fargo police department report on pool incident

FARGO POLICE DEPARTMENT

0512212Q1412:30RThomas

REPORTSummary

Print Date/Time: FARGO POLICE DEPARTMENTORI Number: ND0090200Login.lD:

Case

CaseNumber: 2014-00009321Location: 1840 15 AVE S

FARGO, ND 58103Reporting Officer lD: 022 - Claus

Offenses

lncident Type:Occurred From:Occurred Thru:Disposition:Disposition Date:Reported Date:

Medical Assist0211812014 1O:58

0211812014 10:58

Closed lnvestigation

05122t2014

0211812014 10:59 Tuesday

Group/ORl Crime Code DescriptionMED ASST MEDICAL ASSIST

Subjects

Type No.Name Address Phone Race Sex DOB/AgeLocation 1 FARGO SOUTH HIGH SCHOOL 1840 15 AVE S

FARGO, ND 58103

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-aIa

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Mentioned '1 BLADOW, JEREMY RICHARD

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Mentioned

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Mentioned

Mentioned

Victim

Witness

Witness

Arrests

1

2

5 IRIBAGIZA, CONCESSA

6 RUKUNDO, GABRIEL

11 ROESLER, LYNN ERNEST

12 WETCH,JOSEPHA,JR.

21 KHAPANGI, BUDDHI

23 GHISING, MANGAL

1 NDERERIMANA,FREDERIC

ROESLER, KAREN M

BLACKMORE, JOSEPHJEFFREY

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Arrest No. Name Address Date/Time Type Age

Property

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Vehicles

FARGO POLICE DEPARTMENT

051221201412:30RThomas

Print Date/Time:

REPORTSummary

FARGO POLICE DEPARTMENTORI Number: ND0090200Login.lD:

No. Role Vehicle Type Year Make Color License Plate State

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Case Number: 20'14-00009321 . ORI: ND0090200

SYNOPSIS

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Officer Libner called for an ambulance at South High for a male in thepool. I responded with Officer Abel to assist. CPR was being done on amale student, Frederic Ndereimana, who had been found in the deep endof the pool during a class unresponsive. Ndereimana was transported toEssentia by FMA.

Case Number: 2014-00009321. ORI: ND0090200.

NARRATIVE

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Officer Libner requested an ambulance at South High in the pool area fora male who had been found in the pool. Officer Abel and I responded toassist. Sgt. Vinson also responded to the scene. Ambulance and Firewere on scene when I arrived and were doing CPR on the male, identifiedas Frederic Ndereimana. Officer Libner was also on scene assisting withthe CPR. Officer Abel and Sgt. Vinson were there when I arrived.

I spoke with Karen Roesler, the teacher of the swim class Ndereimanawas in when the incident occurred. Roesler was very upset. She told methat she was teaching the class along with her student teacher, JoeyBlackmore, in the shallow end of the pool. Roesler said Ndereimana wasnot a good swimmer. During the class some of the kids brought toRoesler's attention that Ndereimana was in the deep end of the pool.Roesler said they first tried to grab Ndereimana with the hook and couldnot reach him, so Blackmore jumped in and pulled him out of the pool.They began CPR immediately. Roesler said she did not think Ndereimanawas under water for more than 30 seconds before he was noticed.Roesler said the pool had a rope with flags, designating the start of thedeep end of the pool. ! did see this rope in place.

Ndereimana was transported by FMA to Essentia ER for treatment. WhileI was there the family was brought in by Principal Bertsch and OfficerCristie Jacobson arrived to assist with the family who speaks little English.Ndereimana was put into the ICU and his status in not known at this time.See other officers' supplements.


suP001 02n8n4 SANDERS

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14-9321, SANDERSSUPOOl

IOn02l18114a, Sgt. Mathew Sanders, assisted in this investigation. I

interviewed Jeremy Bladow. Jeremy is the daytime assistant engineer forFargo South High School. Jeremy said he is responsible for themaintenance of the swimming pool.

Jeremy said he tested the chemical balance of the swimming pool after thefirst responders left with the victim. The chemical balance was withinnormal levels.

Jeremy provided me with the log book he uses to record the date, time andresults of the chemical tests he runs on the pool. Detective MarkVoigtschild took photos of the log book and test results.

Jeremy conducted a test of the pool while we were there and DetectiveVoigtschild photographed the process. Jeremy said the results were atnormal levels.

Jeremy said after the first responders left with the victim, he mopped up thearea where the CPR had taken place.

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SUP002_02 I 19 12014_Libn er

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14-9321, LibnerSupplement 002

On 211812014,1 SRO Libner, was working at Fargo South High School. Atthe time of the incident, I was observing students in the commons area ofthe school. At approximately 1 100 hours, I heard over my school handheld radio, the secretary state they needed help in the pool. There was noother information. Myself, and proctor Rob Wilson began heading to thepool area.

Upon arriving to the gym, I was met by other administrative staff membersand I heard someone requesting the AED. I began running to the pool andalong the way, radioed to dispatch to have an ambulance sent to theschool pool.

Rob Wilson and I entered the pool area at the same time and observedthe Phy Ed teacher, Karen Roesler, performing CPR on a black, male,student. I could observe a reddish foamy liquid flowing out of the victim'snose and mouth. At that time someone arrived with the AED. Because thevictim was laying in a puddle of water I told Roesler and Wilson weneeded to move him to a dry are. I asked Roesler if there was a suspectedhead or neck injury as I could see a lot of blood under the victims head ona white towel. Roesler stated there was no back, neck or head injury thatshe was aware of. Roesler did say she had at one point felt a pulse on thevictim and she asked me to attempt to find a pulse. At that time, we pulledon the towel the victim was laying on to a dryer area. Rob Wilson startedattaching the AED while I continued the CPR that Roesler had started.

Once the AED was attached, we stood back while it analyzed the victim.The AED advised not shock and to continue CPR. I continued performingchest compressions on the victim. The victim had a continuous flow of redfoamy liquid exiting his nose and mouth. The school nurse, ShawnSchmidt, and Rob Wilson, attempted to get rescue breaths into the victimwith a mask and hand pump, but the continuous flow of liquid from thevictims nose and mouth made it seem impossible.

At about that time, Officer Abel arrived on scene. I continued with chestcompressions. A second time the AED analyzed the victim. We stood up


and stood back while the AED analyzed. The AED advised no shock andto continue CPR. I continued chest compressions.

At about that time, other emergency services personnel from the firedepartment and FM Ambulance arrived on scene. Officer Abel took overon chest compressions. I observed FM Ambulance personnel tending tothe victim. While the victim was being cared for, myself, firefighter Kruegerand Officer Abel switched off on chest compressions. The entire time, thevictim continued to have the pink foamy liquid exiting his nose and mouth.

Eventually, FM Ambulance personnel made the decision to transport thevictim to Essentia Hospital. CPR was continued on the victim the entiretime he was moved from the pool , to the gurney, and finally theambulance.

At that time, I went back to the pool area and began helping to clean upgarbage and bio-hazard items.

That consists of my involvement of this incident. Please see other officerssupplemental reports for further details. End report.

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Case Number: 2014-00009321. ORI: ND0090200

SUPO 03_ 02 I 19 I 2014_5 ka lic ky

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14-9321Skalicky

Supplement 003

WITNESS: BLACKMORE, JOSEPH JEFFREY

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On February 18, 2014 l, Det. Skalicky was contacted by lnvestigationsSupervisor Sgt. Sanders in reference to a juvenile male who wasunresponsive and possibly had drown at the Fargo South High Schoolswimming pool during a swim class.

Sgt. Sanders and I went to the scene and were briefed on the incident byFargo South School Resource Officer Wes Libner in this case, as well asschool staff to include the Principal.

We were informed that the victim, who is a new American black male, who I

willidentifybythefirstnameofFredericofFargo.HisaddressisElwas informed that Frederic


had been removed from the scene and was transported to Essentia Healthand that Officer Cristie Jacobsen with the Fargo Police Department hadwent to the hospital to speak with Frederic's parent(s).

During the course of the briefing, we were informed that there were twoinstructors in the pool attending to approximately 26 students in the poolarea to include that of victim Federic. The instructors were identified asPhy Ed instructor Roesler, as well as a student teacher from NDSU,identified as Joseph Blackmore.

After being briefed, Sgt. Sanders and Det. Voigtschild went the pool area totake photos and gather any evidence left in the pool area. I spoke withBlackmore in an interview room, inside the office area at Fargo South.

I first had Blackmore provide me with some additional information, as far aswhat his responsibilities at Fargo South were. Blackmore informed me thathe was currently an NDSU Sth year student and that part of his duties wasto student teach at different school and that this was going to be his overallsixth day at Fargo South for student teaching. He said that he wasassisting Phy Ed instructor Roesler during period 4A. I was informedduring the briefing that Period 4A was Freshman, 9th graders, in the poolarea and that the class began at approximately 10:32 AM.

