officer james yacobellis- sp11!10!083- response to pr# 2400

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THE STATE OF FLORIDACOUNTY OF BROWARD

IN RE:INVESTIGATIONSPll -10-083______________________________!

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SWORN STATEMENT OF OFFICER JAMES YACOBELLIS

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Tuesday, August 21, 2012,1:21 p.m. - 2:01 p.m.

201 Southeast 6th St ree tFor t Lauderdale , Flor ida 33301

Reported By:JENNIFER DRURY, COURT REPORTERNotary Publ ic , Sta te of F lo r idaBai ley & Assoc ia te s Report ing , Inc .200 sou theas t 6th St ree t , Sui t e 601For t Lauderdale , p lo r ida 33301Phone - 954-358-9090

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1 APPEARANCES:2 ON BEHALF OF THE STATE OF FLORIDA:3 STEFANIE NEWMANASSISTANT STATE ATTORNEY456

BROWARD COUNTY STATE ATTORNEY'S OFFICE201 Southeas t 6 th St r e e tFo r t Lauderdale , Fl o r i d a 33301954-831-6955ANGELO PAZIENZA, INVESTIGATOR7 BROWARD COUNTY STATE ATTORNEY'S OFFICE

8 ON BEHALF OF THE WITNESS:9 TONY ALFERO, ESQUIRE

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BROWARD COUNTY POLICE BENEVOLENT ASSOCIATION,10 2650 W. Sta t e Road 84

Fo r t Lauderdale , Flo r ida 3331211 954-584-76001213141516171819202122232425

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I N D E XWITNESS:

OFFICER JAMES YACOBELLISEXAMINATION BY MS. NEWMAN:

N 0 E X H I B I T S M A R K E D


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Page41 Statement taken before JENNIFER DRURY, Reporter and2 Notary Public in and fo r the State of Flor ida a t3 Large, in the above cause .45 Thereupon,6 OFFICER JAMES YACOBELLIS,7 having been f i r s t duly sworn or aff i rmed, was8 examined and s ta ted as follows:9 EXAMINATION

10 BY MS. NEWMAN:11 Q. Can you please s ta te your fu l l name and spe l l12 your l a s t name fo r the record?13 A. James Peter Yacobel l is , Y-A-C-0-B-E-L-L-I-S.14 Q. Mr. Yacobel l is , my name i s Stefanie Newman.15 I 'm an Ass is tan t Sta te Attorney. Also presen t with16 me i s my i nves t iga to r , Angelo Pazienza.17 MS ..NEWMAN: And Counsel, can you please18 s ta te your name for the record?19 MR. ALFERO: Tony Alfero, A-L-F-E-R-0.20 BY MS. NEWMAN:21 Q. Now, Mr. Yacobel l is , you a re here today to22 provide a volunta ry s tatement . You're here with your23 a t torney. This i s in reference to the Sta t e ' s24 invest iga t ion , case number SP11-10-083.25 Before we get s ta r t ed I would l ike to advise


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Page 51 you of your r i g h t s . Let me j u s t advise you, you have2 th e r i g h t to remain s i l e n t . Do you unders t and tha t?3 A. I do.4 Q. You have th e r i g h t to have an a t to rney5 presen t . I f you c a n ' t afford an a t to rney , you have a6 r i g h t to have an a t to rney appoin ted to rep re sen t you.7 Do you unders tand t ha t ?8 A. I do.9 Q. Now, you have no t been provided a subpoena.

10 You a re here today to provide a v o lu n ta ry s t a t emen t11 regard ing t h i s inves t iga t ion .12 Has anyone made any promises , t h r e a t s ,13 anything in o rd e r to get you to come in here today14 and provide a s tatement?15 A. No.16 Q. And do you unders t and t h a t anything you say17 here today can be used in a cour t of law? You don ' t18 have to answer my ques t ions if you d o n ' t want to . Do19 you unders t and tha t?20 A. I do.21 Q. Now, if you decide to answer ques t ions with22 your a t torney p re s e n t , you still have th e r i g h t to23 s top answering th e ques t ions a t any t ime o r to t ake a24 break and t a lk to your a t t o rn ey . Is t h a t okay? Do25 you unders t and t ha t ?

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Page 61 A. I do.2 Q. And in regards to th i s invest iga t ion , have3 you previous ly asked anyone to speak to an at torney,4 previously been promised anything or threatened in5 any way in order to get you to come in here and6 provide th i s s tatement today?7 A. No.8 Q. Okay. And knowing and understand your r igh t s9 as I ' ve explained them, do you wish to provide a

10 statement with your at torney present?11 A. I wil l .12 Q. I 'd l ike to ask you, f i r s t of a l l , where are13 you employed?14 A. The City of Coconut Creek.15 Q. And what i s your posi t ion with the City of16 Coconut Creek?17 A. Police of f i ce r .18 Q. How long have you been employed by the City19 of Coconut Creek?20 A. Since October of 2000.21 Q. And what was your posi t ion in 2011 with the22 City of Coconut Creek?23 A. Pat ro l of f i ce r .24 Q. And d id you work any par t i cu la r sh i f t back in25 2011?

