enforce the law, the method of enforcement must be tempered with commonsense and an understanding of moral and legal responsibility.

a. General Policy -It is the policy of this department that members shall exhaust all otherreasonable means of apprehension and control before resorting to the use of deadly force.b. Misdemeanants - A police officer is justified in using deadly force against amisdemeanant only when such force is reasonably necessary in self defense to prevent deathor serious bodily injury to the arresting officer or others. "Serious bodily injury" means aninjury which creates a substantial risk of death or which causes serious, permanentdisfigurement, or protracted loss or impairment of the function of any bodily member ororgan. A police officer is never justified inusing deadly force against a misdemeanant solelyto effect the arrest of that person on a misdemeanor charge. Additionally, a police officer isnever justified in using deadly force against a fleeing misdemeanant, even if the officerknows that the misdemeanant will escape if deadly force is not used.

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c. Fleeing Felons - Deadly force should be used against fleeing felons only when:The crime for which the arrest is to be made involved conduct including the use ofthreatened use of deadly force, orSubstantial risk exists that the fleeing felons would cause death or serious bodilyharm to others if his apprehension were delayed.

d. Non-fleeing Felons - A police officer isjustified in using deadly force against non-fleeingfelons only when such force is reasonably necessary to prevent death or serious bodily injuryto himself or another person.e. Examples - A police officer should:

Never assume that a crime has actually occurred. Radio information may beinaccurate; the average citizen is not aware of major crime distinctions.Never assume the running individual to be the offender. The person running couldbe the crime victim. He could be an innocent bystander chasing the offender, orrunning for help.Never assume the severity of a crime. "Robbery in progress" may be a minor theft."Man with a gun" may be a domestic disturbance.Never fire a weapon from or at moving vehicles. Unless the situation poses a directand immediate threat to the life of the officer or another, and then only as a lastresort.Never use a firearm while in pursuit of a traffic violator. You cannot shootmisdemeanants.Never fire warning shots. It is the policy of this department that police officers willnever, under any circumstances, fire warning shots.Never use a weapon to destroy animals. All reasonable means must be employed toconfine or contain vicious or rabid animals, and personal firearms will not be usedunless there is an immediate threat of death or serious bodily injury to yourself orothers. Officers may be required to shoot dogs that have been declared vicious by theCity Engineer's Office. When this request is made, the shift commander will givethe officer permission to shoot the dog with a shotgun containing a light loaded shell.Never use buckshot.

f. Purpose of Policy - The purpose of this policy is to emphasize the policy of thedepartment, and the legal and moral implications of firearms use. Knowing andunderstanding this policy on the use of force and firearms will enable all officers to actwithout hesitation when such a situation develops. The discharge of a firearm is anextremely serious and irreversible action, and an action of last resort.

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DAILY OPERATING LOG,

CALL LE'ITERS WPKF 420 FREQUENCY 155.01

UNIT CALLTIMEARRIVALTIME TIMEIN ASSIGNMENT1 NATURE OF CALL OR REMARKS

COMPLAINT I SIGNA 11JNUMBER NOT INITIAL

~-ICD'(J~

l3bO""L'-\~ IO-~~

.dO L 1 1 ' ; ; ; ~ '~~ t~ %'BD

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~ s h u c . . R - " , t o l l ~ \ \ ;Clarksdale Housing AuthoritySecurityIncident Report

ate of Complaint: 06-04-2011 Case number: 2011-0022ame of Complainant: Lashanta Deneen Hawkins Address: 150 Monroe Circleype of Complaint: Domestic Disturbancehone numbers: N /A . . . .:Cell phone: 662-302-0660ay, Date and time of Incident: ~aturday, 06-04-2011, 12:46 AM

