HENDERSON POLICE DEPARTMENT

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Officer Name: Jeffrey Bott Rank: Officer Division: East Case #: PC2010-050

Date/Time of Occurrence:11/19/2010 2330 Duty Status: Full-time/Off-duty Investigator: Sgt. A. Branchini #927

Other Persons Involved (including Officers): Sgt. Brett Seekatz #1140, Officer Tschirgi #1622, Officer Hedrick #1632,
Nikki Bott.

Summary of Facts Concerned:

It is alleged that Officer Bott conspired with other officers of the Henderson Police Department in order to create a false
police report that was to be used during his current child custody hearing.

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

Henderson Police Department Policy Manual:

DM-0104.18 - Impartial Performance- Employees shall perform their duties impartially, keeping uppermost in mind that
they are the guardians of the peoples’ Constitutional guarantees, as well as the protectors of their lives and property.
Employees shall act together and assist and protect each other in maintaining law and order.
If an officer, in performing his/her official duties, has contact, directly or indirectly, with a person with whom the officer is acquainted, the
officer shall not take any action which might affect, whether favorably or unfavorably, that person without fully disclosing to their
supervisor the nature and extent of that acquaintance.

DM-0104.29 - Truthfulness- Employees are required to answer questions that are specifically, directly, and narrowly
related to the performance of their official duties or fitness to hold office. Refusal to do so may result in disciplinary action.
Members shall answer truthfully any questions asked of them in an official Department investigation or inquiry, and in
cases concerning procedures and operations of the Department.
No member shall, with intent to deceive, knowingly cause to be made or recorded any false or inaccurate reports, nor shall any
member knowingly omit or cause to be omitted any information which is required to be recorded in any Department report.

DM-0370-02 - Records and Reports- No employee of the Department shall knowingly make a false report, enter or cause to
be entered in any Department books, records or reports, any inaccurate, false or improper information or material matter.

Investigation:
Sometime between 11/23 -11/28, 2010 I, Sgt. A Branchini #927, received a message on my office phone from Nikki Bott stating that
she had something important to discuss with me. I contacted Nikki by phone on Monday 11/29/2010 and asked her to explain her
situation. Nikki stated that she was in Clark County Family Court on 11/22/2010 with Officer Jeff Bott and that he had a police report
that he was trying to submit into the court which was in regards to a child exchange that took place at her house on the evening of
Friday 11/19/2010. Nikki Bott stated that she did not know anything about this report until her attorney gave it to her and that there
were several false statements made in the report that were addressed by her attorney. She and her attorney felt that she should
contact Internal Affairs. A meeting was set for 11/20/2010 at approximately 1600 hours. I located the call for service in IIQ and
obtained a copy of the report. The report was in reference to a child exchange on 11/19/10 that was written by Sgt. B. Seekatz #1140.
On Tuesday 11/30/10 a recorded interview was conducted with Nikki Bott, who advised the following:
On 11/19/10 she received a phone call from Jeff Bott asking if he could drop of their daughter, Kendall (9 yrs) off at her residence so
she could play with her friends. Although it was his day to have their daughter, she agreed. So at approximately 1830 hours Jeff

