User: SGORE LARGO POLICE DEPARTMENT 06/14/2019 10:51:08

IA/PSD CASE REPORT

IA/PSD#: 19 008 System #: 176
The information contained in this report is CONFIDENTIAL.

File Class: COMPLAINT Date Occurred: 04/04/2019 Date Reported: 04/05/2019

Comp Type: DEPARTMENTAL Time Occurred: 1709 Time Reported: 1709

Location: 4TH AVE SE/MELODY LN Beat: Zone: D

LARGO FL

Date IA/PSD: 04/05/2019 Date to Chain: 05/24/2019 Date to Chief: Date Expired:
Status: Sustained Status Date: 05/29/2019 Assnd To: GORE, SCOTT L

_____________________________________ ASSOCIATED NAMES ____________________________________

IO Sex:F Race:W Age:51

WI Sex:F Race:W Age:16
WI Sex:M Race:W Age:13
WI Sex:M Race:B Age:14
IO Sex:F Race:B Age:41
SB LIVERNOIS,BRIAN L Sex:M Race:W Action:NONE
CS SLAUGHTER,STEPHEN M Sex:M Race:W Action:NONE
IO SEQUEIRA,HALEY K Sex:F Race:W Action:NONE
IO KATZ,JUSTIN T Sex:M Race:W Action:NONE
_____________________________________ SUMMARY/NOTES ___________________________________
Internal Affairs Administrative Investigation #19-A008

Alleged Policy Violation:

CY 7: Bullying, discourtesy or rudeness, which may include the use of profane, or abusive, or
insulting language or action directed at another.

***Added alleged Violation***

Directive 1-4 Response to Resistance: IV. G. Choke holds and neck restraints are prohibited
except in cases where aggravated physical resistance is encountered. [04/29/2019 10:22,
SGORE, 105, LPD]

On 04/05/19 the Office of Professional Standards was notified of a video posted on the Largo
P.D. Facebook page with reference to interaction between Officer Livernois and
involving Largo Report #19-003431.

Case Efforts:

On 04/05/19 I was instructed by Major Stephen Slaughter to complete an Office of Professional

Standards Administrative Report, with reference to Largo Assault on a Law Enforcement Officer
Report #19-003431. Upon completion of the Administrative Report Form, which lists Officer
Brian Livernois as the subject, Chief Jeffrey Undestad signed and authorized the initiation
of Internal Affairs Investigation #19A008.

I then prepared an Internal Affairs Notification Packet for Officer Livernois, which has been
copied to this file as an attachment, and served the packet to Officer Livernois at the Largo
Police Department on 04/05/19 at 1717 hours.

This completed my involvement with this investigation on this date.

On 04/08/19, when I arrived at work at 0800 hrs, I received the completed Letter of
Representation, signed by Officer Livernois, in my department mailbox. A copy of this signed
Letter of Representation has been submitted to this file as an attachment. [04/08/2019 13:46,

iamain Page 1
SGORE, 105, LPD]

Based on the fact that the video linked to the Largo Facebook page was from YouTube, I
searched for the video on the Largo Facebook page but learned that the video had already been
removed. I then searched on YouTube and found two videos of the incident, both titled "WHITE
LARGO FLORIDA COP CHOKES BLACK TEEN". I copied both videos and submitted them to this file as
attachments.

After securing the YouTube videos, I then entered the Verus Data911 system and located the
in-car recordings for this incident. I located a file listed under owner bliverno, identified
by Media #365763, titled 19-003431. The file has a listed event time of Apr 4,
2019 at 4:50 PM, with a duration of 6m 34s, and is captured from source LPD_714. I set the
expiration for the file to Never Expires. I then located a second file listed under owner
jkatz, identified by Media #365772, titled 19003432/19003431. The file has a listed event
time of Apr 4, 2019 at 4:51 PM, with a duration of 9m 58s, and is captured from source
LPD_685. I set the expiration for the file to Never Expires.

In addition to these two Data911 files, I also discovered four additional videos that
document officers responding code (lights and sirens) to Officer Livernois, but do not show
any of the interaction which occurs between Officer Livernois and the subjects listed in
19-003431. The four videos are listed as follows:

1) kkraft, Media #365780, event time of Apr 4, 2019 at 4:52 PM, with a duration of 1 h 36m
7s, and is captured from source LPD_779.
2) jalameda, Media #365771, event time of Apr 4, 2019 at 4:54 PM, with a duration of 20m 3s,
and is captured from source LPD_726.
3) dgreen, Media #365766, event time of Apr 4, 2019 at 4:53 PM, with a duration of 5m 59s,
and is captured from source LPD_778.
4) alynch, Media #365765, event time of Apr 4, 2019 at 4:53 PM, with a duration of 3m 4s, and
is captured from source LPD_691.

I then entered the WatchGuard system and located two in-car recordings for this incident. I
located the first file identified as Unknown / Event ID #8501407 / event time of 4/4/2019
4:52:28 PM / with a duration of 1:35:05 / captured from Vehicle/Device: LPD-803. This first
file does not show the interaction of Officer Livernois and the subjects from this incident,
but does show other units of the Largo Police Department interacting with the subjects. The
second video documents an officer responding code (lights and sirens) to Officer Livernois,
but do not show any of the interaction which occurs between Officer Livernois and the
subjects listed in 19-003431. This second video is listed as follows:

1) Malandro, Stephen / Event ID #14519887 / event time of 4/4/2019 4:53:54 PM / with a

duration of 2:20
/ captured from Vehicle/Device: LPD-791.

On 04/08/19 I began my initial review of Largo Assault on a Law Enforcement Officer Report
#19-003431. The narrative, written by Officer Livernois, documents that he was responding to
Battery call, during which a black male wearing a long sleeve white shirt jumped out of a red
car and said he was going to shoot someone. In addition, the narrative also indicates that
the same black male hit a white female, and he and several other subjects were running down
Melody Lane. Officer Livernois goes on to document that he located five subjects walking in
the area, and activated his overhead lights and stepped out of his cruiser to make contact
with them. He added that one of the subjects matched the description of the black male

subject, later identified as , if he threatened to shoot someone, and

laughed and turned away from him. Officer Livernois report further states that he told

fight me." Officer Livernois also indicated that had his right fist balled up, so he
walked up to and said "Do you want to buck up on me dude?" Officer Livernois wrote
that he also asked , "Do you have a problem with me?", and replied "Do you have
a problem with me?" while placing his hands inside the front of his shorts and turning away.
Officer Livernois further documented that he replied, "Yeah I do.", as put his hands
inside the front of his shorts. Officer Livernois added that he asked to keep his
hands out of his pockets, and replied "My hands aren`t in my pockets their in my
shorts ou scared?" Officer Livernois wrote that he replied, "I will jack you up.", at which
time, again placed his hands inside the front of his shorts and turned away Officer
Livernois.

Officer Livernois indicated in his narrative that based on matching the description of
Page 2
intention was to place in front of his in-car camera, but "tensed up, postured
in a aggressive manner by breathing heavy and pulled away from me." Officer Livernois also
added that continued to tense up and turn his body, so "I grabbed the black male
subject again by his shoulders and the black male subject lifted his arms up in front of his
body and turned his body facing me as it appeared he was going to fight me." Officer
Livernois went on to document that he grabbed by the arms and attempted to turn him,
but continued to resist and tense up. Officer Livernois wrote "I utilized a mandibular
under the jaw contact pressure point with my left hand underneath the black male subjects jaw
to apply a quick contact pressure point with my left thumb to gain compliance." Officer
Livernois added that he "placed my right hand behind the black male subject`s head to try and
calm the black male subject down", as he applied the contact pressure point and verbalized
"calm the fuck down" and "stop". Officer Livernois also wrote that he "released the pressure
point manipulation under the jaw after one or two seconds and put my left hand on the
subject`s left shoulder. No other force was used." Please refer to Largo Report #19-003431,
which has been scanned and attached to this file, for additional details.

