How Officers Lie and Twist the Narrative that Prosecutors and UJC Take at Face Value
Below I take the transcribed police reports (they won't give them to you, you have to pay a lawyer) and rewrite them in red based on what actually happened using video, sound, and document records
That these reports could pass muster in an IA investigation is extremely disturbing; UVA refuses to release the reportSatiric Truth Fiction Compare
Reporting Officer Narrative
Date and time reported: Sunday, 7/9/2017 at 0435.
July 9, 2017
O. Oke 48
On July 9, 2017, I responded to the area of the hospital for a report of an intoxicated female that is with her friend and are trying to make it to the ER. When I arrived, I saw two females in front of Primary Care, one female was holding the other up; she appeared to be severely intoxicated.
On July 9, 2017, I responded to the area of the hospital for a report of a female passed out on the grass with her friend requesting assistance into the ER, which I assumed was another drunk college student. When I arrived, I saw two females in front of Primary Care, one female was holding the other up. I exited my vehicle, spoke with the subjects and was advised that the friend was (presumably as no sound) intoxicated and in need of help.(sound on) She further told me that she could walk but not well.
The severely intoxicated female was in bad shape, she was unable to walk, she wasn't talking much, her head was down and she was slouched over. I advised the two to sit on the bench, I turned the female over on her side so that if she needed to vomit she can do so without choking. I immediately called for rescue due to her condition. Though we were near the emergency room, I knew that going to the emergency room will delay her from getting the immediate help she needed.
The severly intoxicated female was in bad shape, she wasn't talking, and her head was down and she was slouched over. The friend started walking her friend toward the ER--I told them to stop and left them standing there while I went to my car to look for something (rubber gloves or a key fob?). I came back and advised the two to sit on the bench. The friend immediately said no, that she wanted to go to the ER now, but complied after I yelled at her not to argue with me. Immediately after being detained on the bench the intoxicated subject appeared to become unconcious; I turned her on her side so that she would not choke on her vomit. I immediately called for rescue due to her condition. Though we were very near to the ER, I knew that going there would delay her from getting the immediate help she needed. I probably should have explained that to her friend.
At this time she began to start talking and was awake. One of the first things that she said when she woke up was Officer Smallwood and I are assholes. I requested I.D. and initially it was stated that she did not have I.D. I advised her that she is not in trouble. I just want to get her medical attention. Shortly after I was handed a DL from Rhode Island, the picture of the person I was dealing with was on it. I ran it and it came back as not on file. The name on the fictitious I.D. was Jess AR1. She advised me that the name on the card was her real name. Nelson attempted to get up and run away. At one point when she tried to get away she almost ran into the road. She was stopped on multiple occasions because of her condition, Officer Smallwood and I did not want her to injure herself.
At this time UP56 arrived at the scene. I began a dialogue by asking where they were coming from, but the friend asked why we were still talking on our radios and not getting her to the hospital. Before I could continue, UP56 started asking for ID and yelled at her to check her friend's pockets. This upset the friend who replied that she didn't expletive know; I then gave her a lecture about swearing at us when we were there to help, and she began sobbing. As I began to ask the intoxicated person's name and information, the friend's sobbing woke her up. The first she thing she said was this was not her friend's fault. She got up disoriented, said she was good, muttered some address info and tried to leave. UP56 stopped her, yelled at her to sit down and pushed her back down on the bench. When we informed her that rescue was coming, she refused for the first of several times saying she didn't need/want it.
UP56 and I pressed for ID over and over. The person in need of help waved her hands up at UP56 and made unintelligible comments, but we pressed on asking for ID. I also continually informed the intoxicated subject that she needed help in response to her saying she didn't need help. When no ID was forthcoming we informed them that we would wait for rescue and have them talk to the females. The friend continually reassured the person needing help and tried to assist us to persuade her to accept rescue. After a moment of quiet, we didn't wait for rescue, but asked for ID yet again. The subject couldn't locate her ID because her friend had her phone--after getting it back her friend asked if this was necessary and couldn't they just go to the hospital. The subject then attempted to get up and leave again. UP56 shoved her back on the bench, grabbed the ID from her hand and gave it to me. Her friend screamed for us to stop abusing her friend. The ID had the picture of the person I was dealing with on it and it came back not on file. She advised me that the name on the fictitious ID was her actual name. She was stopped and thrown back on the bench on multiple occasions because of her condition, we did not want her to hurt herself.
