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Officer Name: Brett Seekatz, #1140 Rank: SGT Division: Patrol Case #: PC2010-049

Date/Time of Occurrence: 10-29-10 @ Duty Status: Full Time on Duty Investigator: Lt. Jack Brooks #607
approximately 0416 hours

Other Persons Involved (including Officers): NHP Sgt. Anthony Bandiero #692, NHP Officer John Cass #755, HPD Officers
Francis Shipp #1076, Douglas Lynaugh #1554, Seth VanBeveren #1337, and Investigator Hollie Chadwick #1139.

Summary of Facts Concerned:

It is alleged that Sgt. Brett Seekatz used unreasonable and or unlawful force while NHP Officers and HPD Officers were
affecting the taking into custody of an individual suspected of driving under the influence of alcohol or controlled substance.

If sustained, the aforementioned incident would be a violation of the following:

Henderson Police Department Policy Manual:

DM-0650.01 USE OF FORCE……a careful balancing of all human interests are required. Therefore, our policy is that
police officers and corrections officers will use only reasonable force to effectively bring an incident under control……..

DM-0650.02 COMPLIANCE TECHNIQUES……Officers shall use compliance techniques in accordance with constitutional
law, the Nevada Revised Statutes or Department approved training. Officers may not use force or any compliance
technique that they have not been trained to use, unless they can specifically articulate a need that should only exist in the
most dangerous situations.
Definitions: Reasonable Force—The amount of force that another officer with the same or similar training and experience,
facing the same or similar circumstances, may have employed.
Unreasonable Force—The amount of force that another officer with the same or similar training and
experience, facing the same or similar circumstances, would not have employed.
Unnecessary Force—Any amount of force that is used by an officer that does not fulfill a lawful objective or is
needless or uncalled for.

Investigation:
On November 18, 2010, I began a review of DR # 10-21056 based upon the request of City Attorney Nancy Savage. This report
documents actions of HPD Officers and their involvement with Nevada Highway Patrol (NHP) during that agencies attempt to
apprehend a suspected individual who was allegedly driving under the influence of alcohol or controlled substance within HPD
jurisdiction on October 29, 2010 at approximately 0416 hours. Incident Details for Event # LHP101029000094 are attached to this
report and indicate that the report type is Assist Other Jurisdiction. NHP report is documented under their Officer’s Report number
1010290059 and is also attached indicating that it is a Failure to Yield.
Henderson Police Dispatch received notification of a vehicle pursuit and to be on the lookout at Lake Mead and VanWagenen. HPD
Dispatch asked if NHP needed our assistance and no request for assistance was made from NHP Dispatch according to the recorded
phone call. Officer Shipp #1076 stated that NHP patrol vehicle was following a vehicle that was slow to yield and that he would be
following to see if they needed assistance. Officer Shipp provided direction of travel and speeds and reiterated that he was ‘just
following’ and that they were still east bound passing Water Street and traveling at 55 MPH. Investigator Chadwick #1139, who was
riding along with Sgt. Brett Seekatz #1140, ordered a Code Red at this time. Officer Shipp then stated the vehicle stopped at Boulder
and Lake Mead. Investigator Chadwick ordered all incoming traffic to downgrade and to lift the red which was lifted at 0419 hours.

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Reviewed HPD Reports:

The report authored by Officer Francis Shipp on 102910 at 0510 hours states he was on the right side of the vehicle observing the
driver, who was identified as Adam Green, fails to obey verbal commands to exit his vehicle. Officer Shipp stated that he observed an
NHP Trooper, identified as John Cass #755, and Officer Lynaugh #1554 remove Adam Green from his vehicle. The vehicle was not in
park and lurched forward which required Officer Lynaugh to jump into the driverless vehicle to bring it to a stop. NHP Trooper Cass
was then attempting to control Adam Green and place him into custody. NHP Trooper Cass was unable to control Adam Green who is
6’9” tall and weighs approximately 270 pounds. Officer VanBeveren #1337, Officer Lynaugh (after stopping the driverless vehicle),
NHP Sgt. Anthony Bandiero #692, and Officer Shipp all begin assisting NHP Trooper Cass in an attempt to restrain and control Adam
Green who has not followed any of the verbal directions given by the NHP Sergeant, NHP Trooper, or HPD Officers.
The supplemental report authored by Officer Seth VanBeveren on 102910 at 0701 hours states Adam Green did not comply with
orders and stayed seated in the vehicle and that NHP Trooper Cass unsuccessfully attempted to pull Adam Green out of the vehicle.
When Officer Lynaugh reached in grabbing Adam Green’s shirt, he was then pulled out of the vehicle with NHP Troopers and HPD
Officers forcing Adam Green to the ground on his hands and knees. Officer VanBeveren states that Officer Shipp was struggling with
Adam Green and he then delivered two knee strikes to Adam Green’s right thigh which assisted in gaining control and restraint of
Adam Green’s hands by placing them into handcuffs.
The supplemental report authored by Officer Douglas Lynaugh on 102910 at 0456 hours states NHP Trooper Cass placed on handcuff
on Adam Green’s left wrist and attempted to pull Adam Green from the vehicle. Officer Lynaugh states Adam Green pulled his arm
back into the vehicle and then Officer Lynaugh grabs Adam Green’s shirt collar pulling Adam Green from the vehicle but, the vehicle
was still in drive and began to roll forward. Officer Lynaugh stated he entered the vehicle to put it in park and turn it off. Officer
Lynaugh stated officers were still attempting to gain control but Adam Green was overpowering Officer Shipp who had Adam Green’s
right arm. Officer Lynaugh states he then delivered two-three strikes with his knee to Adam Green’s right side and then Officer Shipp
was able to pull Adam Green’s arm from underneath his body and to the center of Adam Green’s back to be placed into handcuffs.
The supplemental report authored by Sgt. Brett Seekatz #1140 on 102910 at 0456 hours states that he observed the NHP vehicles
pass his location of Water Street and Lake Mead while driving Code 3 with HPD Officers Shipp, Lynaugh, and VanBeveren following.
Sgt. B. Seekatz states he observed NHP Trooper and Sergeant at the driver and passenger door with one of the NHP Troopers
attempting to kick the drivers’ window but was unsuccessful in breaking it. Sgt. B. Seekatz states the Trooper was attempting to
handcuff the driver and pull him from the vehicle and did so with Officer Lynaugh reaching in and pulling on the driver. Sgt. B. Seekatz
states the driver, Adam Green, is a large man, specifically 6’9” and appeared to weigh 300 pounds in good physical condition and
pulling away but was taken to the ground by Troopers and Officers. Sgt. B. Seekatz states as he approached, Adam Green was not
complying and actively resisting with both hands under him and attempting to push himself up off the ground. Sgt. B. Seekatz states
he kicked Adam Green numerous times on the shoulder and chest as he came up. Sgt. B. Seekatz states his kicks had no effect on
Adam Green and some of his kicks struck Adam Green on the head and he believed they only antagonized Adam Green so he
stopped kicking Adam Green. Shortly after Sgt. B. Seekatz’ kicks Adam Green was secured into handcuffs. Sgt. B. Seekatz states in
his report that Henderson Rescue responded and determined that Adam Green was diabetic with his blood sugar dangerously low and
was provided glucose and Adam Green quickly became clear and coherent. Sgt. B. Seekatz states Adam Green claimed no physical
injuries and was very apologetic but that Sgt. B. Seekatz observed that he had black marks on his face and a small fresh red mark.
Sgt. B. Seekatz states that he advised Adam Green that Henderson Police Department would be documenting the event with an
incident report and a use of force report and how to obtain a copy of the report. Sgt. B. Seekatz also stated in his report that the entire
event was documented by NPH on video.
Sgt. B. Seekatz, Officers Shipp, VanBeveren, and Lynaugh each completed Blue Team Use of Force reports as required by
department policy.
Reviewed NHP Report:
The report authored by NHP Trooper John Cass #755 states that on 102910 at approximately 0404 hours NHP Dispatch announced
that a tan Honda Civic was failing to maintain its travel lane and driving without headlights in the vicinity of I-215 East and Decatur.
Trooper Cass states that he was standing by at eastbound I-215 east of Gibson and did observe the vehicle at approximately 0415
hours when he began to initiate a traffic stop. Trooper Cass continues by stating the vehicle failed to yield to his lights and siren and
he initiated a pursuit with the Honda Civic continuing east bound on SR-564 (Lake Mead) and coming to a stop at the red lighted traffic

