Professional Documents
Culture Documents
Lawsuit Against Harrisburg Police Dauphin County
Lawsuit Against Harrisburg Police Dauphin County
---------------------------------------------------------------X
SHERELLE THOMAS, ADMINISTRATOR OF :
THE ESTATE OF TERELLE THOMAS :
:
and : CIVIL NO. ____________
:
T.T., a minor, individually, as child of decedent :
Terelle Thomas and as his sole survivor, : JURY TRIAL DEMANDED
:
Plaintiffs :
:
v. :
:
:
HARRISBURG CITY POLICE DEPARTMENT :
OFFICER DARIL FOOSE :
OFFICER SCOTT JOHNSEN :
OFFICER ADRIENNE SALAZAR :
OFFICER TRAVIS BANNING :
OFFICER BRIAN CARRIERE :
HARRISBURG CITY POLICE DEPT :
JOHN DOE POLICE OFFICERS 1 – 5 :
:
and :
:
DAUPHIN COUNTY :
DAUPHIN COUNTY ADULT PROBATION :
JOHN DOE SUPERVISORY OFFICERS 1-5 :
DAUPHIN COUNTY PRISON JOHN DOE :
PRISON OFFICIALS 1-5 :
PROBATION OFFICER DAN KINSINGER :
:
Defendants :
---------------------------------------------------------------X
1
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 2 of 58
COMPLAINT
2. This Middle District of Pennsylvania Court has original jurisdiction over the
Plaintiffs’ federal law claims pursuant to 28 U. S. C. §§1331 and 1343, in that the
claims raise questions of federal law, and jurisdiction over the pendent State Law
federal claims in the action within this Court’s original jurisdiction that they form
part of the same case or controversy under Article III of the United States
Constitution.
or omissions giving rise to the Plaintiffs’ federal claims occurred within the
negligence in failing to train its various personnel in the recognition and treatment
of medical and mental health issues in arrestees and inmates and further in
2
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 3 of 58
depriving decedent Terelle Thomas of his rights to both due process and equal
protection constitutionally guaranteed him, all of which eventually led to his death
PARTIES
Administrator of the said Estate of Terelle Thomas, brings this action pursuant to
County Register of Wills on the 11th day of March 2020, under Administrative File
Number 2220-0262.
7. Plaintiff T.T., a minor, is the decedent’s natural daughter and only survivor, and
she resides in Harrisburg, Pennsylvania. Because the decedent was single and
had no other survivors, the Plaintiff brings this action on her own behalf as the
December 17, 2019 as the direct and proximate result of the Defendants’
individual and joint actions and omissions, all of which occurred in the City of
3
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 4 of 58
all times relevant hereto, Defendant Dauphin County was responsible for
Dauphin County Adult Probation and Dauphin County Judicial Center. Dauphin
County Judicial Center houses the Central Booking Facility (“Booking Center”) for
and was responsible for training and supervising the probation officers and prison
officials who daily engaged probationers and persons taken into custody, and
who participated in and were the cause of decedent Terelle Thomas’s death.
10. One or more Defendants are Dauphin County Adult Probation John Doe
917 Gibson Blvd. in Steelton, PA 17113. At all times relevant hereto, DCAP
John Does participated in and was/were the cause of decedent Terelle Thomas’s
death.
11. One or more Defendants are Dauphin County Prison John Doe Prison Officials
Harrisburg, PA 17111. At all times relevant hereto, DCP John Does participated
12. A Defendant is Dan Kinsinger, an Adult Probation Officer with Dauphin County
Adult Probation, having a main place of business at 917 Gibson Blvd, Steelton,
PA, 17113. At all times relevant hereto, said Probation Officer participated in and
having a main place of business at 123 Walnut Street, Harrisburg, PA, 17110. At
all times relevant hereto, Defendant Harrisburg Police employed, trained and
4
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 5 of 58
supervised the several police officers that participated in and were the cause of
adequately train its police personnel in recognizing and identifying arrestees with
facility.
14. A Defendant is Daril Foose, a Police Officer with Harrisburg Police, having a
main place of business at 123 Walnut Street, Harrisburg, PA, 17110. At all times
relevant hereto, said Police Officer participated in and was the cause of decedent
Police, having a main place of business at 123 Walnut Street, Harrisburg, PA,
17110. At all times relevant hereto, said Police Officer participated in and was
16. A Defendant is Adrienne Salazar, a Police Officer with Harrisburg Police, having
a main place of business at 123 Walnut Street, Harrisburg, PA, 17110. At all
times relevant hereto, said Police Officer participated in and was the cause of
17. A Defendant is Travis Banning, a Police Officer with Harrisburg Police, having a
main place of business at 123 Walnut Street, Harrisburg, PA, 17110. At all times
relevant hereto, said Police Officer participated in and was the cause of decedent
18. A Defendant is Brian Carriere, a Police Officer with Harrisburg Police, having a
main place of business at 123 Walnut Street, Harrisburg, PA, 17110. At all times
5
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 6 of 58
relevant hereto, said Police Officer participated in and was the cause of decedent
19. One or more Defendants are Harrisburg Police Department John Doe Police
Walnut Street, Harrisburg, PA, 17110. At all times relevant hereto, said
Harrisburg John Does participated in and were the cause of decedent Terelle
Thomas’s death.
