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HomeMy WebLinkAboutTennant - Documents Huntington Beach Police Department Page 1 of 1 Create: 11/28/2020 14:11:13 Event #: P20132411 Nature: C6 - OUT TO INVESTIGATE Priority: 8 Location: 2000 MAIN ST HB Beat: 4 RD: 431 R/P Name: 5Y R/P Address: R/P Phone: Misc Info: Loc Phone: Case Number(s): R20013400 Event Remarks: 11/28/2020 14:11:40 REQ PD VIA T21 11/28/2020 14:11:50 CORR...DR VIA T21 11/28/2020 15:21:39 DISPO >>Unid=[NARC] Quantity=[1] Dispo=[R] 11/28/2020 15:21:40 Supplement Info Added Unit ID: DISP Emps: DP: 14:11:18 EN: AR: AV: 14:13:25 Unit ID: NARC Emps: DP: 15:21:30 EN: AR: 15:21:31 AV: 15:21:40 Officer Disposition Unit Dispo Quantity Remarks NARC R 1 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED 11/28/2020 14:11 09/20/2020 15:39 Date/Time Discovered 09/20/2020 15:39 2000 MAIN ST, HUNTINGTON BEACH, CA 92648 Incident Information Date/Time Reported Date/Time Occurred Officer Supervising OfficerIncident Location Case Status Disposition : @PD Location Comments 4 431 Beat Reporting District YES BWC / Digital Evidence Charges 1 Description Statute UCR IMPERSONATE ANOTHER THROUGH ELECTRONIC MEANS OR INTERNET 528.5 PC 26C Att Com   Charge Type Alcohol, Drugs or Computers Used AlcoholDrugsComputers Location Type OTHER/UNKNOWN Premises Entered Forced Entry YesNo Entry Exit Criminal Activity Weapons 1. 2. 3. State Bias Motivation Bias Target Bias Circumstances Hate Group Page 1 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED Notes/Narratives On 11/28/2020 at 1400 hours, I met with regarding an incident involving false personation, a violation of California Penal Code 528.5. alleged that an unknown suspect utilized his personal information, without his consent, to impersonate him on a dating website for the purposes of harming and/or intimidating him. The following is a synopsis of my interview with On 9/20/2020 at 1539 hours, received a text message from a phone number he did not recognize. replied to the message in an attempt to identify the sender and reason for the contact. The sender explained that he was responding to an adult personals post on a classified advertisements website identified as DoubleList.com. The sender provided with a screenshot of the post which was advertised in the group "guys for guys" in the "Orange County" area. Below is the content of the post: "Bottom hosting Heyyyy guys Roommate gone for the day. Looking to host a sexy top. Send me pics! Details: 26 years old, in Orange County." I identified DoubleList.com as an alternative to Craigslist classifieds. Registered users can post adult personal advertisements in groups of various sexual orientation for specific cities and/or areas. Users can respond to the advertisements directly through the post. Replies are transmitted through email. Based on my training and experience in the field of vice, I recognize the contents in the post listed above as language commonly found in adult personal advertisements. "Bottom hosting" is a term commonly used in gay male advertisements in reference to assuming the bottom position during sexual intercourse. It should also be noted the phone number referenced in the advertisement is . identified this phone number as his personal cell phone. denied creating the post and also denied having a DoubleList.com account. I confirmed that DoubleList.com users are required to register by providing a valid email address. Once registered, users are able to post and view advertisements. I was able to determine that posts to DoubleList.com were oftentimes sexual in nature, suggestive of prostitution, and contained images of pornographic matter. Shortly after the first text message, received a second text message from another unrecognized phone number. The message was sexual in nature and contained an image of two erect penis` touching. Page 2 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED Notes/Narratives replied and determined the message was also in response to the DoubleList.com advertisement. The sender provided with the direct URL to the post: URL stands for "Uniform Resource Locator," and is the address of a specific webpage or file on the Internet. advised that at 1701 hours, he received another text message from an unrecognized phone number in response to the DoubleList.com advertisement. did not respond. created a DoubleList.com account to locate the advertisement. He determined that the advertisement had since been removed from the website. provided me with screenshots of the text conversations, which included the screenshots sent to him of the DoubleList.com advertisement. On 9/26/2020 at 1859 hours, received a text message from an unrecognized phone number stating, "Hey just saw ur ad in dl." A second message from the same sender was received at 2115 hours and stated, "Hey bro where do you host?" recognized this language from the previous text messages in response to the DoubleList.com advertisement. requested a screenshot of the advertisement from the sender. The sender complied and provided a screenshot which contained language similar to the post from 9/20/2020. The current advertisement also included a personal photograph of taken in 2015. believes the photograph was obtained from his Instagram account, which was public at the time. believes this advertisement was a new post to DoubleList.com by the same suspect. advised that he received two additional text messages, and a phone call, all from unrecognized numbers in response to the DoubleList.com advertisement. did not give anyone permission to use his identity or personal information to create a DoubleList.com account or post advertisements on his behalf. Based on my investigation, I formed the opinion that an unknown suspect knowingly and without consent used s personal information, including his cell phone number and photograph, to create a fictitious account on DoubleList.com to solicit sexually harassing communication for purposes of harming and/or intimidating. Page 3 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED Page 4 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED 12/08/2020 13:19:26 ADDITIONAL STATEMENT Supplement Information Supplement Date Supplement Type Supplement Officer Supervising OfficerContact Name Supplement Report On December 4, 2020 I obtained a search warrant for data in the possession of DoubleList.com. The warrant was signed by Honorable Judge Glazier of the Orange County Superior Court, West Justice Center. For further details refer to the search warrant under this DR. . I know through my training and experience that the IP address is assigned to a computer and/or electronic device by the internet service provider (ISP); therefore, customer records can be obtained from the ISP through the appropriate legal process. Once the IP address is identified, investigators can run a query on the website located at . This will identify the ISP which is responsible for the assignment of this IP address to its customers. Page 5 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED Based on my investigation, I formed the opinion that the person responsible for utilizing personal information, including his cell phone number and photograph, to create a fictitious account on DoubleList.com to solicit sexually harassing communication for purposes of harming and/or intimidating, was utilizing IP address under the control of Charter Communications, Inc. IP address is assigned to subscriber Steven Tennant at On February 5, 2021 I spoke with again regarding the investigation. identified Tennant as an officer with the Huntington Beach Police Department and former friend. He further stated the following in summary: In December 2019, attended a Christmas party at another coworker`s residence. Also in attendance were Tennant and his girlfriend, identified as stated this was the first time he had been introduced to Several days after the party, contacted via social media messenger and advised him that she and Tennant had separated. and began to date without Tennant`s knowledge. In August 2020, and Tennant travelled to Big Bear together for a mountain biking trip. Shortly after returning, met with Tennant during working hours in the traffic division of the Huntington Beach Police Department. At that time, told Tennant that he and had been dating. Tennant appeared upset with and told him that he "violated the bro code" or something to that effect. Over the next few weeks, began hearing from other coworkers that Tennant was talking negatively about him behind his back. Allegedly Tennant was telling others, both in person and via social media messenger, that couldn`t be trusted. said he attempted to arrange to meet with Tennant on multiple occasions to discuss things; however, Tennant refused. In early September 2020, stated he was speaking with a citizen outside the front lobby of the police department related to a call for service. observed Tennant walking towards the lobby entrance as another employee was exiting the lobby. alleged that Tennant made a condescending comment to the Page 6 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED other employee as they passed one another about being untrustworthy. This comment was said loud enough for both and the citizen to hear. later sent Tennant a text message requesting that he stop the harassment; however, Tennant did not respond or acknowledge the message. In late September 2020, stated that an unknown suspect knowingly and without consent used his personal information, including his cell phone number and photograph, to create a fictitious account on DoubleList.com to solicit sexually harassing communication for purposes of harming and/or intimidating. Refer to the main crime report for further details on this incident. In late September 2020, stated that he was at the south substation during the course of his normal shift. He left his patrol vehicle laptop on a desk while he used the restroom. The laptop is issued to a specific vehicle and used by an officer assigned to that vehicle throughout the shift. Upon returning, alleged that Tennant was now in the substation, typing on the laptop he had left on the desk. acknowledged Tennant and asked him if he needed to use his laptop for some reason. Tennant did not answer the question, but rather made a comment that was something to the effect of "Did you like your dates?" believes that Tennant was referring to the aforementioned DoubleList.com posting, leading him to believe he was responsible. Frustrated with the on-going harassment, reported the activity to a supervisor of the Huntington Beach Police Department. The complaint is currently under investigation by the Professional Standards Unit. stated that he has not had any contact with Tennant since September 2020. He mentioned that Tennant is suing in small claims court for possession of a dog they owned together. knew that Tennant currently lives in an apartment in but did not know the address and had never been there before. stated that he did not support prosecution for the harassment. I did no further investigation. Page 7 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED 03/09/2021 14:45:20 ADDITIONAL STATEMENT Supplement Information Supplement Date Supplement Type Supplement Officer Supervising OfficerContact Name Suspects Seq. # 1 Type INDIVIDUAL TENNANT, STEVEN Name(Last, First, M) Race Sex DOB M Age 31 Height Weight S/#1203 Tennant AKA Scars, Marks, Tatoos or other distinguishing features Address Home Phone Business Phone Employer Name/Address Physical Characteristics SSNHairEyeEthnicity Email Cell Phone Huntington Beach Resident Occupation Page 8 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED Supplement Report This supplemental report is to add Steven Tennant as the suspect in the associated DR. Page 9 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED 03/11/2021 13:38:37 ADDITIONAL STATEMENT Supplement Information Supplement Date Supplement Type Supplement Officer Supervising OfficerContact Name Supplement Report On March 10, 2021 at approximately 1730 hours, I spoke with via telephone. stated the following: and Tennant were in a dating relationship between 2017-2019. During that time, they purchased a home together and cohabitated. The relationship ended in December 2019 after she learned that Tennant had been unfaithful to her. In August 2020, began dating said they are still currently in a dating relationship. In September 2020, informed Tennant of their dating relationship. Since learning of the relationship, Tennant has been harassing In addition, Tennant filed a small claims lawsuit against seeking possession of a dog they purchased together while they were dating. believes this was retaliatory as the lawsuit was filed the day after he learned she and were dating. said that has kept her informed of the harassment by Tennant. She was aware of the social media messaging where Tennant was telling others that could not be trusted; however, did not see any of the messages and was not included in the conversations. further explained that Tennant blocked her from all social media platforms after learning of the relationship. said that did show her text messages he had sent to Tennant in an attempt to resolve the conflict. was aware of the adult personals advertisement posted to Doublelist.com. She had viewed all of the messages and screenshots that were sent to in response to the advertisement. said that she suspected Tennant was responsible because she knew he had done something similar to others while they were still dating. recalled Tennant bragging about impersonating others to post advertisements to adult personals websites. did not know who he had impersonated or whether this was ever reported. Since September 2020, the only contact has had with Tennant was a text message she sent attempting to remove herself from an auto insurance policy. did not allege any other harassment towards her. I concluded my interview with Page 10 of 11Printed by: (422635) at 12/5/2022 08:43 Incident/Investigation Report Case Number: Huntington Beach Police Department 2020-013400 APPROVED I conducted further investigation into the incident involving and Tennant that occurred in September 2020. During that incident, advised he was speaking with a citizen outside the front lobby of the police department related to a call for service. observed Tennant walking towards the lobby entrance as another employee was exiting the lobby. alleged that Tennant made a condescending comment to the other employee as they passed one another about being untrustworthy. This comment was said loud enough for both and the citizen to hear. The employee exiting the lobby was identified as . I spoke with who advised he had no recollection of the incident. has since retired from the Huntington Beach Police Department. I uploaded several images to Evidence.com containing screenshots related to this investigation that were provided to me by Page 11 of 11Printed by: (422635) at 12/5/2022 08:43 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER -SERGEANT SERGEANT PSU 2020-0050 8:05AM 10-15-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS OFFICE -interview /01-27-21 HBPD PSU 2020-0050 ·-- CRON & ASSOCIATES TRANSCRIPTION, INC. INTERVIEW OF:--PSU NO.: 2020-0050 SERGEANT This is going to be a witness 2 interview with Officer --subject to PSU 3 Investigation 2020-0050. The date of the interview is 4 October 15th, 2020. The time is 8: 05 AM. The location is 5 the Professional Standards Unit office and this 6 investigation is under the direction and command of Captain 7 8 Present in the room are myself, Sergeant 9 Sergeant and Officer - 10 Officer -you are about to be questioned as part 11 of an official Huntington Beach Police Department 12 administrative investigation. You are hereby advised that 13 because you are a witness, provisions of the Government Code 14 generally referred to as the "Public Safety Officers 15 Procedural Bill of Rights," do not apply in this instance. 16 You are reminded Manual Section 1020 requires that you 17 make truthful and complete statements. Any refusal to do so 18 may result in discharge or other punitive action. 19 A representative is not allowed in this interview. You 20 are being interviewed as a witness. 21 You are not under investigation and you have not been 22 charged with any violations. 23 If, during the interview, it becomes apparent you may 24 be subject to discipline the interview will stop, you will 25 be told that your status has changed to that of a subject 2 INTERVIEW OF:--PSU NO.: 2020-0050 and, at that time, you will be entitled to a representative 2 of your choice. 3 In the event you decline to answer questions, you 4 should be advised of your administrative rights as though 5 you were a subject. 6 Officer -if the above admonition has been 7 explained to you and you understand its contents, please 8 sign next to the word "employee." 9 10 --(SIGNS DOCUMENT.) SERGEANT Officer -this investigation 11 involves an incident or incidents that you reported to 12 Sergeant on October 1st, 2020. Did you, in fact, 13 talk to Sergeant on October ist, 2020? 14 15 16 --Idid. SERGEANT And what led to that conversation? --Just a few instances where Officer 17 Tennant did some things at the workplace that I was not 18 happy about. 19 SERGEANT Okay. Where did you talk to Officer 20 or Sergeant 21 --I originally approached him at the 22 heliport and then he brought me into the Sergeant's Office 23 later that day. 24 SERGEANT Okay. And you mentioned that the 25 topic of conversation was incidents you've had with --is it 3 2 3 INTERVIEW OF:--PSU NO.: 2020-0050 incidents, you said, you had with Officer Tennant? --Correct. SERGEANT Okay. Do you work with Officer 4 Tennant? 5 --In patrol; yes. We don't have the 6 same shift. 7 SERGEANT Okay. But do your paths cross in 8 the workplace? 9 10 --Yes. SERGEANT Okay. And let's start with the 11 first incident. Did you have an incident with Officer 12 Tennant in the workplace? 13 --Yeah. The first one --so, do you 14 want me to give the backstory real quick? 15 SERGEANT Sure. Why don't you do that. 16 --Right. Backstory, Tennant was 17 dating a girl named -111111 and last Christmas he 18 brought her to the Christmas Party at Officer ~ house. 19 That was around December 2Jrd. 20 After that --shortly after that they broke up. They 21 had not been together for about eight months or so. She 22 messaged me on social media, we decided to go out for 23 drinks, and then from there we started dating shortly after. 24 25 On --let's see. I just have to bring up the page. SERGEANT Yeah. Feel free to refer to any 4 INTERVIEW OF:--PSU NO.: 2020-0050 dates on your phone or anything you need to do. 2 --So, on the lQth of September, it was 3 getting to the point in the relationship where I figured I 4 should tell Tennant before he finds out from somebody else 5 or anything like that. 6 So, I approached him, in his office in Traffic and, 7 basically, just told him the situation. 8 9 10 11 SERGEANT What did you tell him? --What did I tell him? SERGEANT Uh-huh. --I told him that I was dating II and 12 he, basically, said, "Like did you know that was my ex?" 13 etc., etc. And the biggest thing he was upset about was the 14 fact that he thought I didn't --I wasn't --I didn't come 15 up to him first. He was upset that I didn't ask him for 16 permission, basically. 17 18 19 20 21 SERGEANT Prior to dating her? --Prior to dating her. Correct. SERGEANT Did he say that to you? --Yes. SERGEANT What did he say exactly, if you can 22 remember? 23 --He --so, we went on a trip to Big 24 Bear together in --around August 9th, we went on a trip to 25 Big Bear together. 5 INTERVIEW OF:-- SERGEANT Who is "we"? --Me and Tennant. SERGEANT Okay. PSU NO.: 2020-0050 2 3 4 --This is I had gone on one date with 5 her and it wasn't to the point of like anything serious. 6 SERGEANT Uh-huh. (YES) 7 --So, I went on the trip with Tennant 8 to Big Bear and while I was talking to him, when I told him 9 that me and • were dating, he, basically, said, "How come 10 you didn't tell me at Big Bear? Like were you guys talking 11 in Big Bear?" Which we weren't dating at that point so I 12 said, "No." And then, he, basically, said, "It goes against 13 "Bro Code. That I had to ask him" and repeatedly stated 14 that. 15 SERGEANT Okay. And from that point, that 16 September lQth date? 17 18 --Yes. SERGEANT That you told him, did you have 19 issues with Tennant after that? 20 --He sent me a message that day, 21 basically, saying, "This shows what kind of guy you are. 22 There would have been no problem if you came and talked to 23 me when you first started talking." I told him, "I 24 apologized and I didn't mean to come off as if I was hiding 25 the relationship because I wasn't." There was just nothing 6 INTERVIEW OF:--PSU NO.: 2020-0050 to tell him at that point. 2 But from that night on, I've received several 3 notifications from co-workers that he was either sending 4 messages through like group message, basically, saying that, 5 "I'm shady and I can't be trusted" or just telling them at 6 the station that --like what I did. 7 SERGEANT Okay. And these group text 8 messages, you received information that he was sending those 9 out, or it was alleged, or indicated that you were --or 10 stated that you were shady and couldn't be trusted. 11 Correct? 12 --Yes. Absolutely. 13 SERGEANT Okay. Do you think that's what his 14 opinion was, at that point? --Yeah. SERGEANT Okay. 15 16 17 --He made it very clear to me that 18 that was his take on it. 19 SERGEANT Okay. Did you have any workplace 20 incidents with him since then? 21 --Yeah. The first --the first one 22 was on September 17th. I was outside the PD lobby doors. I 23 was taking a report for a citizen a "see the man" call, 24 and he was turning in some keys. I was speaking to him, 25 kind of facing the PD parking lot, and the citizen was next 7 INTERVIEW OF:--PSU NO.: 2020-0050 to me. A parking control officer was leaving the -the 2 front lobby doors of the PD and Tennant was walking from the 3 parking lot to the front lobby doors. He flagged down the 4 parking control officer. He's like, "Hey, you see that 5 officer right there?" And the parking control officer said, 6 "Yeah." And he goes, "He's shady and he can't be trusted. 7 Don't trust him." 8 SERGEANT Okay. Did you hear that? 9 10 --Yes. SERGEANT How far away was he when he said 11 that from you? 12 13 --lOfeet. SERGEANT Do you think he intended for you to 14 hear him say that? 15 16 --Yes. Absolutely. SERGEANT Who was the parking control officer? 17 --I don't --I'm not sure. I don't 18 know --I don't know his name. 19 20 21 22 SERGEANT What does he look like? --Male white, heavier build. SERGEANT What kind of hair? --Shorter hair. If I --if I saw him 23 I could probably pick him out but I know he worked on that 24 Thursday afternoon. 25 SERGEANT Okay. 8 INTERVIEW OF:--PSU NO.: 2020-0050 -1111111111 And then, the citizen also stopped, 2 to be like --kind of like what was that? 3 SERGEANT And did the citizen say anything to 4 you? 5 -1111111111 No. He didn't say anything to me. 6 He just kind of just was taken back and then I told Tennant, 7 I'm like, "Okay, Tennant, have a good day." 8 SERGEANT Did you have your body camera on 9 when that happened? 10 -1111111111 No. We weren't to the point of 11 recording on every call yet, unfortunately. 12 SERGEANT Did you take a report on the call 13 you were on? 14 15 16 17 18 -1111111111 Yes. SERGEANT Do you remember the case number? -1111111111 I think it was (LOOKING FOR NUMBER.) SERGEANT While you're looking for it, do you 19 remember about what time it was? 20 -1111111111 It was about 3:15 PM. I think the 21 actual time was 3: 1 7. 22 SERGEANT And was it --you said it was a "see 23 the man" call? 24 -1111111111 Yes. Or it was --it was either 25 "see the man" or "found property." He was turning in keys 9 INTERVIEW OF:--PSU NO.: 2020-0050 1 that he found at the park. No. I can't find that. 2 3 SERGEANT Do you remember the citizen's name? -1111111111 No. But if I pulled up I/LEADS, I'd 4 be able to have it for you. 5 SERGEANT Okay. So, basically, September 6 17ili, at about 3:15 PM, the call location was the station? 7 -1111111111 Correct. 8 SERGEANT And it was for "see the man" 9 reference keys being turned in, found at the park? 10 11 -1111111111 Correct. SERGEANT Any other calls that day that would 12 resemble that kind of type call or would that be the only 13 one that day? 14 -1111111111 That would be the only one where I 15 met somebody in front of the PD lobby doors. 16 SERGEANT Did the citizen say anything to you 17 when he heard what he heard? -1111111111 No. 18 19 SERGEANT Okay. What is it that he did? What 20 was the reaction that he gave? 21 -1111111111 He just kind of paused and kind of 22 like moved his head back and like more so, I guess, like 23 disbelief that was said. It seemed to me, at least, that's 24 what I was concerned about was the fact that he kind of like 25 stopped what he was saying and, obviously, heard what 10 INTERVIEW OF:--PSU NO.: 2020-0050 Tennant said. 2 SERGEANT Okay. And then, did you see -- 3 where did Tennant go from there? 4 -1111111111 Into the PD lobby. I'm assuming up 5 to his office. 6 SERGEANT Okay. Just going back to when you 7 had that conversation, with Tennant in his office, was 8 anybody else present? 9 -1111111111 No. But he was --I don't know if 10 anyone was present in the Traffic Office but he was pretty 11 loud to the fact where, I think, if somebody was up there 12 they'd probably hear. 13 SERGEANT Okay. After the incident on 14 September 17th, did anything else happen? 15 -1111111111 Yes. The other one was -trying to 16 find the date of that. I'm sorry. I should have had these 17 dates ready for you. It was -- 18 SERGEANT Could it have been September 24th? 19 -1111111111 That sounds correct. Let me look on 20 there. Is that Thursday, the 24th? SERGEANT Yes. 21 22 -1111111111 Thursday the 24th. It was after 23 swing shift had gone out. I was using the rest room in the 24 South Sub. I had my computer, phone, and wallet on the 25 table. 11 INTERVIEW OF:--PSU NO.: 2020-0050 2 3 SERGEANT What shift were you working? --1 South 1, day shift. SERGEANT So, about what time are we talking 4 about? 5 --This would have been about --this 6 would have been about 3:00 --3:00 or so. 7 8 9 SERGEANT And what call sign were you? --i=:harlie. SERGEANT i=:harlie? Okay. Are you always 10 i=:harlie? 11 12 13 14 Sub. --Yes. SERGEANT All right. --I was in the bathroom at the South It was Tennant entered the South Sub. It was made 15 aware to him that I was using the restroom. My computer was 16 the only one sitting there available. 17 18 SERGEANT What do you mean he was made aware? --I think when he walked in, someone 19 in there had said, "Your favorite person's here." I was in . 20 the restroom. And when I came out, he was hunched over the 21 computer --my computer --and I didn't think anything of 22 it. 23 24 SERGEANT Are you talking about your MDC? --Yes, correct. I didn't think 25 anything of it. I was just telling him like, "Hey," --like 12 INTERVIEW OF:--PSU NO.: 2020-0050 two people were on the computer and I'm like, "Hey, if you 2 need a computer, you're more than welcome to use my 3 computer." And he made some comment and then just walked 4 past me and so I went back to my computer, again, thinking 5 nothing of it, and then I got a message from -on her 6 computer, she's --she would have been '2harlie that day. 7 She said, "Why would you say that?" And I was confused on 8 what that statement was because I didn't send any messages 9 from my KDT, and then I called her, shortly after, and she 10 told me that the message said something along the lines of, 11 "I'm shady and I can't be trusted." 12 SERGEANT Okay. Any other messages you 13 received --or any other indications he sent any other 14 messages out? 15 No. 16 SERGEANT Did you sent that message out that 17 day? 18 No. 19 SERGEANT Did anybody else have access to your 20 computer? 21 22 No. SERGEANT When you said you offered to let him 23 use your computer and he said something, do you remember 24 what that "something" was? 25 --He said, "How were the dates?" And 13 INTERVIEW OF:--PSU NO.: 2020-0050 1 he was referring to another --that's an off-duty dating 2 site incident, from what I could put the two and two 3 together. 4 5 6 SERGEANT He said, "How were the dates?" --Yeah. SERGEANT Okay. Was he referring to your 7 dates with --with - 8 --No. That --there was --in-between 9 the time that I worked and that Thursday, there was some -- 10 there was an ad put up on a --a dating site? 11 12 SERGEANT Uh-huh. (YES) --Basically, looking for --like 13 hooking up? And there was a picture of me posted with my 14 phone number and, at the time, again, when he said, "How 15 were the dates" I didn't think anything of it but then I put 16 two and two together, that that's what he was talking about, 17 and I didn't acknowledge the fact that he said anything 18 about that. 19 SERGEANT You didn't say anything? You didn't 20 repeat anything to him? 21 --No. I didn't say like --I just 22 went back to my computer. It wasn't worth saying anything. 23 SERGEANT So, I want to go back. You didn't 24 send the message to Officer 1111111111; correct? 25 --No. 14 INTERVIEW OF:--PSU NO.: 2020-0050 SERGEANT And did you let anybody know they 2 could use your computer? 3 4 5 6 --No. SERGEANT Before that message was sent? --Huh-uh. (NO) SERGEANT Did you ever find that message, like 7 in a sent message file? 8 --No. I don't know how to access 9 that. 10 SERGEANT Okay. Did you see the message on 11 computer? 12 13 14 15 16 17 18 of she end --No. SERGEANT Did she ever send you a screenshot it or anything like that? --No. She said she was --she said was going to, just because it was weird, but she didn't up taking one. SERGEANT Did you ever learn from somebody, at 19 the South Sub, whether or not Tennant was typing on your 20 computer? 