Case # PC2009-039

HPD 0076

HENDERSON POLICE DEPARTMENT

INTERNAL AFFAIRS UNIT
ADMINISTRATIVE REPORT
REFER TO DM-0301

1. OFFICER’S NAME: Marc Cassell RANK: Lieutenant DIVISION: SEB

Rob Hart Sergeant SEB

2. DATE AND TIME OF OCCURRENCE: Between January 2008 – July 2009

3. DUTY STATUS: Full Time

4. OTHER PERSONS INVOLVED (including officers): Captains Wamsley and Green, Sgt. Burns,
Sgt. Denison, Sgt. Denning, Sgt. B. Seekatz, Officers: Boskovic, Bozarth, White, Corad, Dera,
Gower, T. Hastie, Insley, Leath, Lujan, Morrow, Pollard, Reed, Reimann, Simo, Stevens,
Trzaska, White and Weiner. Cinnamin Stephens.

5. SUMMARY OF FACTS CONCERNED:

It is alleged that supervisors failed to notify the Chain of Command when a Department issued
rifle went missing.

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

HENDERSON POLICE DEPARTMENT POLICY MANUAL

DM-0360.04: Department Issued Equipment-Reporting Damage

DM-0135.04: Administrative Reporting-SWAT inspection: Unusual occurrence,
equipment readiness.
DM-0303.03: Department Property
DM-0303.03: False or Incomplete Reports
DM-0303.03 Code of Conduct – Vehicles and Driving Care for Vehicles (notify
supervisor immediately of all losses).
DM-0303.03: Supervisors (Failure to investigate and report, failure to ensure proper care
of property and equipment).
DM-0361.04: Use of Department Vehicles, Parking Vehicles
DM-0361.11: Use of Department Vehicles, Weapons Storage
DM-0376.05: Equipment Issuance/Supply, Returned of issued Department Equipment
DM-0390.05: Line Inspections, Inventory of Department Property
DM-0390.09: Line inspections, Follow-up and corrective actions
DM-0700.15: Firearms, Firearm Storage

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6. INVESTIGATION:

There had been a concern amongst the Deputy Chiefs about the way that SWAT training was
going and obtained videos of the training from the past couple of SWAT schools. At the same
time it was revealed that a department issued SWAT M-4 machine gun was missing for an
indeterminate amount of time and the Chief and Deputy Chiefs were not made aware of it until
around 10/19/09.
On 10/21/09 Deputy Chief White expressed that he wanted to speak to Lt. Jack Brooks and
myself regarding these allegations so a recorded interview was established on the same day.
During the interview Chief White stated the following:
Deputy Chief White advised that recently he became aware of the fact that a fully automatic
rifle was missing from the department. Being that he was the Deputy Chief he felt that he
should have been made aware of this as well as Deputy Chief Averett and Chief Chambers.
Deputy Chief White attempted to find out who was aware that this rifle was missing and
received a response from Captain Green advising they were looking for a missing rifle, but
Deputy Chief White still wanted to know why he was not made aware of this. Deputy Chief
White discovered that the Detective Bureau had conducted a search warrant and that the rifle
may be actually missing for over a year. He requested that Internal Affairs open an
investigation to discover why this rifle was never reported, similar to other weapons and
badges that have gone missing, and why no one above the rank of Captain is aware of this
missing weapon. Deputy Chief White was concerned because elected officials need to be
made aware of this as well as the ATF since these weapons are registered through the
Federal Government.
In conversations with many unnamed officers, Deputy Chief White believes that the Chief’s
were purposely left out of being notified of the missing rifle for unknown reasons. He wanted
answers to these questions, he wanted to see what policies were violated, and he wanted to
know if top management was sequestered from this knowledge intentionally.

A series of questions were developed and the following Officers and Supervisors were notified
to respond to the Internal Affairs Bureau for interviews beginning on 10/22/09:

Captains Wamsley and Green, Lt. Cassell, Sgt. Hart, Sgt, Burns, Sgt. Denison, Sgt. Denning,
Sgt. B. Seekatz, Officers, Boskovic, Bozarth, White, Corad, Dera, Gillis, Gower, T. Hastie,
Insley, Leath, Lujan, Morrow, Pollard, Reed, Reimann, Simo, Stevens, Trzaska, and Weiner.
As well as Cinnamin Stephens and a confidential informant.

