METROPOLITAN POLICE DEPARTMENT

Internal Affairs Division

MEMORANDUM

TO: Administrator
Use of Force Review Board

THRU: Assistant Chief of Policf , f )

Internal Affairs Bureau (>J. ~A~\J:,0~~
SUBJECT: Final Investigative Report Concerning the Civil Disturbance Unit Uses of
Force by Officer Bijon Hiligh (Physical Force - Takedown), IAD #21-023,
Officer Kenan Thomas-Bartley (Physical Force - Takedown, IAD #21-024,
Officer Claudy Toussaint (Level I Mechanical Force - Baton Strikes), IAD
#21-025, Officer Kevin Peralta (Level I Mechanical Force - Baton Strikes),
IAD #21-026, Officer Aaron Smith (Level I Mechanical Force -ASP Baton
Strikes), IAD #21-027, Officer Austin Smith (Physical Force - Takedown),
IAD #21-202, of the Sixth District. IS #21-000063, IAB #X-B-21-004;
CCN #21-002719

Agent Christopher Tilley of the Internal Affairs Division (IAD) investigated the uses of
force by each listed member of the Sixth District, which occurred on January 6, 2021.

This investigation recommends that the CDU use of force by Officer Claudy Toussaint
(Level I Mechanical Force - Baton Strikes) on January 6, 2021, be classified as
Justified, Within Department Policy.

This investigation recommends that the CDU use of force by Officer Kevin Peralta
(Level I Mechanical Force - Baton Strikes) on January 6, 2021, be classified as
Not Justified, Not Within Department Policy.

This investigation recommends that the CDU use of force by Officer Aaron Smith (First
Two Level I Mechanical Force -ASP Baton Strikes) on January 6, 2021, be classified
as Justified, Within Department Policy.

This investigation recommends that the CDU use of force by Officer Aaron Smith (Last
two Level I Mechanical Force -ASP Baton Strikes) on January 6, 2021, be classified as
Not Justified, Not Within Department Policy.

This investigation recommends that the CDU use of force by Officer Kenan Thomas-
Bartley (Physical Force - Takedown) on January 6, 2021, be classified as Justified,
Within Department Policy.

CAPD_000001454
This investigation recommends that the CDU use of force by Officer Bijon Hiligh
(Physical Force - Takedown) on January 6, 2021, be classified as Justified, Within
Department Policy.

This investigation recommends that the CDU use of force by Officer Austin Smith
(Physical Force - Takedown) on January 6, 2021, be classified as Justified, Within
Department Policy.

On January 7, 2021, Agent Christopher Tilley of the IAD generated an internal

investigation system (IS) tracking number for this incident. In accordance with the
Metropolitan Police Department Commencement of Discipline and Command Staff
Appointment Act of 2014 (as amended), any corrective or adverse action against any
sworn member or civilian employee of the Metropolitan Police Department shall be
commenced within 90 days, not including Saturdays, Sunday, or legal holidays, of the
date that the investigation system tracking number was obtained. The 90th day in this
case is June 23, 2021 .

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Inspector
Internal Affairs Division

CAPD_000001455
 METROPOLITAN POLICE DEPARTMENT
Internal Affairs Bureau
Internal Affairs Division
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D.C.

MEMORANDUM

TO: Assistant Chief of Police/ 1

Internal Affairs Bureau iµ.
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THRU: Inspector
Internal Affairs Division~/ .A
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THRU: Captain
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Internal Affairs Division

THRU: Lieutenant f'7v~Alf?./J/J /JI/

Internal Affairs Division V'I" r~
DATE: May 13, 2021

SUBJECT: Final Investigative Report Concerning the Civil Disturbance Unit Uses of
Force by Officer Bijon Hiligh (Physical Force - Takedown), IAD #21-023,
Officer Kenan Thomas-Bartley (Physical Force - Takedown, IAD #21-024,
Officer Claudy Toussaint (Level I Mechanical Force - Baton Strikes), IAD
#21-025, Officer Kevin Peralta (Level I Mechanical Force - Baton Strikes),
IAD #21-026, Officer Aaron Smith (Level I Mechanical Force - ASP Baton
Strikes), IAD #21-027, Officer Austin Smith (Physical Force - Takedown),
IAD #21-202, of the Sixth District. IS #21-000063, IAB #X-B-21-004;
CCN #21-002719

CHRONOLOGICAL NARRATIVE SECTION

On January 6, 2021, the "Stop the Steal" and "Save America March" protests took place
in the District of Columbia, the Capital of the United States. President Donald J. Trump
gave a speech on the Ellipse just south of the White House that incited many thousands
of protesters to march on the United States Capitol Building, in which the United States
Congress was in the process of certifying the Electoral College vote for President Elect
Joe Biden to be inaugurated as the 46th President of the United States on January 20,
2021.

Protesters clashed with Metropolitan Police Department (MPD) Civil Disturbance Units
(CDU) at the United States Capitol, forcing their way past police lines, barriers and
breaking windows to enter the building. Many law enforcement officers were injured
during the course of the riotous events that led to the siege and eventual breach of the
United States Capitol. Law enforcement resources were dispatched to the scene from

CAPD_000001456
the surrounding region and jurisdictions to bring order to the chaos that the protesters
created at the United States Capitol. MPD CDU platoons began pushing the protesters
away from the United States Capitol as Mayor Muriel Bowser's city-wide curfew of 1800
hours approached.

On January 6, 2021, CDU 63 began their tour of duty at 1300 hours until relieved. They
responded to the United States Capitol to assist with the riots, and spent their first hours
on the scene in a physical struggle to prevent protesters from entering the Capitol
building. Once the Capitol building was secure, CDU 63 remained on standby on the
Capitol terrace to await further orders to disperse the crowd of protesters. Several CDU
63 members were already involved in use of force incidents inside and outside of the
Capitol building, and many were physically assaulted, pepper sprayed and had objects
thrown at them leading up to the use of force incident in this investigation.1

At approximately 1744 hours, members of the Sixth District CDU 63 were in line
formation at the United States Capitol Building Lower West Terrace door and were
ordered by Commander Robert Glover2 of the Special Operations Division (SOD) to
push the group of hundreds of remaining protesters away from the United States Capitol
Building, towards First Street, Northwest. Members were equipped with Body Worn
Cameras (BWC), and had donned protective riot gear that included ballistic helmets,
gloves and CDU riot batons. (Attachment 1)

The CDU line provided several loud verbal commands of "Move back! Move back! Move
back!" to the crowd of protesters, and utilized Level I mechanical force with CDU batons
to push protesters back and toward First Street, Northwest.

As the CDU line halted half way between the Capitol Building and First Street,
Northwest, they reformed and reorganized the line because it had become too spread
out across the lawn terrace. At that time, Mr. David Blair attempted to incite the crowd of
protesters and pleaded with the crowd, saying "Hell no, quit backing up! Quit backing
up! Stop being scared! Quit backing up! I'm telling ya, quit backing up! We're
Americans!" as he waved a confederate flag and implored the crowd to resist and fight
the CDU platoon efforts to push them back.

Officer Kevin Peralta, assigned to CDU 63, utilized Level I mechanical force at 1747
hours3 with his CDU riot baton to push back Mr. Blair, who was not complying with the
commands to move back. Mr. Blair was equipped with a helmet and a pole that had a
confederate flag affixed to the end of it. Mr. Blair responded to the mechanical force by
stating, "What's up bitch, what's up bitch!" Mr. Blair then held the flag pole in a
horizontal manner across his body and struck Officer Peralta in the chest with the pole. 4

1
Investigated by the IAD under IS #21-000049.
2
Commander Glover held the rank of Inspector on January 6, 2021, but has since been promoted.
3
At 3:08 mark of Officer Peralta's BWC video.
4
At 3:13 mark of Officer Peralta's BWC video.
2

CAPD_000001457
Officer Claudy Toussaint, also assigned to CDU 63, reacted and delivered eight (8)
CDU riot baton strikes to Mr. Blair's left arm, torso and leg. 5 Officer Toussaint struck Mr.
Blair multiple times in an effort to gain compliance and stop his assaultive behavior.

Officer Aaron Smith, assigned to CDU 63, moved around behind Mr. Blair and delivered
two (2) ASP baton strikes to the back of his legs to gain compliance from Mr. Blair. 6
While the other CDU 63 members were occupied with Mr. Blair, pulling him forward
toward the police line and attempting to disarm him of the flag pole, Officer Peralta
reengaged with Mr. Blair and delivered four (4) CDU riot baton strikes to Mr. Blair's
helmeted head and an additional two (2) strikes to his back as Mr. Blair lowered his
stance and was taken to the ground. 7

Officers Thomas-Bartley, Austin Smith and Bijon Hiligh 8 , assigned to CDU 63, then
conducted a tactical team takedown to get Mr. Blair to the ground. As Mr. Blair
continued to struggle with Officers Thomas-Bartley and Hiligh, Officer Aaron Smith
delivered two (2) strikes with his ASP baton to Mr. Blair's legs to gain compliance. 9

Officer Austin Smith then handcuffed Mr. Blair without further incident. A head injury,
consisting of a laceration that was actively bleeding, was immediately apparent on Mr.
Blair after he was apprehended . He responded, "Bleeding pretty good out of my head,
boys. Cracked me in the head about four times pretty damn well." 10

Mr. Blair was then escorted back to the United States Capitol where United States
Capitol Police officers took him into custody and placed him under arrest. Mr. Blair was
transported by Prince George's County Ambulance 829 to George Washington
University Hospital to receive treatment for the injuries he sustained during the use of
force incident.

