UNITED ST ATES CAPITOL POLICE

REPORT OF INVESTIGATION
COMPLAINANT:
United States Capitol Police
I
OPR #: 21-018

SUBJECT OF INVESTIGATION:
USCP Directive 2053 .013, Rules of Conduct, Category C:
Detrimental Conduct, Rule Cl: Conduct Unbecoming

Respondent:

1. Officer PIN - Uniform Services Bureau, Senate Division,

Section Two (USB-SD-2).

Witnesses:
None

Allegations:

That on January 6, 2021, Officer - - - violated United States Capitol Police

Directive 2053.013 Rules of Conduct, when he allegedly posed for a photograph with a person
standing in an unauthorized area, not open to the public, during the U.S. Capitol insurrection,

Background:

On January 14, 2021, an email was received through the OPR Tip Line, with an attached link
taken from social media website Twitter. (Exhibit 1, 2)
On January 14, 2021, the OPR reviewed the social media post which revealed the following:

• The video clip is not time stamped.

• Unauthorized individuals are seen standing on and around the ramp leading to the North
Door of the U.S. Capitol building.
• This area is designated as unauthorized and closed to the public without approval by
USCP personnel.
• Two officers walk up a ramp leading to the North Door of the U.S. Capitol building.
• An unidentified officer removes a bike resting on the building wall and walks past
unauthorized persons out of camera view.
• The USCP mountain bike officer seen is identified as -
• - walks to his bike which is rested against the building and under the cover of the
North Door entry.

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• Unauthorized person (wearing black clothing) hands camera/phone to another
unauthorized person (blue backpack).
• The unauthorized person (wearing black clothing) walks up beside - and puts his
•
right hand behind • • left upper arm and leans in toward -
• - stops, coughs and pauses approximately 2-3 seconds, long enough for a picture to
be taken by the unauthorized person holding the phone.
• - walks bike down the ramp, stops and turns the bike around to a forward facing
position, and continues to walk the bike out of camera view.
On January 21, 2021 and February 2, 2021, the OPR conducted a review of Closed Circuit
Television (CCTV) camera numbers 7029, 612, and 0075 which revealed the following events
occurred in chronological order on January 6, 2021: (Exhibit 3, 4, 5)
Location: Interior Rotunda Door

• 15:28:00 - - enters the bottom of the screen and begins pushing protestors toward
the door. There are approximately 70 protestors on the interior of the door with additional
protestors trying to push into the building, while USCP units push out.
• 15:29:29 - - while continuing to push protestors toward the door and through the
exterior, ends up on the exterior himself, where he is seen physically fighting with those
still trying to enter the building. - continues to push protestors and eventually is able
to back into the building.
• 15:29:45 - The door is cleared and protestors begin to file out while being guided and
pushed by USCP officers, to include -
• 15:36:20 - - leaves the area with other officers.
• 15:36:38 - The remaining protestors in that area are seen leaving the building.
Location: Exterior North Door

• 16:29:53 - Two officers approach the ramp.

• 16:30:00 - A bike is taken by unidentified officer.
• 16:30:49 - Unauthorized person from the back appears to be holding something in front
of their face.
• 16:30:57 - - backs bike out and turns bike around.
• 16:31:10- - walks bike out of camera view.
Location: Lower West Terrace Door

• 16:54:26 - - enters camera view and is observed talking to Inspector -

(OSB-SOD). Metropolitan Police, USCP are observed crowding in front of the door.
• 16:58:17 - - continues to confer with • • • who is addressing the CDU squads
as they arrive to the door
• 16:58:57 - - moves to the back to allow hardened CDU to move forward towards
the door. Units that have been in place switch out with those who are arriving.
• 17:0S:00 - CDU moves forward and appears to exit the door.

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• 17:07:00- - appears to receive direction from - then leaves the
Lower West Terrace door area, walking down an interior hallway out of camera view.
• 17:11:22- - enters camera view from hallway and exits to the Lower West Terrace
Door.
Discussion:

On February 2, 2021, Officer - (USB-SD-2) was interviewed and provided the

following statement: (Exhibit 6, Exhibit 7)
"Um, I really don't remember much of the morning. Remember meeting up with, uh, Officer
's group along the Con Ave. side of the Capitol, or it'd be on our side. It'd be the Senate
side, but on the north side of Con Ave. Then his group went over and I went over with him. He
was like a CDU group, I believe if I'm correct. Uh, we went over, um, to the West Front,
northwest front area ofthe Capitol, like out around, Uh. the inauguration trailer area. Guess
that's what they are considered... Um, and we were there for a while when the rioters or
protestors, whatever we want to call them, um, came up to the inauguration stand or whatnot.
They hind of taken that over and we were behind some of the, um, trailers right there, basically
hying to stop them from like going towards the, um, foundation. But then there were so many of
them. So we kept on hind of, working ourselves to the North side of the, um, foundation, then at
one point or another, we were advised by a lieutenant to go to like ... to ... the East Front basically.
Um, because people were coming behind us and whatnot. So I'm assuming that he didn't want us
out there by ourselves, which was a logical, um, reasoning for that situation, because there were
so many people and you 're so outnumbered that people were coming behind you ... So, I mean, a
couple of officers went around to the Senate door slash like North screening area of the Capitol.
Uh, we were there for a little bit, and then sometime after that we heard that, um, like the
windows got broke, someone, they got in somehow way or another on radio .. we decided to go
inside and started lo clear out hallways and rooms, um, in the Senate wing of the Capitol. "