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dropped their daughter off. At approximately 2100 hours Nikki received a text from her friend, Christine, who is a bartender at Johnnie
Mac’s bar advising Jeff was in there with Ron Russo and his wife. This upset Nikki since it was Jeff’s day to have their daughter. She
stated that he was also supposed to drop off their daughter the next morning (11/20) at 0900 per their child exchange agreement, so
she texted Jeff and told him that Kendall might as well spend the night since it was close to her bedtime anyway. Jeff responded that
he would be there around 2230 hours to pick her up.
At approximately 2215 Jeff texted Nikki advising he was outside. Kendall was already sleeping so Nikki wanted to go out and speak to
Jeff. She stated Jeff was chewing gum and refused to speak to her. She then noticed a female lying down in the front passenger seat
of Jeff’s vehicle who she recognized as being Ron Russo’s wife. She then stated that she saw Ron Russo’s SUV parked and running
down the street. Since Jeff refused to speak to her and since she stated that she felt like she was, “being set up,” she went back into
the residence. Jeff then called her and said, “so are you refusing to give me Kendall?” Nikki responded, “no I just want to make sure
you’re okay to drive.” She said that Jeff then said, “You don’t want to go here, I’m going to call my boys and I’m going to call for
services,” so she said "fine" and hung up.
Approximately 10 minutes had passed when officers arrived. She said that she saw Ron Russo’s SUV pull up and officers were talking
to Ron and Jeff. She then stated that a “little” officer came up to the house. She went on to describe him as having “moused” hair, no
facial hair, and no name plate. (Lt. Brooks later asked if the officer was wearing a jacket and she stated, “no.” He also asked if the
officer had Sergeant stripes on his sleeves and she stated, “no.”)
The officer spoke to her about the situation and she stated that she had no problem with letting their daughter go and that she was just
concerned that Jeff was not intoxicated since he was just at a bar. The officer told her that he “didn’t know Jeff and never talked to him
before.” The officer then asked her that if he administered a breath test to Jeff if that would satisfy her, to which she stated “yes.” She
stated that the entire exchange may have lasted 25 seconds. The officer then walked over towards where Jeff was standing. She
couldn’t see what he was doing, but he then yelled out, “its .00.” (She later stated that she never witnessed the breathalyzer being
administered). She then retrieved Kendall and walked her outside. She stated that the entire exchange lasted 5-6 minutes. She felt
that Jeff was trying to exaggerate the situation for more information for court, since they had a court hearing for child exchange on
Monday 11/22/10.
When she arrived at Clark County Family Court on 11/22/10 she saw Ron Russo standing outside of the courtroom. She and her
attorney entered the courtroom and during the child custody hearing Jeff attempted to submit a report regarding the child exchange on
11/19/10 and stated that he had a witness waiting outside to testify to the events. Nikki’s attorney obtained a copy of the report from
Jeff’s attorney and read it. Since the discovery process had already ended for this case the Judge (Steve Jones) denied it being used
and the case continued.
Nikki was unaware that a report was even taken so she and her attorney (Stacy Rocheleau) discussed it. Her attorney went through
some statues and told Nikki that if the officer suspected that she was using opiates then the child has to be removed from her care.
She stated that no one gave her a field sobriety test, and that if she was on opiates then officers could be allowed to search her home.
There were other inconsistencies pointed out to Nikki by her attorney. I confirmed that no field sobriety test was administered, I also
asked Nikki if she uses opiates or prescription narcotics as well as consumed alcohol that evening, and she stated, “no.” Nikki stated
that she saw many items in the report, specifically the third paragraph, that were completely false, and she denied saying almost the
whole thing to the officer.
On 12/6/10 I received a phone call from Nikki Bott explaining that she had a drug test conducted and that after the testimony in family
court on 12/3/10 she believes that the officer she spoke to on the night of the child exchange was not Sgt. Brett Seekatz. She also
asked if she could see photos of the officers who responded. An appointment was set for 1600 hours on 12/6/10. I met with Nikki who
advised that on 12/1/10 she had a consentual drug test conducted at Synergy located at 4161 S. Eastern #A6, Las Vegas, NV 89119.
Her hair was tested for methamphetamine, opiates, barbiturates, cocaine, and marijuana. She stated the test returned as being
negative, but she had the results at home. I then showed her images of Officers Tschirgi, Hedrick and Sgt Seekatz, who all showed
arrived on scene by the call for service and by GPS. She did not recognize any of the officers as those she spoke to. She even went
on to say that there was a Sergeants patrol vehicle on scene that evening but she did not recall seeing anyone in it. She also stated
that the officer she spoke to went to a normal police car and not a Sergeant’s vehicle.
On 12/8/10 I separately interviewed Officers Tschirgi #1622 and Hedrick #1632. Officer Tschirgi stated that he was dispatched to this
call by MDT as well as Officer Hedrick. They recalled that it involved an off-duty officer. When they arrived he was advised that Sgt.