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Page 71 A. I worked both night and day s h i f t a t one2 point .3 Q. I 'd l ike to ask you about an inc ident t ha t4 occurred on June 16, 2011. Do you r eca l l i f you were5 working on t ha t date?6 A. I t would be nice i f you could help me out7 ra the r than me j u s t saying yes. I t was more than a8 year ago. Please.9 Q. Do you reca l l making an a r re s t involving an

10 individua l by the name of Michael Bohorquez,11 B-0-H-0-R-Q-U-E-Z?12 A. Yes. Maybe. Can I j u s t see the r epor t and13 it wi l l make it a lo t eas ie r? Or no, we don ' t do it14 t ha t way? I 'm not t ry ing to be rude. I j u s t - -15 ra the r than me guessing.16 Q. Well, l e t me see what you r eca l l from t ha t17 inc ident . I f you need a chance a f t e r we've discussed18 it to review the report .19 A. Okay.20 MR. ALFERO: Don' t guess . Don' t guess .21 THE WITNESS: Okay.22 BY MS. NEWMAN:23 Q. Now, do you r eca l l an inc ident where you were24 working pa t ro l on June 16, 2011, and I br;l ieve you25 saw a vehic le while you were pa t ro l l ing a park t ha t


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Page 81 evening?2 A. I 'm n o t t ry ing to be d i f f i c u l t , b u t I see3 lo t s of veh ic l e s . And it would be a lo t e a s i e r if we4 were j u s t be ing s p ec i f i c t o a ce r t a in day, t ime. I5 j u s t hate to guess on something l ike t h i s .6 Q. Do you r e c a l l June 16, 2011, approximate ly7 11:48 p.m. in th e neighborhood of the KinderCare8 parking lo t ad j acen t to a park observing a veh ic l e9 t h a t even tua l ly was found to be dr iven by Michael

10 Bohorquez?11 A. Yes.12 Q. Can you t e l l me what f i r s t a l e r t ed you to13 t h a t veh ic le?14 A. It was nigh t t ime. It was backed i n to the15 empty park ing lo t of KinderCare.16 Q. What was unusual about t h a t veh ic le?17 A. At t h i s p o i n t I 'm n ot - - I d o n ' t know. I18 c a n ' t t e l l you. I f it says in my r ep o r t , I would19 love to read it. But - - what t ime d id you say it20 happened a t?21 MR. ALFERO: 11:48 p.m.22 BY MS. NEWMAN:23 Q. Let me give you a copy of the s ta tement to24 take a look a t . For the record , t h i s i s Coconut25 Creek case number 2011-15346. The of fender ' s name i s

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Page 91 Michael Bohorquez. Let me have you take a look a t2 t ha t . See i f t h a t re f re shes your memory.3 A. Yes. Thank you.4 Q. Why d o n ' t you go ahead and take a look a t the5 nar ra t ive on your i nc iden t repor t as well .6 A. Thank you. Do you want me to read th e whole7 th ing o r j u s t answer quest ions as you ask them?8 Like, do you want me9 Q. Let me ask you something, does j u s t th e

10 review you 've s t a r t e d - - you've reviewed the a r r e s t11 a f f i d a v i t t h a t you wrote . Does t h a t r e f resh your12 memory of t h i s inc iden t? Do you have an independent13 memory of t h i s inc iden t?14 A. Depending on what you ask me. Yeah, I do15 p ic tu re the ca r s i t t i n g in the KinderCare, so .16 Q. Okay. Why d o n ' t I ask you a few ques t ions .17 I f you need to r e f e r to your repor t , j u s t l e t me18 know.19 A. Okay.20 Q. Now, what d i rec ted your a t ten t ion to t h a t21 veh ic le?22 A. I was dr iv ing through Gerber Park. I had not23 seen the ca r ye t . But Gerber Park i s closed a t t h a t24 t ime. So I always dr ive through the re as p a r t of my25 normal s h i f t .


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Page 101 When I you came up on 30th Stree t to go eas t2 looking to the l e f t , which Kindercare i s next to ,3 there was a car backed into Kindercare, which the4 KinderCare was obviously a closed business. I t ' s5 nightt ime. And it says here tha t I saw i t s brake6 l igh t s on, headlights of f . So I wanted to see what 's7 it was doing there .8 Q. What happened? Firs t you saw the car . Then9 what happened?

10 A. Going o ff my repor t I th ink I made a -- I11 made aU- tu rn a t 30th and Lyons. Headlights came on.12 Origina l ly the headl ights were off . Then the13 headlights were on. And then they were shut off14 again.15 And where KinderCare i s se t up, it pre t ty16 much d idn ' t go s t ra igh t across, but a l i t t l e diagonal17 i s Golden Raintree I I I i s where i t drove in to .18 Q. What i f any observations did you make about19 the driving pat tern of the vehicle?20 A. I t says here tha t it sped away. I heard the21 t i r e s screeching. So t ha t ' s i t .22 Q. Do you have an independent memory from tha t?23 A. No.24 Q. Or you ' re j u s t reading from the report?25 A. I 'm ju s t re fe r r ing to my report .

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Page 111 Q. Now, what do you r e c a l l doing when th e2 veh ic le drove off?3 A. Reading from my r epor t , I sa id I ca l l ed it4 out . I ca l led out on the pol ice rad io what I was5 observing. Act iva ted my emergency l i gh t s and s i r e n s .6 A n d - - period. And t h a t ' s where we were dr iv ing to ,7 o r it was dr iv ing to Golden Rain t ree I I I .8 Q. Now,, l e t me ask you something. Was your9 p a t r o l car a t t h a t t ime equipped with a video camera?

10 A. Yes.11 Q. And what i s your unders tanding of how the12 video camera in your p a t ro l car get s ac t iva ted?13 A. Not t ha t I was ever taught , bu t I was t o ld14 t h a t it comes on with my l i g h t s , my s i r ens , a i r horn .15 There ' s severa l but tons fo r a i r horn and th e p r i o r i t y16 which i s noise making devices . Your regu la r horn if17 you g et in to a crash , th ings of t h a t natu re .18192021 or22232425

Q. Okay.A. Or you can manually turn it on.Q. And you know how to opera te it to tu rn it on

tu rnA.Q.A.Q.

i t off?Yes.The video camera?Yes.Okay.



