pursuit-1rm13qbc3g...18-6075 wisconsin motor vehicle agency pursuit report 1rm13qbc3g wauwatosa...

From: Luke VetterTo: Luke VetterSubject: mensah 18-6075Date: Friday, March 30, 2018 1:00:47 PMAttachments: CUserslvetterAppDataLocalTempvmx3zvrx.qimPursuit-1RM13QBC3G.pdf

Pursuit-1RM13QBC3G.pdf

Tosa 000603

18-6075

Wisconsin Motor VehicleAgency Pursuit Report

1RM13QBC3G WAUWATOSA POLICEDEPARTMENT

1700 NORTH 116TH STREET

$0.0000

$0.00

$0.0000

$0.0000

$0.0000

Weather Condition(s)

CLEAR

Road Surface Condition(s)

DRY

Air Support

NONE

Demographics

INTERSTATE HIGHWAY

Average MPH Over Limit26+

Max Pursuit Speed MPH110 MPH

Traffic Conditions

H - HEAVY

Monitored by Agency Supervisor

Light ConditionDAYLIGHT

Total Known Crashes000

# Other Known Agencies000

Pursuit OutcomePURSUED DRIVER NOT APPREHENDED

Police Interventions

NONE

Pursuit Conclusion ReasonPURSUIT TERMINATED BY AGENCY

Agency Pursuit Distance0.80 MI

Number of Agency Units01

Y Coordinate4772991.5

X Coordinate414311

Y Coordinate4774229.5

X Coordinate414015.125

Longitude-88.053078637

Latitude43.104805394

Longitude-88.056905801

Latitude43.115918113

Ending Location

INTERSECTIONON STH100 SBAT W HAMPTON AVE/ CTHEE WBIN THE CITY OF MILWAUKEEIN MILWAUKEE COUNTY

Starting Location

ON RAMP IH41 NB399 FT SOF CTH E/ STH100 NBIN THE CITY OF MILWAUKEEIN MILWAUKEE COUNTY

End Time5:43 PM

End Date03/15/2018

Start Time5:42 PM

Start Date03/15/2018

Initiating AgencyWAUWATOSA POLICE DEPARTMENT

Report Date03/30/2018

Reporting PersonSERGEANT LUKE VETTER

TOTALS

EstimatePropertyDamageFatalityInjury Injuries/Fatalities/Property Damage

Law Enforcement

Pursued Vehicle

Uninvolved Vehicle/Person

Other Property Damage

Details

Tosa 000604

18-6075

Wisconsin Motor VehicleAgency Pursuit Report

1RM13QBC3G WAUWATOSA POLICEDEPARTMENT

1700 NORTH 116TH STREET

Discovery OfMISDEMEANOR SUSPECT (NON-DANGEROUS CRIME)

Behavior During

SPEED RESTRICTIONS

Initial Reason for Pursuit

MISDEMEANOR SUSPECT (NON-DANGEROUS CRIME)

Total Occupants2

Vehicle TypePASSENGER CAR

Individual Condition

NOT OBSERVED

License StatusSUSPENDED

RaceWHITE

SexMALE

Age49

Initial Reason for Pursuit

Driving Behavior

Post Pursuit Discovery

Involved Operator/Vehicle

Agency Space

Tosa 000605

From: Jeff FarinaTo: Luke VetterSubject: RE: Purs. AA, Mensah(prime) 18-6075Date: Tuesday, March 27, 2018 6:07:43 PM

Luke, thanks for taking care of this. I agree with your decision for formal discipline, the speeds are ridiculous !Mensah knows better than that. Sorry you are getting dumped on Luke, I owe you when I return.________________________________________From: Luke VetterSent: Tuesday, March 27, 2018 3:24 PMTo: Brian ZalewskiCc: Jeff FarinaSubject: Purs. AA, Mensah(prime) 18-6075

Capt.-

See that attached pursuit after action documents for your review for PO Mensah.

Lt. Farina – note: I have asked for formal discipline to be considered.

