Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01254-Gl\/IS Document 102 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, III )
Plaintiffs, l
v. i C.A. No. 04—l254—GMS
CITY OF WILMINGTON, JOHN I JURY TRIAL DEMANDED
CIRITELLA, THOMAS DEMPSEY and )
MATTHEW KURTEN, )
Defendants. I
AFFIDAVIT OF DONALD DEMPSEY
COUNTY OF NEW CASTLE )
STATE OF DELAWARE l SS:
Donald Dempsey, being first duly sworn, deposes and says that:
1. I am a Master Corporal with the Wilmington Police Department. On September
13, 2003 was a Senior Corporal with the Wilmington Eolice Department.
2. On September 13, 2003 I was on patrol when I head I6 Charles’s officer—needs—
assistance radio broadcast followed by a broadcast that shot or shots had been tired and that the
suspect was in control of l6—Charles’s patrol car. I also heard the broadcast description of the
route being taken by the stoien police car on Wilmington Police radio.
3. I drove southbound on Jackson Street toward Fourth Street. Upon arrival at
Fourth and Jackson I observed the stolen police car heading west on Fourth Street. The stolen
police car was followed at some distance by other Wilmington Police cars. I recall that at that
time the lead car in the pursuit was a detective’s car.
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Case 1:04-cv-01254-Gl\/IS Document 102 Filed 06/14/2006 Page 2 of 4
4. I immediately made a right hand turn onto Fourth Street and followed the stolen
police car heading west on Fourth. I was now the lead car in the pursuit.
5, The stolen police car next turned right onto VanBuren Street and headed north. I
followed. The stolen police car next turned left onto Fifth Street, heading west. Again I
followed, I was still the lead car in the pursuit.
6. In the tl00 block of West Fifth Street the stolen police car slowed and appeared
to be stopping, at which time I stopped my vehicle and started to get out of the car. At this point,
the suspect in the stolen police oar began again to drive west on Fifth Street, whereupon I
immediately got back into my car.
7. About this time I noticed what appeared to be a red detective car blocking at least
part of Fifth Street where it intersects with Harrison Street.
8. The suspect again slowed and appeared to be stopping as he approached Harrison.
I saw Detective John Ciritelia on the northern sidewalk of 5th Street near where it intersects with
Harrison, and I heard him shouting to the suspect in the stolen police car to stop the car.
9. All of a sudden, the suspect accelerated the stolen police car and drove directly as
Detective Ciritella. I now believed Detective Ciritellafs life to be in danger. I immediately got
out of my car and I heard gun shots as I got oat.
IO. I next observed the stolen police car drive on the sidewalk at the northwest corner
of 5th and Harrison Streets. At this point the stolen police car hit a Jeep parked on the eastern
side of Harrison Street. I saw the stolen police car pushed the Jeep out of the way and turned
right on to Harrison Street.
ll. I saw the stolen police car head north on Harrison Street pursued by ofticers on
foot. I heard a brief period of gunshots as the car proceeded on Harrison before I observed the
2
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Case 1:04-cv-01254-Gl\/IS Document 102 Filed 06/14/2006 Page 3 of 4
stolen police car stopl At no time after the car stopped did I hear any gunshots or observe
anyone shooting at the car,
I2. I next observed Detective Ciritella reach into the stolen police car and appear to
put the car into park as it was drifting at that time I also observed officers remove the suspect
from the driver’s side and begin CPRN At this time I radioed that we needed and ambulance at
our location.
I3. I did not observe any police cars or officers north of the stolen police car on
I—Ian·ison Street until after the incident was over. Although I drew my weapon from my holster, I
did not fire any shots during this incident.
Donald Dempsey E 5
SWORN to and subscribed before me this
77% day ofllune, 2006
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Notary Public
BARBARA Ai WHEELER
Notary Public - Stale oi Delaware
ll/ly Comm Expires June 20. 2006
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Case 1:04-cv-01254-Gl\/IS Document 102 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/ECP which will send notification of such filing(s) and Hand
Delivered to the following:
Kester LH. Crosse, Esquire
Williams & Crosse
1214 King Street
Suite 300
Wilmington, DE l980l
I hereby certify that on 5 une I4, 2006, I have sent by U.S, Regular Mail, the foregoing
document to the following non~registered participants:
Anne T. Sutton, Esquire
Post Office Box 276.3
Olympia, WA 98507
( I
ti-. /
6 A. Parkins, J (#859
`chards, Layton & Finger, PA,
One Rodney Square
P.O. Box 551
Wilmington, Delaware 19899
(302) 65l»'/700
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