Free Letter - District Court of Delaware - Delaware

Case1:O5-cv-00527-SLR Document 46 Fued 09/11/zoos Page10f4
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‘ Investigative Narrative - Continued
PC2 ( ) PC2 was on the scene and assisted me when D1 was resisting arrest, PC2
retriev‘ my flashlight after it fell to the ground. PC2 can be clearly seen on the video at
the front of my police car while I was trying to detain the subject. I attempted to re—contact
PC2 to thank him for assisting me during the incident, but was unable to reach him.
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INVESTIGATIVE ACTION
On 051105 at 2137hrs I was dispatched to the parking lot of Uncle willies on Long Neck Rd. to
investigate a disorderly subject complaint. Upon arrival, I contacted & interviewed V1
reference the facts of the complaint. While interviewing him, W1 came over to where I was
speaking with V1 and made me aware of another incident that had just occurred which was
determined to be a related matter. I quickly left Uncle willies so I could attempt to locate
this subject before he got too far away.
As I traveled south on Long Neck Rd, I could see a subject walking on the right shoulder in a
southern direction. As I got closer, I could see that the subject was shirtless and was wearing
light colored pants. I pulled in behind the subject, and identified myself. When this subject
turned around, I observed tattoos on his left and right chest. I ordered this subject to the
ground and he did so. I than told him to put his hands behind his back and allow me to cuff
him. which_he did. AC this time, I began to get his personal information so I could perform a
wanted check. This subject advised that his name was David S. Yarnall(D1) and his DOB was
100369. I also advised QQSCOM that I had the subject in custody. on the ground,_and in front Q;
:gy_policé vehicle. ‘ ‘“ — ` '
when I started to go back to the police car, D1 started to get up and onto his feet. D1 was
able to get back onto his feet before I could get back over to him. I immediately advised
SUSCOM that D1 was resisting and that I needed assistance. when I reached D1, he was starting
to walk away from from my police car towards Long neck Rd. When I reached D1, I put hands on
him and asked him to get back on the ground, which he refused to do. D1 then started to quickly
walk away from me, and I latched onto his left arm with my left arm.
Once I was able to grab D1's arm, I attempted to put him in an arm bar and restrain him up
against the passenger side of my patrol vehicle. D1 continued to pull away and was actually
moving both of us towards Long Neck Rd. As I struggled with D1, I tried to get my right foot
infront of his and trip him face first onto the ground. D1 seemed extremely strong and
Ropovtinp Officer Suporvlsor Approval
CPL/2 MENDEZ -3862 2 STEPHENTSMYK PSPT697 Date 05/13/2005 0240

p..· RW . ‘ °‘ ‘· *9.1. ' =· · · *· -• ir in .?...• ¤ ·
W6 ' ' 05/11/2005 Tr0op7Statc Police 07-05-019417
. Investigative Narrative - Continued · v
continued to keep his leg out just far enough that I was unable to trip him forwards or
backwards.
Throughout this entire incident, I yelled at D1, telling him to stop resisting. While being
pulled around by D1, I told him that I was going to have to strike him with my flashlight if he
did not stop resisting. This warning was yelled twice to no avail. while D1 centinued moying
around with me latched onto hiS left 81C¤Dl.i-_@.§§Q }?Yr and SCLAVCR
HD1 across the right sideigf his head; pl gontinued pulling away, and I struck him a second time_
,Qg_tge_right_side of_his head_causing blood to start running down D1's face. when I struck him,
the second time, I dropped my flashlight, which was quickly retrieved by a citizen who stepped
tg help. when D1 sjarted bleeding, I quickly called SUSCOM and had them dispatch an ambulance;
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After strikingiDlgwith_theiflashlight, I was able to maneuver him to the right hood area from
this point forward, the incident was captured on video (7SP-6345/Tape 1;218). Prior to, the_
incident was captured on audio only.
I continued to struggle with D1 and had to physically restrain him on the hood of my police
vehicle. D1 would seem to calm momentarily before once again trying to raise up off the hood of
my car. Everytime D1 tried to raise up, I yelled for him to stay down. Even with my body weight
pressed against D1, he was able to lift up and try to stand erect, which was unsuccessful. This
struggle went on for a approx 5 minutes before police assistance arrived.
while still pinned up against the car, I could hear sirens approaching. Moments later, 2
Hillsboro Police officers arrived and applied the Tazer device upon Dl. I released D1 after the
tazer shock and he fell forward to the ground. Moments later D1 got back up onto his feet and
started running towards Grotto Pizza. We gave chase on foot and caught him in front of the
restaurant. At this time, Millsboro Police fired their Tazer device into D1's bare back and
shocked him causing him to collapse to the ground.
Over the course of approx 10 minutes, the defendant had to be physically restrained on the
ground until the paramedics could sedate him.
Reporting Officer Supervisor Approval .
CPL/2 MENDEZ -38622 STEPHENTSMYK PSPT697 Date 05/13/2005 0240 (4.

Case 1 :05-cv-00527-SLR Document 46 Filed 09/1 1/2006 Page 4 of 4
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