21 22 23 --Yes. SERGEANT Who was that? --Officer 111111 said that he was on 24 my computer and so did Officer 25 SERGEANT And did you ask them? 15 INTERVIEW OF:--PSU NO.: 2020-0050 --Yes. 2 SERGEANT And was there anybody else at the 3 Sub Station, that day, besides the two of them? 4 --Not that I recall. 5 SERGEANT Do you think this was attributed to 6 your relationship with -- 7 --Absolutely. 8 SERGEANT At any -- 9 SERGEANT Had you guys had any issues prior to 10 you dating - 11 12 13 14 15 16 --No. SERGEANT And you guys got along fine? SERGEANT Uh-huh. SERGEANT Did you consider yourself friends? --Yes. SERGEANT Okay. Okay. 17 SERGEANT Just real quick --I just want to 18 make reference to a couple things here. 19 20 21 --Yeah. We had no issues. SERGEANT I'm sorry? --Yeah. We had no issues, which is 22 why I was kind of surprised that 23 24 25 SERGEANT Right. ----that it went this way. SERGEANT Yeah. 16 INTERVIEW OF:--PSU NO.: 2020-0050 SERGEANT All right. I want to talk about a 2 thing you just brought up -reference receiving --or 3 something being posted online? 4 5 --Uh-huh. (YES) SERGEANT You said your phone number was 6 posted online? 7 --Yes. So, there was 8 9 SERGEANT And your picture? --Yes. So, there was an ad created. 10 The first --the messages that I got were Sunday, September 11 20th, around 3: 00 PM, the messages came in. Basically, 12 people were messaging me, saying, "Hey, man, total top 13 here." I got a --I got a dick picture referencing a -- 14 SERGEANT A what? 15 --A "dick picture." Like a picture of 16 a dick? 17 SERGEANT That what? So, you can do what with 18 it? 19 --It was referencing a --a post on 20 this website called, "Double List." 21 22 23 24 25 SERGEANT Okay. --"Double List," from what I gathered, from the messages that I got, is like a hook-up site. You, basically, go on there saying I'm either like a male looking for female, male looking for male, or any crossbreed of 17 INTERVIEW OF:--PSU NO.: 2020-0050 that. Again, the website is called "Double List," and he -- 2 I got all these messages so I'm like what's going on? The 3 messages said, "Hey, man, total top here" or I got the 4 picture of the dick and then he said --another message was 5 like, "Hey, nice post. What's up?" 6 And then, I asked one of them to send me a screenshot 7 of the --of the listing. It's a picture --it's a picture 8 of me that was previously on my social media pages and it 9 says --it says, "Hey, guys, roommate gone for the day. 10 Looking to host a "Sexy Top. Send me pies." And the 11 headline on the ad said, "Bottom Hosting," which is like a 12 gay term for like you're on the bottom? 13 SERGEANT Okay. 14 -1111111111 The reason that makes the reason 15 that would make me believe that it was him is he made it 16 fully aware to me months --or like maybe a year and half 17 ago --when I first started working, that there were some 18 sites that had pictures on my social media sites that he 19 found embarrassing, some of that he thought he could use 20 later on for whatever. You know how people are here. 21 SERGEANT That he could use against you to try 22 and embarrass you? Is that what you're referring to? 23 -1111111111 Yes. Basically. 24 25 SERGEANT Okay. -1111111111 So, he had like an album on his 18 INTERVIEW OF:--PSUNO.: 2020-0050 phone of all these pictures. The picture that he posted 2 being one of them. Nothing really triggered the first time 3 he posted it, like I was just -- 4 SERGEANT What do you mean "he posted it"? 5 -1111111111 He posted --so, he posted it after 6 I told him the news, after the first incident. Nothing 7 really set me off besides the fact that like it's a picture 8 --nothing set me off that it was him, besides the picture 9 that he posted and the fact that we have this situation 10 going on. 11 And then, when I talked to him on --when I tried to 12 talk to him on the --sorry. (LOOKING FOR DATE.) When I 13 tried to talk to him on the 17ili, I asked him to meet me 14 somewhere so we could talk and he said, "There's nothing to 15 talk about." Another ad got posted that night and I 16 received additional text messages and calls. 17 SERGEANT Okay. And --all right. So, do you 18 have a "Double List" account? 19 20 even -1111111111 No. I do not have one. I've never I never heard of the site but on the day that it was 21 posted, the 2Qth, I did make an account that was under my 22 name to try and flag that post so it would get taken off so 23 I wouldn't receive pictures or messages or anything like 24 that. 25 SERGEANT Did the post have your --did you 19 INTERVIEW OF:--PSU NO.: 2020-0050 find the posts? 2 -1111111111 Yeah, I did find the posts. I got 3 sent the link to it. SERGEANT Okay. 4 5 -1111111111 It didn't have --it didn't have my 6 name. It just had my phone number on there. 7 SERGEANT Okay. 8 -1111111111 It said --it said I was just a 9 26-year-old male, Orange County, looking for 18 to 17 year 10 olds. 11 12 13 SERGEANT 18 to 17 year olds? -1111111111 18 to 77 year olds. Sorry. SERGEANT Oh, 18 to 77 year olds. And you 14 didn't post any of these? -1111111111 No. 15 16 SERGEANT Do you know, to your knowledge, what 17 a "Sexy Top" is? 18 -1111111111 Just based off the context, it's top 19 and bottom. It would be a guy that is the top dominant. 20 SERGEANT Okay. Did Tennant ever tell you he 21 posted these things? 22 -1111111111 No. The only comment he made were, 23 "How were the dates?" which I thought was kind of strange 24 for him to bring up and then I remembered that he posted 25 that. 20 2 3 INTERVIEW OF:--PSU NO.: 2020-0050 SERGEANT And that's based on your belief? --Yeah. SERGEANT Do you have any other evidence that 4 he posted that, other than the picture, the comment that he 5 made, and then based on the context of your on-going --or 6 the current affair of you guys' friendship? 7 - -No. Just the --just the context of 8 everything you just said. 9 SERGEANT Okay. So, based on the totality of 10 everything, that's why you believe he is. Do you know if 11 Tennant has a "Double List" account? --No, I don't. 12 13 14 SERGEANT Did he ever mention that to you? --No. 15 SERGEANT Did he ever mention the website to 16 you, at all? --Huh-uh. (NO.) SERGEANT Has he ever have you ever heard 17 18 19 20 him refer to the term "Sexy Top" or anything like that? --(INAUDIBLE.) 21 SERGEANT Have you ever heard of Tennant doing 22 this to other people? 23 --No. 24 SERGEANT To your knowledge, he's never 25 mentioned doing that? 21 INTERVIEW OF:--PSU NO.: 2020-0050 --No. 2 SERGEANT To your knowledge, have any other 3 officers had their information posted on the web --on a 4 website? 5 6 --That I'm aware of. SERGEANT Okay. So, I'm going to ask you to 7 send me some of these things. 8 --Sure. 9 SERGEANT I can't force you to send me stuff 10 from your personal phone. I just asked for the purposes of 11 this administrative investigation that you --and nothing is 12 going to be held adversely against you if you refuse to. 13 --Uh-huh. (YES) 14 SERGEANT I'm just asking if you can 15 voluntarily cooperate with that and send me the information 16 that I need? 17 18 --Yes. SERGEANT A couple of those things are all the 19 listing stuff and the responses. Did you take screenshots 20 or did you save the messages? 21 22 -1111111111 I took screenshots of the messages. SERGEANT So, if you could email me all those, 23 I would appreciate it. 24 25 -1111111111 Uh-huh. (YES) SERGEANT Did you get a screenshot from --you 22 INTERVIEW OF:--PSU NO.: 2020-0050 said you didn't get a screenshot from Officer ; 2 correct? 3 -1111111111 No. And then, the only other thing 4 that happened was when I sent him the message of -- 5 SERGEANT Well, we'll get to that here in a 6 second. 7 -1111111111 Okay. 8 SERGEANT Yeah. I want to try to stay on 9 track. -1111111111 Yeah. 10 11 SERGEANT The --did you ever talk to an 12 administrator at the website, "Double List"? 13 -1111111111 No. I tried to flag it, and I don't 14 think it got taken down, given the fact that it was on there 15 several hours later. 16 SERGEANT And so, to your knowledge, there was 17 two different posts? 18 -1111111111 From what it looks like, it was two 19 different posts. (LOOKING FOR INFO.) I'm trying to find 20 the different posts. If I go back in my messages, I'll find 21 it. 22 SERGEANT Okay. When we're done here, I'll 23 have you email me all that stuff. To your knowledge 24 well, let's move to the next topic. Did you try to reach 25 out to Tennant? 23 2 3 INTERVIEW OF:--PSU NO.: 2020-0050 --Uh-huh. Yes. SERGEANT And how did you do that? --On the --on the 26th, I messaged 4 him, while we were at work, around 3:46, after he went 10-8, 5 and I said, "Are you free? I think it would be a good idea 6 for us to talk if you are free." 7 I asked Officer 111111 if he would meet me at 8 Huntington Beach High School, just so I could talk to 9 Tennant about the KOT message and the thing he said in front 10 of the citizen, because I didn't want anything to escalate 11 or continue, so I was just going to try to talk to him, man- 12 to-man, see if we could figure something out so things don't 13 happen at work. 14 He said, "Nothing to talk about. You' re shady and a 15 liar." I told him, "That there's plenty to talk about and 16 how he's been handling this at work is the main factor." I 17 said, "I was at Huntington Beach High School or I could come 18 to you, if you want to meet somewhere else." 19 And then, shortly after that, since he was not 20 responding, at around 4:53 that night, I said, "I was hoping 21 to talk it out but since you refused, the KDT message you 22 sent and the statement you made in front of a citizen were 23 unprofessional and not acceptable. I don't want this 24 behavior to continue or to escalate to the point where I 25 have to --need to get a sergeant or someone else involved. 24 INTERVIEW OF:--PSU NO.: 2020-0050 You can say and think what you want, but this is an issue 2 between you and me, and it does not need to affect our 3 jobs." 4 5 6 7 8 SERGEANT Okay. And did he respond to that? --No. SERGEANT Did he ever come to the high school? --No. SERGEANT And was 111111 there as kind of like 9 a mediator? Or what was he there for? 10 --Yeah. Just a mediator in case 11 anything went sideways. 12 SERGEANT Okay. Was that the end of that 13 conversation with him? 14 --That's the last --that's the last 15 thing I have on --on file, talking to him. 16 SERGEANT Okay. Did you become aware that 17 anybody else was aware of that conversation you had with 18 him? Regarding meeting at the high school? 19 --Yeah. Officer ~ --or Officer 20 ~ approached me the next day and, basically, said like, 21 "You threatened to go to a sergeant?" Because she saw that 22 --she got either a screenshot or a copy of the text message 23 that I sent to Tennant. 24 SERGEANT And that text message that you just 25 read, she got a copy of that? 25 INTERVIEW OF:--PSU NO.: 2020-0050 1 --That's what she told me. Yes. I 2 didn't see --I didn't ask her to see it. 3 4 SERGEANT Okay. --Because, quite frankly, I was pretty 5 upset but -- 6 7 SERGEANT When did she get that? --It was the --that was Saturday. I 8 don't know if I worked that Sunday. Let me see. It would 9 have been the Sunday morning, directly after I sent that 10 text message. SERGEANT Was she in your squad? 11 12 --She was on the North Squad, at that 13 time. 14 SERGEANT And so, she asked you why you needed 15 to go to a sergeant? 16 --Uh-huh. (YES) Or like, "Why I 17 threatened to go to a sergeant." 18 19 SERGEANT Did you tell her what was going on? --She --she was aware of kind of 20 everything because we were squad mates at the time. 21 22 23 24 25 that who SERGEANT to her? ----I didn't hear he SERGEANT Okay. Why do you think Tennant I can't explain that. I don't sent it to anybody else. Okay. 26 sent know 2 INTERVIEW OF:-- SERGEANT Can I? SERGEANT Yeah. PSU NO.: 2020-0050 3 SERGEANT Are Tennant and -to your 4 knowledge, are they friends? 5 6 7 --Yes. SERGEANT They socialize with each other? --Not --I don't think outside of work 8 but just probably in the workplace. 9 SERGEANT Okay. But she worked on your squad? 10 --She worked on my squad and then we 11 switched prior to her receiving that message. 12 13 SERGEANT Okay. SERGEANT Did anybody else receive information 14 that you had texted Tennant or anything like that? 15 --Not that I'm aware of. 16 SERGEANT Okay. Any other incidents with 17 Tennant, besides what we've talked about? 18 --No. 19 SERGEANT With regards to your relationship 20 with Tennant, have you had any conversations with regards to 21 this information? Have you had any conversations with 22 Tennant since October l8t? 23 --Just the --no. I saw Tennant on a 24 traffic stop and he --he didn't say a word to me. 25 SERGEANT Okay. 27 INTERVIEW OF:--PSU NO.: 2020-0050 1 SERGEANT I just want to talk about how has 2 this affected your --your working conditions since this 3 began? 4 --Obviously, it's made it 5 uncomfortable because he is telling everybody that, "I can't 6 7 8 9 10 11 12 be trusted and that I'm a liar." So, people are coming up to me with different judgments like, "Hey, you were wrong for doing that." Or, "Hey, you were you were right for doing that." Like they were broken up, "Who cares?" But just the fact that he is telling people that I can't be trusted, that doesn't sit right with me. SERGEANT Okay. Has it adversely affected 13 your work? 14 -1111111111 Maybe my attitude. I don't think 15 necessarily my performance. 16 SERGEANT Okay. How? When you say "like 17 attitude," are you talking about just your demeanor and your 18 disposition? 19 -1111111111 Yeah, I mean, jut kind of --it kind 20 of upset me that people were coming up to me with these 21 different views on how I'm handling my personal life. 22 SERGEANT Do you think that's because --is 23 there something that makes you believe Tennant's making 24 people believe that you did something and trying to 25 discredit you? 28 INTERVIEW OF:--PSU NO.: 2020-0050 -1111111111 Yeah. He's, basically, making it 2 sound like I --I went around his back --that I went behind 3 his back and was doing things that I didn't --like I wasn't 4 dating her when I wasn't dating her prior to --there was 5 nothing to tell prior to me telling him, there was 6 nothing to tell prior to Big Bear. So, basically, he's 7 saying that I lied to him by not telling him and so, I don't 8 want other people to think that like hey, 111111 a liar, he 9 can't be trusted, with the message he's sending out. 10 SERGEANT To your knowledge, has he reached out 11 to -since you disclosed your relationship with her 12 to him? 13 -1111111111 Yeah. On the --on the night I told 14 him, he sent her a message saying, "Really?" with a question 15 mark. And there was no other exchange besides that. 16 17 SERGEANT Okay. SERGEANT Do you know, to your knowledge, did 18 she respond to him? 19 20 -1111111111 Not --not to my knowledge. SERGEANT Is there anything else that we 21 haven't covered that you feel is important? Has there ever 22 been any threats of violence? 23 -1111111111 No. No threats of violence. Just 24 all the information that you have is pretty sufficient. 25 SERGEANT Okay. Anything else that you 29 INTERVIEW OF:--PSU NO.: 2020-0050 1 haven't revealed that would indicate any kind of harassment 2 or anything like that? 3 4 --No. You guys have everything. SERGEANT Okay. So, just for the record here, 5 I'm going to take the screenshots of whatever it is that you 6 took for that website, and we'll have you email that to me, 7 and we can take care of all that and that will just be the 8 record that we included with the investigation. Okay? 9 10 --Okay. SERGEANT There might be a need for a 11 follow-up interview later on down the road, if we kind of 12 come across something that we need answered but, for right 13 now, Officer -I'm ordering you not to communicate 14 with anyone --oh, you know what? There is one thing I 15 wanted to ask you. 16 Obviously, we don't know 100 percent whether or not it 17 was Tennant that posted this. Correct? 18 19 20 --Correct. SERGEANT Is that what you're saying? --Yes. There's a chance that it 21 wasn't him. 22 SERGEANT Okay. Right. Because now, that 23 picture that you have on there, that you're going to send 24 me, is that currently up on your social media? 25 --If you dug on my Facebook, you could 30 INTERVIEW OF:--PSU NO.: 2020-0050 1 probably find it. 2 SERGEANT Okay. Having all that said, is this 3 something you desire prosecution for? 4 -1111111111 Not criminal prosecution for that. 5 No. 6 SERGEANT Okay. That is absolutely your right 7 and you have that opportunity and I just want, 100 percent, 8 make sure, unequivocally, that's not what you want? 9 10 11 -1111111111 Yes. That's not what I want. SERGEANT Okay. All right. SERGEANT And what is your what would be in 12 your mind, like the best resolution to this issue? 13 -1111111111 Well, ultimately, when I --when I 14 first brought this up, it was more so of a --like hey, let 15 me tell you what's going on in case the behavior escalates 16 or it continues. 17 18 SERGEANT Uh-huh. (YES) -1111111111 Because it just wasn't acceptable, 19 the stuff that was going on at work. 20 SERGEANT Right. 21 -1111111111 I was made aware that some of the 22 stuff that he did was beyond like just having like a 23 mediation and talking to him, but that was my ultimate goal. 24 25 SERGEANT Uh-huh. (YES) -1111111111 In the beginning was hey, let's sit 31 INTERVIEW OF:--PSU NO.: 2020-0050 1 down, let's have a talk and maybe have somebody present, a 2 senior officer, a sergeant, whatever it be, to kind of just 3 go back and forth like, hey, make him understand that the 4 behavior that he's exhibiting is not right and not 5 professional. 6 SERGEANT Right. 7 -1111111111 That was my ultimate goal. But I 8 understand that there are some violations of policy or 9 whatever it may be -- 10 SERGEANT Uh-huh. (YES) 11 -1111111111 --that could not be ignored. 12 SERGEANT Right. So, if I'm understanding you 13 correctly, your goal in bringing this information to light 14 is to have that behavior stop? 15 16 -1111111111 Uh-huh. (YES) SERGEANT Is it not your intent to have him 17 disciplined or --or criminally prosecuted for this? 18 -1111111111 I would not like him criminally 19 prosecuted and not disciplined, but if that's out of my 20 hands, then it's out of my hands. 21 SERGEANT Right. No, no. 22 SERGEANT It is out of your hands but we just 23 want to know what your purpose of coming forward with this 24 information was. Would you feel frustrated to a point where 25 --I mean did you feel frustrated? 32 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 INTERVIEW OF:--PSU NO.: 2020-0050 -1111111111 Yeah. I felt frustrated. I didn't --I didn't --I didn't know what else he would what he would do. It was kind of like a --it was kind of like what's next as opposed to like when is this going to stop, because there was always going to be something else. So, it was just like I wasn't okay with the behavior that, in front of a citizen, like especially, that's -- that's not all right. The KOT message, as dumb as it was, like it's not the end of the world. But the --if anything happened in front of citizens, where I couldn't be trusted or if that guy was like present on social media and he was like, "Why can't Officer -be trusted?" You know? Just that doesn't need to happen here. SERGEANT Okay. SERGEANT I'm sorry. SERGEANT No. SERGEANT Just so I understand the background of 19 this whole situation, you met her in --around --at a 20 Christmas Party; correct? 21 22 23 24 -1111111111 Correct. SERGEANT And then, they broke up? -1111111111 Yeah. SERGEANT Did she break up with him or did he 25 break up with her? 33 2 3 4 5 6 7 8 9 INTERVIEW OF:-- -1111111111 She broke up with him. SERGEANT Okay. PSU NO.: 2020-0050 -1111111111 He he told me a different story. He told me that the reason they broke up when we sat down in his office --he told me that the reason they broke up was because she wanted to get married and he didn't. I know that --from her story that she broke up with him and they ended up moving out of the house that they lived in, all that stuff, and shortly after they cut-off 10 communication. So, after --shortly after December --after 11 Christmas, I don't know when exactly they broke up. 12 13 SERGEANT Uh-huh. (YES) -1111111111 We hadn't talked, at all, until the 14 end of July or beginning of August, when she messaged me. 15 16 SERGEANT Right. SERGEANT So, you hadn't talked to her since 17 you first met her, on December 2 Jrd? 18 -1111111111 Huh-uh. (NO) And that's the other 19 thing, was there was rumors like, "Hey, was talking to 20 • while Tennant and. were dating" which didn't happen. 21 SERGEANT Had you met her prior to that 22 Christmas Party? 23 24 25 -1111111111 No. SERGEANT That was the first time you met her? -1111111111 Uh-huh. (YES) 34 INTERVIEW OF:--PSU NO.: 2020-0050 SERGEANT And then, you had not any 2 communication with her since that party, until July? 3 --Not at all. We had each other on 4 social media because everybody kind of had each other after 5 that night but that's about it. 6 SERGEANT Okay. 7 SERGEANT All right. I think that's it. 8 Officer -I'm ordering you not to communicate with 9 anyone regarding this investigation, other than me, or any 10 person with whom you have a confidential communication 11 privilege under California Statutory and Case Law, for 12 example, without limitation attorney-client, physician, 13 psychologist-patient, clergy-penitent. 14 Failure to follow this order may be deemed 15 insubordination, resulting in administrative discipline, up 16 to and including termination of your employment with the 17 City of Huntington Beach. Do you understand? 18 19 --I understand. SERGEANT That basically means don't talk 20 about this information while we're conducting the 21 investigation. Okay? 22 --Uh-huh. (YES) 23 SERGEANT Once it's over, then it's over, but 24 we're kind of in the midst of it, so if you could just 25 circle yes and initial if that's what you understood. 35 INTERVIEW OF:--PSU NO.: 2020-0050 1 -1111111111 (CIRCLES AND INITIALS DOCUMENT.) 2 SERGEANT All right. And that's going to 3 conclude the interview. The time is 8:41 AM. 4 5 6 7 8 9 10 11 12 13 14 15 16 (END OF INTERVIEW.) 36 ~ ~ CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: FROM: Captain Uniform Division Commander Sergeant ~\\ 1~ Professional Standards Umt SUBJECT: ALLEGATION OF EMPLOYEE MISCONDUCT# PSU2020-0050 DATE: May 4, 2021 COMPLAINANT: Officer COMPLAINT SYNOPSIS: It was alleged Officer Tennant was actively involved in the harassment of Officer a fellow Huntington Beach Police Department employee. It was later alleged was insubordinate by being dishonest in his initial interview. Additionally, he was also alleged to have accessed a criminal investigation regarding -being the victim of 528.5 PC, without a legitimate work purpose. DATE AND TIME OF INCIDENT: September and October of 2020 LOCATION: City of Huntington Beach EMPLOYEE(S): Officer Steven Tennant PSU2020-0050 Administrative Investigation I of34 INVESTIGATION: On October 1, 2020-1 met with Lieutenant who relayed the following information. Officer reported being harassed by Officer Tennant over the course of the past two months. The harassment appeared to be related to -dating Tennant's former fiance. -reported the harassment to his supervisor, Sergeant - I was directed to initiate an allegation of employee misconduct, naming Tennant as the subject. I learned -had written notes on the information -had revealed to him. I~ and asked him to produc~notes for my administrative investigation. Those hand written notes are included in this investigation for reference. In reviewing the~ I learned Tennant had allegedly made disparaging comments about-to a parking control officer and in front of a citizen at the Huntington Beach Police Department front desk. Additionally, I learned Tennant had allegedly ~ther officers on-mobile data computer, when it was out of -immediate possession. Lastly, I learned an unknown subject(s) had placed-personal phone number and picture on a dating website seeking a homosexual encounter, without his consent. On October 1, 2020, Sergeant and I met with-in the Professional Standards Unit office. I served -with an order, indicating he was the subject of an administrative investigation and it would be necessary to interview him in the future. Furthermore, the notice was coupled with an order not to communicate with anyone other than who he had a confidential communication privilege with under California statutory and case law. Tennant indicated he understood the order by signing the form. Tennant was provided with a copy of the signed document along with the allegation form. I also served Tennant with an order to produce his department issued cellular phone along with the passcode. Tennant indicated the phone was in his unit and we walked out together to gather it. He also complied with the order to provide the passcode to the phone. See the attached order for further details. On October 1, 2020, I provided Detective with Tennant's department issued cellular phone and directed him to conduct a forensic examination of the device. is a certified department cell phone examiner. He conducted the examination and gave me a thumb drive containing the UFED (Universal Forensic Extraction Device) Reader report of content from the phone. also completed a Huntington Beach Police Department Forensic Report documenting the steps he took to conduct the examination. PSU2020-0050 Administrative Investigation 2 of34 In reviewing the content of the UFED Reader report from Tennant's department issued phone, I found four text messages which appeared to be relevant to the administrative investigation. All four text messages showed unread, meaning although the messages were sent to Tennant's work phone, they were never opened on his device. Furthermore, the four texts were in a group text format with 13 other phone numbers. Those phone numbers did not have contact names associated with them. The text messages were as follows: Sent from on September 14, 2020, at 6:58:55 pm "I did. Fucking-told II." Sent from on September 14, 2020, at 7:22:11 pm "I've heard the term Fucking-together more than mossy 961 prior .. and I can't wait for the Eskimo brother show down." Sent from on September 14 2020, at 7:22:37 pm "Laughed at 'I've heard the term Fuckingiiliiitogether more than mossy 961 prior .. and I can't wait for the Eskimo brother show down."' The following is a definition of the term Eskimo Brother from the online source, Urban Dictionary: "When two males acknowledge having been intimate with the same female and remain on good terms, the men are now bonded by having shared the same igloo at one time or another." Sent from on September 14, 2020, at 7:44:55 pm "When are tickets going on sale for the fight." On October 8, 2020, Sergeant and I interviewed Se~-in the Professional Standards Unit office. During the interview, --indicated he was approached by Officer who he supervised. -reported being harassed by Tennant. believed the harassment occurred because he was dating Tennant's ex-girlfriend. -described two incidents with Tennant when-questioned him in the Sergeant's office at the station. The first incident occurred on September 17, 2020, at the front desk of the police station. -was interviewing a citizen, when Tennant made statements to the effect of not being able to trust-because he was shady and a liar. -statement to -revealed the citizen likely heard the disparaging remarks. The second incident occurred on September 24, 2020, when-was at the Huntington Beach Police south substation. Officers were present when-went in to use the restroom.-left his mobile data computer on a table while he went to the bathroom. When -exited the PSU2020-0050 Administrative Investigation 3 of34 restroom, he observed Tennant had arrived at the substation and was standing over his mobile data computer. When Tennant left,-told him Tennant had been typing on hi~hile he was in the restroom. -was later notified by Officer-received a message from him saying that he was "Shady" or a "Liar." -also mentioned receiving random text messages from men, who found his information on a dating website. Unbeknownst to -someone had used a photograph of him and his cellula~ number to create a posting seeking other men for a sexual encounter ..... denied creating the post and believed it was the work of Tennant. This belief was based on the tension in their relationship along with the knowledge -had of Tennant being in possession of the photograph used to create the post. -made attempts to resolve the issue between him and Tennant; however, he was unsuccessful.