PC2009-038 (missing rifle)

After we met with Deputy Chief White, Lt. Brooks and I met with Sgt. B. Seekatz regarding the
missing rife. Sgt. Seekatz was the last person to ever have possession of the rifle based off of
range qualifying records. Sgt. Seekatz stated the following:
He described the weapon as a Colt M-4 Commando. The weapon was a .223, semi
auto/automatic weapon with a single point sight, surefire flashlight, and a distinctive green
sling. He recalled that he received the weapon from Lt. Hatch when he entered SWAT school
around June 2006. He was re-assigned to IAB on July 2007, but was allowed to stay on
SWAT as an alternate. He last qualified with the weapon in December 2007 (which has been
confirmed) and had to turn in the weapon and all of his SWAT gear to SWAT in January 2008.
Sgt. Seekatz specifically recalled that he turned in his gear at the off-site SWAT office. Officer
Lujan and Melchert as well as possibly Sgt. Denning (then Officer Denning) were present. He
specifically recalled a conversation with Officer Lujan about the sling and how dirty his weapon
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 was because he showed Officer Lujan the grease and dirt build up on it. He recalled two piles
of gear, his was the third. All three piles of gear were going to be used for the upcoming
SWAT school. Sgt. Seekatz stated there was no accountability or checklists for the gear he
turned in.
In the interviews with Officer Lujan, Melchert, and Sgt. Denning, Melchert and Sgt. Denning
don’t even recall being there and Officer Lujan advised he recalled the conversation but at no
time did he take possession of the weapon nor place it into the gun safe in the SWAT office.
To the best of anyone’s knowledge this is the last time this weapon was ever seen.

During the rest of the interviews with the rest of the team members several of the SWAT
members were tasked with various aspects of searching for the weapon and at no time were
they ever told to, “keep this quiet, “and many assumed people in the department were aware of
it. Lt. Cassell did initially tell the team, “we don’t need to make this a big rumor,” but no one
was instructed to keep this missing weapon confidential nor sequester it from the
administration.

The following time frame for the weapon is as follows:

1. The weapon was discovered missing around July 9, 2009 when the team was getting
the gear ready for the next SWAT school, which was scheduled to begin around July
21st, 2009. Initially it was believed that the weapon was just misplaced so Sgt. Hart
ordered all of the team members to search for the weapon at their homes, vehicles, as
well as make contact with all of the other past team members to see if they may have it.

2. After a couple of weeks of searching and exhausting all avenues with negative results,
Sgt. Hart advised Lt. Cassell that the weapon was missing, which was around July 22,
2009.

3. Within a, “few days,” of Sgt. Hart telling Lt. Cassell the weapon was missing, Lt. Cassell
explicitly stated he let both of the Captains know (Captain Wamsley and Captain Green)
that the weapon was missing. Captain Wamsley and Green were transitioning during
this time frame. Capt. Wamsley was transitioning to the Jail and Capt. Green was
transitioning to CID. Lt. Cassell recalls that he thinks he notified Capt. Green on the
evening that Officer Boskovic was in the Boulder City Hospital for injuries he sustained
during the July 2009 SWAT school. The date would have been July 22nd or July 23rd.
He also advised he notified Capt. Green by telephone just prior to his vacation on
August 4th that the weapon still had not been located. Capt. Green stated, “We’ll deal
with it when you get back from vacation.”

4. When Lt. Cassell returned from vacation on August 11 th and found out the weapon was
still not located he began orchestrating an investigation including having the search re-
done and checking NCIC. Lt. Cassell stated that at this time he let both Captains know
“officially, we’re missing a gun.”

5. On August 25th Lt. Cassell was getting his annual evaluation from Captain Wamsley. Lt.
Cassell advised that at that time they discussed the missing weapon and Capt.
Wamsley instructed him to have a report taken and get the weapon entered into NCIC
(DR# 09-17563).

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 6. The off-site SWAT office was relocated in February 2009 and the interior of the building
was completely searched prior to the move. The SWAT gun safe was sealed and
transported with police escort to the new SWAT office at the North substation. It was
not until July 2009 the weapon was discovered missing.

7. We asked Lt. Cassell about the SWAT inventory process. He stated that when he
became the Lieutenant over SEB he discovered there was no inventory system so
around February 2007 he made a request to have an inventory system put into place
and in September 2007 Cinnamin Stephens was tasked by Lt. Peters to inventory all
SWAT equipment, enter it into the system, and track it. Cinnamin was given a key to
the SWAT Office and unfettered access to the SWAT office and safe, she was also
given the access code for disabling the alarm to the building (off site SWAT office). It
took her approximately six months to do the inventory, however (according to her in her
interview) she never finished it. A review of her records has also indicated as such. Lt.
Cassell was told by Cinnamin that she completed the inventory and the system was that
SWAT officers were to correspond by email with Cinnamin every time inventory
changed hands. Lt. Cassell presented a memo he gave the SWAT team in December
2nd, 2007 explaining the new process of all information regarding equipment going
through Cinnamin for tracking. In the inventory notes and email correspondence with
Cinnamin the SWAT officers did follow the new inventory system by emailing Cinnamin
with all changes to the inventory. She would then make the annotations in the inventory
control software system. Lt. Cassell admitted that it may not have been the perfect
system, but it was better than anything that was there prior.

