Inmate Death Investigation (Walker) - Charlotte CI, FL DLE, 2014
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Florida Department of Law Enforcement Case Nu_mber FM-37-0002 Twentieth Judicial Circuit of Florida lnvestigative Summary: Charlotte Correctional lnstitutfon Use of Force Incident Date: April I 1, 2014 Case Agent: Special Agent Dave Staley DECEASED INMATE: Matthew Walker Black Male Date of Birth: 8/8/1968 CORRECTIONS OFFICERS: Lieutenant Tyler Triplett Officer Edward Sfhor Sergeant Daniel Lynch Officer Thomas Weidner Sergeant Rosemary Harrington Officer Andrew Love Sergeant Ahsaki Jones Officer Mestely Saintervil Sergeant Errol Grant Officer Joseph Troyan Sergeant Kent Stott INCIDENT LOCATION: Charlotte Correctional Institution 33123 Oil Well Road Punta Gorda, FL 33955 l After hearing radio calls for assistance. Officer Weidner, Officer Lo\/e, Officer Troyan and Sgt. Grant responded to quad 4 E dormitory. According lo 1hese officers, when they arri\/ed to E dormitory Walker was face down on the second Iler near -cell 4207 struggling with officers. Officer Weidner, Officer LO\/e, Officer Troyan and Sgt. Grant claim Walker's right hand was secured In a handcuff and officers were attempting to secure Walker's left hand. According to Captain Thomas he arrived and a1s·o obseNed officers struggling with Walker. Captain Thomas said he obseNed Sgl Stott bleeding and ordered him outside. Captain Thomas said he observed Sgt. Harrington on the ground with Sgt. Jones. According ·to Captain Thomas he ordered these two officers to go to the medlcal unit. With the help of these additional officers. Walker was placed in restraints. Some of the officers claim they attempted to assist Walker to his feet. According to these officers, Walker refused to stand and/or walk on his own. Captain Thomas said he ordered the officers to carry Walker from the dormitory utilizing a 'four person carry method". Officers said they carried Walker outside and .placed Walker on the ground face down. Once outside, Sgt. Harrington explained she was pl.aced on a medical-gurney and was transported to the medical unit at CCI. According to Lt, Triplett, .Sgt. Stott, and Sgt Jones they accompanied Sgt. Harrington to the medical unit. Captain Thomas told Investigators that he ordered the remaining officers to carry Walker to the medical unit Captain Thomas recalled that when he went outside he obseNed Lt. Triplett and his face was •red". Captain Thomas dld not reveal to lnvesti9ators that Lt. Triplett h� -a verbal outburst directed at Walker or that he had to physically restrain Lt. T r!plett. The officers ·had to stop several times lo place Walker on the ground to rest and sWilch out with other officers due to the size and weight of Walker. This is consistent with blood stains lo-cated along the. pathway from E dormitory to the final rest of Walker. Captain Walker Thomas told investigators that he assessed Walker near the captain's office and sald , •did not look right", Captain Thomas explained that he used a flashlight to shine in Walker's eyes and Walker's eyes did not respond to the hght Captain Thomas said he then requested medical -staff to respond to their locaUon, Nurse Priscilla Wheeler arrived and found an unconscious Walker who was not breathing. Nurse Wheeler and officers began cardiopulmonary resuscitation (CPR) and Charlotte County Fire/EMS was notified st approximately 12:41 AM requesting an ambulance. During Sgt Lynch'$ lnibal Interview he ssld he heard an officer state. •Fuck this motherfucker!" Sgt. Lynch was not sure who made this-statement and was uncertain as to when lt was stated. This is consistent with several Inmates who also told investigators they heard similar language Inside of E dormitory. According to the officers' statements no one struck Walker With their hands, feet, or radios. The officers also stated they did not witness any other officer strike Walker 1n any manner. Officer Daryl George was identified as a witness and was also inteNlewed. Officer George was responsible for operating the E dormitory control room. Officer George stated all of the sergeants and acting sergeants were called to the captain's office by Lt. Triplett at approximately 11 :00 PM. Officer George said Offi�r Sinor was the acting sergeant and 6 repo rted t o this meeting. Officer Ge orge was unaware of the time, however he stated LL