LISCIO DECLARATION EXHIBIT 7

Transcription

1 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 1 of 9 LISCIO DECLARATION EXHIBIT 7

2 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 2 of 9 March 28, Oregon An ASCLD/LAB - International Accredited Testing Laboratory Since 2006 Department of State Police Forensic Laboratory Kale Brown, Governor Poe Sholes Drive, Suite 200 Bend, OR (541) FAX (541) Deschutes County Sheriffs Office Highway 20 W Bend, OR Attention: Investigating Officer DCSO 7 FINICUM, ROBERT LAVOY (Deceased) Agency Case Lab No Analytical Report This report contains a summary of the analytical results and/or conclusions of the undersigned analyst. For the purpose of this report, all references to blood are based on appearance and/or location, and all times are approximate. On January 26, 2016, the Tri-County Major Crime Team requested the assistance of the Bend Forensic Laboratory with an officer-involved shooting investigation. Lab Personnel BB and I responded to the Deschutes County Sheriff's Office for a briefing and then departed to Burns, Oregon, at 9:15 p.m. We arrived at the command post at 11 :30 p.m. After an additional briefing, we departed at 12:52 a.m. on January 27, 2016, and traveled to the scene located northeast of Burns on U.S. Highway 395. At 1:12 a.m., we arrived at a brown, four-door Jeep Sport Wrangler Unlimited (Arizona license plate - VIN: ) parked off the east side of the highway. The jeep was located at the following GPS coordinates: N ', W '. The vehicle was photographed, but was not examined by laboratory staff. We departed the jeep and traveled to the shooting scene approximately 1 mile north on U.S. Highway 395. A silver, four-door Chevrolet Silverado 2500 HD pickup (Oregon license plate - VIN: with an attached truck cap was parked facing south primarily in the southbound lane of travel. A white, four-door Dodge RAM 2500 pickup (Arizona license plate - VIN: with an attached truck cap was in a snowbank off the west side of the highway facing north. The Dodge pickup was located west of the Chevrolet pickup, and tire tracks were present leading from the highway to its location. The Dodge pickup was located at GPS coordinates N ', W '. A deceased adult male was located on the snowbank south of the Dodge pickup and on the same side of the highway. The decedent was in a supine position with his hands handcuffed behind his back. His head was to the east, toward the highway, and his feet were to the west. He had several layers of clothing on. From the innermost layer to the outermost layer, he was clothed in a white undershirt, black quarterzip shirt, striped button-up shirt, cream-colored fleece, and a jean jacket. The decedent's chest was exposed, and remnants of medical equipment were observed on and around the body. The decedent Produced Pursuant to Protective Order WJA

3 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 3 of 9 Lab No March 21, 2016 Page 2 also had blue jeans with a belt and cowboy boots on. The jeans were not removed to visualize the under layers of clothing present. Wounds were visible on the decedent's upper left chest area. Minimal bloodstains (primarily transfer 1 stains) were observed on the lower right portion of the decedent's abdomen. Blood had been dripping from the decedent's left shoulder, and saturation stains 2 were observed in the snow underneath the decedent's back. "2 Gas Can" was written on the palm of the decedent's left hand. A black leather wallet with an Arizona driver's license bearing the name Robert Lavoy Finicum was collected from the rear left pocket of the decedent's jeans. A loaded 9mm Luger caliber Ruger pistol, model SR9, serial number (Marker F) was located in the front left interior pocket of the decedent's jean jacket. A cartridge was in the chamber, and a loaded magazine was inserted in the pistol. Two additional loaded magazines (Marker G) were located in the decedent's right front interior jean jacket pocket. A brown leather sheath containing a Buck brand knife (Marker H) was attached to the front of the decedent's belt. The following evidence was located in the snow near the decedent: Marker A - Brown cowboy hat Marker B - Wire frame Foster Grant eyeglasses Marker C - Black Pilot pen Marker D - Samsung cellular phone Marker E - Bullet with red-brown stains The decedent was removed from the scene by Lafollette's Chapel at 4:31 a.m. The highway was searched for items of evidence by law enforcement personnel. These evidence items were marked with numbered placards. The following items were located: Placard 1 - Safariland Direct Impact OC cartridge case from the east side of the highway near the fog line, south of the vehicles Placard 2 - Safariland Direct Impact OC cartridge case from the highway near the front driver side tire of the Chevrolet pickup Placard 3 - Green and orange apparent flash-bang-style device from the west side of the highway north of the vehicles Placard 4 - Apparent spike from the west side of the highway south of the vehicles Placard 5 - Five apparent spikes from the highway and snowbank on the east side, south of the vehicles Placard 6 - Metal canister pin from the highway north of the Chevrolet pickup Placard 7 - exact impact cartridge case from the west side of the highway along the fog line, north of the vehicles Placard 8 - Gray plastic cap with orange remnants from the snowbank on the east side of the Dodge pickup Placard 9 - Safariland Direct Impact OC cartridge case from the highway south of the vehicles 1 A stain created by the transfer of blood from one object to another through physical contact 2 A quantity of blood soaked into an absorbent substrate Produced Pursuant to Protective Order WJA

