police narratives
[This is a text version of the handwritten report from Officer Bryant, Sept 7 2006. Officer Bryant had taken his oath of office just 2 1/2 weeks previous to the incident]:
STATEMENT OF PROBABLE CAUSE TO DETAIN
Orsak was riding his bike on the outbound roadway. Myself and Officer Wingate #89 made contact with Orsak. Off. Wingate advised Orsak that he could not ride his bike on the outbound roadway because it was too dangerous. Orsak stated that he had no other place (road) to bike on. Off. Wingate then advised Orask to stop his bike and get off, Orsak refused. After several attempts Orsak finally stopped and got off his bike. Off. Wingate then exited squad #923 and spoke with Orsak in the median between NWADrive and the outbound roadway. Orsak became very upset and would not listen to Off. Wingate. Off Wingate advised['advised' is crossed out- ed.] ordered Orsak to walk his bike from North west Drive to Post Road where he could continue biking to St Paul. Orsak ignored the order, he got on his bike and stated there are no signs posted that I cannot bike on this roadway (Northwest Drive). Orsak then began to bike away. Off Wingate approached Orsak from the rear and grabbed a hold of him. Orsak became very resistent. Off Wingate ordered Orsak to get off the bike. I then ordered Orsak to stop resisting Off. Wingate proceeded to lead Orsak off the bike, he ordered Orsak to put his hands behind his back. Orsak resisted. Off Wingate then advised me to tase Orsak. I then withdrew my taser (X26 model) and ordered Orsak to stop resisting and put his hands behind his back. Orsak did not comply, I then tased Orsak, he then went to the ground and I handcuffed him w/assistance from Off. Wingate and placed Orsak in my squad.
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[This is a text version of the typed narrative from Officer Wingate, the officer primarily responsible for the incident Sept 8 2006. Officer Wingate took his oath of office less than 2 3/4 years previous to the incident]:
Officers advised male biking on the Outbound Roadway to get off roadway and walk bike to Post Road. Male biker became resistant. Male was tased, placed under arrest, transported to Hennepin County Medical Center and Hennepin County Jail. The male was charged with obstructing legal process with force.
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[This is a text version of the Narrative, written by Officer Bryant Sept 8 2006 8:54 am]:
On 09/07/2006 at 1812 hours, Officer Wingate (#89) and I observed a white male riding a bicycle on the Outbound Roadway near Building B.
The bicycle was riding between the white fog line and the curb. All four lanes of Outbound Roadway contain heavy traffic.
Officer Wingate and I were en route to assist on an attempt to locate put out by Officer Hoerdt (#54). Officer Hoerdt requested we check the Hubert H. Humphrey light rail platform for runaway 15 year old female. We responded from the Police Operations Center.
From our squad car, Officer Wingate rolled down his passenger window and advised the white male to stop and get off his bike because it was too dangerous to bike on the Outbound Road. The white male replied, 'the signs say not to cross over, I can't stop".
Officer Wingate was attempting to expedite our arrival to the attempt to locate call and was hoping the male would just comply with our command from the squad. Officer Wingate again advised the white male to stop and get off the bike. The white male continued to ride his bike. I then stopped my Squad number 923, and Officer Wingate exited the squad and stopped the white male.
I then pulled my squad over and advised Dispatch of our location and situation. I approached Officer Wingate and the white male who were standing in the median between the Outbound Roadway and Northwest Building B.
Officer Wingate was advising the white male about how dangerous it is to bike on the Outbound Roadway, and he wanted justification for not listening to a verbal command given by a Police Officer.
The white male became very angry, and would not listen to Officer Wingate. The male stated that we were assholes for stopping him and for the way we were speaking with him. The white male stated that we were being overbearing and abusing our authority. Officer Wingate then advised the white male that if he did not comply with our orders, he may be tased and arrested for obstruction.
Officer Wingate then advised the white male that he could walk his bike on Northwest Drive to Post Road, and then to continue on biking from there to St. Paul as we needed to respond to an attempt to locate. The white male still would not listen to Officer Wingate. I then ordered the white male to take his bike and go across the roadway and walk it to Post Road, as Northwest Drive is a one-way street and the bicycle operator was going against the traffic flow. After several more attempts, the white male crossed over the median with his bike.
At this time, the white male stated that Northwest Drive roadway did not have any "no bicycling" signs posted on it and that he was going to ride his bike on it. The white male stated this road is free from heavy traffic and it does not pose a risk to him. The white male then proceeded to get on his green bike and begin pedaling away. Being that the white male was now riding his bike against the flow of traffic and was told to walk his bike on Northwest Drive, Officer Wingate commanded the white male to stop. The white male did not stop. Officer Wingate told the white male at least four times to stop, which Orsak kept riding away. Officer Wingate then grabbed the white male by his left shoulder and his back side. Officer Wingate again ordered the white male to stop. The white male didn't stop and started shrugging his shoulders very forcefully to break away from Officer Wingate. I then ordered the white male to stop resisting and put his hands up in the air. The white male continued to be resistant.