The involved members reported their uses of force to Sergeant Fabian Ferrera and
Lieutenant Justin Roth of CDU 63.

Mr. Blair was placed under arrest for Assault on a Police Officer (APO) and Central
Complaint Numbers (CCN) 21-002719 were generated for the offense. United States
Capitol Police processed Mr. Blair's arrest at their headquarters after he was released
from the hospital at approximately 0100 hours. (Attachment 2)

The Joint Operations Command Center closeout report listed 68 total adult arrests on
the date of the incident, which included 61 curfew violators of the Mayor's order. It
additionally listed Six (6) firearms being recovered, approximately 60 pieces of police

5
At 18:09 mark of Officer Toussaint's BWC video.
6
At 18:17 mark of Officer Aaron Smith's BWC video.
7
At 03:20 mark of Officer Peralta's BWC video.
8
Officer Hiligh did not active his BWC during the use of force incident. A separate administrative misconduct investigation was
conducted under IS #21-000700.
9
At 18:21 mark of Officer Aaron Smith's BWC video.
10
At 18:54 mark of Officer Aaron Smith's BWC video.
3

CAPD_000001458
property either lost, stolen or damaged, 56 MPD members reporting injuries and 180
use of force incidents as a result of the protests and subsequent riotous activities.
(Attachment 3)

On January 7, 2021, Incident Summary numbers 21-000063 were generated to

investigate the member's CDU baton and ASP baton strikes uses of force with Mr. Blair.
(Attachment 4)

On March 11, 2021, the United States Attorney's Office (USAO) filed Notice of Nolle
Prosequi, summarily dropping the charges against Mr. Blair in this incident. Assistant
United States Attorney (ALISA) Michael Liebman had represented the government in
the misdemeanor case against Mr. Blair. (Attachment 5)

LEAD INVESTIGATOR

Agent Christopher Tilley of the IAD was assigned as the lead IAD investigator and
conducted the investigation under the direction of Lieutenant Joseph Cullen of the IAD.

United States Capitol Police Officer Alexandra Sims (#7271) processed Mr. Blair's
arrest for APO.

MEMBER(S) INVOLVED

Officer Claudy Toussaint (Provided an audio-recorded statement)

Badge: 5858
CAD: 11862
Height: 5 feet 11 inches
Weight: 208 pounds
Duty & Uniform Status: On Duty, in Full Uniform
Personal: African American Male (32 years old)
Assignment: Sixth District
Appointed to MPD: December 26, 2018 (2 year member)
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes
Soft Body Armor Equipped: Yes
awe Equipped: Yes/Activated
FOP Involvement: Chief Shop Steward Jeffrey Todd
Legal Representation: None
Current Duty Status: Full Duty
Force Incident Report: Yes

CAPD_000001459
Officer Kevin Peralta (Provided an audio-recorded statement)
Badge: 5768
CAD: 11724
Height: 5 feet 11 inches
Weight: 220 pounds
Duty & Uniform Status: On Duty, in Full Uniform
Personal: Hispanic Male (27 years old)
Assignment: Sixth District
Appointed to MPD: August 20, 2018 (2 year member)
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes
Soft Body Armor Equipped: Yes
BWC Equipped: Yes/Activated
FOP Involvement: Chief Shop Steward Jeffrey Todd
Legal Representation: None
Cuffent Duty Status: Full Duty
Force Incident Report: Yes

Officer Aaron Smith (Provided an audio-recorded statement)

Badge: 4079
CAD: 9549
Height: 5 feet 9 inches
Weight: 145 pounds
Duty & Uniform Status: On Duty, in Full Uniform
Personal: African American Male (34 years old)
Assignment: Sixth District
Appointed to MPD: June 18, 2012 (8 year member)
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes
Soft Body Armor Equipped: Yes
BWC Equipped: Yes/Activated
FOP Involvement: Shop Steward Kendall Hawkins
Legal Representation: None
Cuffent Duty Status: Full Duty
Force Incident Report: Yes

Officer Kenan Thomas-Bartley (Provided an audio-recorded statement)

Badge: 5630
CAD: 11515
Height: 5 feet 11 inches
Weight: 160 pounds
Duty & Uniform Status: On Duty, in Full Uniform

CAPD_000001460
Personal: African American Male (30 years old)
Assignment: Sixth District
Appointed to MPD: February 20, 2018 (3 year member)
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes
Soft Body Armor Equipped: Yes
BWC Equipped: Yes/Activated
FOP Involvement: None
Legal Representation: None
Current Duty Status: Full Duty
Force Incident Report: Yes

Officer Bijon Hiligh (Provided an audio-recorded statement)

Badge: 5842
CAD: 11416
Height: 5 feet 9 inches
Weight: 185 pounds
Duty & Uniform Status: On Duty, in Full Uniform
Personal: African American Male (25 years old)
Assignment: Sixth District
Appointed to MPD: November13,2017(3yearmembe0
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes
Soft Body Armor Equipped: Yes
BWC Equipped: Yes/Not Activated
FOP Involvement: Chief Shop Steward Jeffrey Todd
Legal Representation: None
Current Duty Status: Full Duty
Force Incident Report: Yes

Officer Austin Smith (Provided an audio-recorded statement)

Badge: 5895
CAD: 11987
Height: 5 feet 9 inches
Weight: 200 pounds
Duty & Uniform Status: On Duty, in Full Uniform
Personal: African American Male (25 years old)
Assignment: Sixth District
Appointed to MPD: May 13, 2019 (2 year member)
ASP Equipped: Yes
CDU Baton Equipped: Yes
OC Spray Equipped: Yes

CAPD_000001461
Soft Body Armor Equipped: Yes
BWC Equipped: Yes/Activated
FOP Involvement: Chief Shop Steward Jeffrey Todd
Legal Representation: None
Current Duty Status: Full Duty
Force Incident Report: Yes

INVOLVED MEMBERS STATEMENTS

Officer Claudy Toussaint Sixth District

On March 22, 2021, Officer Claudy Toussaint of the Sixth District provided an audio-
recorded statement to Agent Tilley of the IAD. The statement was provided at the IAD,
and the following is a summary of Officer Toussaint's statement: (Attachment 6)

On January 6, 2021, Officer Toussaint was assigned to CDU 63. At approximately 1744
hours, CDU 63 was in line formation and was pushing a crowd of protesters on the west
lawn of the Capitol grounds away from the Capitol building.

Officer Toussaint was utilizing his CDU riot baton while CDU 63 was in line formation
and pushing the crowd back and providing loud verbal commands of "Move back! Move
back! Move back!"

Officer Toussaint observed Mr. Blair pacing back and forth in front of the group of
protesters, "encouraging and motivating the crowd to stand their ground ." Mr. Blair was
also not complying with the loud verbal commands from CDU 63 of "Move back! Move
back! Move back!"

Officer Toussaint stated that Mr. Blair began to "display several pre-assault indicators"
by making several statements to the effect of "Let's go! Let's go! Quit being scared,
we're Americans! We're Americans!" Mr. Blair then held his flag pole in a horizontal
manner and struck officers on the police line with it. He described the flag pole striking
several officers on the police line in the head, chest and neck area.

Officer Toussaint reacted and approached Mr. Blair, still engaged in assaultive
behavior, and struck him three (3) to four (4) times on the left side of his arm and torso
with his CDU riot baton. Officer Toussaint's intent was to disarm Mr. Blair of the flag
pole that he had just utilized to strike officers on the police line with. Officer Toussaint
observed that Mr. Blair was "bobbing, weaving and moving away" from the police line,
and he delivered an additional three (3) to four (4) CDU riot baton strikes to Mr. Blair's
left leg and thigh area.

Officer Toussaint stated that he reassessed his use of force options continually
throughout the incident, as he was trained in defensive tactics. Officer Toussaint stated

CAPD_000001462
that he believed his baton strikes were effective as it stopped Mr. Blair's assaultive
behavior and provided enough time for other officers on the police line to surround Mr.
Blair and take him to the ground and into custody.

Officer Toussaint stated that he stopped striking Mr. Blair with his baton as he
recognized that Mr. Blair was being taken to the ground. Officer Toussaint stated that he
was not a part of the team takedown to get Mr. Blair to the ground.

