TO: LAKE COUNTY PROSECUTORS OFFICE

CC: SPECIAL AGENT SUPERVISOR MARK KOLLAR

FROM: SPECIAL AGENT CORY MOMCHILOV
DATE: 2/16/2017
SUBJECT: FRANK SANDOR: OFFICER-INVOLVED SHOOTING
BCI CASE #: 2016-1299

Investigative Request:
On October 19, 2016, the Willoughby Police Department requested the assistance of the Ohio
Bureau of Criminal Investigation to investigate a shooting involving a Willoughby police officer.
The shooting resulted in the death of Frank Sandor.

Details

Preface:

This report serves as a synopsis of the investigation into the October 19, 2016, Willoughby
Police Department officer-involved shooting, which resulted in the death of Frank Sandor. This
report only summarizes the information that was obtained through the investigation. Every fact
and detail is not presented in this summary report. Therefore, it is recommended that each
individual report from which this document is derived be read in order to obtain a complete
understanding of this investigation. Further, audio and/or video recordings exist for the majority
of the interviews conducted, revealing further details of statements given regarding the incident.

Overview:
On October 19, 2016, Lowes Loss Prevention Officer Brandon Kin observed on security
cameras that a male was at the return desk, returning items. According to Kin, the items that
were being returned were high theft items and Kin felt that it may have been a fraudulent return.
Kin back-tracked the individual who was returning items and observed that he had exited a green
vehicle. Kin recognized the vehicle as being involved in prior incidences involving individuals
making non-receipt returns to Lowes. Kin recognized the driver of the vehicle as Frank Sandor.
Kin stated he had a previous conversation with a Willoughby detective who advised Kin that
Sandor had active warrants.
Kin called the Willoughby Police Department and advised them that Sandor was in the Lowes
parking lot and that Sandor had active warrants for his arrest. was dispatched

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 1

 to Lowes. Willoughby police officer happened to be in the area of Lowes when
was dispatched, and responded.
was able to make contact with Kin and learned that Sandor was sitting in a vehicle in
the parking lot. then drove to the area of Sandors vehicle and parked his cruiser in
front of Sandors vehicle, blocking it. then made contact with Sandor.
was riding a police motorcycle when he arrived at Lowes. located
Sandors vehicle and positioned his motorcycle behind Sandors vehicle; was speaking
with Sandor at that time. It was reported that Sandor provided false information to
When asked Sandor to exit the vehicle, Sandor put the vehicle in reverse, ramming
motorcycle. Sandor backed into the aisleway of the parking lot. Sandors vehicle
came to a rest after he backed into the aisleway, causing to be on the drivers side area
of Sandors vehicle and on the passenger side. attempted to use his Taser
on Sandor through the open drivers side window. stated that Sandors vehicle
became inoperable and Sandor was attempting to restart the car. That fact was later corroborated
by an independent third party witness.
stated he observed reach through the drivers side window in an attempt
to subdue Sandor. with his gun drawn, went around the front of Sandors vehicle
to assist As was going around the front of Sandors vehicle, Sandor
accelerated his vehicle. fired a total of three shots at Sandor. Sandor continued to
flee the scene and eventually crashed his vehicle across the street in a parking lot. Sandor
sustained gunshot wounds and later died at the hospital.
Investigation
Brandon Kin - Lowes Loss Prevention

Brandon Kin is a Loss Prevention Officer with Lowes. Kin stated he was working and he
noticed on the security cameras that a male was at the return desk, returning items. Kin stated the
male was returning a bag of merchandise that included rough electrical items and face plates. Kin
stated as this individual was returning items, he back-tracked on the cameras to see if he could
tell where this individual had come from. Kin stated he wanted to see if this individual had a
vehicle or to see if the individual was with anyone else.

Kin was able to back-track where the individual came from and observed that the individual had
exited a vehicle. Kin explained that he was unable to get a good look at the vehicle through the
security cameras, so he decided to step outside to obtain a better look. Kin stated he was able to
get a better look at the vehicle and stated he recognized the vehicle from previous incidences.

S/A Momchilov asked Kin to elaborate on the previous incidences the vehicle was involved
with. Kin stated he has seen that vehicle "for a better part of a month" and on a least two or three
occasions, occupants of that vehicle had come into the Lowe's store to make returns without a
receipt. Kin described the vehicle as being a green Pontiac Grand Prix or Bonneville. Kin stated
that different Lowe's stores share photographs, and that vehicle had been spotted at other Lowe's

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 2

 stores "doing similar things." Kin stated he knew for a fact that the vehicle had been at the
Ashtabula store and the Mentor store.

S/A Momchilov asked Kin if he had ever seen the male who was driving the vehicle before. Kin
stated he had dealt with him a few times. Kin further explained that in the spring he dealt with
him on several occasions attempting to conceal merchandise while in the store. S/A Momchilov
asked Kin if he had ever confronted the individual when the individual was attempting to conceal
merchandise. Kin stated that on the occasions that he had dealt with him, Kin was following the
individual in an attempt to observe the individual concealing merchandise. Kin stated that on
every occasion, the individual realized he was being followed and either "dumped" the
merchandise without concealing it or he would take the items out of his pockets and place them
back on the shelf. Kin stated he never confronted the individual or had a conversation with the
individual.

Kin stated that "they" were able to associate the individual with non-receipt refunds at other
stores. S/A Momchilov stated, "So back in the spring, he was, him or somebody else was
returning items?" Kin stated the individual was driving with other individuals and would come
into the store as the other individuals would return merchandise. Kin stated that he was in a
different vehicle back in the spring.

S/A Momchilov asked Brandon if he was the one who called the police. Brandon confirmed that
he did call the police. S/A Momchilov asked Brandon how he knew the individuals name.
Brandon explained that back in the spring, the individual was arrested at the Mentor Lowe's.
Brandon further explained that he later saw a bulletin as a result of the arrest and the individual
was identified as Frank Sandor. S/A Momchilov asked Brandon how he knew that Sandor had
warrants. Brandon stated he had a previous conversation with a Willoughby detective who
advised Kin that Sandor had warrants.

Kin then contacted the Willoughby Police Department and advised that he believed that Frank
Sandor was currently in the Lowe's parking lot. Kin went back into the store and began to
monitor the security cameras to see if Sandor had come into the store. Kin made contact with the
officer who came into the loss prevention office of the Lowe's store. Kin stated that he had a
photograph of Sandor pulled up on his computer and he showed it to the officer. Kin stated to the
officer that a detective had told him that Sandor had warrants.

Kin explained that as he was speaking with the officer, the individual who had exited Sandor's
vehicle was still at the returns desk. Kin stated that the individual was refused the return, and as
the individual exited the store, the officer walked out behind him and the officer entered his
police cruiser.

Kin stated he observed the officer pull in front of the green Pontiac on security camera. Kin
stated he could observe the officer pull in front of the green Pontiac but the green Pontiac was
obscured by a tree and Kin could not observe what was going on.