- stated that he clocked in at 0630 hours for his scheduled tour of duty and that he was
assigned as mountain bike patrol. - was asked ifhe responded to roll call prior to beginning
his shift. - stated, " ... we don't have roll calls because of the COVJD thing ...youjust sign a
sheet and get your schedule and respond to post. "

- further stated that there was no information given in reference to the expected protest.
- stated that he did not expect to be called to the Capitol to assist. "No. And they said there
was going to be a protest. Like you heard people, that's why they would have CDU, but you
don't, you deal with that all summer, every year, eve,y year since I've been there. So you don't
really, you don't really think ofit as anything other than standard business."

- was asked ifhe saw any intelligence bulletins relating to the protest. - stated, "I did
not see any. "

- stated that he believes he heard a priority call go over the radio and he responded along
with a CDU group from the Senate side of campus to the West Front of the U.S. Capitol
building. - testified, "Basically in between, uh, these two inauguration trailers ... Um, we

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were between there and the Capitol, basically trying to form a perimeter with the few people that
we had to like block people from coming up to it to the foundation for one or getting behind like,
by the trailer. And there's like a little area that has like trees and stuff. They could probably like
get behind some of the offices down there basically protecting the foundation and the Capitol
itself. .. a lieutenant walked by, 'Was like guys get up to the East front ... you could see that there
was overwhelming numbers that it was unsafe to be there with a - group with the hundreds
ofpeople that were coming. "

- testified that he was not certain of the time he responded to the West Front, however it was
early on in the event. - was asked which lieutenant ordered him to go to the East Front.
- stated, "Uh • • I believe. "
- stated that he had his mountain bike with him. "I had my bike with me on the west side
and um, I was using it as to protect myself. to keep distance from people, as we were taught in
our mountain bike class ... "

- stated he responded to the ramp leading to the North Door to the U.S. Capitol Building. "I
- it [bike] in between that step way that takes you to the Senate door and there's ramp that
goes to the North Door. I believe I put it there ... I was out therefor a little bit and then I believe
I heard calls about something, about like people getting inside. So I decided to go inside and
help evacuate people out ... of the, um, Capitol or whatever rooms, hallways, protestors were in
that they weren't supposed to be there and lly to get them out of the buildings ... Yeah. With fellow
officers we are going through, uh, even with, uh, Officer •••• we went through, um,
multiple rooms together, along with other officers, clearing out people, um, hying to make them
go towards the Senate door exit or North door exit whatever was available to get people out of
these rooms and hallways.

The OPR presented - the social media clip. After viewing the social media clip, - was
asked if he recalls stopping to take the photo. - states, "No ma 'am ... I had people coming up
to me and videoing me all day long. Pictures and videos ofofficers all day long. So, I mean,
there was a lot going on that day. This is after being CS sprayed, OC sprayed, fighting with
protesters all day ... Plus that, that's a traumatic life event. I mean, I never experienced anything
like that in my life ... thought I never would. "

- was asked if he remembered walking down the ramp and someone stopping him to take a
picture. - stated, "I remember going down the ramp, grabbing my bike. Some lady was
talking to me and I was coming back out and by the looks ofit, it looks like I'm ticked offat
people the around me. I mean, what are you going to do? You know, you're, you don't want to
further instigate anything going on that day. So it /,,ind of. I'm /,,ind ofpinned up against the wall.
Where am I going to go? Trying to back out the bike, down that little wall,,-way. It's kind ofhard
when the bike's pedals start to go bacl,,-wards and like it's jammed up in between things. "
OPR: "Do you remember the, the individual in black, like leaning over you, kind ofput his arm
behind you, taking the picture. "
"I don 't recall that. "

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QPR #21-018
QPR: "Do you remember if that individual asked permission to take the picture?"

- "I don't recall ma 'am. "

OPR: "Do you recall the individual holding the camera or the phone and poi11ling it at you to
take the picture?"

- "Like I said before, there was a lot ofpeople taking pictures and video that day. So I'm
sure I'm on a lot ofpeople's cameras and videos along with eve,y other officer that was there."

