Fargo Police Department Report On Pool Incident

FARGO POLICE DEPARTMENT
0512212Q1412:30
RThomas
REPORT
Summary
Print Date/Time: FARGO POLICE DEPARTMENT
ORI Number: ND0090200 Login.lD:
Case
CaseNumber: 2014-00009321
Location: 1840 15 AVE S
FARGO, ND 58103
Reporting Officer lD: 022 - Claus
Offenses
lncident Type:
Occurred From:
Occurred Thru:
Disposition:
Disposition Date:
Reported Date:
Medical Assist
0211812014 1O:58
0211812014 10:58
Closed lnvestigation
05122t2014
0211812014 10:59 Tuesday
Group/ORl Crime Code Description
MED ASST MEDICAL ASSIST
Subjects
Type No.Name Address Phone Race Sex DOB/Age
Location 1 FARGO SOUTH HIGH SCHOOL 1840 15 AVE S
FARGO, ND 58103
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Mentioned
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BLADOW, JEREMY RICHARD
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Mentioned
Mentioned
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Mentioned
Mentioned
Mentioned
Victim
Witness
Witness
Arrests
1
2
5 IRIBAGIZA, CONCESSA
6 RUKUNDO, GABRIEL
11 ROESLER, LYNN ERNEST
12 WETCH,JOSEPHA,JR.
21 KHAPANGI, BUDDHI
23 GHISING, MANGAL
1 NDERERIMANA,FREDERIC
ROESLER, KAREN M
BLACKMORE, JOSEPH
JEFFREY
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Arrest No. Name Address Date/Time Type Age
Property
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Code Type Make Model Description Tag No. ltem No.
Vehicles
051221201412:30
RThomas
Print Date/Time:
REPORT
Summary
ORI Number: ND0090200 Login.lD:
No. Role Vehicle Type Year Make Color License Plate State
Page: 2 of 55
Case Number: 20'14-00009321 . ORI: ND0090200
SYNOPSIS
Page: 3 of 55
Officer Libner called for an ambulance at South High for a male in the
pool. I responded with Officer Abel to assist. CPR was being done on a
male student, Frederic Ndereimana, who had been found in the deep end
of the pool during a class unresponsive. Ndereimana was transported to
Essentia by FMA.
Case Number: 2014-00009321. ORI: ND0090200.
NARRATIVE
Page: 4 of 55
Officer Libner requested an ambulance at South High in the pool area for
a male who had been found in the pool. Officer Abel and I responded to
assist. Sgt. Vinson also responded to the scene. Ambulance and Fire
were on scene when I arrived and were doing CPR on the male, identified
as Frederic Ndereimana. Officer Libner was also on scene assisting with
the CPR. Officer Abel and Sgt. Vinson were there when I arrived.
I spoke with Karen Roesler, the teacher of the swim class Ndereimana
was in when the incident occurred. Roesler was very upset. She told me
that she was teaching the class along with her student teacher, Joey
Blackmore, in the shallow end of the pool. Roesler said Ndereimana was
not a good swimmer. During the class some of the kids brought to
Roesler's attention that Ndereimana was in the deep end of the pool.
Roesler said they first tried to grab Ndereimana with the hook and could
not reach him, so Blackmore
jumped
in and pulled him out of the pool.
They began CPR immediately. Roesler said she did not think Ndereimana
was under water for more than 30 seconds before he was noticed.
Roesler said the pool had a rope with flags, designating the start of the
deep end of the pool. ! did see this rope in place.
Ndereimana was transported by FMA to Essentia ER for treatment. While
I was there the family was brought in by Principal Bertsch and Officer
Cristie Jacobson arrived to assist with the family who speaks little English.
Ndereimana was put into the ICU and his status in not known at this time.
See other officers' supplements.
suP001 02n8n4 SANDERS
Page: 5 of 55
14-9321, SANDERS
SUPOOl
I
On02l18114a, Sgt. Mathew Sanders, assisted in this investigation. I
interviewed Jeremy Bladow. Jeremy is the daytime assistant engineer for
Fargo South High School. Jeremy said he is responsible for the
maintenance of the swimming pool.
Jeremy said he tested the chemical balance of the swimming pool
after the
first responders left with the victim. The chemical balance was within
normal levels.
Jeremy provided me with the log book he uses to record the date, time and
results of the chemical tests he runs on the pool. Detective Mark
Voigtschild took photos of the log book and test results.