20. The complained-of acts and failures to act by Harrisburg Police supervisory and
21. The acts and failures to act by DCAP John Does and non-supervisory
22. At all times relevant hereto, the within described corporate, departmental and
individual Defendants were acting under color of law, and the individual
Defendants were acting in the course and scope of their duties with their
23. At all times relevant hereto, the within described corporate and/or departmental
employers, to wit, Harrisburg Police and Dauphin County, were liable for the acts
and failures to act of the individual Defendants, both known and unknown to
6
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 7 of 58
24. Plaintiffs bring this action in part under and by virtue of the Pennsylvania
Wrongful Death Act, 42 Pa. C.S.A. §8301, and the Survival Act, 42 Pa. C.S.A.
limited to damages for all hospital, medical, funeral, burial and estate
family would have received from the decedent from the time of his death for the
duration of his work life expectancy; compensated for the pecuniary value of the
services, society and comfort he would have given to his daughter had he lived;
and compensated for the loss of the services the decedent would have
contributed to his daughter, and also for the net amount of money the decedent
would have earned from the date of his death and would have earned between
that date and the end of his life work expectancy; compensation for the mental
and physical pain and suffering and inconvenience the decedent endured from
25. Plaintiffs’ decedent did not bring an action during his lifetime for actual injuries or
26. At all times relevant hereto, Defendants individually and jointly, and at each
successive stage from his initial arrest to his incarceration at the Dauphin County
Booking Center, were under a duty and obligation to recognize and identify that
decedent Terelle Thomas had serious medical health problems and to divert him
instead of punishment.
7
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 8 of 58
27. At all times relevant hereto, Defendants individually and jointly breached that
duty by failing to recognize and identify that decedent Terelle Thomas had
serious medical problems and failing to divert him from a prison environment to a
28. As a direct and proximate result of that breach, decedent Terelle Thomas died on
29. At all times relevant hereto, Defendants also breached that duty by treating
30. As a direct and proximate result of said unreasonable and inhumane treatment
Thomas died on December 17, 2019 at the age of thirty-one (31) years old.
31. All Defendants, with the exception of Harrisburg Police Department and Dauphin
OPERATIVE FACTS
32. On or about December 14, 2019, at approximately 6:15 PM, Defendant Foose
observed Decedent Thomas and another male walk from the area of a bar and
33. The two men were walking, laughing, and conversing with each other when
8
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 9 of 58
35. Defendant Foose initiated a traffic stop at the intersection of South 17th Street
36. Upon initiating contact with Decedent Thomas, Defendant Foose observed that
37. Defendant Foose notified her partner Defendant Kinsinger that she believed
38. According to her report, Defendant Foose made observations that led her to
believe that Decedent Thomas had ingested a large amount of cocaine. Those
Thomas’ tongue and spit were white; a large amount of paste inside of Decedent
Thomas’ mouth; and Decedent Thomas’ face was covered with a white powdery
39. At approximately 6:22 p.m., Defendant Johnsen arrived at the location of the
traffic stop.
40. Upon his arrival, Defendant Johnsen was informed by Defendant Kinsinger that
41. At approximately 6:22 p.m., Defendant Salazar arrived at the location of the
traffic stop.
42. Upon her arrival, Defendant Salazar was informed by Defendant Foose that
44. At approximately 6:22 p.m., Defendant Banning arrived at the location of the
9
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 10 of 58
traffic stop.
45. Defendant Banning observed a large amount of white residue around and on
46. Defendant Foose advised Defendant Banning that she believed Decedent
from the area South 17th Street and Holly Street to the Dauphin County Booking
Center.
Defendant Foose that she suspected Decedent Thomas had swallowed crack
49. During the time he was being transported by Defendant Carriere, Decedent
50. Upon arrival at the Dauphin County Booking Center, Defendant Carriere
informed DCP John Doe(s) and Dauphin County Prison medical staff that
Decedent Thomas had swallowed crack cocaine. See Exhibit A, page 11.
51. Upon his arrival at Dauphin County Booking Center, DCP John Doe(s) and
medical staff noted that Decedent Thomas had white powder on his lips.