Lt. Luke VetterPatrol Division – Day Shift (6am-2pm)Wauwatosa Police Department1700 N. 116th St.Wauwatosa, WI 53226Phone: 414-471-8430 ext. 5161Fax: 414-471-8447Email: [email protected]

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From: Luke VetterTo: Brian ZalewskiCc: Jeff FarinaSubject: Purs. AA, Mensah(prime) 18-6075Date: Tuesday, March 27, 2018 3:24:58 PMAttachments: 18-6075 Pursuit AA - Mensah (Sgt KS).pdf

18-6075 Pursuit Supplement-Mensah (Sgt KS).pdf18-6075 Pursuit AA Cover Sheet (Lt LV).pdf18-6075 Mensah sup.pdf18-6075 homegoods pursuit.wma

Capt.- See that attached pursuit after action documents for your review for PO Mensah. Lt. Farina – note: I have asked for formal discipline to be considered. Lt. Luke VetterPatrol Division – Day Shift (6am-2pm)Wauwatosa Police Department

1700 N. 116th St.Wauwatosa, WI 53226Phone: 414-471-8430 ext. 5161Fax: 414-471-8447Email: [email protected]

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Supplementary ReportIncident Report Number: Incident Location:

New Incident:

Incident Date:

Reporting Officer(s):

Reviewed by:

Report Date:

Copy To: Page:

NARRATIVE

Initial Call:On 03/15/18 at approximately 5:36pm, I, Officer Joseph Mensah, was dispatchedto Home Goods, 11100 W Burleigh St., for a report of Retail Theft. Vehicle Pursuit:As I approached the store, a beige Toyota Camry bearing WI Reg. 720-XKH, passedby my squad. I saw the driver and he was a M/W with a full beard wearing agreen knit winter hat. The passenger was a F/W. The vehicle continued past meand left the lot at a high rate of speed. By the time I could turn around inthe parking lot, the vehicle as W/B on W Burleigh St. from N 112th St. I attempted to catch up to the vehicle, and as I turned W/B onto W BurleighSt., I could see the suspect vehicle traveling N/B up the on ramp to N/B US HWY45. I continued to attempt to catch up to the vehicle and was eventually ableto, N/B on US HWY 45, south of Silver Spring Dr. I activated my emergencylights and siren and the vehicle signaled to exit the freeway at Silver SpringDr. The vehicle came to a stop facing E/B on Silver Spring at N Lovers Lane Rd. Soon after stopping, the driver looked back over his right shoulder andswitched to the far right lane to turn S/B on N Lovers Lane from Silver SpringDr. I saw the driver again, and saw that he was a M/W with a beard wearing agreen knit winter hat. My emergency lights and siren were still active,however the vehicle slowly began to accelerate. I informed Dispatch I was inpursuit. The pursuit path was as follows:- S/B on N Lovers Lane from Silver Spring Dr., to W Hampton Ave. My top speed during the pursuit was 75mph. The pursuit went for 0.8miles andlasted 1 minute 45 seconds. Suspect Identification:The vehicle's license plate was 720-XKH. It listed to a beige 2004 ToyotaCamry registered to listed address was . Jackson PD was contacted and they will advise the Wauwatosa Police Dept. Ifthey make contact with . Please see P.O. Miszewski's Incident Report regarding the Retail Theft

1 Of 3Tosa 000608

19-02743619-027436 10700 W Capitol Dr, Wauwatosa, WI, 5322210700 W Capitol Dr, Wauwatosa, WI, 53222

Theft - All Others >=$200Theft - All Others >=$200 9093 9093 Original CFS Code - 1:Original CFS Code - 1: New CFS Code -1 : New CFS Code -1 :

2399B 2399B New CFS Code - 2:New CFS Code - 2:

11/4/1911/4/19

Payroll Number :Payroll Number :Mensah, Joseph A.Mensah, Joseph A.

