KIRKLAND , IMANI A TROOPER

TYPE: Personnel

CASE# 20090357
FINDING : Founded

Complainant:

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Complaint ofPersonnel Investigation 20090357
Type:

Sub Type

Personnel

Incident Date/Time
Report Due

5/6/2009

9:35 AM

7/22/2009 Level Inv.

T

1

Commissioned Officer Assigned No

K

Troop:
Mode Rec.
CTV:

Status: C

Phone

K6007 • CNONKERS

Report Location

IAB

10/27/2009

Synopsis:
Complainant alleged that Tpr. !MANI KIRKLAND struck his parked vehicle with a marked NYSP patrol vehicle
on 05/06/09 causing $2,000 in damages to complainant's vehicle while arresting complainant for Reckless
Driving. Tpr. KIRKLAND did not report his involvement in the alleged auto accident to a NYSP supervisor.
Incident Review per lnsp. M. J. Smith.

Classification:

@ubjects: :

I

TRAFFIC V IOLATION/IMPROPER USE OF A VE

Rank

Last Name

DOE:

TROOPER

Last Name

~Tni~1/ative Personn_el: · ·

CRISPINO II

CAREY

REA LMUTO

First

First

First
ID

Last

SMITH

NY

I

TZS

DOE
Zip

-

1

ID
Last

State

City Work Phone

ID
Last

SP Employee □

SexM

ID
Last

Ml

Rrst Name-

Rank

Address

6/28/2004

M/ A

First Name IMANI
Troop K
Location HAWTHORNE
CCC 2: IMPPA
CCC 3:

KIRKLAND

CCC 1: UNSAF

Shield

Finding: F

First

TZS K311

RECEIVING MEMBER
JOSEPH

Ml

J

Date/Time: 6/19/2009

MEMBER AT TROOP NOTIFIED
W ILLIAM

Ml

T

MICHAEL

Ml

J

10:00 AM

TZS K300

Date/Time: 6/22/2009

Ml

MEMBER AT DIV NOTIFIED
MARK

TZS K011

Date/Time: 6/22/2009

MEMBER WHO NOTIFIED TROOP

3:30 PM

10:00AM

TZS H132

Date/Time: 6/22/2009

11:00 AM

ID
Last

CAREY

First

ID
Last

Last

CRISPINO II

SMITH

Wednesday, October 28, 2009

First

MEMBER WHO NOTIFIED DIV
WILLIAM

Ml

T

INVESTIGATOR
JOSEPH

ID

REVIEWER

First

MARK

TZS K011

Date/Time: 6/22/2009

11:00 AM

TZS K311

Ml

J

Date/Time: 8/10/2009

TZS H132

Ml

J

Date/Time: 10/16/2009

Page 2 of 2

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NEW YORK STATE POLICE
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· MEMORANDUM
Poughkeepsie

Tr:oop~Station

Date_______O
___c...,;;
· t____
6 ____
be
____r__1___3__.~-·--2___0___0____
9

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- - - - -T-1--00r;- - -----,D~ep1:J1U1t1.~o-\''-.:!S~11mpeFUltem:leDt-Aothoey G, EUis,.leteroal Affairs ·Bure

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From:

Major William T. Carey, Tro_o p Co_mma-nder, Tr~op K

Subject: ·

COMPLAINT AGAINST PERSONNEL #20090357
TROOPER IMANI A.
EOD 06/28/04 - SP HAWfHORNE
COMPLAINANT
..__

KIRKLAND -

Reference is made to attached NYSP Level l Investigation Form of S~rgeant/SC JOSEPH
J. CRISPINO
II,
dated August 10, 2009, concenµng titled ,subject.
.
.Investig~tion revealed that on May 6, 2009 Trooper IMANI A KIRKLAND ~as involved.
_in a Division vehicle_property damage accident while operating 3Kl 8 with complainant Mr. and that Troopc:r KIRKLAND failed to report the accident to a supervisor.
. · . ·
By his actions Trooper KIRKLAND violated the following Regulation. of the New York
State Police Administrative Manual:
Regulation 8A2. by failing to comply with Rules, Regulations and Instructions,
specifically Article 5H2(a) which state~ "Member involved in an accident must
immediately notify his assigned Sta~ion or the Station neatest to the accident scene."
On October 13, 2009· Trooper KIRKLAND appear~ before me to adjudicate the ·
~isciplinary matter arising out of his involvement in this investigation and he was formally censured for his ·
actions. Trooper KIRKLAND was also assessed the loss of two vacation days to be worked by him
without additional compensation and/or-overtime.
A copy of my letter is attached.

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This matter is closed.
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NEW YORI( STATE POLICE
Troop "'K" Headquarters
2541 Route 44
Salt Point. NY 12578

HARRY J. CORBtTT
SUPERINTENDENT

WIUIAM T. CAREY
TROOP COMMANDER

LETfER. 01' CENSURE

October 13. 2009
Trooper Imani A Kirkland

New York Slate Police
Troop "K''

Hawthorne. New York
Dear Troope1 KirklancL

On October 13, 2009 you appeared before me at Troop "K'' Headquarters for the purpose of adjudicating a
disciplinary matter arising from your actions on May 6, 2009_
During our meeting we discussed the incident which occurred on May 6, 2009, while you were work1111g an
assigned I shift. As you patrolled the Sprain Brook Parkway in the Town of Greenburgh, you observed a BMW
traveling al a speed of94 MPH in a 55 MPH z.onc. You allempted 10 stop this vehicle and followed 11 as it exited the
Parkway al Tuckahoe Road. The car stopped al Westchester Car Rentals parking lot and you pulled in behind iit.
After placmg the operator of the BMW, identi fied as
under arrest, you noticed 1hat !he
push humpen. ofJK 18 were against the rear humper of1he BMW. You Lhcn backed 3K 18 off of the rear bum1per of
the BMW and checked both vehicles for damage. You stated you observed no damage and therefore did not c ontac1
a supervisor.
1

On May 3 1. 2009 the Troop K Traffic Section received a notice of claim from State Fann Insurance
Company which alleged that you had struck thm insured's parked car with a NYSI' vehicle on May 20, 2009 m 9:30
AM. When interviewed ahout this mattt-r, you stated that you were off duty on May 20 and I.hat you were 1101 11n 1hc
vicinity of Tuckahoe Road on that date. Furthtr investiga1fo11 revealed the insurance company was in error and the
date of the claim was correc ted to read May 6, 2009. Wl1en re-interviewed, you disclosed the infonnation regurding
your arres t of Mr. - - and the contact lhat day of your two bumpers.
As a result of my review of this matter, l find you guilty of violating Regula1ion 8A2 of the NYSP
Administrative Manual, specifically Article .51-12(a) which states ·'Member involved in au accident must immediately
noti fy his assigned Station or the Station nearest 10 the accident scene''. 1 hereby fonnally censure you for your
actions. You arc also assessed the loss of two vacation days to be worked by you without additional compensation
and/or overtime. I trust that this has been a learning experience for you.

cc · ~

r/&:

~(Y\~

~~
(!"-<-

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S1~

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~ ? Z ( '/ ./ -Wftliam T . C a r e ~

Major - Troop Conunarnkr

Genl.·;'

NEW YO~K STATE POLICE
MEMORANDUM

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· TroopK._Station

Pouphkeepsie

Date October 13,.2009

To:

·Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper,lmani A. KirklandJ.::

Subject:

DISCIPLINARY ,ACTION

I h~reby request to have the 'above captioned investigation adjudicated by the
Troop Commander1,,under the provision Rule 3, disciplinary action, of the New York State
Police Manual.. · · ·
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I waive the following:

1.

· The right to have this matter .disposed of by the
Superintendent or by a formal hea.ring.
.

2.

.

Any right to appeal from the Troop Commander's
adjudication which may be a determination of .
unfounded or, upon a finding of guilty, the
imposition of:
i.

A letter of censure and/or
.

.

ii.

An intra-troop transfer with my, consent, and/or

iii.

A fine to'be expressed in the loss of no more than
five vacation days to be worked by me with no'
additional compensation or overtime, antj/or

iv.

A period of probation not exceeding 90 days
, (which probation must be for a definite period
of time and must include conditions of probation
which, if violated, could subject me, without
the right df further inquiry or a hearing, to the
imposition of any one or more of the ,Penalties ·
that can be imposed by the Troop C_ommander ·
and an intra-troop transfer, without my consent).