52. Despite the suspicions of numerous law enforcement personnel that Decedent
transferred from the Dauphin County Booking Center to the nearest hospital for
53. At that time, defendant police officers, Defendant Kinsinger and DCP John Does,
10
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 11 of 58
should have recognized that Decedent Thomas was in the midst of a health crisis
and needed emergency medical treatment, and should therefore have taken him
54. Instead of taking Decedent Thomas to a hospital or other medical facility, and
because they had been poorly trained to recognize dangerous health issues, all
of the individual police and probation officers involved in the arrest of Decedent
Thomas ignored police and county protocol that called for Decedent Thomas to
be taken to the hospital for emergency medical care and instead Defendant
55. In failing to train its police, probation officers, and prison officials in detecting and
indifference to the medical needs of people its officers might be called upon to
arrest.
56. Defendants Harrisburg Police, Dauphin County and their officers were under a
duty to obtain for Decedent Thomas and other arrestees medical attention when
it appeared they needed it, but said Defendants made no effort to train their
57. At approximately 7:13 p.m. Decedent Thomas was placed in a cell at Dauphin
11
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 12 of 58
falling backwards on to the floor and hitting his head. Decedent Thomas then
suffered cardiac arrest and “coded” on the floor of the Booking Center cell.
59. Shortly thereafter, DCP John Doe(s) and Dauphin County Prison medical staff
arrived to find Decedent Thomas with white powder still on his lips. Decedent
60. Decedent Thomas falling backwards on to the floor during cardiac arrest was
63. At approximately 5:05 p.m. on December 17, 2019, Decedent Thomas died, and
64. On December 14, 2019, after denying Decedent Thomas the urgent medical care
Cause alleging that she observed Decedent Thomas consume crack cocaine and
criminally charged him with Tampering with Evidence. See Exhibit B, page 4.
the home of Decedent Thomas’ sister Sherelle Thomas where she was coerced
phone.
12
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 13 of 58
66. In an article published by Penn Live on January 17, 2020, Harrisburg Mayor Eric
person to the hospital rather than the booking center if they have consumed
illegal narcotics in a way that could jeopardize their health and welfare. Mayor
medical care, and I deeply regret that he did not.” See Exhibit C.
FEDERAL CLAIMS
67. The Allegations contained in all preceding Paragraphs are here incorporated and
68. At all times relevant hereto, Defendants Officer Daril Foose, Probation Officer
Dan Kinsinger, Officer Scott Johnsen, Officer Adrian Salazar, Officer Travis
and DCP John Doe Prison Officials 1-5 (collectively “DCP John Does”)
individually and/or jointly were, at all times relevant hereto, acting under color of
law and were aware that Decedent Thomas had a serious medical need,
69. Despite knowing of the decedent’s serious medical needs, the Harrisburg Police
Officers, Harrisburg John Does, and DCP John Does were each deliberately and
13
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 14 of 58
and conspired among themselves to deny him adequate care, and then to cover
Officers, Harrisburg John Does, and DCP John Does failed to obtain for him
71. Defendants Harrisburg Police Officers, Harrisburg John Does, and DCP John
medical care, despite knowing of his serious medical needs, and then actually
denying him adequate medical care, were so outrageous and malicious and
72. As a direct and proximate result of said Defendants’ individual and/or joint
Thomas, and the conspiracy and agreement among them, Decedent Thomas
was held in the Booking Center, instead of being sent to a hospital, denied
73. Defendants Harrisburg Police Officers, Harrisburg John Does, and DCP John
Does acts and failures to act, under color of law, violated Decedent Thomas’s
rights under the Fourth and Fourteenth Amendments to the United States
Constitution and the laws of the United States of America and the
§1983.
14
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 15 of 58
Harrisburg Police Officers, Harrisburg John Does, and DCP John Does, individually
and/or jointly, and requests all appropriate relief in an amount in excess of FIVE
damages, court costs, punitive damages, attorneys fees and all other relief as the Court
deems appropriate.
74. The Allegations contained in all preceding Paragraphs are here incorporated and
75. As indicated above, Harrisburg Police Officers, Harrisburg John Does, and DCP
John Does individually and/or jointly, denied the decedent emergency medical
care.
76. As the denial of medical treatment continued, none of the individuals present
77. This failure to intervene in the denial of emergency medical treatment was so
reasonable person.
15
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 16 of 58
Fourth and Fourteenth Amendments were violated, and the decedent suffered
injury as a result.
actions.
Thomas suffered deprivations of his rights, physical injuries, pain and suffering,
emotional distress, and mental anguish, all to decedent’s great detriment and
loss.
Harrisburg Police Officers, Harrisburg John Does, and DCP John Does, individually
and/or jointly, and requests all appropriate relief in an amount in excess of FIVE
damages, court costs, punitive damages, attorneys fees and all other relief as the Court
deems appropriate.