Kin decided to walk out to the exit vestibule of the Lowe's store. Kin stated he observed the
officer speaking with the occupant of the vehicle. Shortly after, Kin observed an officer on a

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 3

 police motorcycle in the front apron area of the store. Kin stated that after the motorcycle drove
past the front of the store, Kin turned away to make a phone call to his supervisor to apprise her
of the events. Kin stated as he began to make the phone call, he heard two shots being fired.

Kin stated when he turned back around, he noticed that the Pontiac was gone and he observed a
police motorcycle on the ground. Kin then observed the police cruiser drive away.

S/A Momchilov asked Kin what conclusion he made as a result of observing the individual who
was returning items exiting Sandor's vehicle. Kin stated his assumption was that the individual
was returning items that Sandor had stolen from a different Lowe's store. Kin stated he had never
observed the individual who had attempted to return the merchandise before.

Radio Traffic

12:58:01

Dispatch: Willoughby 823.

823 23.

Dispatch: 23 I am still taking information, but received a call from Brandon loss prevention over
at Lowes. He is stating hes got a male inside the store who he is trying to track down, his name
is going to be Frank Sandor or Sanbor, I am trying to find him. He states hes got a warrant in the
pickup out of Lake County, per our detectives.

823 Copy Kirkland and 84.

807 7s out at Lowes.

Dispatch: Copy, I told Brandon to keep an eye out for an officer while he is trying to track down
this male.

807 Okay.

13:01:25

807 ( 7.

Dispatch: 7.

807 -inaudible- Frank Sandor, S-A-N-D-O-R, date of birth 11-7-77. I am not with him
yet.

Dispatch: I copy Frank, I copy the date of birth. Is it Sandor, S-A-N-D-O-R?

807 : D as in David.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 4

 Dispatch: 10-4.

13:02:17

Dispatch: 807 1-1-5.

807 Go ahead.

Dispatch: I have Frank Sandor, he will have, 510, 175, green and brown. Looking at two, Ill
have one through the sheriffs office and multiple through Rocky River.

13:02:47

807 Okay.

13:03:10

807 I am going to be out with him in the parking lot. Hes in a Bonneville, I think.

Dispatch: Copy, I do have a plate for that already, Copy youre out with him.

13:04:43

807 -Inaudible-

Dispatch: -Inaudible-

807 George Victor George 5-3-6-5 is the plate. This male states his social is 2-8-9-3-5-
2-3-7-8.

13:05:09

823 23 Lowes.

13:05:18

Dispatch: 23 I copy, 807.

807 Go ahead.

Dispatch: That social is going to be not in file.

13:05:44

807 Hes fleeing radio, just ran the motorcycle over.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 5

 Dispatch: 7, I copy, direction?

13:06:02

Unknown: Hes on Euclid Ave., hes heading east bound. He is across the street, he just hit a
vehicle, hes at Jersey Mikes.

Unknown: Shots fired.

13:06:34

Dispatch: 14 copy.

Unknown: -inaudible- in the area, where is he?

Unknown: Jersey Mikes area.

13:06:53

Unknown: -inaudible-

807 Send the squad.

Dispatch: Copy sending squad 1308.

13:07:19

807 Were in front of Jersey Mikes.

Dispatch: 10-4 they are being sent to Jersey Mikes.

13:07:36

Unknown: -Inaudible-.

807 Okay Radio, were going to need the detective bureau up here too.

803: Just copying all of that, two guys heading your way right now from South Mentor.

807 Okay, we have a scene over at Lowes, a crime scene there and we got one at
Jersey Mikes.

Unknown: Do you have the suspect, at this time.

807 Yeah, we got a squad coming for him.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 6

 Dispatch: 7 do you need more than one squad, for the vehicle he hit or for the motorcycle?

807 No, I think Shane is alright, we just need one squad for this suspect.

Dispatch: 10-4 its already in route.

13:08:43

803: 3 copies, we are going to be leaving South Mentor in a minute and heading to your location.

13:09:02

Unknown: -inaudible-

13:10:12

816: 16 radio.

Dispatch: 16.

816: -inaudible.

Darmontdesze Johnson

Darmontdesze Johnson lives at the City Mission, a homeless shelter located in Cleveland, Ohio.
On October 19, 2016, Johnson was introduced to a male who was later identified as Frank
Sandor. Sandor asked Johnson if he wanted to make a couple dollars, and asked Johnson if his
ID was alright.

Sandor drove Johnson to the Willoughby Lowes and was given a bag of merchandise. Sandor
instructed Johnson to go inside and return the merchandise. Sandor further instructed Johnson to
tell the employees at Lowes that he lost his receipt. Sandor offered to pay Johnson $5.00 to
complete this task.

Johnson did as he was instructed but stated that Lowe's would not take back the merchandise.
Johnson stated as he was exiting the store he observed a police officer. Johnson advised that he
thought to himself that the police officer was going to get him. Johnson stated the police officer
then stopped at the car that he rode in when he was driven to Lowe's. Johnson described the car
as being green. Johnson stated the police officer was in a police vehicle.

Johnson explained that he was going to hop back into the green car until he observed the police
officer near it. Johnson stated he started walking past the police officer's vehicle and the police
officer was talking to the driver of the green car. Johnson left the area.

Johnson stated that he walked by "an eatery" and started talking to a lady who was outside
eating. Johnson stated he then heard shots being fired and tires squealing. Johnson stated he did

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 7

 not see the shooting. Johnson stated that the individual who drove him to Lowe's never entered
the store.

On October 19, 2016, explained that he was working his patrol shift when he
overheard radio traffic that was dispatched to Lowe's. Lowe's had contacted the
Willoughby Police Department and advised that a male was inside the store who had outstanding
warrants through Lake County. happened to be on Euclid Avenue right in front of
Lowe's and he decided to respond. notified dispatch that he would be out at Lowe's.

S/A Momchilov asked what particular radio traffic he was advised of. stated
that dispatch stated that they were on the phone with Lowe's loss prevention and that there was a
male named Frank Sandor or Frank Sandburg inside the store, and that the male had warrants
through the Lake County Sheriff's Office.

entered the store and stated he thought that loss prevention was tracking this individual
through the store. explained that he did not want this individual to walk out of the
store, and he was unsure of where to go, so he stood at the front of the store for approximately
one minute. A Lowe's employee then directed to a front office. entered the
office and made contact with Lowe's Loss Prevention Officer Brandon (Brandon Kin).

Once in the office, noticed a bulletin board. On the bulletin board there was a printout
of a picture of Frank Sandor. Below the picture there was a name of Frank Sandor with Sandor's
date of birth. stated that Brandon advised him that Willoughby detectives had dropped
off the information regarding Sandor, stating that Sandor was a known thief that steals from
Lowe's and then attempts to return the merchandise. The detective also advised Brandon that
Sandor currently has active warrants through the Lake County Sheriff's Office.