4 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 4 of 9 Lab No. 16B March 21, 2016 Page 3 Placard 10 - Safariland Direct Impact OC cartridge case from the highway south of the vehicles Placard 11 - Safariland Direct Impact OC cartridge case from the highway underneath the Chevrolet pickup Placard 12 - Four Safariland Direct Impact OC cartridge cases from the highway by the front driver side tire of the Chevrolet pickup Placard 13 - Three Safariland Direct Impact OC cartridge cases from the highway by the front driver side door of the Chevrolet pickup Placard 14 - Safariland Direct Impact OC cartridge case from the highway by the rear driver side door of the Chevrolet pickup Placard 15 - Safariland Direct Impact OC cartridge case from the highway underneath the Chevrolet pickup Placard 16 - Safariland Direct Impact OC cartridge case from the highway underneath the Chevrolet pickup Placard 17 - Two gray plastic caps with orange remnants from the snowbank on the west side of the highway, north of the vehicles Placard 18 - Metal canister pin from the highway south of the vehicles Placard 19 - Green and orange apparent flash-bang-style device from the snowbank west of the Dodge pickup Placard 20 - Blue sponge from the snowbank west of the Dodge pickup The Chevrolet pickup was examined by Investigating Officer OCSO 1. A loaded Noveske rifle, model N4, serial number - (Marker I), was located on the rear driver side seat of the vehicle. A cartridge was in the chamber, and a loaded magazine was inserted in the rifle. This rifle was collected by Investigating Officer OCSO 1. A portion of the highway from south of the vehicles to an area north of the Chevrolet pickup, the area around the decedent, and the trampled path from the highway to the decedent was searched for evidence with the metal detector by Lab Personnel BB. Law enforcement personnel also searched the highway and snowbanks along the edges of the road with a metal detector. One fired cartridge case (Marker N) with the headstamp "223 SPEER 14 REM" was located by law enforcement personnel in the snow on the west side of the highway. A skid mark was also observed on the highway south of the vehicles. The Dodge pickup was deeply embedded in the snow with the passenger side angled downward toward the highway at an approximate 14 to 15 degree angle. All four side windows in the cab of the pickup were broken. The windshield had numerous fractures but was intact. The rear truck cap window and the driver side truck cap windows were also broken. Larkin Towing moved the pickup from the snowbank to the highway to facilitate a cursory search of the contents. The following evidence was collected: Marker J -.38 special caliber Taurus revolver, serial number SF 41178, from the rear driver side floorboard. Five cartridges were loaded in the cylinder. Marker K - Black Verizon Kyocera cellular phone from the driver side backseat Marker L - Black Sanyo digital camera from the center of the backseat Produced Pursuant to Protective Order WJA

