,r.

,'

THS.TNDEPENpENTINVESTIGATION RETORT

REPORT REGARI}ING THE MOTORCYCLE TRAINING

AND MOTORCADE I'ATALITY O[' VICTOR LOZADA.TIRADO

:;,.:

Bracewell& GiulianiLLP
1445RossAvenue
Suite3800
Dallas,Texas75202
 PREFACE
this investigaiion,presents
Terry Hart ("Hartu),the specialinvestigatorchmgedwith co:rducting nCityn)'
to thecity of Dallas(the
uttt ;.e;4 it" nnoi"gt, *d itt conclusi'ons

on Febnrary22,2008,Officervictor Lozada-Tirado ('Iozada") waskilled while servingas a

presidentialcampaignvisit in Dallas
motorcycleesoortror iriuary Rodharnclinton dudngLer
on that day. The accidento-ccuned near600 Houstonsteet Viaduot,wherethereis a curvoin
the curb andcollided
the road thatlozadawasunableto uegotiate,andhis motoroycleran ov€r
with theguardrailaffixedto theconcretewall'
previously,on January25,2008,trainingofficer _seniolcorporalDaveErves(uErvesn)authored
completedhis field
a Daily ObservationReportwhich staieOthat lnzada "has successfully datedJanuary25,
discovered, also
training." Later, n ,""oitd Daily ObservationReportwas-
2008, and authoredby nrves tlring that, amon! otherthings, nlozada'sgainine shouldbe
*tri
extendedat leasttwo moreweek(sic)" andthat ltozadal needsto repeatthecompletephase
two portionof training"
of David lazada"a
on Februaryzz,11l1,TheresaA. Lozada"individuallyandasNext Friend
Jr., 3tephanleI lz.adu and on behalf of victor Lozadt'
Minor, Lisa I-azads,viotor Loz.ada,
Deceased, filed a r"*rrii ir tfrezggtr'ludicialbistrict Courtof DallasCounty,Texas,againstthe
city orparlqq,lerys qlpg!9g _cgrPoration, Hillary clinton, IndividuallyandHillary clinton
for president,rn". cu-Fgr_'1ilt;,'t#soit.).'lnftar,awsui!.the Plaintiffs*tgg"t that-Inzada
for assignment a1-fnserous as the
was neitherproperly trainednor experiencedenougtr -an
additional trainingin
motorcadein question,that the City shouldhaveprwided Lozadawith
light of the January25, 2OO8 recommendation thathe haveat leasttwo moreweeksof nainin&
did not properly
trrTitfr" city did trlrt trqoirc a practicerun for the motorcade,andthatthe city
brief tozada on roadhazards,foutes,or conditions'

determining why more

Hart's assignmentin connection with this investigption was limited to
pr€paredby Brves'
th* on", inflicting Daily observationReportsdatedJanuary25,2008,were
the report recommending
which of thesereports ** th" operative,accuratere,por! and, whether
additional haining was provided to administration'
to draw conclusionsin
Basedupon the answersfound during the investigation, Hart'was asked
to provide an independentl objective Jpinion about the facts leading up to O$ce.r
;
"ffo6 death. In striving to meet this objectin", Hart and an associateat Bracewell & Giuliani,
Lozada's
pagesof documents
wittiu- J. Moore ("Moorl"), gatheredand reviewed several thousandsof
*a poronally interviewea sliindividuals. Hart and Moore sought to be as independentand
thoroug[ aspossiblein conductingthis investigation'

I While the Lawsuit atlegesadditionat facts and acts of wrorgdoing on the part of tbe various Defondanb'
Reports preparcdby Ervar'
this Report will be timited to the Jonflicting January25, 2008 Daily Observation
 TIIE INVESTIGATIQII

Documentsand MaterialsAnalYzed
('Cato") to
At the outset, Hart conductedan initial interview with Assistant Chief CharlesCato
determine likely key witnesses and categories of relevant documentation.2 Following this
interview, Hart-decided to assembleand review documentationand materials relevant the to
investigaiion. Hart's first task was to determinewhere the various documentsmight be located.
Once located, Hd and Moore analped every documentand all the materialsand comparedand
orossreferencedthem againstone anothsr'

