HENDERSON POLICE DEPARTMENT

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ADMINISTRATIVE REPORT
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Officer Name / P#: Lt. Brett Seekatz # 1140, Charles

Division: Patrol CASE #: IA2019-120
Tween # 2232
Date / Time of Occurrence: 8-22-19 1850 Hours Duty Status: On Duty

Investigator(s): Lieutenant Brandon Brooks # 846

Allegations/Complaint:
It is alleged that Lieutenant Seekatz was rude and discourteous, used excessive force, and failed to activate
his MVICS. It is further alleged that Officer Charles Tween deliberately muted his body worn camera while
Lt. Seekatz was rude and discourteous.

Investigative Overview:
On 9-5-20, Mr. Khalil Carter called Internal Affairs and filed a complaint. He initially advised that a driver had
filed a false police report against him and when he did not make a statement, Police Officers came to his
house to arrest him. He alleged that officers threatened him and used excessive force. Mr. Carter
elaborated that an Officer, later identified as Officer Tween # 2232, kept calling him wanting him to give a
statement. He refused to do so and then Officer Tween advised him that he had an arrest warrant. Mr.
Carter demanded to see the warrant, but the Officer refused to show him. The Lieutenant, later identified as
Lieutenant Seekatz, threatened to shoot him through the door and used excessive force when he was by
the police car. Further advising he recorded the incident and the officer lured him to come outside so they
could search his house and then towed his car. He stated he did nothing wrong; the police harassed him.

It was requested from Mr. Carter, multiple times, to provide Internal Affairs with a copy of his recording. Mr.
Carter has failed to do so.

Report # 19-11294:
The following is a brief summary:

Officer Tween # 2232 took a report while working at the east station desk from Paul Catha who advised
that as he was driving in his car a white Ford Mustang cut him off. Paul stated that as he approached the
vehicle in traffic, he rolled down his window and attempted to speak with the driver. Paul advised that the
driver of the Mustang rolled down his window and pointed a handgun at him. Paul drove off fearing the
male would shoot him. Paul described the male as a light skinned black male in his 30’s. Paul wished to
press charges.

A records check revealed the Mustang was registered to Khalil Carter DOB 9-25-95. Additionally, on 3-
17-17, Khalil discharged a black 9mm Glock 19 within a structure (HPD report # 17-04938).

Ultimately Officer Tween was able to speak with Mr. Carter over the phone and corroborated that Khalil
had an altercation with Paul. Khalil advised he did not point a gun at Paul, only showed him “the clip.”
Khalil confirmed that he owns a gun but could not explain why he showed Paul the clip (referring to the
magazine).

Officer Tween developed probable cause and submitted an affidavit for warrant listing Khalil as the
suspect for Assault with a Deadly Weapon.

In a supplemental report, a warrant was approved.

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Officer Tween was then able to make contact with Khalil via land line who advised he would come to the
balcony to have a face to face conversation with Officers. Officers explained to Khalil that due to his
warrant they were going to place him in custody. After a lengthy verbal dispute with Khalil and his
girlfriend, identified as Lyjha Goodman (DOB 06/05/1997), Khalil finally came out of his apartment and
was placed into custody.

Due to the fact that Khalil threatened to shoot through his apartment door after being advised that
Officers were there to place him into custody, coupled by the fact that Khalil is known to own a firearm,
therefore, it was reasonable to assume that Khalil's threats were legitimate and were placing officers in
reasonable fear of harm, Khalil was charged with the offense of intimidate officers/others with threat of
force (1st), a felony offense reference NRS 199.300.3.

Due to the fact that Khalil called 911 dispatch which is an emergency line multiple times without the
existence of an actual or perceived emergency, he was also charged with unlawful use of emergency
phone number (911), a gross misdemeanor offense reference NRS 207.245.

Khalil would not give consent for Officers to retrieve his firearm, therefore a telephonic search warrant
was approved by a judge. The firearm was recovered from inside the residence.

MVICS:
Brief summaries of the officers Body Worn Cameras are noted below. Due to the length of each video, only
information specifically pertaining to Mr. Carter’s complaint will be summarized.