82. The Allegations contained in all preceding Paragraphs are here incorporated and
16
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 17 of 58
83. Dauphin County and DCAP John Doe Supervisory Officers, have exclusive
management and control of the policies and practices of Dauphin County Adult
whom require emergency medical care and are responsible for insuring that
Dauphin County and DCAP John Does are vested with the authority to establish
84. Dauphin County and DCP John Doe Prison Officials, have exclusive
custody whom require emergency medical care and are responsible for insuring
Defendants Dauphin County and DCP John Does are vested with the authority to
Booking Center.
85. Defendants Dauphin County, DCAP John Does, and DCP John Does violated
the Decedent’s rights by the custom and practice of failing to train, instruct,
supervise, control and discipline the probation officers of Dauphin County Adult
17
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 18 of 58
practice and usage caused the deprivation of decedent’s rights secured under
the Fourth and Fourteenth Amendments to the United States Constitution, other
laws of the United States, and the laws of the Commonwealth of Pennsylvania.
86. There exists within Dauphin County Adult Probation and the Dauphin County
Booking Center policies or customs, practices and usages that are so pervasive
that they constitute the policies of the Probation Department and Booking Center,
such that they are and were the moving force behind and thereby caused the
87. The polices, customs, practices and usages that exist include the following:
• The officers of DCAP conduct traffic stops without regard for the lack of
of the stop;
• The officers of DCAP and the Dauphin County Booking Center fail to
rights of citizens with whom they come in contact, including, but not limited
• The officers of DCAP and the Dauphin County Booking Center conspire
18
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 19 of 58
with Harrisburg police officers to “cover” for and protect one another from
criminal and/or civil sanctions that might arise from the violation of the
88. As a result of Dauphin County, DCAP John Does, and DCP John Does’ failure to
train, discipline or supervise their officers, they deprived Terelle Thomas of his
rights to be from the denial of medical care and unlawful and unreasonable
Dauphin County, DCAP John Does, and DCP John Does individually and/or jointly, and
DOLLARS, including, but not limited to, compensatory damages, court costs, punitive
damages, attorneys fees and all other relief as the Court deems appropriate.
89. The allegations contained in all preceding Paragraphs are here incorporated and
90. Harrisburg Police and Harrisburg Police John Does, have exclusive management
and control of the policies and practices of the Harrisburg Police Department
require emergency medical care and are responsible for insuring that members
19
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 20 of 58
and Harrisburg Police John Does are vested with the authority to establish
91. Defendants Harrisburg Police and Harrisburg Police John Does violated the
supervise, control and discipline the officers of the Harrisburg Police Department
customs, practice and usage caused the deprivation of decedent’s rights secured
under the Fourth and Fourteenth Amendments to the United States Constitution,
other laws of the United States, and the laws of the Commonwealth of
Pennsylvania.
92. There exists within Harrisburg Police Department policies or customs, practices
and usages that are so pervasive that they constitute the policies of the
Harrisburg Police Department, such that they are and were the moving force
93. The polices, customs, practices and usages that exist include the following:
20
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 21 of 58
violation of the constitution and laws, both by the acts and means by
DCAP and the Dauphin County Booking Center to “cover” for and protect
one another from criminal and/or civil sanctions that might arise from the
94. As a result of Harrisburg Police and Harrisburg Police John Does’ failure to train,
discipline or supervise their officers, they deprived Terelle Thomas of his rights to
be from the denial of medical care and unlawful and unreasonable seizure in
Harrisburg Police and Harrisburg Police John Does, individually and/or jointly, and
DOLLARS, including, but not limited to, compensatory damages, court costs, punitive
damages, attorneys fees and all other relief as the Court deems appropriate.
21
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 22 of 58
95. The Allegations contained in all preceding Paragraphs are here incorporated and
96. At all times mentioned herein, the failure to render medical care to Terelle
Salazar, Travis Banning, Brian Carriere, and Harrisburg Police John Does was a
health life, and property in violation of the Fourth Amendment and the Due
Terelle Thomas;
22
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 23 of 58
death;
treatment;
decedent’s death;
97. At all times mentioned herein Defendants Daril Foose, Dan Kinsinger, Scott
John Does, Dauphin County, DCAP John Does, and DCP John Does individually
23
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 24 of 58
Harrisburg Police Officers, Harrisburg John Does, Dauphin County, DCAP John Does,
and DCP John Does, individually and/or jointly, and requests all appropriate relief, in an
limited to, compensatory damages, court costs, punitive damages, attorneys fees and
98. The Allegations contained in all preceding Paragraphs are here incorporated and
99. At all times relevant hereto, all Defendants individually and/or jointly, were under
a duty and obligation to recognize and identify that Decedent Thomas had
serious medical problems and then to divert him from a prison environment to a
100. At all times relevant hereto, said Defendants individually and jointly breached that
duty by failing to act on the knowledge that Decedent Thomas faced serious
medical issues and failing to divert him from a prison environment to a hospital at
deliberate and reckless indifference to the health and welfare of the Decedent.