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Page 121 Now, when you began to follow t h i s veh ic l e ,2 d id you do anything with your , with your veh ic l e t h a t3 would have ac t i v a t ed the camera syst,em?4 A. Yes. I ac t iva ted my l i g h t s and s i r e n s .5 Q. Now, a f t e r you have any inc ident where video6 i s recording from your ca r camera, have you ever gone7 back to look a t those videos?8 A. I d o n ' t want to say I ' ve never , b u t I9 ce r t a in ly wasn ' t in the p r ac t i c e of doing it.

10 Q. Did you ever review any camera videos from11 t h i s p a r t i c u l a r da te , June 16, 2011?12 A . No.13 Q. Now, how fa r a dis tance do you r e c a l l14 fo l lowing the veh ic le?15 A. Not very f a r . You have KinderCare. You have 16 a business . Le t ' s t ake the f ron t of the courthouse.17 I f it crosses over whatever s t r e e t t h a t i s , 3rd18 St ree t , and th e nex t se t of bus inesses i s th e19 en t rance to Golden Rain t ree I I I , t h a t development , it20 drove i n to the re . It had made, apparen t ly had made a21 r igh t , because I had made a l e f t . There ' s two ways22 you can go. And t h a t ' s why I l o s t it.23 Q. At what p o i n t did you ac t i v a t e your l i gh t s24 and s i rens?25 A. I 'd be guess ing , which I 'm no t going to do,

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Page 131 so going o ff t h i s , my repor t , i f I go in2 chronological order it says, "The vehic le t i r e s were3 heard screeching as it braked and turned corners4 while enter ing the development".5 The next paragraph says , "I ca l led it out on6 the pol ice rad io what I was observing and act ivated7 my l igh t s and s i rens" .8 Q. Once you ac t iva ted your l igh ts and s i rens ,9 how long did you leave them on for?

10 A. I don ' t know.11 Q. What happened a f t e r you crossed in to the12 Golden Raintree apartment complex?13 A. I turned l e f t to look for the car .14 Q. Did you f ind the car?15 A. Not where I was looking l e f t . When I went16 over to the othe r s ide , the eas t s ide of Golden17 Raintree I I I I did . Or the west s ide of Golden18 Raintree I I I . I 'm sorry.19 Q. Were there any occupants in the vehic le when20 you found the vehicle?21 A. Nb.22 Q. Then what did you do?23 A. Referr ing to my repor t . As I made my way24 around I discovered the vehic le unoccupied. The25 vehicle was obviously j u s t parked as the i tems were

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Page 141 hanging from the rearview mirror were still moving2 back and fo r th .3 A quick pe r ime te r was es tab l i shed with o t h e r4 of f ice r s . And I 'm paraphras ing . And about a minute5 l a t e r the of fende r s l ash d r ive r and h is mother,6 Michael B, Bohorquez, and passenger , Micheal Marsh7 walked back to the veh ic le from within the8 development.9 Q. Now, when you were fo l lowing the vehic le

10 before you went in to Golden Rain t ree , do you r e c a l l11 how fa s t the veh ic le was t ravel ing?12 A. No.13 Q. Do you r e c a l l how fa s t were you t r ave l ing to14 keep up with the vehic le?15 A. No. But again, we' re t a lk ing about a very16 shor t d is tance in a very small t ime pe r iod . So I17 don ' t know .18 Q. When you made con tac t - - wel l , who d id you19 make con tac t with f i r s t when you found th e occupants20 of the vehic le?21 A. I t says here th ree people a t the same t ime,22 which was Michael , h is passenger , Micheal , and23 Michael ' s mother. They came walking back up to th e24 vehic le .25 Q. What conversa t ions d id you have with any of

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Page 151 them about t h i s inc iden t , about what you had seen o r2 why you were fol lowing them?3 A. Going o ff my repor t , because I don ' t have an4 independent reco l l ec t ion of my conversat ions , the5 repor t says Bohorquez, sorry , f i r s t s t a t ed he did not6 see my po l ice ca r a t a l l and was only dropping o ff a7 f r iend. He denied being a t KinderCare. I 'm sorry , I8 was paraphras ing.9 He s ta ted he did not see my pol ice ca r a t a l l

10 and was dropping o ff a f r iend a t nearby townhome. He11 denied being a t KinderCare. I t goes on to say a f t e r12 he was confronted with Marsh 's s tory , which was h is13 passenger , he explained t ha t the two had purchased14 marijuana severa l minutes ago and were wai t ing for a15 f r iend when they saw my marked pol ice ca r a t Gerber16 Park.17 Once they saw my vehic le , Bohorquez admit ted18 to f lee ing and dr iv ing in a reckless manner to avoid19 being, quote, unquote, caught .20 Q. Now, l e t me go back to your pa t ro l ca r fo r a21 minute. How long had you, in June of 2011, had you22 been using t h a t p a t ro l car?23 A. I 'm going to say maybe s ince December, l a te24 December, ea r ly January .25 Q. Are you assigned one par t icu la r p a t r o l car to



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Page 161 use by the Coconut Creek Po l i ce Department?2 A. Yes.3 Q. And if t he r e ' s any problems with th e ca r , i s4 it maintained by the pol i ce depar tment , o r do they5 have co n t r ac t s to have your c a r repa i red fo r you on a6 r eg u l a r bas i s?7 A. Yeah. There a re mechanics on th e pol i ce8 depar tment p ro p e r t y t h a t mainta in it.9 Q. Now, i s t h i s a take-home ca r o r i s t h i s a ca r

10 t h a t you use j u s t fo r work?11 A. It's a take-home ca r .12 Q. Now, had you had any problems wi th your c a r13 between the t ime you go t it in December u n t i l t h i s14 inc iden t on June 16, 2011?15 A. I 'm sure I have. I j u s t co u l d n ' t remember.16 Q. And d id you have any problems wi th your17 v eh ic l e on th e n i g h t o f June 16, 2011, whi le you were18 on-duty?19 A. I d o n ' t th ink so , b u t I d o n ' t r e a l l y20 remember.21 Q. Well, l e t me ask you something. I f you22 checked out - - if you brought your v eh ic l e to work23 and you were having a problem, would you con t inue to24 dr ive it o r would you b r i n g it back to th e pol i ce25 depar tment to g e t ano ther car?