Type of Co~plaint
~ Personnel Complaint

D Incident Review

D

Injury to Person

Member Receivi.n Initial Com laint

PC# If a

Name··

Rank

JOSEPH J. CRISPINO II
Reported By:
lett~r

0

Email [81 Fax

D

□
□

licable 20090357

Prior to custod
Being taken into Custod
While In Custod

SJS # 3000529

SGT/SC

D In Person

Telephone

O ~urvey-

TZS

Shield

K311

5256

Date·Occurred

Time Occurred ·

Date Re orted

Time Re orted

516/09

09:35AM

6/1/09 .

09:58AM

·

1-l--- - - - + -'-(rAI-Ged--+---

Name

IMANI A. KIRKLAND
Name

""'

t!

,~

.... ,.

1~:..,.

Rank

.,

.

TROOPER
i',,

Rank

.Race

Name

NONE
How Injury ~as sustained:

DNA

1

Name of Ho.spi_
tal or EMS:

.. ~ .-DNA
If Prisoner - Arrested for:

Treated by:
'

.

Treatment refusa.l witnessed by:

_Witness es
Name #1

JOHNJ. DUKE
Address

Property Desc'r iptio .

Property Value:

NONE·

$

iNSP 8 (Rev 4/09)

NYSP Level 1 Investigation Form

Page 2 of9
Date 08/10/09

Synopsis

PC:#20090357
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1. On 0~/31/2009, I was advised by Technical Sergeant CHRISTINE LOPEZ - Troop K Traffic,
that she r~eived a notice of claim for State Farm Auto Insurance Company which alleged that
Trooper IMANI KIRKLAND had struck their insured's parked car with a NY State Police vehicle on
Tuckahoe Road in the City of Yonkers on 05/20/2009 at 9:30am. Technical Sergeant LOPEZ
stated that she-searched the NYSP Administrative .Message System Database for a
corresponding AMS report for this incident and found no record on file.
·
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2. On 05/31/2009, I re.viewed the SP Hawthorne Work Schedule, Member Attendance Records,
·and Station Blotter for 05/19/2009 through 05/20tioo9 which air yielded no indication the Trooper .
KIRKLAND was on-duty or through SP Hawthorne during the morning of 05/20/2009. Trooper
KIRKLAND was assigned to an overtime B.U.N.Y detail while on Pass on 05/19/2009, and signed
out at 4:00pm. Trooper Kirkland did not return to duty until 7:00pm on 5/20/2009 for his
scheduled 2 shift. .
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·3. On 05/31/2009, I interviewed Trooper KIRKLAND about the alleged incident on 05/20/2009 at
9:30am. Trooper KIRKLAND stated that he was off-duty at that time·and did not report to SP
Hawthorne for any reason. Trooper KIRKLAND also stated that he was not in the vicinity of
Tuckahoe Road on the date and time of the alleged incident, and that he was not involved in an
auto accident in his personal vehicle or any SP vehicle on Tuckahoe Road on that date and time.
4. On-05/31/2009, I interviewed Sergeant ROBERT W. BROWN - SP Hawthorne, who worked a
B-line shift out of SP Hawthorne on 05/20/2009 {the ti.me of the alleged incident). Sergeant
BROWN stated that he did not recall if he saw Trooper KIRKLAND at SP Hawthorne during the
' B-line shift, but stated that he was not notified of any accidents on Tuckahoe Road involving a SP
vehicle or Member during that shift or anytime thereafter.
·
5. On 06/01/2009, I advised Technical Sergeant LOPEZ of the results of my investigation into the
allegation..
6. On 06/01/2009, Technical Sergeant LOPEZ sent me a copy of the Notice of.Claim f iled by
State Farm Insurance Company for review.
7. On 06/01/2009, I reviewed th·e Notice of Claim which identified State Farm ·l'nsurance
Company's insured party as
The State Farm l_nsurance Company
Notice of Claim is is attached to this report as enclosure#1.

8. On 06/01/2009, I conducted a person search in the SP Spectrum Justice System (SJS) which
revealed that
was the subject of SJS Incident Report#3000529. I
reviewed SJS#3000529 which stated that on 05/06/2009, at 9:35am, Trooper KIRKLAND
arrested for Reckless Driving.on Tuckahoe Road in the City of Yonkers. There was
no mention in SJS incident report of vehicle contact between 3K18, the vehicle that Trooper·
KIRKLAND was operating at the time of the arrest, and
vehicle, a 2001 BMW 325,
two-door sedan, color white, b~egistration
No other incident or arrests ·
reports were found in SJS for. . . . . SJS ln'cident R e p o ~ is attached to this
report as enclosure#2 .
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!NSP 8 (Rev 4/09)

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Page~of 9'
Date 08/10/09

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Synopsis

PC#20090357

9. On,,06/01/2009, I conducted a ticket search in TRACS f o r - w h i c h yielded
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UTT#Q720001 BSP issued to by Trooper KIRKLAND on 05/0~/200Q at 9:26am for
.. ,
Re.ckle.ss Orivir'lg, and UTT#3K1804KFSP iss.ued·t o - py Troope_r KIRKLAND on the
· . '. ~
~ n d time for Sp~edi~g'(94/55) with no other_ UTTs_located·i_
n the T~CS database for .
- Tlie TRACS search'-also yielded a one pag~ Genl-21/N:YSP Vehicle Impound and Jnv~ntory
Ru:
·e!f,()RIOFl'f'dw#CHl~~JV3K48QGQQ37,wRi~~~-F88f)E!r-lQR~LA.ND
tAe impol:fAEl-eJ-.
. - - ,~ . ' - - - - -....
. ~~- _vehicle -during the arrest. lf'-IV3Kj ~00037 states that there was no damaged,areas ,..,
- on
veqicle at the time of impound.
·
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UTTS #Q7.20001BSP aaa #3i<1804KFSP are attached to this report·as enclosure#3, and
Genl-21 .- INV3KH~OOQ37 is attached to this report as·enclosurelf:4.
·
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for

- - - - - . ..,_
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10. On 06/01/2009, I advised Captain .MICHAEL REALMUTO - Troop K/Zone 3 Commander of
·this investigation,
:/
·

> 11 .. ;'On.'06/02/2009, a check w~s con<;fucted Of th~ Automati~ V~hi~le·Locat6i'$' for all'patrol·
_.. vehicles as~igned to SP Hawfho~ne for 05/~0/2009, at'9:30am, which revealed that no SP ·
Ha¥hor'ne patrol vehicles were in the vicinity of Tuck~hoe Road at that time. • . -

12. Or:i 06/02/2009, a check was conducted of the Employee A~ss Card .Rec;1derSystem at the
· · SR Hawthorne which.revealed that Trooper KIRKLAND did not use his issued-employee access
· c~rd· to enter exit SP Hawthorne within a time period prior to or after the alleged incident tbat
"
·would indicate thatfrooper, KIRKLAND pa~sed
thr<;>ugh
SffHawthorne
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or.

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13'. On 06/04/2009, I called State Farm lns~rance Company, $00-298-0~9.f , and interviewed ...
Insurance Agent JO!-iN DETHOMAS,\vhO.had filed thEf Noti~ of Clciim on b~half o f -.
. DETHOMAS stated that the date of the incident w~s incorrectly·stated as 05/20/2009, ·and ·that
· the incident actually occurr~.d on,05/06/200Q (the date t h a t -,was arrested byTroope.r
KIRKLAND). DETHOMAS f\.lrthercladfied that the claim 'was filed on O!i/20/2009, and that was ··
wtiy that date was st~ted in error as the ~ate of incident on the Notice f Cl'aim .'•□!::THOMAS
·
· . advi.sed me. that he did' not corid.':l°ct a recorded stat~mer':tt With
when filed
· the initi~L~lciim to him telephoryi<?c1l(y.. D~HOMAS also stated .that
h_as -not filed any
paperw?r!< with _State F:arm .Insurance -Company ·tq date. for the claim.
· 14. On.~6/05/2009,)pontacted the City ~f Y,on,kers PQlice--Department R~cord Unit, 91'4-'377- .
7200, anp.was advisee that their agency has no rePQrts on file for reporting. an ayto
accident or darriage'fo .i,:is vehide prior to and after 05/0?/2009.
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. 15. Or:i Q6/05/2009,·I contacted t~e Westch~ter CounJy Department of_Pul;>lic S ~ d s
Unit, 914-86~7701, and W.glS advised that their agency has no reports on file f o r - reporting art auto accident ~r damage to his .vehic~e prior __to and after 05/06/2009. ·
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_ 16:, On-061.05/2009! Technical Sergeant LOPEi contacted the NY$ OMV Field lnvestiga~ions
. U h i ~ 6 8 1 ,. and was advised that there is QO Ci~ilian or POiice Accident Reports on File
f o r - f o r this incident. , 1 ., .
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17. On 06/05/2009, 06/07/2009,· 06/08/2009, anl06/09/;WQ9, I left·telephone messages for . .
at
, the only telephone ,number on file f o _ , to contact ~e .
regarding thi~ investigation.
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INSP 8 (Rev 4/09)