Triplett. Sgt. Dani el Lynch, Sgt Ro semary Harrington, Sgt Kent Stott, Sgt. Ahsakl Se ylnl Jones, and Officer Sino r entere d E dormitory and requ_ested him to tum the lights on ln quad 4. Officer Geo rge sai d the officers wenl cell to cell con ducting Inspections Officer Geo rge explained he was asked to o pen several cell doors so the officers coul d address issues Insi de the cells. Officer George recalled opening cell doo r 4210 for Sgt. Jones at approximately 12:20 AM. Officer George sald approxlmately two to three minutes later, he observed Walker 'charge out' of the cell and strike Lt. Triplett and Officer Sino r In the face. wilh a closed fist. Officer George stated both Lt Triplett and Officer Si no r were struck while standing outside of cell 4210, Statements from Lt. Triplett and Officer Sinor contrast Officers Ge . orge's statement regarding where, LI. Triplett an d Officer Sinor were struck by Walker. Officer Geo rge described Walker as being "combative• as Walker •charged' o ut of his cell and struggled with the officers. The remaining officers already Inside of quad 4 responded up the stairs to assist Officer George tol d investigators he was unsure of the officers' names. Acco rding to Officer George, Officer Thomas Weidner, Officer A ndrew Lo ve, and several other officers unkno wn to Officet Geo rge respond ed to E-Dorm. Officer G eo rge befieved the struggle lasted for appr oximately flve to ten minutes before. he observed Sgt. Hamngton bei n g "grabbed" by Walker causing hec to fall to the gr o und. Officer George claimed Walker lande d on to p o f Sgt H arrington when they fell to the ground. Officer George told investigat o rs Walker was even tually restrained, while kneeling on the second lier catwalk 1n front of cell 4207. Officer George then observed Mr. Walker stand up and began to walk while being escorted by officers. Officer George believed Walker was still being agg_resslve. According to Officer George, Walker walked lo the stairs with an officer on either si de of Walker. Officer George explained to lnvasligalors that while Walker was standing at the top of the stairs, his (Walker's) legs were picked up and four o ffic;ers carried Walker down the st;;ilrs. Once Walker was carried to the do or, Officer George claimed he o bserved Walker again stand up on his own and was escorted out of E dormitory on his feet. ll should be n oted thal Officer George's o bservation of Walker standi ng and walking after being restrained on the second tier is not consistent with the statements of the involved o ffic-ers or the statements fr o m the inmates. Follow-up Statements All of the invo lved officers. Includ ing Officer Georg.a, were asked to participate In a second interview at the FDLE Fort Myers Regional Operations Center. The request w as due to the officers' initial statements bei n g Incon sistent with the statements pr ovided by Inmate witnesses and the evi dence of Injury Walker sustained. With the exception of Lt. Triplett, afl·of the officers pr ovided a second, sworn statement. Each statement w as digitally recorded. During Captain Thomas' second interview, by SA Patrick Crough. he expl.ained that he was aware of an Inci d ent that occurr ed o utside of E dormitory a·nd after Walker was handcuffed . With this prompting from SA Crough, Captain Thomas added new Information regarding a 7 approximately 12:57 AM According to Nurse Wheeler, the only physical trauma she observed was some blood under Walker's nose. Sgt. Hanington and Sgt Stott both received injuries during the altercation with Watker. Both officers were transponed to Bayfront Heatth Punta Gorda (formerly Charlotte Regional Medical Center) for treatmen t According to hospttal documents, Sgt HarrtngtOn was treated for and was released the same day. SgL Stott was treated for a ' � and was also released the same day. jSummary of lnmatea' Statements Based on interviews conducted wrth seventy-thre-e {73) inmates at the Char1otte Correctional tnstitution lhe fotrowing information was- provided to FDLE Agen1s: on April 11, 2014. several corrections offioers-entered quad 4 of E domntory after "final count" and aft.er "lights out"' (11:00 PM) The overhead tights were au turned on and several officers walked through the quad conducting cell inspections. Sgt Jones addressed Walker in cell 4210 and ordered him to put his personal items away. Some of the