itness name and address: Unknownuspect name and address: Curtis Hawkins, 150 Monroe Circle, Clarksdale, Mississippi 38614ive details of incident, Who. What, Where. When, How. Etc.. th e re po rt d ate a nd tim e, I, J osh V ale ntin e (In ve stig atin g O ffic er). h ea rd ra dio tra ffic o n th e p olic e sc an ne r. T he C la rk sd alelic e D ep artm en t's R ad io D isp atch er d isp atch ed p olice o ffice rs to 1 50 M on ro e C irc le co nce rn in g a d istu rb an ce , in p ro gre ss . Ais tim e, I re sp on de d to th e in cid en t lo ca tio n from a s ho rt d is ta nce a wa y.o n a rrivin g a t th e in cid en t lo ca tio n, I o bse rv ed O ffic er Jamie S trib lin g e ng ag ed in a p hys ic al c on fro nta tio n w ith a b la ck m alea med C urbs H aw kins (D ate of B irth: 04-0 2-1968, H eight 5 '0 8, W eigh t 175Ibs.). O fficer S trib ling tried to investigate the m atteic h tim e C urtis b ec am e v ery lo ud , b oiste ro us, c om ba tive a nd b ellig ere nt to wa rd s O ffice r S trib lin g. O ffic er S trib lin g m ad e a ntemp t to a rre st C urtis , b ut C urtis sn atch ed a wa y a nd trie d to ru n a wa y. O ffic er S trib lin g imm ed ia te ly d ep lo ye d h is T ase r a ndto pp ed C urtis from re sis tin g a rre st b y ta sin g h im . A fte r O ffic er S trib lin g h ad ta se d C urtis , I a ss is te d O ffice r S trib lin g with subdund handcuffing Curtis in order for O fficer S trib ling to properly remove the Taser Darts from Curtis back.fic er S trib lin g a rre ste d C urtis fo r D is ord erly C on du ct a nd P ub lic D ru nk a nd tra ns po rte d h im to th e C la rks da le P olic e D ep artm et thIS t ime, I in te rv iewed the v ic tim , Mrs. L as ha nta D en ee n H aw kin s (B la ck fe ma le , D ate o f B irth : 0 3-2 4-1 98 3, T en an t # 92691o stated C urtis h ad been verb ally haraS Sing and argu ing w ith her the entire night, but the situation becam e w orse w hen C urtie fused to let her get into her car in order to leave the hou se w ith the ir children. La shanta stated th at d ue to C urtis acting veryio lent, she decided to call 911 for help. ." 'sh an ta fa rth er sta te d th at d ue to h er m ed iC al co nd itio ns, th e C la rk sd ale H ou sin g A uth ority g ave h er p erm issio n to le t C urtis lifo r a while,e In ve stig atin g O ffice r m et w ith C urtis H aw kin s a nd O ffic er S trib lin g a t th e C la rks da le P olice D ep artm en t w he re I a dvise d C ut h e w as ba nned from all properties of the C larksdale H ousing A uthority . I inform ed C urtis that h e w ould be a rre ste d f ore sp as sin g if h e re tu rn s to CHA 's p ro pe rty w ith ou t th e p ro pe r a uth oriz atio n. J further advised C urtis that he could get an esco rtom th e CHA 's S ec urity S ta ff o r th e C la rksd ale P olic e D ep artm en t to p ick up h is b elo ng in gs.F ile th is re po rt w ith C PO R ep ort # 6-108

vestigating Officer: Josh Va len ti ne


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The reason why I called the police was I was upset with Curtis forcoming home at 12: 35am. And when he came in he was trying toexplain why he came home so late. He said he was over hisstepbrother house because his step mother had passed. I didn'twant to hear what he had to say and I said I was going to spend thenight over my moms house. I went outside and he came out behindme and sat on the doorway of my car , so I couldn't leave. Wewere not fighting, cussing, or talking loudly. I told the dispatchthis. I simply called the police to ASK Curtis to stand up out thedoorway so I could leave. Once the police came, he made amountain out of a mole. I would have never called the police if Iknewthey were going to hurt my husband like they did. I'm sorryfor calling them, now. The whole situation turned for the worstwhen the police came out. The police charged Curtis withDisorderly Conduct and Public Drunk AFTER he tased myhusband. The police officer( Jamie Stribling) told Curtis he chargeshim with those charges because Curtis eyes were bloodshot. Curtishas always had red eyes and when got shot and fell down on hisribs that ran his blood pressure up. Curtis takes around 20+ pills aday for blood pressure, pain, depression and muscle spasms.That's why Curtis eyes were red because he doesn't drink. And asfar as Disorderly Conduct Curtis wasn't doing anything to no one.Not even me, he just wouldn't move out my door so I could driveaway.The police put inhis report that he told Curtis to put his hands onthe car trunk but he didn't and that he gave Curtis verbal commandto come back to the trunk and Curtis refused next he grabbedCurtis by his right arm and Curtis jerked away and continuedwalking then he tased Curtis. The Clarksdale HousingAuthority(CHA) security wrote inhis report that the police officerand Curtis were engaged ina physical confrontation and that Curtiswas vel)' loud, boisterous, combative, and belligerent towards thepolice officer and that Curtis tried to run. Truth be told CurtisCAN'T run because of his disabilities. And that we had been


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arguing the entire night. Both Curtis and I had just made it home at. 12:35 and the police were called at 12:42am. Then security saidCurtis was acting violent and I called 911. No I called policedepartment and their phone # is (662)621-8151. That is ALL falseinformation. I didn't even speak with security, I spoke with thepolice. The security just wrote what he wanted to write. The policeeven gave the security my drivers license after he wrote hisinformation. The security didn't interview me. eHA security wrotefalse information to get me evicted and the police officer wrotesome-details that were false to cover himself for tasering myhusband for no reason.

Documents

Hawkins File