Officer Tween:
On 8-22-19, at approximately 1903 Hours, Officer Tween approaches Mr. Carter’s door and knocks. He
announces himself and asks Mr. Carter to answer the door. Mr. Carter’s voice can be heard but it is
subdued due to him not opening the door. Officer Tween explains to him that he has a warrant and he
needs to open the door. Officer Goodwin then speaks with Mr. Carter explaining the warrant process and
that there is a warrant for his arrest. Mr. Carter answer is unintelligible, but Officer Goodwin states, “OK, we
will get a warrant for your house.” Both officers’ then walk downstairs, and the audio is muted. Officer Tween
then walks back up to the apartment (audio unmuted) and then advises Mr. Carter that he should turn
himself in willingly or else SWAT may have to respond. Mr. Carter asks something to which Officer Tween
reexplains the warrant process again. It appears that Mr. Carter was arguing the warrants validity. He then
walks back down the stairs and the camera shuts off.

In the second camera footage Officer Tween is at the base of the stairs adjacent to Mr. Carter’s apartment.
His audio is muted as he follows Lieutenant Seekatz up the stairs. At time stamp 19:25 the audio is unmuted
and Lt. Seekatz can be heard stating “I am threatening you right now, stop talking over me and listen to me
for a second. If you would go to the balcony and talk to me like a man instead of a little bitch hiding behind a
fucking door, then maybe we could fucking talk, I am the fucking...” Officer Tween’s camera is then muted.
Both walk down the stairs and then the audio is unmuted. A brief conversation amongst Officer Tween and
Lieutenant Seekatz takes place.

Officer Tween’s third camera footage shows Officer Tween conversing with Mr. Carter as Mr. Carter is
standing on the balcony. Officer Tween states again to Mr. Carter about the warrant. As Lieutenant Seekatz
tells him to relax, Mr. Carter states, “You all gonna shoot me or something.” Lieutenant Seekatz replies, “We
don’t have guns out partner.” Lieutenant Seekatz then explains to Mr. Carter that there is a warrant and he

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has two options; he can come outside or the SWAT team will be called out to arrest him because they know
he has a gun. Mr. Carter doesn’t believe he has a warrant and claims the allegations were not true. Officer
Tween then explains to him that the charges can be disputed in court. Mr. Carter doesn’t appear to believe
the officers/nor does he appear to understand the legal process. Officer Tween then explains again the
process. Mr. Carter then claims that if he gives up, Officers will shoot him. Officers reassure him that will not
happen. Mr. Carter then walks back into his apartment as Officers wait outside.

Approximately 10 minutes later Mr. Carter walks out of the apartment and Officer Tween places him into
handcuffs without incident. Officer Tween then escorts him to the front of a patrol car where he is searched.
Mr. Carter is then placed into a patrol car and seat belted in. Officer Tween reads Mr. Carter his Miranda
Rights. Lt. Seekatz then explains to Mr. Carter that Officers need to retrieve the gun, but they need his
permission to get it. Mr. Carter says no and asks why. Officer Tween tells him why they want the gun. Lt.
Seekatz tells Officers to secure his car. Mr. Carter is left in the patrol car as Officers converse with the audio
muted.

Mr. Carters girlfriend is then allowed to speak with him while Officer Tween stands by. Officer Tween
answers a few questions that Mr. Carter asks. Mr. Carter repeatedly asks the same questions. Mr. Carter’s
demeanor begins to change and he starts accusing Officer Tween of being racist and states, “Please Don’t
shoot me, you got your gun in your hand.” Officer Tween advises that he doesn’t even have his hand on his
gun. Officer Tween closes the patrol car door and then converses with Officers and writes a report. The
audio is muted for the remainder of the recording.

Lieutenant Seekatz:
The initial interaction at the door of Mr. Carter’s apartment was not recorded and the MVICS does not
appear to be activated.

Lieutenant Seekatz video is activated and recorded similarly as Officer Tween’s third video while they are
conversing with Mr. Carter on his balcony. When Mr. Carter walks back into the apartment, Lieutenant
Seekatz walks back to the patrol cars parked in the parking lot. When Mr. Carter eventually comes out,
Lieutenant Seekatz walks back to where Mr. Carter is. Officer Tween can be observed pat searching Mr.
Carter. Lieutenant Seekatz walks behind Mr. Carter and Officer Tween as they walk to a patrol car.
Lieutenant Seekatz interaction with Mr. Carter was previously documented under Officer Tween’s recording.

Lieutenant Seekatz and Officer Tween stand at the back of the patrol car and converse with the audio
muted. Lieutenant Seekatz interacts with Mr. Carter’s girlfriend and explains to her that if he gives consent
after denying it, the consent may be perceived as coercive because Officers already advised that a tow was
enroute and the car would be searched via a search warrant. She calls him an ‘asshole’ and walks away.