Nelson's eyes were bloodshot red, a strong odor of an alcoholic beverage was coming from her person, she was unable to walk (and talk, initially) and she also defecated on herself.
I inserted this standard probable cause language to cover us and so the CA wouldn't look at it too hard. Everyone there knew she was intoxicated and needed help as described above.
Rescue showed up a few moments later with a wheelchair. Nelson was placed in the wheelchair and rescue members began to roll her to the ER. While walking behind them I noticed that Nelson got out of the wheelchair and ran away. Again due to her condition I did not want her to trip and fall and possibly injure herself. I ran after Nelson, when I caught up I yelled verbal commands for her to stop. I was able to reach out to her and grab her. When we came to a stop, she still tried to get away. When I turned her around, she struck me in the face with an open hand above my eye. After realizing that she slapped me, I took her to the ground and put her right hand behind her back.
Just before rescue arrived, about six minutes after I arrived, Nelson called UP56 an asshole as he yelled at her for her real ID and her date of birth. The subject was unresponsive and her friend said she wasn't answering anymore questions until she got to the hospital and got help. UP56 told her she could just leave and that they were just trying to ID for rescue. Nelson rose to leave again and was thrown back on the bench again. When the OL came back not on file again, I informed her that she was not in trouble but would be if she kept falsely IDing herself; I also insisted that she ID herself and not the friend even though she was not coherent.
Rescue showed up with a wheelchair before we could get affirmative ID. We informed them that she was incoherent and suffering from alcohol poisoning with severe symptoms. Her friend was very happy to see rescue and begged them to please help us. At this point Nelson called UP56 an asshole multiple times; he asked if she was a student here and got no response. He then addressed the questions of the Uber driver instead of focusing on the rescue. As rescue members began to roll her to the ER I observed her get out of the chair and run away. I guess we should have used a stretcher since she had been trying to refuse treatment and leave since we arrived. Due to her condition, I did not want her to fall and injure herself so I ran after her and yelled verbal commands for her to stop. I caught up and was able to reach out and grab her. When we came to a stop, she still tried to get away. I'm not sure why I turned her around when she was trying to get away, but when I did, she informed me that she was unable to afford hospital care and couldn't I just let her go home. I said no (probably should have explained why) and looked for rescue. I heard her say "listen to me" and observed her hand rising up out of the corner of my eye... since I was holding her arm, I pushed it away and her hand made contact with my face. I started screaming at her, threw her down on the pavement (despite her condition) and ranted uncontrollably for nearly a minute.
At this time my main concern was still to get her help. So when rescue caught up with the wheelchair, I got her seated back in it. Moments after she was seated in the chair, it was apparent that she had no intentions of going to the ER for treatment. I placed her under arrest for DIP initially, I then swore out warrants for under-age possession of alcohol, assault on LEO and possession of a fictitious I.D.
At this time my main concern was still to get her help. So when rescue caught up with the wheelchair, I picked her up and her friend got her back in the wheelchair. I could barely breathe from the sprint and wasn't really sure what I was doing. After she was seated in the wheelchair I never bothered to ask if she wanted to go to the hospital or whether she had to go due to her serious condition needing immediate assistance or the fact that we had detained her in order to get help. The reason I didn't ask was because UP56 pulled up and asked me if I wanted to do a "sober enought to run, sober enough to go to jail." I wasn't sure what that was or what it was for but I heard "jail" and demurred to the senior officer when he asked me if that's what I wanted to do several times. When the friend screamed again for her friend to go to the hospital, I screamed back that she might go to jail too. After agreeing with UP56, I pulled Nelson out of the wheelchair. I placed her under arrest for DIP initially, I then swore out warrants for under-age possession of alcohol, assault on LEO (there was some discussion about the felony at the station--we decided that a felony that only happens once in a blue moon was good cover for us not being able to do our jobs) and possession of a fictitious I.D. UP56 stated that Nelson was being arrested because she was refusing treatment in response to her friend's cries for medical help.