Officer Toussaint stated that his initial baton strikes were aimed for Mr. Blair's left
forearm and left leg when he recognized that Mr. Blair was "bobbing and weaving" to
avoid being stopped and detained. Officer Toussaint stated that he did not aim for Mr.
Blair's head and did not strike Mr. Blair's head with his baton. He also did not observe
any other MPD officer strike Mr. Blair in the head with a baton or hard object during the
incident.

Officer Toussaint did not observe any injuries to Mr. Blair after the use of force incident
had concluded. Officer Toussaint did not hear Mr. Blair make any allegations of being
struck in the head during the use of force incident.

Officer Toussaint reported his use of force to CDU 63 officials on the date of the
incident. He stated that he was not questioned about any baton strikes to the head on
the date of the incident.

Officer Toussaint stated that he felt there were no lesser force options available to him
during the incident due to the fact that Mr. Blair was in possession of a flag pole and
had already utilized it to assault officers on the police line. Officer Toussaint added that
he was not assaulted by Mr. Blair during the incident.

In accordance with Departmental directives, Officer Toussaint completed a Force

Incident Report (FIR) in reference to this incident. (Attachment 7)

Officer Kevin Peralta Sixth District

On April 19, 2021, Officer Kevin Peralta of the Sixth District provided an audio-
recorded statement to Agent Tilley of the IAD. The statement was provided at the IAD,
and the following is a summary of Officer Peralta's statement: (Attachment 8)

On January 6, 2021, Officer Peralta was assigned to CDU 63. At approximately 1744
hours, CDU 63 was in line formation and was pushing a crowd of protesters on the west
lawn of the capitol grounds away from the Capitol building.

Officer Peralta was utilizing his CDU riot baton while CDU 63 was in line formation and
pushing the crowd back and providing loud verbal commands of "Move back! Move
back! Move back!"

CAPD_000001463
Officer Peralta recalled that Mr. Blair had utilized a PVC pipe with a Confederate flag
affixed to it to assault him, striking him in the chest with the flag pole. The assault forced
Officer Peralta to "fall back." Other members of CDU 63, along with Officer Peralta,
"conducted ASP strikes" on Mr. Blair. Officer Peralta clarified that he had utilized
mechanical force with his CDU riot baton to push Mr. Blair back before Mr. Blair had
assaulted him.

Officer Peralta reengaged Mr. Blair and delivered several CDU riot baton strikes. The
strikes landed on Mr. Blair's head and back area, although Officer Peralta stated that he
was not aiming for Mr. Blair's head area. He thought he was delivering the strikes to Mr.
Blair's lower extremities or "below the waist", as he was trained. Officer Peralta admitted
that he was not trained to deliver baton or ASP strikes to a subject's head.

Officer Peralta stated that he did not observe any injuries to Mr. Blair after the use of
force incident, and did not communicate with him. Officer Peralta continued pushing
westbound away from the Capitol building after Mr. Blair was taken into MPD custody.

Officer Peralta stated that his baton strikes to Mr. Blair's head area were inadvertent. He
did not assist in the team takedown of Mr. Blair. Officer Peralta notified CDU 63 officials,
specifically Lt. Roth, he had utilized force and delivered several baton strikes to Mr.
Blair.

Officer Peralta was never made aware of the injuries that Mr. Blair had suffered as a
result of the use of force incident, or any allegations that Mr. Blair had made in
reference to being struck in the head. His interview with the IAD was the first time he
was aware of his strikes landing on Mr. Blair's head or Mr. Blair's injuries. Officer
Peralta was not the arresting officer for Mr. Blair.

Officer Peralta added that his BWC was not very clear on specific strikes or where they
were delivered to Mr. Blair during the incident; however, the social media video that was
recovered by the IAD the video was much clearer as to that information.

Officer Peralta was made aware of his responsibility to recognize and reassess his use
of force options during an incident, and that his striking Mr. Blair's head during the
incident was deadly force against an assaultive subject where deadly force was not
justified or warranted .

In accordance with Departmental directives, Officer Peralta completed a FIR in

reference to this incident. (Attachment 9)

CAPD_000001464
Officer Aaron Smith Sixth District

On March 17, 2021, Officer Aaron Smith of the Sixth District provided an audio-
recorded statement to Agent Tilley of the IAD. The statement was provided at the IAD,
and the following is a summary of Officer Smith's statement: (Attachment 10)

On January 6, 2021, Officer Smith was assigned to CDU 63. At approximately 1744
hours, CDU 63 was in line formation and was pushing a crowd of protesters on the west
lawn of the capital grounds away from the Capitol building . Lieutenant Roth and
Sergeant Ferrera were officials assigned to CDU 63.

Officer Smith was utilizing his CDU riot baton while CDU 63 was in line formation and
pushing the crowd back and providing loud verbal commands of "Move back! Move
back! Move back!" Some members of the crowd complied with the verbal commands,
and others did not.

Mr. Blair refused the verbal commands to move back, and when officers on the line
confronted him, he struck several officers with the flag pole he was in possession of.
The flag pole had a Confederate flag affixed to one (1) end of it. Officer Smith was not
one of the officers struck with Mr. Blair's flag pole.

Officer Smith then rapidly approached Mr. Blair's position as he continued a physical
struggle with officers on the police line. Officer Smith deployed two (2) ASP baton
strikes to the back of Mr. Blair's lower extremities (legs). Mr. Blair was then taken to the
ground by other MPD officers.

Officer Smith then deployed two (2) additional ASP baton strikes to the back of Mr.
Blair's legs as he continued to resist officer's efforts on the ground. Mr. Blair then
became compliant, and Officer Smith assisted in handcuffing him without further
incident.

Officer Smith stated that his use of force options were effective because it stopped Mr.
Blair's assaultive behavior and forced him to comply with the officers' efforts to detain
him and take him into custody. Officer Smith did not recall Mr. Blair complaining of any
pain to his legs, but he did recall Mr. Blair complaining of pain to his head. Officer Smith
observed a laceration on the top of Mr. Blair's head after he was placed into handcuffs.

Officer Smith added that Mr. Blair uttered that he "deserved what he got" and that he
was struck in the head during the incident. Mr. Blair also apologized.

Officer Smith stated that he did not observe any officers strike Mr. Blair in the head
during the use of force incident. He also did not observe any other actions or objects
that may have caused the injuries to Mr. Blair.

10

CAPD_000001465
Officer Smith did not feel that any lower level of force options were available due to Mr.
Blair's assaultive behavior and the fact that he was armed with a flag pole that he had
already utilized as a weapon against the police line.

In accordance with Departmental directives, Officer Aaron Smith completed a FIR in

reference to this incident. (Attachment 11)

Officer Kenan Thomas-Bartley Sixth District

On March 17, 2021, Officer Kenan Thomas-Bartley of the Sixth District provided an
audio-recorded statement to Agent Tilley of the IAD. The statement was provided at the
IAD, and the following is a summary of Officer Thomas-Bartley's statement:
(Attachment 12)

On January 6, 2021, Officer Thomas-Bartley was assigned to CDU 63. Officer Thomas-
Bartley stated that CDU 63 had been deployed to the Capitol grounds for several hours
leading up to the use of force under investigation. He described the crowd of riotous
protesters as "aggressive" and refusing to leave the premises. He added that members
of CDU 63 had been assaulted and pepper sprayed several times leading up to the
events under investigation.

At approximately 1744 hours, CDU 63 was in line formation and was pushing a crowd of
protesters on the west lawn of the capitol grounds away from the Capitol building.

Officer Thomas-Bartley was utilizing his CDU riot baton while CDU 63 was in line
formation and pushing the crowd back and providing loud verbal commands of "Move
back! Move back! Move back!"

Officer Thomas-Bartley stated that he observed Mr. Blair acting in an aggressive

manner, pacing back and forth in front of the crowd of protesters attempting to incite
them to resist the police line's efforts to move the crowd away from the Capitol. As Mr.
Blair was attempting to incite the crowd, another member of CDU 63 utilized mechanical
force with a CDU riot baton to push Mr. Blair back, who was not complying with loud
verbal commands of "Move back! Move back! Move back!"

Mr. Blair responded by striking the officer that had utilized mechanical force against him
with a flag pole that he was equipped with. Officer Thomas-Bartley could not recall the
identity of the officer that was assaulted, despite his close proximity to that member.
Officer Thomas-Bartley stated that he was not struck with Mr. Blair's flag pole during the
assault.

Officer Thomas-Bartley immediately responded by "going hands on" with Mr. Blair in an
effort to take him to the ground and place him in handcuffs. Officer Thomas-Bartley had

11

CAPD_000001466
his CDU riot baton in his hand at the time he utilized hand controls on Mr. Blair,
although he did not deploy any strikes to Mr. Blair.

Officer Thomas-Bartley stated that his force options were eventually effective and he
was able to assist with taking Mr. Blair to the ground with the assistance of Officers
Hiligh and Austin Smith. Mr. Blair resisted the officer's efforts to get him to the ground
by attempting to pull away from the officers.