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signal at eastbound SR-564 at Boulder Highway. Trooper Cass states he exited his vehicle and proceeded to the tight side of the
Honda Civic and then was directed to the left side of the Honda Civic and placed a handcuff on the left wrist of the suspect to pull him
out of the vehicle. Trooper Cass continues by stating HPD arrived on scene and assisted with the removal of the suspect from the
vehicle who was placed face down on the ground by multiple officers of the HPD whereby he affixed the other handcuff on the
suspect’s right wrist. Trooper Cass stated that the suspect admitted to being diabetic was identified as Adam Green, and upon arrival
of HFD he removed the handcuffs from Green. Trooper Cass closed his report by stating that after being treated by HFD Rescue 83,
Green was released without further incident.
Nevada Highway Patrol In Car Video Review:
A certified copy #1226414 of the NHP video as recorded from both NHP vehicles was obtained during the week of November 22, 2010
from Cpt. Lorenzo of the Southern Command NHP. Cpt. Lorenzo also directed me to the Office of Professional Responsibility and Lt.
Muth.
Review of the videos provided indicate the following within the indicated time frame:
Trooper John Cass #755 in car video begins at 04:15:09 with the subsequent suspect vehicle yielding at E/B Lake Mead and
Boulder Hwy.
04:18:00—Trooper Cass turns NHP vehicle to right and drives forward slightly with the in car video providing a partial view of suspects’
vehicle right side front tire.
04:18:08—Suspect vehicle is moving side to side.
04:18:18—Trooper Cass, with handgun drawn, comes into view at right side suspect passenger door.
04:18:21—NHP Sgt. Bandier tells Trooper Cass to come over to his side (audio only).
04:18:25—Trooper Cass moves out of camera view to driver side of suspect vehicle.
04:18:28—HPD Officer Shipp, with handgun drawn, comes into view on right side of NHP Trooper Cass’ vehicle.
04:18:37—Suspect vehicle moves forward and Officer Shipp also moves forward in direction of vehicle movement.
04:18:43—Officer Shipp holstering weapon and out of view of NHP Trooper Cass in car video.
04:18:43—HPD Sgt. B. Seekatz comes into view on right side of NHP Trooper Cass in car video.
04:18:45—HPD Sgt. B. Seekatz goes out of view on left side of NHP Trooper Cass in car video.
04:18:46—HPD Officer H. Chadwick comes into view on right side of NHP Trooper Cass in car video.
04:18:49—HPD Officer H. Chadwick goes out of view on left side of NHP Trooper Cass in car video.
04:18:52—Audio only “Stop resisting mother fucker” is heard (2X) and shortly after moaning begins.
04:19:18—Audio only with the moaning stopping.
NHP Sgt. Anthony Bandiero #692 in car video begins at 04:12:30 and subsequent video of the suspect vehicle stop at E/B
Lake Mead and Boulder Hwy at 04:18:04
04:18:04—NHP Sgt. Bandiero stops with in car video viewing the suspect vehicle left side rear passenger wheel/tire area and forward
through the intersection of Lake Mead and Boulder Highway. Audio only of Sgt. Bandiero yelling at driver.
04:18:11—NHP Sgt. Bandiero comes into view left side with handgun drawn and issuing commands.
04:18:12—NHP Sgt. Bandiero approaches suspect driver door with handgun drawn, kicks doorframe area with right foot while issuing
commands to the driver ‘do not move.’
04:18:17—NHP Sgt. Bandiero opens suspect driver door with handgun drawn.
04:18:20—NHP Sgt. Bandiero states ‘hey come over here’ ‘hands up…hands up’
04:18:26—Trooper Cass comes into view on right side of in car video with handgun drawn.
04:18:27—NHP Sgt. Bandiero tells Trooper Cass to take him on a wrist lock and get him out (audio) and Trooper Cass holsters
handgun.
04:18:29—HPD Officer VanBeveren, with right hand on holstered handgun, comes into view on right side of in car video while orders