-warned Tennant he would be forced to report the harassment to a supervisor if they could not resolve their issues. Tennant reportedly did not respond to the warning but took a screen shot of it and sent it to Officer -who in turn told -she received a photo of the text conversation. On October 15, 2020, at 8:05 am, Sergeant and I conducted a recorded witness interview with Officer -in the Professional Standards Unit Office. -informed us of several interactions with Tennant over the past several months. The incidents occurred after-told Tennant he was dating his ex- girlfriend. -reported, on September 17, 2020, he was standing outside of the police department and near the lobby doors. He was assisting a citizen on a call for service and Tennant approached them. At the same time, a parking control officer was exiting the station. Tennant flagged down the parking control officer and made disparaging comments about -The comments Tennant made were, "Hey you see that officer right there ... he's shady and he can't be trusted." -believed the citizen heard the comments. He also reported an incident which occurred on September 24, 2020. - was at the south substation and left his mobile data computer on a desk. Tennant entered the south substation and learned -was in the bathroom. Tennant typed a message to Officer -with -mobile data computer. The message read, "I'm shady and I can't be trusted." Additionally, -reported someone had created an on line dating profile with his picture and phone number and used the profile to produce a post. T-e ost on the website was seeking a homosexual encounter with another male. started receiving responses from unknown males looking to fulfill the esire PSU2020-0050 Administrative Investigation 4 of34 activity posted on the website. Some of these text responses included self- pictured male genitals. -believed it was Tennant who posted the advertisement because he had previously threatened to use photographs of -to embarrass him. This particular photo used to create the dating profile had been one of those photographs and had been posted on other social media platforms belonging to -attempted to resolve the conflict on his own by trying to talk to Tennant. He asked Tennant to meet him at Huntington Beach High School and asked -to join as a mediator. Tennant refused and stopped responding to texted Tennant that his behavior was unprofessional and that if it continued, he would seek supervisorial intervention. Tennant took a screen shot of that text and sent it to Officer-who then told -she received the text conversation from Tennant. -indicated these issues have frustrated him and made him uncomfortable. He was asked if he desired criminal prosecution for the online dating profile being created with his image and phone number. -said he did not desire prosecution but only wanted the activity to stop. On October 15, 2020, I identified the call for service wherein -was speaking with a citizen at the front desk of the Huntington Beach Police Department. The call for service was in relation to a set of found keys, which the citizen was t in to turn into the Police Department. I was able to identify the citizen as Additionally, I was later able to identify the parking control officer, who Tennant made the comment about -to, as Parking Control Officer~ho had since retired. I obtained video surveillance of the call for service in question. waiting at the Huntington Beach Police Department front desk when arrived to handle the call. While-was speaking with just outside of the front doors, -exited the Department and walked past them. At the same time, Tennant was approaching the front doors, from the visitor parking area and could be seen pointing towards-while appearing to say something to-The area where Tennant was saying something to I and where and were standing, appeared to be close enough for to have heard what Tennant said. There was no audio associated with the aforementioned video. The video has been included for reference. I found no body worn camera video which captured this interaction. On October 15, 2020, I called and spoke to him on a recorded phone call. He remembered coming to the Police Department on September 17, 2020 to turn in a set of keys. I asked him if he recalled any kind of unusual interaction between the officer handling his call for service and another officer. recalled no such unusual interaction and only PSU2020-0050 Administrative Investigation 5 of34 recalled seeing one officer that day. Refer to the audio recording of the phone call, which has been included for reference. There is no additional statement page with information gleaned from interview. On October 15, 2020, I called and spoke to-on a recorded phone call. -did not have any independent recollection of the event in question. He did not hear and had never heard Tennant making any kind of disparaging remarks about-Refer to the audio recording of the phone call, which has been included for reference. There is no additional statement page with information gleaned from -interview. On October 16, 2020, I conducted a recorded witness interview with - -in the Professional Standards Unit Office. She recalled working,• -on September 24, 2020, and receiving a mobile data computer message from-The message was something to the effect of, ''l'm .. and I can't be trusted."-responded to-via a computer message and he then called her cell phone asking what the message said. -had no further relevant information regarding this investigation. On October 16, 2020, I conducted a recorded witness interview with - -in the Professional Standards Unit Office. She recalled receiving a text message from Tennant on September 26, 2020. She said the text was a screen shot of a text message conversation between-and Tennant-told both -and Tennant to leave her out of their dispute. She had no other relevant information regarding this investigation. On October 16, 2020, I obtained records of mobile data computer messages sent and received by all units on September 24, 2020. I was able to locate two ~m, at 4:26 pm. The first message was to • -and read, 'Just so you know, im sic] shady and a liar." The second message read the same and was sent to who was Officer did not respond to the message; however, did. She wrote "Joi okay? What makes u message that." She received a message from- mobile data computer which read, "what did he say??????? was not me." -replied, "Joi who was that." This appeared to be the end of the exchange as it related to this administrative investigation. On October 30, 2020, I conducted a recorded witness interview with - -in the Professional Standards Unit Office. -recalled being in the south substation and seeing Tennant typing on -mobile data computer for about 15 seconds. He was unsure what Tennant was typing or who he was typing to. -has heard Tennant making disparaging comments towards -which included calling him, "Shady." He described the comments as being, "Constant." -has confided in-while this has been occurring and had even asked -to go along with him to try and meet Tennant to PSU2020-0050 Administrative Investigation 6 of34 resolve the issue.-was aware of the online dating profile established with -information; however, he had no knowledge of who had created it. On October 30, 2020, Sergeant and I conducted a recorded witness interview with in the Professional Standards Unit Office. -recalled being in the south substation on September 17, 2020. Upon entering the south substation, he observed Tennant standing by a desk and slouching dow~mputer. It appeared Tennant could have been typing on the computer ..... walked out of the bathroom and Tennant left, but not before exchanging words with did not recall the exact words which were said but did say they did not include profanity. -believed -was able to confirm Tennant had sent a message with his mobile data computer, while he was in the bathroom of the substation. did not have any specific details on the contentious relationship between and Tennant. On November 19, 2020, Sergeant and I conducted a recorded subject interview with Officer Tennant. Tennant was repres~ his attorney, Mr. Bijan -During the interview, it was established --had started dating Tennant's ex-girlfriend, disclosed this relationship to Tennant. During the interview, Tennant admitted to referring to-as being shady and a liar. I asked Tennant about the incident which reportedly occurred on September 17, 2020, i'n the area of the front desk of the Police Department, where-was interacting with a citizen. Tennant recalled the incident and admitted to making a statement about He said the comment was, "Watch your back with t~ Tenant made the comment because he was upset and also said, "I like--and I wanted him to know just maybe be careful of this guy." Tennant did not recall how loud he made the comment and indicated it was not his intent for-to hear him. and I questioned Tennant about the incident, wherein it was suspected Tennant typed the message, "just so you know, Im shady and a liar." HBPD records indicated the m~-mobile data computer to two separate recipients-on September 24, 4:26 pm. This had allegedly occurred at the south substation. When I questioned Tennant about this message, I had been under the impression, based on previous interviews and accounts of the event, the messages were sent closer to 3:00 pm. Tennant denied sending any mess~-mobile data computer to anyone. Tennant admitted to using--mobile data computer to check for calls holding. He also claimed not to know who the computer belonged to when he used it. I showed the computer records, reflecting what was sent to - and -to Tennant during the interview. He again denied sending the PSU2020-0050 Administrative Investigation 7 of34 messages and also said he was at Sushi on Fire at the time (4:26 pm) the messages were sent. When questioned about the doublelist.com ~osting, Tennant denied using the website to create an account with --photograph and phone number. Tennant said he was not aware the dating website doublelist.com existed. Tennant admitted to possibly having saved the image of-used to create the account, several years earlier but denied currently having it on his phone. Tennant said there should have been no reason an IP address associated with him, would show any activity with a doubleist.com account. For further on Tennant's interview, refer to the audio recording and transcript of the interview, which have been included with this investigation for reference. After the interview with Tennant, I conducted follow-up investigation as it related to the messages being sent from -mobile data computer. The two messages were sent on September 24, 2020, at 4:26:06 pm and 4:26: 12 pm. On November 20, 2020, I confirmed with Information Technology Analyst- -the times of the above mentioned sent messages were accurate on the report. This was done via email and the email has been included with this investigation for reference. I reviewed Downtown Huntington Beach City surveillance cameras on and around September 24, 2020, at 4:26 pm. I located a video of Tennant walking to Sushi on Fire at 4:29: 15 pm. This was three minutes and three seconds after the last of the two mess~h read, "just so you know, Im shady and a liar," had been sent from --computer. The camera, which captured Tennant walking, was labeled 301 Main and the video has been included with this investigation for reference. On November 25, 2020, at about 11 :00 am, and I went to the south substation. We walked two separate routes from the downstairs interior of the substation, to Main Street and Olive Avenue where Tennant was first captured on the surveillance footage. and I took the two different routes Tennant could have taken between the substation and the intersection. Both of us arrived simultaneously and it took us two and a half minutes, while walking a moderate pace. Based on statements, the aforementioned facts and evidence gained through this follow-up, it appears possible Tennant could have been at the south substation when the messages were sent. Furthermore, it was contradictory to Tennant's statement he was at Sushi on Fire at the time they were sent. On November 28, 2020, Sergeant White initiated a criminal investigation with -being the victim of California Penal Code 528.5. That investigation has PSU2020-0050 Administrative Investigation 8 of34 been memorialized under Huntington Beach Police Department Case Number 20-013400 and included with this administrative investigation for reference. The report had been submitted into the Huntington Beach Police Department records management system. Because the victim of the investigation was an employee of the Huntington Beach Police Department, an administrative watch was placed on the report, in the records management system. In the event any employee accessed the aforementioned report, an alert would be sent to the Records Bureau Manager, identifying who accessed the report and when. On January 8, 2021, at 12:24 pm, -copied me and Sergeant on an email sent to Tennant. The email read, "Hi Officer Tennant, I was notified that you accessed DR 20-013400 on 01107121 at 1335 hours. You did not write a report on this case, can you please advise why you accessed it." The email alerting -to the accessing of the report was sent to her on January 7, 2021, at 1 :35 pm. She later forwarded me a copy of that email alert and it is included with this investigation for reference. On January 8, 2021, at 3:50 pm, Tennant responded to-Sergeant and I were copied on the email. The email read, "Hello I was sent a missing supplemental report list which I was included on and included other officers and their missing reports. I inputted the wrong DR that was on the list. I didn't see anything on the report because of the warning box and I exited out of the DR. My apologies. Respectfully,". Sergeant and I never responded to either Tennant's or-email. In an effort to corroborate Tennant's justification for accessing the report related to the criminal investigation, I obtained two emails which had been sent department wide on January 6, 2021 at about 6:00 am. Those two emails were regularly distributed emails informing personnel of unapproved reports which needed to be completed. The two emails, which have been included for reference, represented a list of reports and the other was a list of supplemental reports. Tennant had only one report on the supplemental report list. The case number associated with his missing report was 2021-000003. Report number 20-013400 was also on this list of unapproved reports and listed Sergeant White as the handling employee. Additionally, it was in the Investigation Division section of the list, separating it from Tennant's one missing report which was in the Uniform Division and 7 spaces above White's missing report. White's case had the primary offense listed as, "Impersonate Other Through Electronic Means or Internet." I also requested any correspondence to Tennant by records personnel and -forwarded me four emails from the Missing Report email system which were sent to Tennant. Those emails have been attached to this investigation for reference. The date the email was sent and the case numbers sent to Tennant were as follows: PSU2020-0050 Administrative Investigation 9 of34 December 13, 2020, 20-013106 December 20, 2020, 20-013330 December 20, 2020, 20-013359 December 26, 2020, 20-014302 As part of Sergeant White's criminal investigation, he authored a search warrant ~o obtain records from doublelist.com as it related to the post with -personal information. That search warrant returned with two IP addresses accessing that account. One was for a T-Mobile account; however, the account number provided did not allow White to substantiate who the subscriber was. The second IP address, which accessed the account, returned to a Charter Communications customer. Sergeant White authored an additional search warrant and served Charter Communications with the warrant. On January 12, 2021, Charter Communications acknowledged receipt, and pursuant to the warrant, they furnished the subscriber information for the account in uestion. That account returned to Steven Tennant with an address of The phone number of the account was email associated with the account was Both the phone number and email address belonged to Tennant, based on Huntington Beach Police Department Records and statements he made in his interview with and me. I checked records with the Huntington Beach Police Department and the City of Huntington Beach Human Resources De artment. Both showed Tennant havin a residential address of -I reviewed Tennant's personnel file and discovered he signed and submitted an Address I Name Change Form, dated April 30, 2020 with the aforementioned address on A search of Huntington Beach Police records indicated is a mail center and not a residential address. Huntington Beach Police Department policy manual section 340 establishes standards of conduct and lists behaviors violating this policy section. 340.5.7 (e) reads, "Failure to notify the Department within 24 hours of any change in residence address or contact numbers." The entirety of Sergeant White's investigation, including copies of search warrants and supplemental reports, has been included with this investigation for reference. On January 20, 2021 at about 3:45 pm, Sergeant and I interviewed -for a second time in the Professional Standards Unit office.~ this second interview, we tried to establish a more accurate time of when --saw Tennant on -computer. -indicated it could have been any time between 3:00 pm and 4:45 pm on September 24, 2020. PSU2020-0050 Administrative Investigation 10 of34 I asked him to estimate how many words he heard Tennant type and he estimated enough words for a sentence. I asked him if it sounded like the click of one button and he indicated it sounded like the typing of more than one word and less than ten. I then asked-"Is there any doubt in your mind that he could have just hit one button and checked for calls service [sic]?" - replied, "No." I reaffirmed with-Tennant was the only other employee he saw typing on -computer. The recording of this interview has been included with this investigation for reference. Based on the aforementioned facts and statements regarding this investigation, the nature of the allegations were expanded to include the allegation that Tennant was insubordinate by being untruthful in our interview on November 19, 2020. Furthermore, it is also alleged Tennant accessed, without a legitimate work purpose, the criminal investigation involving-personal information being used to create an online dating profile. On January 21, 2021, Sergeant Lieutenant and I met with Tennant in the Professional Standards Unit office. We advised Tennant of the expanded scope of this investigation and served him with a supplemental allegation form. Furthermore, we served him with a notice requiring a second interview with him. Tennant was ordered to be placed on administrative leave by Interim Police . I served Tennant with a memorandum detailing the requirements of his administrative leave assignment. I provided Tennant with a DVD, containing an audio recording of his first interview. I had him sign a receipt documenting the release of the DVD. Tennant was also provided with copies of all of the aforementioned documents. The originals have been included with this investigation as reference. As a result of Tennant's administrative leave assignment, several of his department issued items were collected. A check list of the items collected has been included with this investigation. Several of the items were recovered from Tennant's locker. and I were with Tennant at his locker, when the items were recovered. Tennant later gave me permission to re-enter his locker to recover his department issued keys, which I did for that purpose only. The consent was provided in the back lot of the Police Department in the presence of Tennant's patrol rifle was stored in a marked unit assigned to him, which was parked in the back parking lot. and I accompanied Tennant at the unit and recovered his department issued patrol rifle and department issued cellular phone there. Tennant had indicated his department issued shotgun was at his residence. asked him if we could meet him there to collect the shotgun and assured him we did not intend to enter his residence. Tennant told us he would comply with that request and asked if I wanted him to text me his address so that we could meet PSU2020-0050 Administrative Investigation 11 of 34 him after he left the department. I told him texting me would be fine and he texted the address of We arranged to meet him in the alley east of the apartment building and never saw what apartment he entered or exited. Neither nor I asked Tennant what apartment number he lived in. We met Tennant in the alley and recovered his department issued shotgun. All items recovered as part of the administrative leave assignment were kept in the Professional Standards Unit Office. On January 22, 2021, Mr. -emailed me a demand for documents. The demand was for additional investigative material related to the supplemental allegations Tennant was facing (i.e. notes and interviews of witnesses). Furthermore, he wanted me to provide more details on the specific allegation of Tennant's untruthfulness. On January 26, 2021, Mr. -emailed me indicating Tennant's thus making him unable to participate in an administrative interview. I began tolling the investigation upon receiving that information. On February 19, 2021, I received another email from Mr. -which indicated On February 22, 2021, I received notice Tennant had been cleared to return Therefore, on February 23, 2021, at about 10:30 am, I spoke with Tennant on the telephone and informed him I was scheduling his interview for March, 4, 2021, at 2:00 pm. I also sent Mr. - this information, regarding the scheduled interview, via an email. On February 26, 2021, I received another email from Mr. -which read "Please see the attached note regarding Officer Tennant. Based on the attached correspondence, Officer Tennant is unable to attend the interview." Attached to the email was a dates of the requested absence were between February 25, 2021, Doctor On March 9, 2021, I received a letter from the Orange County District Attorney's Office, requesting access to Tennant's personnel records. The request was pursuant to Penal Code 832.7 and related to Officers investigation under HBPD report number 20-013400. An Investigator from the Orange County District Attorney's Office reviewed Tennant's file as they had requested. The letter has been incorporated with this investigation for reference. PSU2020-0050 Administrative Investigation 12 of34 On March 19, 2021, I learned the Orange County District Attorney's Office filed two misdemeanor counts of Penal Code 528.5 (a) (Internet Impersonation) against Tennant. The complaint specifically indicated the filing was a result of Huntington Beach Police Department case number 20-13400. Refer to the attached complaint for further details. On March 19, 2021, The Orange County District Attorney's Office published a press release identifying Tennant as a Huntington Beach Police Department Officer and a criminal defendant in this case. Several media outlets reported the news and included Tennant's name and affiliation as a member of the Huntington Beach Police Department. Refer to the attached press release for additional details. Additionally, a sample of the media reporting was included in the form of an online article from KTLA 5 news. On March 22, 2021, the Huntington Beach Police Department received a letter from the Orange County District Attorney's Office. Assistant District Attorney Barbara Kim notified the Department a determination had been made, wherein Tennant's alleged conduct related to Huntington Beach Police Department Case number 20-013400 qualified as potential Brady material. Refer to the attached letter for details. On April 29, 2021, I emailed Mr. -and requested an update on if Officer Tennant was available to proceed with the second interview. Furthermore, I requested the interview to be scheduled sometime in the first two weeks of May, 2021. On May 3, 2021, Mr. -replied to my request and advised Tennant's On May 4, 2021, I was directed to complete the investigation on Officer Tennant without his second interview. PSU2020-0050 Administrative Investigation 13 of34 Interview: On October 8, 2020, at 9:00 am Ser eant and I conducted a recorded witness interview with in the Professional Standards Unit Office. Prior to the interview, I read the witness admonishment, which he indicated he understood by signing the form. I informed-the investigation involved an alleged harassment between two em lo ees of the Huntin ton Beach Police Department. On October 1, 2020, Officer upervised, notified him he was being harassed by Officer Tennant. said the harassment stemmed from - dating Tennant's ex-girlfriend. -initially notified -of the harassment at the Air Support Unit Heliport. -obtained a more elaborate statement from -in the Sergeant's office at the Huntington Beach Police Department. -notified -of two specific incidents of being harassed. -took notes on what -told him and later furnished those notes to me, for my administrative investigation. I asked-to relay what was reported to him and he said the first incident occurred on September 17, 2020. -was taking a report from a citizen at the front desk of the Police Department. There was a Parking Control Officer present at the time-was talking to the citizen. -looked back and saw Tennant approach the Parking Control Officer and say somethin~ effect of, "You see that cop over there he's shady, he can't be trusted." -- attributed the comment to the fact he was dating Tennant's ex-girlfriend. -did not obtain the case number related to the call -was investigating at the front desk. I asked how-was aware Tennant knew he was dating his ex-girlfriend. he had a conversation with Tennant on September 10, 2020, wherein he disclosed the relationship to Tennant. During that conversation, Tennant questioned -about the time frame in which they were dating, concerned it coincided with the time Tennant was in an active relationship with her. Tennant sent-a text later in the day calling him, "Shady," or a "Liar." The second incident occurred on September 24, 2020, at about 4:20 pm, when -was at the Huntin ton Beach Police Department south substation with went in to use the restroom and left his mobile data computer, cell phone and wallet on one of the desks. When -exited the restroom, he observed Tennant leaning over his mobile data computer but never saw him typing on it. Tennant then walked out of the substation. -later told -he saw Tennant typing on his mobile data PSU2020-0050 Administrative Investigation 14 of34 computer. -told -he received a messa e from asking him why he sent a message. she received a message from him, which stated he w~.~.2§.b.~.9.~/ or a "Liar." -said the statements were to the best of his and--recollection. -did refer to text messages; however, -never ordered him to retain said messages. On September 26, 2020, -sent Tennant a text message saying they needed to get together and talk about what was goi!:!a..2!l..lennant declined stating there was nothi~k about and again called--"Shady." Despite Tennant's declination, --waited at Huntington Beach High School to meet with Tennant. Officer -was also present in order to act as a mediator. -sent Tennant a message indicating his actions were unprofessional and if it continued he would have to go to a s~ to resolve the issue. Tennant did not show up for the meeting and -did not receive any further messages from Tennant. I asked if the meeting was to have occurred on or off- duty and-said, "On-duty." On September 27, 2020, -had a conversation with She asked him why-sent a text message to Tennant reference going to a supervisor. Tennant had taken a screen shot of the aforementioned message and sent it to-phone. This information was based on what-told ~nd he never saw the screen shot of the message on her phone. A fire alarm occurred during the interview with -and we had to suspend the interview at 9:09 am. We reconvened the interview at 9:37 am and I reminded-the initial order I had read him was still in effect. indicated he understood. he began receiving text messages from random men inquiring about a~ an on line dating website. The advertisement was for a, "Sexy top party."