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468. IA investigators never asked SIMON to clear up whose decision it was to pick the

gun up and remove it. IA investigators never asked SIMON if FORD told him to pick up the

gun, as FORD said he did. They never asked SIMON ifhe kicked he gun, as FORD said he did.

469. The IA investigators did not acknowledge with SIMON that the audio recording

of Lundy's MVR was damaged or compromised. The IA investigators did not ask SIMON if he

was aware of the damaged or compromised state of the MVR recording, and did not ask him if

he knew how the audio footage become damaged or compromised.

Officer Michael Lundy

470. On or about July 16, 2008, Lundy submitted a report to his superior, WOODALL,

wherein he stated that he and SIMON went to 621 Gillette to serve two arrest warrants for

COLLIN and Rachael.

471. Lundy's report was false insofar as SIMON never got valid arrest warrants for

COLLIN or Rachael.

472. On July 16, at 5:12 pm, Lundy gave a statement to DD investigators. Ray was

present for this statement, and asked questions of Lundy.

473. Lundy told DD investigators that SIMON showed him a photograph of COLLIN

and Rachael before the officers went to the residence.

474. Lundy stated that when COLLIN resisted being handcuffed, Lundy grabbed

COLLIN by his neck, and the officers took COLLIN down to the ground.

475. Lundy stated that WOODALL approached the struggle with his gun drawn, and

asked "does he have a gun?" and this was before anyone yelled "gun." Lundy stated that after he

grabbed COLLIN's left wrist, "all of a sudden [Lundy heard] 'gun' and then shots fired."

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476. Lundy claimed that, pnor to any shots being fired, he grabbed a hold of

COLLIN's left wrist and left arm.

477. Lundy's DD statement reflects that WOODALL was pointing his gun at COLLIN

for "a few moments" before anyone yelled "gun" and before anyone saw a gun in the possession

or vicinity of COLLIN, which contradicts WOODALL's account.

478. After the officers shots fired their shots, Lundy released COLLIN's left arm.

479. Lundy stated that he never saw a gun attributable to COLLIN until after the

shooting when he noticed "a little black semi automatic gun .. .laying on a brick wall when [he]

passed."

480. Lundy told DD investigators that "within moments" of the shooting, HASTINGS

went inside the residence.

481. Paul told Lundy that COLLIN's arms were behind his back when he was shot,

however, Lundy never told the investigators that a witness told him that COLLIN's arms were

behind his back when he was shot.

482. Lundy told the DD investigators that his MVR audio equipment was fully

operational and functioning during the incident.

483. In the minutes following the shooting, at 10:51:02 on Lundy's MVR recording,

Lundy can be seen manipulating the audio recording capability of his MVR system while talking

to an investigating sergeant. Specifically, at 10:51 :02, Lundy turned off the audio so that what

he said to the sergeant would not be recorded, in clear violation of GO 316.

484. The investigators, including Knowles, used leading questions to mcrease the

likelihood that they would obtain statements, even if false, which favored the officers, such as

"Okay, so it's my understanding this would- this would be a -felony investigation and possibly

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an arrest?" where Lundy had already stated his understanding that the officers were serving

"active" arrest warrants and where he had already included that belief in his report. (emphasis

added)

485. The investigators, including Knowles, used improper questions to increase the

likelihood that they would obtain statements, even if false, which favored the officers, such as

"Okay, could you tell whether the suspect was able to fire uh his gun or not?" where Lundy had

already stated that he never saw a gun in the possession or vicinity of COLLIN.

486. The purpose of the investigators in asking improper questions was to increase the

likelihood that information tending to exonerate officers, even if false, became part of the file to

be reviewed by the Prosecutor.

487. The investigators, including Ray, willfully neglected to ask pertinent follow-up

questions of Lundy. Examples of these omissions include:

a) failing to inquire as to the reasonableness of attempting to

arrest a perceived armed felon at the time, place and in the
manner that the officers attempted to arrest COLLIN;

b) failing to ask Lundy if he could identify which officer

stated ''gun.";

c) failing to ask Lundy why he turned off his MVR recorder

while talking to the sergeant; and

d) failing to inquire as to what Lundy told the sergeant while

Lundy's MVR was disabled.

488. DD investigators never asked Lundy if he heard WOODALL call for assistance

on his radio.

489. DD investigators never asked Lundy if he saw SIMON remove a gun from near

COLLIN, or whether he saw SIMON kick a gun from near COLLIN.

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490. They never asked Lundy if he heard FORD instruct SIMON to pick up the gun

after the shooting. They never asked if Lundy saw anyone move the gun from where it allegedly

dropped.

491. Avoiding material subject matter out of concern that the exploration of same

might lead to information which tends to incriminate a suspect is not consistent with proper

police protocol for homicide investigations.

492. The purpose of these acts and omissions was to prevent information which tended

to incriminate the officers who shot and killed COLLIN from becoming part of the file to be

reviewed by the Prosecutor.

493. On August 6, 2008, Lundy gave his IA statement, pursuant to GO 303.

494. Lundy told IA investigators that SIMON showed photographs of COLLIN and

Rachael to the officers before they went to the residence.

495. When Lundy began to tell IA investigators about the purpose for the officers

going to the residence, they attempted to cut him off before he said something incriminating:

IA investigator: Yeah. I have a couple of questions. When

you first met with Detective Simon at USA
Drug, did he state that a weapon was
involved in the burglary?

Lundy: Uh ... yes. He said that the suspect was

wanted in reference to a residential burglary
and the theft of a 9mm ...

IA investigator: Okay.

Lundy: ... was taken during that burglary.

IA investigator: And my second question ...

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496. IA did not confront Lundy about his telling Ms. Hatfield that the officers had a

warrant for COLLIN and Rachael's arrest, when they did not, even though one can clearly hear

him give this false information to Ms. Hatfield on Lundy's MVR.

497. IA investigators never asked Lundy if he saw SIMON remove a gun from near

COLLIN, or whether he saw SIMON kick a gun from near COLLIN. They never asked Lundy if

he saw anyone move a gun from the area.

498. IA investigators never asked Lundy if he heard FORD instruct SIMON to pick up

the gun after the shooting.

499. The IA investigators did not ask Lundy why seven officers were needed to merely

interview COLLIN and Rachael. They did not ask Lundy why tactical positions were needed to

conduct an interview.

500. The IA investigators did not acknowledge with Lundy that his MVR was

damaged or compromised. The IA investigators did not ask Lundy if he was aware of the

damaged or compromised state of the audio recording, and did not ask him if he knew how the

audio become damaged or compromised.

501. IA did not ask him if he manipulated his microphone at any time.

502. Despite Lundy's actions which were captured by his own MVR camera, he was

never disciplined for manipulating the audio recording, which was a violation of GO 316.

Officer Bryan Gasaway

503. On July 16, 2008, at 5:29 pm, Gasaway gave a statement to DD investigators.

Ray was present for this statement, and asked questions of Gasaway.

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