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Seekatz had been notified and was also enroute so Officer Tschirgi and Hedrick waited by Officer Bott’s vehicle for Sgt. Seekatz to
arrive. While they waited neither officer detected an odor of alcohol emanating from Officer Bott nor did they observe any signs that
Officer Bott had been drinking alcohol such as bloodshot watery eyes or slurred speech. Neither officer spoke to Nikki Bott. When Sgt.
Seekatz arrived he went up to the residence to speak to Nikki. Neither officer heard the conversation but they could see Nikki Bott. I
asked both officers if they observed her exhibiting signs that she may have been under the influence of anything such as stumbling,
unsteady gait, and neither one of them witnessed that type of behavior. Officer Tschirgi then stated that Sgt. Seekatz came back to
where they were standing and obtained a PBT from his vehicle. Both officers said that they could not get it to work so Sgt. Seekatz
subsequently administered it to Officer Bott, twice. Sgt. Seekatz then went back to Nikki Bott and spoke her. She then retrieved her
daughter and brought her out to Officer Bott. After the child exchange was completed they both said that Sgt. Russo, who was parked
approximately 100 yards down the street, pulled up and picked up his wife who was with Officer Bott. As they were all leaving Officer
Hedrick asked Nikki Bott if there was anything else she needed and she stated, something to the fact of, “you guys are going to do
whatever you want anyway.” As the officers were clearing they heard Sgt. Seekatz say on the radio that he would be primary on the
call.
On 12/23/2010 Lt. Brooks and I conducted a recorded interview with Sgt. Seekatz regarding this case. Sgt. Seekatz advised that he
was in briefing on the evening of 11/19/2010 doing briefing training with his squad when Sgt. Russo called the briefing room on the
briefing phone. Sgt. Russo advised that there was a call for service at Officer Bott’s residence and that they needed a supervisor there.
Sgt. Seekatz asked what the call was about, so Sgt. Russo explained that Officer Bott was at his estranged wife’s (Nikki Bott)
residence to pick up their child and she was accusing Officer Bott of being drunk. He explained that there were two swing shift officers
already on scene but there was no supervisor on duty so he requested that Sgt. Seekatz be enroute to assist. Sgt. Seekatz asked
Officer Donnelly to borrow his PBT and then he responded to the scene.
When he arrived he saw Officers Tschirgi and Hedrick talking to Officer Bott. Sgt. Seekatz also observed a female in the passenger
seat of Officer Bott’s vehicle. Sgt. Seekatz spoke to Officer Bott and asked him if he had been drinking. Officer Bott stated that he had
one beer a few hours prior. Sgt. Seekatz did not observe any signs that Officer Bott had been drinking alcohol and he did not detect an
odor of alcohol. Sgt. Seekatz instructed the officers to give Officer Bott a bottle of water and then conduct a PBT on him.
Sgt. Seekatz then went to speak to Nikki Bott who informed Sgt. Seekatz that she had “divorce court tomorrow,” which was strange
since it was Saturday. She explained that, “you guys are just going to protect him.” Sgt. Seekatz then stated that Nikki was, “rambling
on,” about divorce court and had the use the house for balance. She also complained about Officer Bott drinking and having a, “floozy”
with him. Sgt. Seekatz continued explain the demeanor of Nikki Bott as her eyes bouncing and when she scanned her eyes moved
very slowly and choppy. She also had slurred speech and kept smacking her lips. Sgt. Seekatz went back to where Officer Bott and
the other officers were standing and realized that the officers did not know how to use the PBT, so Sgt. Seekatz subsequently
administered the PBT to Officer Bott which registered .00.
Sgt. Seekatz asked Officer Bott if Nikki Bott had a pill problem and Officer Bott responded with, “Yea, that’s something new.” Sgt.
Seekatz told Officer Bott he was going to take a report and Officer Bott said, “No I don’t want a report.” Sgt. Seekatz told him that he
felt it was the right thing to do and he would, “bury it,” so that Officer Bott’s business would not be, “out there.” Sgt. Seekatz drew a DR
number although he stated Officer Bott only wanted an event number, and he informed HPD dispatch that he would be primary on the
call for service. He later stated that he made himself primary since it was the end of the shift for the two swing shift officers on scene.
While he was, “arguing with Officer Bott” about just wanting an event number, the female in the passenger seat, who was in fact the
wife of Sgt. Russo, stated, “just take a report, he needs a report.”
Sgt. Russo then pulled up and his wife got into their vehicle. Sgt. Seekatz and Sgt. Russo had a very brief conversation and everyone
left the residence. Sgt. Seekatz stated that he drove around the corner to City Stop and typed the report. I clarified some of the areas
of the report that Nikki stated were false such as the third paragraph and Sgt. Seekatz stated that she did in fact say those things to
him.
I asked Sgt. Seekatz if the stripes on his uniform were visible the entire time and he stated, “yes.” He then stated that when she
accused him of covering for Officer Bott he informed her that he did not know Officer Bott very well and that he did not know her. He
also told her that he did not have an opinion of Officer Bott and that they don’t see, “eye to eye on most things.” He also told her, “If
your husband was an honest man he would tell you that he despises me.” He also told her that he was a Sergeant.
I asked Sgt. Seekatz if he administered a PBT to Nikki and he stated, “no, she didn’t smell like alcohol.” I asked if she was