After reviewing the incident report, I then reviewed a supplemental report completed by
Officer Katz. Officer Katz documents that upon his arrival on scene, he observed Officer
Livernois attempting to pat down a black male wearing white clothin . Officer Katz wrote that
a young male and female, identified as and , were yelling and
walked up to him. Officer Katz adds that as he was trying to gain control of the scene
through verbal commands, Officer Livernois attempted to take a white male wearing a red shirt

arriving on scene, and being taken into custody by Sgt. Sequeira. It should be noted
that Officer Katz`s report does not make reference to the Response to Resistance that Officer
Livernois documents against . I will review the Data 911 and WatchGuard
in-car recordings to determine when Officer Katz arrived on scene, and if he was present
during this Response to Resistance. [04/12/2019 08:51, SGORE, 105, LPD]

On 04/11/19 I received the Response to Resistance Report completed by Officer Livernois with
reference to Largo Report #19003431. The report documents that was at
Active Physical Resistance, and Officer Livernois`s Response Level was Physical Control
(Under the jaw contact pressure point manipulation). Please refer to the Response to
Resistance Report, which has been scanned and attached to this file, for additional details.
[04/12/2019 09:29, SGORE, 105, LPD]

On 04/12/19 I began a review of the Data911 file listed under owner bliverno, identified by
Media #365763, titled 19-003431. The file has a listed event time of Apr 4,
2019 at 4:50 PM, with a duration of 6m 34s, and is captured from source LPD_714. Upon
reviewing the footage I observed the following:

The video begins with a cruiser driving through a residential area, and eventually turning
left onto 4th Ave. SE from Fulton Road. As the cruiser completes the left turn, four
individuals are visible walking west on the North side of 4th Ave. SE, with one individual
riding a bicycle. The five individuals are described as a white male wearing a red shirt, a
white female wearing ripped jeans and black shirt with a white shirt around her neck, a white
male wearing shorts and an orange colored shirt, a black male wearing grey shorts and a white
long sleeved shirt, and the individual on the bicycle is wearing shorts and a blue t-shirt.
At the time stamp of Apr 4, 2019 at 4:51:10;10 PM the cruiser comes to a stop in front of the
five individuals. At the time stamp of Apr 4, 2019 at 4:51:12;27 PM the four individuals who
are walking, continue walking, and exit the camera view on the left side of the screen. The
speaker picks up the Officer, identified as Officer Livernois, saying "Stop!", and then an
inaudible word. The speaker then picks up the cruiser door being shut. From the time stamp of
Apr 4, 2019 at 4:51:14;25 PM until the time stamp of Apr 4, 2019 at 4:52:06;28 PM all five
individuals and Officer Livernois are off camera and there is no audible sound except for the
vehicle`s stereo in the background. At the time stamp of Apr 4, 2019 at 4:52:07;02 PM Officer
Livernois begins to enter the front camera view from the left side of the screen. Officer
Livernois is facing the camera, and as he enters the screen the black male wearing grey
shorts and a white long sleeved shirt, identified as , is seen directly in

right to face Officer Livernois. is seen in the video completing his turn and facing
Officer Livernois, as he brings his hands up to his chest. Officer Livernois and are

Officer Livernois is able to grab `s right wrist with his right hand and uses it to

his left wrist and forearm against the back of `s neck, as he pushes against the
hood of the cruiser. At the time stamp of Apr 4, 2019 at 4:52:10;00 PM Officer Livernois
Page 3
begins to slide his left hand under `s lower jaw, with his thumb on the left side of
`s neck and his fingers splayed. At the same time, Officer Livernois grabs the back of
`s neck with his right hand. At the time stamp of Apr 4, 2019 at 4:52:10;10 PM Officer
Livernois is seen clinching his left hand under `s lower jaw, but his thumb is not
visible. Officer Livernois appears to be saying something to at this time, but there
is no sound captured. Officer Livernois`s pinky, ring and middle finger on his left hand
remain visible under `s lower jaw until his hand is relaxed at the time stamp of Apr 4,
2019 at 4:52:12;02 PM. It should be noted that `s facial expression never changes as
Officer Livernois has his left hand under `s lower jaw, and he does not gasp for breath
or appear in distress at any time. Shortly after Officer Livernois removed his left hand from
under `s lower jaw, at the time stamp of Apr 4, 2019 at 4:52:13;24 PM, the white male
wearing the red shirt aggressively enters the left side of the screen. Officer Livernois then
turns his attention to the white male and steps off the left side of the screen briefly,
leaving standing in front of the cruiser facing the camera. Officer Livernois quickly
re-enters the left side of the screen and stands behind as he appears to be pushing
something back off camera, and makes a radio transmission which has no sound. For several
minutes Officer Livernois remains in front of the cruiser loosely holding by the arm
and shoulder until additional units arrive. There is no additional footage captured between
Officer Livernois and . [04/12/2019 13:17, SGORE, 105, LPD]

After completing my review of Officer Livernois`s Data911, I began a review of the Data911
file listed under owner jkatz, identified by Media #365772, titled 19003432/19003431. The
file has a listed event time of Apr 4, 2019 at 4:51 PM, with a duration of 9m 58s, and is
captured from source LPD_685. Upon reviewing the footage I observed the following:

The video begins with a cruiser running code (lights and sirens) east on East Bay Drive. Upon
arriving on scene with Officer Livernois, at the time stamp of Apr 4, 2019 at 4:54:04;23 PM,
the same five individuals are observed along with Officer Livernois. Officer Livernois is
standing in front of his cruiser with his hands on `s left arm and back, while
is leaning against the front grill/bumper. The white male wearing a red shirt, white female
wearing ripped jeans and black shirt with a white shirt around her neck, white male wearing
shorts and an orange colored shirt, and the black male on the bicycle wearing shorts and a
blue t-shirt are all standing on the north shoulder of the road within feet of Officer
Livernois. As the cruiser comes to a stop the white male wearing the orange shirt walks off
camera to the left, and the others begin pointing toward Officer Livernois and yelling.
Officer Katz enters the left side of the screen at the time stamp of Apr 4, 2019 at
4:54:16;00 PM, and is placing the white male wearing the orange colored shirt against the
front of Officer Livernois`s cruiser. At approximately the same time, Officer Livernois
begins to handcuff the white male wearing the red shirt, as remains against the hood
of Officer Livernois`s cruiser without police control. The white male in the red shirt begins
to resist (Active Resistance) Officer Livernois and they move off camera to the left of the
screen. This causes the white female wearing ripped jeans and black shirt with a white shirt
around her neck to begin to resist. As officers secure the resisting individuals,
stands by himself against the front of Officer Livernois`s cruiser. At the time stamp of Apr
4, 2019 at 4:55:48;11 PM Officer Flowers makes contact with and erforms a pat down
for weapons. Following the pat down, Officer Flowers and Nunley escort off camera to
the right of the screen. At the time stamp of Apr 4, 2019 at 4:58:52;14 PM Officer Livernois
is seen on camera, and appears to be explaining the incident and brings his right hand to his
throat. Later in the footage, at the time stamp of Apr 4, 2019 at 5:00:32;12 PM Sgt. Sequeira

There is no additional footage captured between Officer Livernois and .

