Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01254-Gl\/IS Document 104 Filed 06/14/2006 Page 1 of 3
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, III )
Plaintiffs, l
v. l C.A. N0, 04—1254·Gl\/IS
CITY OF WILMINGTON, JOHN l JURY TRIAL DEMANDED
CIRITELLA, THOMAS DEMPSEY and )
MATTHEW KURTEN, )
Defendants,. l
AE§Q_AVIT OF DEBORAH DONOHUE
COUNTY OF NEW CASTLE )
STATE OF DELAWARE l SS:
Deborah Donohue being iirst duly swom, deposes and says that:
1. I am a Sergeant with the Wilmington Police Department and held that same rank
on September 13, 2003,
2. On the evening of September 13, I was in a marked police car proceeding
southbound on Washington Street in Wilmington when a motorist flagged me down and told me
there was an incident involving other officers behind me on Washington Street, i made a u—turn
on Washington Street at llth Street and proceeded north on Washington Street toward the scene.
3. I then observed what appeared to be a struggle between two uniformed police
officers and an unknown male. I observed the unknown male enter the patrol car used by the
two officers and heard what sounded like a shot being tired. At this time I heard a radio
broadcast from one ofthe officers: "He’s got the car" or words to that effect,
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Case 1:04-cv-01254-Gl\/IS Document 104 Filed 06/14/2006 Page 2 of 3
4. The stolen police car sped south on Washington Street and I made a u»mnr to
follow. I may have made contact with the stolen police car as it passed by me. I followed the
stolen police car southbound on Washington Street.
5. At 7th and Washington Streets the stolen police car made a right hand turn and
headed west on 7th Street. Seventh Street is a narrow one—·way eastbound street. The stolen
police ear was therefore heading against traffic. I followed the stolen car on 7th Street and
observed three vehicles heading eastbound on 7th Street (the correct direction_ pull over to the
side to avoid being hit by the stolen police car.
6. At the intersection of 7th and Monroe Streets the stolen police car made a left
hand turn and headed southbound on Monroe Street. A Wilmington detective’s car was on
Monroe Street at the north side of the intersection of 7th and Monroe Street. It followed the
stolen police car southbound on Monroe Street and became the lead car in the chase.
7. During the period that I was the lead car in the pursuit (described above) I
observed the stolen police car to be traveling erratically and in excess ofthe posted speed limit.
{ /Mm/L
Deborah Donohue
SWORN to and subscribed before me this
7%% day of June, 2006.
.;1`/ll./’E: . Q l " Q 4;% é
@ary
ESARBAF-QA A. WHEELER
Notary Public — State of Delaware
l\/ly Comm. Expires June 20, 2005
2
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Case 1:04-cv-01254-Gl\/IS Document 104 Filed 06/14/2006 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on June 14, 2006, I electronically tiled the foregoing document with
the Clerk of Court using CM/ECP which will send notification of such tiling(s) and Hand
Delivered to the following:
Kester LH. Crosse, Esquire
Williams & Crosse
1214 King Street
Suite 300
Wilmington, DE 1980l
I hereby certify that on June I4, 2006, I have sent by U.S. Regular Mail, the foregoing
document to the following nornregistered participants:
Anne T. Sulton, Esquire
Post Office Box 2763
Olympia, WA 98507
in A. Parkins, Ir. (#85 '
’1chards, Layton & Fi er ’ .A.
One Rodney Square
P.O. Box 551
Wilmington, Deiaware 19899
(302) 651-7700
[email protected]
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