Officer Thomas-Bartley stated that he was able to handcuff Mr. Blair once he was on
the ground. Officer Thomas-Bartley did not observe any members strike Mr. Blair in the
head with CDU or ASP batons. Officer Thomas-Bartley stated that he observed a
laceration on Mr. Blair's head after the incident, and that Mr. Blair later apologized for
his actions.

Officer Thomas-Bartley stated that he had no lower force options available due to Mr.
Blair actively resisting the member's efforts to detain and handcuff him, his observed
assaultive behavior towards officers and the fact that Officer Thomas-Bartley was no
longer equipped with QC spray as he had utilized his entire canister defending the
Capitol building.

In accordance with Departmental directives, Officer Thomas-Bartley completed a FIR in

reference to this incident. (Attachment 13)

Officer Bijon Hiligh Sixth District

On March 22, 2021, Officer Bijan Hiligh of the Sixth District provided an audio-recorded
statement to Agent Tilley of the IAD. The statement was provided at the IAD, and the
following is a summary of Officer Hiligh's statement: (Attachment 14)

On January 6, 2021, Officer Hiligh was assigned to CDU 63. At approximately 1744
hours, CDU 63 was in line formation and was pushing (at a half step) a crowd of
protesters on the west lawn of the capitol grounds away from the Capitol building.

Officer Hiligh was utilizing his CDU riot baton while CDU 63 was in line formation and
pushing the crowd back and providing loud verbal commands of "Move back! Move
back! Move back!"

Mr. Blair refused to comply, and struck Officer Thomas-Bartley 11 with a flag pole that he
was equipped with. Officer Hiligh responded to assist and utilized hand controls to
detain Mr. Blair and then conduct a team takedown with Officer Thomas-Bartley and
Austin Smith to get Mr. Blair to the ground to be placed into handcuffs.

11
Officer Hiligh mistakenly referred to Officer Thomas-Bartley as the officer that Mr. Blair assaulted . The assaulted officer was
identified in this investigation as Officer Peralta.
12

CAPD_000001467
Officer Hiligh stated that Mr. Blair's flag pole had struck him on his helmet during the
use of force incident. Officer Hiligh stated that Officers Toussaint and Aaron Smith
initiated the use of force incident after Mr. Blair's assaultive behavior by deploying baton
strikes to Mr. Blair's person. Officer Hiligh could not recall if any other members of CDU
63 deployed baton strikes to Mr. Blair during the incident.

Officer Hiligh did not observe any MPD members strike Mr. Blair in the head with an
ASP or CDU riot baton during the use of force incident.

Officer Hiligh stated that he did not observe any injuries on Mr. Blair after the incident.
Officer Hiligh notified his officials of the use of force incident, and he was then notified
by Officer Austin Smith that Mr. Blair had been bleeding from his head. Officer Hiligh did
not recall Mr. Blair complaining of any pain or the force after the use of force incident.

In accordance with Departmental directives, Officer Hiligh completed a FIR in reference

to this incident. (Attachment 15)

Officer Austin Smith Sixth District

On March 19, 2021, Officer Austin Smith of the Sixth District provided an audio-
recorded statement to Agent Tilley of the IAD. The statement was provided at the IAD,
and the following is a summary of Officer Smith's statement: (Attachment 16)

On January 6, 2021, Officer Smith was assigned to CDU 63. Officer Smith stated that
CDU 63 had been on the scene of the riot and engaged with protesters in the "tunnel"
for hours prior to the use of force incident with Mr. Blair, attempting to prevent protesters
from breaching the Capitol building.

Lieutenant Roth and Sergeant Ferrera were the assigned officials of CDU 63 on the
date of the incident.

At approximately 1744 hours, CDU 63 was in line formation and was pushing (at a half
step) a crowd of protesters on the west lawn of the capitol grounds away from the
Capitol building.

Officer Smith was utilizing his CDU riot baton while CDU 63 was in line formation and
pushing the crowd back and providing loud verbal commands of "Move back! Move
back! Move back!"

Officer Smith stated that he observed the police line engage with Mr. Blair, who was
equipped with a flag pole. Officer Smith observed Mr. Blair "swinging" the pole near the
police line, but he was not sure if he actually struck any officers with it.

13

CAPD_000001468
Officer Smith observed officers restrain Mr. Blair and he acted to assist in the team
takedown to get Mr. Blair on to the ground. Officer Smith then placed the handcuffs on
Mr. Blair without further incident. Officer Smith's takedown involved him utilizing hand
controls to grab Mr. Blair's left arm and guiding his forward momentum to the ground.

Officer Smith did not observe any other MPD officers deploy baton strikes to Mr. Blair
during the incident, and did not observe any MPD officers strike Mr. Blair in the head.
Officer Smith observed a laceration to Mr. Blair's head after he was taken into custody.

Officer Smith stated that after he was handcuffed, Mr. Blair stated, "You guys got me
pretty good three or four times in the head."

In accordance with Departmental directives, Officer Austin Smith completed a FIR in

reference to this incident. (Attachment 17)

SUBJECT OF THE FORCE

David Alan Blair

Race: Caucasian
Sex: Male
Height: 6 feet 1 inches
Weight: 165 pounds
Address: 2195 Sugarloaf Parkview Lane
Clarksburg, Maryland 20871
Phone: (202) 607-7210
Date of Birth: August 4, 1994 (26 years old)

Violations that led to Police Contact:

Felony Riot DC Code§ 22-1322

Curfew Violation DCMR § 24-2203.4

Violations During Police Contact:

Assault on a Police Officer § 22-405B

Outstanding Warrants:

None

DESCRIPTION OF INJURIES

Mr. Blair suffered a laceration to the top of his head and a minor laceration to the left
side of his head (above his left ear) during the use of force incident. The lacerations

14

CAPD_000001469
caused bleeding down his face in the aftermath of the incident.

Mr. Blair did not report any other injuries as a result of the use of force incident. He was
transported to George Washington University Hospital by Prince Georges County
Ambulance #829. He was treated and released after receiving nine (9) staples and
seven (7) stitches to his head and a concussion diagnosis. (Attachment 18)

Mr. Blair authorized the release of his medical records from George Washington
University Hospital on April 19, 2021, after several requests by the investigating Agent.
At the time of this report, those records have not been provided by the hospital to the
IAD.

Officer Toussaint suffered pain to his right wrist from being struck by the lacrosse
stick/pole that Mr. Blair was wielding during the incident. He reported to the Police and
Fire Clinic (PFC) for treatment on January 6, 2021. (Attachment 19)

SUBJECT OF THE FORCE'S STATEMENT

David Blair 2195 Sugarloaf Parkview Ln

Clarksburg, Maryland

On January 6, 2021, Mr. David Blair provided an audio-recorded statement to Agent

Tilley of the IAD. The statement was provided at George Washington University
Hospital, and the following is a brief synopsis of Mr. Blair's statement: (Attachment 20)

Mr. Blair stated that outside of the United States Capitol Building police lines "they were
backing people up, I didn't want to back up, and I got cracked in the head good about
three or four times."

Mr. Blair stated that the police line was equipped with riot batons, and that was what he
was struck in the head with. Mr. Blair stated he may have been struck in the head more
than three (3) or four (4) times. He recalled three (3) or four (4) "good rings, for sure."
Mr. Blair stated "the first one was a hard strike to the head, I know that for sure. A good
strike to the head, that's for sure."

Mr. Blair stated that officers on the police line then took him to the ground and
handcuffed him. He could not tell what officers took him to the ground or struck him in
the head during the use of force incident.

WITNESS CANVASS

Due to the heightened circumstances of an ongoing riot and insurrection of the United
States Capitol that had occurred on the date of the incident, along with the numerous
uses of forces that had also occurred on the date of the incident, conducting a proper

15

CAPD_000001470
witness canvass would have created a safety hazard for officials of CDU 63 and no
witnesses were identified or interviewed as a part of the investigation.

During the course of the investigation, if any witnesses are identified through Body
Worn Camera videos, a social media video canvass or through the joint use of force
investigations by the IAD, those individuals will be sought out to request an interview as
a part of this investigation and an addendum will be completed.

CIVILIAN WITNESS STATEMENTS

None

POLICE WITNESS STATEMENTS

None

PHYSICAL EVIDENCE SECTION

Description of the Scene:

This incident occurred at the address 1 First Street, Northeast, zip code 20543, adjacent
to the Lower West Terrace door of the United States Capitol Building.

The use of force occurred in the expansive grass area between the United States
Capitol Building and First Street, Northwest.

The time of the incident produced no natural light conditions; however, the surrounding
street lights and United States Capitol building produced some artificial lighting.

The temperature was 43 degrees at the time of the incident, and the skies were mostly
cloudy.