Payroll Number :Payroll Number :

67016701 11/04/201911/04/2019

6051 6051 60516051

Continuation

Reporting Officer(s): Pages::

Incident Report Number Incident Location: Incident Date:

VEHICLE OWNER

W/M-44 of

---------------------------------------------------------------------------

2 Of 3Tosa 000609

Wauwatosa Police DepartmentWauwatosa Police Department

19-02743619-027436 11/04/201911/04/201910700 W Capitol Dr, Wauwatosa, WI, 5322210700 W Capitol Dr, Wauwatosa, WI, 53222

Mensah, Joseph A.Mensah, Joseph A.Payroll Number :Payroll Number :

67016701

Continuation

Reporting Officer(s): Pages::

Incident Report Number Incident Location: Incident Date:

VEHICLE

Owner Year: 1994 Make: Toyota Model: Camero/Camry Style: 4DR Sedan Color: Beige/Beige Plate#: 720XKH-WI Expiration Year: 2018 Vin#: JT2SK12E9R0215898

---------------------------------------------------------------------------

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Wauwatosa Police DepartmentWauwatosa Police Department

19-02743619-027436 11/04/201911/04/201910700 W Capitol Dr, Wauwatosa, WI, 5322210700 W Capitol Dr, Wauwatosa, WI, 53222

Mensah, Joseph A.Mensah, Joseph A.Payroll Number :Payroll Number :

67016701

Wauwatosa Police Department Vehicle Pursuit After Action Report - Revised 11/17/17

Prepared by: Sgt. K. Strands Shift Commander: Lt. Farina Date of Report: 03/21/2018 Case # 18-6075 Pursuit Data

Pursuit Date: 3/15/2018 Day of Week: Thursday

Time Started: 5:42:00 pm Time Ended: 5:43:45 pm

Location Started: I 41 N/B at W Silver Spring Dr Location Ended: W Hampton Av at N Lovers Ln Rd

Duration: 1 minute 45 seconds Total Distance: 0.8 miles

Pursuit Initiated By: Name: PO J. Mensah Squad # 241 TDD Deployed: Yes No

No. of Squads Involved: 3 Vehicle Hit TDD: Yes No N/A

Maximum Speed: 110 MPH TDD Type: Stop Sticks Magnum N/A Reason for Pursuit: Felony Misdemeanor Wanted Person Other Traffic Offense Ordinance Violation Suspicious Behavior Outcome: Terminated by Officer Suspect(s) Stopped on Own Accord Crash Terminated by Supervisor Vehicle Abandoned - Suspect(s) Apprehended Other: Suspect Vehicle Failure Vehicle Abandoned - Suspect(s) Escaped Crash Information: No crashes occurred If crash occurred: PDO Injury Fatality Debriefings

Officer Role: Primary Officer Name: PO J. Mensah Squad #: 241 Date of Debrief: 3/21/2018

Vehicle # P223 Marked Unmarked Squad video available: Yes No

Disposition: No violations found (no narrative) On-shift counseling (add narrative) Supplement attached Narrative: See the supplement word document.

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Debriefings - Continued Officer Role: Secondary Officer Name: PO S. Spakowicz Squad #: 231 Date of Debrief: 3/15/2018


Disposition: No violations found On-shift counseling (add narrative) Supplement attached Narrative: PO Spakowicz was dispatched as a secondary officer, driving with due regard ELS and properly terminating her response.

Officer Role: Secondary Officer Name: PO S. Miszewski Squad #: 235 Date of Debrief: 3/15/2018


Disposition: No violations found On-shift counseling (add narrative) Supplement attached Narrative: PO Miszewski was dispatched as a secondary officer, driving with due regard ELS and properly terminating his response.

Officer Role: -Select One- Name: Squad #: Date of Debrief:

Vehicle # Marked Unmarked Squad video available: Yes No

Disposition: No violations found On-shift counseling (add narrative) Supplement attached Narrative:

Conclusion: No further action is necessary On-shift counseling suitable See attached supplement Notes:

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Wauwatosa Police Department Pursuit After-Action Cover Sheet

Page 1 of 3

Date: 3/27/18

To: Capt. Brian Zalewski

CC: Lt. Jeff Farina

From: Lt. Luke Vetter

Subject: Vehicle Pursuit 18-6075 (PO Mensah-prime; Miszewski & Spakowicz-assists)

I have reviewed the pursuit after action paperwork, squad video and dispatch audio submitted by Sgt. Strands for pursuit 18-6075. I agree and believe the initiation of the pursuit was legal, justifiable, not desirable, and should have been quickly terminated. This pursuit stemmed from a retail theft.

