Incident / Investigation Report

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5 Child Abuse Agency: SPD Arson Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 5 Added By: (1268) FELLOWS, D Notes / Narratives On 12/12/16 at approximately 0248 hours, I was on routine patrol in a fully-marked patrol vehicle in full SPD regulation uniform. I was traveling w/b on E Camelback Rd, approaching N Goldwater Bl. As I was approaching this intersection the light for w/b traffic was red. I merged from the #1 through lane into the left turn lane (w/b to s/b). As I merged into this lane, the light for w/b traffic turned to solid green. Also as I approached the intersection and now established myself in the left turn lane (w/b to s/b). I observed a black Cadillac Escalade bearing, stopped as the lead vehicle in this lane. The vehicle did not move forward to take the intersection when the light turned to solid green. At this time there was e/b traffic and initially I thought that the vehicle was not moving due to the e/b traffic, however, once the traffic cleared, the vehicle still did not move forward to take the intersection, or execute the left turn on solid green as it was safe to make the left turning movement. The light cycled to red for e/b and w/b traffic, and then the green arrow for the w/b to s/b left turn lane activated. Still the vehicle did not go, resulting in the vehicle sitting through an entire traffic cycle. I stayed behind the vehicle and waited for the next w/b solid green light cycle. When the solid green came again, the vehicle still did not go. It did not move forward, move to take the intersection, or move to make the left turn. It sat through the solid green and the green arrow cycles again. At this time I believed there was an issue with the driver. I exited my patrol vehicle and approached the driver`s side of the vehicle. It should be noted that the vehicles brake lights appeared to be illuminated during the entire time I observed the vehicle sitting through the light cycles. I approached the driver`s window and observed the driver - later identified by AZ photo DL a Michael Floyd, asleep behind the wheel. The engine was running and the driver`s foot was on the brake. At this time I called for another unit and we performed a front and rear block on the vehicle. Once the front and rear block were set and it was safe, I approached again. The driver`s foot was still on the brake. I could not see what gear the car was in, only that the engine was on. The driver`s eyes were closed, his head was back and his mouth was open. I knocked a first time and announced as "Scottsdale Police". The driver did not respond or move. I tried the driver`s door and it was locked. Ofc Burnett #1278 who was on the passenger side tried the passenger side door and it was locked as well. I knocked with my flashlight on the window a second time and still no response. I then pounded in the window with my fist and the driver finally woke up. The expression on his face was one of surprise and attempting to realize what was going on. I announced again as "Scottsdale Police" now that the driver was awake. I ordered the driver to put the car in park and turn off the vehicle. He did not follow these commands and pointed forward as if he was going to continue driving, despite Ofc Burnett`s patrol vehicle being in front. 12/12/ :45 Page 5

6 Child Abuse Agency: SPD Arson Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 6 Added By: (1268) FELLOWS, D Notes / Narratives I pounded on the window again and continued to order the driver to turn the car off. Instead the driver rolled down the window. I told him again to turn off the car and added that I wanted him to unlock his doors. The driver responded in a slurred/thick speech something to the effect of "I`m going to go" while moving his hands along the steering wheel and pointing ahead as if he was going to drive. Also when the window was rolled down, I could now smell the strong odor of an alcoholic beverage coming from the vehicle. In addition to the speech, I also noted the driver had watery/bloodshot eyes. I told the driver to leave his hands on the steering wheel, so I could look for the unlock button to open the door. The driver could not follow these basic instruction either, and I had to call for Ofc Bailey #1369 to come to my side of the car to assist. I continued to tell the driver to leave his hands on the steering wheel and to not move his hands by saying "do not move". I was eventually able to open the driver`s door, and we had the driver exit the vehicle. The driver was told to exit the vehicle several times, and he did not exit. I took control of his left arm initially while Ofc Bailey took control of his right. We escorted the driver from the vehicle and I told him to sit on the median curb. It should be noted that during this time the driver stumbled and swayed, both while standing and while later seated. I was advised by Ofc Burnett that when we removed the driver from the vehicle, the vehicle had rolled forward into his push bumpers. Please see his supplement for further information. Ofc Bailey also advised me that he had to push the start/stop button to turn off the engine, please see his supplement for further information. I told the driver to sit again and eventually he sat on the curb. Once he was on the curb, the driver asked me why "we`re (referring to SPD) acting like this". I asked the driver if he could think of a reason for why we were contacting him, and why we might be using the protective measures that we were. The driver replied that he did not know. I advised him that he sat through the two light cycles as described above. I asked the driver where he was coming from and initially he told me he was coming from his residence off of approximately N Scottsdale Rd/E Indian Bend Rd and going to the airport to pick up his nephew. I asked if he knew where he was and he replied that he thought he was on E Indian School Rd or E Thomas Rd. The driver knew he was in Scottsdale however. When asked where he was going he replied "the 143 and my nephew". I asked the driver what bar or club he might have been at. The driver responded that he was at the W Hotel E Camelback Rd. During my initial investigation, the driver did not necessarily answer the questions that I was asking him or repeated his answers, 12/12/ :45 Page 6