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Page 171 MR. ALFERO: Talking about mechanical2 problems?3 MS. NEWMAN: Mechanical problems.4 THE WITNESS: I t depends on what it i s .5 When I f i r s t s ta r t ed back in 2001 of f ic ia l ly6 on the road, I had a car, I don' t know, 5087 l e t ' s say, very old Crown Vic. I got t i red8 of downing i t , what they ca l l downing i t ,9 turning it back in because the chass is

10 squeaked a l l the t ime. You couldn ' t sneak11 around in the dark so people would hear you12 coming.13 So 12 years l a te r , 11 years l a t e r14 I don ' t down my car fo r every l i t t l e15 mechanical problem, no.16 I f you ask any other police17 off i cers , nine out of ten wil l t e l l tha t you18 it's a pain to o ff load t he i r vehic le in to19 one and get a spare which you're not used to20 and going back to another car.21 BY MS. NEWMAN:22 Q. I f you had any problem with your vehicle ,23 mechanical problems with your vehicle, the way it was24 operat ing in any way t ha t affec ted your ab i l i ty to do25 your job, would you have documented tha t in some form

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Page 181 or fashion?2 A. Depending on what the malfunct ion i s , maybe,3 maybe not . I f my s p o t l i g h t wasn ' t working, I4 wouldn ' t care because I have takedown l i gh t s , a l l e y5 l i gh t s , and my f l a sh l i g h t . So it j u s t hones t ly6 depends on what ' s no t working.7 Q. How abou t emergency l i gh t s and s i r e n s , i f8 they w eren ' t working would you document tha t?9 A. I would down it immediately.

10 Q. Now, in your repor t you i nd ica t e t h a t you11 ac t iva t ed your emergency l i gh t s and s i ren . So can we12 assume t h a t your emergency l i gh t s and s i ren were13 operat ing on June 16, 2011?14 A. Yes. We can assume t ha t .15 Q. And th e way your camera system works in your16 car , i f you ac t iva te your emergency l i g h t s and17 s i rens , t h a t i s supposed to ac t iva te the camera18 system, cor rec t ?19 A. The important work i s supposed to . I t20 doesn ' t a l l th e t ime. And through Mr. Alfe ro ' s21 records reques t we have plen ty of documenta t ion t h a t22 it doesn ' t always happen.23 Q. What documenta t ion do you have o r what24 inc iden t s a re you aware of t h a t show t h a t th e camera25 system was n ot working on your veh ic le o r any othe r


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Page 191 vehic le fo r the Coconut Creek Police Department?2 A. I have severa l - - we have severa l e-mai ls3 from off i cers , e i the r whether examples of someone's4 l a s t three t r a f f i c s tops not being recorded to work5 orders of the mechanics, whether t he i r L-3 camera6. system the L-3 i s the name of the camera system7 tha t we operate . Whether our mechanics a re L-38 employees are not , they ' re mechanics and they would9 work on the cameras f i r s t .

10 So I have the work orders , we have the work11 orders as well which s t a t e your camera wasn ' t coming12 on to record because a gray wire was plugged the13 wrong way, or the ign i t ion system was not giving the14 camera enough power to operate .15 That was the records reques t made, well ,16 probably about f ive months ago now tha t we j u s t got17 about a month ago.18 Q. And do you know the names of the of f i ce r s or19 the mechanics t ha t20 A. We would have to go back and check. I mean,21 there ' s a lo t . I 'm not j u s t saying the re ' s one of22 two, so.232425

MR. ALFERO: I f you don ' t have them,I'll be happy to give them to you. Tha t ' swhy I sent you l e t t e r asking i f you want to


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Page 201 t e l l us what it's about , w e ' l l ge t whatever2 you need. But I have - - we have many of3 them still. I'll give you a whole package4 of them if you want.5 MS. NEWMAN: Okay.6 BY MS. NEWMAN:7 Q. Do you have any indica t ion t h a t the i gn i t ion8 was not giv ing enough power to the camera system or9 the gray wire was n ot plugged in co r r ec t l y on your

10 camera system on June 16, 2011?11 A. I d o n ' t have the knowledge o r a b i l i t y to know12 t ha t , so I 'm s o r ry . I 'm sor ry , I c a n ' t answer t ha t .13 Q. Did you ev e r a t tempt to review th e camera14 system o r any recordings from the day you were15 on-duty, June 16, 2011?16 A. Not t h a t I can remember. Again, it wasn ' t a17 prac t ice of mine to do t h a t . I d i d n ' t r e a l l y care .18 Q. Did you ever f ind any t imes where the camera19 system worked some of the time and not a l l of the20 t ime?21 A. The only t imes it mattered , or a t l e a s t it22 was brought t o my a t t en t i o n , i s when it would come on23 automat ical ly whether a cer ta in place in th e c i t y24 tha t , I'll give you an example o f, Lyons Road and25 Hil l sboro where it was notor ious , the camera j u s t


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Page 211 coming on and s t a r t recording.2 There ' s another recording t h a t my ca r i s3 parked but it says I 'm going 26 miles p er hour.4 There ' s many th ings of t ha t nature as wel l . You ' l l5 see t ha t on paper in the publ ic records reques t we6 made.7 So those th ings you know r igh t away because8 as you ' re dr iv ing you don ' t expect your camera to9 come on.