Brandon also informed that Sandor had walked into the store with a black male just
prior to Brandon calling the Willoughby Police Department. was informed that the
black male was currently at the customer service desk, probably returning stolen merchandise;
however, the fact that the black male was returning stolen merchandise could not be proven and
that there was nothing could do with that individual.

was informed that Frank Sandor was currently in the parking lot inside what was
believed to be a Pontiac Bonneville. advised that the Lowe's security video was
currently pulled up observing the Pontiac, and stated that you could tell that an
individual was inside.

stated that he obtained Frank Sandor's information and radioed to dispatch that he was
not with the male yet. Dispatch confirmed to that Frank Sandor did have active
warrants through the Lake County Sheriff's Office and multiple warrants through Rocky River.

stated he then entered his cruiser and that the male inside the Pontiac was parked on
the north side of the parking lot near the exit near Euclid Avenue. stated he drove two

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 8

 aisles east of the Pontiac and drove past the Pontiac. then circled around and drove
down the aisle that the Pontiac was parked at. stated the Pontiac was facing east and
drove south down the parking lot and stopped right in front of the Pontiac.
stated he stopped his vehicle in front of the Pontiac so the Pontiac could not exit. However,
stated that there was no vehicle parked behind the Pontiac that would prevent him from
backing up.

stated he believed he radioed to dispatch that he would be out with the male and that
the male was inside a Pontiac Bonneville. stated he later learned that the actual vehicle
was a Pontiac Gran Prix not a Pontiac Bonneville.

stated he exited his vehicle and dispatch informed him that they had already had the
license plate. stated that there was one male inside the vehicle. explained that
the male inside the vehicle did not really look like the individual who was in the picture that
Lowe's loss prevention had shown him. stated he thought it may be possible that the
individual was not Frank Sandor; however, stated the individual was "acting real
nervous."

asked the individual what he was doing and the individual informed that he
was waiting for someone. stated the individual was "fidgeting" around the car and
felt that the individual "was up to something" and that he thought this individual was not
Frank Sandor.

stated he asked the individual for identification and the individual stated that he did not
have any. explained that at about this time, arrived and parked his
motorcycle behind the individual's vehicle on the west side. advised that he believed
that motorcycle was facing south to north. got off his motorcycle
and stood on the passenger side of the individual's vehicle.

stated the individual gave him a name; however, stated he could not
remember the name that the individual gave him but that it was not Frank Sandor. also
obtained a social security number from the individual and provided that social security
number to dispatch. was informed by dispatch that the social security number was not
on file.

asked the individual again for his social security number. explained the
individual then provided a completely different social security number that was not similar to the
first social security number that he provided. stated at this point he knew that the
individual was providing false information.

explained that he observed the black male who was previously inside the Lowe's store
walk past the car. stated he knew at that point that the black male was involved
because the black male was trying not to look at them.

asked the individual to step out of the vehicle. explained that as soon as he
asked the individual to step out of the vehicle, the individual put the vehicle in reverse and

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 9

 backed into motorcycle, knocking it down. stated that he and
were both yelling at the individual to stop. advised that the individual continued
backing up, pushing the motorcycle, and causing the motorcycle to grind against the pavement.
stated the individual was not backing up too fast because the motorcycle was
hampering the vehicle's progress.

explained that he could not really see what the individual was doing inside the vehicle
because he was now outside of line of sight, slightly. drew his firearm.
advised that was on the passenger side of the vehicle yelling commands.
ran to the driver's side door. pointed his firearm at the individual and yelled for
the individual to stop the vehicle. stated the individual was not looking at him, but
could see the individual's hands and that the individual did not have any weapons.
stated the individual was not listening to him. stated the individual was
attempting to back up and it appeared as if the individual was not going anywhere,
stated he felt that it was possible that the individual's vehicle was hung up on the motorcycle.

explained that he did not feel comfortable reaching into the vehicle with the vehicle
moving and that he was not going to shoot the individual with what he was currently observing.
put his gun back into his holster and pulled out his Taser. deployed his Taser
and stated at that point, the individual placed the car into drive and began moving forward.
stated he was unsure if his Taser hit the individual. stated the driver's side
window was rolled down.

explained that when he deployed his Taser and the car began moving forward, he was
unsure of where was. stated he then observed several rounds striking the
windshield of the vehicle and he realized that was firing at the vehicle.
stated when he observed the rounds striking the vehicle, the vehicle was moving forward.

believed he heard three rounds being fired and the car continued to move forward.
explained that the Taser wires somehow became wrapped around him. It was radioed to
dispatch that shots were fired and that the individual was fleeing. kept sight of the
vehicle and observed the vehicle crash into other vehicles in the parking lot of Jersey Mike's.

looked over to and noticed that he was limping. told

that the individual had hit him and observed limp over to his
motorcycle. entered his patrol vehicle and went over to the parking lot area of Jersey
Mike's to check on the individual inside the vehicle.

stated the individual inside the vehicle had his head back with his mouth open and it
appeared that he was breathing. explained that there was a citizen inside the vehicle
who was rendering aid to the individual. called for a squad to be dispatched and also
requested that the detective bureau be notified.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 10

 On October 19, 2016, received a call from dispatch stating that Brandon, the loss
prevention officer at Lowe's, called. Brandon advised that there was a person there that he
knows, the person has warrants for his arrest, and that Brandon was currently trying to locate that
person.

was responding from Kirtland Road. explained that radioed

that he would be at Lowe's. stated that there was some confusion over the spelling
of the name that Lowe's loss prevention was currently looking for. stated that
talked with the complainant and gave the name, the spelling, and the date of birth for the
individual. recalled the individual's name being spelled out as Sandor and it was
confirmed through dispatch. stated he did not remember ever dealing with an
individual with the name of Sandor.

As responded, he remembered hearing say over the radio that he was

checking the area for the individual. stated he did not know if was inside
the building checking or if he was in the parking lot checking.

As continued to respond, stated that stated over the radio

that he was out with the individual and that the individual was in a vehicle. stated
that dispatch confirmed that they already had the license plate of the vehicle that was thought to
be associated with this individual.

stated when he arrived to the street that Lowe's was on, he notified dispatch that he
would be out at Lowe's. stated he entered the Lowe's parking lot from the south
near the garden center. stated he spotted vehicle on the other end of the
parking lot near Euclid Avenue and that he could see standing next to a vehicle.

As was approaching the area of could see that

had his vehicle in front of the vehicle that he was talking to, facing south towards Lowe's. The
other vehicle was facing west to east and it had pulled through a parking spot facing an aisleway.
There were also cars on both sides of the vehicle. decided to drive up the aisleway
behind where the vehicle was parked. stated when he was approximately 50 feet
from the vehicle, he shut off the motorcycle and rolled in behind the car within a few feet of the
vehicle.

stated that he then heard dispatch come back over the radio and advise that the
social security number that provided was not in file. placed his
motorcycle behind the vehicle and put the motorcycle on its kickstand. As was
getting off the motorcycle he heard state, "Why don't you shut off the car and step
out." stated he observed only one person in the vehicle, in the driver's seat. As
started approaching the back right corner of the vehicle, the individual in the
driver's seat looked back and put the vehicle in reverse. stated he stepped out of the
way and yelled, "stop"; the individual then backed into the motorcycle. The motorcycle was
knocked over and the driver of the vehicle continued backing up, pushing the motorcycle into the

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 11

 aisleway. further explained that the vehicle turning and backing up pushed the
motorcycle into the aisleway.