7 Child Abuse Arson Agency: SPD Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 7 Added By: (1268) FELLOWS, D Notes / Narratives even if it did not apply to the current question, please refer to the OBC video for further information. The following paragraphs are a synopsis of the initial contact. I asked the driver how much he had to drink. He initially told me he had "1 drink", later saying "2 drinks". He told me they were "house cabernet" and he had consumed the drinks between hours. He did not have anything to drink since 2000 hours, there were no alcoholic beverages in the vehicle, and he did not have any alcoholic beverages to drink while driving. In asking my questions about where he was coming from and going to, the driver changed his story saying that he just flew in from Miami. He went back and forth saying that he had the drinks on the plane, and then later saying he had them at the W Hotel. Eventually he settled on having the wine on the plane, but nothing at the W Hotel. The driver stated he was not taking any prescription, over the counter, or illegal drugs. He later told me he was taking a blood thinning medication. He was not taking any illegal drugs or. He did not advise of any head/eye injuries/issues. He was not diabetic or taking insulin for any reason. He did not advise of any other injuries illnesses or issues. CONDITIONS: TRAFFIC: Moderate WEATHER: Clear ROADWAY: Dry HAZARDS: Commercial Zone PASSENGER(S): None While speaking with the driver, I observed the following: SPEECH: Slurred Thick COLOR OF FACE: Apparently Normal EYES: Water and Bloodshot ODOR OF INTOXICATING LIQUOR: Yes ADMISSION OF ALCOHOL CONSUMPTION: Yes 12/12/ :45 Page 7

8 Child Abuse Agency: SPD Arson Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 8 Added By: (1268) FELLOWS, D Notes / Narratives I asked the subject to participate in the HGN test and he agreed. The area where the SFSTs were performed was flat, dry, and free of debris. The streetlights, my vehicle`s headlights, and my flashlight were used to illuminate the ground. The emergency lights from my patrol vehicle were turned off so they were not in view of him during the tests. The requested SFSTs were explained and demonstrated prior to the driver beginning. The following results were recorded on the Alcohol Influence Report (AIR). HORIZONTAL GAZE NYSTAGMUS: 6 out of 6 Clues Vertical Nystagmus: Yes Conducted by: Officer Fellows #1268 (Certified) WALK AND TURN:This test was not conducted as we were in a median area. ONE-LEG STAND: This test was not conducted as we were in a median area. PRELIMINARY BREATH TEST (PBT): Refused At 0300 hours, I placed the driver who was later identified as Michael Floyd, under arrest for Driving Under the Influence of Alcohol. He was handcuffed to the rear and the cuffs were double locked, checked for tightness using the one finger method. A search incident to arrest yielded negative results. I then secured him in the backseat of my patrol vehicle. Once he was secured in the backseat of my patrol vehicle, Ofc Burnett handed me the driver`s AZ photo DL. I looked at the same and saw it was Michael Floyd. At this time I recognized the name and believed he was Michael Floyd, a wide receiver for the AZ Cardinals professional football team. At this time his initial statements, while not in chronological order, began to make a little sense. The Arizona Cardinals had just played the Miami Dolphins (on Sunday 12/11/16) in Miami. This would have explained Floyd`s initial statements of just coming in on the flight from Miami. Ofc Burnett advised me at this time that Floyd`s license was valid (as he had conducted a records check while I was initially interacting with Floyd), the registration on the vehicle was valid, and he located proof of current insurance. Per Arizona Revised Statute, the vehicle was impounded by All City Towing and a Vehicle Impound Supplement was completed. A copy of the Vehicle Impound Supplement was placed in Floyd`s property and copies were mailed to all other registered owners and/or lien holders. At 0309 hours, I read Floyd the information from a standard Admin Per Se/Implied Consent Affidavit. When asked if he would initially submit to the specified tests, that being blood and breath tests, Floyd said "no". I read him the admonitions regarding refusal and asked again if he would submit to the breath/blood tests. At this time Floyd said "yup". 12/12/ :45 Page 8