inmates asserted Walker became upset about being harassed after lights out- Inmates claimed Sgt. Jones called out to "LT and said �we got one for confinement pop 210· The -Lr (Lt. Triplett) responded up the stairs -and cell 4210 was opened According to some of the inmates. Lt. Triplett confronted Walker and orde:red him to pface his ,terns away. Inmates altege Walk.er verbally protested the intrusion and that U Triplett ordered Walker to tum around to subrmt to restraints (handcuffing). Walker's ceilmate, Tony Me�tre. told FDLE agents that Walker was verbally protesting; however he was being Mrespectful' and '"complying with orders to submrr Mestre wa$ asked to lea\le the c.ell and go downstairs, he complied According to Mestre and other Inmates, Walker stood from his bunk and faced lhe ,ear of the cell as ordered. Other officers arnved (Sgt. Grant, Sgt. Lynch, Sgt. Stott, Sgt Hanington, Officer $jnor, Officer Weidner Officer Love, Officer Saintervil. Officer Troyan. and Captain Thomas) to cell 4210 to assist Walker was heard by some inmates verbaUy protesting the intrusion Some Inmates claim they heard officers shoubng orders to Walke, to •submlt" and to "stop resisting'. According to several Inmate interv,1ews, a chemical agent was deployed lnsld& of 4210 and a physical altercatron ensue<L Several inmates reported seeing Walker being struck by officers and some reported seeing Walker striking the officers. According to some of the inmates, Walker forced his way through several officers and out of ceil 4210 Walker fell to the ground near cell 4207 with officers on top of him. Inmates told investigators Walker fell face down on Lop of a white female officer (Sgl Harrington) who was knocked out .as a result of this faU. This 1s consistent with the officers' stateme-nts. Inmates reported seeing officers -deliver multiple strikes to Walker. Some inmates reported seefng officers utilizing hands, feel fists. and/or radios as impact weapons During the altercation in front of cell 4207 at feast two radios fell to the ground and slid partially underneath a cell door and an officer delivered another burst of ctlemtcal agent. Some of the mmates -Said Walker wen1 hmp as a resuJt of the multlpfe strikes. cen 10 The officers carried Walker downstairs and out of the dormitory. Some Inmates heard a verbal confrontation between some of the officers while outside. Some Inmates sa1d they heard Lt. "Triplett yell •1 will km you" or some variation of this statement. Inmates reported hearing another officer saying calm down or some variation of this statement. Other inmates reported being able to see outside of the dormitory and believed Walker was unresponsive while officers struck Walker. Walker was then carried from the area in front of E dormitory towards the center of the prfson compound. Some Inmates were able- to Identify officers by name or nickname; howe:,,er other Inmates were unable to provide any positive identities on the officers lnvolv.ed. The inmates interviewed were housed in, or near the inc[dent location. The following is a comprehensive synopsis based on the totality of the seventy-three (73) inmate statements: • 19 Inmates stated they heard Lt. Tripplett ye11 •1 will kill you'' • 18 inmates reported seeing Walker non-responsive on tier 2 • 12 Inmates state they saw LI, Tripplett striking Walker with a radio • 10 Inmates stated they saw LI. Tripplett kick/stomp Walker • 9 inmates described Walker as actively resisting officers • 6 Inmates staled they saw Lt Tripplett striking Walker • 5 Inmates stated they saw Sgt. Lynch kick/stomp Walker • 6 Inmates reported they saw Walker rron-respons1ve In 5,11lly porl • 3 inmates stated they saw Sgt. Lynch striking Walker • 2 Inmates stated they saw Lynch striking Walker with a Radio • 2 Inmates stated they saw Officer Sinor l<icl</stomp Walker • 2 Inmates reported they saw Walker non-responslve outside • 2 Inmates stated they saw Officer Weidner s1rikin� Walker • 1 inmate stated he saw an officer he called •security g• (short, bald white male wearing a brown shirt) striking Walker with a radio • 1 Inmate s(aled he saw Weidner striking Walker with a radio • 1 Inmate stated he saw Officer Sinor striking Walker • 1 inmate stated he saw S�L Grant striking Walker • 1 Inmate stated he saw Sgt. Grant stomp/kick Walker • 1 Inmate stated he saw Officer Weidner kick/stomp Walker • 1 Inmate