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are continually being given by NHP Sgt. Bandiero telling driver to not move.
04:18:32—HPD Officer Lynaugh, with right hand on holstered handgun, comes into view on right side of in car video.
04:18:34—HPD Officer Lynaugh reaches into suspect vehicle.
04:18:36—NHP Sgt. Bandiero, Trooper Cass, HPD Officer’s Lynaugh and VanBeveren are all in view of in car video with Trooper Cass
and Officer Lynaugh pulling suspect from the suspect vehicle.
04:18:37—Suspect vehicle begins moving forward (driverless) with Officer Lynaugh stating ‘I got it’
04:18:39—Trooper Cass has handcuff on suspects’ left wrist with suspect on the ground with his right side, thigh and hip in camera
view. Officer Lynaugh reaches and grabs suspect left arm.
04:18:40—Trooper Cass and Officer Lynaugh are over suspects’ left side while Sgt. Bandiero is holstering his handgun and Officer
Shipp at right passenger side of suspect vehicle.
04:18:41—Trooper Cass is pulling suspect left arm by handcuff with Trooper Cass’ right hand on suspects’ back. Officer Lynaugh
jumps over suspect grabbing suspects’ right arm. Sgt. Bandiero is at suspects’ feet/legs. Officer VanBeveren is behind Trooper Cass
grabbing suspects’ right arm.
04:18:42—Suspects’ right arm appears to be going under suspects’ body (stomach area). Trooper Cass struggling with handcuff on
suspects’ left wrist. Suspect left elbow on ground with the wrist bent over suspects’ head. Trooper Cass’ right arm on suspects’ back.
Officer Lynaugh reaches under suspect stomach grabbing suspect right arm. Sgt. Bandiero’s right hand is on Officer Lynaugh’s back
and is reaching down with his left hand. Officer VanBeveren is behind Trooper Cass.
04:18:43—Officer Ship comes into view on right side Sgt. Bandiero in car video. Officer VanBeveren stepping over suspect back to
suspects’ right side. Officer Lynaugh grabbing suspects’ right arm. Sgt. Bandiero at suspects’ feet/leg.
04:18:44—Officer Shipp reaching in for suspects’ right arm (Shipp’s back to camera view). Officer VanBeveren standing on the right
side of suspects’ right arm reaching down. Officer Lynaugh grabs suspects’ right arm. Trooper Cass grabs suspects’ left arm with
handcuff on suspects’ left wrist. Sgt. Bandiero is not in view.
04:18:45—HPD Sgt. B. Seekatz comes into view on right side Sgt. Bandiero in car video.
04:18:47—HPD Sgt. B. Seekatz delivers first kick with his left foot.
04:18:47—HPD Sgt. B. Seekatz delivers second kick with his left foot.
04:18:48—HPD Sgt. B. Seekatz delivers third kick/stomp with his right foot.
04:18:49—HPD Sgt. B. Seekatz delivers fourth kick with his right foot.
04:18:49—HPD Sgt. B. Seekatz delivers fifth kick with his right foot.
04:18:49—HPD Officer H. Chadwick comes into view on right side Sgt. Bandiero in car video.
04:18:50—HPD Sgt. B. Seekatz disengages backwards while the five other officers are struggling with the suspect.
04:18:55—Suspect is covering his eyes/face area with the bend of his left arm at the elbow. Sgt. B. Seekatz is walking to the left of
camera looking back and down at the suspect. Officer Chadwick is also looking down at suspect. Five other officers are still struggling
with suspect.
04:18:56—NHP Sgt. Bandiero is at suspects’ feet. Officer VanBeveren is at suspects’ right leg and thigh area. Officer Lynaugh is not
in view to determine his action. Officer Shipp is bending suspect arm back at the elbow. Trooper Cass has both of his hands on the
handcuff at the suspects’ left wrist. Suspects’ face is now lifted above the bend in his elbow and a black mark is in view on suspects’
right cheek. Sgt. B. Seekatz looking over his right shoulder downward and back toward the suspect. Officer Chadwick begins looking
to right and backs away.
04:18:57—All; NHP and HPD Officers, are struggling with suspect. Sgt. B. Seekatz looking back to suspect as he goes to left side and
toward the front of suspects’ vehicle. Officer Chadwick is out of camera view.
04:19:01—Sgt. Bandiero (audio) states ‘have him in custody.’ In car video depicts NHP and HPD Officers still struggling to control
suspect. Suspects’ left arm is bent at elbow and forward of suspect head while Trooper Cass is grabbing handcuff. Officer Shipp is
bending suspect arm to small of suspect back. Officer VanBeveren is rising up to a standing position. Officer Lynaugh is on his knee

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at suspects’ right side (rib area). Sgt. Bandiero is at suspects’ feet. Sgt. B. Seekatz is behind Sgt. Bandiero and is looking down.
04:19:03—Sgt. B. Seekatz is putting radio in holder and walking to right side of suspect. Sgt. Bandiero is at suspects’ feet. Officer
VanBeveren is in a semi kneeling position. Unable to determine Officer Lynaugh actions. Officer Shipp is grabbing suspects’ right
arm. Trooper Cass has suspects’ left arm in a goose neck using both Trooper Cass’ hands.
04:19:09—Trooper Cass gets suspects’ left arm to suspects’ small of back. Suspect looking to his right with his face on asphalt.
Officer Shipp has his back to camera view. Unable to determine Officer Lynaugh actions. Officer VanBeveren is in a semi kneeling
position. Sgt. Bandiero is at suspects’ feet.
04:19:11—Sgt. B. Seekatz walking while looking down at suspect and moving to the front of the suspect.
04:19:13—Sgt. B. Seekatz is at suspect head area looking down with both of his hands at his hips.
04:19:14—Trooper Cass and HPD Officers begin to stand as suspect is handcuffed with his face looking to suspects’ right side.
04:19:20—Sgt. Bandiero tells Trooper Cass ‘I got it, I got it, worry about him’
04:19:26—Sgt. B. Seekatz turns away from looking at suspect with his right hand in pocket while looking at the ground. Sgt. B.
Seekatz turns completely around to look at suspect.
04:19:36—Sgt. B. Seekatz walks toward suspect while looking down at suspect while other officers begin a search/pat down of
suspect.
04:19:51—Sgt. Bandiero requests ‘roll me a 51’ (tow?). Officer Lynaugh is searching suspect while Sgt. B. Seekatz looks on. Trooper
Cass is explaining where he first observed suspect vehicle.
04:20:02—Sgt. B. Seekatz walks out of view of in car video.
04:20:09—Sgt. Bandiero asks if ‘anybody hurt.’
The provided NHP certified copy of in car video has two additional videos of unit 705 and 494 (unknown officer names)
responding to this incident. These videos provide no useful information for this report. End of in car video.
Interview of Sgt. Brett Seekatz:
On 12/23/10 I interviewed Sgt. B. Seekatz regarding the allegations of unreasonable and or unlawful force. Sgt. B. Seekatz was
present with his representatives of choice, Attorney S. Don Bennion and Labor Representative Thomas Chiello. This interview took
place in the Internal Affairs Conference Room at 203 S. Water Street, Suite 200.
Sgt. B. Seekatz stated that he had a ride along, Officer Hollie Chadwick, who was driving his assigned marked patrol unit on the
morning of 10/29/10 and that he was driving to Emerald Island to see what may be keeping units there for so long. Sgt. B. Seekatz
states that he heard Officer Shipp call out that NHP was in pursuit of a vehicle coming into our jurisdiction onto Lake Mead around the
area of the Fiesta. Sgt. B. Seekatz states he believes Officer Shipp stated he wasn’t in pursuit but trying to turn around to get with the
vehicle. Sgt. B. Seekatz states he proceeded to the vicinity of the Victory area near Lake Mead, and doesn’t remember if there was a
discussion or if he thought it but believed he should shoot up Victory depending on how far the vehicle may come down. Sgt. B.
Seekatz states Officer Shipp then called the vehicle was yielding just past VanWagenen and he felt the vehicle may stop just past the
boat shop which caused him to be a little nervous not knowing what this individual may do, immediately called out the vehicle is taking
off again. Sgt. B. Seekatz states they pull up to Lake Mead at Water and he didn’t see Officer Shipp but saw the suspect vehicle
followed by a cruiser and it wasn’t overly fast, but he saw another NHP cruiser coming code three which he visually estimated was
traveling 100-110 miles an hour, not in the travel lane, but almost to the shoulder. Sgt. B. Seekatz states that someone called out the
vehicle had yielded at Boulder and Lake Mead, that he was real quick calling out what they needed to do, felony car stop, and that the
scene is chaotic, his senses are heightened because of the pursuit, and thinking it must be pretty serious, the pursuit going on and the
other trooper doing over 100 miles an hour, driving recklessly, with him thinking this is really, really serious, something bad is going on.
Sgt. B. Seekatz states he has a really good memory but some of it is so stressful there are gaps, and there are little snippets of things
just spatially, and he sees two troopers charge the car with one of them kicking on the driver side kicking the windshield, thinks it was
the Sergeant, with the sergeant screaming and yelling and they are in a crossfire situation and Sgt. B. Seekatz thinks in his mind that
this guy just killed somebody. Sgt. B. Seekatz states as he gets out of the car that he doesn’t remember how it happened but the
trooper on the passenger side got to the driver side of the vehicle but he remembers seeing the door open and the blue handcuffs the
trooper has (indicating the dark blue color referencing the similar dark blue color of his cell phone cover). Sgt. B. Seekatz remembers