Blackmore informed me that the class begins about 10:32 and thatstudents are to change and then shower. They proceed into the pool area.He stated the first activity for the students was approximately a 5 minutepartner exercise where individuals will partner up and throw rings to thebottom of the pool in the shallow end of the indoor pool. The partner wouldthen go down and retrieve the rings from the bottom. Blackmore statedduring this time of the class there was nobody allowed in the deep end, allactivities were taking place in the shallow end, which is approximately 4feet 6 inches to 5 feet. He stated that after approximately 5 minutes ofthe partner exercise, they then began front and back stroke skill test. Hestated again this skill test for front and back stroke was completed in theshallow end of the pool and at this time no activities were being completedin the deep end of the pool. Blackmore stated that there were groups ofapproximately three people at a time and that according to the list providedof the students during period 44, I was informed that they went from thealphabet beginning at w and then proceed upwards, meaning that victim

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Frederic would have possibly been in the second or third grouping ofstudents.

Blackmore stated that just prior to the class beginning, he did speak withFrederic, who seemed happy and indicated to Blackmore that he was doingfine. He stated that he believes Frederic got into the pool somewherearound the 10:35 AM period timeframe and then again the partner test wasapproximately 5 minutes and then they skill test proceed and lastedbetween 8 to 10 minutes.

We asked Blackmore, at any point and time, if he had ever instructedstudents that were not good swimmers, as Blackmore indicated thatFrederic is not a good swimmer, that he struggles even doing the back andfront strokes but believes that the students are instructed that if they are notgood swimmers that they are not allowed to go into the deep end of thepool and that this would have been either the first or the second day ofclass. However, Blackmore stated he never actually witnessed Phy Edinstructor Roesler tell the students that directly.

He states that the rest of the students were completing the skills test part ofit. He states that at one point and time he overheard a female student, whoheidentifiedasEyellingtoRoeslerthatFredericwasatthe bottom of the pool in the deep end. Blackmore stated he left his area,which was furthest away from the deep end area, on the very end of theshallow end. He proceeded over to where Karen was at, which was on theother side of the pool but still in the shallow end and proceeded to go overthere, at which time Blackmore states Roesler provided him with a pole thathad a hook on it. Blackmore states he knew that he could not reachFrederic with the pole, therefore he threw the pole in the water and dove inand got Frederic from the bottom of the pool. Blackmore stated that he isnot himself a very good swimmer but indicated that he grabbed Fredericand brought him towards the middle of the pool over by where the 5 footmark is so that he could touch and help get Frederic out of the pool. Hestates that once at that area they then got Frederic out of the pool and ontothe side, the edge of the actual pool area. He states at that point and timeRoesler began CPR and other faculty from Fargo South arrived andassisted. Blackmore stated that at one point and time he did try and find apulse on Frederic. He stated he did get a pulse off and on on Frederic andalso indicated at one point and time Frederic was moving his head backand forth, from side to side. He states other than that there was no signs

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that Frederic was conscious or was attempting to breathe on his own at anypoint and time.

After speaking with Blackmore, I then had Fargo South Faculty attempt togetaholdofparentsofbothwitnessesDaSWellaS

-inattemptsformetospeaktothemsincelwasinformedduring

the briefing thatlwas the person who got Roesler's attention inreference to Frederic being at the bottom of the pool and that there weretwo other students in that same area asJwas and those wereidentified asJand-The first person I interviewed after Blackmore wasl

-statedthatshewasactuallythefirstpersontodotheskillstest.

She indicated that she's a rather good swimmer and that they used her fordemonstration for the students of how to do the front and the back stroke.She stated after her skill test was done she then proceeded to get out ofthe pool and went to the locker area, where she retrieved some swimminggear,suchasfloatationdevicesandsomeotheritems.-statedthatshethenwentbacktothepoolandgotintothepool.-stated she never really remembered seeing victim Frederic at any point andtime, didn't really pay much attention. She states that she was in themiddle of the swimming pool but on the other side of the rope, making hermore in the deep end of the pool. She states that she then overheard bothIandlyelling something at Roesler about Frederic being atthebottomofthepool.-statedthatshedidnotthinkthatRoesler heard them, at which time she screamed at Roesler to get herattention. e stated that she didn't actually physically be the firstperson to see Frederic at the bottom of the pool but then when she sawbothJand-yellingandshecouldoverhearthemsayingsomething about Freddie being at the bottom of the pool. She then lookedover and could see someone at the bottom of the pool, in the deep end.She states that's really the only stuff she had as far as information goes.Again she stated she never really saw Frederic swimming. Didn't see himcross the rope at and that really the first time she saw that day was afterthe incident occurred, when she discovered that it was Freddie at thebottom of the pool in the deep end.

lthenspokeWithIjustbriefly.-informedmethathewasactually completed his skill test as well. He stated that he completed hisskill test and that he and his friendJwere kind of splashing around

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after their skill test was completed and that they were in the shallow end atthe time. They then agreed that they would go to the deep end so that theycould race. He stated that they got across the other side of the rope intothe deep end area on the same side of the pool of where Roesler was at.He stated that they splashed around for a couple of minutes and that

-statesthatJthenlookedoverboththeirshouldersandsaw

something at the bottom of the pool in the deep end. They then lookedagain, they thought maybe it was just somebody driving down that hadcompleted their skill test and that they were just driving down to touch thebottom or to get something off the bottom. They stated the person nevercame back up so then they did a little more investigating and went over andtried to get the person off the bottom of the pool but were unsuccessful.Istates that after attempting to get Frederic off the bottom of thepool, they attempted several times to get a hold of Roesler or get herattention, but again it was very noisy in there and they don't think Roeslerheard them right away and stated at that point and timeJfinallygot Roesler's attention and finally got assistance to Frederic.

I then spoke withJbriefly who did clarify and confirm the stories from

-and-Jtoosaidhefinishedhisskilltestandthat

he was actually in the same group as Frederic. He stated that he last sawFrederic in the middle of the shallow end swimming around. He states thathe andJthen proceeded over to the deep end, over in the samearea where Roesler was at, and they were talking and splashing each otherfor a minute or two. He states that when they saw something at thebottom of the pool in the deep end and learned that it was Frederic.

-states that again they attempted to get Roesler's attention but were notsuccessful and finally they went over and they were attempting to try to getFrederic off the bottom of the pool after they realized it was him. They triedthis three to four times. Idescribed this as grabbing his ankle areaand pushing off the bottom of the pool butJstates that all they couldreally get him up to was about halfway up the surface and again they triedthis a few times and finally they realized they couldn't do it and theyattempted or tried to get Roesler's attention in reference to Frederic beingin the deep end and drowning.

Eandlall indicate that afterthe incidenthappened, they did state that they saw Blackmore dive into the pool andget Frederic off the bottom of the pool and once that occurred they were

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instructed to get out of the pool and then eventually sat up on the bleachersuntil someone escorted them out through the girls locker room area.

I askedJandlif Frederic had any friends that they know of orclose friends in the class. They did state that they believed that he hungout with a guy by the name of Mangal, possibly that of Ghising or a BootieKhatangi, but again none of them could really tell me who his partner wasduring the partner exercise and indicated that they really never paid muchattention to who had partners and whose partner was whose.

I was informed bylthat he believed that another student he identifiedasIpossiblyDinthiscaSe,whoisalsointheclassmaypossibly have additional information and possibly may have seen Fredericswimming around in the shallow end prior to them finding him in the deepend.

At this time there is no additional information (inaudible) School ResourceOfficer Libner in attempts to identify or attempts to interview the otherstudents that have yet to be interviewed and witness Roesler, the Phy Edteacher, has not been fully interviewed in reference to this case and thatwill be done at a later dated.

End of supplement.

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Case Number: 2014-0000932'1. ORI: ND0090200.

SUP004 0211912014 Libner

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on2l19l2014,l,SRoLibner,conductedaninterviewwithfastudent at Fargo South High School. I was asked by Detective Skalicky todo an interview withJas Detective Skalicky learned yesterday in hisinterviews with other students at Fargo South High, thatJmay haveinformation relevant to this investigation. lt should be noted, prior tospeaking withJl spoke with his Step Father, Jeremy Biel. I

informed Jeremy why I wanted to speak withJand he stated he andImother had talked about it the night before, and I was welcomedto speak withJI pulledJout of his 7th period class and asked him to come down tomy office. I interviewed-in my office with the door to my office open,and I informedJl had spoken with his step-father prior to speakingwithfI askedlto tell me what he observed yesterday during phy en classin the pool.Istated he was in the shallow side of the pool.-said he had just finished his swim test in the shallow end, and wasstanding in about the middle of the shallow end.Jstated, Freddie,(the victim) had just finished his test as well and was walking from theNorthwest corner of the pool towards the middle of the pool where therope was at that divides the pool between the deep end and the shallowend.-said he turned to give Freddy a High Five for completing histest. Once they got done giving each other the high five,Isaid hecontinued standing in the same general area and was facing the Northend of the pool.Isaid he believed after the high five, Freddycontinued walking towards the rope.Isaid he stood in the sameapproximate area, facing the North for about 3-5 minutes, when he heardanother student,Iyell to Mrs. Roesler, the Phy Ed teacher, thatsomething was wrong with one of the students.