9 Child Abuse Agency: SPD Arson Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 9 Added By: (1268) FELLOWS, D Notes / Narratives I transported Floyd to the D2 jail with no issues. After arrival to the D2 jail and after initial intake, Floyd was brought to the phlebotomy room. As I began asking my basic medical questions, Floyd told me "no". I clarified what this meant and he replied "I`m not taking a blood test" at 0327 hours. I asked if he wanted to call a lawyer at this time. Floyd never told me he wanted a "lawyer" or that he wanted to call one. He only told me that he wanted to make a phone call. I informed him I would provide him that opportunity. I went to the phone room and opened the phone book to the attorney section. I verified the land line was working. There was not a cell phone in Floyd`s property. Floyd was then brought to the phone room and tried to begin using the phone. I tried to explain how to use the land line, and eventually Floyd stopped long enough to listen to my instructions. I also advised him of the written instructions on the wall. Floyd eventually told me that he understood and did not have any questions for me as of that moment. Floyd was secured in the phone room at approximately 0330 hours. I was not present for his calls. Based on this refusal, I began applying for an ESW. This warrant was submitted at approximately 0355 hours. At 0357 hours I read Floyd the admonitions from the Admin Per Se/Implied Consent affidavit a second time. Floyd still refused to submit to the breath/blood tests. I then read him the further delay statement and Floyd replied "no" when asked if he would submit to the breath and the blood tests. Floyd was left secured in the phone room. At 0402 hours, I was sworn in by Judge Carson of the IA Court. She informed me my warrant was granted. At 0409 hours I served Floyd with the ESW. At no time prior to service of the warrant did he recant his refusal. A copy of the ESW was later placed in his property and given to him upon his release. It should be noted that Floyd re-iterated that he was not consenting to the blood draw. I told him that it was noted that he was not giving consent to have his blood draw, but that I was conducting the blood draw under the authority of the court order, and not his consent. Floyd cooperated with my instructions and did not have to be restrained. BLOOD DRAW PHLEBOTOMIST: Fellows 1268 DRAW LOCATION: D2 Jail Restraint Chair DRAW TIME: 0413 hours PUNCTURE SITE: R-Arm AMOUNT DRAWN: 2 Vials of Blood - no issues with the draw. I observed DO McGaughey #B1563 invert each tube times and I then verified visually that there was a proper mixture 12/12/ :45 Page 9

10 Child Abuse Agency: SPD Arson Homicide Hate Crime Elderly þ Gang Related Incident / Investigation Report þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Original Information Date Added: 12/12/2016 Original Page: 10 Added By: (1268) FELLOWS, D Notes / Narratives between the preservative/anticoagulant and the blood when the tubes were handed back to me. I then properly sealed/labeled each vial and secured it in the blood collection kit. See Blood Draw Report for further information. The blood collection kit was later impounded in the secure evidence refrigerator at the District 2 Station. I then advised Floyd that the ESW entitled me to the breath sample. Floyd was warned that if he refused the breath sample, that he would receive an additional charge of failure to obey a lawful order. Floyd refused to participate in the breath sample by saying "no" and the charge was added. No further questions were asked of Floyd. I explained the Blood Destruction Notice/Rights to Independent Tests to Floyd and later served him with the paperwork. The pink copy was included in his property and given to him upon release. At 0415 hours I served Floyd with the order of suspension. The pink/yellow copies were later placed in his property to be given to him upon his release. Floyd was later released by the Detention Staff. It should be noted that I was wearing an on body camera during my involvement with this incident, please refer to the OBC video for further information. Please see other officer`s supplements and other OBC video from some of the officers for further information. This concludes my involvement with this incident at this time. Notes / Continuation 12/12/ :45 Page 10