Officers’ Spakowicz and Miszewski Dispositions:

Both PO Spakowicz and PO Miszewski drove safely and with due regard. There were no violations of policy.

Officers Mensah’s Disposition:

PO Mensah was counseled by Sgt. Strands on the following items:

1. Driving through heavy traffic above the speed limit with only lights, no siren activated 2. Going almost 100mph N/B on HWY 41 with only lights on, no siren, to “catch up” to and

“not alert” the suspect auto he was coming 3. Using the inside freeway “break down lane” at rush hour to pass other traffic 4. Hitting a top speed with E/L/S on of 110mph 5. Pursuing a suspect with a plate that listed to the vehicle, allowing for further

investigation

I met with PO Mensah on 3/27 to speak to him – I was very displeased with his emergency driving. PO Mensah appeared very disappointed in himself, also, and said he had watched his own squad video numerous times since this incident. H said he “knew” discipline would likely result. He was accepting of ALL the five violations listed above that Sgt. Strands and I pointed out.

PO Mensah said he knew this was not a desirable pursuit, but for some reason he had the “get the bad guy” urge that over took his decision making this time.

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Page 2 of 3

I could find no Early Shift emergency vehicle operation problems from Mensah’s last 3 months on Early Shift (Lt. Farina is on vacation – Sgt. Strands provided info that other recent Early Shift pursuits involving PO Mensah showed good EVOC decision making.)

I reviewed PO Mensah’s Late Shift history of pursuits and E/L/S operation when I was his Lieutenant for all of 2017. There were 14 pursuits that he was involved with in 2017. Ten of them were good, solid EVOC driving with very minor on-shift coaching – this is how I know PO Mensah to normally drive.

Four of the pursuits required “on-shift counseling” from a Sergeant or myself for the following reasons:

1. needing to turn on E/L/S first, then accelerating above speed limit (18-21023) 2. needing to slow down in a construction zone during a pursuit (18-24993) 3. finding a safer TDD location as an assisting unit (18-26825) 4. speed that was too high on a freeway (100mph) and low desirability pursuit for a traffic

violation (18-31736)

PO Mensah violated Wauwatosa Police Department Rule & Regulations #12-Operating City Vehicles (class 2 sanction): “Department members shall operate and drive City owned vehicles with safety at all times. Negligence in the operation of a City owned vehicle is a breach of public trust and demonstrates a disregard for life and property.”

I believe this is the first recent violation by PO Mensah to be formally reviewed for Rule #12. The discipline chart suggests “N/A” up to a documented written reprimand for a first violation. Therefore, I respectfully request PO Mensah receive a letter of reprimand.

Sgt. Strands’ Disposition:

Sgt. Strands heard PO Mensah with siren activated when he caught up to the suspect, inquired about the pursuit, and then obtained license plate info quickly. Sgt. Strands properly terminated the pursuit, and even could have done so sooner with the original crime only being a retail theft with low desirability in the first place.

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Page 3 of 3

Conclusion:

The pursuit was legal and justifiable. It was not desirable. I believe this violation should be reviewed for formal discipline-letter of reprimand. I think this will get Officer Mensah to understand the dangerous driving he partook in, and hopefully will send a message to other Officers who may still be stubborn about NOT pursuing low desirability suspects.

I filed the pursuit data with the State of WI via the TRACs system.