stated as the vehicle was backing up, got out of the way and yelled,
"stop, police, get out of the car." stated the vehicle went into the aisleway and
stopped. approached the passenger side of the vehicle. As was
approaching the passenger side of the vehicle, he stated that he pulled his firearm.

stated, "This guy's now in a vehicle, I got to get out of the way of it and now he is
hitting my vehicle. I am going straight to the top, got myself covered with my pistol just in case
it's needed. He is a wanted felon and I approach the passenger side."

advised that he pulled on the passenger side door handle and the door was locked.
stated that the passenger side windows (front and rear) were both rolled up.
stated that went around to the driver's side of the vehicle. explained
that the vehicle had either stalled, somehow shut off, or was in neutral. stated that
the driver of the vehicle was "fidgeting" with the shifter and trying to move the keys.
yelled, "get out of the car, get out of the car." stated that was on the
other side of the vehicle yelling, "get out of the car, get out of the car."

stated, "I see reach in through the window and grab at the guy
while the guy is trying to move, trying to get the ignition to work, or the shifter in gear or
something. So I realize the car is not moving, is trying to get this guy out of the
car, I can't do anything on this side. So I start around the front of the car still trained on him with
my pistol just because he is fumbling around, this guy's gone crazy, he just ran over my
motorcycle, he is desperate to obviously get away, not get arrested. The car was disabled in my
mind, I went around the front of the car, I am still trained on this guy. As I come around the
corner, I am crossing, across the front of the car, all of a sudden, engine revs, tires squeal and the
car lurches forward."

At this point in the interview, became emotionally upset and stated, "I was afraid
this guy was going to run me over and kill me, as soon as those tires squealed and it hit my leg I
pulled the trigger. I could see my bullet come out and hit the windshield right in front of his face,
I wanted to shut him off, this guy is going to run me over and kill me and it didn't immediately
shut him off, so I pulled the trigger a second time as I am trying to get out of the way. Pulled the
trigger a third time and then I realize the car is past me, stay trained on the car and it took off.
Okay, I am out of harms way now, we called it out on the radio. I see it go through the driveway
between Rite Aid, McDonald's, people in cars every, it's one o'clock on a beautiful day and it
launches across the street, it just crashed out. So I run over to my motorcycle, stand it up, I am
going to jump on it and go over there and make sure this guy is stopped, arrest him, give him
first aid, you know whatever and I went to kick the kickstand and I realized it was facing
forward, floorboard is smashed up and I am like I can't ride this. I set the motorcycle back down
and just like what do I do now, I can't run in these boots, I just got hit, my leg is throbbing. I ah,
well, scene security now I guess, stopped witnesses, keep cars from coming through here, there
is evidence and everything so that is just the mode I went in to. I saw a car coming up and I am

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 12

 instant. I wanted to shut this guy off because he is currently, you know, giving, flooring the
acceleration and trying to run me over to get away."

Later in the interview, stated he shot the three rounds as fast and accurately as he
could. stated as soon as he realized the car was past him and the threat was over, he
quit firing.

stated he stayed at the Lowe's scene and did not go over to the area where the
vehicle crashed.

stated that the vehicle struck his left leg and he went to the hospital afterwards for
treatment. stated he was diagnosed with a contusion, bruise, scrapes on his thigh,
and a sprained knee. stated the injuries were from when he was in front of the
vehicle and the vehicle struck him.

S/A Momchilov asked if he was fearful for anyone else's safety at the time of the
shooting. stated that the "place was jammed" but his main concern was to "shut off"
the driver of the vehicle because the driver was trying to run him over. stated it was
not his priority to shoot the driver so the driver would not possibly hurt other people; his priority
was to stop the driver because the driver was trying to run him over.

S/A Momchilov asked if he has seen the cellular phone video of the incident that a
pedestrian took and posted to YouTube. stated he has seen that video.

S/A Momchilov asked if he had ever dealt with Frank Sandor before.
stated he could not remember any instances where he had dealt with Frank Sandor in the past.

S/A Moran asked if he could explain the speed of the vehicle as it was backing up.
stated that the vehicle "slammed" on the gas as it struck the motorcycle.
further explained that the motorcycle stayed up for a few feet before falling over.
stated his motorcycle is a Harley Davidson Road King with a 88 cubic inch motor.

Brandon Richards

Richards stated that on the day of the shooting, at approximately 1:00 PM, he was going to
Lowes. He observed officers interacting with a person in a vehicle. Richards stopped a couple of
parking spaces away to observe. He watched as the subject put his vehicle in reverse and punch
it, hitting the police motorcycle. At this time, Richards began recording the incident. Richards
stated that the officers were running around the car. One of the officers went in front of the car.
He said that this officer he kinda jumped in front of the car right before he started shooting.
Richards stated that a Taser was deployed and then an officer fired two or three shots. Richards
stated that he took one video and did not take any still images or audio recordings.

S/A Lieber asked Richards if he went across the street where the subject vehicle crashed.
Richards stated, actually, I like when they had the crime scene tape up and everything I kinda

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 15

 just drove kinda past for a second but I didnt, you know, I was just they already removed the
suspect.

Richards stated that at the time of the shooting two police officers were present. One of the
officers was a motorcycle officer and the other was driving a car. Richards did not remember
what the subject vehicle looked like and he did not see the subject, so he was unable to provide a
description.

Richards posted the video that he captured on youtube and also commented on the video.

Video analysis

There were several videos obtained that captured portions of this incident. The cellular phone
video obtained by Brandon Richards as well as two camera angles from the Lowes security
video. All obtained video was sent to the Ohio Organized Crime Investigations Commission for
enhancement.

See Investigative reports titled OCIC Video Enhancement and Lowes security video for a
complete and accurate analysis of the obtained videos.

The Lowes security video captures Sandor backing his vehicle in motorcycle as
is approaching Sandors vehicle.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 16

 Lowes Employee-Tessa Mcginness
Mcginness was outside in the parking lot during the incident. Mcginness advised that the driver
of the vehicle was unable to start his vehicle after it backed into the police motorcycle.
S/A Momchilov asked Mcginness how she knew the car wouldn't start. Mcginness stated she
could hear the car attempting to be start. Mcginness stated she believed the driver attempted to
start the car three times before it eventually started.
Crime Scene
Scene 1

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 19

 SAs Winterich and Butler photographed and collected his Taser X-26, s/n: X00-
400656 (item #9) and photographed, documented, and collected evidence from scene #1 (figure
#1). Lt. Shultz pointed out the location where the suspect vehicle was originally located and
where the marked police vehicle was located as it was no longer in its original location. The
police motorcycle unit had not been moved (figure #2).

The Lowes Home Improvement store faces a northerly direction. The police motorcycle was
located at the northern end of the parking lot and was lying on the ground, facing a southeast
direction (figure #2). There were scratch marks and minor damage located on the motorcycle.
The motorcycle was photographed as it was found and mapped in with the 3D scanner. It was
then released to Willoughby Police Department (figure #3).