Evidence Recovered I Processed:

Photographs of Mr. Blair were documented by the IAD and Sergeant Fabian Ferrera of
CDU 63. (Attachment 21)

Involved Vehicles:

None

Property Damage:

There was no property damage as a result of the use of force incident.

16

CAPD_000001471
 DIGITAUELECTRONIC EVIDENCE

Body Worn Camera Review:

The Body Worn Camera (BWC) videos taken by the members who were on the scene
of this incident were reviewed, and a synopsis of these reviews are listed as follows: 12
(Attachment 22)

Officer Claudy Toussaint captured one (1) BWC video related to this incident:

Officer Toussaint's awe video began at 1731 hours and was 25 minutes and 55
seconds in length.

15:53 Officer Toussaint, along with the CDU 63 line, began pushing the crowd of
protesters back from the United States Capitol. Officer Toussaint utilized
mechanical force with his CDU riot baton to push protesters back that were not
complying with loud verbal commands of "Move back! Move back! Move back!"

17:37 The CDU 63 line briefly paused to reform and strengthen their line.

17:45 Mr. Blair was observed walking up and down the line of protesters and yelling,
"Hell no, quit backing up! Quit backing up! Stop being scared! Quit backing up!"
Mr. Blair was wearing a helmet and carrying a lacrosse stick/pole with a
confederate flag affixed to it.

17:58 Mr. Blair crossed again in front of Officer Toussaint, and can be heard stating,
"I'm telling ya, quit backing up! We're Americans!" The CDU 63 line proceeded
with advancing forward to push the crowd of protesters away from the United
States Capitol Building.

18:05 Mr. Blair confronted Officer Peralta, and stated, "What's up bitch!" Mr. Blair
assaulted Officer Peralta with his lacrosse stick/pole. Officer Toussaint
immediately responded to assist Officer Peralta. Officer Toussaint delivered eight
(8) CDU riot baton strikes to Mr. Blair. Mr. Blair was then taken to the ground and
into custody.

Officer Kevin Peralta captured one (1) BWC video related to this incident:

Officer Pera/fa's awe video began at 1746 hours and was 13 minutes and 58 seconds
in length.

01 :02 Officer Peralta, along with the CDU 63 line, began pushing the crowd of

12
The noted times indicate the counter time and not actual time.
17

CAPD_000001472
 protesters back from the United States Capitol. Officer Peralta utilized
mechanical force with his CDU riot baton to push protesters back that were not
complying with loud verbal commands of "Move back! Move back! Move back!"

02:51 Mr. Blair was observed walking up and down the line of protesters and yelling,
"Hell no, quit backing up! Quit backing up! Stop being scared! Quit backing up!"
Mr. Blair was wearing a helmet and carrying a lacrosse stick/pole with a
confederate flag affixed to it.

03:02 Mr. Blair crossed again in front of Officer Peralta, and can be heard stating, "I'm
telling ya, quit backing up! We're Americans!" The CDU 63 line proceeded with
advancing forward to push the crowd of protesters away from the United States
Capitol Building.

03:05 The CDU 63 police line began advancing forward.

03:08 Officer Peralta utilized mechanical force to push Mr. Blair back, and he
responded by facing Officer Peralta and stating, "What's up, mother fucker?
What's up? What's up, bitch? What's up? What's up?"

03:13 Mr. Blair assaulted Officer Peralta by striking him with a lacrosse stick/pole.

03:16 Officer Toussaint began delivering strikes to Mr. Blair with his CDU riot baton.

03:19 Officer Peralta delivered strikes to Mr. Blair with his CDU riot baton. Mr. Blair
responded, "Get the fuck off' before audibly voicing pain.

03:24 Mr. Blair was taken to the ground and Officer Peralta stayed on the CDU 63 line.

Officer Aaron Smith captured one (1) BWC video related to this incident:

Officer Smith's BWC video began at 1731 hours and was 23 minutes & 27 seconds in
length.

16:43 Officer Smith had formed a police line formation along with CDU63 in the area of
1 First Street, Northwest, near the lower west terrace door of the United States
Capitol Building, with the intent of dispersing a large crowd of protestors, who
had occupied the grounds. Loud verbal commands of "move back" were given to
the protestors by Officer Smith, while he simultaneously utilized his CDU riot
baton in a port arms push position to control the crowd.

17:46 Mr. Blair could be seen carrying a red and blue confederate flag. He began to
aggressively scream at the crowd or protestors, while pacing back and forth "Quit
backing up, quit backing up, stop being scared, "Quit backing up we're

18

CAPD_000001473
 Americans, let's go."

18:02 Officer Thomas-Bartley along with CDU 63 police line began to push the crowd
forward, while giving loud verbal commands to "move back" and utilizing their
CDU riot batons as mechanical force.

18:11 Mr. Blair refused to listen to the officers commands to move back, and continued
to remain in place as the CDU line approached him.

18:12 Mr. Blair became assaultive towards the officers and began to use his flag as a
weapon to swing at and push the officers.

18:17 Officer Aaron Smith delivered two (2) strikes with his ASP baton to the back of
Mr. Blair's legs as he was engaged with Officers Toussaint and Peralta.

18:20 A tactical takedown of Mr. Blair was conducted by Officer Hiligh and Officer
Thomas-Bartley.

18:23 Immediately following the takedown, Officer Aaron Smith deployed two (2) strikes
with the tip of his ASP baton to Mr. Blair's legs.

18:30 Mr. Blair was placed in handcuffs and arrested without further incident.

18:54 Mr. Blair stated "Bleeding out of my head pretty good , boys." Blood was visible
on his head and facial area. Mr. Blair added, "Cracked me in the head about four
times pretty damn well."

Officer Keenan Thomas-Bartley captured 1 BWC (1) video related to this incident:

Officer Thomas-Bartley's BWC video was 14 minutes & 53 seconds in length.

06:40 Officer Thomas-Bartley had formed a police line formation along with CDU 63 in
the area of 1 First Street, Northwest, near the lower west terrace door of the
United States Capitol Building, with the intent of dispersing a large crowd of
protestors, who had occupied the grounds. Loud verbal commands of "move
back" were given to the protestors by Officer Thomas-Bartley.

07:39 Mr. Blair could be seen carrying a red and blue confederate flag. He began to
aggressively scream at the crowd or protestors, while pacing back and forth and
saying "quit backing up, quit backing up, stop being scared, "quit backing up
we're Americans, let's go."

07:54 Officer Thomas-Bartley along with CDU 63 police line began to push the crowd
forward, while giving loud verbal commands to "move back" and utilizing their

19

CAPD_000001474
 batons in a port arms push position.

07:57 Mr. Blair resisted the officers commands to move back and became assaultive
towards Officer Thomas-Bartley and Officer Bijon Hiligh. Mr. Blair began to use
his flag as a weapon to swing and push the officers, while screaming at them
"what's up bitch, what's up bitch."

08:01 Mr. Blair struck Officer Peralta with the flag pole he was in possession of.

08:07 A tactical takedown was then conducted by Officer Thomas-Bartley and Officer
Hiligh of Mr. Blair in order to stop Mr. Blair's assaultive behavior towards the
officers.

08:35 Mr. Blair was placed in handcuffs and arrested without further incident.

Officer Austin Smith captured one (1) BWC video related to this incident:

Officer Smith's BWC video began at 1741 hours and was one (1) hour and six (6)
minutes in length.

08:07 Officer Smith assisted with the team takedown of Mr. Blair.

Sergeant Fabian Ferrera had one (1) BWC video related to this incident:

Sergeant Ferrera's BWC video began at 1851 hours and was four (4) minutes and 44
seconds in length.

02:17 Mr. Blair reported to Sergeant Ferrera that MPD officers "were moving people
back" and he gave the officers resistance when he "got cracked, just like anyone
else would. That's it."

02:30 Mr. Blair admitted he was in possession of a flag and pole, and described the
pole as a lacrosse stick. He stated that he "did not hit anybody with it" but that he
"used it in the same motion as the baton" and pushed officers back.

03:03 Mr. Blair reported suffering his head injury by getting "hit four good times in the
head with the baton. I'm hard headed, I can take a hit. .. the first one felt like when
you have a helmet on, or something like that, and someone cracks you. You just
ring. You, literally in my head, when I got hit I thought I had the helmet on. Just
cracked me real hard, but I didn't go down and they, you know, hit me a few
more times."

20

CAPD_000001475
Closed Circuit Television (CCTV}

The open grassy area to the west of the Capitol Building, where the use of force
incident occurred, was a significant distance from the United States Capitol building and
any other structures (light poles, traffic cameras) that any potential CCTV camera in the
area would not have captured the use of force incident.

Agent Tilley canvassed the area with negative results.