Respectfully Submitted,

Lt. Luke Vetter, 3/27/18

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18-6075 PO Mensah Pursuit After Action Supplement March 21, 2018

PO Mensah was responding as an assist officer to Home Goods for a retail theft. PO Mensah did not immediately know it, but he passed the suspect vehicle leaving the parking lot as he pulled in. A few moments later PO Mensah had the information and turned around after the suspect. PO Mensah followed the vehicle onto the freeway N/B and initiated a pursuit as they exited at W. Silver Spring Dr. The pursuit turned south on to Lovers Lane Rd. The vehicle was not stolen and the plates listed to the vehicle being pursued. I terminated the pursuit a short time later.

I reviewed the Arbitrator video and dispatch audio the following day. The video starts with PO Mensah turning into the Home Goods parking lot. Witnesses are waving frantically at the suspect leaving past PO Mensah. He pulled out on to W Burleigh St headed west after the suspect vehicle, a beige Toyota Camry. PO Mensah activated his emergency lights to get through traffic, but not his siren. He was traveling approximately 20-25 MPH over the posted speed limit. The suspect turned on to I 41 N/B and PO Mensah followed. Still with only his emergency lights activated, PO Mensah accelerated to 100 MPH in an attempt to catch up with the suspect vehicle, which was approximately one quarter mile ahead. PO Mensah was traveling in the right and middle lanes initially, then moved to the left lane. He used the breakdown lane to pass a vehicle in the left lane. As PO Mensah crossed W Capitol Dr he activated his siren and accelerated to a top speed of 110 MPH.

Just south of W Silver Spring Dr the suspect Camry can be seen ahead, weaving through traffic. The driver exits and turns east, being stopped by traffic at the end of the ramp. This is the point I ask PO Mensah over the radio if he was in pursuit. He responds no, that he was trying to catch up. PO Mensah states that they were stopped. At the time I interpreted that to mean pulled to the side of the road and he had compliance with the traffic stop attempt. A few moments later, PO Mensah said that the suspect was moving again and that he had initiated a pursuit heading south on Lovers Lane Rd. PO Mensah still remained calm and clear on the radio, providing updates and conditions. I terminated the pursuit due to lack of desirability.

PO Mensah and I reviewed his squad video together. I pointed out areas I had concern with before and during the pursuit. I addressed his speed on W Burleigh St without a siren activated. That continued on to I 41 where his speeds approached 100 MPH. PO Mensah was aggravated with other drivers not yielding and I pointed out he did not have a siren on. We discussed that an authorized emergency vehicle needs to have the audible and visual signal as such he was not. I also addressed his speeds over 100 MPH, weighing that with the nature of offense being a retail theft. In this case the desirability was not there to be driving that fast on a crowded freeway. Based on the video, I believe that PO Mensah should have stated he was in pursuit of the suspect as they were exiting at W Silver Spring Dr. Traveling over 80 MPH on the off ramp was an indication of fleeing. I would have rather he stated they had stopped in traffic because the suspect had been stopped by a red light rather than simply they had stopped. Once PO Mensah radioed he had initiated the pursuit heading south on Lovers Lane Rd, I believe that he was driving with due regard and he properly terminated the pursuit after I gave that instruction.

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18-6075 Supplement Continued.

PO Mensah told me that he understood all of the points that I addressed regarding his driving. Those areas were his driving in excess of the speed limit without a siren activated, excessively high speeds and decision to continue due to lack of desirability for a retail theft. PO Mensah did not make excuses, rather the opposite, telling me he would learn from this and apply it in the future. He did offer the explanation that passing the suspect and seeing his face made him want to “get the bad guy” a little too much and that played into his decision making when it should not have. PO Mensah said he didn’t use his siren because he didn’t want to alert the suspect he was behind and cause a pursuit to start. We reviewed the requirements for an authorized emergency vehicle and exceptions. PO Mensah commented when we sat down to debrief this that he had been worried for several days. He recognized he had not used the best judgement.

I have reviewed other pursuits PO Mensah has been a part in. He has demonstrated good decision making in the past and I do not see this incident as a pattern. I believe that PO Mensah has learned from this and do not anticipate reoccurrences. I am requesting on shift counseling to address the issues at hand.

Respectfully,

Sgt. Kyle Strands

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