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some type of command to the trooper to cuff him and sees him go forward, getting pulled in and then come back out of the vehicle and
he now sees three of his guys involved and he doesn’t know how and he knows it was so dynamic and fast that he knows now (but at
the time he did not) that it was Officer Lynaugh who pulled the suspect out of the car. Sgt. B. Seekatz states that when that happened
he literally thought someone was going to get killed, either somebody is going to have to kill this man or he is going to kill somebody
else because it was so dynamic, so crazy and when he saw how big this man was he was in awe and actually couldn’t move at first
and had to suck in his diaphragm and force himself to stand straight and force himself to walk. Sgt. B. Seekatz states that the whole
time the suspect was twisting, was pulling, and he saw one of the officers was doing knee strikes to him like you would be kicking a
carpet, and everybody was yelling at him and he saw Officer Shipp holding onto his arm, appeared to be ineffective, holding on to him,
and Officer Shipp is the only one he recognized at one point cause he looked into his eyes and he felt like he was saying ‘help me.’
Sgt. B. Seekatz said Officer Shipp didn’t say it, but Sgt. B. Seekatz felt he said it to him. Sgt. B. Seekatz says he walked up and kicked
the guy, he knows now and after the fact he kicked him in the face because of the boot marks. Sgt. B. Seekatz says he didn’t
specifically target his face, but believe he did it with his left foot, because he was not trying to do power kicks, just little snap kicks, I
kicked him, I don’t know, four or five times, it seemed kind of ineffective but at the same time that I did it, he came, they was taken into
control and placed into handcuffs. Sgt. B. Seekatz says he knows there is a certain line where everybody stopped is when the
sergeant, the NHP Sergeant, like, kind of like a rodeo is the best way to describe it, like kind of a calf roping tie, when he went into
cuffs, everybody kind of went like this, the sergeant said you ok, you ok, everybody ok, it was like a check, to make sure everybody
was ok. Sgt. B. Seekatz says he tried to compose himself because he was literally so freaked out from what had just happened, kind
of walked away to compose himself, and again make sure that behind us everything was ok, and put himself back in a supervisor role
instead of being involved in this, and shortly after that found out what they were pursuing him for. Sgt. B. Seekatz says it was all he
could do to not throw up, literally Sgt. B. Seekatz says he wanted to throw up when he found out what it was over, thinking that he had
hit a Trooper on the side of the road or killed somebody, not knowing what the charges was or suspicion was, was appalling to him,
that anybody would do what he saw happen over that and he states he was literally physically ill for three nights having bad dreams
about it. Sgt. B. Seekatz stated he says to the NHP Sergeant that you drive 110 miles an hour for no headlights and the sergeant says
no, it was 120.
I asked Sgt. B. Seekatz if he received any notification from HPD Dispatch advising of a request from NHP Dispatch for HPD assistance
during this incident and he stated that it happened so fast that nothing was reported over the air but he later found out that NHP asked
for help.
I then showed Sgt. B. Seekatz the video depicting his leg strikes (kicks) and asked him what type of compliance technique did he use
and what level of response would that have been with him stating strikes and level three; hands, fist, feet. I asked what prompted him
to use that force and he stated that there were five officers fighting with the suspect and he was still not stopping. Sgt. B. Seekatz
stated that Training taught him this technique and he was most recently trained in November or December of last year and that kicking
people is the same as a punch and that training taught him to kick to the head, 100% positive. I asked him specifically if Training
taught him to strike people in the head and he stated absolutely 100% positive. Sgt. B. Seekatz stated that he did not intentionally; he
knows he kicked towards his head, and knows he later kicked his head, but he states it was not his intention, but he knows it is a green
zone. I was showing Sgt. B. Seekatz a Monadnock Baton Chart with the color coded zones depicting the head area as a red zone and
he emphasized that the last time he was trained, and he is 100% positive, that the head can be kicked. Sgt. B. Seekatz continued to
state his experience as a DT/Use of Force Instructor and his discussion with Officer Gillis about why a person would get down and fight
with someone when you can punch and you can kick, and why not end it fast, why not use hard parts to soft parts. Sgt. B. Seekatz
stated that when he was in Internal Affairs that Sgt. Poinier sent him to a training symposium and teach use of force to the department
on things, and one of the things he wanted him to get across to the department was that the head and diaphragm, especially both, with
hands, fist, and feet are not red zones, because people fixate on the Monadnock target zones. I told him that level three on the range
of responses doesn’t say anything about feet. I then asked him to explain why he feels that use of force he applied was necessary at
that time. Sgt. B. Seekatz stated that it seemed like a severe crime at the time, and for us to pursue like that, it would be a felony, a
violent crime, and he saw a trooper sergeant acting out of norm, run up and kicking a window, and opening a door. Sgt. B. Seekatz
continued by stating the video looked really slow to him and it was so fast and that was stressful to him and the video seems like it is in
slow motion. Sgt. B. Seekatz stated that he could remember forcing himself to walk, forcing himself to get up there, and not even
remembering walking around, but only turning around and walking back, and he didn’t even remember it was Officer Lynaugh until
afterwards. Sgt. B. Seekatz stated that there was only one target for him to hit, and why would he get down on his hands and knees

