STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE, COUNTY OF GASTON = |SUPERIOR COURT DIVISION IF CVS 2899 IN THE MATTER OF: min see 30 P 20 ) CUSTODIAL LAW ENFORCMENT 9° Wefified Motion to Show Cause AGENCY RECORDINGS ) SOUGHT BY NICHOLAS A. OCHSNER) NOW COMES the undersigned petitioner, Nicholas Ochsner, (hereinafter “Ochsner”), a pasty the abovertitled wiv, and wuoves the Court for an order directing The Honorable R. Locke Bell (hereinafter “District Attomey Bell”) to appear and show eause why he should not be held in contempt for violation of an order dated August 13, 2019. This motion is made pursuant toN.C.GS, 5A.23(al). In support ofthe motion, movant alleges the following: 1. Ochsner yettioned this Court on July 16, 2019 pursuant to N.C. GEN. STAT. 132 1.4A(g for release of custodial law enforcement agency recording depicting a pursuit, erash and subsequent response involving the Gaston County Sheriff's Office took place on Sunday, July 14,2019. Ochsner’s petition was served on Distriet Attorney Bell a required by he pertinent statutes, 2. Abhearing on the petition filed by Ochsner was held before The Honorable W. Robert Bellon July 22, 2019. Distict Attomey Bell appeared and participated in the hearing on Ochsner's petition by opposing release and making other contentions as tothe propriety of (Ochsner's petition and conduct 3. Following the hearing, Judge Bell entered an onder granting release of five DVDs containing recordings responsive to Ochsner’ petition. A true and accurate copy ofthe order is attached as Exhibit A and incorporated by reference. 4. Inhs order granting release of the recordings, Judge Bell ordered thatthe recordings be released by the Gaston County Sheriff's Office (hereinafter “GCSO") to Ochsner “on August 23, 2019, no late than 5:00p.m.” The order further specified that the recordings could be released to the public by GCSO affer the video had been released to Ochsner5. Also inhis order releasing the recordings, Judge Bell noted that Ochsner was a reporter ‘ot WBTV but made the request for video “individually and notin his capacity asa ews reporter.” 6 On Monday, August 19, 2019, Masta Thompson, a storney for @CSO, ens (Ochsner instructing him to pick up the video at her office at 5:00 pum. on Friday, August 23, 2019. A true and accurate copy of Thompson's email is attached as Exhil by reference. 7. OnFriday, August 23, 2019, WCNC, the NBC-affiliated TV station in Charlotte, broadcast video captured by GCSO body cameras ofthe immediate aftermath ofthe pursuit on ‘Sunday, July 14, 2019 in its noon newscast. In his live report, WCNC reporter Richard DeVayne sid the station obtained the video from “the District Attomey's Office.” B and incorporated 8 Upon information and belief, WCNC had not petitioned for release ofthe recording pursuant to N.C. GEN. STAT. 13 -1 4A(g) and no order granting release of the recording to WCNC had been entered by any court. 5. Upon information and belief, WSOC, the ABC-afiliated TV station in Charlotte, also obtained video of the GCSO pursuit from the District Atlomey's Office and broadcast the video during its noon newscast on Friday, August 23, 2019, 10, Upon information and belief, WSOC had not petitioned for release ofthe recording pursuant to N.C. GEN. STAT. 132-1 4A(g) and no onder granting release of the recording to WSOC had been entered by any court 11. Atthe time WCNC and WSOC broadeast the GCSO body camera from the pursuit, Ochsner had not been provided a copy of the recordings ordered released by Judge Bell 12. Shortly after the recordings were broadcast by WCNC and WSOC, Thompson, the GCSO attorney, emailed Ochsner and told him he could come get the GCSO pursuit video ‘now. Ina subsequent email as part of that same exchange, Thompson told Ochsner that GCSO ‘had not released the video to anyone. A true and accurate copy ofthe em thread between ‘Thompson and Ochsner i attached as Exhil and incorporated by reference. 