On 04/15/19 I began a review of the Data911 file listed under owner kkraft, identified by
Media #365780, and has no title. The file has a listed event time of Apr 4, 2019 at 4:52 PM,
with a duration of 1 h 36m 7s, and is captured from source LPD_779. This video begins by
capturing the emergency response of Officer Kraft and her recruit officer at the time,
identified as Officer Vangeli #550. Upon arriving at the incident location the cruiser is
parked facing south on Fulton Dr. at the intersection of 4th Ave. SE. The camera is not
facing the location where Officer Livernois made contact with the five subjects, and the
video does not capture any of the interaction between Officer Livernois and . In
addition, this camera does not capture any interaction between the five individuals and any
officers of the Largo Police Department.

On 04/16/19 I began a review of the Data911 file listed under owner jalameda, identified by
Media #365771, and has no title. The file has a listed event time of Apr 4, 2019 at 4:54 PM,
with a duration of 20m 3s, and is captured from source LPD_726. This video begins by
capturing the emergency response of Officer Alameda. Upon arriving at the incident location
the cruiser is parked facing south on Fulton Dr. at the intersection of 4th Ave. SE. The
camera is not facing the location where Officer Livernois made contact with the five
Page 4
subjects, and the video does not capture any of the interaction between Officer Livernois and
. In addition, this camera does not capture any interaction between the five
individuals and any officers of the Largo Police Department. [04/16/2019 10:56, SGORE, 105,
LPD]

On 04/16/19 I began a review of the Data911 file listed under owner dgreen, identified by
Media #365766, and has no title. The file has a listed event time of Apr 4, 2019 at 4:53 PM,
with a duration of 5m 59s, and is captured from source LPD_778. This video begins by
capturing the emergency response of Officer Green, who departs from the Largo Police
Department. As Officer Green approaches Starkey Rd. from East Bay Dr. he resumes normal
driving after dispatch advises units to slow down their response. Officer Green then
continues to the incident location, slowing momentarily while facing south on Fulton Dr. at
the intersection of 4th Ave SE. Officer Green then makes a right turn onto Meadow View Ave.
from Fulton Drive, and parks in the easement facing west on Meadow View Ave. facing away from
the incident location. From the video, it does not appear that Officer Green exits his
cruiser, and after a short stop, pulls back onto Meadow View Ave. traveling west away from
the incident location. At no time does the camera from Officer Green`s cruiser capture any of
the interaction between Officer Livernois and or any interaction between the five
individuals and any officers of the Largo Police Department. [04/16/2019 11:18, SGORE, 105,
LPD]

I then began a review of the Data911 file listed under owner alynch, identified by Media
#365765, and has no title. The file has a listed event time of Apr 4, 2019 at 4:53 PM, with a
duration of 3m 4s, and is captured from source LPD_691. This video begins by capturing the
emergency response of Officer Lynch, who departs from the Largo Police Department. As Officer
Lynch approaches Starkey Rd. from East Bay Dr. he resumes normal driving. Officer Lynch`s
camera turns off suddenly as he enters the intersection of East Bay Dr. and Starkey Road. At
no time does the camera from Officer Lynch`s cruiser capture any of the interaction between
Officer Livernois and or any interaction between the five individuals and any officers
of the Largo Police Department. [04/16/2019 11:47, SGORE, 105, LPD]

After completing my review of the Data911 videos, I then began to review the first of two
WatchGuard videos. The first video is listed under Officer Malandro, Stephen, and is
identified by Event ID #14519887. The file has a listed event time of 4/4/2019, 2019 at
4:53:54 PM, with a duration of 00:02:20, and is captured from source LPD_791. This video
begins with a cruiser heading west on 142nd Ave. approaching the intersection of Belcher
Road. After a brief stop at a red light, the cruiser makes a right turn and begins driving
north on Belcher Road. The cruiser begins to run code, and eventually breaks the intersection
at East Bay Drive, making a left turn to head west on East Bay Drive. The cruiser next turns
left onto Fulton Drive, at which time the video ends. At no time does the camera from Officer
Malandro`s cruiser capture any of the interaction between Officer Livernois and or any
interaction between the five individuals and any officers of the Largo Police Department.

On 04/17/19 I reviewed the second WatchGuard video, listed under Officer Unknown, which is
identified by Event ID #8501407. The file has a listed event time of 4/4/2019, 2019 at
4:52:28 PM, with a duration of 01:35:05, and is captured from source LPD_803. This video
begins with a cruiser heading east on East Bay Dr. approaching the intersection of Starkey
Road. While stopped at a red light at the intersection, the Officer activates her overhead
lights and begins to break the intersection heading east. The Officer then makes a right turn
heading south onto Melody Lane, following another cruiser. The cruiser comes to a stop on 4th
Ave SE facing west, at which time, Sgt. Sequeira exits this vehicle and heads west on foot
behind two other Largo cruisers out of sight of the camera. At the time stamp of 00:05:28
Officer Katz and Sgt. Sequeira can be seen escorting a handcuffed white female wearing blue
jeans and a black shirt with a white shirt around her neck to the passenger side of a

handcuffed to the drivers side of an adjacent cruiser. At the time stamp of 00:05:38
Officer Flowers can be seen turning his right hand upside down and grabbing the back of
`s neck as he presses his head and chest into the side of the cruiser in what appears
to be an attempt to gain control. can then be seen being searched by Officer Flowers
before being secured in the rear of the cruiser at the time stamp of 00:07:29. During this
time frame of the search Ofc. Flowers appears to be giving some type of verbal
commands, but the video does not capture any sound.

At the time stamp of 00:22:21 Officer Lynch opens the rear passenger door of the cruiser
containing . It appears as if Officer Lynch is speaking with , but again the
video does not capture sound. At the time stamp of 00:23:46 Officer Lynch closes the rear
passenger door of the cruiser. is not visible during this interaction with Officer
Lynch. At the time stamp of 01:02:01 the jail transport van arrives on scene and parks
directly within view of the front camera. At the time stamp of 01:03:43 Recruit Officer
Page 5
Vangeli opens the rear drivers side door of the cruiser and removes by the left upper
arm. is then escorted by Recruit Officer Vangeli and Officer Livernois to the
passenger side van door which was open. is then moved behind the open van door, taking
him out of camera view. At the time stamp of 01:07:59 the transport van driver closes the
passenger side van door. At the time stamp of 01:32:07 the transport van drives off the left
side of the screen, and the video soon ends. [04/17/2019 14:56, SGORE, 105, LPD]

On 04/19/19 I began a review of the first attached YouTube Video, titled YouTube Video 1. It
should be noted that this video appears to be recorded from a handheld device, believed to be
a cell phone, but the source at this time is unknown. As the video begins, an unknown person
can be heard saying "all of us man." This statement is immediately followed with Officer
Livernois saying "Stop." The side of a Largo cruiser is visible for a brief moment, and then
Officer Livernois is heard saying "Dude, just." Someone off camera then makes the statement
believed to be "It tickles." Officer Livernois can then be heard saying "Get over here!", and
someone tells him to "chill". The camera at this time is pointed to the ground and captures