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and punch the guy when he can kick the guy, standing there, and that was the only target there, and he wanted to end it fast and
decisively. Sgt. B. Seekatz continued by stating he didn’t want it to be five guys pummeling this guy and wrestling with him for five
minutes, an officer getting hurt or suspect getting hurt, with him and Officer Chadwick just standing there watching, he just wanted it to
end and get over with and this guy taken into custody. Sgt. B. Seekatz then described the suspect as being large, six foot nine, and
believed to be 290 pounds. I then asked Sgt. B. Seekatz if he felt the officers were effective and he stated the five officers were not
effective in doing their job and was not stopping. I asked him about the reason he made the statement of ‘stop resisting mother fucker’
and he stated the stop resisting is from training, and the profanity part he doesn’t know why it came out, making no excuse for it. Sgt.
B. Seekatz stated that he felt the force he used was necessary and after knowing what it was for made him sick and he had bad
dreams and literally lost sleep over it. Sgt. B. Seekatz continued by stating he felt bad for this man because he was one of the nicest
men he had met, and he felt horrible, because he had to use force on somebody that was a nice person, and it literally tore him up.
Sgt. B. Seekatz stated that, not because he did anything wrong, but because of the circumstances he thought he was going to have to
kill this man. Sgt. B. Seekatz stated that he knew what was found in the suspect’s possession (insulin) and knew that NHP had
searched and found Loritab medication which, upon talking with the suspect, found that it was used for spot headaches the suspect
experienced and, if he used it he would stay at a location until his wife could pick him up, while apologizing to Sgt. B. Seekatz. Sgt. B.
Seekatz did state that while he was apologizing to the individual he did get some wipes to get the boot polish off of his face. Sgt. B.
Seekatz stated that no mention was made of the medications taken from the suspect vehicle in our report because he was taking an
info report not a criminal and he didn’t want to implicate NHP in an unlawful search, so he left that out of his report. I asked Sgt. B.
Seekatz why now, did he rationalize these facts about opiates and illegal drugs when it wasn’t mentioned in any report. Sgt. B.
Seekatz said he just left that out of it. Sgt. Seekatz did state that there was nothing to criminally charge this individual with as he was
not under the influence of any medication and he was a good person which would have added insult to injury if there was any charge
which he discussed with the NHP Sergeant. Sgt. B. Seekatz stated he didn’t understand what my question was but then stated he
wasn’t trying to implicate them (NHP) with anything and was just trying to minimize things and it wasn’t important. I asked Sgt. B.
Seekatz to explain about what he gave the individual to wipe off his face after he got out of the ambulance. Sgt. B. Seekatz stated he
asked Officer Shipp to get a wipe to clean his face. I stated to Sgt. B. Seekatz that no report indicates what happened after the
individual was released from the ambulance and he stated the individual drove away. Sgt. B. Seekatz stated the individual was a
completely different person after the paramedics gave him some sugar water. Sgt. B. Seekatz stated he explained to the individual
that he was taking a report and provided him the number of HPD reports for documentation. I asked Sgt. B. Seekatz if he felt the use
of force he utilized would have been used by another officer/supervisor, given the same experience as he has, would have used the
same force to deescalate the situation. Sgt. B. Seekatz states yes, that he believes they would have, and probably would have used
more, and it could have gotten worse if they did not have the same experience as him, and could have gone longer and not have been
as decisive. Sgt. B. Seekatz states he doesn’t know what he did wrong other than the profanity and that it doesn’t look good and the
red zone doesn’t look good, but in his mind it isn’t a red zone and he has been trained that it isn’t a red zone, and he knows it doesn’t
say feet specifically, but he knows that’s how they are trained, hard parts to soft parts, and why use your hands when you can use your
feet.
I asked Sgt. B. Seekatz if he discussed or do a debrief of this incident with anyone and he stated that he did discuss it with Sgt.
Russo’s briefing after the incident occurred and advised he did discuss it around to anybody and everybody, just to be careful and what
they had found out later and how shocking it was. Sgt. B. Seekatz said it happened so fast and it was so congested that he couldn’t
use anything else on his belt.
Interview of Officer Francis Shipp:
On 12/30/10 at 0522 hours I interviewed Officer Francis Shipp as a witness reference the incident occurring on 10/29/10 and the
allegation of unreasonable/unlawful force. Officer Shipp declined representation. Officer Shipp stated that he was following an NHP
marked unit who was pursuing somebody and that he wasn’t in pursuit, only that he was following in the event the trooper needed
assistance. Officer Shipp stated that the NHP Trooper had only emergency lights activated and no siren. Officer Shipp stated that he
was not advised of any request for assistance via Henderson Dispatch from NHP and he had activated his emergency lights as he was
following the NHP unit following the vehicle which was not yielding to the emergency lights. Officer Shipp stated that while east bound
on Lake Mead and near Water Street another NHP marked unit passed him at a high rate of speed with both trooper units coming to a
stop behind the fail to yield vehicle at the intersection of east bound Lake Mead and Boulder Highway. Officer Shipp stated the first
person he saw approach the car was an NHP Sergeant was on the driver side of the fail to yield vehicle and apparently giving

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commands to the driver, although he couldn’t remember the commands he does remember the Sergeant having his weapon drawn
and kick at the door. Officer Shipp stated he was a little confused as to why the Sergeant was kicking the door—to keep it shut, and
how is he going to get out, or if he was kicking the window which was too low. Officer Shipp stated another Henderson Police Officer
showed up and he took the passenger side because no one was on the right side viewing the suspect’s movements. Officer Shipp
states that the door was opened by someone (HPD or NHP—he is not sure who) but commands were being given but the driver is not
making any moves to get out of the vehicle and the driver is pulled out of the car and the car starts moving and he believes Officer
Lynaugh jumped in to stop the car. Officer Shipp stated the driver is then on the ground and three people move in to secure the guy
and the suspect came out of the car not fighting, but like he wasn’t going to comply, passive resistant, they had to drag him out of the
car. Officer Shipp stated the suspect was on the ground face down with his hands in a push up position and he believed the suspect
would have been handcuffed at this point but they are having a hard time handcuffing him. Officer Shipp stated he grabbed the
suspect’s right hand and it doesn’t move so he grabs it with both hands and actually down on both knew with both hands on his right
arm. Officer Shipp stated he was a strong individual and the point that he grabbed his arm that became his world and it wasn’t easy to
take his arm around behind his back taking substantial effort on his behalf. Officer Shipp stated that his approach to the suspect was
that he felt he would have already been in handcuffs but his arm was much more difficult to move and he was trying to keep his hands
up in front of him and it wasn’t NHP’s fault, he just didn’t want to go into handcuffs. Officer Shipp stated that his primary focus became
just moving the arm to the small of the back, and once he was secured in cuffs he then became aware of other officers presence.
Officer Shipp stated that he and another officer began the search of the suspect which ultimately found the insulin. I then asked Officer
Shipp about the use of his baton or other tools available and he stated that the other officers were already hands on and once he
engaged his arm with his hands, one hand and two hands wasn’t enough, he couldn’t let go, and did state that other tools would have
been difficult because of there were already three officers on top of him. I asked Officer Shipp if he felt that the force used was
appropriate, necessary, and reasonable to take that suspect into custody. Officer Shipp stated that he absolutely believes that it was
the minimum amount of force necessary to put this suspect into custody and he was surprised at how strong he was. Officer Shipp
stated he thought he would have been in handcuffs fast and his error became apparent immediately upon grabbing him. Officer Shipp
stated that the suspect’s physical stature came into focus when he stood up and he saw that Officer VanBeveren was looking up at
him. Officer Shipp stated he is at least 6’2 and Officer VanBeveren is at least 6’4 and indicated that he was looking up at the suspect.
Officer Shipp stated that Henderson Paramedics showed up to treat the suspect in the back of the ambulance and apparently
responded well enough that they felt they didn’t have to transport him and then he was released and ultimately allowed to leave in his
vehicle. Officer Shipp states he saw Sgt. B. Seekatz talk with the suspect but he wasn’t close enough to hear what he was saying and
he talked with the NHP Trooper to get the information for our report which he completed. Officer Shipp couldn’t recall if he took the
pictures in HPD report and he stated that the suspect seemed like he was alright but very tired someone who just got up from a deep
sleep, definitely cooperative when he came out of the ambulance. Officer Shipp stated it was Sgt. B. Seekatz decision to allow the
individual to leave as NHP was not going to do anything, and any violations that did occur in our jurisdiction didn’t need to be
addressed. Officer Shipp stated that he doesn’t remember seeing Officer VanBeveren, Sgt. B. Seekatz, and Officer Chadwick until he
stood up, after the suspect was in handcuffs, and it took everything that happened and every person that was there, to actually put this
individual into handcuffs, the video does not explain how difficult it was for him (Officer Shipp) to simply move one arm.
Interview of Officer Seth VanBeveren:
On 12/30/10 at 0623 hours I interviewed Officer Seth VanBeveren as a witness reference the incident occurring on 10/29/10 and the
allegation of unreasonable/unlawful force. Present with Officer VanBeveren was Labor Representative Norman Holliday and Richard
McCann. Officer VanBeveren stated that he was coming from the station and went down Water Street to Lake Mead and stated there
were two NHP units which stopped behind the suspect vehicle. Officer VanBeveren stated he didn’t know why they were there or why
they were pursuing but he felt it was a pretty intense like some sort of major crime that they were treating it. Officer VanBeveren
continues describing the actions of the NHP Sergeant applying strikes to the suspect vehicle door. Officer VanBeveren stated that the
driver was non compliant to anything that he was being told which added to the situation that was going on and he observed Officer
Lynaugh pull the driver out of the vehicle and Officer Lynaugh jumping in to stop the vehicle. Officer VanBeveren said the suspect was
a big, thick, heavy set guy, and he remembers working on the guys arm and he wasn’t going down and he does remember giving two
knee strikes to the individual’s side. Officer VanBeveren stated that leading up to this incident he does not recall any information being
advised over the air of NHP’s request for assistance. Officer VanBeveren stated he felt it took a minute or two for the incident to get
under control and initially he felt the guy was just being non compliant and when he was physically taken out of the vehicle he was