5 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 5 of 9 Lab No March 21, 2016 Page 4 Marker M - Black Verizon Samsung Galaxy cellular phone from the rear passenger side door frame area Marker O - Black Verizon Motorola Droid cellular phone from the passenger side of the dashboard Marker P - Smith and Wesson rifle, model M&P 15, serial number SW with an installed Raptor scope located under the passenger side of the backseat. The magazine was loaded, but a cartridge was not present in the chamber. Marker Q - Smith and Wesson rifle, model M&P 15, serial number SM with an installed Leupold scope located under the driver side of the backseat. The magazine was loaded, and a cartridge was in the chamber. Marker R - Citizen's Emergency Response Phone Number List from the front passenger floorboard Marker S - ipad with case from the center console A tarp was secured around the vehicle for transport, and the vehicle was removed by Larkin Towing at 9: 18 a. m. The scene was diagrammed by Investigating Officers 3572, OCSO 17, and T. The Noveske rifle (Marker I) was collected by Investigating Officer DCSO 1. The wallet from the decedent's pocket, Markers A through H, and Placards 1 through 20 were collected and released to Investigating Officer DCSO 1 at 7:07 a.m. Markers J through S were collected and released to Investigating Officer DCSO 1 at 9:31 a.m. Laboratory examination of the scene concluded at 9:35 a.m. Digital images taken during the examination were returned to the laboratory and subsequently transferred to one Siu-Ray disc (Exhibit 1). The Dodge pickup was towed to the Oregon State Police Bend Forensic Laboratory vehicle bay located at Poe Sholes Drive in Bend, Oregon. The Forensic Services Division received the vehicle via Investigating Officer X on January 27, 2016, at 1 :54 p.m. Lab Personnel BB and CC, Investigating Officers DCSO 3 and OCSO 6, and I examined the Dodge pickup at 10:32 a.m. on January 28, Initial photographs were taken of the exterior of the vehicle. The examination was then suspended at 11 :23 a.m. until an amended warrant could be obtained. Digital images taken during this portion of the vehicle examination were transferred to one DVD (Exhibit 2). Lab Personnel BB and CC, Investigating Officers DCSO 3 and DCSO 6, and I resumed our examination of the Dodge pickup at 2:37 p.m. on January 28, The vehicle was muddy. The black air dam below the hood was loose and damaged, and the black seal between the truck cap rear window and tailgate was not in place. White powder was observed in the interior of the cab. The bed/truck cap interior was searched by Investigating Officers OCSO 3 and DCSO 6. Some of the contents included clothing items, diesel exhaust fluid, tools, a projector, chains, a sleeping bag, a bed roll, food, a tent, a portable sound system, and a fire shelter. The following evidence was collected from the bed: Produced Pursuant to Protective Order WJA