NYSP Level 1 lnvestiga!ion Form

Page4 of 9
Date 08/10/09

Syno1;>sis ·

PC#20090357

18. On 0(;3/10/2009 and 06/11/2009, I conducted residence checks f o r - a t ' and
, with no contact made with
Both. addresses were ob\ain'ed from OMV database searches.
19. On 06/12/2009, I was contacted telephonically by JOHN GUARNERI, Attorney at Law, 35
.East Grassy~d,_Suite 204, Yonkers, NY 10710, 914-961-1359, who stated that he is
- -- -- - ~ ~ o r - h i s - R e e k ~ ess-9r-iviR~eRaFge,-ancl-dld-net-waAt-:-F R-~ak-to- -- - -- - -- --l
- - about this investigatio~. despite being advised that the accident investigation is
independent of the reckless driving charge and is solely focused on the alleged damage
• sustained to__
vehicle. GUARNERI stated he would-consult with and
recontact me regarding this investigation.
20. On 06/19/2009, 1·contacted GUARNERI who again stated that he a d v i s e d - to
decline my request for interview for this investigation. GUARNERI did provide me with a fax copy
of a damage repair estimate from A#1 Auto Body AH; Inc., 4557 Furman Avenue, Bronx, NY,
10470, 718-325-1002, in the amount o'f $2,089.16, for damage allegedly sustained to
·
vehicle. The damage repair estimate was dated 05/20/2009. GUARNERI also
provided me with the following witness information: JOHN DUKE and NICOLE PAGNANELLA,
employees of Westchester Car Rentals, 333 Tuckahoe Road, Yonkers, NY, 914-961 -5100. The
A#1 Auto Body AH, Inc. Damage Repair Estimate is attached to this report as enclsosure#S.
21. On 06/21/2009, I advised Captain REALMUTO of the status of this 'investigation, and he
directed me_to complete and submit a Personnel Complaint Work ~heet for this investigation.
22. · On 06/22/2009, I was assigned by Captain REALMUTO to conduct an Incident Review for
this investigation - Personnel Complaint Investigation #20090357 assigned.
23. On 06/23/2009, I interviewed Sergeant BROWN, who.worked a B-line shift out of SP
Hawthorne on 05/06/2009. Sergeant BROWN stated that he did accept $250.00 station bail from
during arrest processing conducted by Trooper KIRKLAND, and neither nor Trooper KIRKLAND advised him of any contact between t_
heir vehicles on 05/06/2009 or
anytime thereafter. Sergeant BROWN completed a one page Genl-7/Memorandum for this
investigation which is attached to this report as enclosure#6 .
·
24. On 06/24/2009, I contacted JOHN GUARNERI to arrange to take photogrpahs of the damage
to
vehicle. GUARNERI advised me that I would be able to observe and
ho
vehicle at
place of employment,
, on this date at 11 :45pm.
25. On 06/24/2009, I patrolled to
as arra~
not observe
vehicle on or near the Hospital grounds. Calls made to. . . . . . . . celi phone
·and interior check of the Hospital yielded ho contact w i t h - . .
26. On 06/25/2009, I recontacted GUARNERI who stated he would arrange f o r vehicle to be available for my observa_tion on June 30, ?009 .

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INSP 8 (Rev 4/09)

NYSP Level 1 lhvestigation Form
Synopsis

Page5of9
Date 08/10/09

PCp20090357

27. On 06/30/2009, I patrolled to
and located
vehicle
on the premises. I did not observe any dam~vehicle, and contacted
to
direct my attention to the alleged damage. . . . . . identified the damage as two small black
vertical paint scuffs on the center of the rear bumper which were approximatley 2,5 inches apart,
a hairline crack on the bo~om of the left side of the rear bumper, and further stated that the,
bumper was dislodged from the right quarterpanel and was reattached (not visible), the muffler tip
_ _ __ _ _...._.,a.,..v.....e~rs_wer.a.damaged.ar.1c:Lo01ALraplaced,-al'.ld-t.tl~mf)ef-SYpf)8RS-1:1Aeer-tl=te-e1:Jmpef-wer--- - -- - -- - crushed (~o.t visible). did not identify the.point of cci~tact on his vehicle from 3K18.
28. On 06/30/2009, I took 7 photographs of enclosure#?.

vehicle are attached to this report as

29. bn 06/30/2009, I physically inspected the front of marked SP patrol vehicle 3K18 at SP
Hawthorne. 3K18 had no visible da.mage to the front of the vehicle, and is equipped with push .
bumpers that have a rubber coating approximately 2.5 inches wide on each fronfof each of the
two vertical bars which comprise the push bumpers. The measurement of the width of the push
bumper rubber coating is consistent with the approximate width of the two small black vertical
marks that were observed on the rear bumper ofvehicle. lnspectlon of the interior
of 3K18 yielded no audio or visual recording equipment installed in the vehicle.
·
30. On 06/3Q/2009, I took 2 photograph of the front of 3K18 which are attached to this report as
enclosure#8.
·
31. On 06/30/2009, I completed a two page Genl-34/Photo Record for the photographs taken
which is ·attached to this report as enclosure#9.
32. On 07/02/2009, I interviewed witness, JOHN J. DUKE, · at Westchester Car
Rentals. DUKE stated that he was in the parking lot at Westchester Car Rentals on 05/06/2009
at approximatley 9:30am, when he observed
white BMW quickly enter the parking
lot driveway and come to a stop. DUKE then observed a marked NYSP vehicle (3K18) enter the
same driveway seconds later and rear-end the white BMW. DUKE then observed Trooper
KIRKLAND arres! DUKE did look at the rear of
BMW, ~nd did r.ecall
observing the two small vertical black marks on the center of the rear bumper depicted in
Plioto#5 ol enclosure#8. DUKE stated he did not know both Trooper KIRKLAND and prior to this incident, and he does not know if the black marks on the rear bumper were a result of
the rear-end impact or if they were present prior to the vehicle impact. DUKE completed a two
page Genl-4/Supporting Deposition for this investigation Which is attac;:hed to this report as
enclosure#10 .
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33. On 07/02/2009, I inte~iewed ~itness, NICOL:E PAGNANELLA,
at Westchester
Car Rentals .. PAGNANELLA stated that ori 05/06/2009 at approxim~m, she was at her
desk in the office at Westchester Car Rentals when she was advised by co-workers that there
was an arrest occurring in the parking lot. When PAGNANELLA looked outside, she oberveq
in the ·police v ~and noticed that_the front of the police vehicle (3K18)
was against the rear of the ~
BMW. PAGNANELLA did not exit the office and did
not observe damage on either vehicle. PAGNANELLA completed a one page Genl-4/Supporting
Deposition for this investigation which is attached to this report as enclosure#11 .

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INSP 8 (Rev 4/09) . ·

NYSP Level 1 _
I nvestigation Form.

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PC#20090357

· . ··Synopsis

·. 34. Oh 07/02i2009, I interviewed CHAD ORLANDO, _
, .
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■, (P(esident ofVXestchester Cai: Rentals) wh_o stated he. was working on 05/06/2009 at
· 9:30am, but Was.riot at the premises and did no\ witriess the vehicle contact between 3K18 and
the BMW. _ORLANDO stated that his. only employee·s 1at Westchester Car Rental are DUKE, .
PAGNANELLA; a_nd QAMIAN ROYSTER. (who was not. scheduled to work or.i 05/06(2009 until
1· ·
12:30pm).
·
·

...
·-.