"Spit it out", and an unknown individual repeats "Put it out ." Officer Livernois then
gives a second command of "Put it out!", and another unknown individual repeats "Put it out
bro, stop." An unknown individual off camera then says "This ones on me", and Officer
Livernois responds "What you wanna buck up on me dude, huh?" At this point in the video
Officer Livernois has his hands open down by his hips and begins to walk forward from the
left of the screen toward . An unknown individual off camera can be heard saying "Just
chill out bro", and another says "Put it out." At this point in the video several unknown
people off camera begin to say "Put it out." After a brief moment where nothing is said,
Officer Livernois asks "You got a problem with me?" immediately responds with
"You got a problem with me?", and Officer Livernois responds "Yeah I do." The unknown
individual off camera begin to tell "to chill". Officer Livernois is then seen on the
video activating his shoulder microphone and saying "Alright I`m gonna be out with him on
Melody Lane and 4th." Officer Livernois then gives the command of "Take your hands out
of your pocket" as an individual off camera makes the statement "I like your ring." At this

his waist and torso. can heard saying something about his pockets but the audio is low
and not clear, as the same individual off camera repeats the statement "I like your ring."
Officer Livernois then makes the statement "I`ll fucking jack you up right now, do you
understand that?" The camera then shows fold his arms on his chest as Officer
Livernois moves toward and grabs his right upper arm with his left hand. Officer
Livernois then states "Lets go over here, you wanna fuck around.", as he turns to the
right and places his right hand on `s right upper arm. Officer Livernois then moves
to the right of the screen until reaches the front of Officer Livernois`s
cruiser. Someone off camera can be heard telling to "Just chill bro." As
touches the front of Officer Livernois`s cruiser he turns to the right and faces Officer
Livernois and brings his hands up in front of Officer Livernois`s chest (Active Resistance).
Officer Livernois says "You wanna fuck around with me?". Someone off camera can be heard
telling don`t resist, don`t resist." Officer Livernois can then be seen
turning back to the right, facing away from him, and pushing his hips and torso into
the hood of the cruiser. Officer Livernois is then heard saying "Do it, I`m telling you right
now...", as he grabs the back of `s neck with his right hand, and leans his head
towards `s left ear. As the video proceeds, the fingers from Officer Livernois`s left
hand can be seen on the right side of `s neck, under `s lower jaw and right ear.
It should be noted that the thumb on Officer Livernois`s left hand is not visible from the
camera angle in the video. At this point in the video multiple individuals off camera begin
yelling, and a white male wearing a red shirt aggressively enters the left side of the screen
lunging at Officer Livernois. Officer Livernois releases and turns toward the white
male wearing the red shirt, who moved off the left side of the screen and appears to push
someone back with two hands. Someone off camera yells "Don`t you fucking touch", and is then
covered by a female screaming. The white male wearing the red shirt then re-enters the screen
from the left side pointing his finger in Officer Livernois`s face. Officer Livernois then
states "Get out of my face right now!", and shoves the white male wearing the red shirt back
with his right arm. The white male wearing the red shirt then yells "Don`t fucking touch
him!", as Officer Livernois activates his shoulder microphone while placing his left hand on
`s right shoulder. This radio transmission is not heard on the video due to multiple
people yelling on scene. The white male wearing the red shirt then yells "Don`t you ever
fucking touch him like that again!", as a female repeatedly yells ". Officer Livernois
then notifies the white male wearing the red shirt "You`re going to jail, you`re going to
jail dude!" The white male wearing the red shirt then yells again "Don`t fucking touch him
like that!", and Officer Livernois repeats "You`re going to jail!" The female then asks, "For
what?", as the video ends. [04/19/2019 11:00, SGORE, 105, LPD]

After completing my review of YouTube Video 1, I began a review of the second attached
Page 6
YouTube Video, titled YouTube Video 2. It should be noted that YouTube Video 2 is the same
video as YouTube Video 1, but is shorter in length. There is no footage captured on Video 2
that is not on Video 1. [04/19/2019 11:05, SGORE, 105, LPD]

On 04/22/19 I began my initial review of Largo Resisting- Obstructing without Violence Report
#19-003432. The narrative, written by Officer Blitz #522, documents that she was dispatched
to a disturbance at 3200 East Bay Drive in Largo. The report states that there was a
disturbance involving a group of juveniles and an adult couple, during which, a black male
wearing a white shirt stated that he was going to shoot someone. The report further documents
that the black male wearing a white shirt was the aggressor, and that no physical gun was
seen. The narrative then references Largo Report #19-003431. Officer Blitz`s report goes on
to state that she was unable to locate the unidentified couple that alleged the group of
juveniles had battered them. Largo Report #19-003432 has three supplemental reports completed
by Officers Malandro #543, Flowers #513, and Sgt. Sequeira #340. These three supplements do
not make reference to the interaction between Officer Livernois and .

On 04/24/19 at 1615 hrs I responded to 3091 Brookview Avenue in Largo for my scheduled
interviews with and . I made contact with , who
confirmed she was the legal parent of and , and provided me with consent to
interview both juveniles. I then made contact with privately at the kitchen
table of the residence, while was asked to remain in a back bedroom. It should be
noted that walked in and out of the interview area during the timeframe of the
interview. Prior to the start of my interview with , I initiated a digital
recorder and provided a brief preamble (Citizen Interview Form). A copy of this audio
recorded interview has been attached to this file. This audio file will also be sent for
secure transcription and will be attached to this file upon it`s completion.

* The transcribed audio recorded interview conducted with was received on

04/26/19. began the interview by stating that she and her friends got into an
altercation with a couple near a barbershop. added that after leaving the scene of
the altercation an officer pulled up and began interacting with . It should be noted
that stated that after the officer (Officer Livernois) and exchange words
about putting out a Black and Mild and taking his hands out of his pockets, "he
(Officer Livernois) started like searching , and then that`s when he like choked
up against the car." When I asked to clarify what happened she added, "he (Officer
Livernois) kind of just grabbed him ) and then pushed him up against the car, and then
was kind of like resisting. So then that`s when he was like, "Listen up." He said
something like, "Listen up, listen here, boy," or something like that, and that`s when he
started choking him." When I asked to describe what she meant by the term choke, she
replied "Literally two hands around his neck, choking him." Please refer to this
transcription, which has been attached to this file, for a detailed account of
`s statement taken on 04/24/19.

sitting down at the kitchen table. It should be noted that

remained at the kitchen table throughout the duration of my interview with . Prior to
the start of my interview with , I initiated a digital recorder and provided a
brief preamble (Citizen Interview Form). A copy of this audio recorded interview has been
attached to this file. This audio file will also be sent for secure transcription and will be
attached to this file upon it`s completion. [04/25/2019 10:02, SGORE, 105, LPD]

* The transcribed audio recorded interview conducted with was received on

04/26/19. began the interview by confirming that he and his friends had gotten into
an altercation with a couple near a barbershop. added that as he and his friends were
walking home, a cop pulled up and made contact with . said that the officer was
respectful and nice at first, but then said to "Yo, I`ll hem you up right now. Do you
got a problem with me?" then adds, was literally just standing there, like,
just trying to listen to him, and he starts -- he grabbed his arm. was still like
letting his body flow, wasn`t even moving. And then the cop turns him around and then like,
you know, puts his hand behind the back, and then turned him around again and then put him up
to the car and started choking him." When asked to clarify, stated "he put one hand
around and then like another hand and started choking him, and it was about for like probably
30 seconds." Please refer to this transcription, which has been attached to this file, for a
detailed account of `s statement taken on 04/24/19. [04/26/2019 11:37, SGORE,
105, LPD]

interviews with and . I made contact with , who

confirmed she was the legal parent of , and provided me with consent
Page 7
to interview both juveniles. I then made contact with privately at the kitchen
table of the residence, while waited on the front porch with a family friend. It
should be noted that was seated on a couch in the living room of the apartment
during the timeframe of the interview. Prior to the start of my interview with , I
initiated a digital recorder and provided a brief preamble (Citizen Interview Form). A copy
of this audio recorded interview has been attached to this file. This audio file will also be
sent for secure transcription and will be attached to this file upon it`s completion.