OPR: "Do you recall, like kind ofmaybe posing, or stopping to take photos with anyone else."
"No ma 'am. "
- was asked ifhe felt the video could be perceived differently by those on the outside. -
stated, "/ mean anything is possible. "

was asked if the video could suggest he was supporting the protestors. - stated, "If I
was fighting them all day how could I have been supporting them. "

- stated that he was in the Capitol Building prior to getting his bike. - stated, "This is
after the first couple of hours.fight of being CS gassed, ofOC sprayed, hundreds ofpeople,
clearing rooms out eve,ywhere. Um, and then after I come down that ramp with that bike, I put it
into the Senate door right there. Um, with, along with the MPD bike, kept it there for safe
keeping cause there's officers there all the time. And then I went and joined other officers up
around the Rotunda to help, uh, get people out of there and then made our way down to the
Lower West Terrace door as well, when the MPD in Virginia state were, um, getting ready to
exit and their CDU hard squad and whatnot. So that was just like a loll in that, in that section of
the Capitol. As soon as I left there, I put my bike inside and continued to assist other officers and
helping repel the rioters from the Capitol complex ... Um, I was just getting my bike. I mean, like I
said, uh, coming down the ramp, I mean, I had people taking pictures ofme all day. Why would I
take a picture with someone that I've been fighting with all day, that was probably a second ago
beating me or someone else on the department? Um, like I said, people take pictures all day. I
can't, you can't stop people from doing that. Um, because I believe that's a violation to have a
couple ofyears ago. Where ifyou put your /rand up in front ofa camera, something happened
with Sergeant - I think years ago, where she put her hand up, like to stop people from
videoing. And I think sire got in trouble for that. So, no, you're not allowed to do that. So, I mean,
you 're just going about your business, getting your stuff and people take videos or pictures that's
beyond your control. You can't stop what other people are doing."

- said that after retrieving his bike he took it inside to the Senate Door, where he thought it
would be better secured because there were officers posted at the entrance. - stated, "/
remember getting my bike, but I don't remember much after that. I mean, I remember getting my
bike then going back in. "

- requested to see the video from CCTV, - comments,"/ barely remember that ... J'm
still coughing from OC ... it doesn't help that you wear contacts ... and you have all that stuff .. "

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- provided the following written statement:
"Refer to audio. "

Conclusion:
The allegation that Officer violated USCP Directive 2053.13, Rules of
Conduct, Category C: Detrimental Conduct, Rule C 1: Conduct Unbecoming as SUSTAINED.
Rule Cl states in part: "Employees will conduct themselves at all times, both on and off
duty, in such a manner as to reflect favorably on the Department. Conduct Unbecoming
will include that which brings the Department into disrepute or reflects discredit upon
the employee as a member of the Department; impairs the operation or efficiency of the
Department or the employee; and is prejudicial to the reputation and good order of the
Department. "

• testified that he responded from the West Front and then to the North Door where
he placed his bike. After assisting to clear the building he responded back to secure his
bike. - testified that he does not recall allowing the photo to be taken. According to
social media website Twitter, - stops and pauses long enough for a picture to be
taken by the unauthorized person holding the phone.
Exhibits:
I. Email from OPR Tip Line, dated 01/14/21, (1 page).
2. Twitter video clip, (1 disk).
3. CCTV #4678, Camera number 7029, dated 01/06/21 (1 disk).
4. CCTV #4660, Camera number 612, dated 01/06/21 (1 disk).
5. CCTV #4679, Camera number 0075, dated 01/06/21 (1 disk).
6. Audio recording ofinterview of- by - dated 02/02/21 (1 disk).
7. CP-1009 signed by - dated 02/02/21 (1 page).
8. Written Statement of - dated 02/02/21 (1 page).
9. USCP Directive 2053 .13 Rules of Conduct.
Prior Complaints:
The Office of Professional Responsibility (OPR) has the following prior cases on file for Officer

Case Number Violation Disposition

09-148 Performance of Duty SUSTAINED
11-074 Detrimental Conduct SUSTAINED
15-024 Compliance with Directives SUSTAINED
18-125 Compliance with Directives SUSTAINED

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The OPR has the following Command Discipline on file for Officer
Violation Penalty
10/25/ 10 Insubordination 534-Warning
04/21/12 Insubordination 534-24 hours
04/21/12 Compliance with Directives 534-24 hours
02/ 13/ 13 Improper Remarks 534-Warning
08/03/ 15 Compliance with Directives 534-8 hours
01 /26/ 16 Insubordination 534-24 hours
05/ 11/17 Improper Remarks 534-24 hours
Other Matters:
None
Recommendations:
This report be Approved and case Closed.

Authorizing Officials:

ftr}f#/
Investigating Official:

~~~~
Sergeant Dawn D. Smith Lieutenant Brandy Pringle
Investigator • Assistant Commander
Office of Professional Responsibility Office of Professional Responsibility

Approved:

~- ~
Commander
Office of Professional Responsibility Date Approved: z/ z"t, /-zo Z l

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