101. As a direct and proximate result of that breach, decedent Terelle Thomas
24
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 25 of 58
suffered deprivations of his rights, physical injuries, pain and suffering, emotional
distress, mental anguish, and eventually death on December 17, 2019 at the age
individually and/or jointly, and requests all appropriate relief, in an amount in excess of
FIVE MILLION ($5,000,000.00) DOLLARS, including, but not limited to, compensatory
damages, court costs, punitive damages, attorneys fees and all other relief as the Court
deems appropriate.
102. The Allegations contained in all preceding Paragraphs are here incorporated and
103. Decedent’s sole survivor is his daughter, T.T., a minor, who is entitled to recover
damages for his death, and on whose behalf this action is brought pursuant to
104. Decedent’s death was caused by the intentional, malicious, and/or grossly
unnecessarily and/or with deliberate and reckless indifference to the health and
welfare of the Decedent and the Plaintiffs, caused the death of decedent, Terelle
106. As a direct and proximate result of Defendants’ individual and joint actions,
25
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 26 of 58
mental anguish and suffering, and death, and was deprived of the enjoyment and
pleasure of life.
survivor has suffered serious emotional pain and economic loss due to the
(c) contributions decedent would have made to the plaintiffs from his
labor;
against Defendants, individually and/or jointly, and request all appropriate relief,
including but not limited to, compensatory damages, court costs, attorneys fees and all
109. The Allegations contained in all preceding Paragraphs are here incorporated and
Terelle Thomas suffered grievous bodily injury, and mental and physical pain and
26
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 27 of 58
suffering.
111. From the time of his arrest until the time of his death, and throughout his
detention, Decedent Thomas was conscious and aware of the beatings and other
112. On behalf of the Estate of Terelle Thomas, Sherelle Thomas, Administrator of the
Decedent’s Estate, brings this action under the Pennsylvania Survival Act, 42 Pa.
C.S.A. Section 8302, and claims for Terelle Thomas’s Estate compensation for
all damages suffered by Terelle Thomas and recoverable under the statute by
reason of the grievous bodily injury, mental and physical pain and suffering
WHEREFORE, the Estate of Terelle Thomas demands judgment in its favor and
against Defendants, individually and/or jointly, and requests all appropriate relief, in an
limited to, compensatory damages, court costs, attorneys fees and all other relief as the
Respectfully submitted,
27
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 28 of 58
EXHIBIT A
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 29 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Loca ion of Occ ence A in e ec ion of S 15TH ST / SWATARA ST (DJ: 12-2-05; Zone: 513)
Ca e S a : OPEN Ye Folde
No De ec i e
Highe Ranked C ime: 780-113-A30 CSDDCA-MAN/DEL/POSS W INT TO DEL SUB, BEING UNREG J . P ob.
D. A.
O he :
Vic im
Di e
Name - ( La , Fi , Middle )
1
HENDERSON, THERESEA N
Men ioned
Name - ( La , Fi , Middle )
1
THOMAS, TONYKA
Name - ( La , Fi , Middle )
2
THOMAS, MARY
Pa enge
Name - ( La , Fi , Middle )
1
WILKERSON, JAY
Page 1 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 30 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
1 A e ee
Page 2 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 31 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Po e
Role: EVIDENCE
Ca ego : CREDIT CARDS AND CHECKS
T e:
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Role: EVIDENCE
Ca ego : DRUG CLASS
T e:
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Role: EVIDENCE
Ca ego : DRUG PARAPHERNALIA
T e:
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Role: EVIDENCE
Ca ego : DRUG PARAPHERNALIA
T e: MISCELLENOUS
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Page 3 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 32 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Role: EVIDENCE
Ca ego : ELECTRONICS
T e:
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Role: EVIDENCE
Ca ego : MISC
T e:
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
Role: RECOVERED
Ca ego : CLOTHING, FURS
T e: JACKET
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
1 1 002102044
Role: RECOVERED
Ca ego : CLOTHING, FURS
T e: SHIRT
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
1 1 002102045
Role: RECOVERED
Ca ego : CLOTHING, FURS
T e: SHOES
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
1 1 002102043
Page 4 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 33 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Role: RECOVERED
Ca ego : CLOTHING, FURS
T e: SOCKS
#' A icle B and / Model Se ial #/NIC # Colo Q an i Val e
1 1 002102046
Page 5 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 34 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Na a i e( )
On 12/14/19, I as in f ll SCU niform of the da operating an nmarked Harrisb rg Cit Police Vehicle. M
partner for this date as APO Kinsinger.