* The transcribed audio recorded interview conducted with was received on

04/30/19. began the interview by stating that his friends got into an altercation

with his friends, and then an officer pulled up and began interacting with .
stated, was smoking a Black and he told him, "Put `em out." And then he -- the cop
thought he was sizing him, was saying -- he said -- he grabbed his neck and said, "Listen,
I`ll choke you out." When I asked if he could see and hear what was going on between
the officer (Officer Livernois) and , he replied "when I ulled up to, um, see what --
what was he doing, and he was choking him out." I then asked to describe how the
officer grabbed `s neck, and replied "Like this" and held out one hand in a C
clamp position. then said that was grabbed by the back of the neck, and I
asked if was grabbed by the front of the neck at all, and he replied "Uh-uh".
said that looked like he was in distress when asked. Please refer to this
transcription, which has been attached to this file, for a detailed account of
`s statement taken on 04/26/19.

the couch throughout the duration of my interview with . Prior to the start of my
interview with , I initiated a digital recorder and provided a brief preamble (Citizen
Interview Form). A copy of this audio recorded interview has been attached to this file. This
audio file will also be sent for secure transcription and will be attached to this file upon
it`s completion.

* The transcribed audio recorded interview conducted with was received on

04/30/19. I began the interview with by asking him if he knew the incident I wanted to
talk to him about and he replied, "The cop that choked me up." then stated that his
friends got into an altercation with a couple near a barbershop. added that he left
the scene of the altercation with his friends, and then an officer pulled up and began
interacting with him. informed me that the officer (Officer Livernois) began giving
him commands, and told him to put out a Black & Mild which put in his pocket.

Officer Livernois grabbed him and "Then he start choking me and stuff like that." then
brought one hand to the back of his neck and the other to the front of his neck to describe

then the front of the neck. When asked if he felt pressure anywhere, responded "On
both sides. The back and this", bringing his hand to the front of his neck. I then asked if
felt pressure around his jaw or ears, and he replied "uh-uh" (in the negative). I then
asked if he felt like his breathing was being restricted or it was hard to breath, and
he replied, "Yeah. At -- at first, yeah." Later in the interview I asked if he had
any injuries as a result of his interaction with Officer Livernois, and he answered, "Uh-uh.
(In the negative)"

On 04/29/19 I briefed Lt. Chaney on my interview with conducted on

04/26/19. I advised Lt. Chaney that stated during his interview that he was Choked by
Officer Livernois. Based on this information, I was instructed by Lt. Chaney that Major
Slaughter wanted to add an additional Violation of Directive 1-4 Response to Resistance: IV.
G. "Choke holds and neck restraints are prohibited except in cases where aggravated physical
resistance is encountered." I then completed a second Professional Standards Bureau
Administrative Report for the above referenced violation and Chief Jeffrey Undestad signed
the form. A copy of this form has been attached to this file.

On 04/29/19 at 1419 hrs, I received a CD-R containing the two videos submitted under Largo
Report #19-003432, that was requested from the Property and Evidence Division. I reviewed
both videos, which contained footage from the scene to include in the backseat of a
cruiser, and found no interaction between Officer Livernois and . These videos are
1m:11 seconds and 00:21 seconds in length and have no audio. [04/29/2019 14:31, SGORE, 105,
LPD]

On 05/08/19 at 1305 hrs Sgt. Sequeira responded to the Office of Professional Standards for
Page 8
our scheduled interview. This interview was conducted within the private Internal Affairs
office. Prior to the start of my interview with Sgt. Sequeira, I initiated a digital recorder
and provided a brief preamble (Sworn Employee Interview Form). A copy of this audio recorded
interview has been attached to this file. This audio file will also be sent for secure
transcription and will be attached to this file upon it`s completion.

* The transcribed audio recorded interview conducted with Sgt. H. Sequeira was received on
05/09/19. The interview began with Sgt. Sequeira confirming that she was involved with this
incident on 04/04/19. Sgt. Sequeira advised me that when she arrived on scene, was
standing against a cruiser with his hands on the hood. Sgt. Sequeira further stated that
while on scene she became aware of statements made that Officer Livernois "Had a juvenile
around the neck at one point or had his hands on a juvenile`s neck at one point." I then
asked Sgt. Sequeira if she observed any physical contact occurring between Officer Livernois
and when she arrived on scene, and she replied, "No". I then asked Sgt. Sequeira if
she spoke with Officer Livernois on scene about his interaction with the juveniles to include
, and she replied, "Yeah". Sgt. Sequeira said that she could not remember Officer
Livernois`s exact words, but he expressed that he felt as if it became five against one
quickly and he was in fear. Sgt. Sequeira also said that Officer Livernois added that he
called for help, and could not get back on his radio. Sgt. Sequeira then stated that Officer
Livernois said "I`ll admit it. At some point, you know, I-- I put my hands on his neck or it
may have looked like I put my hands on his neck." Sgt. Sequeira went on to tell me that
Officer Livernois then showed her the position his hand was in, similar to a gesture. Sgt.
Sequeira said that Officer Livernois did tell her, "I`d have to go back and look to see."

involving from Communications Center Supervisor C. Stewart. I reviewed the

CD-R, which contains five tracks of dispatch and officer transmissions from the initial
incident as follows:

Track number 1- The initial call dispatch, described as a battery in progress involving five
to ten kids, and the incident location.

Track number 2- Additional information is provided by dispatch to include that no weapons

were seen, and the aggressor was an older black male who jumped out of a red car stating he
was going to shoot someone, but no gun was seen.

Track number 3- Dispatch identifies the subject as a sixteen year old black male, wearing a
white long sleeved shirt with a design on it.

Track number 4- ID #481 (Officer Livernois) calling in the area and asking about the red car,
and dispatch replying that the subject was a passenger of that car and that all of the
subjects were running down Melody Lane.

Track number 5- "481, Hey I`m going to be out with them on Melody Lane, four." Dispatch
confirms the transmission and another officer who is enroute provides his location. The next
transmission is Officer Livernois saying "48?, you need to step it up now." The alert tone
is then provided and Officer Livernois is welfare checked four times without response as
additional Largo Officers arrive on scene.

After completing m review of the radio transmissions, I then reviewed the department call
history report for . I found two name entries for , identified as `
and , both with a date of birth of . Of the two RMS
Involvement reports, and a Communication Center CAD Report, the Largo Police Department has
documented twelve contacts with . Of those twelve contacts, Officer Livernois is only
listed as being involved in 19-003431 and 19-003432. These involvement reports were reviewed
in response to making the statement during his interview that Officer Livernois had
verbally threatened "The next time he see me he gonna jack me up" during a previous Trespass
Warning call for service. There are two documented trespass calls in `s involvement
history, identified as 11-00049059 and 18-00076528. identified the verbal threat being
made in the last six months which indicates the call for service as the 18-00076528 call
which occurred on 11/04/18. The only officers listed as being involved in this Trespass
Warning are Hochsprung, knox, and Stamper. A copy of these involvement and CAD reports have
been scanned and attached to this file. [05/09/2019 11:19, SGORE, 105, LPD]

On 05/09/19 at 1435 hrs Ofc. Katz responded to the Office of Professional Standards for our
scheduled interview. This interview was conducted within the private Internal Affairs office.
Prior to the start of my interview with Ofc. Katz, I initiated a digital recorder and
provided a brief preamble (Sworn Employee Interview Form). A copy of this audio recorded
interview has been attached to this file. This audio file will also be sent for secure
Page 9
transcription and will be attached to this file upon it`s completion.

