Defendants Name:Harvey Keller
Defendants Phone:3075957
Defendants Address:Richards Majestic Apt.
Requested Attorney: N/A
Defendants Phone:3075957
Defendants Address:Richards Majestic Apt.
Requested Attorney: N/A
Department:
LSPD
Officer 1
Badge Number: 6520
Rank & Name: Captain Jason Steel
Officer 2
Badge Number: N/A
Rank & Name: Kevin Shard
LSPD
Officer 1
Badge Number: 6520
Rank & Name: Captain Jason Steel
Officer 2
Badge Number: N/A
Rank & Name: Kevin Shard
Time & Date of Incident(s):1/FEB/2022 / Eclipse Blvd.
Charge(s) Being Appealed:Felony Evading | Possession of Illegal Firearms/Weapons | Possession of Illegal Modifications |
Narrative:
A lot of detective units were at the Hotel on Eclipse Blvd where my friends usually hang out. I approached the scene on my bike and saw officers taking pictures with my friends, everyone was chilling. Then one officer tells me to take my mask off or ill be arrested. I told him I'm driving a bike, I need to have my mask on, then I drove off. I circle back to the scene and see one officer (Kevin Shard) running towards me, once he got close to me, he mumbled something, then as I drove off, he tazes me and I get knocked off my bike. He then says "Failure to Comply" - The question is, comply to what? Why did I get tazed in the first place when I was just driving around and no officer had any right to arrest me or do anything, as I didn't even have unpaid tickets on me. Then Captain Steel comes to me and say "Felony Evasion" and then he called a unit to transport me to DOC. I got charged with Felony Evading when I didn't even commit the crime. I got charged with possession of an illegal firearm because there was a gun in my bike that I had no clue that it was there in the first place, as well as illegal modifications. The reason behind charging me with the gun charge was invalid as all of that shouldn't have happened in the first place. Their reasoning behind the arrest was INVALID. I was not given any lawful demands by the officers that would make this situation valid in the slightest.
As I felt this situation was unfair, I decided to file an IA report against Steel and Shard. The IA report was concluded yesterday and was denied. I will attach it here in the appeal. Saying "the alleged act(s) did occur but were fully justified, lawful, and proper." is just absurd. They are trying to justify the officer's misconduct and sticking facts on me that didn't even happen.
Additionally, they are saying that I was impeding traffic. This is simply not true. I parked my bike behind a cruiser that was parked on the sidewalk. How did I impede traffic if I was literally parked behind a cruiser that you had parked there? If anything, the officer who parked the cruiser there should be arrested for impeding traffic, if that's really their approach to how they see the situation.
Moreover, they're saying that I failed to identify myself when I approached the group. I simply don't have to, as you don't have a lawful reason to ask me for identification. I didn't commit any form of crime that would warrant this.
Lastly, til this point in time, I still don't understand why I was charged with Felony Evading, and other charges that shouldn't have been placed on me in the first place as this arrest was based on obvious misconduct that the Police Department deems valid. At NO POINT IN TIME I felony evaded nor was being pursued by officers. It's pretty obvious in their response that they completely disregarded the Felony Evading charge. Along with the absence of acknowledging what charges I'm trying to appeal, they came up with more invalid reasons to make my arrest look "valid".
Internal Affairs Report:
I, Harvey Keller, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. ((I affirm that all information submitted has been obtained via In-Character means.))
Charge(s) Being Appealed:Felony Evading | Possession of Illegal Firearms/Weapons | Possession of Illegal Modifications |
Narrative:
A lot of detective units were at the Hotel on Eclipse Blvd where my friends usually hang out. I approached the scene on my bike and saw officers taking pictures with my friends, everyone was chilling. Then one officer tells me to take my mask off or ill be arrested. I told him I'm driving a bike, I need to have my mask on, then I drove off. I circle back to the scene and see one officer (Kevin Shard) running towards me, once he got close to me, he mumbled something, then as I drove off, he tazes me and I get knocked off my bike. He then says "Failure to Comply" - The question is, comply to what? Why did I get tazed in the first place when I was just driving around and no officer had any right to arrest me or do anything, as I didn't even have unpaid tickets on me. Then Captain Steel comes to me and say "Felony Evasion" and then he called a unit to transport me to DOC. I got charged with Felony Evading when I didn't even commit the crime. I got charged with possession of an illegal firearm because there was a gun in my bike that I had no clue that it was there in the first place, as well as illegal modifications. The reason behind charging me with the gun charge was invalid as all of that shouldn't have happened in the first place. Their reasoning behind the arrest was INVALID. I was not given any lawful demands by the officers that would make this situation valid in the slightest.