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administered any Field Sobriety Tests and he stated, “no.” I asked Sgt. Seekatz if he had any kind of DRE (Drug Recognition Expert)
training and he stated, “no.”
Sgt. Seekatz went on to say that he saw Mrs. Russo after this event and they spoke about Nikki Bott. She had just finished going to
court for Officer Bott and she told Sgt. Seekatz that she thought it was odd that Nikki Bott was so high that she couldn’t apply her
lipstick correctly because her face was so numb and it kept going outside of the border of her lips, (video of family court was obtained
and nikki Bott looked and acted normal during her testimony).
I again asked about why he took the report even though Officer Bott had asked him not to. He (Bott) felt that people would find out
about it so Sgt. Seekatz stated, “there’s three people other than you that know about this, the two officers and myself.” He also stated,
“A) it was the end of their shift and it was their Friday.” (This occurred on Friday 11/19/10, which was not their Friday). Sgt. Seekatz
stated that he did not want them to get stuck with paperwork and B) he wanted to make sure it was, “done correctly and didn’t want
Officer Bott’s name and social security number...” He then stated, “whether or not I like him personally has nothing to do with me doing
my job and doing it the right way and taking a report for the right reason, which is what he did.”
I asked Sgt. Seekatz who approved the report and he wasn’t sure, but he asked one of his OIC’s to approve the report. He thinks it
was Officer Shipp and he told him to just, “approve the report and don’t read it.” He told Officer Shipp that it, “involves someone’s
personal information and if he would approve it, it would take care of it.” Sgt. Seekatz stated that he did not let Officer Bott know that
the report was ready and although he had seen him twice they have not discussed it. He re-iterated that their relationship is,
“professional.”
I asked Sgt. Seekatz if CPS (Child Protective Services) was contacted or if a copy of the report was forwarded to them and he stated,
“no.” He stated that there were other adults in the residence. His main concern was that she was accusing Officer Bott of being
intoxicated and he wanted to document both sides. I asked Sgt. Seekatz if he has instructed his officers to take similar reports and he
stated that he has. I asked Sgt. Seekatz if Sgt. Russo asked him to take a report and he stated that he didn’t even think that Sgt.
Russo was aware that a report was created and he has not spoken to Sgt. Russo about it.
Sgt. Seekatz’s legal representation, Don Bennion, stated that there was no ulterior motive in this case and although Sgt. Seekatz and
Officer Bott may have professional differences in opinion he was just trying to do his job and document the incident so that there is a
record of what had occurred in this very unfortunate situation. Sgt. Seekatz then clarified that he felt at the time that he may have to go
to court that’s why he wrote the report especially the last line where he wrote it to, “document his observation and refresh his memory.”
Lt. Brooks asked Sgt. Seekatz why he allowed Nikki Bott to make the decision to release her children if she was so, “whacked out.”
Sgt. Seekatz stated that at first he didn’t realize her condition until he spoke to her for a few minutes. He also didn’t feel that she was
so impaired to obtain a search warrant for the residence.
On 1/5/2011 Lt. Brooks and I conducted a recorded interviewed with Officer Bott in regards to this case. Officer Bott’s account of the
incident is consistent with Nikki Bott’s in that he had dropped off their daughter with her consent so she could play. He was contacted
by Nikki Bott later in the evening and she was screaming at him in regards to him being out “drinking and bar hopping,” even though he
had not been out that long and had only consumed one 12-ounce beer. Due to ongoing issues and threats made by Nikki Bott to Jeff
stating that she, “hopes he gets shot and killed on duty,” and her consistently filing complaints with HPD or other agencies he felt that
he needed a witness to be there when he picks up their daughter. When he responded to the residence to retrieve their daughter he
had Sgt. Russo’s wife in the passenger seat of his vehicle as a witness. Nikki approached the vehicle to speak to Jeff and he refused
to speak to Nikki because he was afraid that she would create a domestic violence situation. Nikki came closer to the vehicle and saw
Lisa Russo in the passenger seat of Jeff’s vehicle, but Nikki did not immediately recognize her, she then went back into her residence,
closed the garage door, and closed the blinds. Once Nikki refused to release their daughter Jeff called Sgt. Russo, who was waiting
approximately 200 feet down the street and Sgt. Russo had already contacted Dispatch. Jeff stated that he also contacted HPD
Dispatch to ensure they were enroute because he wanted a stand-by and he wanted a report to document her actions.
Officers Tschirgi and Hedrick arrived approximately fifteen minutes later. Jeff spoke to them about the situation and had informed them
that a graveyard supervisor was enroute also (this was relayed to Officer Bott by Sgt. Russo), so the officers stood-by and did not
make contact with Nikki. Once Sgt. Seekatz arrived, Jeff explained the situation to him and he went up to the residence to speak with
Nikki. Jeff stated that Sgt. Seekatz was in a full patrol uniform and his Sergeant stripes were visible. Prior to making contact with Nikki
Sgt. Seekatz directed the officers to administer a PBT to Jeff, but the officers were unsure of how to use the device. When Sgt.
Seekatz returned from speaking with Nikki he administered two PBT’s to Jeff which registered .00. Sgt. Seekatz then went back to