* The transcribed audio recorded interview conducted with Ofc. Katz was received on 05/10/19.
The interview began with Ofc. Katz confirming that he was involved with this incident on
04/04/19. Ofc. Katz explained that after being dispatched to the call for service he heard
Ofc. Livernois call out with several related subjects. Ofc. Katz added that shortly after
Officer Livernois called out with four, he told everyone to step it up. I then asked Ofc.
Katz what he observed when he arrived on scene, and he replied two black juveniles and white
juvenile. Katz stated that as he exited his car two other juveniles, identified as
and , "Angrily started cursing walking up towards me." Katz described
as cursing and aggressive, and "said something to the effect that "that pi choked my
friend" or something to that effect." I then asked Ofc. Katz if Ofc. Livernois and
were having any kind of physical contact when he arrived, and he responded "I don`t know if
it was, I don`t recall. Yeah -- I don`t know who it was." I then asked Ofc. Katz if he
observed Ofc. Livernois engage in physical contact with any of the juveniles on scene, and he
responded "the one that he made -- that he -- I saw physically was him with the white male
when he was putting him into custody." When asked directly about the physical contact that
led to the "pig choked my friend" comment, Ofc. Katz replied, "That I had no witness to." I
concluded the interview by asking Ofc. Katz if he had any direct knowledge of what occurred
prior to his arrival on scene, and he answered "No".

On 05/16/19 I located the archived Defensive Tactics Lesson Plan for 2017 in the forms folder
of the Police Department computer database. In addition, I located the 2017 In-service
defensive tactics training roster dated 04/04/17, which documents Ofc. Livernois as a
student. It should be noted that I am listed as a Defensive Tactics instructor on this date.
The following excerpts are taken from the 2017 Defensive Tactics In-service lesson plan:

II. Pain Compliance Techniques (1 Hour)

2. Cautions to Observe
d. INSTRUCTOR POINT: Emphasize force level where pressure points are most effective. In most
cases this will be passive or in some cases active where a subject is bracing against an
object and refusing to move. Pressure points rarely work against an aggressive, goal oriented
subject.

3. Pressure Point Techniques

a. Under the Jaw
i. Suited for bringing a seated, kneeling, prone subject to standing
ii. Stabilize subject`s head and locate pressure point under jawbone
iii. Apply pressure until compliance ( use fingers and push up and out)
iv. Decrease pressure, not control, when subject becomes complaint. Be prepared to reapply.

A copy of the 2017 Defensive Tactics Lesson Plan and 2017 In-service defensive tactics
training roster dated 04/04/17 have been scanned and attached to this file.

On 05/22/19 at approximately 0945 hrs Officer Livernois arrived in the Office of Professional
Standards for his scheduled interview. Officer Livernois was provided access to the Chief`s
Conference Room, where he was provided full access to the case file. At approximately 1015
hrs Officer Livernois`s representative, identified as Michael Krohn, arrived in the Office of
Professional Standards and joined the case file review with Officer Livernois. At
approximately 1500 hrs I was notified by Michael Krohn that Officer Livernois had completed
his review of the case file and was ready for his interview.

At 1512 hrs on 05/22/19 I began my audio recorded interview with Officer Livernois with
representative Michael Krohn in attendance. This interview was conducted within the private
Chief`s Conference room. Prior to the start of my interview with Officer Livernois, I
initiated a digital recorder and provided a brief preamble (Sworn Employee Interview
Form).This interview was concluded at 1540 hours. A copy of the completed interview packet
and prepared questions has been attached to this file. The audio recorded interview has also
been attached to this file, and sent for secured transcription. Upon it`s completion, the
transcribed interview will be attached to this file. [05/23/2019 08:47, SGORE, 105, LPD]

* The transcribed audio recorded interview conducted with Officer Livernois was received on
05/23/19. The interview began with Officer Livernois explaining how and why he initiated

confirmed that he focused on because he matched the description of the subject who had
threatened to shoot someone. I then asked Officer Livernois what prompted him to say "What
you want to buck up on me,dude, huh?" Officer Livernois responded "So, once I realized that
he had balled up his fist, that`s when I walked up to him and I said, Dude, do you want to to
Page 10
buck up on me?" I proceeded to ask Officer Livernois about the question "You got a problem
with me?", and `s response of "You got a problem with me?" that ends with Officer
Livernois saying "Yeah, I do." When asked what problem Officer Livernois had with he
replied, "Well, because, you know, of the -- the description coming out of him saying that he
was going to, um, shoot somebody, or he made a statement that he was going to shoot
somebody." Officer Livernois then confirmed that at this time he had not performed a cursory
patdown of for weapons. I then asked Officer Livernois what said after he asked
him to "Take your hands out of your pocket." Officer Livernois replied, "So, when I asked him
to take his hands out of his pockets, uh, he made a comment about my hands aren`t in my
pockets, they`re in -- in the front of my shorts. And then that`s when he turned, like a
bladed turn, where I couldn`t see. And he had hands -- he had his hands, both of his hands
in the front of his shorts and he made a comment, something about scared." Officer Livernois
then confirmed he said "I will fucking jack you up", stating he said it because he took it as
a threat that he was scared because might have a gun on him. I then clarified that
Officer Livernois said "I`ll fucking jack you up right now. Do you understand that?", in
response to blading his stance, and Officer Livernois said "Because he said, are you
scared?" I then asked Officer Livernois if there was a particular reason for the back and
forth statements between he and , such as prior dealings, and he responded "I did not.
I never saw the kid before." Officer Livernois then stated that he "engaged, uh, then because
of his posture. Cause I could tell he wanted to fight."

When asked about his initial physical contact with , Officer Livernois explained "So,
that`s when, um, like he -- like I said, he made that statement about being scared. So, at
that point I decided to engage him and that`s when I wanted to escort him to the front of my
cruiser, because I wanted, um, it on video." Officer Livernois added, "Because if he did have
a gun and I -- you know, deadly force had to be used, I wanted it captured on video. So,
that`s the reason why I escorted him to the front of my cruiser is `cause I wanted that pat
down or, um -- captured on video. When asked to explain `s response to being physically
escorted to the cruiser, Officer Livernois stated "So, as I was escorting him to the front of
my cruiser to keep -- you know, like I said, I wanted it on video, I could feel that he was
pushing back a little bit. So, I was pushing him forward to get him to the front of my
cruiser. Um, he spun around and as he spun around, he put his hands up in front of his
chest, like, you know, a fighting position, like a boxer would. So, I was in fear of like I
thought maybe he was going to try to fight me. So, I spun him back around and I was able to
get him, um, bent over on front of my hood of my cruiser." Officer Livernois then added "And
at that point that`s when I applied, uh, the ressure point to redirect his aggression."
Officer Livernois goes on to explain that continued to resist his attempts at physical
control even after being pushed up against the cruiser. Officer Livernois then added, ", So,
that`s when I used the pressure point, `cause I wanted to redirect that aggression and
resistance. And I used the minimal amount of force." I then asked Officer Livernois if he
was angry or frustrated with for any reason, and he replied "Not at all."

Officer Livernois then confirms that he grabs the back of s neck with his right hand.
When asked what the purpose of this was, Officer Livernois states "To just stabilize his head
to apply the pressure oint with my left thumb." Officer Livernois then confirms that he slid
his left hand under `s lower jaw and clinched his hand. When asked what he is doing at
this point Officer Livernois explains "So, at that point I`m using my left thumb to apply the
pressure point underneath the jaw. And my hands were around the neck, um, to stabilize my
left thumb for the pressure point." Officer Livernois then adds, "And my right hand was on
the back of the neck to stabilize the head and my hands or fingers were around the neck to

grabbing `s throat when he clinched his fingers, and he answered "No. I never grabbed
-- I never applied any pressure to the throat." Officer Livernois then adds that he never
restricted the breathing of .