Jeremy conducted a test of the pool while we were there and Detective
Voigtschild photographed the process.
Jeremy said the results were at
normal levels.
Jeremy said after the first responders left with the victim, he mopped up the
area where the CPR had taken place.
th
SUP002_02 I 19 12014_Libn er
Page: 6 of 55
14-9321, Libner
Supplement 002
On 211812014,1 SRO Libner, was working at Fargo South High School. At
the time of the incident, I was observing students in the commons area of
the school. At approximately 1 100 hours, I heard over my school hand
held radio, the secretary state they needed help in the pool. There was no
other information. Myself, and proctor Rob Wilson began heading to the
pool area.
Upon arriving to the gym, I was met by other administrative staff members
and I heard someone requesting the AED. I began running to the pool and
along the way, radioed to dispatch to have an ambulance sent to the
school pool.
Rob Wilson and I entered the pool area at the same time and observed
the Phy Ed teacher, Karen Roesler, performing CPR on a black, male,
student. I could observe a reddish foamy liquid flowing out of the victim's
nose and mouth. At that time someone arrived with the AED. Because the
victim was laying in a puddle of water I told Roesler and Wilson we
needed to move him to a dry are. I asked Roesler if there was a suspected
head or neck injury as I could see a lot of blood under the victims head on
a white towel. Roesler stated there was no back, neck or head injury that
she was aware of. Roesler did say she had at one point felt a pulse on the
victim and she asked me to attempt to find a pulse. At that time, we pulled
on the towel the victim was laying on to a dryer area. Rob Wilson started
attaching the AED while I continued the CPR that Roesler had started.
Once the AED was attached, we stood back while it analyzed the victim.
The AED advised not shock and to continue CPR. I continued performing
chest compressions on the victim. The victim had a continuous flow of red
foamy liquid exiting his nose and mouth. The school nurse, Shawn
Schmidt, and Rob Wilson, attempted to get rescue breaths into the victim
with a mask and hand pump, but the continuous flow of liquid from the
victims nose and mouth made it seem impossible.
At about that time, Officer Abel arrived on scene. I continued with chest
compressions. A second time the AED analyzed the victim. We stood up
and stood back while the AED analyzed. The AED advised no shock and
to continue CPR. I continued chest compressions.
At about that time, other emergency services personnel from the fire
department and FM Ambulance arrived on scene. Officer Abel took over
on chest compressions. I observed FM Ambulance personnel
tending to
the victim. While the victim was being cared for, myself, firefighter Krueger
and Officer Abel switched off on chest compressions. The entire time, the
victim continued to have the pink foamy liquid exiting his nose and mouth.
Eventually, FM Ambulance personnel
made the decision to transport the
victim to Essentia Hospital. CPR was continued on the victim the entire
time he was moved from the pool
,
to the gurney, and finally the
ambulance.
At that time, I went back to the pool area and began helping to clean up
garbage and bio-hazard items.
That consists of my involvement of this incident. Please see other officers
supplemental reports for further details. End report.
klp
Page: 7 of55
Case Number: 2014-00009321. ORI: ND0090200
SUPO 03_ 02 I 19 I 2014_5 ka lic ky
Page: B of 55
14-9321
Skalicky
Supplement 003
WITNESS: BLACKMORE, JOSEPH JEFFREY
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WITNESS:
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WITNESS:
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On February 18, 2014 l, Det. Skalicky was contacted by lnvestigations
Supervisor Sgt. Sanders in reference to a
juvenile
male who was
unresponsive and possibly
had drown at the Fargo South High School
swimming pool during a swim class.
Sgt. Sanders and I went to the scene and were briefed on the incident by
Fargo South School Resource Officer Wes Libner in this case, as well as
school staff to include the Principal.
We were informed that the victim, who is a new American black male, who I
willidentifybythefirstnameofFredericofFargo.HisaddressisE
lwas informed that Frederic
had been removed from the scene and was transported to Essentia Health
and that Officer Cristie Jacobsen with the Fargo Police Department had
went to the hospital to speak with Frederic's parent(s).
During the course of the briefing, we were informed that there were two
instructors in the pool attending to approximately 26 students in the pool
area to include that of victim Federic. The instructors were identified as
Phy Ed instructor Roesler, as well as a student teacher from NDSU,
identified as Joseph Blackmore.