Isaid he turned around and he could see Freddy was in the deepend of the pool, at the bottom, towards the Southwest corner of the pool,not moving.Istated Mrs. Roesler ran over to the area, observedFreddy in the pool and then retrieved the life saving pole to try and getFreddy out.Istated at that time, the student teacher, Joey


Blackmore, took his shirt and shoes off and jumped in the pool.Isaid Blackmore pulled Freddy up, swam over to the east edge of the pooltowards the middle of the edge, and Blackmore and Roesler pulled Freddyout of the pool.Isaid Roesler immediately started checking Freddyand began CPR.Istated he could see foam coming out of Freddy'smouth and it appeared there were a couple times whenlcould seeFreddy breathing.

Istated Freddy was not a very good swimmer, and had a difficulttime staying above water.Istated although Freddy finished his swimtest, he does not know if Freddy passed his test as he had a lot of trouble.Istated he was surprised if Freddy was over near the rope as it getsdeeper there and it is slippery there as well.Istated the only kids hesaw in the deep end of the pool werel-andnIsaid there were other students over near the middle of the pool, bythe rope, along the east side, where the swim test began, waiting to takethe test.

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Case Number: 2O14-00009321. ORI: ND0090200.

SUPOOs O2/2II2OI4 VOIGTSCHILD

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14-9321, VOIGTSCHILDSUPOOS

On 2118114,1, Detective Mark Voigtschild was requested to come to FargoSouth to assist in the investigation of an accident which had occurred in thepool of the school.

Upon arrival, l, met with Sgt Mat Sanders and Detective Jason Skalicky inthe office of the school.

Sgt Sanders, Otficer Wes Libner and myself went to the pool area. I wasasked to photograph the pool area. As I entered the pool area I could seethat the main lights in the pool were off. The pool area was being mostlyilluminated by the windows to the room and some auxiliary lights.

I could see that there was a pole with a hook on it in the bottom of the pooland a pair of swimming goggles on a table beside the main entrance dooron a table.

I could not smell any strong odors or anything in the air which concernedme. I could see that the floor around the pool in areas appeared wet, but I

did not see anything that was concerning.

As I was photographing the pool Gladow came out of a door to this roomand mentioned that he had tested the chemicals in the pool. Gladowindicated that he had done this in the mechanical room.

Gladow told me that there did not appear to be anything off on the chemicallevels. Gladow had a log book for the pool which I photographed. This hadthe testing logs for the pool and Gladow told us that they tested the poolregularly and said the pool was also tested by an outside agency.

I photographed the mechanical room which had the chemicals inside of it.Gladow told us that this is where the chemicals would mix. I did not seeanything in this room which was readily concerning.

I asked Gladow about the lighting during the incident and he told me thatthe lights had been on during the incident. Gladow did turn the lights backon for me in the pool. The room then became a bit more illuminated and I

photographed the pool area with the lighting which would have been on

Case Number: 2014-00009321. ORI: ND0090200. Page: 17 of 55

during the incident.

Sgt Sanders had told me where School staff were thought to have beenstanding during this incident. These photos where the staff were at areidentified as photo 19-26. These photos are shown prior to the room beingilluminated as it was during the incident. Photos 71-79 are photos takenonce the lights had been turned on matching the lighting conditions duringthis incident.

We asked Gladow to test the pool in our presence and we photographedthe results of those tests. Gladow indicated that there was nothingconcerning about these tests.

Sgt Sanders assisted me in measuring the pool itself and the pool is 43'3"wide by 75' 112" long. I also measured the distances on the pools markingsindicating the depth of the pool, see photos for details.

There was some debris that was found on the bottom of the pool. Thisdebris was hairs, a band aid and a hair tie. There did not appear to beanything of concern from the items taken from the pools floor.

See other supplements.


SUP006 0212412014 Libner

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on2l24l14,l,SRoLibner,condUctedaninterViewwithEafreshman student at Fargo South High School, that was in the pool FitnessFor Life class on 2l18l14 during the fourth period class.

My interview withJwas recorded and prior to speaking withIl received permission from his mother, over the phone, on2t21t14.

Istated once he and everyone was changed for class, all thestudents got into the pool and Mrs. Roesler explained the swimming testto them they were going to take.Jstated students would swimfreestyle from the rope, along the east side of the pool in the shallow end,to the NE corner of the pool, and then do backstroke along the north sideof the pool to the NW corner. Students not testing were to wait in theshallow end, along the West side of the pool.

Itshould be noted, while lspokewithlldrewthe pool on a pieceof paper identifying the shallow end separated from the deep end by arope, the bleachers, and where the teacher Mrs Roesler was standing aswell as the student teacher, Mr. Blackmore, during the test.Istatedhe was in the shallow end, on the west side, watching students test, as hehad not tested yet.Iobserved Freddy, the victim in this report, takehis test butlwas not sure if Freddy finished it.-said hesaw Freddy, on the shallow side of the rope, in the middle of the poolmore towards the east end. Freddy began freestyle swimming,horizontally, towards the west side of the pool, along the rope.Istated he observed Freddy and noticed Freddy had made his way underthe rope to the deep side while swimming towards wherefwas.Isaid he saw Freddy pause to take a breath and saw his headabove the water.Isaid he had his goggles on and he went underwater to swim.Isaid when he came back up, he could not seeFreddy any longer.Isaid he went under water and saw Freddyalong the bottom of the pool, a few feet from the rope, on the deep side.Isaid Freddy was not moving.Isaid he yelled to Mrs.Roesler.Isaid Mrs. Roesler went a grabbed something to helpFreddy, and then Mr. Blackmore came running around the pool to the East


side and jumped in to go after Freddy.Isaid Mr. Blackmore pulledFreddy over to the east side of the pool and Mrs. Roesler started CPR onhim.Isaid after about 30 seconds, he observed blood and stuffcoming out of Freddy's mouth.

Iestimated from the time he saw Freddy under the water to thetime Mr. Blackmore pulled him out, it was less than 30 seconds.-stated the only other student he saw in the deep end of the pool wasIIwho was hanging onto the side of the pool, in the deepend, on the west side. Other studentslsaw in that area wereJJand[Endreport.

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suP007_ 02 I 2 4 |2014_LIBNER

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14-9321, LTBNERSUPOOT

on2l24l14,l,SRoLibner,conductedanintervieWWithEregarding this investigation.Iis a Fargo South High School freshmanwho was in the pool for Fitness for Life class on the day this incident tookplace. On 21211141 spoke withJmother over the phone andobtained permission from her to speak withlDuring my interview withJhe corroborated the events at thebeginning of the phy ed class that day. students got changed and headedout to the pool. He corroborated that Mrs. Roesler and Mr. Blackmore werethere and Mrs. Roesler informed the students of the swim test studentswere going to take that day and how the test would be performed.-corroborated other interviewees statements about where Mrs. Roesler andMr. Blackmore were standing outside of the pool during the test.

Istated he was in the first group of testers as Mrs. Roesler startedfrom the end of the alphabet.Istated he finished his test and wasswimming in the deep end of the pool, as good swimmers were allowed tobe over there once they were finished with their test.Istated prior tothings happening, he was swimming back to the shallow side of the pooland he observed Freddy, the victim, swimming under the rope to the deepend side of the pool. ! had drawn a picture of the pool on a sheet of paper,and when laskedJwhere he was in comparison to where he sawFreddy, he drew a mark less than half way across the pool, closer to theeast side of the pool, but near the middle.Isaid he was closer to theeast side of the pool, and Freddy would have been toIleft asIwas swimming to the north end of the pool.

Itried to estimate the amount of time, and said it was two and a harfto four minutes later, after he saw Freddy swimming by him, that he heardanother student yelling that Freddy was in the pool not moving.IsaidMrs. Roesler then ran to get the pole to pull Freddy out and when sherealized she could not reach him, Mr. Black more had jumped in the pool.Mr. Blackmore pulled Freddy to the east side of the pool at the rope.Isaid they pulled Freddy out of the pool and Mrs. Roesler stateddoing CPR on Freddy right away.Isaid Mrs. Roesler told Mr.Blackmore to go call the office.Iestimated it was about 40 seconds


from the time he heard a student saying Freddy was in the water to Mr.Blackmore pulling Freddy out of the water. End report.