35. On 07/02/2009, I interviewed· DAMIAN ROYSTER,
·
. . . . . who sti;lted that he.was not pr~sent at Westchester Car Rentals at the time of this
'iiicicierit."YSTER state th~t he_~i.d -arrive at work at ~pproximately 12:30pm on 05/06/2009.

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36. On 07/13/2009, I again contacted GUARNERI to request an interview with
·this investigation ~hich he declined. G!,JARNERI stated that is due in the City of · ·
-Yonkers _
Court sometime in September, 200_9, for the Reckless Drivjng charge: and·h~ would not
, , advise ~o speak with me until the case is di~posed . · ·
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. .·. -~7. -~n -07/~9/2009, l' int~rv~ewed Troope~ Kl~KLAND·-~t.SP Hawthorne rega-rding this .lnciderit

,.

after I advlse<;1 Trooper KIRKLAND of his ri~ht to PBA representation f(?i' this matter, which he
· declined. T:roo'per KIRKLAND stated that .on 05/06/2009, he observed (
white .
BMW traveling on ihe Sprain Brook Parkway southbound in the Town of Greenburgh at a speed
of 94 mp'1 in a 59 mph zone. As he d~ove after the BMW with the emergency,lights1and siren of
3K18 activ.iated fo effect a vehicle and traffic stop on the BMW, the BMW attempted to evade
· Trooper KIRKLAND py uosafely moving from ·Iane to lane while cutting off and t~ilgating oth·er ·
vet,icles. Trooper KIRKLANO observed the BMW exit th~ parkway at the Tuckahoe Road exit,...
. drive past a stop sign without stopping, and rriake•a quick right tum into the driveway' of·
. . Westchester Car Rentals, which had an obstructed view of the ariveway. Trooper KIR.KLAMD
· stated while driving.after the BMW, he al~o mad_e a qui.ck right turn into the driveway of
Westches'ter C~r Rentals,·observeo that the BMW was stopped, and quickly exited hi~ vehicle to
·a~rest t~e operator of the BMW w~o he l~ter identifed as After placing _
under arrest~ noticed that the pu$h bumpers of 3K18 were·again.st.the rear bumper of th~ .
BMW. T_Fooper .KIRKLAND then backed 3K18 off of the r~ar b1,.1mper of the BMW and checked
both vehicle fqr _damage. Trooper KIRKLAND.stated that
did not observe any damage to ,
: either v.ehicle, and when shown the 7 photographs that I took of the BMW, he stated that he .did
not obserye any of the damage depicted in the photographs o_n the BMW _at that'time. Trooper
.(
K IRK[.ANO also stated that he did notfeeLany impact between 3K18 and the BMW when he
stopped 3K18 to arrestand that ~K18 was in park when he refumecf to 3K18 to b~ck ·
'i t off of the BMW. Trooper KIRKLAND did not notify·any SP S1,Jpervisor of the vehicle impact at ·
·the scene'. or at any time therafter· because there was no damage incurred to either vehicle. to .
report:- Tr~per KIRKLAND stated that never .mentioned to hir_n througho!-lt their
interaction on 05/06/2009 that he he felt or observed any vehiole impact this incident. Trooper
( . KIRKLAND completed a two page Genl-7/Memorand1,.1m.for. .th.is jnvesti9ation which is attached to .
this r~port as enclosure#12.
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3~. ~n. 08/21 /20b9' .I C0°m pleted
104A/Police· Accident Report#SP~631 0000.30 for: 't~is ,
· investigation which is attached to this report as enclosure#13.
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39. bn 08/26/2009, I completed AMS Mes·sage#AMSP419000015 for this investigation which is
attached to this report as enclo~ure#14. ·
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INSP
,; 8 (Rev" 4/09)

o'NYSP'Level 1 lnvestig~tiort Form

Page 7of 9
• , ·o ate 08/10/09

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Synopsis

. l?C#200,9Q.357

CONCLUSION:

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Investigation· intc;, this matter has revelaea tha~Trooper KIRKLAND failed .fo notify ~
. ROBERT BROWN. or any other Member of the vehide contact between 3K18 and 111111111111 .
vehicl~ on the date that it occurr~. he did not.allow for proper documentation .and photographs to
be taken of both vehicles to protect the NYSP from any litigation and false claims. Beca□se
. .
..· ~ e l - e & e f } ~ s t - f o r an interview-fer-tflis-iflvesti~...
oA...;-+i...
m-,e-s-ti-ga...t~i•o-A>------,into: this matter was 1,1.nabl_e to uncover ·w h y -_also·did not repqrt the vehicle contact to
Sergeant BROWN\whe,n he was ih direct co!lt~ct _with Serge~nt BROWN while p_osting st~ti9n bail
. on his own behalf to·segeant BROWN at SP Aawthorne, and w h y - did not file a claim
with his auto insar.ance.conipany and obtain a damage repair ~stimate until two weeks after the ·
alleged damage occurred. Direct ~bervation o f - vehicle revealed that the two s·mall
· ·paint scuffs in the center ef .the, roar bumper are consistent with contact fro111 one of the vertical
'.i
· push bumpers installed on thefront of 3K18. The damage to the re·ar bl.imper supports cannot be·
substar:itiated as I was unable to inspect the bl.Imper supports which ~re installed underneath, . · ,,.
·an9 are ccivered_.by, the ·rear bumper.. l he hairline :crack ,on tlie lower left re~r bumper, and the ,
•alleged damage.to the rnuffler"pipe tips cannot b~ substantiated by this investigation. · - did not ·produce th~ allegec! damaged muffler pipe tips when ·1 inspected the vehicle, a ~ ·
damage to the lower-left bum~r and muffler pipe tips is not consistentwjth a rear end/center
,impac;t from the push ~uinpers in~tall.e d on 3K18.
. :·· · . .~ .
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All facts·obt~ined durlng l his-investigation.:conclude that Troop~r IMANI KIRKLAND did vic;,late
Regulation 8A2 of the New York State Polipe•Rules and Regulations:
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. Regulation 8A2. "It shail ~ the duty ofall Members to stuc;ty
comply.With the Rules;
.
· R,eguJations and lnstruetions and to require like compliance of all oth~r Members under their, ·
.s~pervision or control._._ Tlle Rules and ~egulations an~ promulgated by theSuperfr1tendentand
, )
· · c;tpproved by th~:Goverrior for the discipline,and control .of the Division. Rules, Regulations and
lnstruc.tions are pu~lished by the Superintendent inlhe New York-State Police·Manual and .,/copy
:·i of this Manu.al. is issued· to every Mem~er. · Failure to comply with any·R1;.1le,· Regulatioii, or .
. ·
Jnsrr,uctior.i shall make a Member subject to·disciplinary actior:i as provided tor· in the. Rules.~,
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Specifically, Trooper KIRKLAND d!d violate .Arti9le 5H2(a),of the·New York State Police
:Adm inistralive Manual:
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•Article 5H2(a) "Member Involved IAAn Accident: Immediately notify your assigned Station or the . ..
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INSP a·(Rev 4/09)

NYSP Level 1 · 1nvestigation Form
Synopsis

Page Bof 9
Date 08/10/09

PC#20090357

Enclosures:
#1 - $tate.Farm lnsuran~e Compal}y Noti~ of Claim _·
#2 - SJS Incident Report#3000529
·,
#3 - UTTS #0720001 BSP and #3K 18041<'.FSP
#4 - Genl-21/INV3K18000037
#5 -A#1 Auto Body AH, Inc, Damage Repair E_stimate for N Y -

- - - # 6 - G e i : ii..:ltSer:geaA~~ER+6RQWJ\-i-J'-----,---- - - - -- - - -- - - - -- - - - - #7~- 7 Photographs/ NY-

#-8 ·_ 2 Photographs / 3K 18

·
#9 - Genl-34/Photo Records
# 10 - Genl-4/JOHN J. DU.KE .
#11 - Genl-4/NICOLE PAGNANELLA
#12 - Genl-7/Trooper. lMANI KIRKLAND
.
#13 - T RACS MV-104NPolice Accident Report#SPQ631000030
# 14-AMSP41900Q015
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81~0109
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20090357
· Memo(s' of: TPR. IMANI A. Kl~KLAND, SGT. ROBERT W. BROWN

[81 Yes

Yes [81 No

AMS # AMSP41900001.5

O DNA.