I then asked Officer Livernois how and when he was taught the pressure point technique, under
the jaw contact pressure point manipulation, as documented in his Response to Resistance
Report. Officer Livernois responded, "So, um, I -- I was taught, you know, that you could use
a pressure point. You know, I don`t recall maybe using it for the standup position, `cause I
know normally it`s done for the seating, prone, to bring them up. However, at that moment, I
used that technique, `cause I thought it was proper to use that technique at that moment to
gain compliance and redirect the aggression." I then asked Officer Livernois if he remembered
how the hand position was when it was taught in Defensive Tactics. Officer Livernois replied,
"Um, if I remember correctly, when you got somebody that`s being passive, make a fist with
your thumb, put it underneath the jaw, stabilize the back of the head. But at that point
when I was, um, applying that, it was all physical at that moment, you know, uh, with him
bracing, pushing back, you know, as I`m pushing him back to the cruiser to stabilize or, um,
use that a leverage. Um, like I said, I applied that technique all in one motion."

Page 11
The following is a excerpt from the Officer Livernois Interview transcription:

Sergeant Gore: I was one of the instructors. Um, so, we went over several different
pressure points at that time. Um, do you -- for a pressure point under the jaw, do you
remember us describing, like, getting under the mandibles on either side in the lower jaw and
pushing up and then pulling out on the jawbone?
Officer Livernois: Um, I do.
Sergeant Gore: When we`re kind of standing behind.
Officer Livernois: Yeah. Yeah.
Sergeant Gore: And you cradle on the arm --
Officer Livernois: Yeah.
Sergeant Gore: -- get on either side and --
Officer Livernois: Uh-huh.
Sergeant Gore: -- push up and then out --
Officer Livernois: Yeah.
Sergeant Gore: -- and pull away. Um, was that -- because obviously putting the hands on
either side of the neck and then pushing the thumb up --
Officer Livernois: Uh-huh.
Sergeant Gore: -- is it -- is a deviation from that.
Officer Livernois: Right.
Sergeant Gore: Do you remember what you`re describing? What you did in the video, do you
remember that ever being taught in defensive tactics?
Officer Livernois: No.
Sergeant Gore: Okay. Is that just something that --
Officer Livernois: I guess the --
Sergeant Gore: Have -- have you done that previous or is that something --
Officer Livernois: No, it was just something -- like I used that technique because of the way
he was, you know, resisting me at that moment. And I used that technique to, you know, like
I said, redirect his aggression, to use that pressure point.
Sergeant Gore: Okay. So -- all right. So, that`s not something that you learned through
D.T. That`s just something that kind of organically came up when you were out there on the
scene.
Officer Livernois: Yeah, `cause I --
Sergeant Gore: It`s the first time you`ve done it?
Officer Livernois: Yeah, that was -- it was a technique that I thought was proper at the time
that I -- when I applied it.

Later in the interview I asked Officer Livernois if he let go of his grip from `s neck
because the other juveniles interjected or stopped resisting. Officer Livernois
responded, "No. So, basically, once I applied the technique, my technique was, I applied
that pressure point, and I told him to calm the fuck down, and then stop. That`s was I did.
And then at that point once he -- I realized he wasn`t, you know, pushing back anymore, I
released. And then came over. That`s what I recall." I then asked Officer Livernois
if he had given any thought to de-escalating or trying to bring down, and he stated
"Well, because the -- I figured, you know, it`s -- I`m -- it`s me against these guys, you
know? And with him already making a statement that he wanted to shoot somebody, his posture,
the fighting posture, balling up the fist, I -- I engaged that. And, you know, yeah, I said,
you know, "Do -- do you want to buck up on me?" `Cause that`s what I perceived that he was
trying to do was he wanted to fight." At the end of the interview I asked Officer Livernois
to clarify certain points. He confirmed that "As far as this agency, I wasn`t -- I don`t
recall being trained to use a standup pressure point here." Officer Livernois then stated
that he has used stand up pressure points for an agency in Detroit. I then asked Officer
Livernois "Would you consider that grabbing him by the back and front of the neck, would you
consider that a neck restraint?", and he replied "No". When asked what he would consider
that, Officer Livernois answered, "Like I said, I used the pressure point. And I know my
fingers were around the throat, but they were stabilized -- used the, um -- for the pressure

level of resistance did you consider at, Officer Livernois replied, "Active physical."

Finding of Fact:

At the initiation of this Internal Affairs investigation, which stemmed from a video posted
to the Police Department`s Facebook page, I began to investigate the alleged violation of CY
7: Bullying, discourtesy or rudeness, which may include the use of profane, or abusive, or
insulting language or action directed at another. It should be noted that at the time I began
this investigation I did not have an identified or external complainant. Upon researching the
incident, I discovered that the posted video was captured with reference to interaction
between Officer Livernois and involving Largo Report #19-003431.
Page 12
I first reviewed Largo Assault on a Law Enforcement Officer Report #19-003431. The narrative,
written by Officer Livernois, documents several statements made by Officer Livernois to `
as follows:

1) "Do you want to buck up on me dude?"

2) "Do you have a problem with me?" After replied "Do you have a problem with me?"
Officer Livernois replied, "Yeah I do."
3) "I will jack you up."
4) "calm the fuck down" and "stop".

I then reviewed the Data911 file listed under owner bliverno, identified by Media #365763.
This Data911 video has limited sound that is captured from the cruisers microphone. The
speaker picks up the Officer, identified as Officer Livernois, saying "Stop!", and then an
inaudible word. The speaker then picks up the cruiser door being shut.

I next reviewed the YouTube video titled "WHITE LARGO FLORIDA COP CHOKES BLACK TEEN". This
video captures the verbal interaction between Officer Livernois and as
follows:

1) Officer Livernois saying "Stop."

2) Officer Livernois can then be heard saying "Get over here!"
3) Officer Livernois is then heard telling someone to "Spit it out"
4) Officer Livernois then gives a second command of "Put it out!"
5) Officer Livernois "What you wanna buck up on me dude, huh?"
6) Officer Livernois asks "You got a problem with me?" immediately responds
with "You got a problem with me?", and Officer Livernois responds "Yeah I do."
7) Officer Livernois then gives the command of "Take your hands out of your pocket"
8) Officer Livernois then makes the statement "I`ll fucking jack you up right now, do you
understand that?"
9) Officer Livernois then states "Lets go over here, you wanna fuck around."
10) Officer Livernois says "You wanna fuck around with me?"
11) Officer Livernois "Do it, I`m telling you right now..."

I then reviewed the transcription from my interview with Ofc. Livernois, conducted on
05/22/19. During this interview Ofc. Livernois confirms that he made the following
statements:

1) "What you want to buck up on me,dude, huh?"

2) "You got a problem with me?", and `s response of "You got a problem with me?" that
ends with Officer Livernois saying "Yeah, I do."
3) "I`ll fucking jack you up right now. Do you understand that?"
4) "You want to fuck around with me?"

In addition, Officer Livernois confirmed that he did not attempt to de-escalate or bring
back down as his interaction with began to verbally and physically escalate.

*** At the conclusion of my Internal Affairs investigation, based on the audio from the
YouTube video titled "WHITE LARGO FLORIDA COP CHOKES BLACK TEEN", Officer Livernois`s
narrative from Largo Report #19-003431, and his sworn interview statements, I do find that
Officer Livernois did violate CY 7: Bullying, discourtesy or rudeness, which may include the
use of profane, or abusive, or insulting language or action directed at another.

- - - - -

The second alleged violation that I investigated was Directive 1-4 Response to Resistance:
IV. G. Choke holds and neck restraints are prohibited except in cases where aggravated
physical resistance is encountered.

I began by reviewing of Largo Assault on a Law Enforcement Officer Report #19-003431. In the
narrative of this report, written by Officer Livernois he writes "I utilized a mandibular
under the jaw contact pressure point with my left hand underneath the black male subjects jaw
to apply a quick contact pressure point with my left thumb to gain compliance." Officer
Livernois added that he "placed my right hand behind the black male subject`s head to try and
calm the black male subject down", as he applied the contact pressure point and verbalized
"calm the fuck down" and "stop". Officer Livernois also wrote that he "released the pressure
point manipulation under the jaw after one or two seconds and put my left hand on the
subject`s left shoulder. No other force was used."