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SUP0 08_ 02 I 2 5 / 2014_Ja co b s en

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14-9321Jacobsen

Supplement 008

MENTIONED: CONCESSA IRABAGIZAMOTHER OF VICTIM

MENTIONED:

On Tuesday, February 18, 2014 at approximately 11:30 AM, l, OfficerJacobsen was contacted by Sgt. Vinson requesting my assistance with apossible drowning at South High. ! was informed that the student wasbeing transported to Essentia Hospital and that the family would be goingthere as well. A few minutes later, after I arrived on scene at the hospitaland spoke with Sgt. Vinson, who informed me that the student was arefugee, that as the Cultural Liaison Officer, Sgt. Vinson thought I might beable to assist the family.

When I walked into the emergency room I was lead to a private familywaiting room where the mother of the student, Concessa, the brother

-the

nephew of the victim, Fargo South ELL Social Worker, thehospitals Chaplain and a doctor were all present. lt should be noted thatl'm very familiar and often work closely with the school's ELL SocialWorker. lt should also be noted that I was familiar with the family as I had


worked with them and their case manager from Lutheran Social Serviceson initial arrival educational information, prior to this incident.

lnitially the hospital was not able to locate a Tigrinya interpreter to speakwith the family so this school social worker contacted a local interpreter thatwas often utilized by the schools and that interpreter agreed to come to thehospital right away.

While waiting for the interpreter to come, I contacted Lutheran SocialServices and requested a staff member come to the hospital in order toassist their clients in this very difficult situation.

Throughout the next several hours, the family received regular updates toFrederic, who was the victim, his condition from various medical staff. Atthe same time the service providers present were attempting to assist thefamily with meeting any of their needs and answering their questions if theyhad any.

Frederic, the victim, was later moved up to the 4th floor lCU and the serviceproviders attempted to develop a plan for the family because of their lack ofEnglish, lack of transportation and overall lack of cultural understanding asto what was happening. A list of service providers available to assist thehospital with the transportation and translating for the family was developedand given to the hospital staff.

It should also be noted that at this time Concessa, the mother of the victim,gave the hospital's chaplain permission to release the student's condition tothe school.

Throughout the next two days I stopped up regularly to check on and offand offer support to the family. As the family had mentioned to me thatthey appreciated that I did this. During those visits little conversation wasactually had, however, at one point, while speaking to the family, at therequest of Lt. Vettel. I spoke to the family on the subject of media releaseand if the family had decided to release Frederic's name to the public. Itshould be noted that the family was very confused and no realunderstanding on what was being asked of them and was not overlyfamiliar with our news and reporting system. However, LLS staff attemptedto explain this to them and the family stated that they would think about it

Page: 23 of 55


and after discussing the situation with trusted community member, theywould get back to me the following day.

On Thursday I returned back to the hospital to check on the family and seeif a decision had been made pertaining to the media announcement andthe family was not in the mood to discuss it and I did not press the issue.Frederic had had a medical set back the night before and the family wasnoticeably concerned and still ovenruhelmed and confused. However,during this time both Concessa, Federic's mother, andJFrederic'sbrother, were asking LLS staff and me why the Principal and teacher werenot here at the hospital helping to support the family, which would becustomary in their culture. At this time we attempted to understand whatwas customary in the Congolese culture. Afterwards I told Concessa that I

would relay her opinion to the appropriate school staff.

Following this meeting I went to Fargo South and spoke with the Principaland relayed to him, at Concessa's request, her cultural opinions of thesituation. At this time I also learned that certain members of the schoolstaff were planning to meet with the family that evening, to which I wasinvited to attend. ln the end, the meeting did not go well, the family wastotally confused about the situation and communication did not gosmoothly.

On Friday, February 21, 2014, at approximately 1 1 :00 AM, I went toConcessa's home at the request of Det. Skalicky, requesting the family signoff on a medical release form for Frederic for the purpose of thisinvestigation. I went to the home with the assistance of an LSS Tigrinianinterpreter and explained our request to Concessa and why. I was alsovery clear that this request was optional. Concessa stated that sheunderstood and agreed to allow the Police Department access to Frederic'smedical records and also to allow Det. Skalicky to photograph Frederic ifnecessary for this report.

It should be noted that Concessa does not read or write in any language soher signature on the medical release form consists of an X. This should beconsistent with the additional forms that she would have been signing forthe hospital as well.

End of supplement.lmg

Page:24 ol 55


SUP009 02/2512014 Libner

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on2l25l14,l,SRoLibner,condUctedanintervieWWith-regarding this investigation. Prior to speaking withll had phoned hermother Memorie Rencountre on 2121114 obtaining permission to speakwithJ

Jcorroborated other students' statements of how class started.Iexplained how Mrs. Roesler explained the test to students, and wherestudents needed to be during the test.Idid say that Mrs. Roeslerinformed the students if they were good swimmers they could swim in thedeep end but if the people who were not good swimmers needed to stay inthe shallow end.Jsaid she has heard Mrs. Roesler in past classesinstruct some of the poorer swimmers to stay in the shallow end.Jsaidshe did not hear any Mrs. Roesler tell anyone that, on the day Freddy wastaken out of the pool.

Icorroborated statements other students made as to where Mrs.Roesler was standing during the class and where Mr. Blackmore wasstanding.

lstated she was not in the pool as she and two other girls,IIand[were all sitting on the west side of thepool, in the bleachers, toward the north end of the bleachers.lstatedshe never saw anything as she and the other girls were visiting.Jsaidshe had kind of heard someone yell for Mrs. Roesler, butJdid notknow what was going on until she saw Mr. Blackmore jump into the pool.

Jstated she saw Mr. Blackmore and Mrs. Roesler lift Freddy out of thepool and immediately Mrs. Roesler began CPR. End report.


SUPO1O O2I25I2OI4 LIBNER

Page: 26 of 55

14-9321, LTBNERSUPOlO

On 2125114, l, SRO Libner, conducted an interview withIIregarding this investigation.Iis a freshman student at Fargo SouthHigh School that was in the pool during this incident. Prior to speaking with

-l

did get permission from her mother, Amanda Harding, on 2121114over the phone.

Icorroborated facts from other students of how the beginning ofclass started.Istated Mrs. Roesler told students if they were strongswimmers, they could go into the deep end and the students that were notstrong swimmers were to stay in the shallow end.

Istated she never took her test, as she was at the bottom of the list,and she waited in the shallow end in the area where Mrs. Roesler told thekids to wait to take their test.Jstated she did not see Freddy prior tohim being pulled out of the water.Istated she was going underwater practicing.Istated when she came above water at one point,she heard some boys yelling to Mrs. Roesler that someone was in thewater.Istated she saw Mrs. Roesler start working to get Freddy outof the water.Istated Mrs. Roesler had told the kids to get out of thewater.Istated her back was turned, getting out of the water andwhen she turned around, Mr. Blackmore, Mrs. Roesler and a couplestudents were lifting Freddy out of the water.Istated Mrs. Roeslerimmediately began administering CPR to Freddy. End report.


SUPO 1 1_2 126 I2OI 4_SKALICKY

Page'.27 of 55

14-9321SKALICKY

SUPPLEMENT O1 1

MENTIONED:

ROESLER, LYNNHUSBAND OF WITNESS KAREN ROESLER

WETCH, JOSEPH A. JR.SERKLAND LAW FIRMe

-

eATTORNEY FOR SERKLAND LAW FIRM

On Thursday, February 20,2014,1, Detective Skalicky, went to 415 4th STN in Fargo which is the Fargo Public School District Office. I went to thislocation to interview witness Karen Roesler. Also present in the interviewwas Karen's husband Lynn Roesler as well as the Fargo Public SchoolDistrict's Attorney Joseph Wetch Jr. who works for Serkland Law Firm. Theinterview was recorded via my digital recorder and has been downloaded tothis case file.

I began by informing witness Karen in this case who is an instructor at theFargo South High School. Karen is a Phy-Ed lnstructor and on this specificdate of February 18 of 2014 she was teaching what they call Fitness forLife which is a 9th grade Phy-Ed class. The period was period 4A andbegan at 10:32am. Karen advised me that she has been part of the FargoPublic School District for approximately 30 years. She stated that she hadtaught at various schools in the Fargo Public School District however shehas been at South for approximately 25-26 years. Karen stated that shehas mostly been involved in Phy-Ed classes but has taught Health in thepast as well and that she has a masters in Education. I briefly spoke withKaren about her certifications for lifeguard and as a Phy-Ed instructor. Shedid inform me she has certifications through Red Cross for lifeguardtraining, WSI which is Water Safety lnstructor certification as well as CPRand AED instructor certification. She also informed me that she is aninstructor for CPR and AED.