8. When Cinnamin was interviewed on December 2, 2009 in regards to this inventory she
admitted that she had full access to everything in the SWAT office and many times she
was unescorted in the SWAT building. At times she was left alone and she would have
to set the alarm and lock the doors when she would leave. She did state however that
she was never able to access the safe due to the combination being difficult and the
safe being hard to open. She stated that one of the, “SWAT guys” would have to open
the safe and it was usually Officer Melchert.

9. In a review of the inventory Cinnamin completed, the serial number for the missing rifle
has never been seen, even though at the time of the inventory it would have been
assigned to Brett Seekatz.

10. Once it was discovered the weapon was in fact missing and a report was taken, the
Investigations Bureau was asked to look into it (August 2009). Lt. Richardson tasked
Inv. White and Insley with the investigation. Inv. Insley stated that Captain Green had
tasked them with finding the weapon because Inv. Insley was previously on the SWAT
team. He felt that Inv. Insley knew what the weapon was like so he would have been
the best to handle the investigation. It was at that time Inv. Insley recalled a
conversation he had in April 2009, with one of his confidential informants. The
confidential informant contacted Inv. Insley in order to try to get out of some jail time.
She informed Insley that there was a, “stolen SWAT weapon,” at an address in Las
Vegas. Inv. Insley checked with Las Vegas Metropolitan PD as well as North Las Vegas
PD who both advised they were not missing a weapon. Inv. Insley did not check HPD
because he figured he would have heard about a missing weapon. Once he got this
case he completed search warrant for the weapon at the residence in Las Vegas.

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HPD 0076 (replaces HPD76) City of Henderson, NV Revised: 03-25-08
 11. The confidential informant explained the weapon as follows: (excerpt taken from the
search warrant written by Inv. Insley).

“Miller advised that she personally observed the weapon at her residence and recalled what the weapon looked
like. She also held the weapon and looked through the top mounted sighting system.

That Affiant made contact with Miller and showed her a picture of a Colt model M-4 similar to the weapon used by
the Henderson SWAT team. Miller advised that it looked exactly like the weapon she had observed and even
described the top mounted sighting system, to include the “red dot” inside the sighting system. The top mounted
sighting system used by the Henderson SWAT team is the Aimpoint system. The Aimpoint system has a red dot
in the middle that looks similar to a laser but does not produce a steady light stream. The red dot is inside of the
sighting system and cannot be seen by anyone except by the person holding the weapon and looking through the
sighting system.

That Miller advised that she also recognized the vertical handle on the front of the weapon. It should be noted
that the Colt model M-4 used by the Henderson SWAT team is equipped with a vertical foregrip which is an
integral part of the Surefire lighting system.

That Miller advised she last saw the weapon with Jimmy Page (DOB 9/26/83) and Miguel Angel Torres
(DOB12/15/72) in October of 2008. Page told miller that he stole the weapon from a LVMPD SWAT Van. Page
also told Miller that being an ex-felon, he was afraid to have the weapon and therefore hid the weapon in the wall
of his house located at 10780 Giles St.

12. A search warrant was executed which met with negative results. As of the interview it
is believed the weapon may be at a different residence in Las Vegas.

13. On December 30th, 2009 Lt. Brooks conducted an interview with Captain Green.
Captain Green had advised that he recalls that he was initially made aware, by Lt.
Cassell, around August 21st, 2009 that a rifle was missing. He was informed by Lt.
Cassell that they have not checked everywhere they could and they weren’t sure if it
was stolen or just missing. While Capt. Green was at a conference in Santa Barbara
during the week of August 24th, 2009 he stated he was again contacted by Lt. Cassell
that the weapon was definitely missing and that a report had been filed and the weapon
was entered into NCIC. He recalls the actual date was August 27 th, 2009 that he was
informed. Capt. Green stated that once he returned he had met with Deputy Chief
Averett and had informed him either on Monday or Tuesday August 31 st, 2009 or
September 1st, 2009.

Capt. Green had conversations with Lt. Cassell about what controls are currently in
place and putting some controls into place so that a situation like this would never
repeat itself. Quarterly inspections have been established and a new inventory
procedure is being developed with S.E.T.

After Capt. Green spoke to Deputy Chief Averett about the missing rifle they decided to
open a missing property investigation with the property detectives. Capt. Green shortly
thereafter tasked Lt. Richardson with conducting a full investigation into the missing
rifle.

8. SUMMARY:

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 • The last known location of the missing weapon was a qualification shoot in December
2007.