--began receiving the text messages on September 20, 2020. -spoke to one of the men and discovered someone had created a ~ing with a photograph of him, taken from his Facebook.com account. --personal number was also listed on the posting. The posting stated his roommate was out of town and he was seeking to host a, "Sexy top party." This was supposedly a posting on a homosexual dating website. -indicated he had not made the posting. There was a similar post~tember 26, 2020, again mentioning wanting to host a, "Sexy top party." --denied posting this and believed Tennant had posted his information online. said this belief was based on the current state of his and Tennant's relationship along with the fact Tennant had the photo from the posting on his cell phone. PSU2020-0050 Administrative Investigation 15 of34 I asked product. affected if he has seen this issue adversely affect -work said -work product does not appear to have been and he still is a hardworking and proactive officer. said eared frustrated and had tried to settle the issue earlier on. as being, "Pretty bummed out about it," when he was describing what was happening to him. -said it appeared - did not want the issues between him and Tennant to have risen to a level, which caused him to report it to a supervisor. -also described -as being exhausted by the situation. Upon learning of the issues between -and Tennant, -reported the information to the on-duty Watch Commander, Lieutenant . I asked -if it appeared to him, had any first-hand knowledge of any of the information and he did not believe did. -had no first hand- knowledge of the harassment occurring between Tennant and-· He did however, know Tennant ~et with-for dating his ex-girlfriend and would, "Talk smack," on ~o whoever would listen to him. -had no knowledge of anything occurring, which would have risen to the level of misconduct. asked -a follow up question about the front desk incident and asked if what Tennant said was able to be heard b~izen. told -the citizen looked at him in way that made --believe the citizen was wondering ~twas saying what he said. Since -reported the harassment to--on October 1, 2020, he has learned of no further incidents of harassment directly from Tennant. -had nothing further to add and we did not ask any additional questions. I read -the admonishment not to discuss the investigation with anyone and he indicated he understood the order by initialing it. PSU2020-0050 Administrative Investigation 16 of34 Officer Interview: On October 15, 2020, at 8:05 am, Sergeant and I conducted a recorded witness interview with Officer-in the Professional Standards Unit Office. Prior to the start of the interview, I advised-of the witness admonishment and he indicated he understood it by signing the form. I informed-the~ation involved incidents he reported to- on October 1, 2020. -said he did speak with first at the heliport and then in the Sergeant's Office. -said the reported incidents involved Tennant's actions which was, "Not happy about." -said he and Tenant are not on the same squads; however, their paths cross in the work place. -then provided the, "Back story," to what led the issues at hand. Tennant had been dating a female by the name of Last December, Tennant brought to a Christmas party where first met her. Shortly after that party, and Tennant broke up. After about 8 months, • reached out to on social media and the two decided to go out for drinks. The two began dating and on September 10, 2020, the relationship grew to the point, -felt he needed to tell Tennant about the relationship with his ex-girlfriend before he found out from someone else. -approached Tennant in his office and disclosed the relationship. - said Tennant was upset he did not ask him for permission prior to dating his ex- girlfriend. Tennant believed -was dating his ex-girlfriend when he and -went on a trip to Big Bear together. Tennant alleged the relationship violated, "Bro-code." -would later say there were no other people in Tennant's office when this conversation took place. Tennant sent a text message later that day telling -"That shows what kind of guy you are." -would learn Tennant was telling -co- workers that he was shady and could not be trusted. On September 17, 2020, -said he was outside of the Police Department lobby doors and taking a report for a citizen, who was turning in some keys. -said a parking control officer was walking outside of the lobby doors and Tennant was walking towards the lobby doors from the parking lot. Tennant flagged the Parking Control Officer down and said, "Hey you see that officer right there, he's shady and he can't be trusted, don't trust him." Tennant was about ten feet away from when he said what he said and -was able to hear him. I asked if he believed Tennant intended on him hearing what he said and told me, "Yeah absolutely." -was unsure of who the Parking Control Officer was. -described the parking control officer as being a male white with a heavier build. He further described the Parking Control Officer as having short hair. -believed the statement by Tennant caused the citizen to pause, but the citizen never said anything to PSU2020-0050 Administrative Investigation 17 of34 responded to Tennant by saying, "Okay Tennant, have a good day." I asked if he had his body camera on at that time and he said he did not. took a report on the call but did not have the case number available. He said the call was at 3: 17 pm. -said that was the only call he handled in the area of the lobby doors. -discussed a second incident which occurred on September 24, 2020. He was in the south substation and using the restroom. -left his mobile data computer, wallet and cell phone on the desk while he was in the restroom. said the time was about 3:00 pm and his call sign was, '1-charlie." said Tennant walked into the substation at that time and someone said, "Your favorite person is here." When he exited the restroom, Tennant was hunched over -mobile data computer. -said he initially did not think anything about it and even offered to allow Tennant to use his mobile data computer if he needed one. He said Tennant made a comment and walked right past him. -later got a message from Officer -whose call sign was, '.1::2@e," that day. The computer message read, "Why would you say that." -called -and she told him she received a message from him which read, "I'm shady and I can't be trusted." -had no indication any other messages were sent from his mobile data computer that day. I asked -if he sent the message to -and he said, "No." He said no one else would have had access to his mobile data computer. -would later say -and both confirmed to him, Tennant was typing on his mobile data computer. did not recall seeing anyone else at the substation when this occurred. never saw the message, allegedly sent to -believed this incident was attributed to his relationship with -- said he has never had any issues with Tennant prior to disclosing his relationship with her. I asked -about the comment Tennant made, prior to walking out of the substation. Tennant asked, "How were the dates?" -believed this was in reference to an advertisement that had been placed on a dating website. The advertisement had a picture of -and his phone number listed on it. -did not respond to Tennant's comment. I asked -about the dating website advertisement. -said it was created on doublelist.com. He started receiving messages on his phone on September 20, 2020, at about 3:00 pm. -said he started receiving messages which read~man total top here," and another message included a picture of a penis. -described doublelist.com as a, "Hookup," website for both heterosexual and homosexual interactions. After receiving several messages, -asked one of the senders to take a screen shot of the posting and send it to him. After one of them did, -noticed the post had a PSU2020-0050 Administrative Investigation 18of34 picture of him, which had previously been on his social media platforms. The post read, "Hey guys, roommate gone for the day looking to host a sexy top, send me pies." The head line on the advertisement read, "Bottom hosting." -believed tops and bottoms reference positioning during male homosexual intercourse. About one and half years before this occurred, Tennant told -he had found compromising photos of him on social media and would later use them to embarrass him. -knew Tennant had an album on his phone with all of the compromising pictures, including the picture of-which was used to create the doublelist.com posting. On September 17, 2020, when -tried to arrange a meeting between him and Tennant, Tennant refused. Later that evening, another post on doublelist.com was created. This furthered - suspicion, it was Tennant who was creating the posts without his authorization. Additionally, -thought the comment made by Tennant asking him how the dates were, made him believe it was Tennant who created the account. -had never created an online account with doublelist.com. After he started receiving messages, he created an account (not in his name) in order to try and flag the unauthorized account with his personal information. found the post because one of the messengers sent him a link to it. discovered his name was not listed on the post, only his phone number. was unaware if Tennant had a doublelist.com account and Tennant had never mentioned the website to him in the past. -had never heard Tennant use the term, "Sexy top," in the past. -had no knowledge of Tennant opening an online dating account with someone's personal information in the past. -was unaware if this has happened to anyone else. I asked -to voluntarily send me information from his personal phone. He had taken screen shots of relevant messages, which have been incorporated as reference material in this investigation. -had created an account on doublelist.com for the sole purpose of trying to flag the fraudulent profile, with his picture, so it would be taken down; however, he believed it had not been taken down as a result. I asked -if he tried to reach out to Tennant and he said he did. On September 26, 2020, -texted Tennant and tried to arrange a meeting so they could discuss their issues. -asked Officer to meet him at Huntington Beach High School to act as a mediator. goal was for the aforementioned issues to cease occurring in the workplace. Tennant responded that there was nothing for them to talk about and then again referred to - as being, "Shady," and a "Liar." -responded and said there was plenty to talk about and asked Tennant to meet him at Huntington Beach High School. Tennant never responded to the text and never met -at the high school. -texted Tennant that he was hoping they could work out their differences. PSU2020-0050 Administrative Investigation 19of34 He told Tennant that his behavior was unprofessional, referencing the computer message and comments made in front of the citizen.~ Tennant he did not want his behavior to escalate to the point where~ would have to get someone else or get a Sergeant involved. Tennant never responded to -text message. The next day, Officer -approached -and questioned him about him threatening to go to a supervisor. had obtained a screen shot of the text message -sent to Tennant. was unable to explain why Tennant would have sent the text message to He was uncertain if Tennant sent the screen shot of their text conversation to anyone else. -indicated, other than what had already been discussed in the interview, there were no other incidents with Tennant. The last time -communicated with Tennant was on October 1, 2020. They saw each other on a traffic stop and Tennant did not talk to him. I asked how the issues with Tennant have affected his working conditions. said it has made him uncomfortable because Tennant has been telling people he -cannot be trusted and that he is a liar. Other employees have approached -and expressed their "different judgements," about -decision to date Tennant's ex-girlfriend. - said he does not believe his work performance has been affected by the contentious relationship but his "attitude," has. I asked him what he meant by his attitude and he said it upsets him that other people are approaching him with different views about how he is handling his personal life. I asked -if he believed Tennant was talking to people in an effort to discredit him and he said, "Yeah." -believed Tennant was trying to make others believe he was dating Tennant's ex-girlfriend at the same time he was. if he knew if Tennant had communicated with since had disclosed their relationship. He said on the night disclosed the relationship to Tennant, Tennant texted--"Really?" To -knowledge, that was the extent of their communication. -indicated there have been no threats of violence. I asked -if he was desirous of prosecution for the online profile being created with his picture and phone number and -said, "Not criminal prosecution no." asked -what he believed the best resolution would be with regards to the ongoing issues. -ultimate goal was for Tennant's alleged behavior to stop. He said he did not want him prosecuted or disciplined, but understood issues regarding discipline were out of his hands. PSU2020-0050 Administrative Investigation 20 of34 I asked -if he felt frustrated and he said, "Yeah I felt frustrated, I didn't know what else he would do. It was kinda like a what's next as opposed to when is this gonna stop." -adamantly denied dating -• or communicating with her while she was dating Tennant. -had nothing further to add and I did not ask any additional questions. I ordered -not to discuss the investigation with anyone and he said he understood, prior to initialing the form. PSU2020-0050 Administrative Investigation 21 of34 Officer -Witness Interview: On October 16, 2020, at 8:40 am, I conducted an audio recorded interview with Officer -in the Professional Standards Unit Office. Prior to starting the interview, I read -the witness admonishment and she indicated she understood it by signing the form. I asked -if she was working on September 24, 2020, and she said, "Yes." I asked her what her call sign was that day and she said it was, 'I Charlie." I asked if, on that day, she received a message on her mobile data computer from and she said, "Yes." She remembered the message read something to the effect of, "I'm • and I can't be trusted." - responded with something to the effect of, "LOL what are you talking about?" She received a phone call from asking her what the message read and -told him what it said. never made any mention, to - what the message was about. -received no other messages of that nature from -and received no messages from Tennant. She was unaware of any issues that existed between -and Tennant. -had nothing further to add and I asked her no additional questions. I read her the admonishment not to discuss the investigation with anyone and she indicated she understood by initialing the form. PSU2020-0050 Administrative Investigation 22 of34 Officer -Witness Interview: On October 16, 2020, at about 12:00 pm, I conducted an audio recorded witness interview with Officer -in the Professional Standards Unit office. Prior to the interview, I read her the witness admonishment and she indicated she understood it by signing the form. I advised -the investigation involved a text message she received from Tennant. She did not remember the date the message was sent, so I asked her if she would access her phone to retrieve the message. I told her I was not ordering her to do so, but she complied with the request. She told me the message was sent on September 26, 2020. She said the text message was a screen shot of a text message conversation between -and Tennant. -did not know why the message was sent to her and she did not have any kind of special relationship with either officer other than a working one. - said the text was random and there was no conversation leading up to the text. In fact, -does not consistently text with Tennant and only assumed Tennant sent the text because she had been on the same squad with- -spoke with about the text message and told him to keep her out of their business. also told Tennant to keep her out of the middle of their issues. To date, the two have not involved-with any additional issues. -had nothing further to add and I asked her no additional questions. I read her the admonishment not to discuss the investigation with anyone and she indicated she understood by initialing the form. PSU2020-0050 Administrative Investigation 23 of34 Officer -Witness Interview: On October 30, 2020, at 9:23 am, I conducted an audio recorded interview with Officer -in the Professional Standards Unit Office. Prior to starting the interview, I read him the witness admonishment and he indicated he understood it by signing the form. I informed -the investigation involved an ongoing dispute between Officers and Tennant. -was aware of their contentious relationship due to dating Tennant's ex-girlfriend. -estimated the issue had been going on for approximately 6 weeks. -has heard Tennant making disparaging comments to -while in their presence. He said he heard Tennant call -"Shady," while they were in the south substation. -agreed the incident occurred on or around September 24, 2020, at about 3:00 pm. -said -was walking in and out of the substation and might have walked in right after the comment was made. On the date and time in question, Tennant walked into the south substation and started to walk towards the restroom. -told Tennant, -was in the bathroom. Tennant noticed computer on the desk and typed on it for about 15 seconds, until came out of the restroom. said they exchanged words and he described it as, "Nothing crazy." remembered Tennant calling -"Shady," and that he can't be trusted and remembered -being somewhat passive. I asked -if he could see what Tennant was typing on -computer or who he was typing to and he said he could not. I asked -if~g else happened that day. He replied that Tennant's behavior towards -was, "Constant." I asked him to elaborate and - said, every ti~ would pass each other, Tennant would say something derogatory to --learned of this because -would update him after Tennant said something derogatory. On or around September 26, 2020, -asked -to go to Huntington Beach High School with him, in order to meet Tennant. Tennant never came to the school. -said -asked him to come along to keep the peace during an effort to end the conflict with Tennant. -also told -about the online dating profile established with his likeness and phone number. He denied making the profile and believed it was Tennant who established it. -described -as being, "Pretty upset," as he was receiving texts from other men because of the profile. -was unaware of who established the online profile. -has never heard Tennant PSU2020-0050 Administrative Investigation 24 of34 mention anything about online dating. He also had no knowledge of Tennant creating an online dating profile with anyone else's personal identifying information. I asked to describe -demeanor as a result of the conflict and he told me wanted the conflict to end and had anxiety about it. I asked -if he could see the conflict affect -work and he said it did not. -had nothing further to add and I did not ask any additional questions. I read him the admonishment not to discuss the investigation with anyone and he indicated he understood it by initialing the form. PSU2020-0050 Administrative Investigation 25 of34 Officer Witness Interview: On October 30, 2020, at 3:05 pm, Sergeant and I conducted a recorded witness interview with ~ofessional Standards Unit Office. Prior to starting the intervie~ the witness admonishment which he indicated he understood by signing the form. the investigation involved a contentious relationship and Tennant which also involved alleged harassment. indicated he had previously been on the same day watch s~ was aware of the animosity between Tennant and - and that it stemmed from their personal relationship outside of work. I asked -if he had seen any type of harassment between -and Tennant, prior to September 17, 2020, and he said he did not recall seeing any. I asked -if he was at the south substation on September 17, 2020, at about 3:00 pm, and he said, "Yes." -said Tennant entered the south substation just before he did. When he entered, he saw -and Tennant but did not initially see -Tennant was standing by a desk with a computer in front of him. Tennant was slouched down~mputer, but -could not see what he was doing on it. I asked -if it appeared Tennant could have been typing or was ty~e said, "Yes." I asked if he saw Tennant walk in with a computer and -could not remember. Tennant moved away from the computer and -walked into the room. -remembered a small verbal exchange but he could not recall exactly what was said. Tennant then left the substation, shortly after that exchange. -looked at the computer and asked if Tennant had sent anything from his computer. -did not say ~g because he was unsure of what Tennant had been doing. I asked if-confirmed Tennant had been typing on the computer and he could not remember if -had. -said was able to confirm a message had been sent from the computer but was unsure of what the message said. -left the substation after Tennant did. I asked -if, since that day, he has heard Tennant being demeaning or unprofessional with -and he said he had not. has never heard Tennant mention a website called doublelist.com. has not had any type of in depth conversations with either Tennant or about their relationship with each other. -did know the issues between the two had caused -to be upset; however, he never saw it affect -work. ~further specific details and I asked no additional questions. I ~ not to discuss the investigation with anyone and he indicated he understood by initialing the form. PSU2020-0050 Administrative Investigation 26 of34 Officer Tennant Subject Interview: On November 19, 2020, at about 2:55 pm, Sergeant and I conducted a recorded subject interview with Tennant in the Professional Standards Unit Office. Tennant was represented by his attorney, Mr. - -Esq. Prior to the start of the interview, I read Tennant the subject admonishment form, which included a Miranda advisement. Tennant declined to waive his Miranda rights. I then read him the Lybarger warning which he indicated he understood by signing the form. I asked Tennant if he was aware of who Officer -and --were. He said he knew both and was his ex-girlfriend. I asked Tennant if, on or about September 10, 2020, disclosed he was dating -Tennant said he had and that they were the only people present in the traffic office, where the conversation took place. Tennant questioned -about the timing of their relationship. He had not been aware of the relationship prior to this disclosure. I asked Tennant if he texted -later that day and he said he did. I asked him what he said and he replied, "I said something to the effect of this shows your character. It shows what type of guy you are." He said he might have also referred to as being shady or a liar. I asked Tennant if he made reference to being shady or a liar to other employees and he said he had. I asked Tennant about the incident which allegedly occurred on September 17, 2020, at about 3: 15 pm, in the area of the front door to the Police Department. Tennant recalled seeing -outside speaking with a citizen. Tennant also remembered seeing Parking Control Officer -walking out of the station. Tennant spoke with -in passing and told him, "Watch your back with this guy." Tennant indicated, "This guy," was intended to represent -I asked Tennant why he said that and he said it was because he was upset and also said, "I like and I wanted him to know just maybe be careful of this guy." Tennant said -was either 30 or 50 feet away when he made the comment to -Tennant could not recall if -reacted to what he had said. asked Tennant if he was making the comment to -in a volume that could be heard by-Tennant replied, "I don't remember how loud I said it, but I didn't say it with the intention of saying it loud enough for -to hear me." I asked Tennant if he recalled walking into the south substation on September 24, 2020, at about 3:00 pm, and seeing Officer -seated at a table. Tennant said he did and that was the only other person he saw upon entering the substation. He also believed he had seen Officer -that day. PSU2020-0050 Administrative Investigation 27 of34 Tennant went to the substation so that he could use the bathroom prior to going to eat sushi. Tennant noticed -come out of the bathroom. Prior to -exiting the restroom, Tennant said he noticed a, "KOT," also known as a mobile data computer, on a table. He wanted to check to make sure there were no calls waiting, so Tennant used the aforementioned, "KOT." Tennant could not remember if he had been made aware -was in the substation prior to checking for calls holding. Tennant did not remember someone telling him his, "Favorite person," was in the bathroom. I asked Tennant who he believed the computer belonged to and he said he did not know. I asked him again and he reiterated he did not know who the computer he was using belonged to. I asked him if he sent any messages from that, "KOT," and Tennant responded, "No." Tennant indicated the computer was not his but it was already open and there was no need to log into it. I again asked Tennant, "Okay. And so you --you did not send any messages to anybody on that computer?" Tennant again responded, "No." Tennant went on to explain he might have hit the F6 button which was a, "Hot key." I asked Tennant what happened when -came out of the restroom and he said he walked past -and said, "Hey, what's up, shady guy?" Tennant then went to the bathroom and went out of the back door. Tennant did not know if anyone else had been typing on -computer. I asked Tennant if he typed the words and sent a message to two other employees which read, "Just so you know I'm shady and a liar." Tennant replied, "No." Tennant said, "Yes," when I asked, "We discussed earlier that you refer to -as being shady and a liar, correct?" I showed Tennant and Mr. -the record of messages showing the aforementioned computer messages were sent from -computer on September 24, 2020, at 4:26 pm. Tennant reviewed the message sent records and said at 4:26 pm, he was already walking to sushi. I asked him, "So just to be clear you did not type that?" Tennant replied by saying, "No." I asked him again and he replied, "No." I then confirmed his statement that the only thing he might have pushed was the F6 button and he replied, "Yeah. Like F6 and then calls holding." I asked Tennant if there was a reason Officer -would say that he had seen him typing on -computer and he said he did not know. I asked again and Tennant made the following statement, "I don't know why he would say that. I don't know what he --what he means by typing on --on his computer. I was barely in the south substation for a long enough time to write these --or type these messages." PSU2020-0050 Administrative Investigation 28 of34 Tennant said he was in the south substation for about twenty or thirty seconds before he, "Checked the KOT and-came out." Tennant made a comment to -and then used the bathroom, before leaving out of the back door. Tennant was unsure exactly how long he was in the bathroom. Tennant went to eat but did not put himself out on an official, "Code-7 (Lunch Break)." asked Tennant if he had the ability to check calls waiting, prior to going into the substation and Tennant said he was able to but did not. Tennant also claimed to have had no idea -was at the south substation. Upon entering the south substation, Tennant admitted seeing -typing a report and seeing another open mobile data computer open and unoccupied. asked Tennant, "You didn't ask-whose computer that was?" Tennant responded b sa ing, "No." Tennant again indicated he did not remember -telling him was in the south substation. Tennant indicated he was on good terms and- Tennant did not recall if-was typing on his mobile data computer or the desk top. I asked him, "Is there a reason you wouldn't have just asked him -to check calls for service for you?" Tennant said, "He looked like he was busy writing a report." Tennant indicated he went to Sushi on Fire and met his girlfriend who was there. He used his credit card to pay and walked through the alley behind Dos Toros to get there. I asked Tennant if he was aware of a website called doublelist.com and he said he was not. Tennant denied ever creating an account with that website. I asked him if he was aware of what an IP address was and how it worked. Tennant said yes to both. I asked him, "Did you create an account with -phone number and picture on doublelist.com and he said, "No." I showed Tennant the picture of-in where it displayed him standing in front of a blue classic car, while having fake visible tattoos. I then asked him if he ever possessed that photograph on any digital device and he said, someone had sent that photograph on a group chat, "A long time ago." I asked him if he saved the image to his phone and he said, "No." I reiterated my question about saving the image to his phone and he then said, "I may have a couple of years ago, but I don't have it now." He was unable to recall the last time he had the image on his phone but said he remembered the aforementioned group chat being two or three years ago. I asked Tennant if he knew what a, "Sexy top," was and he said, "No." He also denied knowing what, "Bottom hosting," meant. I read both doublelist.com posts which reportedly depicted -seeking homosexual encounters and also let him read the posts. Tennant said, "No," when I asked him if he created either of those posts. I asked Tennant if he knew who created either post and he PSU2020-0050 Administrative Investigation 29 of34 indicated he did not know. He said no one told him they had posted either and he did not know anyone with a doublelist.com account. I asked him if - ever told him he had a doublelist.com account and he said, -had not. I asked Tennant if he had ever threatened to use compromising photographs of -against him. Tennant responded, "I don't remember saying that, but I remember when I was in that group chat people were making fun of his photos that was found on is social media. I don't know exactly what I said. But I wouldn't threaten him. May --maybe it was a joke, but I wouldn't threaten him with using his photos." I redirected Tennant back to the alleged incident at the south substation on September 24, 2020. I asked him if he ever said something to -to the effect of, "How were the dates?" Tennant did not remember saying that so I asked him if it was possible he would have said that. Tennant replied, "I don't know what context I would say that in. I don't even know what that means." After further questioning, Tennant stated, "I did not say that." I asked Tennant if he was aware it was illegal and prohibited by criminal statute, to create an on-line profile with another person's personal identifying information such as a photograph and phone number. Tennant responded by saying, "Yes." I also questioned Tennant again by asking, "Okay. And just to be clear while you were at the substation you never sent anyone a message from -KOT." Tennant responded by saying, "No." On September 26, 2020, Tennant recalled receiving a text from him to meet at Huntington Beach High School to talk. Tennant claimed did not say what he wanted to talk about but Tennant believed it had to do with him calling -"Shady and a liar." Tennant did not go to the high school because he did not want to engage with -The last time Tennant engaged -was at the substation and he had come to the realization he was done with the situation. I asked if during that conversation he referred to -as being shady and a liar and he said, "Yes." During that conversation, Tennant recalled -putting him on notice his behavior was unprofessional and if it continued or escalated he would go to a supervisor. I asked Tennant, "Okay. Do you feel that your behavior towards him was unprofessional?" Tennant responded by saying, "I do now. Yes." I asked Tennant if it was his intent to make -feel uncomfortable in the work place and he said, "No. My intent was not to harass him or bully him." I asked Tennant what his intent was and he said, "I --To be honest I was upset and I felt betrayed. I just wanted to --I spoke my mind that he was --he acted PSU2020-0050 Administrative Investigation 30 of34 shady to me and he - -that he lied to my face." Tennant claimed -lied to him about when he started dating his ex-girlfriend . I asked Tennant if he took a screen shot of -text message reference going to a supervisor and he said he did . I asked him if he sent that screen shot to Officer -and he said he did not remember. He then said it was possible he did, when I told him -reported having received the screen shot from him. I asked him why