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speak to Nikki and he told Jeff that the matter was resolved. He told Jeff that due to the sensitivity of this call he would take a report in
order to document the incident. Sgt. Seekatz asked Jeff if Nikki has been using any prescription pills and Jeff stated that although he
had no proof of that, her behavior over the last several months has gotten progressively worse by being irrational and being, “ angry
one minute then nice the next,” but he has no proof she is using pills.
I then asked Jeff is he asked Sgt. Seekatz for an event number only and to not write a report and he stated, “no.”
I asked Jeff if Lisa Russo insist that Sgt. Seekatz take a report, and he replied, “no, she stayed in the truck the whole time.”
I asked Jeff what his relationship is with Sgt. Seekatz and he stated that other than work they are just acquaintances and Jeff has no
animosity or anger towards Sgt. Seekatz. (I later asked Jeff what would give someone the indication that he despised Sgt. Seekatz and
he did not know; according to Jeff they have never had any type of conflict).
I asked Jeff what Nikki’s demeanor was at the residence and his observation was that he could tell that she may have had a couple of
beers. He stated that he also has not known her to use prescription pills, but they have been separated for almost a year, so he
doesn’t know if she has been prescribed anything since their separation.
I asked Jeff if he asked Sgt. Seekatz to write the paragraph regarding her actions and that she may be under the influence of opiates
and he stated, “no.”
I asked Jeff how he knew the report would be ready by Monday 11/22/10 since normally reports taken on Friday’s are not ready by the
following Monday morning and he stated that since he was aware that a report was taken he stopped by Records to inquire as to the
status of the report for his attorney. It was at that time that he was given a copy of the report. Jeff re-iterated that he never went out of
his way to use the report in Family Court.
I asked Jeff if the report was used in court and he stated that the information was shared between the attorneys, but the report itself
was not introduced into court as evidence. The main point about the report was for Jeff’s attorney to show that Nikki constantly
interferes with the child custody process and the police were called. At no time during the court proceedings was the mention of Nikki
being under the influence of opiates discussed nor was it ever a factor in their child custody hearing. (A copy of two days worth of this
Family Court case was obtained and previewed to confirm this).
Due to an extended health issue with Sgt. Russo he was not interviewed for this case, but based off of the interviews his role was very
limited and he remained parked down the street during the entire call for service.

Results of Investigation:
• Officers responded to Officer Bott’s residence to assist with a child custody issue between him and his estranged
wife after she accused him of being out drinking and refused to release their child to him.

• A graveyard supervisor (Sgt. Seekatz) was dispatched at the request of Sgt. Russo since the call involved an off-
duty officer.

• A PBT was administered to Officer Bott in order to facilitate the child exchange since he was being accused of
being under the influence of alcohol. The result was .00.

• A report was generated to document the child custody, however according to Nikki Bott there are many
inconsistencies and she and her attorney both feel that the paragraph about opiate use was clearly made up for Jeff
Bott to use in Family Court three days later. She maintains that she does not use drugs or opiates and two weeks
after this call for service she voluntarily had a drug test conducted which shows that she had no illegal narcotics in
her system.

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• A copy of this report was never forwarded to Child Protective Services and no search of Nikki’s residence was
conducted. Sgt. Seekatz is also not trained as a Drug Recognition Expert and only documented her behavior in
case he would be called into family court to testify.

• The reasoning for Sgt. Seekatz taking the report was to ensure Officer Bott’s information is not seen or used by
anyone else on the department.

• Sgt. Seekatz seemed to believe that there is some animosity between him and Officer Bott, but Officer Bott states
that there isn’t nor has there been.

• Although Officer Bott obtained a copy of the report and did in fact use it to demonstrate the ongoing problems with
Nikki Bott and their ongoing child custody issues, the paragraph about opiates and opiate use was never discussed
in court.

Internal Affairs Investigator: Sgt. Anthony Branchini #927

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

01/10/2011
Date Division Commander / Administrator Signature

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Comments of Reviewing Authority:

Discipline Recommended
No Discipline Recommended
Addendum Attached

Date Reviewing Authority Signature

Comments and Recommendations:

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

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