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Incident Report - Search sexual assault (Hagstrom), Metro-Davidson Co TX, 2013

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INCIDENT INVESTIGATION REPORT
Facility:

Metro-Davidson County

Date ·of Investigation:

Incident Number:_ 2013-0107-009-PREA

01/21/2013

Michael Davis

Investigajor Name: ·

1. W��e au ·witnesses and_ participants inten:i_ewed:

I

(If o, Explain below)

Yes

Spoke to all witnesses and participants, verbal and written statements were consistent. Potential inmate
witnesses refused written statements citing potential retaliation from participants but provided brief verbal
statements when granted anonymity.
II

5-lA, 5-lCs, IRD archive, Jail Management System (JMS) database, Offender Management System (OMS)
database, Tennessee Offender Management Information System (TOMIS) database, inmate records, inmate
disciplinary history, Security Threat Group (STG) files, inmate visitation, inmate telephone system call
logs, inmate job roster, inmate work schedule
3. Were any. ofthe inmates/residents
(witnesses
.
- . or participants) -involved suspected or validated.
. ,

gang me�bers? I No

4. Is there �any inqi�ation that the incident was STG related?
.

,.,_. I

o (If Yes, Explain Below)

.

5. Is there
any indication that the incident involved
terrorist threat/activity?
.
,
.

6. Aiiy in�ications ofpolicy, procedure, or practice violations?

,

o (IfYes, Explain Below)

o (If Yes, Explain Below)

7. Sufnma_rv of findings (Including: new, different, or .conflicting information btainedfromp�icipants
and witnesses, documents, or physical evidence. Describe the fore� used and s eci!Y- !he_typ�; i.e. phy�ica"I_
_
mechanica\ restraints, pressure appli?atio�s,-chemical ageri£s,· etc

�olds.,

r

This incident is associated with Incidents 2013-0107-010-PREA and 2013-0107-011-PREA.
This investigation was initiated after receiving a PREA notification from Shift Supervisor (S/S) Hilligoss.
On 01/13/2103, at approximately 02:41 hours SIS Hilligoss was reviewing the PREA line and discovered
multiple calls made to the line.

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2/3/11

INCIDENT INVESTIGATION REPORT

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The calls, six (06) in total, were made on 01/12/2013 between 14:48 and 15:08 hours. Three of the calls
were hang-ups with no message. All calls originated in Unit Bravo, telephones B-1 and B-3.
The first recorded call was anonymous. The call was made at 14:49 hours. The caller identified himself as a
2AM to 10 AM kitchen worker. The caller alleged that C01rectional Officer (C 0) Hagstrom, during a frisk
search, was feeling his genitals. The caller was identified as Dwayne Smith OCA # 0314436 by reviewing
the facility security camera system (PELCO) at the time of the call. D. Smith alleged the search took place
on 1/12/2013 at 09:30 hours.
The second recorded call was also anonymous. The call was made at 15:06 hoUiis. The caller alleged the
same thing as the first call. The caller was identified as Harold Wilson OCA # 0408751 by PELCO.
Wilson states he was searched on 1/12/2013 at 14:00 hours.
The third and final call was made at 15:08 hours. The caller identified himself as Maurice Smith. Smith
stated that he was making a complaint against C/0 Hagstrom. Smith stated that he felt he was being
sexually assaulted during search procedures when leaving the kitchen. Smith states he was searched on
1/12/2013 at 12:50 hours.
A PELCO review confirmed searches of all three inmates within fifteen (15) minutes of the times reported
by the inmates. In review all searches were conducted professionally and by Policy. The inmates did not
react on camera as being distressed by the searches in any way.
Fifteen (15) inmates (potential witnesses) were identified and interviewed. All refused written statements
but cooperated verbally with the investigation. All inmates stated or affirmed that "Hagstroms searches are
a little strong, ya can't steal anything anymore,Hagstroms a good officer, Hagstrom knows. what hes doin,
and they don't like him because he is <loin his job".
During the inmate identification. prncess.,it was noted that all three callers. were observed on PELCO
together, prior to, and during the calls. Each call was made one after the other with discussion among the
three inmates. The behavior of the inmates during the calls indicate the calls and content were agreed to
and planned.
Each inmate, during the interviews, described a well conducted frisk search. Each inmate claimed incidental
contact by the forearm or back of the hand to their genital area. Each inmate expressed a desire to "get out"
(quit) of the kitchen.
Metro Sex Crimes Unit declined to per sue this incident.
Michael Davis
IJ?ate:·

Title: Investigator

I o 112112013

Reviewed and Electronically Signed By:
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INCIDENT INVESTIGATION REPORT

Name ~~- ·~,

....
·.~;! ~-

.

-

-.

-~

· Job

Title

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Jnate an~ Time sjgned

Michael E Davis

INVESTIGATOR

01/30/2013 06:20 hrs.

Yolanda Pittman

CHIEF OF SECURITY

01/30/2013 09:51 hrs .

WARDEN

01/30/2013 16:14 hrs.

Blair J Leibach

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