I then reviewed the Response to Resistance Report completed by Officer Livernois with
Page 13
reference to Largo Report #19003431. The report documents that was at
Active Physical Resistance, and Officer Livernois`s Response Level was Physical Control
(Under the jaw contact pressure point manipulation).

I next reviewed the Data911 file listed under owner bliverno, identified by Media #365763,
titled 19-003431. The following is an excerpt from the video footage:

Officer Livernois is facing the camera, and as he enters the screen the black male wearing
grey shorts and a white long sleeved shirt, identified as , is seen directly
in front of Officer Livernois, with Officer Livernois`s left hand on his back, turning to his
right to face Officer Livernois. is seen in the video completing his turn and facing
Officer Livernois, as he brings his hands up to his chest. Officer Livernois and are
then seen working for hand position, until at the time stamp of Apr 4, 2019 at 4:52:08;22 PM,
Officer Livernois is able to grab `s right wrist with his right hand and uses it to
spin so he is facing the front of the cruiser. Officer Livernois is then seen placing
his left wrist and forearm against the back of `s neck, as he pushes against the
hood of the cruiser. At the time stamp of Apr 4, 2019 at 4:52:10;00 PM Officer Livernois
begins to slide his left hand under `s lower jaw, with his thumb on the left side of
`s neck and his fingers splayed. At the same time, Officer Livernois grabs the back of
`s neck with his right hand. At the time stamp of Apr 4, 2019 at 4:52:10;10 PM Officer
Livernois is seen clinching his left hand under s lower aw, but his thumb is not
visible. Officer Livernois appears to be saying something to at this time, but there
is no sound captured. Officer Livernois`s pinky, ring and middle finger on his left hand
remain visible under `s lower jaw until his hand is relaxed at the time stamp of Apr 4,
2019 at 4:52:12;02 PM. It should be noted that `s facial expression never changes as
Officer Livernois has his left hand under `s lower jaw, and he does not gasp for breath
or appear in distress at any time. Shortly after Officer Livernois removed his left hand from
under `s lower jaw, at the time stamp of Apr 4, 2019 at 4:52:13;24 PM.

I then reviewed the YouTube video titled "WHITE LARGO FLORIDA COP CHOKES BLACK TEEN". The
following is an excerpt from the video footage:

The camera then shows fold his arms on his chest as Officer Livernois moves toward
and grabs his right upper arm with his left hand. Officer Livernois then states "Lets
go over here, you wanna fuck around.", as he turns to the right and places his right
hand on `s right upper arm. Officer Livernois then moves to the right of the
screen until reaches the front of Officer Livernois`s cruiser. Someone off camera can
be heard telling to "Just chill bro." As touches the front of Officer
Livernois`s cruiser he turns to the right and faces Officer Livernois and brings his hands up
in front of Officer Livernois`s chest (Active Resistance). Officer Livernois says "You wanna
fuck around with me?" Someone off camera can be heard telling don`t resist,
don`t resist." Officer Livernois can then be seen turning back to the right,
facing away from him, and pushing his hips and torso into the hood of the cruiser. Officer
Livernois is then heard saying "Do it, I`m telling you right now...", as he grabs the back of
`s neck with his right hand, and leans his head towards `s left ear. As the video

s neck, under `s lower jaw and right ear. It should be noted that the thumb on
Officer Livernois`s left hand is not visible from the camera angle in the video. At this
point in the video multiple individuals off camera begin yelling, and a white male wearing a

Officer Livernois releases and turns toward the white male wearing the red shirt, who
moved off the left side of the screen and appears to push someone back with two hands.

I then reviewed the transcription from my interview with Ofc. Livernois, conducted on
05/22/19. During this interview Ofc. Livernois confirms the following information:

1) That he grabbed the back of `s neck with his right hand.

2) That he slid his left hand under Tullis`s lower jaw.
3) "And my hands were around the neck, um, to stabilize my left thumb for the pressure
point."
4) "And my right hand was on the back of the neck to stabilize the head and my hands or
fingers were around the neck to stabilize the left thumb for the pressure point."
5) "So, um, I -- I was taught, you know, that you could use a pressure point. You know, I
don`t recall maybe using it for the standup position, `cause I know normally it`s done for
the seating, prone, to bring them up. However, at that moment, I used that technique, `cause
I thought it was proper to use that technique at that moment to gain compliance and redirect
the aggression."
6) That putting the hands on either side of the neck and then pushing the thumb up is a
deviation from the Under the Jaw Pressure Point instruction from Defensive Tactics.
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7) That this was the first time he utilized this "technique" or any pressure points as a
Largo Police Officer.
8) "Yeah. As far as this agency, I wasn`t -- I don`t recall being trained to use a standup
pressure point here."
9) "But I`ve used it in the past as far as other agencies. Detroit."
10) "I`ve done that quite a bit there."
11) "Like I said, I used the pressure point. And I know my fingers were around the throat,
but they were stabilized -- used the, um -- for the pressure from my left thumb. I -- I
never used a choke hold or a neck restraint.
12) That he considered at Active Physical Resistance.

*** At the conclusion of my Internal Affairs investigation, based on the footage from the
YouTube video titled "WHITE LARGO FLORIDA COP CHOKES BLACK TEEN", Officer Livernois`s Data911
In-car footage, and his sworn interview statements, I do find that Officer Livernois did
violate Directive 1-4 Response to Resistance: IV. G. Choke holds and neck restraints are
prohibited except in cases where a ravated physical resistance is encountered. Based on my
review I determined that `s highest level of resistance was Level 4: Active
Physical Resistance, and Officer Livernois`s Response to Resistance, neck restraint/choke
hold, requires Level 6: Aggravated Physical Resistance.

This concludes Internal Affairs Investigation #19-A008. This investigative file will be
submitted for the review of Lt. Chaney and Major Slaughter for their recommended
dispositions. Once these recommendations are obtained this complaint will be submitted for
review by Deputy Chief Loux for a final adjudication. [05/24/2019 11:24, SGORE, 105, LPD]

On 05/29/19 I was provided with two completed Adjudication forms for Internal Affairs
Investigation 19-A008. The two individual Adjudication Forms each document a final
adjudication of SUSTAINED, for Officer Livernois. Each form is signed by Lt. R. Chaney, Major
S. Slaughter, and Deputy Chief M. Loux, with a date of May 28, 2019. Both individual
Adjudication Forms has been scanned and attached to this file. [05/29/2019 08:15, SGORE, 105,
LPD]

On 06/11/19 I received the completed and signed Chain of Command Consensus Meeting
Recommendation Memo from Lt. Randall Chaney. This memo documents the following:

Code of Conduct, CY7 (Determined Discipline): Concur 5 day w/mandatory EAP

Code of Conduct, CY52 (Determined Discipline): Dismissal from Employment

This memo was signed by the Chief of Police Jeffrey Undestad, dated 06/11/19. This memo has
been scanned and attached to this file.

On 06/11/19 I was provided with the Chain of Command Consensus Meeting Notification Memo for
Officer Brian Livernois. Lieutenant Randall Chaney and I then responded to the residence of
Officer Brian Livernois. Upon making contact with Officer Livernois he was notified of Chief
of Police Jeffrey Undestad`s Determined Discipline. I then had Officer Livernois complete the
notification form, which he did by selecting the request for a Pre-Disciplinary Hearing.
Officer Livernois then signed and dated the form 06/11/19. This memo has been scanned and
attached to this file. [06/11/2019 12:41, SGORE, 105, LPD]

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