After being briefed, Sgt. Sanders and Det. Voigtschild went the pool area to
take photos
and gather any evidence left in the pool area. I spoke with
Blackmore in an interview room, inside the office area at Fargo South.
I first had Blackmore provide me with some additional information, as far as
what his responsibilities at Fargo South were. Blackmore informed me that
he was currently an NDSU Sth year student and that part
of his duties was
to student teach at different school and that this was going to be his overall
sixth day at Fargo South for student teaching. He said that he was
assisting Phy Ed instructor Roesler during period 4A. I was informed
during the briefing that Period 4A was Freshman, 9th graders, in the
pool
area and that the class began at approximately 10:32 AM.
Blackmore informed me that the class begins about 10:32 and that
students are to change and then shower. They proceed into the pool area.
He stated the first activity for the students was approximately a 5 minute
partner
exercise where individuals will partner
up and throw rings to the
bottom of the pool in the shallow end of the indoor pool. The partner would
then go down and retrieve the rings from the bottom. Blackmore stated
during this time of the class there was nobody allowed in the deep end, all
activities were taking place in the shallow end, which is approximately 4
feet 6 inches to 5 feet. He stated that after approximately 5 minutes of
the partner exercise, they then began front and back stroke skill test. He
stated again this skill test for front and back stroke was completed in the
shallow end of the pool and at this time no activities were being completed
in the deep end of the pool. Blackmore stated that there were groups of
approximately three people
at a time and that according to the list provided
of the students during period 44, I was informed that they went from the
alphabet beginning at w and then proceed
upwards, meaning that victim
Page: I of 55
Frederic would have possibly
been in the second or third grouping of
students.
Blackmore stated that
just prior to the class beginning, he did speak with
Frederic, who seemed happy and indicated to Blackmore that he was doing
fine. He stated that he believes Frederic got into the pool somewhere
around the 10:35 AM period timeframe and then again the partner test was
approximately 5 minutes and then they skill test proceed
and lasted
between 8 to 10 minutes.
We asked Blackmore, at any point and time, if he had ever instructed
students that were not good swimmers, as Blackmore indicated that
Frederic is not a good swimmer, that he struggles even doing the back and
front strokes but believes that the students are instructed that if they are not
good
swimmers that they are not allowed to go into the deep end of the
pool and that this would have been either the first or the second day of
class. However, Blackmore stated he never actually witnessed Phy Ed
instructor Roesler tell the students that directly.
He states that the rest of the students were completing the skills test part of
it. He states that at one point and time he overheard a female student, who
heidentifiedasEyellingtoRoeslerthatFredericwasat
the bottom of the pool in the deep end. Blackmore stated he left his area,
which was furthest away from the deep end area, on the very end of the
shallow end. He proceeded over to where Karen was at, which was on the
other side of the pool but still in the shallow end and proceeded to go over
there, at which time Blackmore states Roesler provided him with a pole that
had a hook on it. Blackmore states he knew that he could not reach
Frederic with the pole, therefore he threw the pole in the water and dove in
and got Frederic from the bottom of the pool. Blackmore stated that he is
not himself a very good swimmer but indicated that he grabbed Frederic
and brought him towards the middle of the pool
over by where the 5 foot
mark is so that he could touch and help get Frederic out of the pool. He
states that once at that area they then got Frederic out of the pool
and onto
the side, the edge of the actual pool area. He states at that point and time
Roesler began CPR and other faculty from Fargo South arrived and
assisted. Blackmore stated that at one point and time he did try and find a
pulse on Frederic. He stated he did get a pulse
off and on on Frederic and
also indicated at one point
and time Frederic was moving his head back
and forth, from side to side. He states other than that there was no signs
Page:10of55
that Frederic was conscious or was attempting to breathe on his own at any
point and time.
After speaking with Blackmore, I then had Fargo South Faculty attempt to
getaholdofparentsofbothwitnessesDaSWellaS
-inattemptsformetospeaktothemsincelwasinformedduring
the briefing thatlwas the person who got Roesler's attention in
reference to Frederic being at the bottom of the pool and that there were
two other students in that same area asJwas and those were
identified asJand-
The first person I interviewed after Blackmore wasl
-statedthatshewasactuallythefirstpersontodotheskillstest.
She indicated that she's a rather good swimmer and that they used her for
demonstration for the students of how to do the front and the back stroke.