10 In a s i t ua t ion of what we're t a lk ing about ,11 June 16th, I 'm no t concerned i f my camera i s coming12 on or no t because I 'm concerned about watching a car ,13 t a lk ing on the radio , and knowing where we' re going.14 Which I ended up going the wrong way to begin with .15 So yes , t he re were problems with my camera16 along with a bunch of othe r peoples .17 Q. Do you r e c a l l who was the f i r s t of f i c e r - - it18 appears t he re were severa l off i ce rs who came to back19 you up on t h i s inc iden t . Do you r e c a l l the order20 they came i n o r who got t he re f i r s t ?21 A. I 'm so r ry , I do no t remember the order , no,22 ma'am.23 Q. Do you r e c a l l i f anyone else came with l i gh t s24 on when they came as back-up?25 A. I 'm so r ry , I d o n ' t remember. This happened


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Page 221 in June . And I was - - I 'm sor ry . A lo t of th ings2 happened s ince June 16th . And t h i s was n ot t r u ly a3 groundbreaking case fo r me o r anything, so .4 Q. Now, in your repor t you indica te t h a t you5 ca l led ou t on th e pol i ce rad io what you were6 observing when you ac t iva t ed your emergency l i gh t s7 and s i r en . Do you r e c a l l what you were adv is ing th e8 pol i ce over th e rad io?9 A. I do n o t . I 'm sor ry .

10 Q. How much d e t a i l do you typ ica l ly go in if11 you ' re fo l lowing a veh ic le and you ' re c a l l i n g12 dispa tch t e l l i n g them t h a t you ' re ac t i v a t i n g your13 l i g h t s and s i r e n s , what type of in format ion do you14 t y p i ca l l y inform th e dispa tcher of?15 A. The kind o f the vehic le , which way we' re16 going, o r where we' re a t and which way w e ' r e going.17 Other than t h a t , t h a t ' s - - because we - - depending on18 where you ' re going, t h a t ' s - - w e ' l l s top t he re with19 th e bulk o f it.20 But if it's if we cont inued on Lyons Road,21 you would hopefu l ly be ca l l ing uni t s in th e nor th end22 o f th e c i ty o r perhaps PBSO would be s e t t i ng up on23 t h e i r c i t y l im i t s .24 But in t h i s case I would assume I 'm naming25 th e kind of ca r it i s , which way we' re going, and - -

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Page 231 BY INVESTIGATOR PAZIENZA:2 Q. Do you give them the reference why you were3 fo l lowing t h a t car?4 A. I d o n ' t th ink I did . And I d o n ' t t h ink I5 ever r e a l l y have, because I ' ve never rea l ly - - I ' ve6 never been sho t or anything se r ious , so . Like , I7 would say over the rad io - -8 Q. Would you say l ike 13-P or 13 vehic le o r9 A. No. I f I 'm asked t ha t , then usua l ly th e

10 sergean t has to have t h a t on the rad io , b ut11 Q. You j u s t advised you were fo l lowing a veh ic l e12 a t a high ra te of speed, something l ike tha t?13 A. Yeah, b u t I - - again , yes, b ut I wouldn ' t14 remember- - I d o n ' t remember,why. I d o n ' t remember15 why. I f I sa id 13 veh ic le or 21 in progress , I d o n ' t16 remember.17 BY MS. NEWMAN:18 Q. Now, what i s the procedure , when you f in i sh19 your repor t , i s t he re any p a r t i c u l a r sergean t you20 have to turn it in to?21 A. No. It ge t s downloaded. I t ge t s sen t in th e22 system to the se rgean t s ' computer . And t h e r e ' s23 usua l ly e i the r one o r two sergean t s working t ha t24 nigh t .25 That night the re were tw o sergean t s working.


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----- . . - - -. -.-:-:-.. . .

Page 241 I don ' t remember whose computer it went to , bu t it2 goes to a s e rgean t f i r s t , yes. And then it goes to a3 l i eu t enan t who should be working t h a t nigh t ,4 sometimes doesn ' t . And then it get s approved in to5 the system.6 Q. And do you chose when you complete your7 r epo r t where you ' r e send ing it, which se rgean t you ' r e8 sending it to?9 A. No, ma'am.

10 Q. So they chose who s igns o f f on th e repor t a t11 t h a t poin t?12 A. Yes . Some sergean t s have an agreement t h a t13 one se rgean t wi l l check over repor t s and t h a t ' s it,14 and the o the r se rgean t wi l l work th e road, if you15 wi l l . So I don ' t know what the case was t h a t nigh t ,16 but t h a t ' s usua l ly what happens.17 Q. So fo r t h i s pa r t i cu l a r repor t , d id you18 spec i f i c a l l y des ignate one se rgean t to review t h i s19 report?20 A. No. We don ' t have t h a t ab i l i t y . And I would21 never ask anyone to , no.22 Q. I s there anything e l se you can th ink about23 with r e spec t to t h i s pa r t i cu l a r inc iden t t h a t we24 haven ' t covered o r I haven ' t asked you about?25 Anything unusual t h a t s tands out in your mind about

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1 th i s incident?2 THE WITNESS: Should I bring up the3 other thing?4 INVESTIGATOR PAZIENZA: Want to take a5 break?6789

MR. ALFERO: Is the content of thereport an issue?

MS. NEWMAN: I t maybe .MR. ALFERO: Okay.

Page 25

10 THE WITNESS: I was to ld by, and I know11 you may have spoken to her , Linda Tropepe12 and Liz Estur i lho who works with her , t ha t13 sometime in October Lieutenant Wehmeyer went14 in to the repor t and possibly e i ther added or15 deleted Sergeant Harrison 's denial notes to16 my repor t .17 She to ld me spec i f ica l ly t h a t she18 to ld him not to go in to it because it was an19 act ive repor t .20 He went in to it anyway saying he21 was jus t te s t ing something out. And he has22 nothing to do with pat ro l , l e t alone going23 in to t ha t repor t .24 So I - - y o u can imagine, I ' ve been25 out s ince almost a year . I 've heard l o t s of



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Page 26rumors. But t ha t came r i g h t from the recordsuperv i so r , Linda.