6 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 6 of 9 Lab No. 16B March 21, 2016 Page 5 Agency Item #STM-3 - Novatel Wireless/Verizon USB wireless adapter from black Targus backpack o Agency Item #STM-7 - Black Targus backpack containing a business card for Carla D. Burnside Agency Item #STM-4 - Green/tan Voodoo pack containing four boxes of PMC.223 Remington ammunition, a partially loaded magazine, earplugs, and loose.223 cartridges (pack located inside a camouflage backpack bearing the name Danielle Ugled Smith) Agency Item #STM-5 - Two partially loaded magazines, five boxes of PMC.223 Remington ammunition, loose.223 cartridges, and a green camouflage pouch containing miscellaneous.38 special cartridges (located in the front pocket of the same camouflage backpack as Agency Item #STM-4) Agency Item #STM-6 - Fire shelter in green case The evidence collected during this examination of the vehicle was released to Investigating Officer DCSO 3 at 4:48 p.m. Examination of the vehicle was suspended at 5:20 p.m. Lab Personnel BB and CC, Investigating Officers DCSO 3 and DCSO 4, and I continued the examination of the Dodge pickup at 7:00 a.m. on January 29, Four total bullet strikes were observed and documented on the vehicle on January 28 and 29. A bullet hole (Marker T) was observed on the passenger side of the hood. The bullet entered and passed through the hood, perforated a hose, and entered the plastic cover below the windshield. A metal fragment (Marker AT) was located on the battery, and an additional metal fragment (Marker AU) was recovered from inside the plastic cover. The measured trajectory indicated the bullet was traveling approximately level (1 downward angle 3 ) and from left to right at an angle measured 17 left of midline. The bullet was traveling from the front of the vehicle to the rear of the vehicle. A bullet hole (Marker U) was observed in the front grille, slightly on the driver side. The bullet entered and passed through the grille, into the radiator, and a defect was observed on an adjacent fan blade. No bullet fragments were recovered. The measured trajectory indicated the bullet was traveling approximately level in both the vertical and horizontal planes (1 downward angle and 1 angle to the left of midline). The bullet was traveling from the front of the vehicle to the rear of the vehicle. A defect (Marker FF) was observed on the driver side view mirror. Three areas of damage with black streaks (Markers V, GG, and HH) were also observed on the rear driver side door, frame, and truck cap; lead was detected in the black streaks in the three areas of damage. A metal fragment was recovered from the mirror. In my opinion, based on the appearance of the damage/streaks, the lead test results, the recovered fragment from the mirror, and the locations of the defect and areas of damage, the defect in the mirror and the described areas of damage are related. A bullet entered and passed through the mirror and impacted the side of the vehicle. The measured trajectory indicated the bullet was traveling at a 5 upward angle. From the perspective facing the front of the vehicle, the bullet traveled from right to left at an 3 The listed trajectory angles are the specific measurements that were taken; however, each trajectory angle measured assumes a ±5 variance. Produced Pursuant to Protective Order WJA

7 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 7 of 9 Lab No March 28, 2016 Page 6 angle measured 7 right of a plane parallel to the side of the vehicle. The bullet was traveling from the front of the vehicle to the rear of the vehicle. A bullet hole (Marker W) was observed in the approximate center of the roof just in front of the truck cap. The bullet entered and passed through the roof and headliner. The measured trajectory indicated the bullet was traveling at a 20 downward angle and from left to right at an angle measured 35 left of midline. If the trajectory continued in a straight line, the bullet would have impacted the rear driver side window. No bullet fragments were recovered in the vehicle. The bullet was traveling from the rear of the vehicle to the front of the vehicle. The metal fragments (Markers FF, AT, and AU) were released to Investigating Officer DCSO 4 at 10:48 a.m. on January 29, Additional damage to the vehicle was documented on January 28 and 29. An area of damage (Marker X) was observed on the rear passenger side door. Orange remnants were stuck between the door frame and the broken glass near this damage. A defect (Marker Y) in the exterior black plastic trim at the base of the rear passenger side window was observed. Lead was not detected in this defect. A defect (Marker Z) was observed on the front passenger side view mirror. The glass was broken and some of the plastic housing on the mirror was broken as well. Five fractures (Markers AA, BB, CC, DD, and EE) were documented in the windshield on January 28 and 29. Scuff marks were observed in the center of the fractures marked CC, DD, and EE on the interior of the windshield. Gouges in the glass were observed in the center of the fracture marked AA on the interior of the windshield. These observed characteristics indicate the fractures marked AA, CC, DD, and EE occurred due to objects striking the windshield from the interior. Due to the extent of the damage associated with the fracture marked BB, a direction of force determination could not be made based on the observable characteristics. Damage to the plastic housing around the rearview mirror was observed as well. The interior of the cab was searched by Investigating Officers DCSO 3 and DCSO 4 on January 29. The following evidence was collected by Investigating Officer DCSO 3, unless otherwise noted: Marker AB - Gray plastic cap with orange remnants from the rear passenger side floorboard Marker AC - Paperwork from the rear passenger side floorboard Marker AD - Gray plastic cap from the center of the backseat. No orange remnants were observed on the cap. Marker AE - Gray Jansport backpack. This item was not collected. Marker AF - White Samsung Galaxy cellphone from a Dooney and Burke gray purse on the rear driver side floorboard o Agency Item #STM-11 (no lab marker assigned) - Dooney and Burke purse Marker AG - Gray plastic cap with orange remnants from the rear driver side seat Marker AH - Gray plastic cap with orange remnants from inside the front passenger door Marker Al - Gray plastic cap with orange remnants from the front passenger floorboard Marker AJ - Gray plastic cap with orange remnants from the front passenger floorboard Marker AK - Gray plastic cap with orange remnants from the front passenger floorboard by the door frame Produced Pursuant to Protective Order WJA