Hart and Moore analped the following documentsandmaterials:

l. plaintifits'Original Petitionin Lozadav. City of Dallas, Tbxns,et al.,No.10-02014' in the

298thJudicial District Court of Dallas, Texas

2. The entire Human ResourcesPe,monnelFiles reports for:

& Dale Erves

b. David Nofzinger

c. Victor Lozada

d- Javier r eal

e. StevenM. Hoffinan

f. TyroneNichols

3. The entire Unit Files forthe individuals listed in item no. 2 above

4. A variety of news publication articles regardingthe Escort

5. Dallas PoliceDepartmentInvestigativePanelReporqTraffic Division, July 3,2008

6. All Daily ObservationReports,Motorycle PerformanceEvaluations,and Student

Evaluationsrelating to the training of Officer Lozada(including both Daily Obsei:rration
ReportsdatedJanuary25, 2008)

7. TexasPeaceOffioer'sCrashReport,Traffic Fatality #23, dated9l3l2008,for driver

Victor Lozada-Tirado

8. DPD GeneralOrder - Code of Conduct

2
It should be noted that this conversation took placc on Maroh 9, 2010, which was bcforc Hart was
retained on anotherspecial investigation involving a police escort relating to the funeral for Chief Brown's son. Hart
was engagedon that mattsr on or about Junc 28,ZOl0'

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9. City of Dallas PersonnelRules

10. Traffic SeotionSOPs,effectiveasof June2000,August2008,andMarch 2010

I l. Motorcade detail lop - Novernb€r2007- February2008

lZ. Email correspondence-between Hoffrnan and Lt. Scott Bratcher regarding transfer
(December2007)

13. complete versionof moiorcyclehaining manualolank manual)

U, Interviews Conducted

Hart's primary fact-gathering method employed in connection with this investigation was by
meansbf personal interview. Assistant Chief Cato set up the first interview, and Sgt. tonzo
Anderson (uAode"son")servedas Hart's liaison for the rernainderof theseinterviews. Anderson
contaotedindividuals to be interviewed in advanceof Hart and Moore's contactwith them, their
Moore personally telephoned the individuals to schedule in person interviews for Hart and
Moore.

of the followingmembersof the DPD:

Hart and Hof&nanconducted.interviews

a. First AssistantChief CharlesCato (nCaton)3

b_, _ Senior Corporal Dale Er_vec(lErvag)

c. Senior Corporal Gilb€rt Arevalo ("Arevalo")

d. SeniorCoqporalJavierLeal ("Leal*)

e. SergeantDavid Nofzinger ("Nofzinger")

f, SergeantStevenHoffrnan ("Hoftnann)

Hart and Moore conductedeach of the interviews of the membersof the DPD at the offices of
Bracewell & Giuliani, with the exceptions of the interviews of Cato and Ewes, which were
conducted at Dallas Polioe Headquarters. None of the staternentswere given under oath, and
were had with Leal, Nofzinger,
none of the interviews were recorded. Follow-up teleconfere,lrces
Hoffinan, and Lt. TammieHale.

ilI. Ftndings of Fact

A. The DPDrsMotorcyle Training Program

The DPD,s current motorcycle training protoeol is oonducted pursuant to a ten-chapter

motorcycletraining manual,utilized and followed by trainers. The progam beginswith 10-14
daysof motorcycle"schoolr"which consistsof a short orientationclassroomsession,then drills,

3 Initial intervisw at tho inception of the investigation.

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 instruction,and riding in a Fair Parkparkinglot. Field haining consistsof a "first phase,"which
lasts three weeks, and a "second phase," which lasts four weeks, Various trainers preside
simultaneously over the motor school, with a senior officer supervising and each phaseof the
nDaily
field training is conductedby separate,individual instructors. The instntctors prepare
ObservationRepoils," which describeand monitor the trainee'sprogressin narrative fashion, and
fill out a "Daily ObservationEvaluation" form in an itemized scoredfashion, from I {being the
lowest score) to 7 (being the highestscore). After eachphasehasbeen completed,the instnrstor
and the trainee sign a completion form, whioh goes into the hainee's file. If the trainee's
performancefor phasetwo is satisfactory(i.e., the frainee receivesat least a "4" for all baining
items ide,ntified on the Daily Observation Evaluation forms), the tainee will move into
enforcement.