At the beginning of the interview I commented and informed Karen that I

would be referring to the victim in this case last name Ndereimana firstname Frederic that I would allow her to refer to him as a name that shereferred to him as as a student. She said she referred to him as Freddie.From there on she referred to victim as Freddie throughout the interview.

Karen stated that on the date of the incident again February 18 of 2014,Karen stated that she has no first period class. She states that during her2nd period class at the beginning of it she woutd have a couple studentagain which are 9th grade Phy-Ed class also Fitness for Life class that shewould have a couple students jump into the pool that are good swimmersand would take the rope across the pool that divided the deep end of thepool from the shallow end of the pool. She also indicated that on the southside of the rope she would place orange cones on both sides of the pool,both the east and west sides of the pool and then proceeding that also intothe deeper end is what she called the banner that is hanging above thepool itself and that again is on the south side of the cones therefore therope that she had indicated she had students string across from the east tothe west side of the pool was actually more in the shallow end of the pooland was on the north side of the red lines which were indicating thebeginning of the deep end of the pool. lt should be known that this poolranges from 4ft6in deep which is the shallowest side of the pool all the wayto 12ft which is the deepest end of the pool. The shallow end 4ft6in is onthe north side and the 12ft part of the pool is on the south side of the pool.The entrance to the pool area is on the east side which is the double doorsthat come from the gymnasium into the pool area and there are bleacherson the west side of the pool.

She stated that on this specific date of the incident again period 44 beginsat 10:32am the students in her class which are 9th graders would go intothe locker rooms and change into their swim gear and also shower. Sheestimates that most students were in the pool on this date approximately10:37am about 5 minutes after the class began. She states she was thefirst person in the pool area. Not in the pool directly but on the outside ofthe pool due to the fact that she is responsible for unlocking all the doors tothe pool for students to enter from the locker rooms. She states on this dateshe did see Freddie come into the pool area and that when he entered thepool area he entered into the pool from the northeast corner of the poolwhere there is a ladder. She states that the kids would get used to thewater for approximately 5 minutes and that she then began what she called

Page: 28 of 55


a ring toss game where they had partners and they would throw rings fromthe north end of the pool approximately into the middle of the shallow partof the pool. She did mentioned that there were some kids that werethrowing the rings more towards the deep end of the pool from the north tothe south but that Freddie was not one of these students. She stated thatshe would watch Freddie very closely because she knew Freddie could notswim and she stated she never saw Freddie go even close to the deep endduring the ring exercise.

She stated that then there was another partner exercise where they wouldjust swim in the shallow end of the pool to get used to the water and thenafter that approximately 10:45-10:50am they began their testing phasewhich was the front stroke and the back stroke. Karen stated that shestarted from the end of the alphabet which would be 'w' in this case whichwouldbestudentDandproceeduptothe.a,softhealphabet.Karenstatedthatshehadstudent-inthiscasedemonstrate the front stroke and the back stroke due to the fact that she isaVerygoodswimmer.Karenstatedthatafterfdemonstratedthetest she then began again withland began up in the alphabet. ltshould be known that Freddie in this case is approximately % of the way upin the alphabet as his last name starts with the letter'N'.

Karen stated that this was the 6th day of the swimming class and indicatedthat the first day of class she states was an instructional day. She statednobody was in the pool on this date that what she did was have the kidsstay in their street clothes and sit on the bleachers. She stated that all thekids were sitting on the bleachers and she had a white board placed in frontof the cone and the rope area and would go over the do's and the don't'swhich were written on the white board. She states that she would removethe white board so that the students could view the rope as well as theorange cones and she would talk about the deep end and the shallow endof the pool as well as slippery surface as well as the slippery slope insidethe pool that separates the shallow end from the deep end. At one point intime in the interview Karen got very emotional and indicated that a lot of thestudents referred to her as the 'pool police' or the 'pool Nazi' because shewas very strict on safety while the kids were in the pool.

Again, she stated then they did begin the testing phase. She stated thatshe as on the east side of the pool, more on the north side of the rope areaor the rope inside the pool and that Joey Blackmore, the student teacher in

Page: 29 of 55


this case, was on the north side of the pool. She stated the students wouldstart at the rope on the east side of the pool but on the north side of therope and proceed to the north end of the pool and then proceed along thenorth end from the east to the west and continued doing their testing. Shestated when Freddie began; Freddie actually did not begin his test at therope. He actually began it north of the rope and swam to the northeastcorner of the pool and then began along the north end of the poolswimming for Blackmore from the east to the west. She stated that shedidn't really pay much attention to Freddie after he got to the northeastcorner of the pool and that she stated that was Blackmore's time to watchthe swimmers go from the east to the west side of the pool. She stated thatshe really was not really testing Freddie in this case due to the fact that sheknew that he really could not swim but stillwanted him to know that shewas watching and that they were watching him. She states that all the otherstudents continued testing.

She thought that they got to approximately the 'D's of the alphabet in thiscase at which time she stated she was notified by bothlas well asIin this case that there was somebody at the bottom of the pool in thedeep end. Karen stated that she remembers saying 'who is it' at which timebothJandltold her that it was Freddie. She stated she knewFreddie could not swim and did not see him moving. She stated sheimmediately yelled for Blackmore and from the time she was notified ofFreddie being at the bottom of the pool till Blackmore retrieved Freddiefrom the bottom of the pool and got him to the side of the pool and got himout of the pools was approximately 30 seconds. She stated she wanted toclarify that in the initial report narrative she indicated that she did not thinkthat Freddie was under water more than 30 seconds. She stated she wasreferring to from the time that she was notified that he was under water tothe time that he was removed from the pool was approximately 30seconds. She is unsure how long he was under water prior to her beingnotified.

She states that Blackmore jumped in the pool. She stated she knew that hewould be the only one to be able to remove Freddie from the pool becauseshe knew Freddie as being a muscular type of student, very dense and thatBlackmore was a much better swimmer than her and that is why Blackmorejumped into the water and removed Freddie from the pool. She statedwhen Freddie got to the side of the pool with the assistance of BlackmoreFreddie was face down in the water. She states she did not remember

Page: 30 of 55


seeing Freddie wearing any goggles but states that he may have beenwearing a tank top which she states she allows him to wear on occasions.She stated once Freddie got to the side of the pool she helped with theassistance of Blackmore removed Freddie from the pool and placed him onthe edge of the pool on the eastside of the pool approximately right aroundthe rope area and immediately began CPR. She states she did not see anysigns of bleeding or injury from the head but did state that he was foamingat the mouth and the nose. She stated at one point in time they checked fora pulse and they did get a slight pulse therefore she put Freddie in whatshe called the recovery position. They then checked for a pulse again andthere was no pulse so she put him back into the CPR position. She statedshe attempted to do mouth to mouth but because of the foam coming out ofthe mouth it was not working.

She also stated that she thought that when she saw Freddie in the poolprior to him being removed she thought he was more towards the bannerarea which is just on the south side of the orange cones more on the slopepart of the pool where it goes from the shallow to the deep end and not thatclose to the south side of the pool as indicated originally by Blackmore. Shealso indicated that at no time within the last 6 days of swimming has sheever seen Freddie go towards the deep end and has never seen himhanging onto the wall in the deep end. She did state that any time he gotclose to the rope area of the pool or the deep end she would tell him that itwas too deep. She indicated that his comprehension was very poor and lowand he had very limited English. She also indicated at one point in time thatshe thought he struggled to catch on even when something wasdemonstrated to him.

Again the interview with Karen was downloaded into this case file.

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SUP0 1 2_ 02 I 26 I 2014_Ja co b s en

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14-9321Jacobsen

Supplement0l2

l, Officer Cristie Jacobsen previously supplemented this police report and inthat supplement is an error. !n my previous supplement I stated that thefamily's native language is Tigrinya and that is not correct. The family'snative language is Kinyirwanda.

End of supplement.

lmg

Case Number: 2014-0000932'l . ORI: ND0090200

SUP013 0212612014 Libner

Page: 33 of 55


On2126114, l, SRO Libner, conducted an interviewwithllregarding this investigation.Jis a student at Fargo South HighSchool and was in the Fitness for Life class on the day of this incident.Prior to speaking withJl did obtain permission from his mother, overthe phone, on 2121114.

During my conversation withJhe corroborated many statements theprevious students provided.Jhimself was not participating in swimclass that day, and sat in the bleachers, on the north end, on the west sideof the pool.Jstated he did see Freddy, the victim, take the swim test,but after that, he was not paying any attention to what Freddy was doing.Jstated the only time he noticed Freddy after his swim test, was thathe heard someone say there was a person under the water, and whenthey pulled him out, Jsaw it was Freddy.Isaid when he heardsomeone yell there was a person under the water,Jcould see aperson in the middle of the deep end.Jsaid Mrs.Roesler grabbed apole to get Freddy out and then Mr. Blackmore jumped in the water andpulled him up and out of the pool.Isaid he saw Mrs. Roesler doingCPR on Freddy andJcould see foam coming out of Freddy's mouth.Jsaid people continued doing CPR. I askedJif there wasanything else he thought I should know and he said no. That ended myinterview with JEnd report.