She stated after her skill test was done she then proceeded to get out of
the pool and went to the locker area, where she retrieved some swimming
gear,suchasfloatationdevicesandsomeotheritems.-stated
thatshethenwentbacktothepoolandgotintothepool.-
stated she never really remembered seeing victim Frederic at any point and
time, didn't really pay much attention. She states that she was in the
middle of the swimming pool but on the other side of the rope, making her
more in the deep end of the pool. She states that she then overheard both
Iandlyelling
something at Roesler about Frederic being at
thebottomofthepool.-statedthatshedidnotthinkthat
Roesler heard them, at which time she screamed at Roesler to get her
attention.
e
stated that she didn't actually physically be the first
person to see Frederic at the bottom of the pool but then when she saw
bothJand-yellingandshecouldoverhearthemsaying
something about Freddie being at the bottom of the pool. She then looked
over and could see someone at the bottom of the pool, in the deep end.
She states that's really the only stuff she had as far as information goes.
Again she stated she never really saw Frederic swimming. Didn't see him
cross the rope at and that really the first time she saw that day was after
the incident occurred, when she discovered that it was Freddie at the
bottom of the pool in the deep end.
lthenspokeWithIjustbriefly.-informedmethathewas
actually completed his skill test as well. He stated that he completed his
skill test and that he and his friendJwere kind of splashing around
Page:11 of55
after their skill test was completed and that they were in the shallow end at
the time. They then agreed that they would go to the deep end so that they
could race. He stated that they got across the other side of the rope into
the deep end area on the same side of the pool of where Roesler was at.
He stated that they splashed around for a couple of minutes and that
-statesthatJthenlookedoverboththeirshouldersandsaw
something at the bottom of the pool in the deep end. They then looked
again, they thought maybe it was
just
somebody driving down that had
completed their skill test and that they were
just
driving down to touch the
bottom or to get something off the bottom. They stated the person never
came back up so then they did a little more investigating and went over and
tried to get the person off the bottom of the pool but were unsuccessful.
Istates
that after attempting to get Frederic off the bottom of the
pool, they attempted several times to get a hold of Roesler or get her
attention, but again it was very noisy in there and they don't think Roesler
heard them right away and stated at that point and timeJfinally
got Roesler's attention and finally got assistance to Frederic.
I then spoke withJbriefly who did clarify and confirm the stories from
-and-Jtoosaidhefinishedhisskilltestandthat
he was actually in the same group as Frederic. He stated that he last saw
Frederic in the middle of the shallow end swimming around. He states that
he andJthen proceeded
over to the deep end, over in the same
area where Roesler was at, and they were talking and splashing each other
for a minute or two. He states that when they saw something at the
bottom of the pool in the deep end and learned that it was Frederic.
-
states that again they attempted to get Roesler's attention but were not
successful and finally they went over and they were attempting to try to get
Frederic off the bottom of the pool after they realized it was him. They tried
this three to four times.
Idescribed
this as grabbing his ankle area
and pushing
off the bottom of the pool butJstates that all they could
really get him up to was about halfway up the surface and again they tried
this a few times and finally they realized they couldn't do it and they
attempted or tried to get Roesler's attention in reference to Frederic being
in the deep end and drowning.
Eandlall
indicate that afterthe incident
happened, they did state that they saw Blackmore dive into the pool and
get Frederic off the bottom of the pool and once that occurred they were
Page: 12 of 55
instructed to get out of the pool
and then eventually sat up on the bleachers
until someone escorted them out through the girls locker room area.
I askedJandlif Frederic had any friends that they know of or
close friends in the class. They did state that they believed that he hung
out with a guy by the name of Mangal, possibly that of Ghising or a Bootie
Khatangi, but again none of them could really tell me who his partner was
during the partner
exercise and indicated that they really never paid much
attention to who had partners and whose partner was whose.
I was informed bylthat he believed that another student he identified
asIpossiblyDinthiscaSe,whoisalsointheclassmay
possibly have additional information and possibly may have seen Frederic
swimming around in the shallow end prior to them finding him in the deep
end.
At this time there is no additional information (inaudible) School Resource
Officer Libner in attempts to identify or attempts to interview the other
students that have yet to be interviewed and witness Roesler, the Phy Ed
teacher, has not been fully interviewed in reference to this case and that
will be done at a later dated.
End of supplement.
lmg
Page:13of55
Case Number: 2014-0000932'1. ORI: ND0090200.