he would send -the screen shot and he remembered previously discussing the situation with her. I asked Tennant to estimate how many people he referred to -as shady and a liar to and he said, five to ten. Tennant claimed to have not spoken or seen -after the message reference going to a supervisor. Tennant claimed he avoided in order to avoid escalating the conflict. asked Tennant if he ever had •relay any messages to-and he said he did not. asked Tennant if he was aware of what a, "VPN," was? Tennant indicated he knew what it stood for a Virtual Private Network. Tennant denied subscribing to a VPN. I asked him if he allowed anyone else to use his personal cell phone or computer and he said he did not. Tennant also confirmed his personal cell number and his personal email was . I asked him if a search warrant was to be obtained, if his IP address or email or any identifying information would come back with any connection to doublelist.com and he said, "No." I asked him if he was one hundred percent sure of that and he said, "Yes." I asked Tennant no additional questions and ordered him not to discuss the investigation with anyone other than myself or his representative. Tennant indicated he understood the order by circling yes and initialing the form. PSU2020-0050 Administrative Investigation 31 of34 Officer -Witness Interview #2 On January 20, 2021, at about 3:45 pm, Sergeant and I interviewed for a second time in the Professional Standards Unit Office. I read the witness admonishment and he indicated he understood it by signing the form. -recalled our earlier interview related to an incident which occurred on September 24, 2020, at the south substation and he still had an independent recollection of the events that day. During the initial interview, -agreed the incident occurred around 3:00 pm; however, he said it could have occurred later in the day and after, "Swings came ~ assumed the time frame occurred between 3:00 pm and 4:45 pm. ~ated he was there with -and their day watch routine was to go to the substation when swing shift came out so they could finish reports if it was not too busy. They would generally try and leave the substation by 4:45 pm. I confirmed -recalled Tennant on -computer, while -was in the bathroom of the substation. I asked him to recall what he saw Tennant doing on -computer. He recalled Tennant typing on -computer. I asked him to estimate how many words he heard Tennant type and he estimated enough words for a sentence. I asked him if it sounded like the click of one button and he indicated it sounded like the typing of more than one word and less than ten. -later learned what Tennant had typed on the computer, but at the time of our second interview, did not have an independent recollection of what exactly had been typed. just remembered it being something derogatory. I confirmed with his recollection was an approximate sentence being typed by Tennant and not just the single click of a button, for example checking for calls waiting. I then asked -"Is there any doubt in your mind that he could have just hit one button and checked for calls service [sic]?" - replied, "No." I reaffirmed with -Tennant was the only other employee he saw typing on -computer. -has spoken with Tennant since this investigation has been initiated but the conversations had nothing to do with the nature of the investigation. I then ordered -not to discuss the investigation with anyone and he indicated he understood by initialing the form. PSU2020-0050 Administrative Investigation 32 of34 Investigator Notes: --informed of the harassment from Tennant. The harassment stemmed from -dating Tennant's ex-girlfriend. -Tennant became aware of the relationship because -disclosed it. Tennant made disparaging comments about -to a Parking Control Officer. Video obtained corroborated the aforementioned event but neither witness recalled what, if anything was said. Tennant was alleged to have typed on -mobile data computer without his consent. Those messages were disparaging in nature and sent to another uninvolved officer. -An audit of mobile data computer messages corroborated this and witnesses reported seeing Tennant typing on -computer. --phone number and photograph were used to create and online dating profile, seeking homosexual intercourse. --knew Tennant to be in possession of the photograph which was used to create the profile. --attempted to resolve the issues between him and Tennant without success. Thus, he sought supervisorial assistance. Tennant was interviewed and denied sending messages from - mobile data computer. In fact he indicated he was at Sushi On Fire when they were sent. Tennant denied creating an on-line dating profile with -image and phone number one doublelist.com. Video evidence contradicted Tennant's statement and revealed he could have been in the sub-station when the messages were sent. A criminal investigation, which included the service of search warrants confirmed Tennant was the subscriber of an IP address connected to the aforementioned doublelist.com account. -An administrative watch was placed on that criminal investigation. PSU2020-0050 Administrative Investigation 33 of34 The Records Administrator was alerted Tennant accessed the aforementioned report in the records management system. Tennant was noticed of the expanded scope of the administrative investigation and the need for an additional interview, prior to being placed on administrative leave. Tennant went out on leave and never made himself available for a subsequent interview. The Orange County District Attorney's Office filed two misdemeanor counts of PC 528.5 (a) (Internet Impersonation) on Tennant. A press release was disseminated, naming Tennant as a criminal defendant and identifying him as a member of the Huntington Beach Police Department. Tennant was indefinitely unavailable for a second interview therefore the investigation was completed without it. PSU2020-0050 Administrative Investigation 34 of34 ~ ~ CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Julian Harvey, Chief of Police FROM: Uniform Division Cornman DATE: June 25, 2021 SUBJECT: ALLEGATION OF EMPLOYEE MISCONDUCT PSU#2020-0050 I reviewed this investigation, which was completed by Sergeant of the Professional Standards Unit. The investigation involved Officer Tennant, who was alleged to have harassed a fellow employee, was dishonest and insubordinate during his interview, criminally violated Penal Code 528.5(a) (Internet Impersonation) and accessed a criminal investigation without a legitimate purpose . The employee who Tennant allegedly harassed was Officer and the harassment was due to having a dating relationship with an ex-girlfriend of Tennant's . Criminal Conduct With regards to the allegation of criminal conduct by Tennant, there are facts from the investigation that support a sustained finding against him . I believe Tennant violated the below policies, which is supported by the following information: 340.4 General Standards -Members shall conduct themselves, whether on-or off-duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority . 340.5.1 (c) Laws, Rules and Orders -Violation of federal , state, local or administrative laws, rules or regulations. 340.5.2 (g) Ethics -Any other failure to abide by the standards of ethical conduct. 340.5.8 Performance- (e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (i) Any act on or off duty that brings discredit to this department. 340.5.9 CONDUCT - (h) Criminal, dishonest, or disgraceful conduct, whether on-or off-duty, that adversely affects the member's relationship with this department (m) Any other on-or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members received text messages from unknown individuals, who had seen an advertisement on the "doublelist.com" web site. The advertisement included a picture of and solicitations of homosexual sex acts. never gave permission for anyone to post such an advertisement and knew Tennant had been in possession of the picture that was used. During his interview, Tennant denied creating the on-line dating profile with image and phone number. Tennant also said he had not allowed anyone else to use his cell phone or computer, and his IP address would not have any connection to "doublelist.com." A criminal investigation was initiated by Sergeant for being a victim of 528.5 (a) PC, Impersonation of another through Electronic Means or Internet. During the investigation, a search warrant revealed the computer IP address used to create the fictitious account with information was assigned to Tennant and his home address. Additionally, the investigation was forwarded to the Orange County District Attorney's office, who believed there was evidence beyond a reasonable doubt to file criminal charges against Tennant for two misdemeanor violations of 528.5(a) PC. The Orange County District Attorney's Office also issued a press release detailing the investigation and criminal filing with Tennant as the suspect. Dishonesty/Insubordination There are also facts in the PSU investigation that support the allegation Tennant was dishonest, as well as insubordinate, during his interview with Sergeants and I believe Tennant violated the below policies, which is supported by the following information: 340.5.2 (g) Ethics -Any other failure to abide by the standards of ethical conduct. 340.5.8 Performance - (a) Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work related investigation. 2 (b) The falsification of any work-related records, making misleading entries or statements with the intent to deceive. (c) Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department related business. (d) Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. 340.5.9 CONDUCT - (h) Criminal, dishonest, or disgraceful conduct, whether on-or off-duty, that adversely affects the member's relationship with this department (m) Any other on-or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members At the beginning of the interview, Tennant was ordered to answer questions truthfully and accurately. He was asked in the interview if he was responsible for sending the disparaging message, "Just so you know I'm shady and a liar," from Mobile Data Terminal, while was in the south substation bathroom. Tennant told the sergeants he did not send any messages and did not actually type anything on computer. He said all he did was hit the "F6" key to look at "Calls Waiting." Tennant also denied anyone telling him the computer belonged to Officers and were present in the south substation and in interview he said he told Tennant that was in the bathroom. said Tennant noticed mobile computer on the desk, and he typed on the computer for about 15 seconds. This is inconsistent with his statement he pressed one key and more consistent with typing a message. said it appeared Tennant could have been typing on computer. Additionally, video evidence located during the investigation showed Tennant could have been at the south substation, contrary to his statement that he was at Sushi on Fire at the time the message was sent from computer. Also during his interview, Tennant said he referred to as "shady and a liar" several different times. This is the same phrasing that was sent from computer. I feel Tennant was dishonest in the interview when he denied typing and sending the above described message. During Tennant's interview he was also asked about creating the fictitious on line profile on "doublelist.com." Tennant was asked if he created an account with 3 phone number and picture, and he said he had not. He was also asked if he was familiar with the website "doublelist.com," and he said he was not. Additionally, Tennant stated he had not let anyone else use his personal cell phone or computer. As previously pointed out, a criminal investigation and search warrant service occurred regarding being a victim of Internet Impersonation. During that investigation, it was determined the fictitious account using information was created from a computer IP address belonging to Tennant. Based on the above information, I believe Tennant was the one who created the fictitious account with "doublelist.com," and was again dishonest and insubordinate during his interview with and Harassment Regarding the allegation Tennant engaged in harassing behavior towards I find the PSU investigation revealed enough facts to support this allegation. I believe Tennant violated the below policies, which is supported by the following information: 340.5.9 CONDUCT (f) Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (m) Any other on-or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members During his interview, described an incident that took place at the police department's front desk, where Tennant flagged down Parking Control Officer and pointed out while saying "He's shady and he can't be trusted. Don't trust him." recalled the interaction with Tennant even though he could not remember what was exactly said, and also located video footage of the same interaction. These statements were negative in nature and made to a fellow employee, as well as in front of a citizen. Another example of harassing behavior was when Tennant sent a Mobile Data Computer message from computer to Officer stating, "Just so you know I'm shady and a liar." Additionally, Tennant obviously intended on harassing by creating a fictitious account on "doublelist.com" with information, which caused him to receive random text messages soliciting sex acts, some of which included unsolicited photos of male genitalia. 4 Accessing of Criminal Investigation Regarding the allegation Tennant inappropriately accessed the criminal investigation involving him as the suspect, it is my opinion that allegation be NOT SUSTAINED. I do believe Tennant attempted to access that investigation to gain information, but it is unclear if he actually read any of the reports in the system or if he heeded the electronic warning. RECOMMENDATIONS I reviewed Officer Tennant's previous discipline history and discovered the below information: 06-17-2017 Official Reprimand laws, rules or regulations 11-10-2017 5 Hour Suspension habits 340.5.1 ( c)-Violation of ... administrative 340.5.1 O(f)-Unsafe or improper driving 03-12-2018 Official Reprimand 1058.4 (f)-Prohibited Speech, Expression and Conduct and 340.5.9 (m)-Conduct unbecoming 03-12-2018 10 Hour Suspension habits 04-23-2019 20 Hour Suspension habits 340.5.1 O(f)-Unsafe or improper driving 340.5.10 (f)-Unsafe or improper driving As a police officer, Officer Tennant is required to uphold the law both on and off duty, be honest and truthful when being interviewed or testifying on departmental matters and follow departmental policy. Through his misconduct, Officer Tennant has failed to demonstrate that he can perform the requirements of a police officer. I am therefore recommending Officer Tennant be TERMINATED. 5 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEW BY: CASE NO.: DATE: TAPE: TRANSCRIBED BY: FILE NO.: OFFICER STEVEN TENNANT SERGEANT SERGEANT 2020-0050 11-19-20 Tennant Interview.DS2 HBPD 2020-0050 Steven Tennant 11-19-20 jl CRON & ASSOCIATES TRANSCRIPTION INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 All right. This is going to be a Subject 2 Interview with Officer Tennant for PSU investigation 2020-0050. 3 The date of the interview is November 19th, 2020. The time is 4 2:55 p.m. The location is the Professional Standards Unit office 5 and this investigation is under the direction and command of 6 Captain Present in the room are myself, Sergeant 7 Sergeant Officer Tennant, and Mr. 8 And this investigation concerns the harassment of a fellow 9 employee. Officer Tennant, you have the right to have one 10 representative of your choice present during this interview and 11 you have chosen your attorney, Mr. Is that 12 correct? 13 14 TENNANT: Yes. Okay. And you also have the right to make your 15 own tape recording of this interview. I'm now going to advise 16 you of your Miranda advisement and you have the right to remain 17 silent. Anything you say may be used against you in court. You 18 have the right to an attorney before and during questioning and 19 if you have cannot afford an attorney one will be appointed for 20 you before questioning if you wish. Do you understand that? 21 22 TENNANT: 23 explained to you? 24 25 TENNANT: - Yes. Do you wish to waive these rights that I have No. I --go ahead. I'm sorry. That's fine. 2 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 TENNANT: No. 2 I understand. Okay. I'm now going to advise 3 you of the Lybarger Warning. Officer Tennant, while you have the 4 right to remain silent with regard to any criminal investigation 5 you do not have the right to refuse to answer my administrative 6 investigation questions. This is an administrative 7 investigation. I am, therefore, now ordering you to discuss this 8 matter with me. If you refuse to discuss this matter your 9 silence can be deemed insubordination resulting in administrative 10 discipline up to and including termination. Any statement you 11 make under compulsion of that --of the threat of such discipline 12 cannot be used against you in a later criminal proceeding. 13 Officer Tennant, I am ordering you to answer any and all 14 questions asked of you in a truthful and accurate manner. 15 Failure to do so may be deemed insubordination and result in 16 administrative discipline up to and including termination of your 17 employment with the City of Huntington Beach. Officer Tennant, 18 the above admonition has been explained to you and you understand 19 its contents. Would you please sign next to the word "subject"? 20 -While he's doing that I want to put some 21 objections on the record that notice provided wasn't sufficient 22 under Government Code Section 3303 and under Government Code 23 Section 3303(g). Before moving forward with the interview we're 24 requesting all documents, recordings, notes, materials, and we'd 25 like to have an opportunity to review them before proceeding. 3 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 Okay. Objections are noted and we were not 2 going to be providing any additional material prior to this 3 interview. Okay. Officer Tennant, are you aware of who Officer 4 -is? 5 6 TENNANT: Yes. Okay. And are you aware of a female by the name 7 of--? 8 9 TENNANT: Yes. Okay. Did Officer -disclose to you that 10 he had a relation --or is was in a relationship with - 11 - 12 13 14 15 TENNANT: TENNANT: Yes. Was this on or about September 10, 2020? Yes. Where did this conversation take place or did it 16 take place in person rather? 17 18 19 20 21 22 23 TENNANT: TENNANT: TENNANT: TENNANT: 24 - 25 At work in the traffic office. Okay. And it was in person, correct? Yes. Was there anybody else present there? No. Okay. And what exactly was it that he told you? He told me that he was dating my ex, - Okay. And had you been aware of that prior to 4 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 that instance? 2 TENNANT: No. 3 Okay. What did you say to him after he told 4 you? 5 TENNANT: I asked him certain questions about when they 6 started dating. How they met. That, you know, I asked him if we 7 were --if you guys had been dating when we were in Big Bear 8 together two weeks prior and he said, "No." 9 Let me just stop you right there. When you say 10 "we were in Big Bear" are you talking about yourself and Officer 11 - 13 14 15 16 17 18 19 20 21 22 23 24 25 that your liar? call? TENNANT: point? TENNANT: TENNANT: TENNANT: character. TENNANT: Okay. All right. And he denied dating her at Yes. Okay. Did you text him later that day? Yes. Do you remember what you said? I said something to the effect of this shows It shows what type of guy you are. Okay. Do you refer to him as being shady or a Maybe. Okay. And that was via text or --or phone 5 1 2 3 4 5 6 7 8 9 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 TENNANT: Text. Okay. And did you make --did you refer to 1111111111 as shady or a liar to other employees around that time? TENNANT: TENNANT: TENNANT: Yes. And by "that time" I mean September 10th, 2020? Yes. Approximately how many? A couple --a couple of his academy mates. Okay. So I'm going to move forward. On 10 September 17th, 2020 at about 3: 15 p.m. --I --and I know this 11 is a couple of months ago so I know you may not remember the 12 specific date, but do you remember seeing 1111111111 talking to a 13 citizen outside of the front desk to the Police Department? 14 15 16 17 TENNANT: TENNANT: Yes. Do you remember approaching him? I didn't approach him. I'm sorry. I understand that. Do you remember 18 walking towards his direction? 19 20 TENNANT: Yes. And were you walking to the front door of the 21 Police Department? 22 23 TENNANT: Yes. Okay. Is that --as you were walking in their 24 direction did you happen to notice a parking control officer 25 coming out of the Police Department? 6 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 TENNANT: Yes. 2 Do you --did you recognize who that parking 3 control officer was? 4 5 6 TENNANT: TENNANT: 7 8 to -or Yes. Could you tell us who that was? Okay. And did you have --did you stop and talk or talk to him when he exited or after he exited 9 police department? 10 TENNANT: 11 past each other. 12 13 remember. 14 TENNANT: 15 guy. 16 17 referring to? 18 19 TENNANT: I talked to him in passing as we were walking Okay. And what did you say to him? If you can I said watch your --watch your back with this And when you say "with this guy" who were you Officer 1111111111 Okay. Did you --is that something to the 20 effect of what you said or is that exactly what you said? 21 22 TENNANT: 23 to that effect? 24 25 TENNANT: I don't remember exactly what I said. Okay. But to your recollection it was something It's something to that effect, Okay. 7 INTERVIEW OF: TENNANT: TENNANT: --I like 1 2 3 4 5 6 careful of this 7 that? 8 TENNANT: 9 feet. 10 11 you? 12 DARVISH: 13 heard. 14 STEVEN TENNANT CASE NO.: 2020-0050 Is watch your back around this guy. Okay. Why did you say that at that point? I --I was upset. I was upset. And I --I care and I wanted him to know just maybe be guy. Okay. How far away was 1111111111 when you said Oh, I --I think --I know thirty feet. Fifty Did you say it loud enough that 1111111111 heard Object. It's speculation as to what 1111111111 Okay. I'll --I'll re-phrase that. Based on -- 15 did 1111111111 react to what you said to 1111111111 16 17 18 19 TENNANT: TENNANT: I don't remember. Do you remember if he looked at you? No. I never looked at him. Do you remember 1111111111 saying anything to the 20 effect of "okay, Tennant. That's enough. Have a good day"? 21 22 TENNANT: No. He never said that. Okay. Did he say anything to you when you 23 after you or before you walked into the Police Department? 24 25 TENNANT: I don't remember. Okay. 8 1 2 3 4 5 6 7 8 INTERVIEW OF: STEVEN TENNANT Can I ask a question, sir? Yeah. CASE NO.: 2020-0050 So when you made that statement to 1111111111 do you believe that you were saying it loud enough for it to be overheard by 1111111111 TENNANT: I don't remember how loud I said it, but I didn't say it with the intention of saying it loud enough for 1111111111 to hear me. 9 So it was not your intent for him to hear what 10 you were telling 1111111111 11 TENNANT: No. 12 Okay. 13 On September 24th, 2020, at about 3:00 p.m., do 14 15 16 17 18 19 20 21 22 23 24 25 you recall working that specific day or -- TENNANT: I don't know. Okay. Well, maybe I'll --I'll just paint a scenario for you and you tell me if if you -on or about that day it was reported that you were seen entering the south substation. I'm sorry. On September 24th, 2020, at about 3:00 p.m. Let me actually look up the day on the calendar to tell you exactly what day it is to figure out if that's your regular workday. And I believe that's a Thursday. TENNANT: Yeah. It's my regular workday. Okay. And do you recall on or about that day walking into the substation and seeing Officer 1111111 seated at a 9 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 table in the south substation? 2 3 TENNANT: 4 the substation? 5 6 TENNANT: 7 south substation? TENNANT: Yes. Okay. Was he the only one you saw upon entering Yes. Okay. Did somebody walk in behind you into the I don't remember. Do you remember seeing Officer 1111111111 enter 8 9 10 11 12 the south substation that day? TENNANT: I believe so. Okay. And, again, I realize this is almost two 13 months ago so I'm trying to help paint a little picture for you. 14 When you walked in there why did you go into the substation that 15 day? 16 TENNANT: I was going to go to the bathroom and then I was 17 going to go eat sushi. 18 Okay. And did you learn somebody else was there 19 besides -and 1111111111 --I'm sorry. and 20 - 21 22 TENNANT: 23 what did you do? 24 TENNANT: Yeah. -came out of the bathroom. Okay. Prior to him coming out of the bathroom I was --I saw that there was somebody in the 25 bathroom and I was waiting. I was going to go eat. And I wanted 10 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 to see if there was any calls holding before I go ate. I checked 2 there was a KDT on the table. I checked the KDT to make sure 3 that there was no calls holding and then -came out of the 4 bathroom. I went to the bathroom. Okay. Was it your KDT that you checked to see 5 6 7 8 9 if there were any calls holding? TENNANT: No. And was this KDT sit --seated on a --a table in the south substation? 10 11 TENNANT: Yes. And prior and while you were checking this or 12 prior to -exiting were you made aware that -was in 13 the substation? 14 TENNANT: I don't remember. 15 So -didn't tell you that your "favorite 16 person" was in the bathroom? Do you recall hearing that? 17 18 19 to? 20 21 22 23 24 25 TENNANT: TENNANT: TENNANT: TENNANT: I don't remember that. Okay. Who did you believe the computer belonged I didn't know. You didn't know? I didn't know. Did you send any KDT messages from that KDT? No. The KDT that was seated directly across or on a 11 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 table like this in the south substation wasn't yours, correct? 2 3 4 5 6 7 8 9 10 11 TENNANT: No. And you opened it and you checked for calls waiting or calls for service? TENNANT: that? TENNANT: TENNANT: I think it was already open, but yeah. Okay. No login information or anything like No. Okay. What do you mean by that? Like you didn't have to log in or use a pin to 12 get into it to 13 14 15 16 17 TENNANT: No. It was already on. Okay. And so you --you did not send any messages to anybody on that computer? TENNANT: No. You didn't type anything? Did you type anything 18 into that computer? 19 20 21 22 23 TENNANT: TENNANT: TENNANT: I don't remember. Okay. I may have pressed like F6, which is hot key. When 1111111111 exited the bathroom what happened? I saw that it was him. I called him --I --I 24 walked past him again. I said, "Hey, what's up, shady guy?" And 25 I went to the bathroom. 12 1 2 3 4 5 6 7 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 Okay. Did you see anybody else typing on that computer while you were in there? TENNANT: When I left I went to the bathroom and then I immediately went out the back door so I don't know. Can I ask the question on (INAUDIBLE)? -Huh? Just one second real quick. In point did you 8 and I know you said you didn't type anything in here, but a KDT 9 record from~ computer to two other people or they're 10 simultaneous messages within six seconds of each other --one to 11 Officer 1111111111 and I believe the other one was to Officer 12 -"Just so you know I'm shady and a liar." Did you type 13 that? 14 15 16 17 18 19 20 21 22 23 TENNANT: No. -Hang on a second. I'm going to object because you said that he stated he didn't type anything, but he did say that he pushed at least the F6 key. Okay. I'm sorry. Or and -at minimum you typed the --pushed the F6 key. But you did not type the words and send the message through the KDT system "just so you know I'm shady and a liar"? TENNANT: No. We discussed earlier that you refer to 1111111111 24 as being shady and a liar, correct? 25 TENNANT: Yes. 13 1 2 3 4 5 6 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 This date and time where you guys are in the substation at the same time this message is sent from ~ KOT did you ever see -type "just so you know I'm shady and a liar"? -Hang on. I'm going to object that --that you'r~ --we don't know that that message was sent. We're 7 assuming. We haven't seen any message. 8 9 10 11 12 13 Okay. I --I --I have the KOT record that shows that that message was sent from ~ computer and I can show it to you if you like if it would help maybe refresh the recollection. -Can you read it? I've got my glasses on. TENNANT: That was sent at 4:26? Or 1626? I think I was 14 already walking to sushi by then. 15 Okay. 16 -Yeah. Didn't you say around 3:00 p.m. he went 17 into the south sub? 18 Yeah. We'll have to verify the dates and times 19 of this, but so just to be clear you did not type that? 20 21 22 23 TENNANT: TENNANT: No. Those messages? No. Okay. And the only thing you might have pushed 24 on the computer is the F6 button? 25 TENNANT: Yeah. Like F6 and then "calls holding". 14 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 Is there a reason that Officer 1111111 would say 2 that you were typing on that computer? 3 1111111111 And I'm going to object that Officer 1111111 said 4 that. We have --there is no evidence that Officer 1111111 said 5 6 7 8 that. TENNANT: Objection noted. Can you please answer? I don't know. You don't know why Officer 1111111 would say that 9 you were typing on -computer? 10 1111111111 Hang --hang on. Now you're asking --you're 11 asking a different question. Because before you asked why 1111111 12 said that Officer Tennant typed that. Now you are saying that 13 1111111 said he typed --he just typed on there. So do you want 14 to clarify? 15 Yeah. I do. You have no idea why Officer 16 1111111 would say that you were typing on -computer in 17 the substation? 