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 20

 The area was searched for evidence. Three fired cartridge cases were located within the area of
the parking lot surrounding the location of the police motorcycle. Yellow cones were placed over
their location prior to the arrival of SA Butler. One was located to the rear of the motorcycle
(item #4, figure #4), one was further to the northwest (item #1, figure #4) and one was west of
the motorcycle (item #2, figure #4). All three were .40 caliber cartridge cases. Orange cones
were placed in the parking lot to mark Taser evidence prior to SA Butlers arrival. One Taser
blast door and Taser AFIDS were located in the parking lot in the area where the suspect vehicle
was pointed out as being originally located (items #3 & 8, figure #4). The landscaping bed
immediately to the north of that location contained one Taser cartridge and two Taser darts with
wire attached (items #5-7, figure #5). All of the items were photographed as they were found,
documented, and collected as evidence.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 21

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 22
 Scene 2
The car came to rest in the parking lot of a strip plaza. A driveway off Euclid Avenue to the
north led into a parking lot, and the businesses were located on the north side of the parking lot.
The parking lot was separated from Euclid Avenue by a mulched landscaping bed, followed by a
curb, and then a sidewalk. There was a downward grade from the roadway to the parking lot. S/A
Soroka observed damage to the curb near the sidewalk in front of the vehicles involved and what
appeared to be tire scuff marks on the curb leading into the parking lot. There was little
disturbance in the mulch of the landscaped bed. A 2014 blue, Chevy Cruze, bearing Ohio license
plate GFH 6242, was facing to the south and was parked in a parking space that was adjacent to
the entrance of the plaza. An empty parking space separated the Cruze from a 2014 white, Ford
F-450 AT&T Utility truck, bearing Ohio license plate PIM 8889, which was parked facing north.
The vehicle the subject was driving came to a rest with its front, passenger side fender against
the driver front tire of the utility truck and the driver side rear quarter panel near the driver side
rear quarter panel of the Cruze. The Cruze had damage to the driver side of the hood, but did not
appear to have damage anywhere else. The utility truck had damage starting behind the driver
side of the cab on the utility bed, which continued through to the driver front tire.

The vehicle the subject was driving was a 2006 dark green, Pontiac Grand Prix, bearing Ohio
license plate GVG 5365. The driver door window was down and the driver door was open in an
unnatural position. The driver side rear passenger door was also open. The window was up and
appeared to have window tint that was peeling from the window. A reddish brown stain,
consistent with blood, was observed on the exterior of the door. The front passenger door was
open and the window was up. The passenger side rear door was closed and the window was up.
The driver front fender had damage and what appeared to be white paint transfer. The front
passenger side of the vehicle was resting against the utility truck and had heavy damage. S/A
Soroka observed a suspected bullet impact near the driver side A pillar. The plastic molding on

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 23

 the interior of the vehicle covering the driver side A pillar appeared to be dislodged. S/A
Soroka also observed a suspected bullet impact that perforated the windshield in the area of the
front driver seat. The laminated glass of the windshield was pushed toward the interior of the car
from the bullet impact.
S/A Soroka photographed the interior of the vehicle as it was found. There were several reddish,
brown stains, consistent with blood, in the front passenger compartment, to include the driver
seat, steering wheel, dashboard, windshield, and center console. On the driver floorboard, S/A
Soroka observed a jacket from a bullet and two, small, green pieces of suspected plastic that
were consistent with a Taser blast door. The bullet jacket was marked as item #11, photographed,
and collected. After the jacket was photographed in place, S/A Soroka incorrectly took a close-
up photograph with the bullet jacket next to placard #12. S/A Soroka placed the correct placard
in place, which was placard #11, and photographed the jacket again. Also on the driver
floorboard was a tire iron and a pry bar. On the center console near the gear shifter, another
small, green piece of suspected plastic that was consistent with a Taser blast door was observed.
The three pieces of green plastic were collectively identified as item #12, photographed, and
collected. Near the front passenger floorboard, S/A Soroka observed a bullet without a jacket
lying where the front passenger seat was bolted to the floorboard. The bullet was marked as item
#13, photographed, and collected. A cellphone was also observed on the front passenger
floorboard. S/A Erica Moore removed the cell phone to try and find information to assist in
identifying the subject and also to find a contact number of the next of kin to notify them of the
subjects condition. S/A Moore had S/A Soroka take several photographs of the cell phone
screen. The cell phone was then placed back into the vehicle. On the rear seat, S/A Soroka
observed a defect in the upholstery near the middle of the backrest.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 24

 Taser analysis

Computer Forensic Specialist Jarrod Scott conducted the analysis on the Taser and concluded
that on 10/19/2016, at 13:16:17 UTC, a trigger pull and 3 second cycle was recorded. The Taser
Conducted Electrical Weapon was in proper working order at the time of examination.

Specialist Scott noted in his report that during a download, the CEW clock is automatically
updated to the date and time from the computer that it is connected. At the time of the first
download, the CEW time was 10 minutes faster than the time of the computer that it was
connected to (the setting is enabled to automatically adjust the computers time to remain
accurate). The Taser CEW time was changed from 15:55:47 UTC to 15:45:51 UTC.

On December 7, 2016, S/A Momchilov made contact with Specialist Scott. Specialist Scott
confirmed that the Taser time recorded on 10/19/2016 at 13:16:17 UTC was approximately 10
minutes fast and the actual time the trigger pull and 3 second cycle was recorded was at
approximately 13:06:13 UTC.

Frank Sandors recovered cellular telephone

S/A Momchilov reviewed the text messages that were recovered from the phone. The text
messages reveal that Sandor was engaging in drug use, retail theft, burglary, and that he was
trying to "unload this car," presumably the stolen car he was driving at the time of the shooting.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 25

 Approximately one hour prior to the shooting, Sandor sent a message to "John Mission" stating
"You want to refer a friend? Make that money like we talked about? I'm coming through in 5
minutes if you know anybody"

Sandor's web history also shows that he visited the following web sites:

Top 10 Ways to Steal a Car (and how to defend against them) Edmunds.com

Car Theft - Learn The Secrets How Professional Car Thieves Steal Cars

Top Five Tools of Car Thieves

Armed Robbery Homicide Wendy's, fast food restaurant, security consultant, Chris McGoey,
armed robbery, fast food security expert

Convenience Store Security, security consultant, Chris McGoey, convenience store security
expert

Police secretly track cellphones to solve routine crimes

Bank robbery - Wikipedia

Robbery Facts, security consultant, Chris McGoey, robbery expert

crime statistics top ways robbery solved - Google Search

North Olmsted high speed chase - Google Search

sell my unused baby formula in Cleveland Ohio - Google Search

Frank Sandors Criminal Activity

At the time of the shooting, Frank Sandor was driving a stolen 2006 Pontiac Grand Prix. That
vehicle was stolen from Brunswick on August 8, 2016. The stolen 2006 Pontiac Grand Prix also
had a fictitious license plate, GVG5365, on it belonging to a 2002 Pontiac. Sandor also had
warrants out for his arrest at the time of the shooting.

A subsequent search of the stolen vehicle after the shooting revealed that Sandor had 10 license
plates inside the vehicle. All of the license plates returned to Pontiac Grand Prix ranging in years
from 2000-2007.