3. The order ofthis Court allowing release of the video directed the District ‘Attome to “provide the families of the deceased and injured individuals the opportunity to view the videos prior to their release.”14. The order does not permit release of the video by the Dist information and belief, the District Attorney has not sought any such release. 1S, N.C. GEN. Star, 132-1.4A(@) requires a court order forthe release of a law enforcement ageney carding to the general public * Attorney and, upon WHEREFORE, the movant prays the court as follows: 1. That an Order to Show Cause be issued directing The Honorable R. Locke Bell to appear before the Court and Show Cause why he should not be found in civil contempt of Court for violation of the order as alleged and for violation of GS. 132-1.4A(@); 2. Provide further relief as the Court shall deem just, proper and authorized by law. Respctly submited, thi the any of Setember, 2019 “x Nicholas A. Ochsner, pro se 3112 Auburn Avenue Charlotte, NC 28209 704-641-7538, 1, Nicholas A. Ochsner, bing duly sworn, deposes and says that Lm the movant in the foregoing action, that I have read the foregoing Motion to Show Cause ad an fin with te contents thereo, that same is tue of my own knowledge except a o those mates 88 may therein be alleged upon information and belief as to those mater, I believe them tobe tue EL (Gignature of Affiant) Swom fo and subished to me, this @” “ay of A— , 2H 5 . ace a> (Notary Publicy ty Gomis xen Hach 20, 3880 ‘My Comiissiob Expires:OF CUSTODIAL LAW ORDER REGARDING PETITION ENFORCEMENT AGENCY FOR RELEASE OF CUSTODIAL RECORDING LAW ENFORCEMENT AGENCY RECORDING | ‘THIS MATTER came on for hearing on July 22,2019 before the undersigned Superior Court Judge presiding in Courtroom 48 in Gaston County Superior Cout on the Pein for Release of a Law Enforcement Agency Recording which was fled July 16,2019 by Nick ‘Ochsner, pursuant to N.C.G-S, §132-1.4A seeking release of all law enforcement video related to the pursuit of Joshua Todd Soule by the Gaston County Sherif Office and subsequent rash ‘hat took place on Sunday, July 14,2019 around 7:30pm. and any response tothe sen following the eras, Petioner Ochsner, although areprter for WBTV is making the request individually and notin his capacity as a news reporter, reyeesented himself the hearing. ‘The Gaston County Sheriffs Office was represented by Martha Thompson, Mr, Locke Bell represented the Disriet Attomey’s Office and Mr. Stewart Higdon represented the Public Defender's Office who has been appointed to represent Josina Todd Soule. The Cou. having: (1) reviewed the Petition, 2) heard arguments from Petitioner, counsel fr she Gas Couny Sheris Oice he Dist Atormey aed the Public Defence (3) reviewed three news articles published by FOX 46, WSOC andthe Gaston Gazette regarding the July 14, 2019 incident, (4 reviewed body cam videos recording events ator nea the scene ofthe July 14, 2019 incident taken by vatious Sheriff's deputies onthe scene. including encounters between Deputies Thoms and Buchanan and Mr. Soule, makes the fliowing Findings of Fact and Conslusons of Law EINDINGS OF FACT 1. Petitioner sought release pursuant tN.C.GS. § 132-1 4A(g ofall law enforcement ‘video related to the pursuit of Joshua Todd Soule by the Gaston County Sheriff's Office and sulpsequent eras that took place on Sunday, uly 14, 2019 around 7:30pm. and any response to the scene following the erash Ex. ft2. The persons required tobe served under this sarte were properly served and rcelved netie ‘oF this hearing. 3. The head ofthe custodial law enforcement agency did give notice ofthe Petition and the July 22,2019 hearing to all law enforcement agency personnel whose images or voices are captured inthe Recordings abel after the fat snd they have Waived their appearance. 