SUP004 0211912014 Libner
Page: 14 of 55
14-9321, Libner
Supplement 004
on2l19l2014,l,SRoLibner,conductedaninterviewwithfa
student at Fargo South High School. I was asked by Detective Skalicky to
do an interview withJas Detective Skalicky learned yesterday in his
interviews with other students at Fargo South High, thatJmay have
information relevant to this investigation. lt should be noted, prior to
speaking withJl spoke with his Step Father, Jeremy Biel. I
informed Jeremy why I wanted to speak withJand he stated he and
Imother
had talked about it the night before, and I was welcomed
to speak withJ
I pulledJout of his 7th period class and asked him to come down to
my office. I interviewed-in my office with the door to my office open,
and I informedJl had spoken with his step-father prior to speaking
withf
I askedlto tell me what he observed yesterday during phy en class
in the pool.Istated he was in the shallow side of the pool.-
said he had
just
finished his swim test in the shallow end, and was
standing in about the middle of the shallow end.Jstated, Freddie,
(the victim) had
just
finished his test as well and was walking from the
Northwest corner of the pool towards the middle of the pool where the
rope was at that divides the pool
between the deep end and the shallow
end.-said he turned to give Freddy a High Five for completing his
test. Once they got done giving each other the high five,Isaid he
continued standing in the same general area and was facing the North
end of the pool.Isaid he believed after the high five, Freddy
continued walking towards the rope.Isaid he stood in the same
approximate area, facing the North for about 3-5 minutes, when he heard
another student,Iyell to Mrs. Roesler, the Phy Ed teacher, that
something was wrong with one of the students.
Isaid
he turned around and he could see Freddy was in the deep
end of the pool,
at the bottom, towards the Southwest corner of the pool,
not moving.Istated Mrs. Roesler ran over to the area, observed
Freddy in the pool and then retrieved the life saving pole to try and get
Freddy out.Istated at that time, the student teacher, Joey
Blackmore, took his shirt and shoes off and
jumped
in the pool.I
said Blackmore pulled Freddy up, swam over to the east edge of the pool
towards the middle of the edge, and Blackmore and Roesler pulled Freddy
out of the pool.Isaid Roesler immediately started checking Freddy
and began CPR.Istated he could see foam coming out of Freddy's
mouth and it appeared there were a couple times whenlcould see
Freddy breathing.
Istated
Freddy was not a very good swimmer, and had a difficult
time staying above water.Istated although Freddy finished his swim
test, he does not know if Freddy passed his test as he had a lot of trouble.
Istated
he was surprised if Freddy was over near the rope as it gets
deeper there and it is slippery there as well.Istated the only kids he
saw in the deep end of the pool werel-andn
Isaid
there were other students over near the middle of the pool, by
the rope, along the east side, where the swim test began, waiting to take
the test.
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Page:15of55
Case Number: 2O14-00009321. ORI: ND0090200.
SUPOOs O2/2II2OI4 VOIGTSCHILD
Page:16of55
14-9321, VOIGTSCHILD
SUPOOS
On 2118114,1, Detective Mark Voigtschild was requested to come to Fargo
South to assist in the investigation of an accident which had occurred in the
pool of the school.
Upon arrival, l, met with Sgt Mat Sanders and Detective Jason Skalicky in
the office of the school.
Sgt Sanders, Otficer Wes Libner and myself went to the pool area. I was
asked to photograph the pool area. As I entered the pool area I could see
that the main lights in the pool were off. The pool area was being mostly
illuminated by the windows to the room and some auxiliary lights.
I could see that there was a pole with a hook on it in the bottom of the pool
and a pair of swimming goggles on a table beside the main entrance door
on a table.
I could not smell any strong odors or anything in the air which concerned
me. I could see that the floor around the pool in areas appeared wet, but I
did not see anything that was concerning.
As I was photographing the pool Gladow came out of a door to this room
and mentioned that he had tested the chemicals in the pool. Gladow
indicated that he had done this in the mechanical room.
Gladow told me that there did not appear to be anything off on the chemical
levels. Gladow had a log book for the pool which I photographed. This had
the testing logs for the pool and Gladow told us that they tested the pool
regularly and said the pool was also tested by an outside agency.
I photographed the mechanical room which had the chemicals inside of it.
Gladow told us that this is where the chemicals would mix. I did not see
anything in this room which was readily concerning.