So again , I d o n ' t know what sheto ld you. I know what she to ld me. And I

5 th ink it's very important .6 BY MS. NEWMAN:7 Q. And when Ms. Tropepe and Ms. Es tu r i lho t o ld8 you t h i s , d id they witness Lieu tenan t Wehmeyer doing9 anything, o r t h i s i s someone t e l l i ng you what someone

10 else said?11 A. No. This i s d i r e c t l y from Linda Tropepe12 saying t h a t she witnessed Wehmeyer doing it. And she13 to ld him not do it because it's an ac t ive case .14 Q. Now, l e t me ask you something. You mentioned15 t h a t the pro toco l fo r wri t ing a repor t i s you submit16 it, a sergean t reviews it, and then a l i eu t en an t17 reviews it.18 I s Lieu tenan t Wehmeyer i n t h a t chain of19 command as th e l i eu tenan t over the se rgean t s in your20 p a t ro l div i s ion?21 A. No. That ' s why I wanted to say . He - - as22 fa r as my knowledge goes , the way th e system works,23 he ' s no t a road p a t ro l l i eu t enan t where we had one24 t h a t night . I t was Ryan Marken, Lieu tenan t Ryan25 Marken.


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Page 271 Lieutenant Wehmeyer works in adminis t ra t ion2 usual ly with - - I bel ieve he ' s in charge of records,3 dispatch, and the radios , and f l ee t maintenance I4 bel ieve.5 But to my knowledge I don ' t th ink he should6 have no. I don ' t th ink he should have been in7 tha t report . I 'm not opining. I 'm j u s t saying he ' s8 not par t of the chain of going through the r epor t to9 add or dele te notes from what I heard.

10 Q. And what i s your understanding of what was11 deleted?12 A. Sergeant Harr ison 's denial notes . When I13 send a report to the system, Sergeant Harrison14 receives i t , reads i t . He ' l l make grammatical e r rors15 or t e l l me about grammatical e r ro rs I need to change16 or put th i s paragraph there , or whatever he wants me17 to change, I change, and send back to him.18 Q. As fa r as the content of the repor t , are you19 aware of anything t ha t has been dele ted from your20 report?21 A. I don ' t have an or ig ina l copy to go by, so I22 don ' t know. That ' s why I 'm saying, I was to ld th i s23 by Linda. But I never had the opportuni ty to check24 i t . Because again, t h i s rea l ly wasn' t an i s sue with25 me. And I had no idea t ha t th i s was going to be an



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Page 291 were poss ib ly changed?2 A. Yes, s i r .3 Q. It's p o s s i b l e t h a t t h a t could be changed i s4 what y o u ' r e saying?5 A. Yes.6 Q. But you c a n ' t t e l l me as you sit here now if7 anything in t h a t r ep o r t has been changed?8 A. I 'd r a t h e r not lock mysel f in to say ing t h a t9 ab s o l u t e l y t h i s i s th e document t h a t I handed in . I

10 don ' t f e e l comfor table saying t h a t .11 Q. Okay.12 BY MS. NEWMAN:13 Q. Now, you sa id you bel i eve t h a t Sergean t14 Harr i son had some n o tes o r a d en ia l of th e repor t15 t h a t were s e n t back to you t h a t ' s been de le t ed .16 Actual ly Sergean t Carlson i s th e su p e rv i so r s ign ing17 o ff on your repor t?18 A. Uh-huh.19 Q. T h a t ' s a yes?20 A. I 'm sor ry , I apologize fo r doing t h a t to both21 of you. Tha t i s what I b e l i ev e . Again, I ' v e been22 t o ld a l o t , a couple th ings t h a t ' s been going on23 s ince . So yes , maybe. I 'm sor ry .2425

Q. Can you e labora te on t ha t ?A. Sergean t Carlson was brought up in an IA in



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Page 301 January . And from what he t o ld me, he - - a l l he d id2 was approve th e repor t because he saw t h a t Harr i son3 a l r ead y checked it over . So a l l he d id was - -4 Sergean t Harr i son was a l r ead y in it, it's approved,5 it goes i n to th e system.6 That ' s was my unders tand ing of what Sergean t7 Car l son did .8 Sergean t Harr i son I be l ieve was th e one t h a t9 r ead my r ep o r t , denied it fo r whatever grammat ica l

10 reasons o r whatever he denied it fo r , which I d o n ' t11 remember why he denied it. And then when I s e n t it12 back to him it s tayed on th e s e rg ean t s ' computer .13 Carlson probab ly came in t h a t morning,14 because it was overn igh t , saw it, okay, Harr i son15 checked it, Yacobel l i s sen t it back , and goes in to16 th e sys tem.17 BY INVESTIGATOR PAZIENZA:18 Q. So you ' re saying he j u s t rubbe r s tamped it19 through because it was a l r ead y checked by th e20 prev ious sergeant? So he enab led t h a t to go to21 records?22 A. Yes, s i r . Exact ly . He enabled it in order23 to be sen t down to records .24 BY MS. NEWMAN:25 Q. But t h e r e ' s nothing t h a t you ' re aware of



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Page 31l in ten t iona l ly delaying your repor t to be reviewed by2 the sergeant on the next sh i f t in the morning, i s3 there?4 A. I would have no way of -- I don ' t know. I 'm5 sorry , I don ' t have any way of knowing t ha t .6 Q. Do you reca l l ever being subpoenaed to a7 deposi t ion with respec t to t h i s a r r e s t o r answering8 any quest ions - -9 A. I don ' t th ink so.