.

·-..._
Other Tenninal Messa e

0

□ Yes □ No [8I0NA

Genl. 91 -Vehicle·Pursuit Fonn

Audio Ta e or CD -# Enclosed '

□ Yes

Video Tape or CD -# Enclosed .

Enter $ource

Transcr\ tencloseci· □

Genl. 34 - Photo Record

[81 Yes [J No

ON

DNA

··

'D DNA

Yes [81 N6

Enter Source
MV104. Police Acc.ident Re ort

Geni. 81 - Medical Records'Release for: .

. ·,
· Otller: SJS INCID RPT#3000529

Other: VEH DAMAGE ESTIMATE

·From:

~ concur with the findings_ofthe Investigation.

(Signature)

, 'From:

.81. I concurwith the findings of the lnvestigc1tion:

founded
Date
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-~ule 3 Waiver Form -attached

No Action Warrante~ / D
Probation

D'

D
Letter of Censure · □ ·

# of days

Loss of Annual Leave days

..Cop of memorandum of dis osl.t ion to Membenttach~d

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Intra-Troop Transfer

D

# of days

DNA

[81 ·v es □ No □--DNA

Statement s of: JOHN J. DUKE, NICOLE M. PAGNANELLA

Genl. 89, Use of Chemical Spray.
·, Re ort
·

O No · 0

D

0

DNA

'

PAGE

TRAFFIC

06/01/ 2009

0 9:58 . 1845 6777335
.
OS/~8/~009 ~au ~5118 F~ S18~S78PJ2

ENCLOSURE #1

0 2/03

13Joo l /00 3 .

..

St a t e. Fa r in I. n su r a ri c e Co mp a n i ~ s
'New Yoii( Auto Ch1lm Cffltrl.ll
P.O. 6ox 8021
. ·
,.
Ball11ton Sp~, NY 1 2020-8021 .
Hours of O~r11\ion:
'
Monday • Friday: ?am - 7pll)

May 21, . 2009

.
..... . .S~l,!f9'_V. .. ....:...... !l!!JlI_' ~P!:!'I ,. ; , ··~• .

New Ybrk State Police
1220 washingtpn Ave Bldg·22
Albany, NY 12226 ·

,
··:•.. -·.

. oate of

Loss:

....
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€J.aim •:.N\ltTll?e:t:, .. . . . . . . . . . .. : .•: , .. ·

.RE·:

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Location of L o e ~
Our Insured:
----

· To Whom It May _Conoern:
Notice of ClaiJn

'******~*************•*************""*********

In the Matter of the Claim of
State Farm Mutual Automobile Inaurance ·company
against New York State Police
•
•

** * ************'It*********'************.*****
,ro,t

PLEASE TAKE NOTICE that I, St ate .Fann Mutual Automobile Insurance
Company, the under-s,igned, p~t"suant .to the Statu_tes irt such cases

made and provided, do hereby make cltl.im aga.inat New Yprk State
P'olioe ; t ,h e s um of Pending, $Pending· and in s upport of such claim .

do sta te the . followi ng :
l. My name . is. State Farm Mµtual .1\utomobil.e · Insurance Company and.
tny post offioe address is: PO BOX 8021 Ballston Spa NY· 12020.

2.

The claim· i s ~ dama~es sustained t~ ; a 2001 Bmw

•32~Ci, owned by - - - -

:

3·. · The time thie claim aroae and damage's hereinafter alleged·
were sustained at a~proximately 9:30 •AM on May 20., 2009.
4 . The particuiar place .o f t:;h.e sustaining of such damages was on
Tuckahoe Rd .:Near Sprain Brook Pkwy. ·
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HOME OFflCES: BLOOMINGiON, 11,UNOIS 01710,0001

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;

06/01/2009

.

184.56 7-77335

09:58

(

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~ · /···.····1 ENCLOSURE #1

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Ma.y 2';1., , 20 0.9

·.

5 •, The s~id d~ges ·for ~hi~Q. .claim . is\ h~i-eby
£0.ll.o wing
way:
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made .arose

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WI'l'1 · Your ·vehicla · driv.e n1 by. Iman Kirkland;' ba~ge #5185·,
strµck our insureds· parked vehicle.
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May. 21 ~ 200,SI ·

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WHB~FO:RE, I :·re~p~c~ful,ly request that ·t;ni,,e, my claim; be· allowed

I

and p~id by .the said ·name.
· D~te: · May 21, ~009 ·

,

St.ate Farm Mut ual Automobile Insurance Company
· (aoo} 29a-·os91 EXt. 3302
,,

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, State Farm Mutual Automobile Insu~ance ,Compa.µy, being duly sworn,

says'tlfat he/she is the claimant named in the for.eg6ing · claim;

· that be/she has ·read the same and know.s th~ contents thereof·;
th~t .th~ same ia true to hia/her own Jcnowledgt; ~aept as, to ,the
I,

ma tter alleged

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upon information .and·belief as to. those matter~ · he

believ.e~ i.a t o ' be t~~.

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· qoUNTY OF Saratoga:
STA'l'E OF NEW YORK

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No.81"""1867'1

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Qualified"' . .satoaa Counlf

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ENCLOSURE #5

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A #1 .A UTO·B.O DY AH, INC.
4557 FURi.'\1AN AVENtJE • BRONX. NEWYORK 10470 • (718) 325-1002

BJMAl'E PSEPNEP fN.

OOOMmR

HUWC$ COVl'MN

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DESCRIPl'l0N

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TOTALS
illltittli:nll bciaad ..., -r illapaction• and don flOf
oddltlottal porta or lobor wh';ch may be ; ~ oflief' the
wade has bMtl ltar16d. Oc:o:atlonca~, ~ or damcv,d par11 ore
d'.--w wt.ch fflay . . . be aMNfll 0111 lhe~rd impedio,s_ hczM.

l11• abawo is Ot¥#W Ol'l'f

of~1heCID0"9pril:aacnl'IOfQ\IGilOidwd.~ons-ts.GIICI

1oi---~Gflclsu&i-,10~

TOTAL PAR"m........................_,_, ................................$_...;!~~_._!.:.:
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TOTAL LABOR...- ....- ... ···-·..··~-·--·-- .••......s_

_ 't_,___,~C!OS~·;:;..:7~o

lOTAL REFINISH......................... ,_..••..•.••.•• $._ _ ____._ _
TOTALSUBtET._••....•..• :...................i., ... ..$._ __ _ _ _

AUTHORIZATION FOR REPAtRS
Yoo ore herepvauthoc'tzed to make 'the above repairs:
~
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MSC._.....................,. ........ _.,,.;.......~.....................$__:_

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6£EII96t-16 :·xvtl

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_'Genl. 7

ENCLOSURE #6

NEW YORK STATE POLICE

-

·-- --. -

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SP Hawthorne

TroopK._Station
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. Date_ _ _
.1 _ __.J..,..u_n_e_2_·3,....r
__d....,.....2"""0__0___
9 ·
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. Major \yilliain T ..c ·arcy, Troop Commander; Troop K

To:

)

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From:

Sergeant Robert W. Brown ~/) .

Subject:

INCIPENT REVIEW-SJS#3000~29

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: . On 05/06/2009, 'I was working a B shift -out of SP Hawthorne. At appr~ximately
10:30am,
·Tpr.
IMANI KIRKLAND arri-yed at SP Hawthome·wi
under\
. .
..
arrest for Reckless Drivirig. Trooper l(JRK:L,AND stated to me that
attempted to
evade himwnen he initiated a·vehicle and traffic stop.
was processed without
incident'and $250.00 station bail was securedJrom him.
~as in.SP Hawthorne for
approx4nately one hour. At IJ.O time did
or Trooper KIRKLAND state there was ·.·
contact made between the vehicles· or that either vehicle ·s~tained damage puring the traffic s:top. ··'
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_MEMORANDUM
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ENCLOSURE #7

PHOTO#l

Administrative Investigation 20090357
Complainant:
•
Photo Taken On: June 30, 2009
Photo Taken At:
Photo Description: NY Registration
(fro1nt view of vehicle)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

ENCLOSURE #7

PHOTO#2

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At:
Photo Description: NY Registration
(rear vtew of vehicle)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

ENCLOSURE #7

..'
PHOTO#3

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At:
Photo Description: NY Registration
( cracked lower left rear bumper)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

..