18 1111111111 I'm going to object again. Because we don't 19 know that Officer 1111111 made that statement. 20 Understood. And then the objection noted, but 21 please answer. TENNANT: I don't know why he would say that. I don't 22 23 know what he --what he means by typing on on his computer. I 24 was barely in the south substation for a long enough time to 25 write these --or type these messages. 15 1 2 3 INTERVIEW OF: substation? TENNANT: STEVEN TENNANT CASE NO.: 2020-0050 How long do you say total you were in the south I walked in. I said "what's up" to -I 4 was probably there for twenty thirty seconds before I checked 5 the KOT and ~ came out. ~ came out and then I said 6 what I said to him and I went to the bathroom. Went to the 7 bathroom. I don't know how long it took me. I was in there. 8 And then I went out the back --the back way that goes out to the 9 alley way. 10 11 Go ahead and ask your When you went to the substation did you go out 12 Code 7? Is that what you were doing? 13 TENNANT: I didn't go officially Code 7, but I went to go 14 eat because usually I want to eat before it gets busy later. 15 Did you put yourself out on the detail at the 16 substation or 17 18 TENNANT: 19 service? 20 TENNANT: No. Nothing? You just went there and stayed 10-8 in Yes. Just in case something happened. 21 Prior to getting to the substation you were 22 logged on for your shift 23 24 25 TENNANT: TENNANT: Yeah. --at that point? Yeah. 16 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 And you have the ability to check status and 2 calls waiting at that point? TENNANT: Yeah. Did you do that prior to going into the substation? TENNANT: No. Okay. So you didn't have any idea that 1111111111 3 4 5 6 7 8 9 was at the substation prior to getting to the substation? TENNANT: 10 11 correct? 12 13 14 15 TENNANT: TENNANT: 16 open on, correct? 17 18 19 20 21 22 23 24 25 TENNANT: TENNANT: TENNANT: TENNANT: No idea. But when you walked in 111111 was in there, Yes. And was he working on a computer? Yeah. I think he was working on a report. And there was another desk where the KDT was Correct. And no one was sitting there? No. You had no idea whose computer that was? No. You didn't ask 111111 whose computer that was? No. Okay. And just to clarify, 111111 never made you aware 17 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 that 1111111111 was inside the substation? Is that --am I 2 recalling what you said correctly? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TENNANT: I don't remember that. I don't remember him saying 1111111111 was there or not. Can I ask him one more thing? Yeah. Are you what's your relationship with 1111111111 Are you guys friends or are you just co-workers? TENNANT: TENNANT: TENNANT: TENNANT: Co-workers. Any issues between you two? No. What about No. You guys are good? You'll all on good terms? Yeah. We're on good terms. Okay. Did 111111 have his mobile computer with him to 18 your knowledge? 19 TENNANT: I don't remember if he was working on the 20 desktop or the KOT. 21 Is there a reason you wouldn't have just asked 22 him to check calls for service for you? 23 24 TENNANT: He looked like he was busy writing a report. And your goal was to go to the bathroom before 25 you went to --to sushi, correct? 18 2 3 4 5 6 7 8 9 10 11 12 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 TENNANT: Yes. TENNANT: And then you realized the bathroom was occupied? Yes. Okay. Did you ever attempt to go upstairs and use that restroom? TENNANT: No. Okay. One quick --I may have asked you this already. Did you go to sushi by yourself or did you meet somebody? TENNANT: I met with my current girlfriend. Okay. TENNANT: And I --while I was walking to sushi, and she 13 can verify this, the owner of , or 14 whatever her last name is, she saw me walking up the alley to 15 sushi so she can verify that I was walking to sushi. I have 16 records that I went to sushi. My girlfriend was there. 17 18 19 20 21 22 23 24 25 TENNANT: TENNANT: TENNANT: TENNANT: Who paid for the sushi? I think I did. Do you remember how you paid for it? A credit card. And I'm assuming that was Sushi on Fire? Yeah. Yeah. Give me a second please. Do you need anything to drink or anything? I'm good. 19 2 3 INTERVIEW OF: - STEVEN TENNANT You're good. 111111 No, thanks. CASE NO.: 2020-0050 I just want to clarify this. I didn't --okay. 4 All right. We will move on for a little bit. Were you aware of 5 a web site called doublelist.com? 6 7 8 9 10 11 12 13 14 15 16 - TENNANT: TENNANT: TENNANT: TENNANT: Called what? I'm sorry. Doublelist.com. No. Did you ever create an account on that web site? No. Do you understand what an IP address is? Yes. Do you understand how that works? Yes. Okay. I've got to ask you. Tennant, did you create an account with phone number and picture on 17 doublelist. com? 18 19 20 21 22 23 24 TENNANT: No. Have you ever created any kind of profile on doublelist.com with any device? TENNANT: No. At at any point have you possessed this picture --and it's a picture of Officer 1111111111 with some --it looks like fabricated tattoos standing in front of a blue classic 25 car just for reference. Have you ever possessed that photo on 20 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 any digital device that you own? 2 3 4 5 6 TENNANT: A long time ago there was a group chat. Somebody put those --those pictures into a group chat. Did you save that on your phone? TENNANT: No. You never saved that photo on --on your phone 7 at all? 8 TENNANT: I may have a couple of years ago, but I don't 9 have it now. 10 11 12 When was the last time you remember having that on your phone? TENNANT: I I don't remember when that was. It was a 13 group chat. Maybe it was three --two or three years ago. 14 Do you know what a "sexy top" is? 15 TENNANT: A what? 16 A "sexy top"? 17 TENNANT: No. 18 I'm going to read you this post. So we're not 19 just so we're clear on what it is that I'm asking you. And 20 this is a post on double list. com and it reads, "Hey, guyyyys" 21 with four "Ys". "Roommate gone for the day. Looking to host a 22 sexy top. Send me pies." Then the phone number is spelled out 23 with dots in between letters and it says, "Details 26-year-old in 24 Orange County looking for 18 to 77-year-olds." I' 11 show you the 25 post. It looks like this has been cropped --the picture I 21 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 showed you earlier has been cropped, but read this here. Take 2 your time. Did you create this post and post it on 3 doublelist.com at any point? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 TENNANT: No. Another post. Doublelist.com. It says "bottom hosting". Do you know what that means? TENNANT: No. It says, "Hey, guyyyys" with the extended "Ys" again. "Roommate gone for the day. Looking to host a sexy top. Send me pies." The phone number is spelled out in letters with the dots in it again. "Details 26-year-old in Orange County looking for 18 to 77-year-olds." Posted 28 minutes ago. Can you look at that and tell me whether or not you posted that on doublelist.com? TENNANT: No. Do you know who posted that --those two posts on doublelist.com? TENNANT: TENNANT: No. Nobody's ever told you they have? No. Do you know anybody with a doublelist.com 22 account? 23 24 TENNANT: No. Have you threatened in a joking manner 25 whether in a joking manner or in serious that you would use the 22 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 same embarrassing photos of 1111111111 against him later on? 2 TENNANT: What do you mean by that? 3 In past --in the past have you ever told 4 1111111111 that you kept embarrassing photographs of him on your 5 phone to use them against him later? Whether it be in a joking 6 manner before your relationship soured or in a serious --a 7 serious manner? 8 9 then. 10 11 - TENNANT: I object. It's beyond the scope of the notice Noted. Can you please answer? I don't remember saying that, but I remember 12 when I was in that group chat people were making fun of his 13 photos that was found on his social media. I don't know exactly 14 what I said. But I wouldn't threaten him. May --maybe it was a 15 joke, but I wouldn't threaten him with using his photos. 16 I guess threat is possibly the wrong word to -- 17 to use, but that his --telling him that you would use those to 18 embarrass him later on. Do you ever remember making that kind of 19 comment to him in the past? 20 TENNANT: Not to embarrass, but I --I may have said like 21 these are --these are funny --funny pictures. But I never did 22 that. 23 Did 1111111111 ever tell you that he had a 24 doublelist.com account? 25 TENNANT: No. 23 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 Going back to the substation. When you were in 2 the substation I know you said --you mentioned something to 3 1111111111 Do you also remember saying anything to the effect of 4 "how are the dates"? 5 6 7 8 9 TENNANT: TENNANT: TENNANT: How are the dates? Uh-huh. I don't remember saying that. So is it possible that you did say that? I don't --I don't know what context I would say 10 that in. I don't even know what that means. 11 12 13 14 15 16 17 18 19 TENNANT: TENNANT: TENNANT: TENNANT: "How are the dates?" The dates? Uh-huh. D-a-t-e-s. Who did I say that to? Do you remember saying it to 11111111111 No. I don't. Okay. I did not say that. Do you know that it's illegal to create --do 20 you know that there's a criminal statute for creating on-line 21 profiles with other people's identifying information such as 22 photographs and phone numbers? 23 1111111111 And I object. Hang on. I'm going to object to 24 your asking him. It calls for a legal conclusion. 25 Okay. Noted. 24 1 2 INTERVIEW OF: TENNANT: STEVEN TENNANT CASE NO.: 2020-0050 Yes. Okay. And just to be clear while you were at 3 the substation you never sent anyone a message from ~ 4 KDT? 5 1111111111 I'm going to object because you've asked him 6 four or five times and he's answered every single time. So asked 7 and answered already. 8 Understood. Please answer. 9 10 TENNANT: No. On September 26th, 2020 did you receive a text 11 from 111111111 asking to --for you to meet him at Huntington Beach 12 High School? 13 TENNANT: Yes. 14 15 16 17 18 19 20 21 22 TENNANT: TENNANT: TENNANT: TENNANT: Do you remember what the text said? He said he wanted to talk. Did he tell you what he wanted to talk about? No. What do you think he wanted to talk about? Probably me calling him shady and a liar. Did you ever go? No. Why not? 23 TENNANT: I didn't want to engage with him. The last time 24 I saw him in the substation that was the last time I talked to 25 him. I came to the realization that he --I --I was just done 25 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 with this situation. I just didn't want to talk to him. I 2 didn't want to escalate it. I just wanted to be done with the 3 situation. 4 5 6 7 8 9 10 11 TENNANT: TENNANT: Did you refer to him as shady and a liar again? Yes. During that conversation? Yes. Did he put you on notice that your behavior towards him was unprofessional? TENNANT: Yes. Did he indicate something to the effect if --if 12 it escalated or continued he would go to a supervisor? 13 14 15 TENNANT: TENNANT: Yes. Do you know why he sent that to you? He was probably trying to get me to stop .calling 16 him shady and a liar. TENNANT: Shady and a liar? Yeah. Okay. Do you feel that your behavior towards 17 18 19 20 21 22 him was unprofessional? TENNANT: I do now. Yes. Was it your intent to make him feel 23 uncomfortable in the workplace? 24 TENNANT: No. My intent was not to harass him or bully 25 him. 26 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 1 2 TENNANT: What was your intent? I --to be honest I was upset and I felt 3 betrayed. I just wanted to --I spoke my mind that he was --he 4 acted shady to me and he that he lied to my face. 5 What did he lie to you about? 6 TENNANT: He lied to me about when he started dating my ex 7 and how they met. 8 Okay. When 1111111111 sent you a message about 9 having to go to a supervisor if the --the behavior escalated or 10 continued what what did you do with that text? TENNANT: TENNANT: Like did I screenshot it or -- Sure. Did you screenshot it? Yeah. I have a record of his text messages. Did you send that screenshot of that text -- 11 12 13 14 15 16 text message to anyone? TENNANT: 17 18 about. 19 20 TENNANT: 21 I think I sent it to him. Don't tell him anything you and I communicated Did you send it to Officer 111111 I don't remember. Okay. Officer~ --and I know you're going 22 to object --but stated she received a text message from you. 23 Your phone number. Of a screenshot of the conversation where 24 1111111111 told you he would go to a supervisor if the behavior 25 continued or escalated. Is it possible you sent her the 27 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 screenshot? 2 TENNANT: Yes. It's possible. 3 Okay. Is there a reason why you would send 4 ~ of all people that text message? 5 TENNANT: She was telling me all of the things that -- 6 that 1111111111 --1111111111 was telling her. He was telling --she 7 was telling me and I was just talking to her about the situation. 8 9 situation? 10 11 TENNANT: Did she ask you not to involve her in the I don't remember. In total how many times or how many people in 12 in an estimate --how many people have you referred to 1111111111 as 13 shady and a liar to? 14 15 TENNANT: Maybe between five and ten. Do you believe if you would have stopped when he 16 asked you to he would not have reported this to a supervisor? 17 -I'm going to object. One, it calls for 18 speculation. Two, there's no foundation that he did any of that 19 after 1111111111 put the condition that if it continues he's going 20 to report it to a supervisor. 21 I'll withdraw it. It was a poorly worded 22 question anyways. Were you trying to discredit 1111111111 when you 23 were calling him shady and a liar? 24 25 TENNANT: No. Your --your explanation, if I understand it 28 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 right and I'm going to let you clarify it if I get it wrong, is 2 you were upset? 3 4 5 6 7 TENNANT: felt betrayed? TENNANT: I was. And you were upset with the relationship and you Yes. So after 111111111 sent you that text about 8 meeting him and he told you about going to the sergeant and all 9 that stuff did you have any more communication with him about 10 this matter at all? 11 TENNANT: No. I have not talked to him. Not seen him. I 12 avoided him. Didn't want to --didn't --didn't want this to 13 escalate. I just wanted it to be done. 14 So since that day you guys haven't spoken or 15 anything? 16 TENNANT: No. 17 Okay. What about the female that's involved in 18 19 20 21 this? Your ex-girlfriend? Have you spoken to her? TENNANT: Uh ---I object. That's beyond the scope of the notice. It shows nothing to do with the alleged harassment 22 complaint at work. 23 Well, let me ask you this. Have you conveyed 24 any messages to that female to deliver to 111111111 on your behalf? 25 29 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 TE NNANT: No. TENNANT: Are you familiar with what a VPN is? Th e Virtual Private Network? 2 3 4 Uh-huh. Yeah. Do you subscribe to any of those 5 services? 6 7 8 9 10 TE NNANT: TENNANT: 11 phone? 12 13 14 15 TENNANT: TENNANT: 16 computer at home? TENNANT: TENNANT: No. You don't have any? I don 't. Okay . Do you allow anybody else to use your cell No. Personal cell phone? No. Do you allow anybody else to use your personal No. Is your email address Yes. And your personal cell phone number is - 17 18 19 20 21 22 23 -Is that correct? TENNANT: Yes. Let me ask you this, Tennant. If a search 24 warrant was to be obtained, and I'm not saying it has or hasn't 25 been, would your IP address or emai l or any identifying 30 ? 2 3 4 5 6 7 8 INTERVIEW OF: STEVEN TENNANT CASE NO.: 2020-0050 information come back with any connection to doublelist.com? TENNANT: TENNANT: - - No. Are you a hundred percent certain of that? Yes. Mr.- Nothing. Okay. I do have one request that I'll put on there 9 that if, I don't know how you would get a search warrant for 10 administrative purposes, but if there was going to be one I would 11 ask that one be done on Mr. -as well. 12 Understood. Okay. Officer Tennant, I am 13 ordering you not to discuss this interview or investigation with 14 anyone other than your representative or myself. Do you 15 16 17 understand? TENNANT: Yes. Okay. I'm going to have you circle "yes" and 18 initial. All right. This is going to conclude the interview. 19 The time is 3:32. 20 31 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: SERGEANT- SERGEANT SERGEANT PSU 2020-0050 9:00AM 10-08-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Int #1 03-05-21 HBPD PSU 2020-0050 CRON & ASSOCIATES TRANSCRIPTION, INC. - INTERVIEW OF: -PSU NO.: 2020-0050 1 SERGEANT This is going to be a witness 2 interview with Sergeant pursuant to PSU 3 Investigation No. 2020-0050. The date of the interview is 4 October Sth, 2 020, and the time is 9: 00 AM. The location is 5 6 7 8 9 10 11 12 13 14 15 the Professional Standards Unit office and this investigation is under the direction and command of Captain Present in the room are myself, Sergeant Sergeant and Sergeant Sergeant you are about to be questioned as part of an official Huntington Beach Police Department administrative investigation. You are, hereby, advised that because you are a witness provisions of the Government Code general referred to as Public Safety Officers' Procedural Bill of Rights do not apply in this instance. You are reminded Manual Section 1020 requires that you 16 make truthful and complete statements. Any refusal to do so 17 may result in discharge or other punitive action. 18 A representative is not allowed in this interview. You 19 are being interviewed as a witness. You are not under 20 investigation and you have not been charged with any 21 violations. If during the interview it becomes apparent you 22 may be subject to discipline, the interview will stop, 23 you'll be told that your status has changed to that of a 24 subject and, at that time, you will be entitled to a 25 representative of your choice. In the event you decline to 2 INTERVIEW OF: -PSU NO.: 2020-0050 answer questions, you shall be advised of your 2 administrative rights as though you are a subject. 3 Sergeant if the above admonition has been 4 explained to you and you understand its contents, would you 5 please sign next the word "employee." 6 7 (SIGNS DOCUMENT.) SERGEANT All right, Sergeant 8 investigation involves an alleged harassment occurring 9 between two employees of the Huntington Beach Police 10 Department. Were you made aware of potential harassment 11 occurring to an individual that is employed by the 12 Huntington Beach Police Department? ~ Yes, I was. this 13 14 15 16 17 18 19 20 21 SERGEANT And who --who notified you of that? ~ Officer -SERGEANT Okay. And when did he notify you of that? ~ October 1st. SERGEANT Okay. Last week? ~ Yes, sir. SERGEANT All right. And what happened? How 22 did he notify you of that? 23 He approached me and, basically, said 24 that he was having some issues with Officer Tennant. A 25 certain harassment was going on between the two of them and 3 INTERVIEW OF: -PSU NO.: 2020-0050 it stemmed from Officer 1111111111 dating Tennant's 2 ex-girlfriend. 3 SERGEANT Okay. Did he elaborate --well, let 4 me back up. Where did that conversation take place? 5 ~ Over at the heliport. 6 SERGEANT Okay. And then, did you have 7 further interaction with 1111111111 and obtain a statement from 8 him? 9 10 II 12 Yes, I did. SERGEANT And where did that occur? ~ In the Sergeant's Office. SERGEANT Okay. And did he --did he indicate 13 to you any instances of harassment, specific, or did he just 14 make a general, broad statement that he was being harassed? 15 No. He was being specific with two 16 separate incidents. 17 18 19 SERGEANT Okay. And did you take notes? Yes, I did. SERGEANT And are these the notes you provided 20 to me? 21 22 Yes, sir. SERGEANT Okay. And can you just talk about 23 the first incident that 1111111111 discussed with you? 24 Yeah. The first incident happened on 25 the 17th of September and, at that time, Officer 1111111111 was 4 INTERVIEW OF: -PSU NO.: 2020-0050 taking a report from a citizen at the front desk. At that 2 time, he said that there was a PCO that was also standing 3 nearby, when he was interviewing this --this citizen and he 4 turned around and saw Officer Tennant approach the PCO and 5 saying in a voice, basically, something to the effect of, 6 ''See that cop over there?" He said, "He's shady and he 7 can't be trusted." 8 SERGEANT Okay. And that --did 1111111111 9 mention why Tennant would say something like that? 10 I think he just, basically, because 11 of the relationship he was having with his ex-girlfriend. 12 SERGEANT And when you say that you mean 13 1111111111 having a relationship with Tennant's ex-girlfriend? 14 Yes. 15 SERGEANT Was 1111111111 aware that Tennant was - 16 -or did 1111111111 know how Tennant became aware that he was - 17 -that he, 1111111111 was dating Tennant's ex-girlfriend? 18 ~ Yeah. 1111111111 told me that he 19 actually had a conversation with Tennant. I believe it was 20 the lOth of September, where he, basically, disclosed to 21 Tennant that he was now dating his ex-girlfriend. 22 SERGEANT Okay. Did anything happen during 23 that conversation? 24 Yeah. He said that Tennant asked him 25 several questions, I mean, nothing really specific. It was 5 INTERVIEW OF: -PSU NO.: 2020-0050 1 more concerns about, I guess, Tennant and 1111111111 had been 2 friends in the past, had gone on like a mountain biking 3 excursion at one point and, I think, Tennant was concerned 4 that he was actually dating her at the time that they had 5 gone on the trip together and he said he wasn't so 6 SERGEANT That they were dating the same 7 person, at the same time? 8 9 10 ~ Yeah, basically. SERGEANT Okay. ~ So, that was all that was said until 11 later in the day, when Tennant send a text message to 12 -basically, saying something to the effect of, "I 13 see the kind of guy you are. You' re shady, you' re a liar," 14 or something like that. 15 SERGEANT Okay. Did anything else occur -- 16 oh, did Tennant --or I'm sorry did -when he 17 talked to you, mention the case number related to the 18 incident that occurred on September 17th or the crime he was 19 investigating or the person he was contacting? 20 21 22 23 24 No, he didn't. SERGEANT Okay. Did he have that information? ~ I'm sure he could find it. SERGEANT Okay. ~ He didn't have it at the time when he 25 was telling me about this. 6 INTERVIEW OF: -PSU NO.: 2020-0050 SERGEANT Okay. Did he discuss the second 2 incident that occurred? 3 Yeah. That was on the 24th of 4 September, about like 5 6 7 8 SERGEANT ~ SERGEANT ~ Okay. --like Okay. He said, What happened? I'm sorry. 4:20 PM. "At time he was the South 9 Substation, along with Officer 1111111111 and Officer 1111111111 10 11111111111 said he left his KOT on one of the desks, along 11 with his wallet and his cell phone. 12 13 SERGEANT Uh-huh. ~ He went in to use the restroom and 14 when he exited the restroom, he saw Officer Tennant leaning 15 over his KOT. When Tennant saw 11111111111 come out, he walked 16 out of the substation. 17 18 19 SERGEANT Okay. And, at that point, I believe, SERGEANT Tennant walked out of the 20 substation? 21 22 23 ~ Yes. SERGEANT Okay. 11111111111 said he didn't see him type 24 anything on it, just leaning over it, but Officer 111111 did 25 say that Tennant had typed on his KOT. 7 INTERVIEW OF: -PSU NO.: 2020-0050 SERGEANT Okay. Did 1111111111 ever mention 2 learning what Tennant had allegedly typed on his KDT? 3 ~ Yeah. He received a message from 4 Officer -later on during the day, basically asking, 5 "Why did you send that?" So, he said he didn't want to send 6 a KDT message because he knows it's unauthorized and didn't 7 want to get in trouble, so he called up 1111111111 and asked 8 what she was talking about and she, basically, stated that 9 she had received a text --or a KDT message saying, "I'm 10 shady and a liar" or something like that. 11 12 13 14 15 16 17 18 19 20 21 SERGEANT Similar to what -I ~ Yeah. Similar to -- SERGEANT The statements Tennant had made to -in front of the citizen, and on the text message? Yes. SERGEANT Okay. And are these quotes or are these the best of your recollection of what 1111111111 told you at the time? ~ Best of my recollection. SERGEANT Okay. ~ And some of these were, basically, 22 the best of his recollection and similar to, "I'm a liar. 23 I'm shady." Some of those things he wasn't quite sure. 24 SERGEANT Okay. When he talked to you, did he 25 have text messages and stuff like that? 8 INTERVIEW OF: -PSU NO.: 2020-0050 1 Yes, he did. He referred to his text 2 messages, with dates and times. 3 SERGEANT Okay. And did you order him to 4 retain those documents? 5 I did not. No. 6 SERGEANT Did you ask him to keep them? 7 ~ He did, so he still has them on 8 there. 9 SERGEANT Okay. 10 ~ But at no point did I tell him to 11 keep them. 12 SERGEANT You didn't order him to do any of 13 that? 14 ~ No. 15 SERGEANT Okay. All right. Had you --did 16 you talk to Officer 1111111111 ever or get any information from 17 her? 18 ~ No. I did not. 19 SERGEANT Okay. What else did 1111111111 tell 20 you about the harassment issue with Officer Tennant? 21 ~ He said after the day with the KTD 22 Oh, I'm sorry. Basically, he came on the --let's see - I 23 think I got the date wrong, and I apologize, but on the 26th 24 of September, Officer 1111111111 sent Tennant a message --a 25 KDT message --or not --I'm sorry, a text message saying, 9 basically, "We need to get together and talk." He wanted to 2 clear the air about what was going on and Tennant responded 3 saying, you know, "He's got nothing to talk about with him 4 and that he called him something, shady" --or something 5 similar to that. 6 So, at that time, 1111111111 said he was over at 7 Huntington Beach High School. That's where he wanted to 8 meet Tennant and he had Officer 1111111111 there with him, just 9 to have someone present when he had this discussion because 10 he wanted to clear the air. So, he never got a response 11 after that. Basically, he sent another message saying, "The 12 KDT message and the incident with the citizen was 13 unprofessional" and he told Tennant, "If it continued to 14 happen, if it continued to escalate, he was going to go and 15 speak to a supervisor about it." And he never received 16 another response from Tennant after that. 17 18 19 20 21 22 23 SERGEANT Okay. Do you know if that meeting was to occur on-duty or off-duty? ~ On-duty. SERGEANT On-duty? Okay. And were all parties on-duty at the time? I don't know about Tennant. SERGEANT Okay. Did anything else happen 24 after that? 25 Yes. The next day, on the 27th, he 10 INTERVIEW OF: -PSU NO.: 2020-0050 had a conversation with Officer ~ and she asked him, 2 "Why, you know, why he sent this message to Tennant with 3 this text message?" And, basically, saying that he was 4 going to go speak to a supervisor and, apparently, - 5 told 1111111111 that Tennant had screenshot the message that 6 1111111111 had sent to the Tennant the day prior, and sent it 7 to 1111111111 phone. 8 SERGEANT Okay. And -told 1111111111 that? 9 Did 1111111111 say why -mentioned that to him? 10 ~ No. Just and he never saw the 11 screenshot or the text message. She just told him that. 12 SERGEANT Okay. Had 1111111111 mentioned 13 anything else to you during your conversation? The 14 conversation that's occurring in the Sergeant's Office; 15 correct? 16 No. That was --well, yes. There was 17 one more, but this was something that was more off-duty and 18 involving like a dating website -- 19 SERGEANT Well, what did he mention about 20 that? 21 He - 22 {LISTENING TO ANNOUNCEMENT OF A FIRE IN THE BUILDING AND 23 NEEDING TO EXIT THE BUILDING.) 24 SERGEANT And we're going to pause for just a 25 second, for a fire alarm. 909. 11 INTERVIEW OF: -PSU NO.: 2020-0050 (FIRE ALARM - -BREAK IN INTERVIEW. ) 2 SERGEANT Okay. We're going to be continuing 3 this investigation under PSU 2020-0050. The time is 4 9:37 AM. We are back from our fire alarm break and 5 evacuation and we are with Sergeant 6 Sergeant I'm going to remind you that the 7 order that I read you earlier still is in effect. Do you 8 understand? 9 Yes, sir. 10 SERGEANT Okay. Prior to our break, you about 11 to tell me another incident that --or something else that 12 1111111111 mentioned to you during your conversation with him 13 in the Sergeant's Office. Can you elaborate to that? 14 ~ Yeah. He said he began receiving 15 text messages from random men, inquiring about the -the ad 16 he had posted about having a "sexy top party." 17 SERGEANT Okay. And when did that start? 18 He said that was 9-20, so September 19 20th. 20 SERGEANT Okay. And did he ever have a 21 conversation with any of these people that were texting him? 22 ~ Yeah, he did. He finally found out 23 that, basically, someone had made a fake listing or a fake 24 post, using his photograph taken from social media, his 25 Facebook account, and listing his personal phone number on 12 INTERVIEW OF: -PSU NO.: 2020-0050 1 them. 2 SERGEANT Did he know what the listing was for 3 or that -- 4 ~ Yeah. He said it was, basically, 5 something to the effect of stating his --~ roommate 6 was out of town and he was looking to host a 11 sexy top 7 party. 11 8 SERGEANT Okay. And was this for any 9 particular gender? 10 Yeah. It's male-on-male. A 11 homosexual dating app. 12 SERGEANT Okay. And 1111111111 denied posting 13 that? 14 Yes. 15 SERGEANT Okay. And the phone number that was 16 on the listing, was that his personal or work phone number? 17 ~ I believe it was his personal phone 18 number. 19 SERGEANT Okay. And did he receive additional 20 texts? 21 He did. There was a --a second 22 posting which was, essentially, the same, on the 26th of 23 September, again looking to host a 11 sexy top party. 