Lieutenant Seekatz then walks back to the patrol car while Officer Tween and Mr. Carter are conversing.
Officer Tween explains that the gun is evidence. Lieutenant Seekatz tries to explain to Mr. Carter the
process and Mr. Carter states “You don’t like black people; I swear I could see it in your eyes.” Lieutenant
Seekatz replies, “That’s pretty insulting seeing that one of my sons is half black, that’s pretty insulting.” Mr.
Carter then states, “I am so scared of you, look how you holding your hands.” Lieutenant Seekatz replies,
“My hands are folded in front, I am trying to be calm with you.” Mr. Carter states, “Please don’t touch me.”
Lt. Seekatz states, “I haven’t touched you.” Mr. Carter states, “I am just saying don’t touch me.” Lieutenant
Seekatz then advises, “Then you are going to jail then.” He then shuts the patrol car door and walks away.

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Lieutenant Seekatz arranges for another Officer to transport Mr. Carter to jail. Once Officer Ramos arrives,
the patrol car door opens and Mr. Carter shouts, “Kill me like you said you were! You said you was gonna
kill me so come kill me, kill me know, I am ready to die.” Lieutenant Seekatz asks, “Who said that?” Mr.
Carter replies, “You did.” Lieutenant Seekatz denies that and states, “I never said that.” Mr. Carter states,
“You keep touching your gun bro, come shoot me.” He then shouts, “I am in cuffs don’t shoot me.”
Lieutenant Seekatz states, “How am I touching my gun sir, my hand is not near it.” Mr. Carter then tries to
illicit a response from Officer Ramos stating, “You see him, look at his face, he look like Hitler, he said he is
gonna kill me, I am using you as my witness, I am ready bro. You get me away from him I greatly appreciate
it.” Officer Ramos asks Mr. Carter his name and Mr. Carter replies, “I forgot bro, I don’t even know my
name, I hit my head, I have a concussion, Mr. Carter is that my name? I am ready to go.” Officer Ramos
explains that he is going to take him out of the car and Mr. Carter replies, “Alright if you want to beat me up,
just make sure you stay away from his gun cause he gonna shoot me.” Officer Ramos then changes Mr.
Carter’s handcuffs out. Mr. Carter continues to be antagonistic, claiming Lieutenant Seekatz is gonna shoot
him. As Officer Ramos is finishing the exchange of handcuffs, Mr. Carter states loudly, “Please don’t hurt
me, don’t push me. Police brutality, you just pushed my face against the wall, I am scared of him.”

It should be noted that at no time did Lieutenant Seekatz touch Mr. Carter or even stand close enough to
reach Mr. Carter. Mr. Carter was never pushed against a wall or side of the patrol car.

Mr. Carter is then escorted to Officer Ramos patrol car. Lieutenant Seekatz follows behind. Mr. Carter
stands near the rear passenger side of the patrol car and he states to Lieutenant Seekatz (who is standing
approximately 6 feet away), “Back away from me, I am telling you, he is dangerous.” Mr. Carter’s girlfriend is
heard in the background stating, “You are so, be quiet, Khalil, listen to my voice in your head, OK, be quiet
and don’t say nothing.” The passenger side door is then shut.

Interviews:

On 1-30-20, at approximately 1435 Hours, Lieutenant Seekatz was interviewed and advised the following:

Lieutenant Seekatz advised that he has been a member of the Henderson Police Department for
approximately 18 years and has been a Lieutenant for three years. Lieutenant Seekatz remembered
the incident and elaborated on the reasons why Officers were contacting Mr. Carter. He then
specifically advised that upon arrival he was briefed by Officer Tween. He stated he told Officers to
activate their camera’s and hit his button to activate his as well to document the interaction with Mr.
Carter. They then walked up the stairs to talk with Mr. Carter. He thought his camera was activated,
advising he had a dialog with him through the door. Mr. Carter would not open the door. Mr. Carter was
mumbling and would talk over him. Because of this Lieutenant Seekatz tried to taunt Mr. Carter as a
ruse to get him out of the residence. Lieutenant Seekatz challenged his manhood by using profanity to
try to get him to come out.

Eventually Mr. Carter came out to the balcony. In Lieutenant Seekatz opinion, Mr. Carter was directing
his anger towards him so he walked around the building so Mr. Carters attention could be directed
towards Officer Tween in an effort to get him to come outside. They were able to eventually get him to
come outside and surrender.

Lieutenant Seekatz stated that there are issues with the MVICS body cameras, especially when there
are updates. He specifically advised that the volume won’t work. Volume will be shut down and it won’t

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vibrate. He advised that on this recent update, similar issues occurred. His representative, Lieutenant
Gayer, advised that he has experienced similar issues.