lO Q. - - for any inves t iga tors regarding th i sll arres t?l2 A. I don ' t th ink so. I wondered what happenedl3 to my ar res t s , other a r re s t as well . But I haven ' tl4 been subpoenaed or depoed or anything. So I don ' tl5 think so.l6 ( Inves t iga tor ' s tape f l ipped sides)l7 MS. NEWMAN: Now, we've j u s t turned offl8 the t ape . There were no quest ions while wel9 were f l ipping the tape.20 BY MS. NEWMAN:2 l Q. Let me j u s t ask you: Lieutenant Wehmeyer,22 have you ever had any problems with him in the pas t23 during the course of your employment with the Coconut24 Creek Pol ice Department?25 A. No. I have a problem with him e th ica l ly , but

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Page 321 no problems t h a t we've ev e r - - we never had any2 persona l i ty c o n f l i c t s . I d o n ' t l ike - - I d o n ' t3 bel ieve in the way he does pol ice work.4 We were in inhouse t r a in ing severa l years5 ago. He made a comment t h a t i f he could be doing any6 other job b u t po l ice work he would b u t he ge t s paid7 too much money. And a t t h a t p o i n t I d i d n ' t care fo r8 him very much any more.9 Q. Have you ever worked with him in a capac i ty

10 where he i s e i t h e r working a t the same l ev e l as you11 or as a supervisor?12 A. I d o n ' t be l ieve so . Again, over 12 years ,13 maybe he f i l l ed in as a sergean t . But I d o n ' t14 remember. I c a n ' t r e c a l l . I r e a l l y don ' t - - I d o n ' t15 th ink so , b u t you never know. Maybe he worked,16 because he was working over t ime, on sh i f t . But I17 don ' t have any memories of working fo r him.18 Q. Now, you made th e comment t h a t you d o n ' t care19 fo r him e t h i c a l l y . And by him I 'm r e f e r r i n g t o20 Lieu tenan t Wehmeyer.21 A. Probably moral ly , not e th ica l ly , yes .22 Q. Can you e labora t e on tha t? Have you23 witnessed him do anyth ing t h a t you be l i eve to be24 inappropria te?25 A. No, rna' am.


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Page 331 Q. So your opin ion i s based on the comment2 t h a t - -3 A. That he made to me, yes , ma'am. I apologize4 fo r speaking over you, but yes .5 Q. Have you had any other run- ins , problems,6 with any othe r personnel adminis t ra t ive ly a t th e7 Coconut Creek Pol ice Department?8 A. Nothing I want to t a lk about here .9 Q. Okay.

10 MR. ALFERO: That would be the Chief ,11 Ass i s t an t Chief , a few other people . We're12 in th e process o f handl ing those i s sues13 r i g h t now.14 BY MS. NEWMAN:15 Q. Did - - s tr ik e th a t . Why do you t h ink t h a t16 any notes by Sergeant Harrison may have been dele ted?17 A. I d o n ' t th ink I should be giving my opin ion18 on19 MR. ALFERO: Wait a minute. Are you20 asking him why somebody would have done it21 o r are you asking him - -22232425

INVESTIGATOR PAZIENZA: Why he wouldhave done t h a t , t h a t l i eu t enan t .

MR. ALFERO: He t o ld you th e lady t o ldhim n ot to do t h a t . He d id it. I d o n ' t

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Page 341 th ink he knows why he did i t .2 Do you know why he did i t ?3 INVESTIGATOR PAZIENZA: That ' s the4 ques t ion .5 MR. ALFERO: Do you know Wehmeyer d id6 i t ?7 THE WITNESS: I can ' t t e l l you8 INVESTIGATOR PAZIENZA: Why do you th ink9 he did i t?

10 THE WITNESS: I th ink he - -11 MR. ALFERO: I don ' t know. I t sounds12 l ike a guess or specula t ion to me. I don ' t13 know i f you should speculate on why he d id14 i t .15 INVESTIGATOR PAZIENZA: That ' s up to16 him. Do you want to specula te and help us17 out and t ry to f igure th is?18 THE WITNESS: I th ink I 'd be doing19 myself more harm than good by saying because20 it goes back to the othe r answer which i s I21 don ' t want to ge t in to my administrat ion o r22 my opinions.232425

MR. ALFERO: Because we have a fee l ingth i s i s going to go over to the Citysomehow, th i s sta tement , even though it

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Page 351 probably shou ldn ' t , because of J ean n e t t e ' s2 involvement in t h i s case.3 So the re fo re , h e ' s got enough4 i ssues there unwarranted with the Chief and5 th e Ass i s t an t Chief . I ce r t a in ly d o n ' t want6 anymore of them going a f t e r him anymore than7 t hey ' re a l ready doing because of h is8 opinions about ce r t a in t h ings . I 'm j u s t9 t ry ing to g e t him back to work where he

10 should be.11 BY MS. NEWMAN:12 Q. Now, l e t me ask you something. You sa id13 t yp ica l ly what happens i s you submit e l e c t ro n i c a l l y14 your repor t . It goes to a se rgean t ' s desk. A15 sergeant reviews it and then they e i the r approve it16 and pass it along to th e nex t l eve l or they kick it17 back to you.18 Do you have an independent r eco l lec t ion of19 Sergeant Harrison denying the f i r s t vers ion of your20 repor t?21 A. No, rna' am.22 Q. Okay. Do you know fo r c e r t a i n t h a t t h i s i s23 the repor t t ha t Linda Tropepe was re fe r r ing to when24 she to ld you she bel i eved Lieutenant Wehmeyer de le ted25 Sergeant Harr i son ' s notes?