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t

ENCLOSURE #7

.,
t

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PHOTO#4

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At:
Photo Descript'ion: NY Registration
(cracked lower left rear bumper - closeup)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO ll

ENCLOSURE #7

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•

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PHOTO#S

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At:
Photo Description:·NY Registration
(two abrasions to paint on center rear
bumper)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO TI

ENCLOSURE #7

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PHOTO#6

Administrative Investigation 20090357
Complainant:
Photo Taken
Photo Taken At:
Photo Description: NY Registration
(right side rear bumper - no visible
damage)
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

ENCLOSURE #7

...
PHOTO#?

Administrative Investigation. 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At:

Photo Description: NY Registration

(left side rear bumper)

Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

ENCLOSURE #8

..
PHOTO#l

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At: SP Hawthorne, T/Mount Pleasant, NY
Photo Description: Front of 3Kl8
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPINO II

,'

ENCLOSURE 18

.

PHOTO#2

Administrative Investigation 20090357
Complainant:
Photo Taken On: June 30, 2009
Photo Taken At: SP Hawthorne, T/Mount Pleasant, NY
Photo Description: Front Push Bumpers of3Kl8
Photo Taken By: Sergeant/Station Commander JOSEPH J. CRISPrNO IJ

·GENL . 3 4 REV. 10199

Compl~te a separate form for each investig,
• Print all entries
.

T IME

I!) LE A::> #

INVl:STIGATING M EMBER

· So-r sc.
CRIME·

.:f::T. (::!,~i?-

ENCLOSURE #9

INSTRUCTIONS: •

, iPHOlf.G•RECORD

PHOTOGRAPHER'S NAME

_,::O:::o=- ·.r~rz

Jk

R INC I DENT

" ')).,,, ;,,.., ~-,--_ .1-1 v i,,,.eJ.,, ii.a.

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WEATHER

A~

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ADDRESS OR LO CATION

J'JJ

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em/aves

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,

.

OF SCENE

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CV.TE ·suBMITTEO TO 10 SECTION
ROLL#

PHOTO#

-2
3
4

5
6
7

8
9

10
11'
12 ·
13
14
15
16
18
· 19

20
-21
22
23

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-27
28

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30
31

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33

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36

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OF

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GENL. 34 REV 10/99

Comptete,'a separate torm· for each investtga1
• Print all entries
·

I NSTRUCTIONS: •

• ,PHO-TO RECORD

.,

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ENCLOSURE #9
TI ME

DATE
CICC.,..N

I NVEST IGATING M EMBER

.

i

JC

J,.O, fh.Fi

I

PHDTOGRA

¥-;a:::. (dSL,

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CRI M E, OR INC DENT

A DDRESS OR LO CA TI O N

COUN TY

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QI.TE SUBMITTED TO I D SEC T ION

ROLL °fl
P HOTO#

OF

DESCRIPTI ON

2
3
4
5
6
7.

8
9
11

12

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GeNl.-4 (03/05)

New York State Police

...

• ·S.U PPORTING DEPOSITION (CPL§ 100.20)

PAGE /

THE PEOPLE OF THE STATE OF NEW YORK

OF

ENCLOSURE #10

-vs.

DEFENOANT(S)

LOCATION OF INCIDENT:

LOCATION OF DEPOSITION:

STATE OF NEW YORK

.._
---- - -COURT

COUNTYOF _

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STATE OF NEW YORK

COUNTY OF

vi,'t
_ ttf-_1t:/l
_ ~_~----OF

-----------

-~""--~.;..._...&..;;;.____ _

OF

--'-"--1-~
----

NOTICE
(Penal Law § 210.45}
In a written instrument, any person who knowingly makes a false statement which such person does not believe to
be true has committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor.
Affirmed under penalty of p~ury
this

~

dayof

J~

- OR• Subscribed and Sworn to before me
this _ _ _ _day of _ _ _ _ _ _ _ _ __
• Thia IDml n - be__,, 10 o n l y " " " " ~ ,equited by Ille court

Page 1 - ORIGINAL

Page2-COPY

2--

Page 3-COPY

Page4 - COPY

GENL.◄ (03/05}

New Y011c State Police

PAGel::.oF :)...-

• -S.UPPORTING DEPOSITION (CPL § 100.20)

•••

THE PEOPLE OF THE STATE OF NEW YORK

ENCLOSURE #1 0

-vs.
~

-

DEFENOANT(S)

LOCA T/ON OF INCIDENT:

LOCATION OF DEPOSITION:

- - --- - - -COURT

STATE OF NEW YORK

COUNTY OF

STATE OF NEW YORK

Wdf-RAtM~

_C_i:o/
__

OF

OF

~

NOTICE
(Penal Law§ 210.45)
In a written instrument, any person who knowingly makes a false s~tement which such person does not believe to
be true has committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor.

Affirm:,p;;:tr penalty of~ury
this

day of

::J ti

l:7

-OR• Subscribed and Sworn to before me
this

- - - -day of------- ----

0Thilbm-bll,-n11>of11y -opec;ilaolly,......St,ylhec:ourt

Page 1 - ORIGINAL

Page2-COPY

Page 3 - COPY

Page4-COPY

GE~◄ (O~)

New Yonc State Police

•• ·SUPPORTING DEPOSITION (CPL§ 100.20)

..

PAGE_!_oF

THE PEOPLE OF THE STATE OF NEW YORK

ENCLOSURE #l 1

-vs.

-

OEFENOANT(S)

LOCATION OF INCIDENT:

LOCATION OF DEPOSITION:

STATE OF NEW YORK

--- - - -COURT

COUNTYOF

~tlf@!{,~

STATE OF NEW YORK
COUNTY OF

a,7!1

~..r .

OF

~,ek.J'rl!.12..
OF

~J

NOTICE
(Penal Law§ 210.45)
In a written Instrument, any person who knowingly makes a false statement which such person does not believe to
be true has committed a crime under the laws of the state of New York ·punishable as a Class A M.
Affirmed under penalty of perjury
this

Jl4':

day

ot_$~v...,"J_____. #:t1
-OR-

• Subscribed and Sworn to before me
this

- - - -day of------- ----

• fhll """' nNd be -

IO only

-ft

-.,.dl!Clly _,;recs by the court

Page 1 - ORIGINAL

Page2 - COPY

I

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Page4 - COPY

1

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Geol. 7

I

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ENCLOSURE #12

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NEW YORK STATE POLICE
•

•!

.

., ... . . . - - . .,. _ _j
I

•

MEMO.RANDUIVI·

\

(

· TroopJi.._Station •,
\

\.,

>

SP Hawthorne

_____

'

r .

_ ' ,,........
..,......__
July 29, 2009

·. Date......................

l

. ,.

Major '\;Villiam
T. Carey; Troop Commander: Troop ,I<
I

.

(

./

'fr.,ooper Imani A. Kirki~nd

From:·

Jl;

. y

I

' .

-·

. ,·

IN{:IDENI: REVIEW r- SJS#3000S29

Su,bject:

j

;

.

'

...

(

· · · I have been.directed to submifthis memoi:andum UQder Arti~\e 16..lq>) oft~e-Agreement
between the State of New York and the PBA. I have been offered representation, to -which I am \
· entitled dtµing an interrogation pursuant-to.Article 16.2(A), and submit this memorandum ·
accordiµgly.
.
, ,
' ·
•

.•

X

•

r

:'

.