11 Child Abuse Arson Agency: SPD Homicide Hate Crime Elderly Gang Related Incident / Investigation Report þ þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Supplement Information Date Added: 12/12/ :45:48 Supplement Page: 1 Added By: (1369) BAILEY, A Supplement Notes On 12/12/2016 I was working patrol duty in the CIty of Scottsdale. I was wearing a regulation navy blue SPD uniform and driving a fully marked SPD vehicle. I was also equipped with a Taser Axon Body Camera (OBC) that was mounted to my chest. At approximately 0248 hours I responded to the intersection of Goldwater and Camelback to assist other officers with a traffic stop. I arrived at the intersection and observed Officer D. Fellows #1268 had his patrol vehicle parked behind a black SUV in the westbound left turn lane of Camelback at the intersection. Officer C. Burnett #1278 had his vehicle parked nose to nose with the SUV. Both patrol vehicles had their push bumpers against the SUV. I immediately recognized this manuver, as it is done when the driver of a vehicle is found passed out or asleep behind the wheel. Officer Fellows was on the driver`s side of the SUV and Officer Burnett was on the passenger side. I activated the emergency lights of my partol vehicle and blocked the number one westbound lane of Camelback Rd. I then exited my vehicle and approached the passenger side of the SUV just behind Officer Burnett. Officer Fellows and Officer Burnett were knocking on the windows of the SUV in an attempt to wake the driver. The windows were tinted dark, but I was able to see in through the passenger side and observed a male in the driver`s seat with his eyes closed and his head tilted back. I attempted to open the rear door on the passenger side, but it was locked. Officer Fellows was eventually able to get the attention of the driver after multiple attempts. I heard Officer Fellows telling the driver to turn the vehicle off and then suddenly observed the vehicle slightly lurch forward, as if the driver had either taken his foot off the brake or changed gears in the vehicle. I then deployed my baton in preperation to possibly have to brake one of the vehicle windows in an attempt to open the vehicle doors and prevent the driver from attempting to drive the vehicle. Officer Fellows then called me over to the driver`s side of the vehicle to assist in getting the driver out of the vehicle. I hastily ran over to the driver`s side of the SUV and observed the driver`s window was down and Officer Fellows was trying to keep the driver`s hands off of the steering wheel and asked for me to assist. I observed the driver, soon to be identified as Michael Floyd (OF, Identified by AZ DL), start to reach his hands down. I reached through the window and grabbed ahold of Michael`s wrists, then moving his hands to the roof of the vehicle and telling him to keep them raised. I observed Michael displayed extensive signs of alcohol consumption (BSW eyes, strong odor of alcohol, slurred speech) as I was now almost face to face with him. Officer Fellows was able to reach into the vehicle and unlock the driver`s door, then opened it. We gave commands to Michael to exit the vehicle, but he had great difficulty responding and complying to the commands. I then reached across Michael and unlatched his seatbelt. Officer Fellows and I then took hold Michael`s arm and led him out of the vehicle. Michael did not fight us, but also had to be physically manipulated in order to comply. Michael was then sat down on a nearby curb and Officer Fellows began to speak with him further as I reached into the vehicle and turned off the ignition and took the key fob out of the vehicle. I then remained on scene as Officer Fellows conducted an investigation, subsequently placing Michael under arrest. I assisted as Officer Fellows handcuffed Michael behind his back and then secured him in the back of his patrol vehicle. This concluded my involvement. See supplements and OBC footage for further. NFI [ AB 1369 ] 12/12/ :45 Page 1

12 Child Abuse Arson Agency: SPD Homicide Hate Crime Elderly Gang Related Incident / Investigation Report þ þ On-Body Camera Case Number: Liquor Est. RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC THOROUGHFARE Reported Location Found E Camelback Rd / N Goldwater Bl, Scottsdale, AZ Occurred Original Officer (1268) FELLOWS, D Supplement Information Date Added: 12/12/ :54:06 Supplement Page: 1 Added By: (1278) BURNETT, C Supplement Notes On 12/12/2016 at 0248 hours I was dispatched to Goldwater Blvd and Camelback Rd as a back up officer on a traffic stop. I responded to the scene in a fully marked patrol car and was wearing my full regulation blue Scottsdale Police uniform. Officer Fellows (1268) was the initiating officer on the stop. I was responding from 68th St and Camelback Rd eastbound. As I arrived at the intersection I observed Officer Fellows behind a black Cadillac Escalade facing westbound in the left hand turn lane of westbound Camelback Rd to southbound Goldwater Blvd. He radioed me asking me to initiate a front block to the vehicle to keep it from coasting into the intersection as the driver was passed out behind the wheel. I activated my emergency lights and crossed the intersection pulling nose to nose with the vehicle. I used my spot light to illuminate the interior of the vehicle and could see that there was a single occupant, the driver. I exited my patrol car and could see the driver was a black male. His head was flopped back, his eyes were closed and his mouth was wide open and his arms lay lax in his lap. He appeared to be passed out. The vehicle was on as I could see the exhaust coming out of the tail pipe due to the tempurature. The brake lights were also illuminated signifying the driver had his foot on the brake. All the doors to the vehicle were locked so we could not get into the vehicle to wake the driver up. Officer Fellows advised me that he was going to try and wake the driver up. He began knocking on the driver side window. I began knocking on the front passenger side window. After a few moments the driver began to wake up. Officer Fellows eventually was able to get the driver to role down his window and he and Officer Bailey (1369) had to physically remove the driver from the vehicle. Before removing the driver from the vehicle Officer Fellows and Bailey attempted to get the driver to put the vehicle in park and turn it off. The driver was not able to do so until after he took his foot off the brake and rolled forward into my car. There was no damage to either vehicle. While Officer Fellows conducted his DUI investigation I began filling out a tow sheet. The driver was eventually placed under arrest. I completed an inventory of the vehicle and turned the tow sheet over to Officer Fellows. This concludes my involvement in the case. NFI. 12/12/ :45 Page 1