8 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 8 of 9 Lab No March 28, 2016 Page 7 Marker AL - Gray plastic cap with orange remnants from the dashboard Marker AM - Gray plastic cap with orange remnants and a gray plastic cap with an attached blue sponge from the front passenger seat Marker AN - One partially loaded magazine located in the folds of a blanket on the dashboard Marker AO - Paperwork from the dashboard Marker AP - Gray plastic cap with orange remnants from the driver seat Marker AQ - Sansa Sandisk storage device plugged into the center console Marker AR - Fired cartridge case with the headstamp "R P WIN" from the center cup holder Marker AS - $11 from the driver door To summarize the less lethal ammunition observed, a total of fifteen Safariland Direct Impact OC cartridge cases were collected from the shooting scene. Only twelve gray plastic caps with orange remnants were collected from the shooting scene and vehicle. Three projectiles associated with these OC cartridge cases were not recovered. One exact impact cartridge case was collected from the shooting scene. The likely components of two projectiles associated with this type of cartridge were recovered from the shooting scene and vehicle: one gray plastic cap and a separate, unattached blue sponge, and an additional gray plastic cap with an attached blue sponge. One exact impact cartridge case associated with these projectiles was not recovered. Two green and orange apparent flash-bang-style devices and two apparently associated metal pins were also collected from the shooting scene. Numerous other items including clothing, food, maps, tools, Essential Liberty pocket guides, Patriots of America business cards, and a Second Amendment booklet were located in the vehicle but not collected. Lab Personnel BB and I examined the interior of the vehicle for visible red-brown stains; however, none were located. The three rear seatbelts and the front passenger seatbelt had a line of demarcation in the retracted position due to the white residue that was present in the vehicle. This indicates the seatbelts were not extended when the white powder was deployed in the vehicle. The driver seatbelt had a line of demarcation in a slightly extended position; however, it was buckled in the receiver and running along the back of the seat. Lab Personnel BB and I concluded the examination of the vehicle at 12:49 p.m. Lab Personnel CC previously departed at 11 :03 a.m. Digital images taken during the examination of the vehicle on January 28 and 29 were transferred to one Blu-Ray disc (Exhibit 4). Lab Personnel BB and I met Investigating Officer DCSO 3 at 8:54 a.m. on February 1, 2016, to release the vehicle from laboratory custody. Prior to its release, the exterior was examined for visible red-brown stains. A red-brown stain (Marker II) on the rear driver side door was tested with a presumptive test for blood; however, no blood was detected. In addition, the headliner was removed in the area of the bullet hole marked W. No bullet fragments were observed. A small defect (Marker JJ) on the interior rear driver side door was also documented. The vehicle was towed by Consolidated Towing and released to Investigating Officer DCSO 3 at 9:45 a.m. Digital images taken during this examination were transferred to one DVD (Exhibit 5). Produced Pursuant to Protective Order WJA

9 Case 3:17-cr JO Document 73-3 Filed 04/12/18 Page 9 of 9 Lab No. 16B March 28, 2016 Page 8 Exhibits 1, 2, 4, and 5 have been returned to your agency. AA Lab Personnel AA, Forensic Scientist Pursuant to ORS (25), I hereby certify that I retrieved this document directly from the computer system maintained and operated by the Oregon Department of State Police and that this document accurately reflects and is a true copy of the information contained in that computer system. In testimony whereof, I have affixed my signature. Produced Pursuant to Protective Order WJA