As I felt this situation was unfair, I decided to file an IA report against Steel and Shard. The IA report was concluded yesterday and was denied. I will attach it here in the appeal. Saying "the alleged act(s) did occur but were fully justified, lawful, and proper." is just absurd. They are trying to justify the officer's misconduct and sticking facts on me that didn't even happen.
Additionally, they are saying that I was impeding traffic. This is simply not true. I parked my bike behind a cruiser that was parked on the sidewalk. How did I impede traffic if I was literally parked behind a cruiser that you had parked there? If anything, the officer who parked the cruiser there should be arrested for impeding traffic, if that's really their approach to how they see the situation.
Moreover, they're saying that I failed to identify myself when I approached the group. I simply don't have to, as you don't have a lawful reason to ask me for identification. I didn't commit any form of crime that would warrant this.
Lastly, til this point in time, I still don't understand why I was charged with Felony Evading, and other charges that shouldn't have been placed on me in the first place as this arrest was based on obvious misconduct that the Police Department deems valid. At NO POINT IN TIME I felony evaded nor was being pursued by officers. It's pretty obvious in their response that they completely disregarded the Felony Evading charge. Along with the absence of acknowledging what charges I'm trying to appeal, they came up with more invalid reasons to make my arrest look "valid".
Internal Affairs Report:
Phillipe Sanchez wrote: ↑Thu Feb 10, 2022 4:56 pm
-
Office of the Chief of Police
INTERNAL AFFAIRS GROUPCASE DETAILS
- Response Dated: 09/FEB/2022
Case Identifier: #97801
Case Disposition: Exonerated
Internal Investigators:
- Deputy Chief of Police Phillipe Sanchez - Commanding Officer, Internal Affairs Group
- Captain Steve Smyth - Internal Investigator
CASE RESPONSE
- Dear Mr Harvey Keller,
We are contacting you about an Internal Affairs report you submitted on 01/FEB/2022. The report is hereby concluded.
First and foremost, we would like to thank you for taking the time to submit a formal employee complaint with the Los Santos Police Department Internal Affairs Group. Following a preliminary review of the formal complaint, an investigation was opened into the allegations that were made in the initial formal complaint. We have now reached the stage in the investigation where we believe the investigation to be complete.
Following the investigation into the allegations made in the initial written complaint, the Internal Affairs Group will be concluding this particular case with the disposition of exonerated, meaning that the alleged act(s) did occur but were fully justified, lawful, and proper.
Upon questioning of the officers involved, we have found the below to have been the rough chain of events which lead to your arrest.
At this time, while we appreciate your report, the claims seem completely unfounded and lack enough detail for us to assume your innocence. I would remind you that potential abuse of the internal affairs system would not be taken lightly by the department if repeated, but also would say that, if you still feel this response is incorrect, and you have more evidence to back your claims, such as body camera footage, then please feel free to appeal with that footage.
- You pulled up on your motorbike to a scene next to the hotel, which involved members of a criminal organization to which our investigations deem you to be a part of.
- You were impeding traffic on the bike and were asked to move along by an officer, to which you replied with language which one could deem not very mature.
- You then refused to identify when asked, and proceeded to drive away.
- You circled around and began operating the motor vehicle on the sidewalk, at which point, the officers decided to place you under arrest.
- You were approached and asked to get off your bike, and subsequently tazed as you attempted to accelerate away from the scene once again.
If you are unsatisfied with our response, you are entitled to appeal the result of a case to the Chief of Police.
- Sincerely,
Captain Steve Smyth
Internal Investigator, Internal Affairs Group
Los Santos Police Department
Deputy Chief of Police Phillipe Sanchez
Commanding Officer, Internal Affairs Group
Los Santos Police Department
I, Harvey Keller, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. ((I affirm that all information submitted has been obtained via In-Character means.))