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17 JMS internal Booking # AZAFIS PCN number Alert/VP DNA previous DNA taken CITY OF SCOTTSDALE ARREST REPORT VP9 Fingerprinted 1 Yes 1 Yes 1 Yes X 2 X 2 No X 2 No No Photo X1 Yes 2 No IDENTIFICATION 1 ORI # 2 AGENCY NAME AZ a. ARREST # 5a. LAST, FIRST, MIDDLE NAME 5b. Citizenship FLOYD, MICHAEL 5c. Interpreter US Yes 15 PLACE OF BIRTH (CITY, COUNTY, STATE) 3b DR # Scottsdale Police Department 5d. Language 7 SEX 1 M 2 F X X No 8 RACE 1 W 2 B 16 SSN X 9 HGT. 3 A 4 I 10 WGT. 6'04 11 EYE DATE OF BIRTH 18 AGE MIN 12 HAIR BROWN 13 SKIN BLK BLK 19 AFIS ARN 27 21a. Relative/Emergency Contact 20 SID # 21b. Relationship 22 DL # 21c. Address/Phone 23 ST AZ 24 FBI # 25 IDENTIFICATION COMMENTS X 26 1 RESIDENT 27 HOME ADDRESS (STREET, CITY, STATE, ZIP) 28 RESIDENCE PHONE 29 OCCUPATION (BE SPECIFIC) 2 NON-RESIDENT 31 BUSINESS ADDRESS (STREET, CITY, STATE, ZIP) 30 EMPLOYER (NAME OF COMPANY/SCHOOL) 32 BUSINESS PHONE ARREST 33 LOCATION OF ARREST (STREET, CITY, STATE, ZIP) 41 DATE OF ARREST 42 TIME OF ARREST 1 1. AM PM 12/12/2016 CHARGE # 1 DR # CHARGE # 2 DR # F/M M CHARGE # 3 DR # F/M M Release Date 12/12/2016 Cnt 1 CHARGE # 4 F/M M MIL. 43 DAY OF ARREST S M T W T X 1 Y X2 Violation Date 12/12/2016 Release Date 12/12/2016 Cnt 1 Violation Date 12/12/2016 BOOKED S 7 Court ORI SCOT State/Local A1 Prep Offense Cnt 1 State/Local A1 Court ORI SCOT Prep Offense Release Date 12/12/2016 Citation/Warrant # Disposition CITE & RELEASE N State/Local A2 Violation Date 12/12/2016 Court ORI SCOT Prep Offense Citation/Warrant # Disposition CITE & RELEASE N Charge F/OBEY POLICE OFFICER Bond 0.00 Citation/Warrant # Disposition CITE & RELEASE N Charge DUI-BAC OF.08 OR MORE Release Date 12/12/ DESCRIPTION OF WEAPON N 44 TYPE ARREST F 6 Charge DUI-IMPAIRED TO SLIGHTEST DEGREE Bond X D2/07 Charge RECKLESS INTERFERENCE-OBSTRUCT HIGHWAY-PUBLIC Bond Cnt 1 Bond DR # F/M M 39 ARMED? 34 DIST/BEAT E CAMELBACK RD / N GOLDWATER BL SCOTTSDALE, AZ State/Local Violation Date 12/12/ ARREST DISPOSITION N Disposition CITE & RELEASE 68 ACCOMPLICE ARRESTED WITH DOB: Court ORI SCOT Prep Offense Citation/Warrant # BOOKING#: ALIAS AKA ID: NAME: FLOYD, MICHAEL MATHEW DOB SSN: Scars, Marks and Tattoos VEHICLE 70 VYR VMA 72 VMO CAD LLAC ESCALADE 75 TAG # 76 LIS AZ VEHICLE RELATED TO: FLOYD, MICHAEL 77 LIY 73 VST 74 VCO TOP LL 78 VIN 2017 VEHICLE RELATION: DRIV BOTTOM BLACK

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