stated he saw Walker strike Lt. Tripplett • 1 Inmate stated he saw Walker strike officers • 1 fnmate stated he saw Sgt. Lynch put Walker In a headlock 11 Not all of the Inmates housed In, or around the Incident location provided a statement and some of the inmates claimed they saw and/or heard nothing pertaining to the use of force and the cell inspections. I On April 11, 2014, ,at 4:56 AM, FDLE Cnme Lab Analyst Steve Balunan and FDLE Crime Lab Analyst Kate Reidy arrived at CCI. Crime Lab Analysts Balunan and Reidy captured crime scene measurements, created sketches, took photographs, and collected evidence at the two initial crime scenes consisting of the final rest of Walker and quad 4 of E Dormitory. On April 11, 2014, SA Larry Long, SA Tracy Rousseau. and Crime Lab Analyst Balunan responded to District 22 Medical Examln�r's Office to document the autopsy. Crime Lab Analyst Balunan took photographs and collected evidence from Walker, while at the District 22 Medical Examiner's Office. Crime Lab Analyst Reidy remained al CCI and took photographs of the Involved officers ana assisted with the collection of the officers clothing, radios, and chemical spray camsters. The evidence II.st section documents all of the evidentiary Items taken. ILaboraro,y Analysis Analysis Report 1: On September 4, 2014. Special Agent (SA) Dave Staley received a laboratory report that was published by the Florida Department of Law Enforcement on September 2, 2014. The report was written by FDLE Crime Laboratory Analyst Daniel Baker from the Biology Section. FDLE Crime Laboratory Analyst Daniel Baker indicated a presence of blood on Lt Tyler Triplett's shirt, Sgt. Lynch's boots. and swab J (FDLE item number 35 a blood stein located on the floor Inside quad 4 of E dormitory in front of cell 207). Complete DNA profiles were obtained from Edward Sinor, Andrew Love, Mestely Saintervll, Daniel Lynch, and Matthew Walker. FDLE Crime Laboratory Analyst Daniel Baker found the presence of a DNA mixture on Matthew Walker's fingernails from his right hand. The •maJor contributor• of DNA matched the DNA proffle of Officer Edward Sinor Laboratory Analyst Baker excluded Andrew Love. Mestely Saintervil, Thomas Weidner, and Daniel Lynch were excluded.as the •foreign minor donor to the mixed DNA profile.• Laboratory Analyst Baker located the presence of a ONA mixture of at least two Individuals on FDLE item number 41 (radio, sec 30 which was assigned to Sgt. Daniel Lynch). According to Laboratory Analyst Bal<er the major DNA contributor could be determined. The •major DNA 12 prome• matcfled Matthew Walker's DNA profile. "Due to the limited natura of the DNA results for the additional ccntributor(s) to the mixture, this data was-net interpretable: The DN.A profile obtained from swab J (FDLE item number 35, a blood stain located on the floor Inside quad 4 of E dormitory in front of cell 207) matched the DNA proffie from Matth�w Walker. Laboratory Analyst Baker located the presence of a ONA mixture from at least two individuals on FDLE item 39 (radio, sec 35 which was ass�ned to Officer Thomas Weidner). A partial DNA prollle determined the D.NA was from a male contributor. "Due to the limited nature of the ONA results for the additional contributors to the mixtura, this data was not interpretable." laboratory Analyst Baker excluded Andrew love, Mestely Saintervil, Thomas Weidner, Daniel Lynch, and Matthew Walker as the •major contnbutor to the mixed DNA profile." A DNA profile was obtained from Lt. Triplett's right toe of his boot which indicated the "presence of a mixture of at least three lndMduals. • The DNA profile for the major contnbutor was determined to be from a male. "Due to the complexity of the DNA results for the additional contributors to the mixture, this data fs not Interpretable.' laboratory Analyst Baker excluded Andrew Love, Mestely Salntervn, Thomas Weidner, .Daniel Lynch,.and Matthew Walker as the •major contributor to the mixed DNA profile." According to laboratory Analyst Baker, � complete DNA profile was obtafned from Lt. Triptett's shirt and the DNA profile was consistent with the male contributor DNA proflle from Lt. Trlplett's right toe of his boot No other significant informatron was documented on this report regarding to th� evidence submitted or the analysis. Analysis Report 2: On September 10, 2014, Special Agent (SA) Dave Staley received