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actively resisting, trying to push up as they were trying to get him to stay down and compliant. Officer VanBeveren stated he was
focused on his task but remembers Officer Lynaugh pulled him out of the vehicle, knowing he was there, and Officer Shipp was there
but he doesn’t know what anybody else did. I asked Office VanBeveren if he felt that his strikes were appropriate and effective with
him stating that appropriate—yes, effective—no. Officer VanBeveren stated he is 6’6 and weighs about 260 completely equipped as
on patrol while giving a comparison of his size to the suspect. Officer VanBeveren stated he didn’t pull his weapon out as he
approached the suspect vehicle. Officer VanBeveren stated there was active resistance and he did have to exert extra force to
overcome this and stated that he did not feel the use of any other tools on his belt would have been appropriate to use. Officer
VanBeveren stated it sucks that it occurred the way it did but had they not been there to help it may have turned out worse with just
two NHP Officers there.
Interview of Officer Douglas Lynaugh:
On 12/30/10 at 0715 hours I interviewed Officer Douglas Lynaugh as a witness reference the incident occurring on 10/29/10 and the
allegation of unreasonable/unlawful force. Present with Officer Lynaugh was Labor Representative Norman Holliday and Richard
McCann. Officer Lynaugh stated that he was near the El Dorado on Water Street when he heard the call and proceeded to the area of
Water and Lake Mead stating that he was about the third vehicle on scene with Sgt. B. Seekatz and Officer Chadwick in a vehicle
behind him. Officer Lynaugh stated he saw the Troopers at the vehicle with one on each side of the vehicle, while hearing commands
being given by the Troopers to the driver to open the door, roll down the window, open the door, and the Trooper on the passenger
side went around, opened the door and placed a handcuff on the driver’s left wrist, seeing the driver pull his arm back into the vehicle
two times and then Officer Lynaugh grabbed the driver by the shirt collar and pulled him out. Officer Lynaugh stated that when he did
this the vehicle began moving forward and he reached in to stop the vehicle and when he turned back around the driver was on all
fours and Officer Shipp was trying to gain control of the driver’s right arm. Officer Lynaugh stated one Trooper was on the left side
holding on to a handcuff which was on the driver’s left wrist which was still at the side of the driver and he was trying to tuck his right
arm under his body. Officer Lynaugh stated he could not grab a hold of his arm so he gave the driver two to three knee strikes to his
right side mid-section/ribs, right above his hips and after that the driver didn’t want to give up and wasn’t fighting as much and he and
Officer Shipp then both pulled the hand to the small of the back and the Trooper then put the other handcuff on. Officer Lynaugh
stated that he patted the driver down and found two syringes and two glass vials with a clear liquid in them and the driver was stood up
and looked, smelled like he was drunk, disoriented and medical was called. Officer Lynaugh said medical showed up and stated his
blood sugar level was extremely low and he believes they treated him with glucose and right afterwards was immediately fine. I asked
Officer Lynaugh if he heard any request for assistance from HPD Dispatch being requested from NHP and he stated no. Officer
Lynaugh stated the entire incident after actively involved took less than a minute and describes the physical characteristics of the driver
as extremely large and extremely strong as well; he wasn’t giving up until we actually had him in cuffs. Officer Lynaugh described his
personal physical characteristics as 6’ 195 pounds plus uniform and equipment as a comparison to the driver who is about 6’9 around
270, not obese just a large man. Officer Lynaugh stated that the driver was not responding to any commands and he believes that the
force he used was necessary and effective after the second or third one they were able to put him in handcuffs along with what the
other officers was doing. Officer Lynaugh does not remember if the driver left the scene of his own accord.
Interview of Investigator Hollie Chadwick:
On 1/3/11 at 1040 hours I interviewed Investigator Hollie Chadwick as a witness reference the incident occurring on 10/29/10 and the
allegation of unreasonable/unlawful force. Investigator Chadwick declined representation. Investigator Chadwick stated she was riding
along with Sgt. B. Seekatz during the morning of this incident and she was the driver of the vehicle they were using. Investigator
Chadwick stated she was at Emerald Island when Officer Shipp made the announcement of NHP following a vehicle and she then
proceeded to Water and Lake Mead where she observed the vehicles pass going towards Boulder Highway. Investigator Chadwick
stated she requested a code red and then blocked a lane on Lake Mead and she remembers seeing the NHP Officers charging the
vehicle with their guns drawn and a lot of yelling thinks it is a fleeing felon situation. Investigator Chadwick states she remembers
seeing the driver struggle and one of his hands up by his face and he was yelling and there was nowhere for her to go to get in the
struggle so she stood back to keep the situation as safe as she could and to downgrade other units arriving. Investigator Chadwick
states at some point in time she saw Sgt. B. Seekatz go up to assist them and quickly after that he was put into handcuffs and then she
called out on the radio that they were code four. Investigator Chadwick states she did not recall hearing any announcement over the
radio other than Officer Shipp indicating NHP’s attempt to pull over a vehicle. Investigator Chadwick states that she believes that she
truly believes that they saved a life that night, whether it was the driver or the NHP Officers or an innocent individual who may have