The license plates that were recovered from the stolen 2006 Pontaic Grand Prix are as follows:

265XSS, GSB5083, FAF6520, FSB9245, GKU2020, GLU4830, GKT4028, FTT9471,

GDZ6209, FOB4646

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 26

 Investigators also located new clothing and unopened merchandise that is consistent with being
stolen. Receipts from retail stores located in Cleveland, Elyria, University Heights, Youngstown,
Kent, and Brooklyn were also located in the vehicle.

Based upon the items located in the vehicle, Sandor's behavior prior to the shooting and the
multiple license plates located inside the vehicle, it is believed that Sandor was engaging in
organized retail thefts all over northeast Ohio.

In addition to the stolen merchandise and license plates, Agents recovered drug paraphernalia
consisting of syringes, alcohol swabs, and a scale. The recovered paraphernalia is consistent with
Heroin use.

October 13, 2016

North Olmsted Police

Officer Ventrice asked the white male driver for his identification and the driver stated he did not
have his identification on him, but provided a social security number. The driver stated that his
name was, "Fraaank" and that his father owned the car.

Officer Ventrice started walking back to his cruiser, at which point the stopped motor vehicle
fled from the traffic stop.

Officer Ventrice later ran that social security number through LEADS and learned that it
returned to a 62 year old female out of Kettering, Ohio.

Officer Ventrice notified dispatch that the vehicle had fled the traffic stop. Officer Ventrice
began following the vehicle without his emergency lights activated. Officer Ventrice then
spotted the vehicle on Dover Road and the vehicle was travelling at a safe speed along with the
flow of traffic. Officer Ventrice then activated his emergency lights and the vehicle took off at a
high rate of speed driving down the center line in heavy traffic. Officer Ventrice then de-
activated his lights.

Shortly after, Officer Ventrice heard radio traffic that the driver fled from Westlake and hit
skipped a vehicle. Officer Ventrice then heard that the same driver fled from Bay Village and
Rocky River.

On October 19, 2016, Officer Ventrice saw that Willoughby Police attempted to arrest a white
male in the parking lot of Lowe's in Willoughby who was a known shoplifter and had multiple
outstanding warrants and was eventually shot by Willoughby Police. Officer Ventrice noted that
the male driver who was shot by Willoughby Police was driving the same make, model, and
color vehicle that had fled from Officer Ventrice on October 13, 2016.

On October 20, 2016, Officer Ventrice made contact with Raymond Zwolenik. Zwolenik
confirmed that the individual who fled from the traffic stop on October 13, 2016, was Frank
Sandor.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 27

 The license plate that was on the vehicle Sandor was driving on October 13, 2016, was
GKT4028. Ohio BCI agents located license plate GKT4028 inside the vehicle that Frank Sandor
was driving on October 19, 2016 at the time of the shooting.

September 24, 2016

Brooklyn Police

On September 24, 2016, Brooklyn police officers were dispatched to the area of Marc's, 7539
Northcliff Ave., Brooklyn, Ohio, in reference to a male trying to remove validation stickers from
the license plates of two vehicles.

The male then entered the Marc's store. Marc's manager Peter Bircher began to watch the male.
Bircher observed the male select several items and conceal the items on his person. The male
then exited the store without paying for the items. Officers made contact with the male. During
the encounter with the male, a packaged flatbread chicken sandwich fell from his waistband.

Officers also located a knit hat, a Snapple iced tea, and two Prestone brake fluids, concealed on
his person. The male was placed under arrest. The male then stated he was epileptic and then
began to pass out and convulse.

The male did not identify himself prior to his arrest, but officers did locate an Ohio ID card with
the name of Scott Ray Simpson. However, the BMV image on the ID did not match the
individual who was currently in custody.

At the hospital, the male provided a fake name. Officers were eventually able to identify the
male as Frank Sandor. Sandor had several active warrants for his arrest.

Sandor was diagnosed with drug related withdrawal symptoms. Sandor was transported to the
Brooklyn police station. Sandor did eventually admit that he was aware of the active warrants
and was attempting to avoid apprehension on those warrants by providing a false name.

August 20, 2016

Poland Police

Officer Michael Koenig of the Poland Police Department observed a bluish gray vehicle
eastbound on US 224 with no front license plate. Officer Koenig performed a LEADS inquiry on
the vehicle's license plate number and learned that the vehicle returned on a bronze colored
vehicle. A traffic stop was initiated. The driver of the vehicle was later identified as Frank
Sandor (DOB 11/07/1977); two other passengers were inside the vehicle at the time of the stop.

During the traffic stop, Sandor accelerated at a high rate of speed, fleeing the traffic stop. Officer
Koenig pursued and during the pursuit, the passengers fled the vehicle. Officer Koenig caught
the passengers but was unable to catch Sandor.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 28

 After questioning the passengers, the passengers stated that the driver of the vehicle (Sandor)
came to the Mission Rescue in Cleveland and picked them up, asking if they wanted to go for a
ride to Youngstown

May 3, 2016

Mentor Police

On May 3, 2016, Officer Bruening and Officer Butler were working a plain clothes Retail Theft
Detail in an unmarked car in the Lowe's Parking lot, 9600 Mentor Avenue.

Officers observed an individual, who was later identified as Anthony Robinson, walking from
the far northwest corner of the parking lot near the Dunkin' Donuts lot. Robinson was carrying a
Lowe's merchandise bag and entered the building at the returns counter. Officers were previously
informed by Lowe's Loss Prevention Officers that many shoplifters and fraudulent returns park
at the Dunkin' Donuts lot and walk across the lot to Lowe's. Officers found Robinson's activity to
be suspicious because there were available parking spots closer to the Lowe's building. Officer
Bruening went inside Lowe's to observe Robinson, while Officer Butler went over to Dunkin'
Donuts to look for a suspicious, occupied vehicle.

Officer Butler observed a female, who was later identified as Tamika Mason, exit the Dunkin'
Donuts without any beverage or food items. Mason entered the driver's seat of a green 2003
Chevy Blazer. Officer Butler continued to watch the vehicle. Officer Bruening advised him that
Anthony arrived in a green vehicle.

Officer Butler made contact with Mason, who was inside the vehicle. Officer Butler observed a
small baggie of Marijuana and a freshly rolled marijuana blunt in Mason's lap. Officer Butler
also smelled an odor of raw marijuana coming from the vehicle. Mason was taken into custody.
Officers checked Mason's identification card and noted that the driver's license number on her
identification appeared to be altered. Driver's licenses are required to make non-receipt returns at
Lowe's. Individuals who engage in fraudulent returns will often alter their driver's license
number in an attempt to not be flagged by the store's system. Mason also had outstanding
warrants for her arrest.

As Officer Butler was dealing with Mason, he observed a white male exit Dunkin' Donuts and
look directly at him. The male then turned around and went back into Dunkin' Donuts and
immediately went into the bathroom. Officer Butler asked Mason who the male was and she
replied "Frank."

Officer Bruening arrived on scene with Robinson in handcuffs. Robinson attempted to return
$166.69 in Lowe's merchandise that he admitted was stolen. It was later learned that Robinson
also altered his Ohio Identification card.