SUP014 0212612014 Libner

Page: 34 of 55


On2126114, l, SRO Libner, conducted an interviewwith-

-regardingthisinvestigation.IisaStudentatFargo

South High School who was in the Fitness for Life class on 2118/14 whenthis incident occurred. Prior to speaking withll did obtainpermission from her mother, over the phone, on 2126114.

Iwas in the class that day but was not participating.Iwassitting in the bleachers with a couple other girls, on the west side of thepool, towards the north end of the bleachers.Istated she didremember seeing Freddy, the victim, bobbing up and down in the water, inthe shallow side of the rope.Idid not see the point at which Freddywent under the water and not come back up.Istated when sheheard one of the students yell someone was under the water, she stoodup in the bleachers and could see someone in the water.Istatedshe observed Mrs. Roesler try to reach Freddy with the pole and then Mr.Blackmore, the assistant teacher, jump in the pool and pull Freddy out.Isaid Freddy was on the deep side of the rope, near the middle.Istated Freddy was closer to the rope than the diving boards, andcloser to the east side of the pool than the west side. Jstated onceFreddy was pulled from the pool Mrs. Roesler immediately began CPR.Istated Mrs. Roesler had told all the kids to get out of the pool.

I askedlif she had anything else she thought I should know andshe stated no. That ended my interview. End report.


SUPOls 2126/2014 SKALICKY

Page: 35 of 55

14-9321SKALICKY

SUPPLEMENT 015

On today's date, Wednesday, February 26,2014,1 was asked a question inreference to this case of whether or not the victim Freddie in this case waspresent during the instructional day prior to any students from period 44entering the pool. According to the witness and instructor Roesler in thiscase an instructional day was given on the very first day of class whichwould have been on February 10 of 2014. The question that was raisedwas whether or not victim Freddie in this case was present on the day ofthe instructional day for period 44 for the Phy-Ed class at Fargo South. I

sent the information or the request to SRO Libner in this case as FargoSouth to advise whether or not Freddie was present and whether or not hewas absent or in class on this date. Libner responded that on Monday,February 10 it showed that Freddie was in class period 4A on this date.

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SUP016 02127/2014 Libner

Page: 36 of 55


On2127114, l, SRO Libner, conducted an interviewwith-Iand her sister,-Iregarding this investigation. Bothfand-are students at Fargo South High School and both werepresent in the Fitness For Life class on 2118114 in the Fargo South HighSchool pool when the incident in this investigation occurred. Prior tospeakingwithJand-!didreceivepermissionfromtheirparents, on2125114. BothJandJspeak very broken upEnglish and their parents speak even less English. Therefore, to obtainpermission to speak with them, I utilized an interpreter/para professional atFargo South High School. His name is Damber Subba. I requestedDambercontactJand-parentstoobtainpermissionformetospeakwithJand-Dambersuggestedhedoitformesince he speaks their language and personally knows the families ofIand-as well. I also utilized Damber during my interviewwithJandlto ensure they understood why I was speakingwith them and what my questions were.

Bothland-corroborated much of the same information I hadobtained from other students. BothJandlwere in the poolwith that day, in the area of the NE corner of the pool, close to wherestudents would be once they finished the swim test. BothJandIstated Mrs. Roesler provided instruction to the class on how thetest would take place and where students should wait of be in the pool,depending on their swimming abilities.

-did

not remember seeing the victim, Freddy, until he was pulledout from the pool.Istated she did remember seeing Freddy take hisswim test, but did not see Freddy after that until he was pulled out fromthe pool. BothJandlsaid as soon as Freddy was pulledfrom the water, Mrs. Roesler began CPR on Freddy.

I asked both girls if they had any information they thought I should know,and both answered with a no. At that time I ended my interview with bothgirls. End report.

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SUP017 0212812014 Libner

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on2l28l14,l,SRoLibner,conductedaninterVieWWithnregarding this investigation.Iis a student at Fargo South HighSchool and was in the Fitness for Life class in the pool at Fargo SouthHigh School on the day this incident occurred. Prior to speaking with

-l

did obtain permission from his mother, over the phone, on2t21t14.

Jstated he was in class that day and was in the pool.-corroborated much of the information other students had previouslyprovided.Ildid say Mrs. Roesler did tell the class that strongswimmers could go to the deep end and swimmers not as good needed tostay in the shallow end while waiting to take their test or after they havetested.Jstated he was in the pool, waiting to take his test, by therope, in the deep end.Jstated he did not see Freddy, the victim inthis report, take his test nor doesJremember seeing Freddyswimming around.Jstated there were two boys swimming around inthe deep end and he then heard them tell Mrs. Roesler there wassomeone at the bottom of the pool.

-said

Mrs. Roesler tried to usethe pole to reach Freddy but the pole was too short, so Mr. Blackmorejumped in and pulled Freddy out.Isaid he was instructed to go tellsomeone, solwent and told Mr. Hendrickson.Istated he wentback into the pool area.

I askedlwhen the boys in the deep end said someone was at thebottom of the pool, if he turned and saw where Freddy was at.Isaidhe did and Freddy was at the bottom of the pool in the deep end, rightwhere the slant in the bottom of the pool ends. I askedJif there wasanything else he could think of that I should know and he said no. At thattime I ended the interview.

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SUP0 L 8_02 128 I 2014_Libn er

Page: 38 of 55


on2l28l14,l,SRoLibner,conductedanintervieWWithmregarding this investigation.Iis a student at Fargo South HighSchool and was in the Fitness for Life class, in the pool, at Fargo SouthHigh School, the day this incident occurred. Prior to speaking withfI did obtain permission from her mother, over the phone, on 2121114.

Jstated she was in the pool that day in class.Icorroboratedmuch of the information previous students had mentioned.Jdid say,Mrs. Roesler did tell kids in the beginning of the swimming unit, that strongswimmers could swim anywhere in the pool and those who could not swimas well needed to stay in the shallow end.Jsaid Mrs. Roeslerrepeated this several times the day the swimming unit began, as there arestudents that could not swim well.Jdid not remember hearing Mrs.Roesler say it the day of this incident.

Jstated she did not recall seeing Freddy at anytime other than afterMrs. Roesler had been notified by two boys that there was someone a thebottom of the pool in the deep end.Jsaid the two boys who said thiswere J and J (referring to E and IIwhoboth have already been interviewed in this investigation by DetectiveSkalicky).

Istated she observed Mrs. Roesler try to get Freddy out of the poolwith the pole and when she realized the pole was too short, she told Mr.Blackmore to jump in and get Freddy out.Jstated when they pulledFreddy out, they immediately began administering CPR on Freddy.

I askedJif there was anything else she though might be important orthat I should know about and she said she could not think of anything. Atthat time I ended the interview withJ

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suP019 03t09/20t4 WHITE

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14-9321WHITE

SUPPLEMENT O1 9

On 3-8-2014 l, Officer Jessica White was asked to go to Essentia Hospitaland take photos of a male who had passed away. The male was involvedin an incident at South High in the swimming pool at an earlier date.

I took photos of his body and logged them into Laserfiche. I also made acopy of the photos, burned them on a disc, and dropped a copy of it off witha copy of the report at Hanson Runsvold on 3-8-2014 to be delivered withthe body to autopsy.

tdb


SUP020 03110/2014 Libner

Page: 40 of 55


On 3/101141, SRO Libner, conducted an interview with--regarding this investigation.Jis student at Fargo South HighSchool and was in the Fitness for Life class on 2118114, the date of thisincident.Priortospeakingwith]ldidobtainpermiSSionfromhermother to speak with her.

lnspeakingwith-manyofthedetailsweretheSameasstudentslhad previously spoken with .Iwas not participating in theswimming that day and was seated in the bleachers, on the West side ofthe pool during class.

Istated she did not see Freddy, the victim in this investigation, priorto him being discovered under the water.Istated the first time sheknew to look towards the deep end was when she heard Mrs. Roesler yellto Mr. Blackmore that Freddy was in the water. I askedJif she hadheard the boys that had been reported to be in the deep end yell to Mrs.Roesler andlstated she did not heard any boys yelling.Jstated when she saw Freddy under the water, he was on the deep endside of the rope, a little past half way in the pool, closer to the east side,on the slant of the pool. This is according to whereJpointed to me,on a sketch of the pool in my office, on a tablet of paper.

Istated she observed Mr. Blackmore jump into the pool, pullFreddy out of the pool on the East side of the pool by the rope, and thenMrs. Roesler began CPR on Freddy.

I askedJif there was anything else she thought I should know orthat she wanted to share with me and she said no. At that time I ended myinterview with I End report.