,... On 05/06/2009, I was working. a 1' shift out of SP Hawthorne. At 9:35am, I was-running
stati~nary:rad.arm .mar\(edDtvisi_o n vehicle 3:K.18. on the Jac~on Aveque entrance ramp to·th.e ··
Sprain Brook Parkway southbound in the Town of Greenburgh when I observed a white BMW
driving at 94 miles per hour in .the right lane·ofthe parkway. I pulled out aft~r the BMW: and the ·
'"'
BMW accel~rated, _swerved from lane to lane, and was tailgating
cutting off other cars in an .
attempt to ev~de me.· l ~ctiva!ed the emergency lights and siren of 3Kl-8, an.d .continued in traffi~
·,· ~fter.the BMW. The BM,W exi~ed the Sprain BrooJ( Parkway offtl?-e Tuckahqe Road exit r~p· ,
·' in the City of Yonkers, driving past th~ stop sign at the end of the exit ramp. The BMW then
made .a ~ght onto Tucbhoe Road, and another .qtiick right into the _parking lot of Westchester .. · -Car Rentals, 333 Tuckahoe Road. I followed the BMW onto Tuckahoe· Road with 3_Kl8's ligh,ts .
and siren still ·acJivated, and lmade a right turn into .the parking lot of West~he~ter Car Rentals.. .
-✓ A.§ I ~ntered the paiking--l.ot I observed the BMW sto ped,' and I quickly qune .to a stop and
. . · placed the vehicle operato;,
under arrest for Reckfoss ~DriYiing. After ·
1
' · pl_a cing
~der arr~st, I noticed that.the front push.humper o£3K18 W¥ resting .. ·.
against the.rear bumper of th
BMW~ registration'-I then took the
vehicle out of park and.backed 3Kl8 off the BMW, and I carefully inspected the froht of3Ki8
and the ~ear of the BMW~There was al2solutely ·n o 'clam.age of any kind•observed on either ·_
vehtcle. I did not fed any contact between 3K.18 and the BMw,. while I W<!S coming to ·aquick
.'stop to arre~t'MCTAVISH- I then impound~BMW-and transported '
fo SP HaW,thorne to poststation bail for the Reckless"Driving charge. Sergeant
ROBERT BROWN ~ecured $250.00 st~tion bail fr~m
at SP liawthorne, and
w.as issued UTT's returnable to the City of Yonkers Court ori 05/14/2009 and
: released. I did ~ot notify.Sergeant BROWN oft~ cqntact b~tween the push burnpe~ of3K18

and

- -.

.

·- .

•

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ENCLOSURE #12
BMW because there was no damage on ~ither vehicle to report.
I
also did not advise S.ergeant BROWN of the vehicle contact, or:alleged damage
'during the hour and a half he was being proc~sed at SP Hawthorne.

(\

l

J

1 of

Page
/

·,,

"-

'1 ~:

!-~~

3 Pages

New 'l'.ork State Depa,:tment of Mo~or Vehicles

des

ENCLOSURE #13

POLICE ACCIDENT REPORT

3000529

MV-104A'(3/04)

SPQ631000030

□

MENDED REPORT

Day of Week

Day

No. of

MIiitary Time

Not Investigated at Scene 181

Vehicles

09:35

Wednesday

6

2

nstructed

□

PEDESTRIAN
VEHICLE 1 - Driv«
l.lcer,so lDNun,bor

-

Police Photos

Left cene

· Q
0

181 Yes 0No

OTH ER PED ESTRIAN
State of Uc.

State or Lie.

NY

NY

Ori\/er Name - e,cac11y

I

· asprintedonr.cense KIRKLAND, IMAN! A
Ad4ress (lncludo Number and treet)
200 BRADHURST AVE

Apt. No.

State

(,Jnlicensed

Zip Code

N.Y

10532
No.

Occupants

01

D
Sex

Mat.·

Code
Zip Code

State

I

12226

NY

ehicte Year

l.1al\e

2008 FORD -

ellic:le Type

• Ins: Code

POLI

Vel'licie ear

994

2001

VIOiation
Section(&)

:,

VEHICLE DAMAGE COOING:
•1-13 SEE DIAGRAM ON RIGHT.
14. UNDERCARRIAGE
17. DEMOLISHED
15. TRAILER
18. NO DAMAGE
16. OVERTURNED
19._0THl;R

I

9.
Cost of repairs to any one vehide will be more than $1000.

Reference 1Aar1<er - i

1----,- - - , - - - ,-

-~-~-~--<

181' Unl«lown/Unable to determine

10

11

12

Coordinates (if available)

Place Where Accident Occurred:

l.attitude/Northing:

Coun1yWESTCHESTER

4533818

Road on which accident occurred

•

O

Yes

O No

of_Y_O_N
_K_E_R_·s_ _ __ __ __
PARKING LOT AT 333 TUCKAHOE RD
181

City

O

Village

D Town

(Roule .Number or Street f'lame)

'
Longttude/Easting:

at 1) intersecting street----- - -- - - -- ~ - - - - - -- - - - - -- - - - ll!I N O S
(Route NumDer or Street Name)

or~2 l ~

598117

feet

mites

D

E

DW

of TUCKAHOE RO

.

Milepost. Nearest intersecting Route Number or SCreet Name

Accident OescriptiQn/Officer'.s notes

V- 1, MARKED, NYSP PATROL VEHICLE 3Kl8, WAS IN EMERGENCY OPERATION WITH LIGHTS ANO SIREN
ACTIVATED .ATTEMPTING TO STOP V-2 FOR RECKLESS DRI VI NG, WHEN V- 2 MADE A RIGHT TURN. ~OUND A ·
BLIND 'cURVE INTO THE PARKING LOT OF WESTCHESTER CAR RENTALS, 333 TUCKAHOE ROAD, YONKERS, NY,
$>£ET
AND CAME TO AN ABRUPT STOP: V-1., STOPPING BEH:n,lD V-2,· STRUCK THE CENTER OF THE RE~ BUMPER
OF V- 2 WITH THE FRONT PUSH BUMPERS OF V- 1 .
~CCIDENT NOT REPORTED TO NYSP ON DATE OF
INCID~NT ; NYSP NOTI FED BY·INSURANCE COMPANY OF OWN/OPV- 2 AFTER NOTICE OF CLAIM DATED 05/20/09 ·
9
10
11
12 . 13
14
15
16
TO 18
Names of all Involved
Date of Death Only
8

N

A

.L

1

1

4

1

■

M

L
I
N
V
0
L
V
E

D

CRISPINO

2650'

15901

.

Page

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of

3

New York State Department of Motor.Vehicles

Pages

/.

POLICE ACCIDENT REPORT

ENCLOSURE #13

MV-104A (3/04)
· MENDED REPORT

\,

VEHICLE DAMAGE CODING:
1-13 SEE DIAGRAM ON RIGHT.
14. UNDERCARRIAGE
15. TRAILER
16. OVERTURNED

17. DEMOLISHED
18. NO DAMAGE
19. OTHER

9.

Cost of repairs to any one vehicle will be mpre than $1000.
Unknown/Unable to determine
Yes
Reference Marker

Coordinates (if available)

Place Where Accident Occurred:

Lattitude/Northing:

County WESTCHE$TER

City

Road on which accident occurred

of _ _ _ _ _ _ _ _ _ _ _ __

(Route Number or Street Name)

'
t----,----,-----1

Town

Village

No

at 1) intersecting street---------------,-:,-----,---,,,--,---,,,..---,-,,-,----,-------------N
S
(Route Number or Street Name)
or 2) __.___
of _ _....,,.,,,-----,-----,,------------,-----,----

Longitude/Easting:

. feet

miles

E

W

Milepost, Nearest intersecting Route Number or Street Name)

Accident Description/Officer's notes "
WAS SERVED.
DAMAGE REPORTED BY OWN/OPV-2 TO:THE LOWER LEFT REAR BUMPER AND MUFFLER_PiPE
TIPS NOT CONSISTENT WITH ACCIDENT INVESTIGATION.
·owN/OP-V2 ARRESTED FOR RECKLESS DRIVING
IMMEDIATELY AFTE~ VEHICLE CONTACT BETWEEN V-1 AND V-2.
WITNESS #1 1 --:. JOHN J DUKE
_333 TUCKAHOE ROAD YONKERS NY

8

9

10

11

12

13

14

15

16

17 BY

TO 18

Names of all involved

Date of Death Only

A
L'
, L·
I

N
V

0
L
V.
E
Sector

D
J.

C::RISPINO

2650'

15901

11

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Page 3 of
3 Pages
,,,w
,,,.,._-..,...,,...._
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_ __,

POLICE ACCIDENT.REPORT

3000529
.___s_P_Q_6_3_l_0_0_0_0_3_0___.

MV-104A (3/04)

0

.