Officers entered Dunkin' Donuts and located the white male, who was identified as Frank
Sandor. Sandor had outstanding warrants through Rocky River Police. Officers checked the

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 29

 bathroom and located two used hypodermic needles and a bloody napkin in the trash container.
Sandor admitted to officers that he was an avid heroin user.

Officers searched the vehicle and located an empty Smith & Wesson magazine and 13 loose
9mm rounds in the center console. Officers then located an unloaded Smith & Wesson handgun
concealed in the side panel of the rear left passenger seat.

Mason was later interviewed in the jail. Mason admitted that for that past couple weeks she has
been driving Frank Sandor around. Sandor had been paying Mason about $100.00 a day for her
to do returns at area Lowe's stores. Mason stated she would pick up Sandor at his home in
Cleveland where he would have the bags of stolen merchandise.

January 26, 2015

Rocky River Police

On January 26, 2015, Officer Asbury and Officer Hamaoui made contact with a Dodge Intrepid
with Ohio Registration GIA4047 parked at a the Sunoco gas station located at 20960 Center
Ridge Road.

The driver of the vehicle was later identified as Frank Sandor who had a suspended driver's
license. The other occupants were identified as Michael Joseph Jarem and Daniel Pickens.

Sandor was placed under arrest for driving under a license suspension. A search incident to
arreste revealed two syringes in Sandor's left inner jacket pocket.

During a vehicle inventory, officers located a large amount of plumbing fittings with a receipt
from Lowe's indicating that a return of the items was attempted but denied due to the items being
returned not having a proper receipt for their purchase.

Further processing of the plumbing fixtures located in the vehicle revealed:

(3) Brass Plumbing Fixture Item #314699 $29.52
(1) Brass Plumbing Fixture Item #379132 $3.87
(3) Brass Plumbing Fixture Item #314732 $69.36
(3) Brass Plumbing Fixture Item #314717 $60.48
(3) Brass Plumbing Fixture Item #314689 $37.92
(5) Brass Plumbing Fixture Item #274380 $57.45
(3) Brass Plumbing Fixture Item #314738 $32.85
(2) Brass Plumbing Fixture Item #314729 $19.44
(3) Brass Plumbing Fixture Item #314736 $38.04

Total: $348.93 before tax

It was determined that all of these items originated from Lowe's while the following items were
revealed to have originated from Home Depot:

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 30

 (1) Brass Pipe Nipple Item #042805447161 $20.94
(1) Brass Water Meter Adapter Item #042805447161 $29.10

Total: $50.04 before tax

Frank Sandor was also arrested on June 26, 2015 and May 13, 2016 for outstanding warrants.

Mason also stated that Sandor called Robinson, and they picked Robinson up in Cleveland.
Robinson was also getting paid by Sandor to return merchandise.

December 28, 2014

Rocky River Police

Officer Rusinko was patrolling the parking lot of Lowe's and observed a Dodge Intrepid in the
parking lot with Ohio Registration GIA4047. The vehicle left the parking lot and Officer
Rusinko eventually made a traffic stop on that vehicle. The driver was of the vehicle was
identified as Frank Sandor. The front seat passenger was identified as Carmen Echevarria and the
back seat passengers were identified as Marcus Echevarria and Daniel Pickens. Echevarria had
an active warrant and was placed under arrest. Echevarria complained of chest pain and was
eventually transported by Rocky River Fire to the hospital.

Sandor was found to be driving under suspension. A vehicle inventory was conducted and
numerous packs of brass fittings were located in and out of Lowe's bags. There were also
numerous receipts from December 15th through current, all over the vehicle. The receipts were
all returns and purchases, which matched the packages currently in the vehicle.

In the two months prior to the shooting, Sandor fled from two different traffic stops in two
different jurisdictions. It is believed at the time of both incidences Sandor was driving the stolen
2006 Pontiac Grand Prix.

The two police reports from Rocky River Police and police report from Mentor indicate that
Sandor did engage in organized retail theft, targeting different Lowes stores. This information
was further corroborated by Lowes Loss Prevention Officer Brandon Kin. Kin stated that he had
dealt with Sandor on several occasions when Sandor attempted to conceal merchandise while in
the store. Kin also stated that they were able to associate Sandor with other non-receipt refunds
at other Lowes locations.

The information obtained also indicates that Sandor would target homeless individuals from the
Mission (homeless shelter) in Cleveland, offering them minimal amounts of money to return
stolen merchandise.

Force Science

was dispatched to a person with a warrant in the parking lot of Lowes. When
arrived, he located speaking with an individual who was located inside a

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 31

 parked vehicle; the individual was later identified as Frank Sandor. stated that
had his patrol vehicle parked in front of Sandors vehicle to prevent Sandor from pulling
forward. positioned his motorcycle behind Sandors vehicle to prevent him from
backing up.

When got off his motorcycle and began approaching the passenger side of Sandors
vehicle, Sandor backed his vehicle into motorcycle. Sandor continued to back his
vehicle into the aisleway, causing motorcycle to be pushed into the aisle.

Sandors behavior seems to indicate that he was attempting to flee officers who were lawfully
performing their duties. Once Sandors vehicle reached the aisleway, his vehicle became
temporarily inoperable. positioned himself on the drivers side of Sandors vehicle
near the front drivers window. Because the way Sandors vehicle backed up, found
himself on the passenger side of the vehicle.

stated that he knew that Sandors vehicle was inoperable because Sandor was
attempting to re-start the car. An independent third party witness also stated that she heard the
driver attempting to re-start the car. stated that he observed reaching
inside the drivers side window attempting to subdue Sandor. This is what caused
to go around the front of the vehicle in an attempt to assist in subduing Sandor.

As was making his way around the front of Sandors vehicle, Sandor was able to
start his car and then suddenly accelerated the vehicle, causing the tires to squeal.

Based upon the research and circumstances surrounding the shooting, it is highly probable that
decided to fire his weapon only after the tires squealed and the vehicle began
moving towards him. The video illustrates that the vehicle was moving towards the path of
when he fired his first shot.
Sandors tires are heard squealing at 1;18 on the timer. first shot is fired at
2;00/2;01 on the timer. reaction time was approximately .40 of a second, well
within the Force Science researched officers reaction time.
In statement, he stated he was focused on the driver as he fired his second shot.
As fired his second shot, the video appears to depict that is no longer
in the path of the vehicle. However, in examining the facts and circumstances associated with the
shooting of second shot, it is entirely possible that thought that he
was still in the path of the oncoming vehicle.
stated he was focused on the driver of the vehicle, not the vehicle itself. As
is focused on the driver, his peripheral vision would pick up the vehicle moving towards
his general direction and he would possibly not realize that he was no longer in the vehicles
path. Other factors that should be considered are the audible noise associated with the squealing
tires and the fact that Sandors vehicle actually struck the leg of These factors
could make perceive that the vehicle is still an immediate threat. Another factor to
consider is the angle in which Sandor is steering his vehicle. Prior to Sandor accelerating and