B. Lozada's Tralning

Lozada began working with DPD in Febnrary 1988 and was assignedto the Patrol Bureau. He
began working in the Traffic Division of the DPD in or about 2003, and he began training as a
motorcycle oflicer on November5,2N7. l-ozadabeganMotorcycle Sshool on Noveinber5,
2007. The school lastedthrough November 21, with the last day being a "wash day.nAfter
passinghis final examinationfor Motorcycle Scbool, I-azadaadvancedto the first phaseof field
saining. Leal was Lozada'straining officer for this phasg which beganon November 26,2007,
In accordancewith standardprocedure,Leal preparednarrative Daily ObservationReports and
completed Daily Observation Evaluations, These forms show consistent improvement in
Lozada's motoroycle riding abilities.. The first phase of field training was completed on
- Decembs 21, 2007 (-\vithnecemh-ul4-17 bciag o!a:trru4i!&!4ys). Loza@began!-hase Two
of his field raining on Decenrber31, which lasteduntil January25,2008. Erveswas l.ozada's
haining officer for this secondphase. Erves preparedna:rative Daily ObsorvationReports and
filled out the Daily Observation Evaluation forms for each day of Lozada's training. The
narrative reports generally describeI,ozada'sprogressas t'productivgn "good" and/or npositive.n

The narrative for Lozada'sJanuary 25,2008 Daily ObservationReport as provided to Hart by

DPD administration, states: "Sr. Cpl. Lozada spenttoday leaming about escortproceduresof the
Dallas Polioe Department. This if the last day of Phasetwo training for Sr. Cpl. tozada. Sr.
Cpl. Lozadahas successfullycompletedhis field training. Sr. Cpl. Lozadaneed[sic] tocontinue
to work hard to sharpenhis riding skills. Sr. Cpl. Lozadais where he should be at this stageof a
motorcycle offioer. Staying committed will take him the rest of the way."

During his interview for this investigation, Ewes described Inzada as being 'rvery dedicated"
and interestedin leaming. He felt that Lozadawas "qualifiednto be at the level of a beginning
sheet rider, and that he was "where he should have been at that lwel,n He felt that, for Loz.ada
and any beginning streetmotorcycle rider, additional developmentis required and necessary.

On January 25, 2008, Erves and L,ozadainitialed a PhaseTwo (Weeks 4-7) complction form,
with blanks for all training topics, including the blank for "Performing escbrts.n A notation for
"Presidentialand other dignitaries"states"(classroom training) video."

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 C. The SecondJanuary 25, 2008Daily ObservationReirort

In addition to the January25,2OOSDaily Obsovation Re,portdiscussedabovq Erves initially

prepared and presentd Lozada with a Daily ObservationReport, dated the same day, which
itui"O in part: "[ am asking that Sr. CpLl-ozada's training be extendedat least two more week
[sic] just to see if he can improve and get his riding together be,causehe has made so many
misiakes that it scaxesme. . . . I really believe that he needsto repeatttre complete Phasetwo
portion of taining. . . . Sr. Cpl.I--ozadain otherwords hasfailed this Phaseof training. We will
iturt ovrt on Monday January28th2008.' This Daily ObservationReport,which was attachedto
the Plaintiffs' Petition in the above-referencedLawsuit, was signed by both l-ozada and Erves.
This report was not found in l.ozada'sUnit File.