At appro imatel 1815HRS, I obser ed a Jeep parked at the intersection of S 15th ST/ S atara Street. A male
e ited the passenger seat and alked est bo nd on S atara Street. As I circled the area to see if this male as
meeting ith someone, I as tra eling north bo nd on Dais Street and obser ed the male, ho as later
identified as Ja Wilkerson, alking back to ards the Jeep after lea ing the area to the rear of Q eenies Bar.
Immediatel after seeing this male, I obser ed another male, later identified as Terelle Thomas, alking q ickl
from the rear of Q eenies Bar as ell. When Wilkerson as lea ing, it appeared as if he as la ghing and ha ing
a con ersation ith Thomas. I as able to position m ehicle to tra el so th bo nd on S 15th St, to ards
S atara Street. In doing so, I obser ed the Jeep fail to come to a complete stop at the stop sign at S 15th ST/
S atara Street. A traffic stop as cond cted in the area of S 17th ST/ Holl Street.
Upon approach, the dri er as identified as Theresea Henderson. The passenger as identified as Ja
Wilkerson. As I ent to identified Terelle Thomas, he spoke to me like he had "cotton mo th". When I asked him
his name, he talked as if he had a large amo nt of an nkno n item inside of his mo th. As I looked at him, I
co ld see strands, almost g m and paste like, forming in his mo th as he is talking to me. From m kno ledge,
training, and e perience, this beha ior is common for indi id als ho ha e ingested an item to conceal it from
police. I notified m partner, APO Kinsinger, that I belie ed Thomas as concealing something in his mo th and
to detain him. APO Kinsinger as able to detain Thomas and elled for him to spit o t the items inside of his
mo th. Where Thomas did spit as a hite liq id that resembled crack cocaine attempted to be s allo ed. As
other nits arri ed on scene, both Wilkerson and Henderson ere detained.
After Henderson and Wilkerson ere detained, I as able to go and speak to Thomas. Thomas's mo th indicted
to me that he had ingested a large amo nt of cocaine. His lips ere completel pasted hite. His tong e and spit
ere hite and forming a large amo nt of paste inside of his mo th. Thomas's face appeared to be co ered in a
hite po der s bstance. I did erball mirandi e Thomas, to hich he stated he nderstood his rights. Thomas
stated the onl dr g's he had on him as a small amo nt of marij ana. He stated that he j st ate a cand
cigarette and that is h his lips ere so hite. As APO Kinsinger as searching Thomas, he n ipped his black
hoodie in m presence. In doing so, small crack cocaine rocks did fall o t of Thomas's shirt.
I did erball mirandi e Wilkerson. He ad ised he nderstood his rights. Wilkerson stated that he did not ha e
an thing illegal on his person and ad ised that there as nothing illegal inside the ehicle. Wilkerson did gi e
erbal consent to search his person, to hich nothing as fo nd.
I did erball mirandi e Henderson, to hich she stated she nderstood her rights. Henderson stated she did not
kno of an dr gs inside the ehicle. She did gi e erbal consent to search the ehicle, hich is registered to her.
Henderson also pro ided erbal consent to search her person, hich no illegal items ere fo nd.
A search of the ehicle as cond cted. Where Thomas as sitting, m ltiple crack cocaine rocks ere located on
the seat and on the floor. These rocks ere collected for e idence.
Page 6 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 35 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
- In his hand hen APO Kinsinger as detaining him, $130.00 in US c rrenc (5) $20.00; (3) $10.00.
- In his pocket $230.00 in US c rrenc (1) $50.00; (9) $20.00
- One Sams ng cell phone
- One digital scale ith cocaine resid e, f nctioning.
- One clear plastic baggie
- One clear plastic baggie ith marij ana inside of it
It sho ld be noted that d ring the search of the ehicle and all occ pants of the ehicle, there as no
paraphernalia that s ggested crack cocaine se (IE crack pipes, p sh rods, chor bo ). F rthermore, there ere
no cand cigarettes inside the ehicle or on an occ pants.
Thomas as transported to the Central Booking Center b Officer Carriere. Prior to transport, Cpl Johnsen
ad ised that Thomas ad ised him that he did not eat an illegal items.
At base, all e idence as logged into secondar e idence. The dr gs ill be sent to PSP lab for f rther anal sis
and official eight. The cell phone ill be kept in e idence for a search arrant to be cond cted. The mone
fo nd on Thomas ill be sent for ION scan.
After Thomas as transported to the Central Booking Center, I as ad ised that he had a sei re and needed to
go to the Harrisb rg Hospital. I as ad ised that Lifeteam personal that the had s cked 40ml of cocaine o t of
Thomas hile enro te to the hospital that he had ingested.