Social Media Video

A social media canvass of the social media platform Twitter revealed a posted video
that captured the use of force incident. The video was shared on the Twitter "Night Shift"
page by the Twitter handle @SpearsH7750, but was originally posted by the Twitter
handle @4TheCu/ture on January 6, 2021. The video was 00:51 seconds in length and
the following is a brief synopsis of that video: (Attachment 23)

00:02 Mr. Blair appeared facing the crowd of protesters imploring them to fight back
and resist the police line's efforts. He was holding a pole with a confederate flag
affixed to it.

00:06 Officer Peralta utilized mechanical force with his CDU riot baton to push Mr. Blair
away from the advancing police line. Mr. Blair immediately turned and faced the
police line.

00:08 Mr. Blair assaulted MPD members on the CDU line, including Officer Peralta, by
extending the pole that he was wielding and slamming it across the officer's
chest area.

00:10 Mr. Blair began backing away from the line as Officer Toussaint approached him
with his CDU riot baton raised in the air. Another officer was attempting to
remove the pole from Mr. Blair's possession.

00:11 Officer Toussaint delivered a strike to Mr. Blair's left shoulder area with the tip of
his CDU riot baton . He continued to deliver strikes with his CDU riot baton to Mr.
Blair's torso and legs.

00:15 Officer Peralta reengaged with Mr. Blair and delivered four (4) strikes to his
helmeted head with his CDU riot baton. Mr. Blair began lowering his head, and
two (2) additional strikes from his CDU riot baton were delivered by Officer
Peralta.

00:18 Officer Aaron Smith moved behind Mr. Blair and delivered two (2) strikes with his

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CAPD_000001476
 CDU riot baton to Mr. Blair's legs.

00:21 A tactical takedown got Mr. Blair to the ground as the CDU 63 line formed around
the members handcuffing Mr. Blair. OC spray was deployed by the CDU 63 line
to disperse the protesters rapidly approaching Mr. Blair's position as he was
handcuffed by Officer Austin Smith.

9-1-1 Calls for Police Service:

None

DISCREPANCIES & CLARIFICATIONS

Why were the arresting officers from Capitol Police not interviewed as a part of
this investigation?

Both involved Capitol Police officers were not present for the use of force incident at
approximately 1747 hours. Mr. Blair was detained by MPD officers and escorted to the
Capitol grounds where he was transferred to Capitol Police custody. The information
relevant to probable cause for the subsequent arrest of Mr. Blair was provided by MPD
members on the scene of the incident to the arresting Capitol Police officers.

Was Officer Hiligh's BWC violation investigated by the IAD in reference to the use
of force incident on January 6, 2021?

Officer Hiligh's BWC violation was investigated under IS #21-000700.

How did Mr. Blair suffer the injuries to his head if he was wearing a helmet?

Mr. Blair appeared to be wearing some type of head protection or helmet with googles
over the covering. Mr. Blair's head protection appeared to be dislodged from his head
during the use of force incident, as he was no longer wearing it, or the goggles,
immediately after he was taken to the ground.

It is plausible that Mr. Blair's head protection was inadvertently removed or fell off during
the use of force incident, but before Officer Peralta's CDU baton strikes.

Mr. Blair reported to Sergeant Ferrera that the first strike to his head felt as if he got
struck while wearing the head protection. He then insinuated that the other strikes were
against his bare head after the first strike.

The helmet was not recovered by MPD or the USCP.

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CAPD_000001477
 TACTICAL ANALYSIS

SOP 16-01, Handling First Amendment Assemblies and Mass Demonstrations, is the
guiding policy concerning the use of force chronicled in this investigation. The following
force options were available to the CDU 63 members under this SOP and certain
criteria needed to be met for these options to be utilized by policy.

Part C of Attachment E, CDU Use of Force Options, details the types of force available
to members operating in a CDU environment. Under this section, the SOP states, "the
following definitions outline the use of force options that may be used by on-scene
commanders and officials (i.e. "official-directed use of force") in accordance with this
SOP."

1. Constructive Force
2. Physical Force
3. Oleoresin Capsicum (OC) Force
4. Mechanical Force
Mechanical force is broken into two levels:
(1) Level I: The use of tools or weapons, to include the riot baton, ASP,
and riot shield.
(2) Level II: The use of less-lethal projectiles (e.g. sting ball munitions,
extended impact weapons).
5. Chemical Force
6. Deadly Force

First Amendment Assembly Tactics:

SOP 16-01, Part V, F, in a violent civil disturbance, the primary objectives of the incident
commander shall be to:

1. Protect non-participants, participants, and property.

2. Disperse disorderly or threatening crowds in order to eliminate the

immediate risks of continued escalation and further violence.

3. Deploy personnel to isolate and contain the people within a crowd who are
acting unlawfully and effect the arrest of those individual law violators
based on probable cause.

Commander Glover was the incident commander of the detail, and followed the SOP
accurately in the use of less lethal weapons to protect non-participants and participants
and to promote dispersal of those acting in violation of the law through the application of
force. His primary objective as the incident commander also included dispersing

23

CAPD_000001478
disorderly or threatening crowds in order to eliminate immediate risks of continued
escalation and further violence (assaultive behavior toward MPD members).

Essentially, during the insurrectionist riot of the United States Capitol on January 6,
2021, Commander Glover deployed CDU platoons from the actual Capitol Building to
push back groups of violent protesters from the United States Capitol Building itself.
CDU 63 was a part of that deployment plan at the United States Capitol Building Lower
West Terrace door and began pushing the group of hundreds of remaining protesters
away from the United States Capitol Building, towards First Street, Northwest. Members
of CDU 63 had donned protective riot gear that included ballistic helmets, gloves and
CDU riot batons.

Constructive Force:

SOP-16-01, Attachment E, Civil Disturbance Unit Use of Force, Part C, #1, under CDU
use of force options that may be used by on-scene commanders and officials (i.e.,
"official-directed use of force"):

1. Constructive Force

a. Constructive force involves uniformed police presence. The

presence may be in platoon formation. With constructive force,
there is no physical contact between police and demonstrators.

b. Officers in CDU protective gear may only be deployed when there

is a danger of violence. The on-scene commander deploying
officers in CDU protective gear shall provide a written report
explaining his or her deployment decision and actions to the Chief
of Police within 48 hours of the deployment. Donning CDU
protective gear is the only level of constructive force that requires
completion of a PD Form 901 m (Assembly or Demonstration
Reportable Force Report).

Commander Glover directed all members at the detail, to equip themselves with ballistic
shields, ballistic helmets and gloves to protect themselves from the projectiles being
launched at them and assaultive behavior from the riotous crowd .

Level I Mechanical Force (Riot Baton/ASP Strikes):

SOP-16-01, Attachment E, Civil Disturbance Unit Use of Force, Part C, #4, under CDU
use of force options:

a. Mechanical force is broken into two levels:

24

CAPD_000001479
 (1) Level I: The use of tools or weapons, to include the riot baton, ASP,
and riot shield.

(2) Level II: The use of less-lethal projectiles (e.g., sting ball munitions,
extended impact weapons).

The utilization of riot batons fall under the category of level I mechanical force. The
MPD adheres to the use of force policies delineated in General Order 901.07 (Use of
Force) when defining where riot baton strikes fall in the use of force framework under
the category of defensive tactics.

Officers Toussaint, Aaron Smith and Peralta utilized CDU riot baton and ASP baton
strikes on Mr. Blair during the incident. The officers were facing an assaultive subject in
Mr. Blair, who had defiantly and aggressively assaulted Officer Peralta by striking him in
the chest with the pole that he had in his possession that had a Confederate flag affixed
to the end of it. Defensive tactics were authorized, and the officers deployed these
strikes in an effort to stop Mr. Blair's assaultive behavior, gain compliance and take him
into custody.

The use of force options by Officers Toussaint and Aaron Smith were justified and
ultimately successful in that Mr. Blair's assaultive behavior was immediately impeded by
their actions.

However, Officer Aaron Smith delivered two (2) additional strikes to the back of Mr.
Blair's legs after he was taken to the ground. At that point, Mr. Blair was no longer
assaultive but actively resisting. Officer Smith's first two ASP strikes were justified, as
he was engaged with an assaultive subject; however, it is incumbent upon MPD officers
to continually reassess the situation as it evolves and escalate or deescalate their use
of force to an appropriate level. In the last two (2) ASP baton strikes to the back of Mr.
Peralta's legs, Officer Aaron Smith did not adjust his use of force options accordingly
with the level of threat he was facing at that exact moment.

Physical Force (Takedowns):

SOP 16-01, Attachment E, Civil Disturbance Unit (CDU) Use of Force, Part C, #2,
defines the takedown use of force option under CDU activities as physical force:

a. Physical force involves hands-on touching or pushing maneuvers, but with

no deployment of tools or weapons.

b. Physical force may include line and wedge formations (with or without
protective riot shields) that move a crowd.

c. Arrests fall into the physical force category.