MENDED REPORT
Military Time

No. of
Vehicles

09:35

2

t-

<{=~

---------.-_____..........-----,.--....-.~ I
333 TUCl<AHOE RD

ENCLOSURE #13

New York State Department of Motor Vehicles ·

. ' ": Loci!I Codes

No. Injured

No. Killed

0

0

Not Investigated at Scene 181
Accident Reconstructed

□

Left Scene

Police Photos

□

181 Yes P No

ENCLOSURE #13
New York State Department of Motor Vehicles

REPORT OF MOTOR VEHICLE ACCIDENT
POLICE LINE OF DUTY ACCfDENT
□
Pagel

of

1

MENDED REPORT

'

· Pages

Precinct

-

K311

IMPORTANT: If you are the officer in charge, complete and sign
ihis form, and attach it to the MV-104A or MV-104AN.

Local Accident Number

3000529
SPQ631000030

A CCI'd en t Ti,me

Acet'den t Dae
t

.

'5
Month

./

6·

I

Day

In
2009 Military
Year
Time

County

WEi,STCHESTER

09 : 35

NAMES OF DRIVERS: (Please Print or Type)

*
VEH 1

181 .
VEH2

D
VEH3

·KIRKLAND

-

VEH4

VEH 5

VEH6

Pursuant to Section B05 of the New York State Vehicle and Traffic La_
w, the attached Police Accident
Report is also the motorist report for vehicle numbf!r(s) · .,_
. - - -"""
1 _ __ _
.

.

* Pursuant to Section 605(a)(4) of the Veh icle and Traffic Law, check only the box for each police officeFoperating a

police vehicje (as defined by V & T Section 132-a) during emergency operation (as defined by V&T Section 114-b)
when the accident occurred .
Date

ot/:u - J..rH 1
MV-104L (4/07)

. Signature of Owner of Police Veh'cl

•

. IV· 'f. t. I

.-

·

epresentatlve
Vl"'-1.Q'Vl"""

·

NC!IC# ·

't-(l ,~~C,!,,i; .,,~_::;i::.. 15901

ENCLOSURE #14

Administrative Message Report

~

\

.

,

Print\Run Date 08/26/2009

TZS

Agen·cyORI

Dat~\Time Reported\Discovered
05/20/2009 09:00
Message
DIVISION VEl-;IICLE - PDAA

K311

.. NYSP HAWTHORNE

Investigated By
SGT/SC JOSEPH' J- CRISPINO II

Photos YES

Units Responded.
UF

Videotape NO

\Wa'mihv i'! ,_}f '\;:H:~.,,. 7d -,@':.:.L>::· 1",J-:,;A.·H ,t.:,., %..nk .@ .:{:. &;ktr>Z ;;):: :·:µ··! ·.:e. \(§,,,w;t' ,y_,f?'v' ·~ '\tt::; :,,:J:'.dr::-1>c:0t1J~Lt:\h::C <'' :'::;::::;
ON 05/06/200_9, AT APPROX. 9:30AM, TROOPER IMANI KIRKLAND, OPERATING MARKED DIVISION VEHIC.LE 3K18
WHILE O I lt;IZING EMERGENCY UGH IS AND SIREN, DID .A LI EMP I IO SI OP N Y -• OPERATED BV ~
FOR RECKLESS DRIVING (SPEEDING/UNSAFE LANE.CHANGES/FAIL TO STOP. AT STOP SIGN)""A'f"TRr' .
TUCKAHOE ROAD EXIT RAMP OF TJ;iE SPRAIN BRO_OK PARKWAY SOUTHBOUNp. N Y - DID NOT COMPLY
AND MADE A QUICK TURN INTO THE PARKING LOT'OF .333 TUCKAHOE ROAD, YONKERS, NY.. 3K18 FOLLOWED.
NY
AROUND A BLIND CURVE INTO THE SAME PARKING LOT AND STRUCK THE REAR BUMPER OF
. ,·
NY
WITH THE FRONT PUSH BUMPERS OF 3K18, CAUSING MINOR DAMAGE TO THE REAR BUMPER OF
NY
. NO DAMAGE SUSTAINED TO FRONT OF 3K18 OR PUSH BUMPERS. f
•.
WAS ARRESTED fO~ RECKL:ESS DRIVING, POSTED PRE-ARRAIGNMENT STAT-ION BAIL, AND WAS
RELEASED. ,
,
. ,
.
.
.
NEITHER TROOPER KIRKLAND N O R - REPORT~D .THE VEHICLE CONTACT ON THE DATE OF THE INCIDENT
SP NOTIFIED OF VEHICLE CONTACT VIA 05/20/2009 NOT.ICE OF CLAIM ISSUED BY INSURANCE COMPANY OF ·

-

'

,

.

.

TROOP K - ZONE THREE COMMAN,DER CAPTAIN MICHAEL REALMUTO ADVISED.
PC#20090357 INI-CIATED.
.

#.Ve_hicles

2

.,

# Injured

0

County.•. ·
WEST~HESTER

# Deceased Apparent Cause
0
,OBSTRUCTED Vil=W, ·uf-:JSAFE SPEED
Location\ Street Name \ Mile Post Marker
PARKING .LOT OF 333 TUCKAHOE ROAD

CITN Name
YONKERS, CITY OF - 6007

·weather Conditions
1-CL!=AR

Road Conditions
1 - DRY ·

Description of Damage
3K18- NONE, l'!l,Y-EEY5823 - MINOR DAMAGE TO REAR BUMPER
Criminal Action .
NONE
Sent Date \ Sent Time
08/26/2009 06:48 ·
Notification TROOP, ZONE

OriverName
KIRKLAND, IMANI_A ·
Address
1220 WASHINGTON AVE

Sent By
CRISPINO J .

CAPTAIN MICHAEL REALMUTO .

_ '- _
DOB

Gender
M

City
ALBANY

License State
State
NY

Chemical T~st NQ
Driver Charged NO
Zip
12226

Vi.olati<ms
\
/'

P.age 1 of 2
. \

Driver Member?

Member Rank
TROOP.ER

Y€S' ,:t,..,,; ..,

Date of Entry
06/28/2004

- ~~-. ,.m11~;;::❖~=- -- ---- · ·

lBitit@wti!!!lnI::

.;.__,~~

f':lame (exactly as printed on regi_stration)
NY!,P,
•.
Address
,
1220 WASHINGTON AVE

1

ENCLOSURE #14

Zip

State
NY

City
ALBANY

Insurance Company and Code
. 994 ·• GOVERNMENT OWNED .

Member Shift
1

Member Shield
5185

12226

. .

.

r;:1ttttm.mt1e.ii1b111~1~:1tmll:m11:1m1m.r.1&~~i~~l•a~~•ifflrr.~rn:m:t1:i:mm;mrrfi~~wi~~~'i:nm1®:~t~@tt'MJm11l•~~
1

License Plate #
POLICE

State

·

Vehicle Year
.2008

N.Y

NJake
FORD

Van#

VIN #
·
2FAHP71V78X104697

Mileage
,

,

School Bus
Comm.-Veh.
NYSPVeh.

NO
Nb
YES

Equipment
Damage
..

NO

NO ·
Front Airbags Deployed ,
NO
· Side Airbags Deployed
Fire Suppression Deployed NO

Equipment Damage
·Description

\

.

a1r~m~ml.tlB : E ' ~ i ~ ~ ~ f i ~ - t ~ i l W W H S Driver Name

DOB

-

-

Address

Member Rank

l,,-NO)mwmiir:··-···T·-:·:·:·:··:·: ~--

--L

M

City

Violations
-·Driver.Member?

Gender

.License State

Chemical Test N0
Driver Charged NO

-·

State
NY

Zip .

Member Shield

Date of Entry

Member Shift

i:, , , , m@!ID.lWt!flmUl1~tthibhbrn,;;dW~ ~ -

~
·
0
·,,;~=== 00~--

... Name (exactly as printed on registration)

'

-

Adtlress

Insurance Company and Code
328·- STATE FARM MUT AUTO CO

Zip

State .
NY

. City

11111

Hl.i.&B!~t~li:rlD.lml!illlD.l!.lBWmt{ffli~ll~IRB.MI®l~WJ1~1@1~~lllltl1•'B~
License f:llate #
Van#

State
NY

Vehicle Year
2001

. Make
. BMW

VIN #

:Mileage

/"

'
School Bus
Comm. Veh.
NYSP Veh.

NO
. NO
NO

Equipment
Damage

-NO

NO
Front Airbags Deployed
NO
Side Airbags Deployed
Fire Suppression Deployed N O

Equipment Damage
._ Description

/

Page 2 of 2

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