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SUPO2L 03ll0l20l4 Libner

Page: 41 of 55


on3/10l14l,SRoLibner,GondUctedaninterviewWithEregarding this investigation.Jis a student at Fargo South HighSchool and was in the Fitness for Life class on 2118/14, the date of thisincident. Prior to speaking withJl did obtain permission from hismother over the phone to speak withl on 2121114.

ln speaking withJhis remarks about that day are the same as theother students regarding how class started.Istated he is not surewhy, but he ended up taking his test right after Freddy, the victim in thiscase.Jstated he watched Freddy finish his test and Freddy startedswimming towards the area where kids were suppose to go after takingtheir test and thenJstarted his test.Istated it took him abouta minute to finish his test. Once he was done, Mr. Blackmore told him togo to the area kids were suppose to go when they were either done withtheir test or waiting to take it.Istated he had probably beensimmering for about two minutes when he heard the commotion of Mrs.Roesler yetling to Mr. Blackmore that Freddy was under water. After that,

Imade similar statements as previous student. He observed Mr.Blackmore jump in and pull Freddy out of the water, and Mrs. Roeslerbegan CPR on Freddy.

I askedJif there was anything else he thought I should know aboutor details we missed and he stated no. At that time I ended my interviewwithJEnd report.

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S UP02 2_ 03 I l0 I 2014_Lib n er

Page: 42 of 55


On 3/101141, SRO Libner, conducted an interview with--regarding this investigation.Jis a student at Fargo South HighSchool and was in the Fitness for Life class on 2118114, the date of thisincident. Prior to speaking withJl did obtain permission over thephone from his mother, on 2121114.

I speaking withJmuch of his details were the same as previousstudents interviewed.Iwas in the pool that day, but did not seeFreddy swimming prior to Freddy being pulled from the water by Mr.Blackmore.-had just finished his swimming test in the Northwestcorner of the pool when things started to happen.Istated the sameas other students as far as Mrs. Roesler attempting to use the pole toretrieve Freddy from the water, and Mr. Blackmore jumping in and pullingFreddy over and out on the east side of the pool near the rope. Mrs.Roesler began CPR on Freddy.

I askedJif there was anything else he thought I should know orquestions he had for me.Iasked me if itwas true Freddy had amedical condition and a seizure, and I replied that I had no information onFreddy's medical condition and I had not been informed of any seizure.

-did

not have anything else, and at that time I ended the interview.End report.

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SUPO23-3 / IO 12014_SKALICKY

14-9321SKALICKY

SUPPLEMENT 023

After getting a medical release form signed by the victim Frederic's motherin this case and issuing the medical release document to Essentia Healthon or around March 3,2014,1 received several pages from the medicaldocuments from Essentia Health. The items that I received were bothdoctors' notes regarding the victim Frederic's condition as well as duringhis entire stay at Essentia Health from the incident that occurred February18,2014 at Fargo South School. Again, there are several pages that weregiven to me by Essentia Health to include some photos and again doctors'statements as well as labs that were taken during Frederic's stay at thehospital. All of these documents will be scanned in to this case file. ! didjust glance at the doctors' note from the date of the incident and passedthat date of incident and did not notice anything in the doctors' notesindicating that there were any prior or any signs of injury to Frederic thatmay have possibly led to the drowning at the Fargo South Public School.Again, these documents will be scanned into Laserfiche.

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SUPO24_3 I IO I2OI4 _SKALICKY

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14-9321SKALICKY

SUPPLEMENT 024

On Saturday, March 8,2014,\ate afternoon, I, Detective Skalicky, wascontacted by Sergeant Chris Helmick with the Fargo Police Department.Sergeant Helmick advised me that the victim in this case, Frederic, had justpassed away at Essentia Health. I also was contacted by SergeantSanders here at the Fargo Police Department as well in reference toFrederic's status and that he had just passed away. An autopsy wasordered by the Cass County Coroner in this case and Frederic's body wastransported to Grand Forks. A preliminary autopsy report did come in andwill be scanned into this case file and again this is on victim Frederic,IIin this case. The preliminary cause of death indicates that therewas multiple system organ failure, cardiopulmonary arrest resuscitated andnear drowning in swimming pool. Again it is still considered an accident andthat is pending investigation based off the final autopsy results. A copy ofthe preliminary autopsy results will be scanned into this case file.

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SUP02 5_ 03 I ll / 20 l4_Libn er

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On 3/1 11141SRO Libner, conducted an interview withllastudent at Fargo South High School.Jwas present in the Fitness forLife Class on 2118/14, the date of this incident. Prior to speaking with

-l attempted to obtain information fromJmother, but was

unable to get a hold of her after numerous phone calls. On 3/1 1114,1spoke withlasking her how I could get a hole of her mother so I

could speak withllsaid she talked about it with her mother andher mother said it was no problem for me to talk withJDuring my conversation withJthe beginning was similar to the samedetails as previous students.Jstated she had taken her swim test andwas swimming around near the rope in the shallow end.lstated shedid see Freddy, the victim in this case, holding onto the side of the pool, inthe deep end on the east side of the pool.Isaid she didn't think toomuch of it and continued to swim.Jstated there were two other boysin the deep end that she remembers.Jsaid that was all she saw untilshe heard the screams that Freddy was under water.Jsaid shelooked and could see Freddy under water, on the deep side of the rope,about one third the width of the pool from the east side of the pool.Jsaid she saw Mrs. Roesler try to get Freddy with the pole but the pole wastoo short. Mr. Blackmore then jumped in and pulled Freddy out.JsaidMrs. Roesler began performing CPR on Freddy and after a short time,lsaid she could see foam coming out of Freddy's mouth.

I askedJhow long she thought it was from the time she saw Freddyholding onto the deck on the east side of the pool, in the deep end, untilMr. Blackmore pulled him out of the water.Iestimated 3 to 5 minutes.

I askedlif there was anything else she thought I should no, and shestated no. I asked her if she had any questions and she stated no. At thattime I ended my interview withJEnd report.

klp


SUP02 6_ 03 I 12 I 2014_Lib n er

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On 3/1 2114 l, SRO Libner, conducted an interview with Buddhi Khanpangi,a student at Fargo South High School. Buddhi was in the Fitness for Lifeclass on 21181143, the date of this incident. Prior to speaking with Buddhi,through the use of an interpreter, I obtained permission to speak withBuddhi from one of Buddhi's relatives.

During my conversation with Buddhi, he informed me he was in the poolon that day. Buddhi reiterated much of what other students stated abouthow class started. Buddhi stated he had finished his test and wasswimming around near the North West corner of the pool, where hefinished the test. Buddhi stated the only time he saw Freddy, the victim inthis case, was when Freddy was in the shallow end, near the center of theshallow end talking to another student. Buddhi stated the other studentwas Mangal Ghising. Buddhi stated he remembered there were a coupleboys swimming in the deep end but does not remember seeing Freddyover there. Buddhi stated the next time he saw Freddy was when Mr.Blackmore pulled Freddy out of the water.

I asked Buddhi if he saw Freddy in the water, under the water, prior to Mr.Blackmore pulling him out and Buddhi stated no, because he did not havegoggles on to go under the water. I asked Buddhi if he heard people tellMrs. Roesler Freddy was under the water, and Buddhi stated yes he hasheard two boys telling that to Mrs. Roesler.

I asked Buddhi if there was anything else he thought I should know and hestated no. At that time I ended my interview with Buddhi.

It should be noted, Buddhi speaks broken English. I did have aninterpreter with me to ensure Buddhi understood my questions and that l

understood his responses. End report.


SUP02 7_ 03 I 12 I 2014_Lib n e r

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14-9321, LibnerSupplement02T

on3/12l14l,SRoLibner,conductedaninterviewWithmregarding this investigation.Iwas in the Fitness for Life class onthedateofthisincident,2l18l14.Priortointerviewing-lobtainedpermission to speak with her, from her mother, over the phone on 2121114.

-statedshewasinthepoolthatdayandWaSoneofthefirstkids

to have taken the swimming test.Istated after her swimming testshe was wading around in the shallow end of the pool, where the kids whowere either done taking their test or waiting to take their test, wereinstructedtobebyMrs.Roeslerpriortothetestingstarting'-pointed on a sheet of paper, where I had drawn the pool area, to be thenorthwest corner of the pool.

I askedJif she had seen Freddy take his swim test and shestated no. I asked her if she had seen Freddy swimming anywhere in thepool and she stated she briefly saw him in the middle of the shallow end.Istated she did not see Freddy after that nor did she see himswimming anywhere else. I askedJif she saw where Freddywas in the pool when it was made aware he was under the water, and shestated no.

At that point I ended my interview withlEnd report.