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CAPD_000001480
General Order 901.07, Part IV, E(a) defines team takedowns to force a subject to the
ground as a compliance technique in proportional response to a subject that is actively
resisting:

(3) Active resister- the subject is uncooperative and will not comply with the
member's requests or comments. The subject exhibits physical and
mechanical defiance, including evasive movements to defeat the
member's attempt at control, including but not limited to, bracing, tensing,
pushing, or verbally signaling an intention not to be taken into or retained
in custody, provided that the intent to resist has been clearly manifested

Mr. Blair was not simply actively resisting; he was an assaultive subject, which justified
the baton strikes that were delivered from Officers Toussaint and Aaron Smith.

Officers Thomas-Bartley, Austin Smith and Hiligh all participated in the execution of a
team takedown to get Mr. Blair to the ground. Their use of force option was a
compliance technique, after defensive tactics were already utilized in baton strikes by
other MPD members, to get Mr. Blair into custody quickly and mitigate any further
assaultive behavior.

Officers Thomas-Bartley, Austin Smith and Hiligh all had justification for a higher level of
use of force in defensive tactics, but were successful in deploying the minimum amount
of force necessary to bring the incident with Mr. Blair under control.

Deadly Force:

General Order 901.07, Use of Force, Part Ill, #9, defines "Serious use of force" and
what types of force the MPD lists under this category. Under #9(c):

c. All head strikes with an impact weapon;

General Order 901.07 also defines what the MPD considers "Deadly Force" under Part
IV, E(b) Member's Force Response:

(5) Deadly force - any use of force likely to cause death or serious physical
injury. The primary purpose of deadly force is to neutralize a subject who
poses an immediate threat of death or serious injury to the member or
others; however, this does not include a subject who poses a threat solely
to himself or herself. Examples include, but are not limited to, the use of a
firearm or a strike to the head with a hard object.

This definition is reinforced under General Order 901.08, Use of Force Investigations,
and SOP 16-01, Handling First Amendment Assemblies and Demonstrations.

26

CAPD_000001481
Under General Order 901.07, Part IV, E(a) Member's Perception of the Threat:

(5) Serious injury or death - the subject poses an immediate danger of death
or serious physical injury to the member or to another person, but not
himself or herself. The subject's actions demonstrate his or her intent to
inflict death or serious injury upon the member or another person
immediately.

Officer Peralta struck Mr. Blair four (4) times in the head with his CDU riot baton, which
can unequivocally be classified as a "hard object." Mr. Blair was clearly exhibiting
assaultive behavior during the incident, but he did not display a threat of death or
serious bodily injury during the incident on January 6, 2021.

Officer Peralta's use of force option in striking Mr. Blair in the head four (4) separate
times is defined as "Deadly Force." At no point in his statement to the IAD did Officer
Peralta articulate a perception of a threat of serious injury or death from Mr. Blair during
the incident.

SOP 16-01, Attachment E, Part F, Use of Force Framework During First Amendment
Assemblies and Mass Demonstrations, #4, defines the use of force framework for the
riot baton:

4. Riot Baton - Mechanical Force

a. The riot baton may be used as a defensive weapon to overcome

resistance:

(1) When other less forceful methods would not be effective or

could result in injury to the member; and

(2) When other means of assistance are not readily available to the
member.

b. A strike to the head with a riot baton is considered a serious use of

force and shall be investigated by the Internal Affairs Division in
accordance with Attachment L in this SOP.

c. When holding the riot baton members shall always:

(1) Use a port arms position to move a resistive crowd from one
area to another.

(2) Always use a two-hand grip.

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CAPD_000001482
 (3) Make every effort to avoid strikes to the head or other vital
areas.

Officer Peralta stated that he inadvertently struck Mr. Blair in the head, believing that he
was striking and aiming for the area he was trained to strike an assaultive subject, to the
lower torso and extremities. This explanation is not plausible due to the sheer number of
strikes deployed to Mr. Blair's head and also the method in which Officer Peralta
executed those strikes with his CDU riot baton.

Officer Peralta's deployment of each of his six (6) strikes to Mr. Blair was in an
"overhead" motion striking down on top of Mr. Blair, and even over other MPD officers
deploying separate uses of force on Mr. Blair at that moment. The overhead method in
striking down on a subject presents the upper body as the predominant target on a
subject of force with the head being the tallest part of a person.

CDU baton strikes and even ASP baton strikes are taught by the Metropolitan Police
Academy (MPA) and Domestic Security Office (DSO) to be delivered at a sideward
angle proportional to the targets of a subject's body that are being aimed for (torso,
extremities including arms and legs).

The social media video of the use of force incident clearly depicts Officer Peralta striking
Mr. Blair four (4) separate times in the head with his CDU riot baton, and then delivering
an additional two (2) strikes to Mr. Blair's back area as he was taken to the ground by
other MPD members.

The fact that Officer Peralta struck Mr. Blair four (4) separate times in the head provides
strong counter evidence to his claim that the strikes to the head were inadvertent.
Additionally, it was other MPD officers executing a team takedown to get Mr. Blair to the
ground, as they were trained to do, which repositioned Mr. Blair's body to avoid an
additional two (2) head strikes, not any type of action or readjustment by Officer Peralta.

It is incumbent upon MPD officers to recognize and understand the extent of force they
are deploying in relation to not only the level of threat they are facing from a subject of
the force, but also to recognize the effect that force is taking on a subject and reassess
their force response to one that is proportional to the threat faced by him, her, or others.

Officer Peralta did not recognize, react to, or reassess the situation as it unfolded. It was
a rapidly evolving use of force incident that involved an assaultive subject in the midst of
the Capitol Insurrection, but Officer Peralta simply repeatedly struck Mr. Blair in the
same manner, striking in an overhead manner that could only lead to eventual strikes to
Mr. Blair's head. He did not cease his use of force until Mr. Blair was taken to the
ground by other MPD officers.

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Officer Peralta's deadly use of force was not justified in responding to an assaultive
subject in Mr. Blair; furthermore, Officer Peralta had a responsibility as a police officer to
recognize his deadly force as it was being deployed and change his actions to mitigate
further injury to the subject of the force. Officer Peralta failed in this endeavor.

Conclusion:

Upon reviewing the facts of this incident, the investigating Agent has concluded that
Officers Toussaint, Aaron Smith (initial two ASP strikes), Thomas-Bartley, Hiligh and
Austin Smith's use of force on January 6, 2021, in the performance of CDU activities,
was objectively reasonable and was within the guidelines of the Metropolitan Police
Department and comport with the MPD's Use of Force Framework.

A policy violation was discovered during the course of the investigation for Officer Aaron
Smith's third and fourth ASP baton strikes to the back of Mr. Blair's legs after the
takedown, as Mr. Blair's threat level had diminished to actively resisting at that point in
time. Officer Smith did not assess and adjust his force level, which was justified mere
seconds prior, appropriately to an actively resisting subject.

The investigating Agent also concluded that Officer Peralta's use of force, namely head
strikes with a riot baton on January 6, 2021, was not objectively reasonable and was not
within the guidelines of the Metropolitan Police Department and did not comport with
the MPD's Use of Force Framework.

CURRICULUM REVIEW

On February 22, 2021, Agent Tilley of the IAD requested a curriculum review from the
Special Operations Division (SOD) DSO related to this incident. On April 1, 2021,
Lieutenant Andrew Haros of the DSO completed the requested curriculum review and
submitted it to the IAD. (Attachment 24)

U.S. ATTORNEY'S OFFICE REVIEW/REVERSE GARRITY

AUSA Kendra Briggs of the USAO was notified of the use of force incident via
Departmental e-mail on January 7, 2021.

On February 12, 2021, AUSA Briggs issued a Letter of Declination for all involved
members who utilized force options during this incident, declining prosecution in this
matter. (Attachment 25)

SUMMARY & CONCLUSIONS

In order to asses this issue of force and determine whether or not the events comport
with applicable rules and regulations, several issues must be addressed and analyzed.

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Moreover, this type of analysis allows for a review of policies and procedures with the
application of "hindsight vision," which lends itself as a teaching tool and helps
precluded unsafe or improper practices from occurring in the future.

In reviewing and considering this matter, it is helpful to note the Supreme Court's
decision in Graham v. Conner, 490 U.S. 386 (1989) as it relates to the reasonableness
of force used by police. The Court indicated that:

"The reasonableness of a particular use of force must be judged from the perspective of
a reasonable officer on the scene, rather than with the 20/20 vision of hindsight ... The
calculus of reasonableness must embody allowance for the fact that the police officers
are often forced to make split-second judgments in circumstances that are tense,
uncertain and rapidly evolving-about the amount of force that is necessary in a
particular situation."

In reference to the force used by the members involved in this incident, the following
question must be considered:

At the time of the use of force, did the members utilize force options for the purpose of
protecting himself and in accordance with the Department's applicable directives? The
physical and testimonial evidence supports the following facts:

• On January 6, 2020, the "Stop the Steal" and "Save America March" protests
took place in the District of Columbia, the Capital of the United States.