a laboratory report that was publlshed by the Florida Department of law Enforcement on September 5, 2014. The report was written by FOLE Crime laboratory Analyst Daniel Baker from the Biology Section. laboratory Analyst Baker completed a DNA profile from Sgt. Kent Stott (FOLE item number 47) and was able to exclude Sgt. Stott as a DNA contnbutor from the following evidence: • • • • Excluded as •the foreign minor contributor to the mixed DNA profile obtained" from Matthew Walker's right hand fingernails. Excluded •as the major contributor to the mixed DNA profile obtained from· radio (sec 35 which was assigned to Officer Weldner). Excluded-as the source of the DNA profile obtalned from LL Triplett's shirt. Excluded as the major contributor to the mixed DNA obtained from Lt. Triplett's right toe of his boot. 13 On May 22. 2014 Senior Inspector Janene Mclaughlh'I with the Florida Department of Corrections (DOC) explained to Special Agent (SA) Dave Staley that once lhe hold on cell 4210 in "E'" dorm was released, DOC Officer Stacy Chapman conducted an inventory of the property left inside. According to a report authored by Officer Chapman. inmate Anthony Mestre's property (which was inside his footlocker) was inventoried and a '1ong homemade weapon sharpened to a pomr was d1scovered hidden inside the binding of a library book. On May 23. 2014. SA Jerrick Pittman met with DOC Inspector Wayne Elrod Inspector Elrod transferred the evidence over to SA Pittman. SA Pittman placed the evldence Into a temporary storage locker for safe keeping and was subsequently analyzed Laboratory Analyst Baker found the presence of blood on FOLE item number 48 {a book thal contained a piece or metal). A complete DNA profile was obtained froni pa,ge 130 of the book. The DNA profile was determined to be consistent wiU, originating from a male. Analyst Bal<er excluded Officer Love, Sgt. SaintervU. Officer Weidner, Sgt_ Lynch. Sgt Stott, and Matthew Walker as the Qmajor contributor lo the mixed DNA profile... A DNA profile obtained from page 204 from the book Indicated the presence of a mlxture or al least two rndividuals. A partiaJ DNA profite detenmned the ONA was from a m�le. "Due to the limited nature, of the DNA results tor the addltional eonttibutor{s) to the mixture, this data ls not interpretable."' Laboratory Analyst Baker excluded Officer Love, Sgt. Saintervll, Officer Weidner. Sgl L\lnch, Sgt Stott, and Matthew Walker as the •major contributor to the mix_ed DNA profile". The boot<. and the piece of metal found tnslde were transferred to the Latent Pnnl Section of FDLE for further analysis. No other significant mformat1on was docume-nted on this report regarding to the evidence submrtted or the analysis On May 22. 2014, SA State-y received a copy of the autopsy report for Matthew Walker. The autopsy report was authored by Or. Riazul lmami. District 22 Medlcsl Examiner and dated on Ma 21 2014. Dr. Imam, reported the official cause of death to be ' the manner of death as ''homicide". Dr. lmam1 reported inmate Walker had "ibuprofen and caffeine" In hJs system at the time of his death Inmate Walker did not have any alcotlol in his system at the time of his death. Dr. lmaml stated inmate Walker had 'mulbpfe skin scrapes and contusions· on his scatp and forehead. The left sice of Walker's heck had ·s�in scrapes and pattern mjuries" Dr Jmami examined inmate Walker's ·1arynx and noted a fracture of the cricoid cartilage·. The left side of Wa!Ker's. chest reveared the "fracture of nbs #3 through #6 , according to Or Imam!. AdditionaUy, WalM.er's rrght eye was p1Jshed mto hlS eye socket, and he sustained a laceration 14 near his righ1 eye. According to Dr. Imam!, just below Walker's left ear on his neck was a "somewhat semicircular '(U-shaped)' pattern Injury with abraded areas along with some contused zones·. Dr. lmaml staled the pattern injuries were not caused by fists or from either a chemical aanister or a nashlighL Dr. lmami believed lhe pattern Injuries could have been caused by a1 least two separate strikes wi1h a radio or from boots. !E;l�ckground Revrew of lnvollied Officers A review of the below listed lnvolved officers' disclpHnary files were conducted. These officers were identified as being directly Involved with the use of force with Walker. Lieutenant Tyler Triplett Officer Edward Troyan Sergeant Errol Grant Officer Edward Sinor Sergeant