Thursday, May 21, 2015

Statement of Field Training Officer Robin J Peacey (P370)

Supplemental Narrative of:
Field Training Ofc. Robin J Peacey

On 05/19/15 at approximately 1545 hours Officer Wyche and I, working in a
training car, were dispatched to a report of a disturbance between males.

NORCOM advised that 3 males had been involved in a fight; however, they had all returned to their respective homes.

The reporting party ZD advised that he lives at REDACTED.

Officer Wyche and I arrived at REDACTED, and contacted CD and his brother ZD.

CD explained that he had grown tired of listening to one of the neighborhood boys blast his stereo in his car and run the stop sign at the end of the cul-de-sac he lives on.

CD stated that he has filmed the 17 year old male that drives a black shiny car with a spoiler run the stop sign and blast his music on numerous occasions.

CD advised that the male, later identified as B. Bhamber, left his home today 05/19/15 at approximately 1500 hours.

CD stated that he heard the music and then watched as B. Bhamber rolled through the stop sign with out stopping.

About 20 minutes later B. Bhamber returned, again with his loud music and CD decided to confront B. Bhamber about the music and his driving.

CD stated he grabbed a recording device (phone or camera) and walked
over and confronted B. Bhamber and filmed his interaction.

CD stated that B. Bhamber hit his camera that he was holding nearly knocking it out of his hand, and so CD slapped B. Bhamber in the head/face.

CD then stated that B. Bhamber called for his brother to come outside.

CD indicated that he then called for his brother ZD to come out and call the police.

CD stated that he continued to film the entire incident and both B. Bhamber and his brother continued to advance on CD and ZD as they walked backwards away from them.

ZD indicated that at some point they all ended up on the ground and B. Bhamber had him by his head and neck.

CD showed us scrapes to both of his knees and scratches on his chest and stomach.

Officer Wyche took pictures of these injuries and booked them into evidence.
ZD stated nearly the same events took place.

ZD stated that he did not want to fight, but he had to defend his brother from nearly being choked out.

ZD stated that he is trained in fighting and knows where the carotid artery is located and knows that with enough pressure you could kill someone.

He watched as B. Bhamber placed his arm around his brother's neck, and CD started to turn blue.

ZD stated when he saw this he was in fear for his brother's life and elbowed B. Bhamber in the head and temple region one or two times until he released CD.

ZD also indicated by pointing out on his brother that the arm of B. Bhamber was more along the jaw line and verbally stated it was "one inch above his carotid".

CD stated that he had the whole altercation on film, and offered to show us the video.

The video shows a person walking through grass out towards the street.

CD identified this person as him.

He walks towards a black vehicle and confronts a male driver, B. Bhamber.

CD is immediately confrontational and demands to know where the driver lives.

CD gives a brief commentary as he walks around to the back of the vehicle and films the license plate number, he states that this is the person with the loud music and doesn't stop for the stop sign.

The video then returns to the B. Bhamber, who is out of the car now, and continues to be verbally hostile towards B. Bhamber, and holding the camera towards B. Bhamber.

You can hear B. Bhamber ask if that is a video camera and the push CD's hand out of the way.

At which time there is a jostling of the camera and B. Bhamber yells for "Jimmy".

CD is also advising someone to call the police.

Two other males enter the video at this point,

Jimmy, later identified as Jaspreet Bhamber, and ZD.

These two males were obviously trying to calm the situation down.

On the video you hear CD say that he struck him, B. Bhamber, and he will hit the other male too if he gets closer.

CD is doing most of the yelling on the video and then there is
commotion and the camera is on the ground and all you can see is a back and
feet.

The fight is short lived, 15-30 seconds and then everyone in on their feet and CD is yelling that they, Bhamber brothers are going to jail and they are cowards.

CD stops the video and states that he wants to press assault charges
against B. Bhamber.

Officer Wyche provides both ZD and CD with witness statements and asks for a copy of the video.

As we are leaving the house to go and talk to the Bhamber brothers Officer's
McGuigan and White arrive.

We all walk over to contact the Bhamber brothers at their residence.

B. Bhamber stated that he arrived home and was immediately confronted by a male, CD.

B. Bhamber stated that CD hit him in the head and B. Bhamber called for his brother because he could see another male, ZD, coming and he thought that they both were going to fight him and he wanted his brother there.

B. Bhamber stated that the events were all a blur to him and that he ended up on the ground along with his brother and he tried to get CD off of his brother by grabbing his head and trying to pull him off but they had his leg.

B. Bhamber's sweatshirt was ripped and he stated that it was ripped during the altercation.

Jaspreet stated that he heard his brother yelling for him and he went outside and saw two males advancing on his brother and he went to stop a fight.

Jaspreet stated he didn't even have time to put on his shoes.

Jaspreet stated that he doesn't know what happened other than they all ended up on the ground.

Jaspreet stated that he felt bad about the whole incident and if they had known about the music they would have turned it down.

Jaspreet stated that he was going to go over there later and apologize for the incident getting out of control.

I thought that because CD was still very agitated about the whole incident that Jaspreet might want to have the police present while making the apology.

We all walked over to the Dorsett residence and ZD and CD along with their mother came to the door.

Jaspreet apologized and CD was rude and swore at Jaspreet and became confrontational again.

I told Jaspreet to return to his house and we would contact him there.

I explained to CD that his behavior was very hostile and uncalled for.

He interrupted me and stated that he was still upset from the assault and very agitated still.

Officer Wyche tried to explain to CD that based on the totality of the
circumstances that no charges would be filed and B. Bhamber was not going to
jail.

Both CD and ZD began to yell that it wasn't the correct decision.

I explained to CD that he placed himself in a situation and created a hostile confrontation with B. Bhamber, where any normal person would have been placed in the defense by his actions and manner he approached B. Bhamber.

CD again interrupted me while I was trying to explain that there was a better way to handle the whole situation.

I told CD the reason that he gets himself into these kinds of situations is because he doesn't listen.

He didn't listen to Jaspreet asking him to calm down and they could talk about things, he continued to yell and threaten to hit people.

I also advised CD that he should be cautious in audio recording people, as Washington is a two party consent state.

He didn't know what that meant, and I explained to him that when he was audio recording someone he should advise them that they are being audio recorded.

He didn't believe me and retreated into his home.

ZD continued to want charges of assault 2 to be filed for the choke hold that B. Bhamber placed on his brother.

I explained to ZD that the description that he provided with the arm along the chin line, was not a choke hold.

As I was trying to explain to him that there was not B. Bhamber did not try to choke CD, he advised he was merely trying to remove CD from being entangled with Jaspreet; however, I was unable to say this as ZD interrupted me and stated that I must not know the assault law very well.

An argument continued between Zachary and I for a few moments.

CD returned to the front yard and went to hand me his statement and I
explained that I was done talking to both CD and ZD about this
incident.

Officer Wyche collected the video and the witness statement from CD.

Zachary did not have his completed and stated he would mail it in.

Officer Wyche provided ZD and CD with his business card including
the case number and we left their residence.

We returned to the Bhamber residence and provided both Jaspreet and B.
Bhamber with witness statement forms to fill out.

As of 2130 hours on 05/21/15 we have not received either of their statements or ZD's statement.

Officer Wyche reviewed the entire confrontation and decided based on the fact
that CD chose no other means to solve the music and driving issues other than this one confrontational contact with B. Bhamber he was going to charge CD with disorderly conduct and provoking an assault.

See Officer Wyche's report for further details.


This concluded my involvement in this case. 

RJP

reviewed by Casey P Hiam

No comments:

Post a Comment