Officer Wingate attempted a take-down maneuver on Orsak, which was unsuccessful.
Officer Wingate then broke away and asked me to tase the white male. I then withdrew my X26 taser from my holster and ordered the white male to put his hands up or I will tase him. The whitee male continued to be resistant. I then yelled, "taser, taser" and deployed my taser with my air cartridge attached in the direction of the white male. Both probes struck the male successfully with one probe attached to his right chest area and the other to his right hip.
The white male went to the ground and Officer Wingate then grabbed hold of the white male's arms. The white male continued to struggle. I again yelled at the white male to place his hands behind his back or I would tase him again. I then dropped the taser and moved in and handcuffed the white male (finger space, double locked).
Officer Wingate then notified Dispatch of the taser deployment and of one white male in custody.
The male was identified by his California drivers license as Stephan R. Orsak, Date of Birth: 02/06/1957. Orsak came back clear in California and Minnesota.
I conducted a pat down search of Orsak and he was clear of weapons.
At this time, Sergeant Karsnia(#4221) arrived along with Officer Rindels (#28). Sergeant Karsnia spoke with Orsak about the situation. Please see Sergeant Karsnia's supplemental report.
Allina was called to the scene to remove the taser probes from Orsak's body. Once the probes were removed, Allina asked Orsak if he wanted to go to the hospital.
Orsak requested to be transported to the hospital by Allina. Orsak was transported to Hennepin County Medical Center.
Digital pictures were taken of Orsak's body, where the two probes penetrated his skin. I burned digital photographs to a compact disk. The compact disk was attached to the case file.
I rode in the back of the Allina vehicle with Orsak, and Officer Wingate followed to Hennepin County Medical Center.
When I arrived at Hennepin County Medical Center, Orsak was compliant and calm. The doctor checked him out and cleared him for transport to Hennepin County jail.
We then transported Orsak to Hennepin County Jail and booked him in.
Later in the shift, Officer Wingate went back and reviewed the Outbound Roadway and noticed several "no pedestrian" signs indicating "NO PEDS BY ORDER OF AIRPORT POLICE"
Several digital pictures were taken of the Outbound Road, No Pedestrian signs, which were also burned to compact disk.
Charges were gross misdemeanor, Obstruction of the Legal Process with Force (Minnesota State Statute 609.50 subdivision 2) and Failure to Comply with a Lawful Order (Minnesota State Statute 169.02) pending formal complaint.
Orsak's belongings were inventoried and placed in the secured property locker.
The following belong to Orsak: One green collapsible bike, one black backpack, one black utility bag, one gray helmet attached to the green bike).
No further action taken by Police Officers.
Officer Bryant (#86)
Airport Police Department
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[This is a text version of the Narrative written Sept 8 2006 by Sergeant Karsnia #11]:
On 9/7 of 06 at about 1811 hours, Officer Wingate called out asking for another squad. As I was heading to his location, he updated Dispatch that they had deployed the taser on a subject.
Upon arrival, the incident was over, the suspect was handcuffed and in custody.
The suspect told Officer that he wanted to speak to his supervisor. Officer Wingate directed the suspect towards me. The suspect stated that he would like to speak with me.
I informed the suspect that I would like to speak with my Officers first, and then I would get back to him after I knew what was going on.
As I was speaking with Officer Wingate about the incident, Officer Bryant was patting down and searching the suspect incident to arrest.
As Officer Bryant was searching the suspect against the police car, the suspect was yelling out as passing by traffic help, help, help.
I went over to the suspect and asked him to settle down. The suspect stated he wanted a third party here other than the police because he did not trust us.
I spoke with the suspect and he started to tell me his side of the story. He was confrontational and argumentative during the entire conversation. Since Airport Fire was tied up on calls, Allina responded to take the probes out of the suspect. The suspect was already notified that he'd be going to Hennepin County Jail.
Allina Medical Services asked the suspect if he would like to go to the hospital, which he replied yes.
Officer Bryant went with the suspect in the ambulance to Hennepin County Medical Center, while Officer Wingate followed behind the ambulance in the squad car.
I checked camera footage. Cameras number 420, 305, 54, 191 and 188, which did not show anything prior to the incident.
Use of force, Sergeant Satre was notified of the incident. He downloaded the taser information from Officer Bryant's taser.