• An inventory by Cinnamin beginning in September 2007 never shows the weapon being
accounted for, however, even by her own admission, she never fully completed the
inventory. It should be noted that as a probationary civilian employee she was given full
access to the SWAT office and weapons safe.

• The weapon was last used on a SWAT search warrant service in January 2008, then
was turned in shortly thereafter by Sgt. Brett Seekatz to Rich Melchert and Jesse Lujan.

• Ritch Melchert advised he was, “100% sure” he never took possession of the weapon
from Brett Seekatz. Jesse Lujan recalls the conversation with Brett when he turned in
his gear, but he states he never took possession of a weapon from Brett Seekatz.

• The weapon was discovered missing in July 2009 as the team was preparing for a
SWAT school. Possibly around July 9th, 2009.

• Lt. Cassell was made aware of the missing weapon around July 22 nd, 2009 and
informed Captain Wamsley and Captain Green either the same day or the day after. He
recalls informing Captain Green at the Boulder City Hospital when Officer Boskovic was
being treated for SWAT school injuries.

• At this point it was still assumed the weapon was just not accounted for and was being
stored somewhere so a search commenced.

• Lt. Cassell informed Captain Green by telephone just prior to his vacation on August 4 th,
2009 that the weapon was still missing with Captain Green advising that follow-up would
continue upon Lt. Cassell’s return from vacation.

• When Lt. Cassell returned from vacation on August 11th, and discovered the weapon
was still not located he organized an “official” investigation exhausting all leads and
informed Captain Wamsley and Captain Green again.

• Captain Green advised he was first notified around August 21st, 2009 and again on
August 27th, 2009. He notified Deputy Chief Averett around August 31 st or September
1st, 2009.

• During an annual evaluation on August 25th, 2009 with Captain Wamsley, Lt. Cassell
spoke to him about the missing weapon. At this time Captain Wamsley instructed Lt.
Cassell to get a report completed and get the weapon entered into NCIC. Captain
Wamsley stated he informed Deputy Chief Averett during the Chief’s breakfast at the
Eldorado Casino on August 27th, 2009.

• The police report is given to Inv. Insley and Inv. White. It is at this time Inv. Insley
recalled a conversation with a confidential informant in April 2009 that a SWAT rifle had
been stolen out of a SWAT van around October 2008, and was possibly at a residence
in Las Vegas. It should be noted that it is only assumed this is the missing HPD SWAT
weapon. Lt. Brooks and I, Sgt. Branchini, interviewed the confidential informant on
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HPD 0076 (replaces HPD76) City of Henderson, NV Revised: 03-25-08
 1/12/10 in Las Vegas. She confirmed that she recalled seeing the weapon around
October 2008 when it was brought to her residence in Silverado Ranch by, “Jimmy
Page.” He told her that he stole it from a, “SWAT van,” but he never said whether or not
he broke into it or it was unsecured and he never said it was Henderson SWAT or
another agency. She described it as being an, “Uzi on steroids.” She also described
the laser sight on the top of the weapon. She did not want the weapon around her
residence so Jimmy Page took it and she has never seen it since.

• A search warrant at the residence where the weapon was last believed to be in Las
Vegas, met with negative results. The investigation continues by CID.

• In all of the interviews at no time was anyone instructed to keep the missing weapon
confidential. Initially when it was discovered missing it was believed the weapon was
misplaced, SWAT team members were told not to spread it around by Sgt. Hart and Lt.
Cassell because it was, “embarrassing.”

• New inventory controls have been established with the assistance of Lt. Cassell and
Capt. Green.

• Due to the length of time it will take to transfer the audio interviews into IAPro (approx
20 hours) I have left the audio interviews in the U drive under the IAB folder, case #
2009-039.

TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL ENTRIES MADE HEREIN ARE
TRUE AND IMPARTIAL.

9. INTERNAL AFFAIRS INVESTIGATOR: SGT. A. BRANCHINI #927

Signed:
(DATE)

10. DIVISION COMMANDER/ADMINISTRATOR:

Signed:
(DATE) Division Commander/Administrator

11. COMMENTS OF REVIEWING AUTHORITY:

Discipline Recommended
No Discipline Recommended
Addendum Attached

Signed:
(DATE) Reviewing Authority

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12. COMMENTS AND
RECOMMENDATIONS:

13. CHIEF OF POLICE:

Set Pre-Disciplinary
Reviewed: Hearing:
(DATE) Chief of Police

No Discipline
Verbal Reprimand
Written Reprimand
Other Recommended Discipline:

Signed:
(DATE) Chief of Police

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HPD 0076 (replaces HPD76) City of Henderson, NV Revised: 03-25-08