Page 7 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 36 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
SUPPLEMENTAL REPORT
On 12/14/19 at abo t 1822 ho rs I responded to the area of S 17th and Holl streets to assist on a traffic stop
cond cted b Officer Foose. Upon arri al I fo nd that Probation Officer Dan Kinsinger had the rear seat
passenger detained ho as Terelle Thomas. Officer Foose as in the process of detaining the dri er, Theresa
Henderson. Officer Foose req ested that the front seat passenger, Ja Wilkerson also be detained.
PO Kinsinger ad ised that he tho ght Thomas had ingested crack cocaine d e to a hite po der s bstance
aro nd Thomas's mo th. There as also crack remnants in the back seat of the ehicle. I asked Thomas m ltiple
times if he ingested an thing and he insisted that he did not and that the hite on his mo th as from a cand
cigarette. I ad ised him that if he did ingest something e needed to kno so that e co ld inform medical staff
beca se he co ld possibl die. Thomas again insisted that he did not ingest an thing.
I also spoke ith Wilkerson and Henderson. Both indi id als stated that the did not see Thomas ingest an thing
and did not kno that he had crack.
I remained on scene ntil Thomas as transported b Officer Carriere. At that time Henderson and Wilkerson
ere free to lea e.
On 12/15/19 at abo t 1420 ho rs Ton ka L garo came into the lobb stating that she as Thomas's sister. She
as req esting Thomas's propert . I told her that an propert e did ha e o ld be na ailable ntil d ring the
eek. She nderstood. She also asked hat happened beca se she did not kno . I ad ised her on the basics of
the incident. She also pro ided me ith her mothers information, Mar Thomas in case an one needed to be
contacted again. I as then able to look p the case and also spoke to Officer Foose. All of the propert that as
in Thomas' possession is e idence in this case. I called Ton ka back and ad ised her of this information.
Page 8 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 37 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
On 12/14/2019 I as on d t in f ll niform assigned to the Harrisb rg Police Ho sing Unit and operating marked
police ehicle 297. At appro imatel 1822 ho rs, I responded S. 17th St. and Holl St. to assist PO Foose ith a
traffic stop. Upon arri al I assisted APO Kinsinger ith sec ring Terelle Thomas as he cond cted a search of his
person.
I as ad ised b PO Foose that she belie ed Mr. Thomas ingested crack cocaine and he erball denied it
se eral times hen asked in m presence. A small bag of s spected marij ana b ds and a digital scale ith hite
po der resid e on it ere located in Mr. Thomas' pockets. I remained ith Mr. Thomas as officers cond cted a
search of the ehicle. I obser ed a hite po der s bstance co ering Mr. Thomas' lips and he contin ed to den
ha ing ingested crack cocaine. I informed him that it as important for s to kno hat he ingested for his safet
in the e ent that it o ld ha e an ill affect on his health. He ref sed to tell me hat he ingested.
D ring m interaction ith Mr. Thomas he appeared conscio s and as able to speak ith me in a coherent
manner. I asked him on t o separate occasions if he as feeling oka and he stated that he as oka . I closel
obser ed him hile on scene and his condition did not appear to orsen. It as determined that PO Carriere
o ld transport Mr. Thomas to the Da phin Co nt Booking Center and I bro ght him to the caged compartment
of marked police ehicle 206. This concl ded m interaction ith Mr. Thomas and I cleared from the scene. There
is nothing f rther at this time.
End 123 .
Page 9 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 38 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
On Sat rda 12/14/19, I as orking in f ll Police niform operating marked nit 207 assigned to
District 7 of Harrisb rg Cit . At aro nd 1822 hrs I responded to the area of N 17th and Holl Sts to
assist Officer Foose ith a traffic stop. Upon arri al Officer Foose had 3 indi id als detained for a dr g
in estigation after the stop. Officer Foose as q estioning a TerelleThomas ho as a passenger
ithin the ehicle. I obser ed that Thomas had a large amo nt of hite resid e aro nd and on his lips.
Officer Foose ad ised me that she belie ed that Thomas had eaten crack cocaine. She ad ised me that
Thomas had told her that the hite resid e on his lips as from him eating cand cigarettes. I asked
Thomas hat the s bstance on his lips as again, and he stated "cand cigarettes, the kind that come
in a bo ". I assisted Officer Foose ith completing the search of the ehicle. Crack cocaine as in plain
ie on the rear passenger seat. There as no bo of cand cigarettes to m kno ledge that ere
located inside of the ehicle or on Thomas' person. While I as on scene, Thomas ne er stated that he
ate crack cocaine, and he did not act as if he as nder the infl ence of an thing, or seemed to
becoming ill. I cleared the scene and this ended m in ol ement ith this incident.