4. Bach person entitled to be noted of thls proceeding was given an opportunity to be heard. either individually or by such persons designated representative 5.The Gaston County Sheri’ Office, through the Distt Attomey, provided the Court with ‘cepes ofthe relevant portions of the Recordings whose release Petitioner seks in its Petitions 6. The Gaston County Shevills Of Petitioner. i ot objet w de lene ufthe Recndings sought by 7. The Gaston County District Attorney objected to the release ofthe Recordings at this time, on ‘the hasi that their review of the investigation hy CMPD into the Il 14.7019 imcient involving Mr, Soule was not completed, and tat release ofthe Recordings tothe public prior to the completion ofthe investigation may jeopardize te integrity ofthe investigation 8. The Gaston County Public Defender objected tothe release ofthe Recordings at this time, on ‘he basis that deir review ofthe investigation by CMPD int the July 14,2019 incident involving Mr. Soule was not completed, and that release of the Recordings tothe public prior to the completion ofthe investigation may jeopardize the integrity ofthe investigation 9. The Recordi DVD disks labled reviewed by the Court in considering the Petitions were contained on five (5) (1), Body Cam Footage 1-5 containing the following files: O6Josh_Soule (Deputy Buchanan), 06Josh_Soule (Deputy Thomasl). Ofosh_Soule (Deputy Morea), O6losh_Soule (Depaty Griffin), O6losh Soule (Sgt. Stillwell), (2. Body Cam Footage 6-10 containing the following files: O6losh_Soule (Deputy Thomas2),O6tosh Soule (Sg. Stilvell2), O6losh Soule (Sat. Siliell3), O6losh_ Soule (Sgt Siilvell),O6rosh_Soule (St. Stile) {Q). Sheriff's Office Vehicle (Buchanan) on scene, contanirg the following files: Video Recording of Vehicle on Saene; (4) Vehicle in Sally Port containing the following files: ‘BuchananVehileTnSallyPoviSallyport Rarop 947 (Sally Port Ramp BuchananVehicleinSallyPorSellyport Ramp. %72 (vehSallyA): ‘BuchananVehiclelnSallyPortSallyport Ramp_941 (vehSallyB)(5) Body Cam containing the following files: OGlosh_SouleDeputy Thomas, ‘A6fosh_SouleDeputyThomas2, Trai, Stop_ChaseBuchanan INCLI IONS OF LAW, 1. Pursuant to N.C.GS. § 132-1 4A(g), Petitioner Ochsner is “person” with standing o file a Superior Court action seeking an ordet directing release ofthe Recordings. 2. In applying the balancing test set forth in N.C.G.S, § 132-1 44(9), the Court concludes as follows (2). The Recordings arise fom and relate to matters of significant pubic interest, specifically (1) ‘the July 14, 2019 ieident involving Gaston County Shert's Deputies attempting to make a traffic top for suspected driving while impaired. During the course of attempting to stop the suspect driver and ear struck two individuals. One died (Antrel Garigan) and one was seriously injured (Shawn Smith), There is significant and intense disagreement within the community as to whose ca struck the two individuals, Mt. Soule's or the Denies". Thee is therefnre pond cause to release the Recordings, and their release to the publics necessary to advance @ ‘compelling public interest. (6). The Recordings contain information ofa highly sensitive personal nature inthat they involve the death of one individual and the serious injury of another. Additonaly they show members of the community is highly agitated emotional tates. In addition some of the footage shows Mr. Soule being arrested, (©), Release of the Recordings will not create a serious threat othe fir, impartial and orderly ‘administration of justice, in light ofthe availability of extensive voir deat rial aswell as other ltematives avaiable to a trial cour for ensuring afar and impartial jury. See In Re: The Charlotte Observer. 