Lieutenant Seekatz did advise that Mr. Carter shouted from inside his home that he would shoot
Officers. Lieutenant Seekatz denied using any force with Mr. Carter. He advised he explained things to
him but advised he never touched him. Mr. Carter was very angry/hostile with him. It was clear that Mr.
Carter did not like him as he would make comments on his looks. Mr. Carter was over dramatizing
things and narrating, trying to illicit sympathy from onlookers.

Lieutenant Gayer advised that the problems are well known with the MVICS system. He advised of
examples where the cameras will automatically activate or shut down for no reason. Further stating that
body worn cameras will link up with other Officers’ vehicles and activate if in close proximity.

On 2-5-20, at approximately 1453 Hours, Officer Tween was interviewed and advised the following:

Officer Tween advised that he has been a member of the Henderson Police Department for
approximately 4 years and is currently assigned to the Swings A North shift. Officer Tween
remembered the incident and elaborated on the reasons why Officers were contacting Mr. Carter.
Officer Tween advised that at no time did Officers threaten to shoot Mr. Carter. He did recall that Mr.
Carter stated he was going to start shooting through the door. He advised that Lieutenant Seekatz was
on scene when he threatened to shoot Officers. He advised that he has had sporadic issues with his
remote as well as his body worn camera such as not recording, muting, connectivity, etc. He was asked
if he deliberately muted his camera to cover for the supervisor on scene because he may have been
out of line. He stated that he did not intentionally mute his camera to cover for another Officer. Officer
Tween advised that he constantly toggles his camera to make sure it is not on mute and will periodically
check it, adding that he must not have unmuted it when they walked down the stairs after Mr. Carter
gave threats. He advised he keeps his remote on his belt by his magazine pouch. He keeps his hands
in close proximity to the remote.

Officer Tween does not have any similar sustained cases over the past 3 years.

Lieutenant Seekatz does not have any similar sustained cases over the past 3 years.

The aforementioned incident(s) may be a violation of the following for Officer Tween:
Henderson Police Department Policy Manual

DPM 1094.4 – Code of Conduct – Conduct Unbecoming

Conduct unbecoming an employee which has the potential to bring discredit to the Department.
(Class 2)

DPM445.3 Activation and Documentation:

1. BWC The body worn camera is required to be worn by all HPD uniformed Peace Officers at the rank
of Lieutenant and below who, in a uniformed capacity, routinely interact with the public.

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Officers required to wear a BWC will activate the BWC prior to arrival when responding to a call for
service, or as early as possible at the beginning of any self-initiated law enforcement or investigative
encounter with a member of the public when it is safe and practical to do so. Specifically, Officers will
record all contacts with citizens in the following occurrences:

• All dispatched calls for service

• Any contact with a member of the public that becomes adversarial, if not already activated
(Class 3)

The aforementioned incident(s) may be a violation of the following for Lieutenant Seekatz:
Henderson Police Department Policy Manual

DPM 1094.4 – Code of Conduct – Conduct Unbecoming

Conduct unbecoming an employee which has the potential to bring discredit to the Department.
(Class 2)

DPM 1094.4 – Code of Conduct – Conduct Unbecoming

Using rude or insulting language or conduct offensive to the public while in the performance of your
official duties. (Class 2)

DP 103.24 The Police Role- Personal Conduct:

The personal conduct of each employee of the Department is the primary factor in promoting public
trust. Tact, patience, and courtesy shall be employed under all circumstances. Employees shall avoid
behavior that would tend to bring discredit to the Department. Conduct, whether on or off duty, shall be
such as to merit respect and confidence. (Class 3)

DPM 445.3 Activation and Documentation:

2. BWC The body worn camera is required to be worn by all HPD uniformed Peace Officers at the rank
of Lieutenant and below who, in a uniformed capacity, routinely interact with the public.
Officers required to wear a BWC will activate the BWC prior to arrival when responding to a call for
service, or as early as possible at the beginning of any self-initiated law enforcement or investigative
encounter with a member of the public when it is safe and practical to do so. Specifically, Officers will
record all contacts with citizens in the following occurrences:

• All dispatched calls for service

• Any contact with a member of the public that becomes adversarial, if not already activated
(Class 3)

DPM 1094.4 Code of Conduct: Use of Force:

Excessive use of force. (Class 5)

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To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Lieutenant Brandon Brooks # 846 DATE: 3-10-20

HPD 0076 City of Henderson, NV Revised: 10/02/2013