175 tjb
Page 10 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 39 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
*T R * 12/14/19 18:47
19-1214-033-002
On Sat rda 12/14/19 at 1847 hrs, I transported Terelle Thomas from the area of S 17th St and Holl St to the
Da phin Co nt Booking Center. I as in f ll Police niform. I as orking on Patrol as the district 6 Officer. I
as operating nit 206.
Prior to the prisoner transport, Officer Foose ad ised me that the prisoner, Terelle Thomas, ma ha e ingested
crack-cocaine, b t he had been den ing do so. I took possession of Thomas. I asked him if he ingested crack-
cocaine and he told me that he did not. I placed him in the rear prisoner compartment of nit of 206. He told me
that he as hot and asked me to lo er the indo for him. I did so. I ens red that the camera as acti ated. He
as handc ffed behind his back. I did not sec re him ith a seat belt beca se the seat belt receptacle is not
f nctional. I started the transport at 1847 hrs. The starting mileage as 14625.9. I arri ed at the booking center at
1853 hrs. The ending mileage as 14627.9. I contin ed to check on Thomas thro gho t the transport. He told me
that he as oka . I asked him if he had medical conditions. Thomas ad ised me that he s ffers from a sei re
disorder.
Once at the booking center, I ad ised the booking staff of Thomas' conditions. I ad ised that ma ha e
s allo ed crack-cocaine. He as seen b medical staff at the booking center and as cleared to sta . The
booking staff asked him se eral times if he ingested crack-cocaine. Again, he denied doing so.
Later in the e ening, I as ad ised that Thomas had a medical emergenc at the booking center and as
transported to Harrisb rg Hospital. I sent an email to Sergeant Abromitis and req ested for the transport ideo to
be sa ed.
Page 11 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 40 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
Page 12 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 41 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
I arri ed to the booking center at aro nd 0430 ho rs and made contact ith the on staff s per isor
ho ga e me Thomas' propert . I ret rned to base ith the prisoner propert , hich incl ded the
follo ing items: A black jacket, a black Nike s eatshirt, a pair of black socks, and Timberland boots. All
of these items ere packaged, placed and logged into the secondar e idence room, stored in locker
23. The propert log as pdated appropriatel .
END DMC 60
Page 13 of 13
Ci of Ha
Case 1:02-at-06000-UN i b g,
Document 630B Filed
ea 07/10/20
of Police
Page 42 of 58
123
Waln S
Ha i b g PA, 17101
717-255-3131
Ca e N mbe : 19-1214-033-002 ORI #: PA0220200
1 Vic im
3 Men ioned
5 Pa enge
EXHIBIT B
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 44 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 45 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 46 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 47 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 48 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 49 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 50 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 51 of 58
Case 1:02-at-06000-UN Document 630 Filed 07/10/20 Page 52 of 58
EXHIBIT C
Harrisburg police took man who swallowed crack to jail but he ‘should have received urgent medical careʼ mayor - pennlive.com.pdf
Case 1:02-at-06000-UN
SavedDocument 630
to Dropbox • Mar Filed
24, 2020, 11H03 07/10/20
AM Page 53 of 58
Advertisement
Advertisement
Terelle Thomas, 31, spent nearly an hour at the Dauphin Meet Pretty Asian
Women In
County booking center before he collapsed. He was then Philadelphia
Asian Date
taken to a hospital, where he died three days later.
Pennsylvania Gov.
Tom Wolf to order
statewide shutdown
over coronavirus
Pennlive
Advertisement
“The death is a tragedy and I feel very sorry for Mr. Thomas’
family,” Papenfuse said. “In retrospect, he should have
received urgent medical care, and I deeply regret that he did
not.”
Advertisement
“He had family and people who loved him,” she said in a
phone call, declining to provide her name. “He had his
diploma. He was very intelligent and he was working toward
goals. That’s all anyone needs to know.”
Advertisement
Some drug couriers carry drugs inside their bodies, but they
usually try to package the drugs securely in advance to
avoid leakages. But that’s not the case for people who
swallow drugs during a traffic stop or while running from
police, Marino said.
Maliaka Evans, 53, who died Feb. 2, 2019 of natural causes, which
prison officials described as a pulmonary embolism.
Emily E. Endrizzi, 39, who died March 11, 2019 of suicide.
James Macaulay, 45, who died March 21, 2019 of suicide.
Ty’rique Riley, 21, who died July 1, 2019, from an illness he had prior to
his arrest. The coroner ruled the death “natural” from: cerebral
vasculitis/encephalitis, thromboemboli and rhabdomyolysis. The
vasculitis to the brain was consistent with cocaine usage or infection,
according to officials.
Note to readers: if you purchase something through one of our affiliate links we may earn a
commission.
© 2020 Advance Local Media LLC. All rights reserved (About Us).
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used,
except with the prior written permission of Advance Local.
Community Rules apply to all content you upload or otherwise submit to this site.
Ad Choices