Daniel Lynch Officer Thomas Weidner Sergeant Rosemary Harrington Officer Andrew Love Sergeant Ahsaki Jones OfficerMestely Saimervil Sergeant Kent Stott Officer Joi,eph Troyan The review focused on the officers' use of force Investigations and allegations of previous excessive forcelphysical abuse complaints. It should be noted that •use of force" may not be [ndlcatlva of Improper or excessive force on the officers' part According to Inspector Elrod, use of force reports are generated every time an officer lays hands on an Inmate outside of normal or routine transporting of inmates. An examp!e of a use of force could be an officer physically moving an inmate's hand away irom the food port to allow the officer to close it. Complaints of excessive force are Investigated to determine the leg,tlmaey of tne allegation. Excessive use of force andfor complalnts of physical abuse may be generated from any staff member, an Inmate, or as a result of a review of an organized use of force fncldent. All use of force and excessive force complaints are reviewed to determine the legitimacy of the officers' actions According to DOC Inspector Janene Mclaughlin, complaints are easily generated by inmates and may not be indicative of lmproper or excessive force. Accordlng to DOC Inspector Mclaughlin In order to sustain a complainl the complaint must tie corroborated by another staff member or captured on surveillance cameras. A review of the Involved officera' disciplinary file revealed that none of the officers had any excessive force/physical abuse allegations sustained. Matthew Walker was. a 6'02" black male, who was born on Augus1 8, 1968. At the time of his death he weighed approximately 242 pounds. Walker had an extensive criminal history which do(;Umented several arrests beginning on August 21, 1986 and ended with his last arr.esl on March 1. 2001. Walker's charges included, Cocaine Possession (2), Cocaine-Sale or Purchase (2), Disorderly Conduct (4), Loitering (2), Weapon Offense (2), Failure to Appear (11), Burglary (8), Resisting Law Enforcement Officer (2), Possession of Drug Paraphernalia, Robbery (3), Obstructing Police-Other (5), Grand Theft Motor Vehicle (3), Supervision Violation (2), Assault-Other, Conditional Release Violation, Larceny/Grand Theft; Damage Property-Other, and Making a False Report, Trespassing (3). Prior to Walker's last Incarceration on May 3, 2002, he was incarcerated three (3) prior times: November 9, 1987 to March 2, 1988; March 16, 1989 to November 22, 1994; and February 9, 1995 to February 4, 2001. Whil� incarcerated Walker was the subject of 46 dlscipHne reports confinement 33 times as a result. Walker's disciplinary history Included; Failure to Comply, Disrespect to Officer, Destruction of State Property, Refusing to Work. Possession of Negotiable, Inciting Riots. Possession of Fighting. According to DOC Inspector Elrod, Walker had no prior violent staff. Walker had no dlsclpllnary Incidents since 2008. and was placed in Disobey Regulation, Dlsorderty Conduct, Stolen Property, and incidents with prison Walker was sentenced to life in prison on July 2, 2002 for burglary and robbery, On July 30, 2013 Walker's sentence was changed from life to 20 years for the but!jfary charge and 15 years for the robbery charge. The 15 year sentence was concurrent with the 20 year sentence. Walker was scheduled to be released on March 30, 2019. !Summary Analysis After a comprehensive Investigation into the use of force Incident and careful review of the testimony of tbe Involved corrections officers and Inmate witnesses, .physical evidence, and the Medical Examiner's findings, the actions of some or all of the Involved corrections officers as reported by the corrections officers were not fully consistent with the physical evidence and overall testimony. Inconsistencies In the event versions were noted and vers1ons of the events were changed over the course of multiple tntef'llews. All of the Involved officers denied striking Walker. The physical evidence and overall testimony indicate that Walker was struck by offioer(s) numerous times during the use of force incident 16 !Norarlzatlon/1" SWORN ·oing fs true and correct to and SUBSCRIBED 4tday of r__y2 DC..� , 2014 £Lo-IP (Notary Publice("E._9;)) Special A 9-e'fuDave Staley §117. 10 F.S Florida Department of Law Enforcement 4700-1 Terminal Dr. Fort Myers. FL 33907 17