UNITED STATES CAPITOL POLICE

REPORT OF INVESTIGATION

COMPLAINANT: Unites States Capitol Police OPR # 21-019 B

SUBJECT OF INVESTIGATION: Conduct Unbecoming

Respondent:

1. Unknown CDU officer, unknown PIN, unknown assignment

Allegation(s):

1. That, an unknown CDU officer, allegedly violated United States Capitol Police (USCP)
Directive 2053.13 Rules of Conduct when on January 6, 2021, he shook hands with an
unauthorized person who had breached the U.S. Capitol Building during a large riot which
resulted in fatalities and mass destruction.

Background:

On January 14, 2021, the Office of Professional Responsibility (QPR) received an email from
Deputy Chief Protective Services Bureau Commander, which read:

"FYI. This video was sent to me. Passing along for your awareness. It appears to show
Lt • • shaking hands, elbow bumping with the rioters. There is another officer who
does the same, but he 's in hard gear.

https:/lwww .instagram.com/p/CJ4MmosC4P1 /?igshid=14zezrczi8aj7" (Exhibit # 1)

The OPR initiated an investigation into this complaint on January 15, 2021. Sergeant Miller was
assigned to investigate this matter.

The CCTV showed a short clip of a protester shaking hands with an unidentified officer dressed
in hard CDU gear. The same protester then attempted to shake hands with - who slightly
extended his elbow towards the individual. (Exhibit #2)

CAPD_000000744
 2 Case# OPR 21-0198

Discussion:

On January 15, 2021, Lieutenant - - (CCB-SES) was interviewed and provided a

written statement.

- testified that he was unable to identify the officer in the hard CDU gear that shook hands
with the protester. All attempts to identify the officer met with negative results.

Conclusion(s):

1. The allegation that the unknown CDU officer violated USCP Directive 2053.013 Rules
of Conduct, Category C: Detrimental Conduct, Rule Cl: Conduct Unbecoming. be
classified as NOT SUSTAINED. Rule Cl states: ..Employees will conduct themselves at
all times, both 011 and offduty, in such a manner as to reflect favorably on the
Department. Conduct Unbecoming wi/1 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 ofthe Department or the employee; and is prejudicial
to the reputation and good order of the Department. " (Exhibit #3)

The investigation did not produce a preponderance of credible evidence that the unknown CDU
officer violated the rule. It did not appear that the brief handshake by the unknown CDU officer
impaired the efficiency or operation of the Department. Due to the inability to interview the
officer it could not be determined if his action reflected negatively upon himself as a member of
the United States Capitol Police.

2. That this investigation be Closed.

Exhibits:

1. Email from - to Shaffer, dated 1/14/21

2. lnstagram video, dated 1/6/21
3. USCP Directive 2053.013 Rules of Conduct, effective 11/1 9/12

Other Matters:

None.

Recommendations:

This report be APPROVED and the case CLOSED.

CAPD_000000745
 3 Case# OPR 21-019B

Authorizing Officials:

Investigating Official: Concur:

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, ft:1~gator
Office of Professional Responsibility
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Assistant Commander
Office of Professional Responsibility

Approved:

Inspector Michael D. S ffer

Commander
Office of Professional Responsibility z,,_/2_1_16_?_/_____
Date Approved: __
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CAPD_000000746