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been struck by his driving. Investigator Chadwick states that the driver was a very large individual and that those individuals that were
on top of him were trying to gain control but it didn’t seem very effective right away and when Sgt. B. Seekatz stepped in and assisted it
seemed like fairly quickly they were able to get control of his hands and put him into handcuffs. Investigator Chadwick added by
stating that there was no place for her to assist other than by using deadly force if it got so bad as there was nowhere for her to go
unless she jumped on top of another officer.
Interview of Training Officer Michael Gillis:
On 12/29/10 at 1315 hours I interviewed Training Officer Michael Gillis as a witness/training officer reference the incident occurring on
10/29/10 and the allegation of unreasonable/unlawful force. Present with Training Officer Gillis was Representative Brian Dunaway.
Officer Gillis stated he has been trained as a Defensive Tactics instructor and has had extensive training as early as his third year in
Patrol and he currently has seventeen and half years experience with the Henderson Police Department, he also continued to
elaborate on and where he received his training during his career. Officer Gillis currently works in the Training Bureau as a Defensive
Tactics Instructor and has done so for approximately the last three years most recently with PATC in March 2010 at Palace Station in
Las Vegas. I asked him if there was a requirement for recertification to maintain currency in Defensive Tactics and he stated he
believed it was on a national basis but not a requirement of Nevada POST but he trains in excess of 100 hours a year on Defensive
Tactics and Use of Force. I asked Officer Gillis if he has had occasion to train Sgt. B. Seekatz and his squad in Defensive Tactics and
he stated that he has. Officer Gillis continued by providing a brief outline of the lesson plans used to teach officers which covers use of
force, policy, case law, and how it would apply to the Fourth Amendment and how it would apply to the standard of objectionable
reasonableness, stating that is how we govern everything as it applies to the use of force. (Review of the Defensive Tactics/Use of
Force lesson plan indicates this to be Standard of Objective Reasonableness). Officer Gillis states that this two hour presentation has
the officers involved with different examples of case law and its application to the Objective Reasonableness Standard and afterward
they spend approximately seven hours with practical application of hands on where they cover strikes, take downs, baton, and
weaponless defense, weapon take away, ground defense (how to get away from people trained in martial arts) to name a few. I asked
Officer Gillis about our Use of Force Policy and the lack of our policy saying anything about feet or kicking and if it should be at the
Level Three and he explained that they do teach kicks and strikes under personal weapons or empty hands and means you are hitting
or striking somebody in a compliance technique without an object or instrument in your hand and would be under temporary
incapacitation. Restraint and control area is grabbing somebody using your hands but applying them into a mechanical restraint with
your hands, an arm bar, a take down to the ground and manipulation of joint control to get them into handcuffing which also
encompasses pepper spray, taser, and handcuffing. I asked Officer Gillis where kicking may be in the use of force and he stated that
typically what is taught nationwide is that if the violator does something to you, you can always raise you level of force one higher than
the violator, which means, do we fight dirty? Yes, Police Officers aren’t paid to fight on the same level and can use a force to
incapacitate the violator to gain compliance. Officer Gillis stated the strikes are thrown into the temporary incapacitation section and
additional strikes may be a distract technique to get further control. Officer Gillis stated a compliance strike is temporary incapacitation
(level 5 cause there is no level 4 for patrol) and if he does a compliance strike he is throwing three strikes such as a left, right, and a
kick, because open hand tactics are hand, feet, fist, or elbow, then hesitate, deescalate, and evaluate and see if the individual follows
commands. Officer Gillis stated Level Three empty hands is just putting hands on you, and anything more than putting hands on you
and putting you in handcuffs, is Level Five empty hands strikes and requires the documentation with a Blue Team. Officer Gillis did
state that the kicks taught in Defensive Tactics are taught to be more forceful and decisive to end the conflict as quickly as possible
and to go to a lower level of force once control is gained; hit them as hard as you can and as fast as you can, even with a baton and
punches and strikes. I asked Officer Gillis if there was a chart that indicated the head area was a red zone that precluded the use of
strikes; empty hands meaning hands, fists, feet, knees and he stated he was not aware of any chart that indicated such.
Interview of Lt. Robert McCorkle:
On 1/10/11 at 1052 hours I interviewed Lt. Robert McCorkle as a witness/training bureau supervisor reference the incident occurring on
10/29/10 and the allegation of unreasonable/unlawful force. I asked Lt. McCorkle to describe his experience with Defensive Tactics
and how his expertise may apply. Lt. McCorkle stated he helped put together the most recent defensive tactics program which is
taught at the Southern Desert Regional Police Academy as well as our Police Department and is involved in the co-instruct, writing,
and updating of lesson plans. Lt. McCorkle stated that they teach “shorter is better”, finish it, get it over with as soon as possible,
which coincides with the defensive tactics training communities that “time equals brutality” , the longer something goes on the more
people perceive it as a brutal activity. Lt. McCorkle stated that they teach officers to use the appropriate techniques, analyze the

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situation, and get it over with and get the person into custody and into control which is the basics of their defensive tactics program. I
asked him if kicks were taught as a means of striking and he stated yes, that they teach the use of all areas of the body to be used as a
use of force and feet are taught as a means to use as an impact tool. Lt. McCorkle stated they teach strikes to the head and that they,
and no defensive tactic groups consider the head a red zone for anything but metal impact tools. Lt. McCorkle stated that the last two
to three years they have been teaching officers to constantly analyze quickly how that use of force is working in a situation, and if it
isn’t working, to end the situation as quickly as they can to get the subject into custody, and avoid long term injury, not only for the
officer but the subject also. Lt. McCorkle restated that officers are taught to keep the emotion out of it by using the force, analyzing the
situation, deciding what to do next which is a decision making model process that the defensive tactics training communities are
instructing today. Lt. McCorkle stated that within the last three years the department has been training officers to forget old habits that
were taught and were ineffective such as shark bites and pressure points which didn’t end the situation, and were going back to gross
motor movements with the focus being to use the force, analyze, and decide what to do next by ending the situation quickly. Lt.
McCorkle described the types of kicks being taught and stated that a snap kick is a kick from the knee and is an appropriate response
to the face region depending upon the situation at the time and what the officer may perceive at the time. Lt. McCorkle did state that a
power kick may be a kick that utilizes the force generated from the hip region when applied and is much more effective than a snap
kick. Lt. McCorkle stated a strike used to get someone to stop resisting is an appropriate use of force to get an individual to comply
and put their arm behind their back.
Interview of NHP Trooper Rich Parker:
On 1/24/11 at 0929 hours I interviewed NHP Trooper Rich Parker as a witness reference the incident occurring on 10/29/10. NHP
Trooper Parker stated he arrived after the incident and the suspect was standing in front of an NHP vehicle while in handcuffs. Trooper
Parker stated that he remembers an HPD Sergeant, later found out to be Sgt. B. Seekatz, ask not specifically him or Trooper Cass if all
NHP Vehicles have camera and they stated yes, we have cameras and microphones. Trooper Parker stated the HPD Sergeant stated
“that’s great, your gonna have me on camera kicking this guys ass.” Trooper Parker stated that he moved the suspect’s vehicle to the
side of the road way and had a brief conversation with the suspect when he was released from scene and stated that even his
conversation was extremely brief and in passing. Trooper Parker stated that the suspect was upset and apologetic to the officers on
scene because he felt that he had caused an inconvenience and embarrassment for his actions. Trooper Parker stated HPD Sgt. B.
Seekatz was speaking with the suspect apologizing and advising him that he would make sure he would be provided information about
the police report numbers.
Interview of NHP Trooper John Cass:
On 2/4/11 at 0807 hours I interviewed NHP Trooper John Cass as a witness reference the incident occurring on 10/29/10. NHP
Trooper Cass stated he observed the suspect vehicle and began to follow it in an attempt to get him to yield which he did at Lake Mead
and Boulder Highway. Trooper Cass stated he observed someone kicking the suspect in the head and using profanity. Trooper Cass
stated he had no idea about the driver and his initial approach was that he was in a much heightened state of awareness and didn’t
know what he has and especially with a Sergeant on the other side of the car with his gun drawn. Trooper Cass said at the time the
suspect didn’t seem like he was obeying instructions and didn’t know if it was drugs or what was going on. I asked Trooper Cass if he
felt the suspect was aggressive and he stated he felt the Henderson Officers who were on his arm were struggling with him to get his
arm turned around but not him when it came to his arm, no he didn’t really have a struggle at all, but thinks they were struggling to get
it around and cuff them. I asked Trooper Cass if he was aware of how many Henderson Police Officers were present and he stated he
wasn’t aware but did state he saw the kicks but wasn’t aware who did it at the time. I asked him if he observed any activity on the part
of the Henderson Police Department Officers and Supervisors that caused him any concern and he stated that the fact that there was
multiple people on top of the individual and inappropriate what is considered deadly force the head and neck area when somebody is
already on the ground. I asked Trooper Cass why he took photos of the suspect and he stated markings on his face and had been
taken to the ground and because the fact that force was used even though he doesn’t consider what he did so much as use force as
they didn’t create injury and he took them just for his agency and he took photos on the right side of his face no damage.
Interview of NHP Sergeant Anthony Bandiero:
On 2/4/11 at 1305 hours I interviewed NHP Sergeant Anthony Bandiero as a witness reference the incident occurring on 10/29/10.
Sgt. Bandiero stated NHP Dispatch advised of a reckless/possible DUI driver who was being followed by another driver. Sgt. Bandiero
stated he heard that NHP Trooper Cass was standing by awaiting the vehicle to pass his location. Sgt. Bandiero advised Trooper
Cass called out the pursuit and he met up with Trooper Cass and the suspect vehicle at the vicinity of VanWagenen and eventually

