Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01254-Gl\/IS Document 105 Filed 06/14/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SMITH, JR., and ROSLYN )
WOODARD SMITH, individually and as )
Administrators of the ESTATE OF HARRY )
SMITH, HI )
Plaintiffs, l
v. l C.A. No. 04»l254—GMS
CITY OF WILMINGTON, JOHN l JURY TRIAL DEMANDED
CTRITELLA, THOMAS DEMPSEY and )
MATTHEW KURTEN, )
Defendants. l
AFFIDAVIT OF DONNA DICLEMENTE
COUNTY OF NEW CASTLE )
STATE OF DELAWARE l SS-
Donna DiClemente, being first duly sworn, deposcs and says that:
I. I am a Detective with the Wilmington Police Department and was employed in
that capacity on September I3, 2003.
2. On the September 13, 2003, I was a passenger in a tan detective’s car driven by
Detective Michael Lawson. We heard l6—Charles broadcast on the police radio that an officer
needs assistance and immediately responded to that call. Very shortly after the oflicer—needs—
assistance call, l6—Charles broadcast “shots~lired" and "he’s got the car" or words to that effect.
Almost immediately thereafter I heard a broadcast of the route being taken by the stolen police
car. When we heard that the car was heading southbound on Washington Street we drove
southbound on Monroe Street so as to parallel the route taken by the stolen police car.
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Case 1:04-cv-01254-Gl\/IS Document 105 Filed 06/14/2006 Page 2 of 4
.3. At the intersection of 7th and Monroe i saw the stolen police car was heading
west on Seventh Street (a one—way eastbound street) and inake a left—hand turn and headed south
onto Monroe Street. The stolen police car appeared to be traveling at an excessive speed and
harley was able to make the turn onto Monroe.
4.. As the stolen police car drove south on Monroe it ran a stop sign at 6th Street and
again at Sth Street. At the intersection of 4th and Monroe the stolen police car ran a red light and
made a right hand turn onto 4th Streetr The stolen police car then proceeded west on Fourth
Street.
5. We followed the stolen police car on 4th Street. The suspect was driving the
stolen police car very aggressively and erratically. He was swerving and nearly struck some
parked cars.
6. A gap opened up between our car and the stolen police car. A marked
Wihnington police car which was headed southbound on Jackson Street took a right hand turn
onto 4th Street and followed the stolen police car westbound. (I now understand that this police
car was driven by Ofiicer Donald Dempsey). We continued to follow, and were now the second
car in the pursuit.
7. The stolen police car turned north on VanBuren followed by Officer Donald
Dempsey and our car and perhaps others. The stolen police car then made a left hand turn on Sth
Street and proceeded west on Sth towards l~lairison. It was followed first by Officer Dempsey,
then our car and perhaps others.
8. The stolen police car appeared to be stopping on Sth Street, and I began to get out
of my vehicle. As a result any attention was nionientarily diverted. I observed the stolen police
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Case 1:04-cv-01254-G|\/IS Document 105 Filed 06/14/2006 Page 3 of 4
car traveiing north on I—la1·rison Street and beard several gunshots. I did not observe who tired
the shots.
9. I approached the stolen police car on the passenger side, At that point, I was
behind Detective Ciritetla. I immediately ran behind the rear of the police car and assisted
Detective Lawson in removing the suspect from the stolen police car. I proceeded to check if the
suspect had a pulse. He did not have a pulse and he did not appear to be breathing., The suspect
was unresponsive., I began CPR on the suspect and continued those efforts until the New Castle
County Paramedics arrived on the scene.
I0, At no time, however, did I tire my weapon during this incident.
lt. At no time did I see or hear anyone shoot at the stoten police car after it stopped
til util th
Donna DiCle1ne1ite
SWORN to and subscribed before me this
7 7% day ofllune, 2006.
Notary Public
BARBARA A. WHEELER
Notary Public — State of Delaware
il/ly Comm. Expires June 20, 2005
3
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Case 1:04-cv-01254-Gl\/IS Document 105 Filed 06/14/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on June 14, 2006, I electronically filed the foregoing document with
the Clerk of Court using CM/EC}? which will send notification of such fi1ing(s) and Hand
Delivered to the following:
Kester LH, Crosse, Esquire
Williams & Crosse
1214 King Street
Suite 300
Wilmington, DE 19801
I hereby certify that on June 14, 2006, I have sent by U.S. Regular Mail, the foregoing
document to the following non—registered participants:
Anne T. Salton, Esquire
Post Office Box 2763
Olympia, WA 98507
,1, l Qu.
J hnA. Parkins, Jr.( 859)
chards, Layton & Finger, .A,
One Rodney Square
RO. Box 551
Wilmington, Delaware 19899
(302) 651-7700
Parkins@r1f,c0m
air 1 -3025181 -i