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 32

 squealing his tires, his front passenger side tire appears to be straight. As was
making his way around the front of the vehicle just prior to firing his first shot, it appears as if
Sandor turns the vehicle towards
third shot shows that the vehicle is past as he fires. The Force
Science Research documents that officers in high stress situations officers will oftentimes fire
additional shots after there is no longer a threat.
For most officers who perceive a threat and respond to that threat by shooting until the threat
stops, those officers (shooting and assessing) will still fire at least two rounds from a Glock or
similar short stroke weapon. This will occur not when the subject has changed their threatening
behavior, but after the officer begins to detect a change in the threatening behavior. This
distinction is important because the psychological processes of perception and detection often
take many times longer than the physical responses involved.
It took .26 seconds from the time of his second shot until his third shot.
The Force Science Research Center was able to determine the quickest an officer could stop
shooting in response to a simple change in external circumstance, when he or she was actively
engaged in the process of starting to shoot or actually shooting, until the threat stops is
approximately 35/100ths of a second, with most of the officers (68%) taking up to 6/10ths of a
second.
This would possibly explain why fired his third shot when he was no longer in the
path of the vehicle.
This shooting took place very quickly and sudden. From the time Sandors tires started squealing
until fired his last shot took approximately 1.06 seconds.
Autopsy
The autopsy report indicates that the cause of Sandors death is: Gunshot wounds of head and
left thorax, with soft tissue, skeletal, vascular, and visceral injuries.
Gunshot wound to head/neck: The bullet sequentially perforates the subcutaneous soft tissue of
the left cheek and temple region, the subcutaneous soft tissues inferior to the left ear and left
lateral neck, the muscles and subcutaneous soft tissues of the left posterior neck, and perforates
the skin of the left paramidline posterior neck.
Gunshot wound of left thorax: The bullet sequentially perforates the subcutaneous soft tissues
of the left lateral thorax, fractures the lateral left fifth and sixth ribs, lacerates the left upper lobe
of the lung, the pericardial sac, the interventricular septum and right ventricle of the heart,
fractures the xiphold process, and creates a path of hemorrhagic laceration through the
subcutaneous soft tissues of the anterior right thorax, coming to rest in the soft tissues of the
anterior right thorax, inferior and medial to the right nipple.
Sandors toxicology report indicates that Sandor had Fentanyl, 6-Acetylmorphine (the metabolite
of heroin), and morphine in his system.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 33

 Conclusion

The investigating agents attempted to collect as much evidence and information as possible that
would be pertinent to a trier of fact in making an assessment of the Fourth Amendment and its
objective reasonableness standard as it applies to this incident. In the United States Supreme
Court decision Graham v. Connor, it is stated that:

The reasonableness of a particular use of force must be judged from the perspective of a
reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The
calculus of reasonableness must embody allowance for the fact that police officers are
often forced to make split-second judgmentsin circumstances that are tense, uncertain
and rapidly evolvingabout the amount of force that is necessary in a particular
situation. The test of reasonableness is not capable of precise definition or mechanical
application.
In State of Ohio v. White, the Ohio Supreme Court has recognized that a police officer is justified
at common law to use reasonable force in the course and scope of his law enforcement duties. In
the White case, the Ohio Supreme Court notes State v. Smith, A Iowa Supreme Court case which
states:

An officer, in the performance of his duty as such, stands on an entirely different footing
from an individual. He is a minister of justice, and entitled to the peculiar of protection of
law. Without submission of his authority there is no security, and anarchy reigns
supreme. He must, of necessity, be the aggressor, and the law affords him special
protection.

In the White case, the Ohio Supreme Court also references Graham v. Conner:

The reasonableness of a particular use of force must be judged from the perspective of
a reasonable officer on the scene, rather than with 20/20 vision of hindsight. The calculus
of reasonableness must embody allowance for the fact that police officers are often
forced to make split-second judgmentsin circumstances that are tense, uncertain, and
rapidly evolvingabout the amount of force that is necessary in a particular situation.

The reasonableness of an officers use of force, the court explained, requires careful
attention to the facts and circumstances of each particular case, including the severity of
the crime at issue, whether the suspect poses an immediate threat to the safety of the
officers or others, and whether he is actively resisting arrest or attempting to evade arrest
by flight.

As approached the passenger side of Sandors vehicle, Sandor aggressively backed

his vehicle into motorcycle. Sandor continued to back his vehicle into the
aisleway causing motorcycle to be pushed into the aisle.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 34

 This would lead a reasonable officer to conclude that Sandors behavior is a desperate attempt to
flee officers who were lawfully performing their duties and showing no regard for property or
public safety.

stated he went around the vehicle to assist after he observed

reach into the vehicle to subdue Sandor. However, stated that he never reached into the
vehicle. It is possible that mistook attempt to deploy his Taser through
the drivers side open window as reaching into the car.

stated that Sandors vehicle was inoperable and that Sandor attempted to restart his
vehicle. That fact is corroborated by an independent third party witness.

stated during his interview, So I realize the car is not moving, is

trying to get this guy out of the car, I can't do anything on this side. So I start around the front of
the car still trained on him with my pistol just because he is fumbling around, this guy's gone
crazy, he just ran over my motorcycle, he is desperate to obviously get away, not get arrested.
The car was disabled in my mind, I went around the front of the car, I am still trained on this
guy. As I come around the corner, I am crossing, across the front of the car, all of a sudden,
engine revs, tires squeal and the car lurches forward."

above statement is confirmed by the cellular phone video that captured the
incident. The video also confirms that is in the path of Sandors vehicle when
Sandor accelerates.

fired a total of three rounds at Sandor. stated, "I assume the first
round hit him in the head, but going through a windshield it's going to slow it down, you know. I
wanted to shut, I wanted to stop him. Immediately stop him and from all of my training if you
want to instantly shut someone off you have to hit him in the brain. You have to turn them off.
You hit them in the chest or whatever, that is slow, it's not instant. I wanted to shut this guy off
because he is currently, you know, giving, flooring the acceleration and trying to run me over to
get away.

stated he shot the three rounds as fast and accurately as he could.

stated as soon as he realized the car was past him and the threat was over he quit firing.

It should also be noted that Sandors vehicle did strike in the left leg.

Sandors previous criminal activity should also be considered. In the two months prior to the
shooting, Sandor fled from two different traffic stops in two different jurisdictions. It is believed
at the time of both incidences. Sandor was driving the stolen 2006 Pontiac Grand Prix.

It also appears that Sandor was engaging in organized retail theft. The information obtained also
indicates that Sandor would target homeless individuals from the Mission (homeless shelter) in
Cleveland, offering them minimal amounts of money to return stolen merchandise, to assist him
in facilitating the thefts.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 35

 Sandor also had an active warrant felony warrant for escape.

Sandors toxicology report indicates that Sandor had Fentanyl, 6-Acetylmorphine (the metabolite
of heroin), and morphine in his system. At least nine needles were recovered from Sandors
vehicle and two needles were removed from Sandors pocket after the shooting.

Sandors recovered cellular phone also indicated that he was involved in criminal activity.
Sandors web history indicated that he visited web sites containing information about stealing a
car, armed robberies, bank robberies, top ways robberies were solved, and convenience store
security.

BCI Prosecutor Summary (PROS-1) 2/17/2017 Page 36