11 24 SERGEANT Okay. And did 1111111111 have any 25 did he mention any kind of suspicion he had on --he denied 13 2 3 4 5 INTERVIEW OF: -PSU NO.: 2020-0050 posting that? Yes. He believes that Tennant had posted --made the post. SERGEANT What made him think that? ~ He said that just with everything 6 that's going on and the fact that Tennant had that picture 7 on his own cell --on his own cell phone. 8 SERGEANT Uh-huh. 9 10 app? 11 12 13 The one that was used on the dating SERGEANT Okay. Do you supervise 1111111111 ~ Yes. SERGEANT Have you seen him adversely affected 14 by this, through his work product and his overall 15 disposition? 16 I wouldn't say his work product. 17 He's still very pro-active, he works hard but, I think, due 18 to fact that he brought it to my attention that it's 19 definitely getting to him. 20 SERGEANT If you're --if you're able to --to 21 render an opinion, what did he --what was his disposition 22 and his demeanor when he was telling you about this? 23 ~ I just think that it's like the shear 24 frustration that's going on, that he's tried to, you know, 25 rectify everything, that he approached Tennant early on, 14 INTERVIEW OF: -PSU NO.: 2020-0050 1 letting him know, and being honest and disclosure and, 2 basically, saying hey, I'm dating your ex-girlfriend and 3 the fact that Tennant has gone and said things to other 4 people, you know, and basically saying that he's shady, he 5 can't be trusted, the KOT issue, everything that's gone on, 6 and the fact that he actually --even when this was going 7 on, and telling Tennant, 11 Hey, I want to sit down, let's 8 talk about this 11 and Tennant replying, again calling him 9 shady. And to the point where he says he's going to get a 10 supervisor involved that, you know, ~ believed 11 raised to that level that he might have to bring a 12 supervisor into this to --to take care of it that, I think, 13 it's definitely adversely affected him. 14 SERGEANT And how so? How do you, I mean, in 15 his demeanor, do see something in particular that -- 16 I wouldn't say his demeanor, I mean, 17 I just --I think just when he's telling me this, I mean, 18 he's --he looked pretty bummed out about it, I mean, that 19 he actually has to go to a supervisor and tell me. I's not 20 something that, I think, that he wants to do. He doesn't 21 want it to go to that level and I could tell that there was 22 there was something wrong when he's telling me this. 23 SERGEANT And you mentioned frustration. Did 24 you see frustration in his face? Did you hear it in his 25 voice? 15 INTERVIEW OF: -PSUNO.: 2020-0050 No. Just that I can --his demeanor, 2 his face, just more --kind of like exhausted by it, I mean, 3 that's the only thing I can really describe. 4 5 6 7 8 9 SERGEANT Gotcha. What did you do once you learned all this information? ~ -I told --I notified Lieutenant SERGEANT That's your supervisor? ~ That's my supervisor, the acting 10 watch commander. 11 SERGEANT Okay. He was the on-duty watch 12 commander at the time? 13 14 ~ Yes. SERGEANT When you told Lieutenant 111111 about 15 this, did Lieutenant 111111 ever mention that he had any 16 first-hand knowledge of this information occurring before? 17 18 No. He did not. SERGEANT Okay. Did it appear to you that 19 this was new information? 20 Yes. 21 SERGEANT Okay. And when you heard this 22 information had you been aware of any kind of harassment 23 occurring between 1111111111 and Tennant? Earlier than what 24 you were informed? 25 Yeah. I had --I had kind of known 16 INTERVIEW OF: -PSU NO.: 2020-0050 1 that Tennant wasn't happy with 1111111111 dating his girlfriend 2 --or his ex-girlfriend --and, I guess, he had been saying 3 things to people, you know, for quite a while. Anybody who 4 would listen, he was talking smack, basically, you know, 5 talking about 1111111111 - 6 SERGEANT Uh-huh. 7 --about this. I learned about this 8 probably right before shift change. 9 SERGEANT Okay. Any kind of harassment or 10 just --just the displeasure with him dating his -- 11 Just displeasure and talking to other 12 people about it. 13 SERGEANT Okay. But nothing that would rise 14 to the level of misconduct at that point, to your knowledge? 15 16 No. No. SERGEANT Had you had any first-hand knowledge 17 of any other information? Did you ever hear anybody else 18 talking about any kind of harassment? 19 No. 20 SERGEANT Okay. Was there any instances where 21 you heard other people mentioning 1111111111 dating Tennant's 22 ex-girlfriend? 23 Only at the point where it was 24 brought up the first time. The first time I had heard it 25 was in a group setting with some people, 1111111111 included. 17 2 3 4 5 6 INTERVIEW OF: -PSU NO.: 2020-0050 SERGEANT Uh-huh. ~ And that's where the subject came up. SERGEANT All right. But any harassment that you saw, at that point? ~ No. SERGEANT Okay. And Tennant wasn't present, 7 you said? 8 9 No. He was not. SERGEANT Okay. Anything else? Sergeant 10 do you have something? 11 SERGEANT I'm just trying to get some 12 clarification in my mind. When the thing happened at the 13 front desk, with the CSO or whatever, was that in earshot? 14 In close proximity to the station where he was filing the 15 report; do you know? 16 Yes. He said that it was close 17 enough because 1111111111 heard it and he said that when he 18 heard it, and he looked at the citizen, the citizen was kind 19 of looking at him, kind of like dumbfounded, like why is 20 this guy saying this? Never made any statement to the 21 effect but just the way he was looking at 1111111111 22 SERGEANT Okay. And have you, since being 23 notified about all this stuff, from 1111111111 have you talked 24 to 111111 about what he observed throughout this -- 25 No. I haven't talk to anybody since 18 1 2 3 4 INTERVIEW OF: - I notified Lieutenant SERGEANT ~ SERGEANT PSU NO.: 2020-0050 -So, not 1111111111 or - No. Okay. Since --I think he had 5 reported this sometime last week, to you; is that correct? 6 SERGEANT It was --yes, last week. It was on 7 the 1st. 8 SERGEANT Okay. So, since the 1st, has 1111111111 9 come to you with any new --new information that this is 10 continuing? 11 No. Not as far as Tennant. Just he 12 received another text message regarding the dating website. 13 He had received another one. 14 15 16 17 18 19 SERGEANT SERGEANT SERGEANT SERGEANT ~ SERGEANT The one we just talked about? Yes. Okay. That was since the ist? That was since the 1st. Yes. Okay. Is it his opinion that 20 information is still up on that website? I believe so. his 21 22 SERGEANT Okay. Does he know there's a method 23 in which to remove that? 24 I don't know if he can remove it, 25 based on the fact that someone else setup the account. 19 INTERVIEW OF: -PSU NO.: 2020-0050 SERGEANT Okay. ~ Unless you have the the administrator, maybe? And I'm not sure if he knows. SERGEANT Okay. Sergeant do you have anything else that you think we haven't addressed or feel that we need to address further? No. I think that's it. 2 3 4 5 6 7 8 SERGEANT Okay. Sergeant I am 9 ordering you not to communicate with anyone regarding this 10 investigation, other than me or any person with whom you 11 have a confidential communication privilege under California 12 Statutory, and case law, for example, without limitation, 13 attorney/client, physician, psychologist patient, clergy, 14 penitent. Failure to follow this order may be deemed 15 insubordination and result in administrative discipline, up 16 to and including termination of your employment with the 17 City of Huntington Beach. Do you understand that? 18 19 ~ Yes, sir. SERGEANT Please circle "yes" and initial if 20 that's the case. 21 22 (CIRCLES AND INITIALS.) SERGEANT All right. And that is going to 23 conclude the interview at 9:46 AM. 24 25 20 2 3 4 5 6 7 8 9 10 11 12 13 14 INTERVIEW OF: -PSU NO.: 2020-0050 (END OF INTERVIEW.) 21 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER-- SERGEANT PSU 2020-0050 9:23AM 10-30-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Interview /03-05-21 HBPD PSU 2020-0050-- CRON & ASSOCIATES TRANSCRIPTION, INC. INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT Okay. This is going to be a witness 2 interview with Officer 111111 -pursuant to PSU 3 Investigation 2020-0050. The date of the interview is 4 October 30th, 2020, and the time is 9:23 AM. The location 5 is the Professional Standards Unit office and the 6 investigation is under the direction and command of Captain 7 Present in the room are myself, Sergeant 8 and Officer - 9 Officer -you are about to be questioned as part 10 of an official Huntington Beach Police Department 11 administrative investigation. You are, hereby, advised that 12 because you are a witness provisions of the Government Code 13 general referred to as Public Safety Officers' Procedural 14 Bill of Rights do not apply in this instance. 15 You are reminded Manual Section 1020 requires that you 16 make truthful and complete statements. Any refusal to do so 17 may result in discharge or other punitive action. 18 A representative is not allowed in this interview. You 19 are being interviewed as a witness. You are not under 20 investigation and you have not been charged with any 21 violations. If during the interview it becomes apparent you 22 may be subject to discipline, the interview will stop, you 23 will be told that your status has changed to that of a 24 subject and, at that time, you will be entitled to a 25 representative of your choice. In the event you decline to 2 INTERVIEW OF: --PSU NO.: 2020-0050 answer questions, you shall be advised of your 2 administrative rights as though you are a subject. 3 Officer -if the above admonition has been 4 explained to you and you understand its contents, would you 5 please sign next the word "employee." 6 7 ~-(SIGNS FORM.) You want my name there? SERGEANT No. All right. This investigation 8 involves an on-going dispute between --and maybe more -- 9 but between Officers 1111111111 and Tennant. Are you aware of 10 a contentious relationship between them? 11 12 13 14 15 ~-Yes. SERGEANT Do you know what it stems from? ~-Yes. SERGEANT What is that? ~ -It's from 1111111111 dating Tennant's 16 ex-girlfriend. 17 SERGEANT Okay. And do you know when this all 18 started? And I don't mean the dating but the --the issues 19 between Tennant and 1111111111 20 ~ -Yeah. I know when it all started. 21 SERGEANT Okay. Do you can you give me an 22 approximate time --a date? 23 ~ -It would be very approximate. If I look 24 in my phone, I could figure out more specifics, but I'd say, 25 maybe six weeks ago? Maybe more. 3 INTERVIEW OF: --PSU NO.: 2020-0050 1 SERGEANT Okay. So, that's fine. And have 2 you witnessed Tennant saying anything to 1111111111 3 specifically, in person? 4 ~-Yes. 5 SERGEANT And what have you heard him say to 6- 7 ~ -The word that he used over and over again 8 is, "Slimy and shady." "Shady." Not slimy. "Shady." 9 SERGEANT Has he said that directly to 10 - 11 ~-Yes. 12 13 14 15 16 SERGEANT In your presence? ~-Yes. SERGEANT And where was that at? ~ -South Sub. SERGEANT Okay. Just give me a second. Bear 17 with me here. Was that on or around September 24th, 2020? 18 ~ -That sounds right. I don't know the 19 exact date. 20 SERGEANT Was it about 3:00 PM, in the 21 afternoon? 22 23 ~ -Yeah. Right when these things came out. SERGEANT Was Officer 1111111111 with you in 24 the South Sub when this occurred? 25 ~ -He --he was walking in and out. I think 4 INTERVIEWOF: --PSUN0.:2020-0050 he possibly walked in right afterwards. He was there for 2 some of it. 3 SERGEANT Okay. Can you tell me what happened 4 that day? 5 ~ -Yes. We were just sitting in the South 6 Sub and either --I think 111111111 was sitting there with 7 me or he was about to come in the room, and Tennant came in 8 and he was headed to the bathroom. I told him that 111111111 9 was in there, so he'd have to go upstairs, and he looked 10 around the room --and now that I think about it, it was 11 just me. ~ was coming in a few minutes later --or a few 12 seconds later. He looked around the room and saw my 13 computer, that it was right next to me, and then saw a 14 computer on the desk next to him and, I think, he just 15 assumed it was 111111111 and he went over there and he typed 16 on the computer for maybe 15 seconds and then 111111111 came 17 out, and they exchanged words for a little bit. Nothing 18 crazy. Just, you know, "You' re shady." Okay. That sort of 19 thing. 20 21 SERGEANT Who said that, "You're shady"? ~ -Tennant told -"You're shady." He 22 said some other --other things, too, but -- 23 24 SERGEANT What else did he say? ~ -It's just over and over again, "You' re a 25 shady guy. You can't be trusted. Shady." Just the same 5 INTERVIEW OF: --PSUNO.: 2020-0050 thinking over and over again. 2 SERGEANT Did he ever say anything - 3 something to the effect of, "How were your dates?" 4 ~ -I don't remember that. It was a, maybe, 5 30 second conversation. 6 SERGEANT And what was ~ response to 7 it (INAUDIBLE) . 8 ~ -~ was just passive the whole time. 9 He didn't a lot of response. He just kind of took it and he 10 made the occasional comment, but it wasn't aggressive and he 11 just kind of --he just kind of took it in. 12 SERGEANT Did you remember what his occasional 13 comment was? 14 ~-It was it was stuff that was trying to 15 --I could tell he wanted to come to terms with what was 16 going on. He would say something like, "We need to figure 17 this out" or I believe, in that moment, he even suggested 18 meeting, but I don't remember his exact phrases or what it 19 was. 20 SERGEANT Okay. And when you saw Tennant on 21 the computer, typing, do you know he was typing to? 22 ~ -I have no idea. 23 24 SERGEANT Could you see what he was typing? ~ -No. The computer was faced away from me 25 and I just saw that he was typing on the computer for a few 6 INTERVIEW OF: --PSU NO.: 2020-0050 1 seconds. 2 SERGEANT Did he say anything to you about 3 typing on it? 4 ~ -No. No. He just typed on it, - 5 came out of the bathroom, they talked for a few seconds and 6 then Tennant went into the bathroom. 7 SERGEANT What did you think Tennant was 8 typing? 9 ~ -Well, at the time, I didn't know. 10 -went in his computer afterwards and looked at his 11 sent messages and saw that the message was sent to, I 12 believe, ---or somebody. I believe was her but, at 13 the time, I didn't know. 14 SERGEANT Okay. Did anything else happen that 15 day? Between Tennant and 1111111111 In your presence? 16 17 ~ -It was so constant. SERGEANT Well, what do you mean "it's 18 constant"? Like what? 19 ~ -Just like in passing. It's every time 20 they'd pass each other, Tennant would say something 21 derogatory but I don't remember anything specific that day. 22 But -kept coming to me and like giving me updates. 23 For some reason, I was like his --I don't know --he was 24 trying to talk to somebody about it, to figure out what to 25 do, so I kept hearing the updates. But, basically, it was 7 INTERVIEW OF: --PSU NO.: 2020-0050 just that every time they passed each other, a derogatory 2 comment was made by Tennant. I don't remember anything else 3 specific that day. 4 SERGEANT Did 1111111111 ever asked you to go 5 with him to Huntington Beach High School? 6 ~-Yeah. 7 SERGEANT Do you know when that was? 8 ~ -That was after I want to say a few 9 days after. SERGEANT Okay. 10 11 ~ -A few days after. Maybe even to like 12 five days after or --or it could have been two days. I 13 don't remember. 14 SERGEANT Okay. On or around September 26th 15 sound right? 16 ~ -That sounds right. Yeah. 17 SERGEANT Okay. And did Tennant ever 18 respond --or come to the high school? 19 20 ~ -He never came. SERGEANT What was 21 day, if you have any knowledge of that? intention that 22 ~ -He just wanted --he told me that he 23 wanted me to come there and just be an intermediatory and 24 keep the peace, and he wanted to just end whatever was going 25 on and he wanted to talk to Tennant about it. He wanted to 8 INTERVIEW OF: --PSU NO.: 2020-0050 1 tell Tenant that there was no ill-intention on his part in 2 how everything went down, and he just wanted to end the 3 conflict. He was tired of it. 4 SERGEANT Were you made aware that an online 5 profile for a dating website had been created with 6 picture and phone number? 7 8 ~--toldme. SERGEANT Okay. And when he told you that, 9 was that on or around the date you guys were around, trying 10 to meet at the high school? 11 ~-It was yeah. I don't know the exact 12 dates, but I remember him telling me that. I can't remember 13 if it was before or after the meeting. 14 SERGEANT And did -adamantly deny that 15 16 17 18 he established that online profile? ~ -Yeah. Yeah. He he was pretty upset. SERGEANT Did he suspect that Tennant did it? ~ -Yeah. He --he, initially, thought it 19 was Tennant. He told me it was created. He told me he was 20 receiving phone calls or messages on the thing. 21 SERGEANT Did you ever learn that it was 22 somebody other than Tennant that did that? 23 24 ~ -No. He just assumed. SERGEANT Okay. Do you have any knowledge if 25 Tennant did that or not? 9 INTERVIEW OF: --PSU NO.: 2020-0050 1 .. _No. 2 SERGEANT And you never heard him admit to 3 doing that? 4 5 .. _No. SERGEANT Now, with how you know Tennant --or 6 I'm not saying how --but in what you know from Tennant - 7 -or of Tennant, do you know if he engages in online dating 8 and is aware of a website called Doublelist? 9 10 11 .. -I have no idea. SERGEANT He's never mentioned that to you? .. -I've never talked about anything like 12 that with him. 13 SERGEANT Have you ever hear him refer to a 14 term called "sexy top" in any fashion prior to this? 15 16 .. _No. SERGEANT Okay. Do you have any knowledge of 17 him establishing an online dating profile or any other kind 18 of profile to solicit messages, such as which 1111111111 told 19 you he received -- 20 21 22 23 .. _No. SERGEANT --on anybody else? .. _No. SERGEANT In ~ --I guess you could 24 say what he's confiding in you and kind of using you as a 25 sounding board? Does that sound accurate? 10 INTERVIEW OF: --PSU NO.: 2020-0050 ~ -Yeah. Yeah. 2 SERGEANT Just somebody that you can talk to? 3 ~ -Because we're on the same squad and he 4 trusts me, so he's just kind of sharing updates with me and 5 asking what to do. 6 SERGEANT What do you see in his demeanor, 7 1111111111 that is, with regards to what's going on? 8 ~ -I mean it seems like he just wanted the 9 conflict to end. He's the type of person that hates 10 conflicts and I could tell it was causing ~ngst amongst 11 himself with this because every day it's just something new. 12 I could tell he wanted it to be over and that's about it. 13 14 SERGEANT Did he appear distracted at work? ~ -It was causing him some anxiety, for 15 sure. I mean I could tell that 16 17 SERGEANT Did you say "anxiety"? ~ -Yeah. I could just tell that he really 18 wanted it to end. 19 20 SERGEANT Right. ~ -That's what --just that's the overall 21 thing. He just wanted it to be over. 22 SERGEANT Did you see any kind of adverse -- 23 did you see him --I know that you said "anxiety," but did 24 you use it effect his ability to work? 25 ~ -No. I never saw any change in his work 11 INTERVIEW OF: --PSUNO.: 2020-0050 style. 2 SERGEANT So, nothing regarding --no officer 3 safety issues came up because of this? 4 ~-No. 5 SERGEANT No lack of production or withdrawing 6 from responsibility? 7 ~ -No. Not at all. 8 SERGEANT but just his overall anxiety is what 9 you noticed? 10 11 ~ -Yes. He just wanted it to be over. SERGEANT Okay. 12 ~ -He didn't --he didn't have anything 13 against Tennant. He just wanted the conflict to end. 14 SERGEANT Okay. All right. And, to your 15 knowledge, has Tennant made any other derogatory terms --or 16 statements towards -to anybody else? 17 ~ -Just from what -told me. 18 SERGEANT Any first-hand knowledge from 19 yourself? 20 ~ -No first-hand knowledge. Just the 21 occasional walking by each other and just calling him, 22 11 Shady. 11 That' s it. 23 SERGEANT Okay. Anything else I missed, do 24 you think? 25 ~ -No. That's about it. 12 INTERVIEW OF: --PSU NO.: 2020-0050 1 SERGEANT All right. I think that's it for 2 right now and if I need to talk to you again, I will, but in 3 the meantime I'm going to order you --I'm ordering you not 4 to communicate with anyone regarding this investigation, 5 other than me, or any person with whom you have a 6 confidential communication privilege under California 7 Statutory and case law, for example, without limitations, 8 attorney/client, physician, psychologist patient, clergy, 9 penitent. Failure to follow this order may be deemed as 10 insubordination and result in administrative discipline, up 11 to and included termination of your employment with the City 12 of Huntington Beach. Do you understand? 13 ~ -I understand. 14 SERGEANT Okay. So, just don't talk about 15 this investigation with anyone. Okay? 16 ~ -The bottom? 17 SERGEANT Yeah. And circle "yes" and initial 18 if you understand that order. 19 ~ -(CIRCLES AND INITIALS.) 20 SERGEANT All right. This is going to 21 conclude the interview and the time is 9:34 AM. 22 {END OF INTERVIEW. ) 13 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER .. SERGEANT SERGEANT PSU 2020-0050 3:05 PM 10-30-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Interview /03-05-21 HBPD PSU 2020-005 CRON & ASSOCIATES TRANSCRIPTION, INC. INTERVIEW OF: • PSU NO.: 2020-0050 1 SERGEANT This is going to be a witness 2 interview with Officer 1111111111 regarding PSU Investigation 3 No. 2020-0050. The date of the interview is October 30th, 4 2020, and the time is 3:05 PM. The location is the 5 Professional Standards Unit office and this investigation is 6 under the direction and command of Captain 7 Present in the room are myself, Sergeant Sergeant 8 and Officer 9 Officer you are about to be questioned as 10 part of an official Huntington Beach Police Department 11 administrative investigation. You are, hereby, advised that 12 because you are a witness provisions of the Government Code 13 general referred to as Public Safety Officers' Procedural 14 Bill of Rights do not apply in this instance. 15 You are reminded Manual Section 1020 requires that you 16 make truthful and complete statements. Any refusal to do so 17 may result in discharge or other punitive action. 18 A representative is not allowed in this interview. 19 are being interviewed as a witness. You are not under 20 investigation and you have not been charged with any You 21 violations. If during the interview it becomes apparent you 22 may be subject to discipline, the interview will stop, you 23 will be told that your status has changed to that of a 24 subject and, at that time, you will be entitled to a 25 representative of your choice. In the event you decline to 2 INTERVIEW OF: • PSU NO.: 2020-0050 1 answer questions, you shall be advised of your 2 administrative rights as though you are a subject. 3 Officer if the above admonition has been 4 explained to you and you understand its contents, would you 5 please sign next the word "employee." 6 7 8 9 10 11 12 13 14 15 16 17 111111 Where? SERGEANT Wherever you want. 111111 (SIGNS DOCUMENT.) SERGEANT All right. Officer this investigation is an administrative investigation and it involves a contentious relationship or harassment occurring between Officers 1111111111 and Tennant. Do you work with Officers 1111111111 and Tennant in some fashion? 111111 Yes. SERGEANT Okay. Were you on the same squad as Officer 1111111111 Or Officer Tennant? 111111 During the time of this incident? 18 SERGEANT Okay. Right now, are you on either 19 one of their squads? 20 21 111111 No. SERGEANT Previous to this shift --the 22 deployment previous to this, were on either one of their 23 24 25 squads? 111111 Yes. SERGEANT Okay. And which one? 3 INTERVIEW OF: • PSU NO.: 2020-0050 1 2 .. Officer ~ squad, 1111111111· SERGEANT Okay. Is that --that was a day 3 watch squad? 4 5 .. Day watch. SERGEANT Okay. Were you aware that there was 6 some kind of --I don't know --contentious relationship or 7 animosity between Tennant and 1111111111 8 9 .. Yes. SERGEANT Okay. Do you know what that stemmed 10 from? To the best of your knowledge? 11 12 else. 13 14 15 .. A personal relationship with someone SERGEANT Okay. Outside of work? .. Yes. SERGEANT Okay. And have you --prior to 16 September 17th, 2020, which, I believe, was a Thursday -- 17 Thursday, September 17th, 2020, had you seen any kind of 18 interactions with 1111111111 and Tennant which you would 19 describe as being unprofessional or harassing? 20 21 22 23 .. I don't recall that -- SERGEANT Okay. .. --specific date. SERGEANT Okay. But prior to that date 24 prior to that date, do you remember seeing or hearing 25 anything that rings a bell as being harassment or any kind 4 2 3 INTERVIEW OF:. PSU NO.: 2020-0050 of unprofessional behavior between the two of them? .. No. SERGEANT Okay. Now, this is based on other 4 statements and some KOT messages, but it appears on 5 September 17th, 2020. Were you at the that was a 6 Thursday afternoon, about 3:00 PM, were you at the 7 Huntington Beach South Substation? 8 9 10 11 12 .. Yes. SERGEANT Okay. Were you there with - and--.. Officer - Yes. SERGEANT Okay. At some point, during that 13 time, at approximately around 3: 00 PM, on September 17th, 14 did Officer Tennant enter the South Substation? 15 16 17 18 19 .. before I did. SERGEANT .. SERGEANT Officer Okay. On that Okay. Tennant entered the substation date. So, when you walked in, who 20 else was in there besides Officer -Officer Tennant, 21 and Officer - 22 .. When I walked in, it was only Officer 23 Tennant and Officer -visible. 24 25 SERGEANT Okay. .. I didn't know Officer -was in 5 INTERVIEW OF: • PSU NO.: 2020-0050 there, at that moment. 2 SERGEANT Okay. At what point --what did you 3 see after you entered? 4 111111 When I entered, I saw Officer 1111111111 5 sitting at a desk and I saw Officer Tennant standing by a 6 desk with a computer in front of him. I could not see what 7 was going on on the computer. He was slouched down by the 8 computer, but I do not know what he was doing at that moment 9 or I did not know what he was doing at that moment. 10 SERGEANT Did it appear that he could have 11 been typing or was typing? 12 111111 Yes. 13 SERGEANT Okay. And did you see him walk into 14 the substation? 15 111111 I'm trying to remember. I know he 16 walked in right before I did, I think. If I remember 17 correctly, he walked in before me. 18 19 20 SERGEANT Okay. 111111 Yeah. SERGEANT And when he walked in, if you can 21 remember, did you see him carrying a computer? 22 111111 I can't remember that. 23 SERGEANT Okay. At --after he was done 24 crouching down by the computer, or however you described it, 25 what did he do next? Or what happened next? 6 INTERVIEW OF: • PSU NO.: 2020-0050 .. He moved away from the computer. At 2 some point Officer 1111111111 came into that main room. There 3 4 5 6 7 8 was a --a small verbal exchange, which I can't remember -- I, honestly, can't remember what it was between them and, I believe, Officer Tennant left shortly after that. SERGEANT Okay. What happened after that? .. Officer 1111111111 walked over to that computer and asked if Officer Tennant had sent anything from 9 his computer. I did not know that was Officer 10 computer because Officer 1111111111 wasn't in there when I 11 walked in and I didn't know exactly what Officer Tennant was 12 doing at that moment. 13 SERGEANT Did you hear 111111 say anything 14 that, you know, confirming that Tennant had typed on the 15 computer, or anything like that? 16 .. Not that I remember. I know there was 17 something along the lines of a message was sent. 18 SERGEANT Okay. 19 .. And Officer 1111111111 went to verify 20 that. 21 SERGEANT Okay. 22 .. I don't know what exactly the message 23 said or any of that. I, honestly, didn't want to get 24 involved any further with it. 25 SERGEANT Okay. And I know you couldn't 7 INTERVIEW OF: • PSU NO.: 2020-0050 remember the words that were exchanged but was it anything 2 that was derogatory or --or a violation of policy or 3 4 unprofessional? .. Not --not a violation of policy. I 5 know for a fact it wasn't any of that. There was no curse 6 words. I can't tell you exactly what he said and I don't 7 remember. 8 SERGEANT Okay. Did 1111111111 leave the 9 substation next or did you guys? 10 11 .. I think I did. I left. SERGEANT After leaving the substation, did 12 you hear anything further about this interaction or --or 13 exchange between 1111111111 and Tennant? 14 .. Just that a message had been sent 15 through the KDT to another officer. Exactly what it said, I 16 don't know and I don't remember. Yeah, they probably said 17 it, but I don't remember. 18 SERGEANT Okay. Is that, pretty much, it for 19 that day? .. Yes. 20 21 SERGEANT After that day, that being September 22 17th, 2020, and up until now, the end of October, have you 23 witnessed Tennant demeaning or berating or being 24 unprofessional with Officer - 25 .. After that incident? No. 8 2 3 4 5 6 7 8 INTERVIEW OF:. PSU NO.: 2020-0050 SERGEANT Okay. Now, I don't know to the extent your relationship with Tennant is, but have you ever heard Tennant mention a website called "doublelist.com"? .. No. SERGEANT So, you're unaware of if he has any affiliation or an account with them or anything like that? Or he uses that as a dating website or anything like that? .. Officer Tennant has never said 9 anything about that to me. 10 SERGEANT Okay. Have you ever had any 11 in-depth conversations with Tennant about his relationship 12 13 14 with-.. No. SERGEANT And vice versa with - 15 regarding his relationship with Tennant? 16 17 .. In-depth conversations? No. SERGEANT Has he ever confided in you that 18 he's adversely affected by his relationship --with how it 19 relates to his work? 20 .. Officer 1111111111 was upset about how 21 all this went down but I figured it was more personal, 22 outside of work, with another person than it actually 23 affecting his work. 24 SERGEANT Okay. So, you never saw it affect 25 his work, when you were 9 INTERVIEW OF: • PSU NO.: 2020-0050 .. No, no. I can't --I thought he 2 worked fine. Now, as for anything else going on behind 3 closed doors, or if he was really upset, he never really 4 showed it. 5 SERGEANT Okay. But you said he was upset 6 because of how this all went down . 