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stopped at Lake Mead and Boulder Highway. Sgt. Bandiero states he yelled at the driver to show his hands without getting a response
and he states he kicks the window to get the drivers attention and advises Trooper Cass to come around to his side to put the suspect
into a wrist lock. Sgt. Bandiero stated the suspect was taken out and was very big person, weight and height wise and not responsive
and didn’t verbalize anything, exhibiting high signs of intoxication. Sgt. Bandiero stated he took the suspects feet and other Officers
were assisting eventually getting the suspect into handcuffs. Sgt. Bandiero stated he saw something on the ground which looked like a
medical vial and a packaged needle which was insulin and stated that it totally transferred from an arrest into a medical call and called
for medical assistance through his dispatch. Sgt. Bandiero stated he interviewed the suspect who was slow for speech and responsive
but did state he was a diabetic. Sgt. Bandiero stated there were two Sergeants on scene, one Sgt. B. Seekatz (described) and another
Sergeant who has lighter hair in addition to other officers and a female officer. Sgt. Bandiero stated Sgt. Seekatz asked Trooper Shook
about the camera and first he thought he was just interested in it and Shook showed him the camera saying all of our stuff is recorded
as they were talking back and forth. Sgt. Bandiero directed that the suspect be uncuffed for medical attention and Sgt. Seekatz stated
they were going to take him in for DUI which shocked Sgt. Bandiero and advised that they did not have evidence that he was DUI and
Sgt. Seekatz stated they were going to take it. Sgt. Bandiero felt that it was because of the use of force and later advised that they
were not going to take the suspect. Sgt. Bandiero stated Trooper Cass came to him and asked if Sgt. Bandiero saw the Sergeant kick
him in the head and was cursing him (the suspect). Sgt. Bandiero stated that the suspect came out of the ambulance and was a
totally different person and he did observe the marks on the suspects face which he thought was marks caused from the pavement
when he was pulled from the car. Sgt. Bandiero had a discussion with the suspect while telling him how dangerous it was for him to be
in this condition and that he has to make sure he is ok to drive because if you hurt somebody you will have to deal with that. Sgt.
Bandiero stated Sgt. Seekatz also spoke to the suspect indicating how serious the situation was. Sgt. Bandiero believed the suspect
was ok to drive and allowed him to do so after the incident and changed the incident in their CAD from a pursuit to a fail to yield and
classified as an officer report with link to our reports. Sgt. Bandiero believed the suspect to be passive resistive and not aggressive.
Sgt. Bandiero stated he knows there were two Henderson Police Sergeants on scene and were assisting as backup officers, get the
suspect out of the vehicle which was needed, cover and physically helping. I asked Sgt. Bandiero if he observed any activity on the
part of HPD Officers and or HPD Supervisors cause him any concern and he stated that Trooper Cass made his comment about the
kicking so he reviewed the video when he got home and the language was the biggest concern as he believes it was unprofessional
and the kicking he saw the suspect in a pushup position and not sure if he was justified on that but he would have questions on those
tactics continuing that he has seen things done that were justified but that he would not do. Sgt. Bandiero said his main concern was
the language. I asked Sgt. Bandiero if both HPD Sergeants were on scene at the same time and he thought they were there for the
duration of the incident.
Interview of NHP Trooper Hugh Shook:
On 2/7/11 at 0700 hours I interviewed NHP Trooper Hugh Shook as a witness reference the incident occurring on 10/29/10. NHP
Trooper Shook stated he arrived on scene after the suspect was in custody and when he exited his vehicle a Henderson Sergeant
walked up to him and asked if “all you guys have cameras in your cars?” and Trooper Shook answered yea and we have microphones
pointing to his microphone and the Sergeant said something to the effect that I just kicked that guy in the head, or I kicked that guy in
the face or what the hell, or something like that, and then the Sergeant left him. I asked Trooper Shook if any other Henderson Officers
asked him any other questions about the incident or cameras and he stated no.

Results of Investigation:
• Sgt. B. Seekatz states he kicks Green numerous times on the shoulder and chest; the video indicates rapid snap
kicks to the head area which could have possibly struck the shoulder area and then a disengagement of force by
Sgt. B. Seekatz.
• Sgt. B. Seekatz is the only individual reporting that NHP has video of this incident.
• The video shows intent of active resistance and the suspect having at least one hand/arm under his midsection up
to and after Sgt. Bandiero announced one in custody with officers attempting to gain control during the struggle.
• Sgt. B. Seekatz cursed at Adam Green by saying ‘Stop resisting mother fucker’ and admits to this language, was
apologetic for its use, and accepts responsibility for its use.

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• A second HPD Sergeant on scene, as suggested by Sgt. Bandiero’s interview, could not be verified.
• All peace officers must remember that their authority to use force is granted for the purpose of carrying out
legitimate law enforcement objectives in order to gain and maintain control. A violation of this authority is punishing
or getting even with a person for something that they have said or done which may have angered or offended the
officer.
• If officers on a scene determine that a particular level of force is justified, there are two key rules that must always
be followed.
A. The level and amount of force must be reasonable when attempting to accomplish your objective, which is
control under the circumstances.
B. Once your objective of control is achieved, you must deescalate to a level sufficient to maintain control.
• The United States Supreme Court stated “the calculus of objective reasonableness must embody allowance for the
fact that police officers are often forced to make split second judgment—in circumstances that are often tense,
uncertain and rapidly evolving—about the amount of force that is necessary in a particular situation.”
• The use of empty hand strikes and kicks in Defensive Tactics instruction is taught as a compliance technique under
temporary incapacitation with emphasis being placed upon using the appropriate techniques, analyzing the
situation, and deciding what to do next to end the situation quickly.

Internal Affairs Investigator: Lt. Jack Brooks

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

Date Division Commander / Administrator Signature

Comments of Reviewing Authority:

Discipline Recommended
No Discipline Recommended
Addendum Attached

Date Reviewing Authority Signature

Comments and Recommendations:

HPD 0076 City of Henderson, NV Revised: 12/22/2010

 HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DM-0301 PAGE 14 OF 14

CHIEF OF POLICE:

Set Pre-Disciplinary Hearing

Review Date Chief of Police Signature

No Discipline

Verbal Reprimand

Written Reprimand

Other Recommended Discipline:

Date Chief of Police Signature

HPD 0076 City of Henderson, NV Revised: 12/22/2010