The handcuffs were placed behind her back and double locked.
The handcuffs were placed behind her back and double locked. I held Nelson at the car standing for several minutes while Medic V obtained sheets to protect the patrol car from bodily fluids--at least they're good for something! Nelson told me to look at her again several times. I observed UP56 arrest Nelson's friend who continued to insist that she had done nothing wrong and needed help. When he cuffed her on the hood of the cruiser she asked him whether in his professional opinion she needed medical help. He responded no. A lot can change in 5 minutes!
She was transported to the complex by Officer Smallwood.
She was transported to the complex by Officer Smallwood who managed to break department rules by turning off his camera with two intoxicated women in the back.
The fictitious I.D. was confiscated and placed into BEAST for evidence. There are no further charges pending. This case will be forwarded to the UJC and an incident referral has been completed.
The fictitious I.D. was confiscated and placed into BEAST for evidence. There are no further charges pending. This case will be forwarded to the UJC and an incident referral has been completed. Wait till these girls find out what UJC has in store for them--probably get expelled.
It should be noted that the other female, identified as Nelson's friend, was completely belligerent throughout the entire encounter. She was given many chances to go home by both Officer Smallwood and I.
It should be noted that the other female, identified as Nelson's friend, was incredibly brave, constantly comforting her friend, trying to help us convince her to accept rescue, trying to help us get information, and pushing us to get the treatment that we knew she needed but couldn't provide because we were so completely focused on getting ID instead of health and safety. She was given many chances to go home by both Officer Smallwood and I. We're a little weak on the buddy system and why intoxicated females shouldn't be left out on the streets alone downtown in the middle of the night.
While at the complex, Nelson was placed in the holding cell due to her own feces all over herself. At one point she looked as though she passed out, I called the nurse to check on her but Nelson just fell asleep and was fine.
While at the complex, Nelson was thrown on the floor of the holding cell and left in handcuffs for around an hour, causing the total time in cuffs to apprroach two hours since she was arrested. Isn't that a Geneva Convention violation? Funny, we had to wait so long because the magistrate was getting a TDO for someone... probably should have gotten an ECO for Nelson since we had identified her as incapable of making a decision. Oh, well--that's ironic. At one point she looked as though she passed out, I called the nurse to check on her. The nurse looked at her from six feet away, didn't take her temperature, feel her pulse, check her BAC, or even offer water but who needs that? Jail nurses are just magic! Just sleep it off which is what Nelson did, at least until I made her stand up continuously when I thought the magistrate was ready. We'll never know if she was fine since she went without water with alcohol poisoning and serious dehydration, not to mention the possiblity of choking to death in her own vomit since she threw up overnight, probably multiple times. Only on the fourth breathalyzer test at around 2PM that afternoon was she finally sober enough to be released... 13 to 14 HOURS after the call to 911 was made. Hmmm, maybe she needed medical help after all?
Video footage of the incident was secured and placed in evidence and the case file.
Either I'm lying or some funny business is going on around here because my video somehow didn't make it into the case file. Nelson's attorney kept asking for it, but it was nowhere to be found. Good thing Killeen threatened to pull the plea deal on that felony before they even got a chance to look at it! I heard University Counsel didn't provide the video for the subpoena until after she copped a plea. 30 days late...wow!
Nelson was remanded to the complex until sober and is scheduled for her first appearance on July 11, 2017 at the Charlottesville General District Court. And that is the end of the reporting officer narrative.