SUP02 8_ 03 I t3 I 2014_Lib n er

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On 3/1 3114 l, SRO Libner, conducted an interview with Mangal Ghising, astudent at Fargo South High School. Mangal was in the Fitness for Lifeclass on the day this incident occurred which is2l18l14. Mangal is 18years old but speaks broken English. Therefore, I obtained permissionfrom a family member to speak with Mangal. I obtained this permissionthrough the use of an interpreter who spoke to Mangal's family membersfor me.

During my conversation with Mangal, he stated he was in the pool that daywaiting to take his swimming test. Mangal corroborated information otherstudents provided, regarding where Mrs. Roesler and Mr. Blackmore wereduring the test and where students were suppose to be when they werenot testing. Mangal stated he saw the victim in this case, Freddy, takinghis test before Mangal. Mangal stated he was over near the starting pointof the test, by the rope on the east side of the pool. Mangal stated henever saw Freddy swimming after his test and when the commotionstarted about Freddy being under the water, Mangal was still by the ropein the shallow end on the east side of the pool. Mangal observed Mrs.Roesler try to use the pole to get Freddy out and then Mr. Blackmorejumped in and pulled Freddy over to the east side of the pool to whereMangal was. Mangal stated he helped get Freddy out of the pool andwhile Mrs. Roesler was performing CPR on Freddy, Mangal was holdinghis hand until Mrs. Roesler told the students to get out of pool area.

I asked Mangal if he saw where Freddy was at in the pool prior to Mr.Blackmore pulling Freddy out, and Mangal said no. I asked Mangal if therewas anything we had not talked about that he thought I should know andhe stated no. At that time I ended my interview with Mangal.

It should be noted, because Mangal speaks very little English, ! utilized aninterpreter during the interview. End report.


SUP029 03/14/2014 Libner

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On 3/151141. SRO Libner, conducted an interview withIIregarding this investigation. Jamarr Love,Ifather, was alsopresent for the interview.-is a student at Fargo South High Schooland was in the Fitness for Life class on2l1$l14,the date of this incident.

Iconfirmed he was in the class that day and was participating in theswim test.Jcorroborated that students were informed by Mrs.Roesler they would be performing a swim test, as well as the instructionsof how the test would be conducted and where kids were suppose to bewhen they were waiting to take their test or done taking the test.Jalso confirmed where Mrs. Roesler and Mr. Blackmore were during thetesting.

Istated he had taken his test and was swimming around in the poollike the other students.Istated the last time he saw Freddy, thevictim in this case, was when Freddy was swimming around near the ropeof the pool.Icould not remember for sure what side of the ropeFreddy was on , the shallow end of the deep end.

Istated he had climbed out of the pool and gone over to the closetin the hallway, on the east side of the pool, to retrieve a football to playwith in the pool.Jsaid when he came out, there was commotiongoing on andJsaw Mrs. Roesler and Mr. Blackmore using a longpole to try and get something out of the water.Jstates he thenlooked in the water and saw Freddy at the bottom about in the middle ofthe deep end.Istated he then heard Mrs. Roesler tell Mr.Blackmore to jump in and get Freddy. Mr. Blackmore did.-said lateron in the interview, that at the time, he had been standing near Mrs.Roesler.Istated Mrs. Roesler toldlto jump in the water andhelp Mr. Blackmore with Freddy.-stated he did jump in the water,but Mr. Blackmore had already pulled Freddy up and over to the east sideof the pool nearthe rope.Isaid Mangal Ghising and Mr. Blackmorepulled Freddy out of the water and Mrs. Roesler began CPR on Freddy. Atthat time,Jleft the pool area as the students were instructed to.

Case Number: 2014-00009321, ORI: ND0090200.

I askedlhow many kids he sawswimming in the deep end and hesated two. I askedJif he could tell when he saw Freddy swimmingby the rope if he was swimming, bobbing up and down in the water orplaying and-stated he couldn't remember. At that time myinterview withJended.

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SUP030 031t412014 Libner

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on3/15l14l,SRoLibner,conductedaninterviewWithEregarding this investigation.Jis a student at Fargo South HighSchool and was in the Fitness for Life class on 2118114, the date of thisincident. Prior to speaking withll did call her mother and obtainpermission from her to speak withJ

Istated she was in class that day and was participating in theswim test.Jstated she was in the pool, atthe starting point of theswim test, which is at the rope, on the shallow side of the rope on the eastside of the pool.Istated she was about to start the test when thecommotion started.Isaid she heard someone was in the poolunder water, and she observed Mrs. Roesler trying to use the life pole toget the person out.-stated Mr. Blackmore then jumped into thepool and pulled Freddy, the victim, up and out of the water, with theassistance of a couple of the boys in class.Istated she then gotout of the pool as instructed by Mrs. Roesler.Istated Mrs. Roeslerthen started working on Freddy to get him to breath.Istated shesaw someone go and run to get help.

I askedlif she ever saw Freddy swimming around and she saidthe only time she did was right after he had finished his swim test, and shesaw him in the northwest corner of the pool.Isaid she didn't payany attention to him after that.

I askedlif she saw where Freddy was at when they yelled he wasunderwater in the deep end.-stated she didn't see him until Mr.Blackmore pulled him up.

I askedJif there was anything else that she thought I needed toknow and she said no. At that time I ended my interview withJEnd report.

Case Number: 2014-00009321. ORt: ND0090200.

SUPO31 O5I2II2OI4 SKALICKY

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14-9321SKALICKY

SUPPLEMENT 031

On Tuesday May 20,20141, Detective Skalicky received the autopsy finalreport on the victim Frederic Ndererimana. The autopsy final report wassent to me by Sarah Meyers who is the medical examiner in Grand Forks atthe Forensic and Autopsy services, (701) 777-2561. Meyers notes in herfinal autopsy report that the manner of death in this case has beendeclared as an accident. Meyers found no traumatic injuries during theautopsy. The complications in reference to the near drowning event weredeveloped into complications and followed the direct result of the cardiorespiratory arrest due to the near drowning event which occurred onFebruary 18,2014.

A copy of this final autopsy report will be scanned into this case file.

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SUP032 0512212014_Skalicky

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14-9321Skalicky

Supplement 032Case Summary

On February 18, 2014 Sgt. Mat Sanders and l, with the Fargo PoliceDepartment, were dispatched to the Fargo South High School indoor pool,located at 1840 1Sth Avenue South for a medical assist.

The information that I received was that the victim in a possible neardrowning incident, identified as a 19 year old student by the name ofFrederic Ndererimana, had been located at the bottom of the deep end ofthe indoor pool. CPR was administered on Frederic and upon our arrivalat Fargo South, Frederic had already been transported or was in theprocess of being transported to Essentia Health for medical treatment.

Upon arrival at Fargo South and also with the assistance of Det.Voigtschild, Det. Voigtschild and Sgt. Sanders went to the pool area andtook photos and measurements of the pool area, as well as met with one ofthe schooljanitorial statf members there and took pool PH levels andchemical levels inside the pool, which all fell within normal limits.

The photos that were taken by Det. Voigtschild have been downloaded tothis case file.

Officer Wes Libner, who is the School Resource Officer at Fargo South,interviewed several students who were amongst the phy ed class that wasbeing conducted at the time of Frederic's drowning incident. All of thesekids were interviewed either by myself or Officer Libner and theirstatements have been downloaded to this case file.

It did not appear during any of the interviews that there was any foul playinvolved and a majority of the students never actually saw Frederic enterthe deep end of the pool. A majority of them had indicated that the lasttime saw him, he was in the shallow end of the pool.

It should be noted that after speaking with the class instructor KarenRoesler that she had informed me that Frederic was not a very goodswimmer and that he struggled with the skills test that being conducted onthis date. Karen also informed me during her interview that she instructed,


not only Frederic, but the rest of the class and students that were not goodswimmers that they were not allowed into the deep end of the pool and thatthey needed to stay in the shallow end of the pool. This includedinstruction prior to this class even beginning.

I was then informed on March 8,2014 that the victim, Frederic, hadsuccumbed to medical issues and was pronounced deceased at EssentialHealth. The final autopsy was conducted by Sarah Meyers in Grand Forks,ND and her manner of death was an accident. A copy of the final autopsyreport has been scanned into this case file and this case is going to beclosed.

End of supplement.

lmg

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FARGO POLICE DEPARTMENTREPORTSummary

FARGO POLICE DEPARTMENTORI Number: ND0090200

trtrtr

Print Date/Time: Q5122120'14 12:30Login lD: RThomas

Routing:

US Attorney

LaserFiche Documents Exist

LaserFiche Documents - Not Sent

LaserFiche Documents - Sent

State Medical Examiner

Probation & Parole

Rape & Abuse

Juvenile Court

Social Services

City Attorney

States Attorney

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fargo police department report on pool incident

Documents

officer libner

officer abel

ndereimana wasnot

karen roesler

gabriel11 roesler

reporting officer ld

pool area fora male

code type