In his interview, Erves explained that this report, which he remembersto be written in red ink,
wasra "joke," was not written using "official" languagg and was not filed with adminishation or
otherwise savedor maintainedby Erves. Erves statedthat wbile he was stict with L,ozada,this
report was rneant to ubreakthe ice," that he first gave Loz.adathis report, watctredhis reaction,
then gavehim the "real" report describedabove. Erves further explainedthat he believesI-ozada
took the "joke" report home and showedhis wife, and that he rem€rnberslaughing with l,ozada
and his wife about it within a month or so after t,ozada'scomplotion of PhaseTwo taining.
Erves statedthat lozada told him that he was "going to framenthis report. He believesthat the
plaintiffs in the lawsuit obtained a copy of this report Arevalo likewise stated that Erves
presentedArevalo with a "joke" report that stated that he should not be on a motorcycle.a
Arevalo, who threw his "joken re,portaway, believed that this was a common prank played by
3rves -and stateLthat Encs told him rr*o!to_tell LqZqdp_qbqutit. Arevalo rememberstelling
Lozadaafter Erves had givar him the "joke" report ttrai it was not reat and-0rathe had haOthe
sameprankpulled on him.

coNcLUSION REGARDING THE JANUARY 2s, 2008DAILY OBSERVATION

REPORT STATING THAT LOZADA SIIOULD REPEAT PIIASE TWO OF'TRAINING

Lozadareceived a passinggrade on the final test during Motorcycle School, which is required to
move into field training. Leal, his first phasetrainer, did not believe that Lozada exhibited any
major deficiencies in his training and statedthat he was where he "should ben at the conclusion
of Phase One. He thought tl:,olt Lazada was "doing fine," Erves likewise gave Lozada
satisfactorymarks for PhaseTWo training and believed that [-oz.adawas both where he nshould
have been" at the oonclusion of PhaseTwo and sufficiently qualified to be a beginning
motorcycleoffrcer. ThesetrainersrDaily ObservationRe,ports(with the exceptionof the longer
January25,2008 "joke" reportdiscussedbelow) are consistentwith theseconclusions,show that
Lozada was making steadyprogress,and establishthat as of the time Lozadahad completedhis
training Lozadahad received satisfactoryratinp in connectionwith his motorcycle baining.

While unprofessionaland not in accordancewith any training protocol or procedurg it is clear

that the longer January25,2008 narrative Daily ObsenrationReport preparedby Erves and giveir
to Lor.ada on his final day of PhaseTwo training, in which Erves reoommendstlrat Lozada
repeatthis phase,was not the official report but rather a joke madeby Erves at Lozada'sexpense.

t Erves was Arcvalo'c instnrctor for PhascOne ofhis fietd training.

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Erves explained that this was a prant<"written in unofficial red pen, and not filed with
administration. He explained that he told Lozada to throw this report away and that he later
laughedwith Erves and his wife about it, Arevalo confirmed that he was the victim of a similar
he had a
3oke, that he believed this was something that Erves did to other trainees, and that
-discussion njoke"
with Lozada about the report being a false report written in jest. The re'port
was inconsistent with previous Daily Observation Reports, as well as the "5" ratings gven by
Erves on the Daily ObservationEvaluation Scoresheets for January 25, 2008. The correct,actual
January 25,2OOBDaily ObservationReport appearsin Lozada'sUnit File and states:"This is the
last day of Phasetwo training for Sr, CpL Lozada. Sr. Cpl. Lozadahas successfullycompleted
his field training. Sr. Cpl. Lozadaneed[sic] to continueto work hard to sharpenhis riding skills.
Sr. Cpl. Lozada is where he should be at this stageof a motorcycle officer. Staying committed
will take him the rest of the way.n

TerenceJ. Hart
William J. Moore

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 APPENDIX A

List of Attachments

Attachment
Daily ObservationReports,Motorcycle PerformanceEvaluations,and
A-1 StudentEvaluations- Victor Lozada-Tirado

Report stating that Lozada should

January25,2008 Daily Obse,rrration
A-2 repeatPhaseTwo of Training

Texas PeaceOfficer's CrashReport, Traffic Fatality#23, daled

A-3
913/2008,for driver Victor Inzada-Tirado

A-4 Portions of Traffic StandardOperatingProcedures,June2000

A-5 Portions of Traffic StandardOperatingProcedures,August 2008

March 2010(revised
PortionsofTraffic StandardOperatingProcedures,
A-6 as ofOotober 2009)

A-7 Motoicyle Training Manual

A-8 Motorcadedetail logs - Noverrber 2007througfuFebntary22,2W8