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Page 36l A. Yes, ma'am. She to ld me the date and she2 to ld me what it was about.3 Q. Now, when - - I don ' t know how of ten Sergeant4 Harrison may kick a repor t back to you, but typ ica l ly5 when he ' s kicking a repor t back to you, what type of6 descr ipt ions are in those denia ls , I 'm denying you ' re7 repor t , I 'm not s igning i t ?8 A. I t could be arty number one. I f you j u s t put9 on the wall I 'd throw something it would h i t for a

'lO reason why he would deny a repor t . He's a veryll honest person, but he ' s also very OCD'ish. So I havel2 no doubt it was probably you kicked back.l3 INVESTIGATOR PAZIENZA: Are you sayingl4 he ' s very meticulous?l5 THE WITNESS: Very -- thank you. That ' sl6 a good word. He's very meticulous. Sol7 whether it be something as simple aslB MR. ALFERO: Sounds be t t e r than OCD.l9 THE WITNESS: Well, I was going to say20 something else as well which probably2 l wouldn ' t have gone over well . But it my22 date was a 06/16 ins tead i f I put per iods,23 even though i t was a pr i s t ine repor t , you24 got to take a l l those per iods out and put25 s lashes . I t could be as simple as tha t or I

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Page 37d o n ' t l i k e your compound sentences so breakit up t o in to two sen tences . But I c a n ' t

3 tell you what happened t h a t n i g h t .4 BY MS. NEWMAN:5 Q. Okay. Did you ever make a h ab i t of p r in t i n g6 o ut when a se rg ean t sends you back a den ia l so you7 have a list of what they want you to co r rec t when you8 open up your r ep o r t and go to i t ?9 A. No. It comes - - I 'm s o r ry . It comes up on

10 the screen what h is den ia l notes a re . And you j u s t11 go back and fo r th between screen and cor rec t it.12 BY INVESTIGATOR PAZIENZA:13 Q. And those no tes a re always a t t ached to th e14 repor t?15 A. From what I understand, yes . Not my repor t ,16 bu t t h e r ep o r t t h a t ' s ac tua l ly in th e sys tem, th e17 records keeping sys tem.18 Q. I unders t and it's n ot p h y s i ca l l y a t t ach ed to19 your r e p o r t when it's pr in t ed , b u t it's ac tua l ly20 connected o r a nexus to your repor t in th e system?21 A. In the system, yeah. I d o n ' t mean to argue22 with you, b u t l ike i f I went and pul led my own23 repor t , I would only g e t my repor t . I wouldn ' t g e t24 the no tes .25 Q. But could you g e t th e notes i f you went back



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Page 381 to one of your old repor t s and went to look a t it,2 would those notes still be t h e re .3 A. Not in my computer , no. I would o n l y - - I 'd4 have go through records and5 Q. So records would still have - -6 A. From what I unders tand , yes .7 Q. - - the repor t with any notes or den ia l s o r8 comments by the sergean t?9 A. Yes, s i r .

10 Q. Those would ex is t?11 A. Yes, s i r .12 Q. And you 've seen t h a t before in records when13 you 've gone to records t o g e t repor t s?14 A. No. That ' s why I 'm saying t h a t ' s why I 'm15 assuming t ha t - - I ' ve never seen it fo r mysel f , no.16171819202122232425

Q. It's j u s t your unders tanding?A. Yes, s i r .Q. okay.

MS. NEWMAN: Okay. Th a t ' s concludest h i s s ta tement . Thank you very much.

(Thereupon, the s ta tement was concluded a t2 : 0 1 p . m . )



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Page 391 THE STATE OF FLORIDA,2 COUNTY OF BROWARD.345 I , the undersigned author i ty , ce r t i fy t ha t6 OFFICER JAMES YACOBELLIS personal ly appeared before7 me on the 21st of August, 2012 and was duly sworn.89 WITNESS my hand and of f i c i a l sea l th i s 4th

10 day of September, 2012.11

12131415 J E ~ ~ ~ ~ ~ Yf]ReporterNotary P ~ ~ St"


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C E R T I F I C A T E

The St a t e Of Flor ida ,County Of Broward.

Page 40

5 I , JENNIFER DRURY, Repor te r and Notary Publ i cin and fo r th e Sta te of Flor ida a t l a rge , do hereby

6 c e r t i f y t h a t I was au thor ized to and d ids tenogra ph ica l ly repor t the s t a t ement o f OFFICER

7 JAMES YACOBELLIS; t ha t a review of th e t r a n s c r i p t wasnot r e q u e s t ~ d ; and t ha t th e foregoing pages , numbered

8 from 1 to 40, inc lus ive , a re a t r u e and cor rec tt r a n s c r i p t i o n of my s t enographic no tes o f sa id

9 s t a t ement .10 I fu r the r c e r t i fy t h a t sa id sta tement was

t aken a t th e t ime and p lace here inabove se t fo r th and11 t h a t the tak ing of sa id s t a t ement was commenced andcompleted as hereinabove s e t out .12

I fu r t h e r c e r t i fy t h a t I am not an a t to rney13 o r counsel of any of the p a r t i e s , nor am I a r e l a t i v e

o r employee of any a t to rney o r counse l of p a r t y14 connected with the ac t ion , nor am I f inanc ia l ly

i n t e r e s t e d i n the ac t ion .151617181920212223

The foregoing c e r t i f i c a t i o n of th i st r an s c r ip t does not apply to any reproduc t ion of th esame by any means unless under th e d i r e c t con t ro land/or di rec t ion of the ce r t i f y in g repor t e r .

DATED t h i s 4th day of September , 2012.

JENNIFER A. S. DRURY24 MY COMMISSION #: EE215229

EXPIRES: NOVEMBER 5, 201325 Bonded Thru Notary Publ ic Underwr i te r s

BAILEY & ASSOCIATES REPORTING, INC.

officer james yacobellis- sp11!10!083- response to pr# 2400

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