882 F, 2850, 855-56 (Ath Cit. 1989) (Stating "irereasingly the courts ere expressing confidence that voir dire can seve in almost all eases asa rlible protection against juror bias however induced") (@). Theve is an active exsinal investigation it the July 14,2019 inident by the Nous ‘Caroline Highway Patrol, North Carolina State Bureau of Investigation, and the Pubic Defender’s Office. Ii anticipated that the investigations willbe substantially concluded by 30 days ater July 22,2019 (€). The other factors for consideration set forth in N.C.GS § 12-1 4A(@)(2, (3) and (8) are not felevant to the issues pescated bythe Petitions 3. Having considered the factors specifically required or otherwise permitted to be considered by ‘the Court pursuant to N.C.G:S. §132-1.4A/, the Court has concluded thatthe Recordings sought by Petitioner should be released tothe public, 4. The Gaston Cousty Shaslls Office sll slease to Petitioner ou Auyust 28,2019, w later than 5:00p.m., copes of the Recordings as set forth inthis Order below.TTIS, THEREFORE ORDERED, AS FOLLCWS: 1. Petitioner’ request fr release ofthe Recordings described in the Petitions is hereby GRANTED, 2 follows, 2. On August 23,2019, no later than 5:00pm. the Gaston County Sherfs Ofice, custodian of | ‘the Recordings sought by Petitioner, shall release to Petitioner: (1) Boly Cam Footage 1-5 containing the following files: O6losh_Soule (Deputy Buchanan), O6fosh_Soule (Deputy Thomas), O6Josh_ Soule (Deputy Morgan), ‘O5losh Soule (Depity Grillin), O6losh_ Soule (Spt. Silivell; 0) Rody Cam Footnge 6-10 ontaining the following fs: Oftosh_Soute (Deputy “Themas2), Olosh_Soule (Set. Sillwell2), O6f0sh Soule (Set. Stlhvell3}, O6tosh_Soule (Sg Stliweld), OGlosh, Soule (Sgt, Sle): @). Sheriff's Office Vehicle (Ruchanar) on scene, containing the following files: Video Recording of Vehile on Beene, (3) Vehicle in Sally Port containing the following files BuchananVehicletnSallyPorSalyport Ramp 96T1 (Sally Port Ramp); Buchanan VehiclelnSallyPorSallypor Ramp _96T2 (vehSally A} BuchananVehiclelnSallyPerSalyporRamp_%T3 (vehSallyB) (5) Body Cam containing the following files: Oédoch SouleDepetyThomas, O6losh_SouleDeputyThomas2, Trafic_Stop_ChaseBuchanan 3. The District Atomey shall provide the families of the deceased and injured individuals the ‘oppostuity to view the videus ive w et tlease 4. After release has been made tothe Petitioner, the Petitioner andthe Gaston County Sheriff's (Office may further release he recordings wo dhe public as they deem appropriate. cee ene W. Rober ell, Judge Presiding ‘Tris the [Bday of August, 2019,CERTIFICATE OF SERVICE Ne, Nick Ochsner ‘Julian Price Pace Chariote, NC 28208 Mr. R Locke Bell, Distriet Attomey's Office 4325 Dr, Martin Luther King,Jr. Way ‘Gastonia, NC 28052 Mr. Stewart Higdon Public Defender's Office 5325 Dr, Martin Luther King, J. Way Gastonia, NC 28052 Ms. Martha R. Thompson PO Box 995 Gastonia, NC 28083From: Martha Thompson Sent: Monday, August 19, 2019 1:20 AM Te: Ochener, Nick Subject: Re: Chase video release Thanks for asking |wilhave a copy for you on Friday to pick up from my fice at S pm. The address is 401 East Franklin Bld, Gastonia (On Aug 19, 2019, t 10:31 AM, Ochsner, Nick wrote: Ms. Thompson- | wanted to touch base regarding arrangements for me to get the video that udge Bel has ordered released tis Friday. Should | work with you to figure out how toger the vdeo or should I cal the Sheri’ Ofice? Thanks Nick Nick Ochsner | Chief Investigative Reporter sochenen®wbtvcom W: 708.374.3981 | C: 704.681.7538, NEWSROOM: 704.374.3691 -image001 p> Ex.8&Ochsn. From: Martha Thompson Sent: Friday, August 23,2019 1223 PM, To: Ochsner, Nik Subject: Re: GCS0 videos Please have your colleague bring credentials “he sherif has not released to anyone. >On Aug 23,2019, at 12:19 PM, Ochsner, Nick wrote: > Im not avaiable to pickit up at the moment but Caroline Hicks willbe hereto pickt up on my behal > Please be aware that intend to seek an order to show cause regarding the premature release ofthe video to other stations before Iwas provided a copy. Your email clearly said | wast pick the video up at 5:00 today. > Nick > Sent rom my iPhone >> On Aug 23, 2019, t 12:16 PM, Martha Thompson wrote: >> You can come by anytime before 1 pm ar after 2pm to pickup vdeo fatage >> Lam not back until close to 5 pm but my assistant Brenda wil give to you f you want now >> Please advise a