• President Donald J . Trump gave a speech on the Ellipse just south of the White
House that incited many thousands protesters to march on the United States
Capitol Building, in which the United States Congress was in the process of
certifying the Electoral College vote.

• Protesters clashed with Metropolitan Police Department (MPD) Civil Disturbance

Units (CDU) at the United States Capitol, forcing their way past police lines,
barriers and breaking windows to enter the building. Several law enforcement
officers were injured during the course of the riotous events that led to the siege
and eventual breach of the United States Capitol.

• Once significant law enforcement resources were called to the scene from the
surrounding region and jurisdictions to bring order to the chaos that the
protesters created at the United States Capitol, MPD CDU platoons began
pushing the protesters away from the United States Capitol as Mayor Muriel
Bowser's city-wide curfew of 1800 hours approached.

• On January 6, 2021 , approximately 1744 hours, members of the Sixth District

CDU 63 were in line formation at the United States Capitol Building Lower West
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 Terrace door and began pushing the group of hundreds of remaining protesters
away from the United States Capitol Building, towards First Street, Northwest.

• Mr. David Blair, a part of the group of protesters being pushed back from the
Capitol Building, attempted to incite the crowd to stand their ground against the
police lines while toting a pole with a Confederate flag affixed to the end of it.

• Officer Kevin Peralta, assigned to CDU 63, utilized Level I Mechanical force and
pushed Mr. Blair back with his CDU riot baton. Mr. Blair did not comply with loud
verbal commands from the police line to "Move back! Move back! Move back!" as
CDU 63 advanced in line formation.

• Mr. Blair responded by assaulting Officer Peralta by striking him in the chest area
with his flag pole. Officers Claudy Toussaint and Aaron Smith, both assigned to
CDU 63, responded by delivering several baton strikes to Mr. Blair's arms and
legs.

• Officer Peralta reengaged with Mr. Blair and delivered several "overhand" baton
strikes to Mr. Blair; four (4) strikes delivered to Mr. Blair's head and an additional
two (2) strikes to the back of his neck/back area.

• Officers Austin Smith, Bijan Hiligh and Kenan Thomas-Bartley, all assigned to
CDU 63, assisted and performed a team takedown to get Mr. Blair to the ground
where he was handcuffed without further incident.

• Officer Aaron Smith delivered two additional ASP strikes to Mr. Blair's legs, after
he had ceased being assaultive, and was on the ground.

• Mr. Blair immediately responded, "Bleeding out of my head pretty good, boys."
Blood was visible on his head and facial area. Mr. Blair added, "Cracked me in
the head about four times pretty damn well."

• Mr. Blair was placed under arrest for Assault on a Police Officer and transported
to George Washington University Hospital for treatment to injuries sustained
during the use of force incident. Those injuries included two (2) lacerations to his
head, requiring multiple stitches and staples to close the wounds.

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 FINDINGS

It is the investigating Agent's determination that the force options used by Officer
Claudy Toussaint, Officer Aaron Smith (first two ASP baton strikes), Officer Kenan
Thomas-Bartley, Officer Bijon Hiligh and Officer Austin Smith on January 6, 2021, in the
performance of CDU activities, was reasonable and were within the guidelines of the
Metropolitan Police Department and comport with the MPD's Use of Force Framework.

Officer Aaron Smith's last two (2) ASP baton strikes were delivered to the back of Mr.
Blair's legs after he had been taken to the ground, and was no longer exhibiting
assaultive behavior. Within the MPD's Use of Force Framework, Mr. Blair was actively
resisting at that point in time. Officer Smith, as with every MPD member, is responsible
for continually assessing each use of force situation and altering their level of force to a
proportional level to the threat they are immediately facing.

The incident was a rapidly evolving incident that authorized the use of defensive tactics
for an assaultive Mr. Blair just seconds prior to Officer Smith's last two (2) ASP baton
strikes. In the totality of the circumstances of the events of January 6, 2021, Officer
Smith was involved in an extremely stressful and volatile event while engaged with
aggressive and assaultive protesters throughout the course of the day.

However, it is incumbent upon him as an MPD officer to continually assess a use of

force incident and escalate or deescalate his level of force to an appropriate level to the
threat he is immediately facing . He did not do so with the last two (2) ASP baton strikes
to Mr. Blair.

It is the investigating Agent's determination that the force option used by Officer Kevin
Peralta on January 6, 2021, when he struck Mr. David Blair in the head four (4) times
with a riot baton, was not reasonable and was not within the guidelines of the
Metropolitan Police Department and comport with the MPD's Use of Force Framework.

Officer Peralta was assaulted by Mr. Blair during the incident, and he responded by
utilizing deadly force with four (4) baton strikes to Mr. Blair's head. The appropriate level
of force that Officer Peralta was authorized to utilize against Mr. Blair was defensive
tactics, which included baton strikes. Under MPD General Orders 901.07, Use of Force,
901.08, Use of Force Investigations and Standard Operation Procedures 16-01,
Attachment E, deadly force is defined as:

·~ny use of force likely to cause death or serious physical injury. The primary purpose
of deadly force is to neutralize a subject who posed an immediate threat of death of
serious injury to the member or others; however, this does not include a subject who
poses a threat solely to himself or herself Examples include, but are not limited to, the
use of a firearm or a strike to the head with a hard object."

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While Mr. Blair was assaultive towards Officer Peralta and other MPD members of CDU
63 during the incident, it is not objectively reasonable to state that he posed an
immediate threat of death or serious injury to MPD officers. Officer Peralta delivered
four (4) separate strikes to Mr. Blair's head with a CDU riot baton, inarguably a hard
object, and would have delivered an additional two (2) strikes if it weren't for the team
takedown to get Mr. Blair to the ground. Those two (2) additional strikes landed on the
back and neck area of Mr. Blair.

Mr. Blair suffered serious injuries in two (2) separate lacerations to his head from the
use of force incident, requiring multiple stitches and staples to close the wounds.

Mr. Blair's assaultive behavior did not meet the level of threat to authorize deadly force
by Officer Peralta, which is the level of force he deployed against Mr. Blair during the
incident.

Based on the evidence obtained during the investigation, the following is recommended:

This investigation recommends that the CDU use of force by Officer Claudy Toussaint
(Level I Mechanical Force - Baton Strikes) on January 6, 2021, be classified as
Justified, Within Department Policy.

This investigation recommends that the CDU use of force by Officer Kevin Peralta
(Level I Mechanical Force - Baton Strikes) on January 6, 2021, be classified as
Not Justified, Not Within Department Policy.

This investigation recommends that the CDU use of force by Officer Aaron Smith (First
Two Level I Mechanical Force -ASP Baton Strikes) on January 6, 2021, be classified
as Justified, Within Department Policy.

This investigation recommends that the CDU use of force by Officer Aaron Smith (Last
two Level I Mechanical Force -ASP Baton Strikes) on January 6, 2021, be classified as
Not Justified, Not Within Department Policy.

This investigation recommends that the CDU use of force by Officer Kenan Thomas-
Bartley (Physical Force - Takedown) on January 6, 2021, be classified as Justified,
Within Department Policy.

This investigation recommends that the CDU use of force by Officer Bijon Hiligh
(Physical Force - Takedown) on January 6, 2021, be classified as Justified, Within
Department Policy.

This investigation recommends that the CDU use of force by Officer Austin Smith
(Physical Force - Takedown) on January 6, 2021, be classified as Justified, Within
Department Policy.

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Before the completion of this final report, the undersigned Agent had a preliminary
conference with Lieutenant Joseph Cullen of the IAD. Lieutenant Cullen concurred with
the investigating Agent's finding.

~~,
Christopher M. Tilley
Sergeant/Agent
Internal Affairs Division

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 ATTACHMENTS

1. Civil Disturbance Unit 63 Roll Call

2. Cobalt Report CCN 21-002719
3. Joint Operations Command Center Closeout Report
4. Incident Summary #21-000063
5. Government's Notice of Nolle Prosequi
6. PD Form 854 Statement of Officer Claudy Toussaint
7. Force Incident Report Officer Toussaint
8. PD Form 854 Statement of Officer Kevin Peralta
9. Force Incident Report Officer Peralta
10. PD Form 854 Statement of Officer Aaron Smith
11. Force Incident Report Officer Smith
12. PD Form 854 Statement of Officer Kenan Thomas-Bartley
13. Force Incident Report Officer Thomas-Bartley
14. PD Form 854 Statement of Officer Bijon Hiligh
15. Force Incident Report Officer Hiligh
16. PD Form 854 Statement of Officer Austin Smith
17. Force Incident Report Officer Smith
18. George Washington University Hospital Medical Records
19. PD Form 42 Officer Claudy Toussaint
20. PD Form 854 Statement of Mr. David Blair
21 . Photographs of Mr. Blair
22. PD Form 854 BWC Synopsis
23. Twitter Social Media Video
24. Domestic Security Office Curriculum Review
25. United States Attorney's Office Notification and Letter of Declination

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