Sergeant Karsnia (#11)
Airport Police Department
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[This is a text version of pages 1 and 2 of the scanned COMPLAINT, filed October 9, 2006]:
COMPLAINT
Your Complainant is a Sergeant (Darrell Gravley) with the Metropolitan Airports Commission Police Department who states that he has read and reviewed the offense reports of MAC Police Officer Orlando Bryant and Sergeant David Karsnia and, based thereon, alleges the following:
On September 7, 2006, at approximately 6:10p.m., Officers Bryant and Wingate responded from the Lindbergh Terminal at the Minneapolis-St Paul International Airport to a call for officers to the Hubert Humphrey Terminal light rail platform. While in route to the call, Officers Bryant and Wingate observed an individual, later identified as the above-named Defendant (Stephan Orsak), riding his bicycle on the Outbound Roadway, also known as Glumack Drive, in the jurisdiction of the Metropolitan Airports Commission, County of Hennepin, State of Minnesota. Officers Bryant and Wingate observed that traffic was particularly heavy on the Outbound Roadway and determined that the Defendant's travel by bicycle was unsafe for the Defendant as well as other vehicles Officers Bryant and Wingate observed that there were signs stating that pedestrians and bicycle traffic were not allowed on the Outbound Roadway.
Officers Bryant and Wingate pulled their squad car parallel to the Defendant and asked that the Defendant stop and alight from his bicycle because it was too dangerous to bike on the Outbound Roadway. Officers Bryant and Wingate observed the Defendant tell them that he could not stop because signs told him he could not cross over.) Officer Wingate again advised the Defendant to stop and alight from his bicycle The Defendant continued to ignore the instructions of Officer Wingate and continued to ride his bike. Officers Bryant and Wingate stopped their squad car and exited the vehicle and stopped the Defendant. Officer Bryant observed Officer Wingate and the Defendant standing in the median between the Outbound Roadway and a parallel road- Northwest Drive. Officer Wingate explained to the Defendant the danger posed by his bicycle riding on the Outbound Roadway with such heavy traffic and asked for Defendant's explanation for not following the initial instruction to stop bicycling. Officer Bryant observed the Defendant respond that the Officers were "assholes" for stopping him and for the way the Officers were speaking to him.
Officer Bryant observed Officer Wingate advise the Defendant that he could walk his bike on Northwest Drive to Post Road and from there could continue biking to his destination which the Defendant stated was St Paul Officer Bryant observed that Northwest Drive is a one-way street at that location and that the defendant would be traveling against the flow of traffic and against the direction designated for such traffic. Officer Bryant instructed the Defendant to take his bike to Northwest Drive and walk it to Post Road as Northwest Drive is a one-way street and he would be moving against the flow of traffic. Officer Bryant observed that, eventually, the Defendant crossed over the median to Northwest Road with his bike. Officer Bryant observed the Defendant tell the Officers that Northwest Drive was free from heavy traffic and it did not pose a risk to him. Officer Bryant observed the Defendant mount his bike and begin pedaling away from the Officers.
Officer Bryant observed Officer Wingate instruct the Defendant to stop riding his bicycle on Northwest Drive, as he was riding his bicycle in the opposite direction of traffic on a one-way road. Officer Bryant observed that the Defendant would not stop as instructed by Officer Wingate.
Officer Bryant observed Officer Wingate give the instruction to stop four times and the Defendant ignore the repeated instruction. Officer Wingate approached the Defendant and grabbed the Defendant's left shoulder and back, at which point Officer Wingate again instructed the Defendant to stop. The Defendant continued to refuse to stop. Officer Bryant observed the Defendant forcefully shrug his shoulders and physically attempt to break away from Officer Wingate. Officer Bryant ordered the defendant to stop resisting and put his hands in the air, but the Defendant continued to resist despite the instruction. Officer Bryant observed Officer Wingate unsuccessfully attempt a take-down maneuver. Officer Bryant observed Officer Wingate ask Officer Bryant to use a taser on the Defendant. Officer Bryant drew his taser and warned the Defendant to put his hands in the air or he would be tased. Officer Bryant observed the Defendant continue to resist. Officer Bryant yelled the warning 'taser, taser' and deployed his taser at the Defendant, which deployment was successful as each probe struck the Defendant.
Officer Bryant observed that the taser effect forced the Defendant to the ground, but the Defendant continued to struggle and would not place his arms behind his back as instructed. Officer Bryant warned the Defendant again that he would tase him if he continued to resist. Officer Bryant observed that the Defendant continued to resist but Officer Bryant was able to move in and handcuff the Defendant with Officer Wingate.
Officer Bryant observed that Sargeant Karsnia and Officer Rindels arrived on the scene. Officer Bryant observed that paramedics arrived at the scene and removed the taser probes from Defendant's body. Officer Bryant observed the Defendant request that he be transported to the hospital. Officer Bryant observed that the Defendant was transported to Hennepin County Medical Center and upon arrival, Officer Bryant observed a doctor from Hennepin County Medical Center evaluate the Defendant and clear him for transport to Hennepin County Jail. Officers Bryant and Wingate transported the Defendant to Hennepin County Jail.
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The following narratives were included with the Complaint, and represent the police view of what took place. I present them here completely and without commentary, and so that people can judge for themselves the plausibility of what they have written:
(scanned originals available in the ‘Complaint scans’ link above)
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