7 .. Yeah. I know it was bothering him, 8 for sure, I mean, it was just an on-going thi~g. 9 SERGEANT How could you tell it was bothering 10 him? Can you describe that? 11 .. Well, he --he would say like -- 12 actually, I really can't answer on that because I don't know 13 exactly what he said. 14 SERGEANT Okay. But would he make reference 15 to --maybe you can't remember specifically but would he say 16 things to the effect of this guy is bothering me or did it 17 just show on his face kind of or 18 .. No. He would make some --some clear 19 remarks about, you know, text messages outside of work where 20 they were trying to work things out. Exactly what those 21 text messages said, I don't know, but I know --I know there 22 was a dog involved and I know, you know, stuff of that sort. 23 24 25 SERGEANT But specifics you can't -I .. Specifics? No. SERGEANT Okay. Anything else that you feel 10 INTERVIEW OF: • PSU NO.: 2020-0050 that I've missed? 2 .. From that incident? No. SERGEANT 3 How about for the overall? .. SERGEANT 5 The demeanor between 1111111111 and 6 Tennant? 7 .. It think it's good now. I think they 8 settled the big they had to settle now. I don't speak to 9 Officer 1111111111 much anymore because we're not on the same 10 squad and Officer Tennant, I don't really see him because we 11 not on the same squad and we work, I think, similar days but 12 we don't really cross paths. 13 SERGEANT All right. Okay. That's it. 14 Officer I am ordering you not to communicate with 15 anyone regarding this investigation, other than me or any 16 person with whom you have a confidential communication 17 privilege under California Statutory, and case law, for 18 example, without limitation, attorney/client, physician, 19 psychologist patient, clergy, penitent. Failure to follow 20 this order may be deemed insubordination and result in 21 administrative discipline, up to and including termination 22 of your employment with the City of Huntington Beach. Do 23 you understand? 24 25 SERGEANT Please circle "yes" and initial 11 INTERVIEW OF: -PSU NO.: 2020-0050 1 please. 2 ~ (CIRCLES AND INITIALS.) 3 SERGEANT All right. And that's going to 4 conclude the interview and the time is 3:16 PM. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (END OF INTERVIEW.) 12 HUNTINGTON BEACH POLICE DEPARTMENT PHONE INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: SERGEANT PSU 2020-0050 10-15-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT - /03-05-21 HBPD PSU 2020-0050 CRON & ASSOCIATES TRANSCRIPTION, INC. Interview 2 3 4 5 6 PHONE INTERVIEW OF: PSUNO.: 2020-0050 (PHONE RINGING. ) Hello. SERGEANT Hey, I'm looking for 1111111111 You're speaking to him. SERGEANT Hey, how are you? My name is 7 Sergeant I'm a sergeant with the Huntington Beach 8 Police Department. 9 I don't hear any --I do that 10 stuff over --by mail and stuff like that. I don't do that 11 over the phone. I don't really trust that money getting to 12 the police department. My dad was a cop for 30 years so I'm 13 (INAUDIBLE). 14 SERGEANT I'm not looking for a donation. I'm 15 calling in reference to an incident --I guess you came to 16 the police department on September 17th, 2020. 17 That was a long time ago. 18 (LAUGHS.) 19 SERGEANT Yeah. Yeah. I (INAUDIBLE)? 20 21 SERGEANT Yeah. I appreciate that. This is 22 kind of related but unrelated so this might sound kind of 23 weird, but when you were talking to the officer at the front 24 desk, did you see any kind of unusual interaction between 25 the officer you were speaking with and another officer? 2 No. This wasn't the front 2 desk. It was at the --the front front door. 3 SERGEANT Yeah. Just outside the front door 4 is what I'm referring to. 5 No. There wasn't another 6 officer there, as far as I know. There was just one. 7 8 9 10 11 12 13 SERGEANT Do you remember At that time. SERGEANT seeing another office walk by? No. I don't think so. SERGEANT Okay. So, you don't remember If I remember right. SERGEANT You don't remember hearing any 14 between the two? 15 No. I don't remember seeing 16 al I remember seeing is the one officer and I was talking to 17 him about my dad --I was telling him about my dad working 18 on that case where the that cold case that happened 50 19 years ago, on Chapman, when I was 10 years old, and I was 20 talking to him about it. 21 SERGEANT Okay. 22 And that's the one --that was 23 just me and him talking and I didn't see any other officers. 24 SERGEANT Okay. All right. Well, I'm sorry 25 to bug you. I know that sounded kind of unusual but I just 3 PHONE INTERVIEW OF: PSU NO.: 2020-0050 --we're just doing a follow-up 2 Is there something going on? 3 (LAUGHS.) Did somebody --something going, you know, weird? 4 (LAUGHS.) 5 SERGEANT Yeah. I'm looking into stuff and 6 nothing that you need to be concerned with from here on out. 7 So, I appreciate your time. 8 I'm not really concerned. 9 SERGEANT Yeah. My dad was a Huntington Beach 10 Police officer -- 11 12 13 SERGEANT Oh, really? Yeah. For 30 years. SERGEANT Oh, no kidding? He must have 14 retired before I got here. 15 Yeah. I know he was retired. 16 He retired in the '70s or 19 --I forget when he retried 17 it's been so long. 18 19 SERGEANT Well, hey, I appreciate your time. No problem. It was just me and 20 that officer. He was a young officer, I don't remember his 21 name, and there was guy, there was --I believe it was a 22 citizen just like me, and he was out front, and kind of 23 upset about something and I don't know what he was upset 24 about because it's none of my business. 25 SERGEANT Okay. Yeah. No, I get it. 4 PHONE INTERVIEW OF: PSUNO.: 2020-0050 But it was just me and 2 that officer, Sergeant 3 SERGEANT Got you. I appreciate it, sir. 4 Thank you for your time. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Uh-huh. SERGEANT Bye-bye. You take it easy and be safe. SERGEANT Yep. You too. Thanks. Bye. {END OF INTERVIEW.) 5 HUNTINGTON BEACH POLICE DEPARTMENT PHONE INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: .. _ SERGEANT PSU 2020-050 10-15-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Interview 03-05-21 HBPD PSU 2020-0050 ·-- CRON & ASSOCIATES TRANSCRIPTION, INC. 1 2 3 4 5 PHONEINTERVIEWOF: ·- (PHONE RINGING. ) ·-Hello. SERGEANT Hey, is this 111111 ·-Yes. PSU NO.: 2020-0050 SERGEANT 111111 from Huntington 6 Beach PD . 7 8 • -Hey, how are you? SERGEANT Good, thanks. Hey, I know I was 9 going --I'd call you a minute ago, and just to let know, 10 this is going to be a recorded line. I just want to make 11 sure. Is that okay that I record this call? 12 • -Yes, it is. 13 SERGEANT Okay. Cool. 111111 the reason I'm 14 calling is I'm investigating an incident that occurred on 15 September 17th, 2020, a little over a month ago, here at the 16 police department. And, just to kind of give you the 17 context, you were walking out of the police department and 18 it appeared, based on video, that Officer 1111111111 was 19 talking to a citizen and Officer Tennant was approaching 20 them and, it appeared maybe that Officer Tennant might have 21 said something to you, based on the video and based on other 22 things. Do you have an independent recollection of that 23 incident? 24 • -I --I don't --I have so much --I had 25 so much going on at that time, I don't --I, honestly, don't 2 PHONE INTERVIEW OF: ·-PSU NO.: 2020-0050 have any specifics. I remember saying hi to him and he 2 mentioned somebody else but I don't know who he was talking 3 to or talking about. I don't know the other officer either, 4 so 5 SERGEANT Okay. Do you remember him saying 6 anything about the officer being "shady" or "can't be 7 trusted"? 8 • -I don't remember that. No. 9 SERGEANT Okay. So, other than you saying hi 10 to him and him saying something about -you don't have any 11 specific recollection of what it is that he said? 12 • -I do not. 13 SERGEANT And do you remember hearing him 14 saying any disparaging about the officer that was standing 15 out in front of the police department? 16 ·-Hello? 17 18 19 20 21 22 23 24 25 SERGEANT Yeah. Can you hear me? ·-Hello? SERGEANT Can you hear me? • -Are you still there? SERGEANT Yep. Can you hear me? Hello? ·-Hello? SERGEANT Hello? • -Are you still there, SERGEANT Yep. Can you hear me? Calling you 3 2 3 4 5 6 PHONE INTERVIEW OF:·-PSU NO.: 2020-0050 right back. {BREAK IN CALL TO RE-CONNECT.) {PHONE RINGING. ) ·-Hello. SERGEANT Can you hear me now? • -Yes. I think we lost our connection. 7 SERGEANT Oh, all right. I apologize. So, 8 just where I was leaving off is do you remember him saying 9 anything disparaging about the officer standing out in front 10 of the police department? 11 12 • -No. I do not. SERGEANT Okay. All right. Do you have any 13 independent recollection of any kind of disparaging remarks 14 made by Tennant towards Officer 1111111111 during your time 15 here at the Huntington Beach Police Department? 16 17 ·-I do not. SERGEANT All right. Well, I just want to 18 thank you for your time. 19 • -Thanks, 20 21 22 23 24 25 SERGEANT All right. ·-Take care. SERGEANT Take care. Bye-bye. ·-Bye. {END OF INTERVIEW. ) 4 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER-- SERGEANT PSU 2020-0050 8:40AM 10-16-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Interview /- HBPD PSU 2020-0050 CRON & ASSOCIATES TRANSCRIPTION, INC. INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT All right. This is going to be a 2 witness interview with Officer -PSU investigation 3 2020-0050. The date of the interview is October 16th, 2020, 4 and the time is 8:40 AM. The location is the Professional 5 Standards Unit office and the investigation is under the 6 direction and command of Captain Present in 7 the room are myself, Sergeant and Officer - 8 Officer -you are about to be questioned as part 9 of an official Huntington Beach Police Department 10 administrative investigation. You are, hereby, advised that 11 because you are a witness provisions of the Government Code 12 general referred to as Public Safety Officers' Procedural 13 Bill of Rights do not apply in this instance. 14 You are reminded Manual Section 1020 requires that you 15 make truthful and complete statements. Any refusal to do so 16 may result in discharge or other punitive action. 17 A representative is not allowed in this interview. You 18 are being interviewed as a witness. You are not under 19 investigation and you have not been charged with any 20 violations. If during the interview it becomes apparent you 21 may be subject to discipline, the interview will stop, 22 you'll be told that your status has changed to that of a 23 subject and, at that time, you will be entitled to a 24 representative of your choice. In the event you decline to 25 answer questions, you shall be advised of your 2 INTERVIEW OF: --PSU NO.: 2020-0050 1 administrative rights as though you are a subject. 2 Officer 1111111111 if the above admonition has been 3 explained to you and you understand its contents, would you 4 please sign next the word "employee." 5 -1111111111 (SIGNS FORM.) 6 SERGEANT All right, Officer 1111111111 were you 7 working on September 24th, 2020, I believe it was a 8 Thursday? 9 -1111111111 Yes. 10 SERGEANT And what was your call sign, if you 11 can remember? 12 13 14 -1111111111 - SERGEANT Okay. Are you normally - -1111111111 Normally -but at the 15 beginning of the deployment, I was, I think, ... for one 16 day, but I'm pretty sure that day I was ... 17 SERGEANT Okay. And, on that specific date, 18 that I asked you about, did you receive a message on your 19 mobile data computer from Officer - 20 -1111111111 Yes. 21 SERGEANT And do you remember exactly what the 22 message read? 23 -1111111111 Not verbatim, just a generalization of 24 what it said. Yes. 25 SERGEANT Can you tell me what you remember it 3 INTERVIEW OF: --PSU NO.: 2020-0050 saying? 2 - -So, I believe, "I'm 111111 and I can't 3 be trusted." 4 SERGEANT Okay. Did you ever take a picture 5 of that or -- 6 --No. 7 SERGEANT Okay. Did you --did you talk to 8 Officer -about the message? 9 - -I replied immediately and I said -- 10 and I think, along the lines of, "LOL. What are you talking 11 about?" 12 SERGEANT Okay. And did you receive a 13 response to that? 14 15 16 from? 17 18 19 20 21 - -I received a phone call after. SERGEANT Okay. And who was that phone call --From- SERGEANT Officer ~ ---Sorry. SERGEANT Yeah. Okay. And what did he say? - -He said, "What did that last message 22 say to you?" SERGEANT And --23 24 - -And then, I said what it --what it 25 said back to him. 4 INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT Uh-huh. 2 - -And then, he said, "Oh. Okay." And 3 then, that was the end of the conversation. 4 SERGEANT Okay. Did he make any mention of 5 any kind of issues he was having with anybody? 6 7 --No. SERGEANT Okay. And, to your knowledge, had 8 you received any other messages from him? 9 --No. 10 SERGEANT In that nature? Did you ever 11 receive any messages from Officer Tennant? 12 13 --No. SERGEANT Have you since received any messages 14 from Officer Tennant 15 16 17 18 --No. SERGEANT talking about that? --No. SERGEANT Okay. And to your knowledge is 19 there any issues that --between Officer Tennant and ~ 20 that you' re aware of? 21 22 --No. SERGEANT Okay. I think that's it. Is there 23 anything else that I'm missing that you feel is pertinent? 24 25 --No. SERGEANT Okay. All right. That's going to 5 INTERVIEW OF: --PSU NO.: 2020-0050 be it. 2 And, Officer -I'm ordering you not to 3 communicate with anyone regarding this investigation, other 4 than me, or any person within whom you have a confidential 5 communication privilege under California Statutory, and case 6 law, for example, without limitation of attorney/ client, 7 physician, psychology, patient, clergy, penitent. Failure 8 to follow this order may be deemed insubordination and 9 result in administrative discipline, up to and including 10 termination of your employment with the City of Huntington 11 Beach. Do you understand? 12 --Yes. 13 SERGEANT Okay. Can you just circle "yes" and 14 initial? Thank you. And the time is 8:45 AM. 15 16 17 18 19 20 21 22 23 24 25 (END OF INTERVIEW. ) 6 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER-- SERGEANT PSU 2020-0050 12:03 PM 10-16-20 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT --Interview /03-05-21 HBPD PSU 2020-0050·-- CRON & ASSOCIATES TRANSCRIPTION, INC. ' - INTERVIEW OF: --PSU NO.: 2020-0050 1 SERGEANT Okay. This is going to be a witness 2 interview with Officer -PSU investigation 2020-0050. 3 The date of the interview is October 16ili, 2020, and the 4 time is 12:03 PM. The location is the Professional 5 Standards Unit office and the investigation is under the 6 direction and command of Captain Present in 7 the room are myself, Sergeant and Officer - 8 Officer -you are about to be questioned as part 9 of an official Huntington Beach Police Department 10 administrative investigation. You are, hereby, advised that 11 because you are a witness provisions of the Government Code 12 general referred to as Public Safety Officers' Procedural 13 Bill of Rights do not apply in this instance. 14 You are reminded Manual Section 1020 requires that you 15 make truthful and complete statements. Any refusal to do so 16 may result in discharge or other punitive action. 17 A representative is not allowed in this interview. You 18 are being interviewed as a witness. You are not under 19 investigation and you have not been charged with any 20 violations. If during the interview it becomes apparent you 21 may be subject to discipline, the interview will stop, you 22 will be told that your status has changed to that of a 23 subject and, at that time, you will be entitled to a 24 representative of your choice. In the event you decline to 25 answer questions, you shall be advised of your 2 INTERVIEW OF: --PSU NO.: 2020-0050 administrative rights as though you are a subject. 2 Officer -if the above admonition has been 3 explained to you and you understand its contents, could you 4 please sign next the word "employee." 5 --(SIGNS FORM.) 6 SERGEANT Okay. Officer -the part I 7 need to talk to you about, regarding this investigation, 8 involves a potential text message you received from Officer 9 Tennant. Do you recall receiving a text message from him? --Yes. 10 11 SERGEANT Okay. And do you recall the date 12 you received that text message? 13 - - I don't remember, specifically, off the 14 top of my head. 15 SERGEANT Do you still have that text message? 16 --I do. 17 SERGEANT Would you --if you --and I can't 18 order you to access your phone or provide me with anything. 19 --Uh-huh. 20 SERGEANT Because it is your personal phone, 21 but if you wouldn't mind, could you reference and see if you 22 could establish the date that it was sent to you? 23 - -Yes. (SEARCHING PHONE.) It was sent 24 September 26th. 25 SERGEANT Okay. And do you --and I know you 3 INTERVIEW OF: --PSU NO.: 2020-0050 1 just looked at it but do you recall what the text message 2 was? 3 - -It was a screenshot of the conversation 4 between Tennant and another officer -111111 1111111111 5 SERGEANT Okay. So, it appeared to be a text 6 message conversation between Tennant and 11111111111 Is that 7 what I understand? 8 9 10 11 12 13 --Yes. SERGEANT And it was sent to you? --Yes. SERGEANT Do you know why it was sent to you? --No. SERGEANT Okay. Do you have any kind of 14 particular friendship or relationship with either one of 15 those officers? 16 17 --No. SERGEANT Other than a working relationship? 18 - -Just a working relationship. 19 SERGEANT Okay. And had you been having a 20 normal conversation with Tennant that led up to that or was 21 it kind of just a random text, out of the blue? 22 23 24 25 - -It was kind of random. SERGEANT Okay. --Yeah. SERGEANT Do you consistently text with him? 4 INTERVIEW OF: --PSU NO.: 2020-0050 2 3 4 --No. SERGEANT Okay. --I don't. SERGEANT And did he ever later tell you why 5 he sent you that message? 6 - -I'm assuming it's just because I was on 7 the squad with 111111 at the time so 8 SERGEANT Okay. And you were and 1111111111 were 9 on the same squad together? 10 --Uh-huh. 11 SERGEANT Okay. And did you mention receiving 12 that text to - 13 14 15 --Yes. SERGEANT And what did you tell him? - - I just told him, like why am I being 16 involved or it's between you two, so I'd rather not be 17 involved. 18 19 20 SERGEANT And have you been involved since? --No. SERGEANT Do you have any further knowledge of 21 any issues between the two of them? 22 23 24 it? 25 --No. SERGEANT Okay. Are you trying to stay out of --Yes. 5 INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT Is that what your intent was when 2 you asked 1111111111 --did you ever tell Tennant to leave you 3 out of it? 4 - -Yeah. I told both of them. 5 SERGEANT Okay. And they've --to this 6 extent, have complied with your request? 7 8 --Yes. SERGEANT Okay. All right. Is there anything 9 else that you have that might be informative to this 10 investigation? 11 12 --No. SERGEANT Okay. All right. That's it. 13 Officer -I'm ordering you not to communicate with 14 anyone regarding this investigation, other than me, or any 15 person within whom you have a confidential communication 16 privilege under California Statutory, and case law, for 17 example, without limitation of attorney/client, physician, 18 psychology patient, clergy, penitent. Failure to follow 19 this order may be deemed insubordination and result in 20 administrative discipline, up to and including termination 21 of your employment with the City of Huntington Beach. Do 22 you understand? 23 24 --Ido. SERGEANT Okay. Which means don't talk about 25 it with any of the --of your co-workers. 6 INTERVIEW OF: --PSU NO.: 2020-0050 - -Initial down here? 2 SERGEANT Yeah. Circle "yes" and initial if 3 you understand. 4 - -(CIRCLES AND INITIALS.) 5 SERGEANT And that will conclude the 6 interview. The time is 12:07 PM. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {END OF INTERVIEW.) 7 HUNTINGTON BEACH POLICE DEPARTMENT INTERVIEW OF: INTERVIEWED BY: CASE NO.: TIME: DATE: LOCATION: AUDIO FILE: TRANSCRIBED BY: FILE NO.: OFFICER-- SERGEANT SERGEANT PSU 2020-0050 3:43 PM 01-20-21 HUNTINGTON BEACH PD PROFESSIONAL STANDARDS UNIT -Interview #2 /04-23-21 HBPD PSU 2020-0050 S. -- CRON & ASSOCIATES TRANSCRIPTION, INC. INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT This is going to be a witness 2 interview with Officer - -PSU 2020-0050. This is 3 the second of two interviews with Officer 1111111 and the 4 date of the interview is January 20th, 2021. The time is 5 3:43 PM. The location is the Professional Standards Unit 6 office and this investigation is under the direction and 7 command of Captain Present in the room are 8 myself, Sergeant Sergeant and Officer 9- 10 Officer -you are about to be questioned as part 11 of an official Huntington Beach Police Department 12 Administrative Investigation. You are hereby advised that 13 because you are a witness, provisions of the Government Code 14 generally referred to the Public Safety Officers Procedural 15 Bill of Rights do not apply in this instance. 16 You are reminded that Manal Section 10-20 requires you 17 to make truthful and complete statements. Any refusal to do 18 so may result in discharge or other punitive action. 19 A representative is not allowed in this interview. You 20 are being interviewed as a witness. You are not under 21 investigation and you have not been charged with any 22 violations. 23 If, during the interview, it becomes apparent you may 24 be subject to discipline, the interview will stop. You will 25 told that your status has changed to that of a subject and, 2 2 3 4 5 6 7 8 9 10 11 12 13 INTERVIEW OF: --PSU NO.: 2020-0050 at that time, you will be entitled to a representative of your choice. In the event you decline to answer questions, you shall be advised of your administrative rights as thought you were a subject. Officer -if the above admonition has been explained to you and you understand its contents, would you please sign next to where it says "employee." .. _ (SIGNS DOCUMENT.) SERGEANT I'll sign as the witness. Officer, -do you recall having an interview with us on October 30th, 2020, at about 9:20 in the morning? .. _Yes. SERGEANT Okay. And that was in regards to an 14 incident that occurred at the South Substation and do you 15 still have an independent recollection of those events? 16 17 .. _Yes. SERGEANT Okay. I don't know if I just said 18 it, but that --was the date of that incident on or around 19 September 24th, 2020? 20 .. -That sounds right. 21 SERGEANT Okay. Do you remember the specific 22 date? 23 .. -No. I just know that date sounds about 24 right but I don't the specific date. 25 SERGEANT Okay. We had originally discussed 3 INTERVIEW OF: --PSU NO.: 2020-0050 the incident occurring approximately at 3:00 PM. Is there a 2 possibility it could have been later in the day? 3 ~ -Yes. Possibly. 4 SERGEANT Do you know how much later in the 5 day? 6 ~ -I recall new officers coming in so it 7 could have been after --potentially after swings came out. 8 SERGEANT Okay. Would that be -- 9 ~ -Usually, because of briefing, and they 10 start leaving the lot at 3:30, it could have between, if it 11 was on time, maybe 4: 00-ish. 12 SERGEANT When you say "4: 00-ish" can you give 13 me more of a timeframe? Like I'm not trying to pin you down 14 to a specific hour, I mean, I think everybody understands 15 "ish" but could you just like 16 ~ -I work day shifts, so I would --I would 17 have to assume, and it's only an assumption, that it had to 18 have occurred between sometime between 1500 and, at the 19 very latest, 1645. I really don't think it happened that 20 late but, I think, between those times would have been when 21 it had to have occurred. 22 SERGEANT Any time between 3:00 and 4:45 is 23 what you' re saying? 24 ~ -Yeah. Because usually out of the 25 substation by --by 4: 45. 4 INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT And my understanding is you --based 2 on what we discussed earlier, you were there with Officer 3- 4 ~-Yes. 5 6 SERGEANT You were both on day watch? ~-Yes. 7 SERGEANT Give me your routine at the end of 8 your day watch shift, towards the later --latter quarter of 9 your day watch shift, when swings come out. What is the 10 typical thing for you to do? 11 ~ -Well, as long as it wasn't too busy, 12 usually ~ and I would be at the substation in the 13 later part of the day, doing our DRs and writing and usually 14 we'd leave the substation by like 4: 50 PM, 4: 45. 15 SERGEANT Okay. So, say you were there trying 16 to get caught up on your paperwork? Or computer work, as 17 they call it now? 18 19 ~-(INAUDIBLE.) SERGEANT Okay. And, if my memory serves me 20 right, Officer Tennant had come into the substation? 21 22 ~-Uh-huh. SERGEANT And, at that time, when he came in, 23 ~ was not present? He was in the bathroom? 24 25 ~-Uh-huh. SERGEANT Is that your recollection? 5 2 3 INTERVIEW OF: ~-PSU NO.: 2020-0050 ~-Yes. SERGEANT And then, I know we discussed here and I'll kind of give you something a little bit of -- 4 help you remember what you said in the initial interview and 5 you said --you said, "Tennant noticed -computer on 6 the desk and typed on it for about 15 seconds." ~-Uh-huh. 7 8 9 SERGEANT Is that still what you recall? ~ -Yeah. Which I recall, it was a very 10 short amount of time. 11 SERGEANT Okay. 12 ~ -It could have timed in the amount of 13 seconds. There was nothing SERGEANT Okay. 14 15 16 ~ ---significant --more than a moment. SERGEANT Can you describe what you saw him 17 doing on the computer? 18 ~ -Well, I remember I was sitting and at the 19 time, -computer at my KOT --or MDT, facing me. I 20 was sitting kind of like this and the desk across from me 21 and -computer was facing towards the front door 22 the screen was --and I remember Tennant grabbing it, 23 turning it towards, I guess, Walnut. The screen would be 24 facing Walnut and just saw him type on it for a short 25 moment. 6 INTERVIEW OF: --PSU NO.: 2020-0050 SERGEANT Okay. Describe what you mean "type 2 on it." Was he keystroking? 3 ~ -I just heard the keyboard. That's all. 4 SERGEANT Okay. 5 ~ -I wasn't even 6 SERGEANT If you could guess, based on your 7 independent recollection only, how many words would you have 8 said he typed? 9 ~ -That's really difficult. I --I would 10 say a sentence. 11 SERGEANT Okay. It wasn't a single click and 12 of a single click of a button? 13 14 15 ~ -No. It was -- SERGEANT Or like two buttons? ~ -Again, I was not staring at him. I was 16 doing my --my business on the computer. 17 SERGEANT Right. And I want you to 18 ~ -All I heard was the keyboard for a 19 moment. 20 SERGEANT Okay. 21 ~ -And I would assume between more than one 22 word and less than 10, if I had --if I had to choose. 23 SERGEANT Okay. ~ -But I don't I don't know. 24 25 SERGEANT You don't know? 7 INTERVIEW OF: --PSU NO.: 2020-0050 ~-Yeah. 2 SERGEANT Okay. And do you ever --had you 3 ever learned what he typed on that computer? 4 ~ -Yeah. I did hear, but I do not remember 5 what it was. 6 SERGEANT Okay. 7 ~ -I know, based on me hearing it, I knew it 8 was a derogatory of some sort. 9 10 11 SERGEANT Okay. ~ -But I don't remember the exact thing. SERGEANT Okay. And so, I don't - I don't 12 want to mix this up and I want to keep this as simple as 13 possible. You estimate the amount of words that he typed, 14 based on what you heard, saw, or based on your senses and 15 your independent recollection, it being approximately a 16 sentence? 17 ~ -Uh-huh. 18 SERGEANT And not the single II click" of a 19 button, for example, checking calls waiting? 20 ~ -That's correct. 21 SERGEANT Is there any doubt in your mind that 22 he could have just hit one button and checked for calls for 23 service? 24 25 ~-No. SERGEANT Did you see anybody else, other than 8 INTERVIEW OF: --PSU NO.: 2020-0050 1 Tennant, type on -computer that day? 2 ~-No. 3 SERGEANT I think I already asked you that, 4 but I wanted to just re-affirm that. 5 ~ -No, no. -came back --got there, 6 took his computer, and I never saw when it was left alone 7 again. But, again, I don't remember if I left shortly after 8 that or if I stayed until EOW. It's been a little bit of a 9 while now. 10 SERGEANT Have you been contacted by Tennant 11 at any time since this investigation was initiated? 12 13 ~-No. SERGEANT Okay. I think that's it. Officer 14 -I am ordering you not to communicate --oh, wait. 15 ~ -One second, Sarge. I have talked to 16 Tennant, completely like recreational stuff. Nothing to do 17 with this. But I want to be clear. 18 SERGEANT No, no, no. You know, I appreciate 19 that, I mean - I mean specifically, related to this? 20 ~ -He has not said a word to me about this, 21 but I have been in contact with him. 22 SERGEANT Good. Okay. That's what I was 23 referring to. Okay. I'm glad you put that out there. I 24 don't want -yeah. No. I totally understand. And that's 25 fine. I just wondered if there was any other communication 9 INTERVIEW OF: --PSU NO.: 2020-0050 from him regarding this specific? ~-No. 2 3 SERGEANT Okay. Thing that you and I are 4 talking about? All right. Cool. 5 Officer - I am ordering you not to communicate 6 with anyone regarding this investigation, other than me or 7 any person whom you have a confidential communication 8 privilege under California Statutory and Case Law, for 9 example, without limitation, attorney/client, IO physician/psychologist/patient, clergy/penitent. Failure to II follow this order may be deemed insubordination and result I2 in administrative discipline, up to and including I3 termination of your employment with the City of Huntington I4 Beach. Do you understand? I5 I6 ~-Yes. SERGEANT Okay. Can you circle "yes" and I7 initial? I8 ~-(CIRCLES AND INITIALS.) I9 SERGEANT All right. That's going to conclude 20 the interview and the time is 3:52 PM. 2I 22 23 24 25 (END OF INTERVIEW.) IO