Summary Of David McCranie Traffic Stop. FHP case Number FHPH14OFF /23/14 9:46PM

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1 1 Summary Of David McCranie Traffic Stop FHP case Number FHPH14OFF /23/14 9:46PM At approximately 10:56 PM I received a phone call on Watch Commander s phone from a person I recognized as Sgt. McCranie. He sounded agitated and immediately stated that he needed me to come to the intersection of Pensacola and Duval. At the time I got the call, I was out on a perimeter in reference to a K-9 track of a narcotics suspect in the area of Dunn and Dean. I stated as much to Sgt. McCranie and asked him what he had. Sgt. McCranie replied that he had been pulled over by FHP and they were having him do FSE s. He clarified that he was not drunk, but needed me en route as soon as possible. I broke from the perimeter and drove to the scene. While en route, I contact Captain Revell and advised him of the situation. When I arrived on scene, I noted that there were three marked FHP units and a dark colored pickup truck at the north end of the bus parking on the west side of the capitol building. I parked one car length north of the southernmost part of the bus parking and got out of my car. I walked about half way up (still well short of the traffic stop) and stood and observed. After I had been there for a couple of minutes, an FHP uniformed sergeant approached me and introduced himself as Sergeant Chukes (#389). I introduced myself to Sgt. Chukes and stated that I had no intention of interfering with the Florida Highway Patrol s traffic stop and that I was only there to observe. I advised him that Sgt. McCranie had called me and asked me to come to the scene. Sgt. Chukes indicated that he was aware that Sgt. McCranie had called me and went on to say that the stop was essentially over. I asked what had happened and Sgt. Chukes relayed the following to me: Trooper Powers (#1005) had been on a traffic stop and Sgt. McCranie had driven by and yelled out the window at the trooper. When I asked what Sgt. McCranie had yelled, Sgt. Chukes advised that it was something to the effect of Ohhhh there is a big trooper on a traffic stop with no obscenities. This drew Trooper Powers attention to McCranie and he concluded his stop and followed him. Trooper Powers then observed Sgt. McCranie run two red lights and finally stopped him for those violations in the area of Pensacola and Duval. When Troopers Powers did so, Sgt. Chukes advised that McCranie jumped out of his truck and aggressively walked back toward Powers while simultaneously reaching behind him with his right hand. This action caused Trooper Powers to be placed in fear for his safety and he drew his gun and gave McCranie verbal commands. Sgt. McCranie complied and the situation deescalated. Sgt. Chukes advised that Trooper Powers noted the odor of alcohol on or about Sgt. McCranie and requested that he preform FSEs. Initially McCranie refused, but eventually performed

2 2 them and did so to the satisfaction of the now three troopers on the scene. I asked Troopers Powers if he believed that Sgt. McCranie was DUI or impaired and he stated that he did not or they would be taking him to jail. I asked Sgt. Chukes if Sgt. McCranie had said or done anything unprofessional such as being belligerent or using foul language and he said that he had not. That concluded my initial conversation with Sgt. Chukes and Trooper Powers. Sgt. McCranie then approached me and spoke with me about the incident. I immediately noticed the sweet odor of alcoholic beverage coming from Sgt. McCranie s mouth area as he spoke. The odor was distinct but not strong. Sgt. McCranie maintained his balance during the conversation and did not slur his words. Sgt. McCranie was highly agitated and spoke rapidly shushing me several times. He reiterated essentially the same story that I had heard from the troopers with the exception of: 1. He added several times that he was not intoxicated and offered to take a breath test via PBT (Captain Revell and I discussed this and decided against it). 2. Sgt. McCranie denied shouting at the trooper 3. Sgt. McCranie asserted that the red light violations were not accurate Part way through our conversation, Trooper Powers approached and indicated that he was ready to give McCranie the citation for running a red light. He approached and Sgt. McCranie attempted to shake his hand. Trooper Powers stated that he did not shake and handed the citation to McCranie and began explaining the citation to him. McCranie became angry and walked away mid contact. I intervened and suggested that Sgt. McCranie walk back to the Trooper and finish the contact in a professional manner which he did. I then continued to talk with Sgt. McCranie. He apologized to me several times and asked me if I saw anything that could have been done better (or something to that effect). I indicated that I would have preferred to see a more professional contact while he was receiving the ticket. I suggested it was better for all that Sgt. McCranie and his passenger (Mr. Morris) leave his vehicle and get a ride home. Sgt. McCranie agreed, I returned his personal firearm to him (Trooper Powers had seized it for the duration of the contact) and Sgt. McCranie and Mr. Morris walked toward downtown with the stated intent of getting a hotel room for the night. After Sgt. McCranie left the scene, I spoke with all three troopers, apologized for any unprofessional conduct, reiterated my intent not to interfere in any way, and asked for and was granted permission to review the video from the in car cameras. I did not watch all the video as it was lengthy but watched the majority of it and the essential elements. Video review summary:

3 3 The first section of the video shows Trooper Powers on a traffic stop on what appears to be Gaines Street. A passing pickup truck goes by the traffic stop in the opposite direction. The truck matches the description of Sgt. McCranie s truck and although audio is unclear and it is almost impossible to determine the source from the video (Powers indicated with no hesitation that the source was Sgt. McCranie with his window rolled down) an audible similar to what is described above can be heard. Although Sgt. McCranie s vehicle is a LONG way away from the trooper s vehicle, it appears as though he ran the red light at Bronough and St. Augustine east bound on St. Augustine. Again the video is not conclusive because of the troopers car turning north onto Duval at the time, but Trooper Powers can easily be heard saying something to the effect of he ran that light at Duval and Madison(?). When the trooper blue lighted McCranie, Sgt. McCranie stopped in the right lane of Duval north bound at Pensacola and immediately got out of his truck (driver s seat). He then walked normally toward the troop (who is off camera at the time) and reached for his wallet with his right hand moving to his right rear pants pocket. The trooper immediately responded with verbal commands and Sgt. McCranie reacted by identifying himself as a police officer, following the commands and keeping his hands in sight. (McCranie explained that he got out of the car to move himself away from his firearm to me and Trooper Powers) Shortly after, the stop deescalated and they moved to the sidewalk. Sgt. McCranie was asked to perform FSE s and he initially declined politely. He later agreed when confronted with the potential of going to jail. I watched the walk and turn and most of the one leg stand. I saw nothing that indicated to me that deviation from the FSE as instructed. Sgt. McCranie s passenger was a I did not interview him about the incident, but merely apologized for any inconvenience and exchanged pleasantries. I requested copies of the in car videos. Sgt. Chukes advised that we would have to make a public records request Tuesday. I asked that if there was a way to make that happen sooner, I d appreciate it. I did not get the feeling that there was. Eventually, Sgt. McCranie called me and asked for a ride home. But, by the time I cleared the scene he and Mr. Morris had caught a cab home. Summary and conclusions:

4 4 1. It appears that based on the video and Trooper Powers observations Sgt. McCranie did yell at Trooper Powers while he was on an unrelated traffic stop. While not a professional representation of the Tallahassee Police Department and distinctly unwise after having consumed alcohol and driving McCranie did not identify himself as an officer at that time and used no foul or defamatory language. 2. It appears more likely than not based on Trooper Powers statements to me and the video that Sgt. McCranie ran two red lights. 3. Sgt. McCranie stopped quickly when blue lighted and did get out of the car. He walked toward the trooper while reaching for his wallet but complied with all commands as they were given. At that point, he identified himself as a police officer. 4. Sgt. McCranie passed the FSE s and according to the troopers was not drunk or impaired or we would have taken him to jail. Sgt. McCranie had been drinking. I smelled it and he stated to me that he had a beer at the baseball game. 5. Sgt. McCranie was highly agitated when he received the ticket and between facial expression, body language and walking away from the trooper was not professional. By this time, it was well known that he was a Tallahassee Police officer and he should have conducted himself more professionally. Summary: McCranie had been drinking, but was not drunk. He yelled at the trooper as he passed him, ran two red lights and in a highly ill-advised manner got out of his vehicle and walked toward the trooper while reaching for his wallet. He passed the FSE s but the troopers and I suggested that he not drive and leave his vehicle or get someone to come get it. All in all while I noted no major policy or law violations, I did note minor G.O. 46 violations concerning conduct to include: Recognizing law enforcement personnel occupy a special place in American society, the City of Tallahassee and the Tallahassee Police Department expect a high level of professional and personal conduct from all Department members regardless of rank or assignment. All members shall maintain trust, loyalty and commitment to the Department and the community. Whether on-duty, off-duty, or engaged in secondary employment activity, Department members shall avoid any appearance of impropriety or a conflict of interest in their role as a public servant and in their personal lives. Members shall not engage in any willful action or conduct which impedes the Department s efforts to achieve its goals, values, or beliefs as stated in the mission statement and code of ethics, brings discredit on the Department, or impairs the operation or efficiency of the Department or any member. Members shall not at any time, on or off duty, be under the influence of any alcoholic beverages in public view so as to bring discredit to the Department. On view discipline seems appropriate at this time.

5 5 Update: 5/24/14 10:00PM Sgt. McCranie placed a call to me. The summary of the call is as follows: Sgt. McCranie began by apologizing again. He then stated that it was his hope that this could be handled on the first floor. I echoed the same sentiment and when he tried to engage me further in conversation about the incident, I merely stated that I did not feel comfortable discussing any other issues and went on to say that he needed to relax, takes care of himself, and take care of his family. Sgt. McCranie stated several times that he would take whatever punishment was meted out with no argument. I advised him to let the process work and take of himself and his family and concluded the call. Lt. Suleski was present in the room with me for most of the phone call.

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