I asked Gladow about the lighting during the incident and he told me that
the lights had been on during the incident. Gladow did turn the lights back
on for me in the pool. The room then became a bit more illuminated and I
photographed the pool area with the lighting which would have been on
Case Number: 2014-00009321. ORI: ND0090200. Page: 17 of 55
during the incident.
Sgt Sanders had told me where School staff were thought to have been
standing during this incident. These photos where the staff were at are
identified as photo 19-26. These photos are shown prior to the room being
illuminated as it was during the incident. Photos 71-79 are photos taken
once the lights had been turned on matching the lighting conditions during
this incident.
We asked Gladow to test the pool in our presence and we photographed
the results of those tests. Gladow indicated that there was nothing
concerning about these tests.
Sgt Sanders assisted me in measuring the pool itself and the pool is 43'3"
wide by 75' 112" long. I also measured the distances on the pools markings
indicating the depth of the pool, see photos for details.
There was some debris that was found on the bottom of the pool. This
debris was hairs, a band aid and a hair tie. There did not appear to be
anything of concern from the items taken from the pools floor.
See other supplements.
SUP006 0212412014 Libner
Page:
'18
of 55
14-9321, Libner
Supplement 006
on2l24l14,l,SRoLibner,condUctedaninterViewwithEa
freshman student at Fargo South High School, that was in the pool Fitness
For Life class on 2l18l14 during the fourth period class.
My interview withJwas recorded and prior to speaking with
Il
received permission from his mother, over the phone, on
2t21t14.
Istated
once he and everyone was changed for class, all the
students got into the pool and Mrs. Roesler explained the swimming test
to them they were going to take.Jstated students would swim
freestyle from the rope, along the east side of the pool in the shallow end,
to the NE corner of the pool, and then do backstroke along the north side
of the pool to the NW corner. Students not testing were to wait in the
shallow end, along the West side of the pool.
Itshould be noted, while lspokewithlldrewthe pool on a piece
of paper identifying the shallow end separated from the deep end by a
rope, the bleachers, and where the teacher Mrs Roesler was standing as
well as the student teacher, Mr. Blackmore, during the test.Istated
he was in the shallow end, on the west side, watching students test, as he
had not tested yet.Iobserved
Freddy, the victim in this report, take
his test butlwas not sure if Freddy finished it.-said he
saw Freddy, on the shallow side of the rope, in the middle of the pool
more towards the east end. Freddy began freestyle swimming,
horizontally, towards the west side of the pool, along the rope.I
stated he observed Freddy and noticed Freddy had made his way under
the rope to the deep side while swimming towards wherefwas.
Isaid
he saw Freddy pause
to take a breath and saw his head
above the water.Isaid he had his goggles on and he went under
water to swim.Isaid when he came back up, he could not see
Freddy any longer.Isaid he went under water and saw Freddy
along the bottom of the pool, a few feet from the rope, on the deep side.
Isaid
Freddy was not moving.Isaid he yelled to Mrs.
Roesler.Isaid Mrs. Roesler went a grabbed something to help
Freddy, and then Mr. Blackmore came running around the pool to the East
side and
jumped
in to go after Freddy.Isaid Mr. Blackmore pulled
Freddy over to the east side of the pool and Mrs. Roesler started CPR on
him.Isaid after about 30 seconds, he observed blood and stuff
coming out of Freddy's mouth.
Iestimated
from the time he saw Freddy under the water to the
time Mr. Blackmore pulled him out, it was less than 30 seconds.-
stated the only other student he saw in the deep end of the pool was
IIwho
was hanging onto the side of the pool, in the deep
end, on the west side. Other studentslsaw in that area wereJ
Jand[Endreport.
Page:
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of 55
suP007_ 02 I 2 4 |2014_LIBNER
Page: 20 of 55
14-9321, LTBNER
SUPOOT
on2l24l14,l,SRoLibner,conductedanintervieWWithE
regarding this investigation.Iis a Fargo South High School freshman
who was in the pool for Fitness for Life class on the day this incident took
place. On 21211141 spoke withJmother over the phone and
obtained permission from her to speak withl
During my interview withJhe corroborated the events at the
beginning of the phy
ed class that day. students got changed and headed
out to the pool. He corroborated that Mrs. Roesler and Mr. Blackmore were
there and Mrs. Roesler informed the students of the swim test students
were going to take that day and how the test would be performed.-
corroborated other interviewees statements about where Mrs. Roesler and
Mr. Blackmore were standing outside of the pool during the test.
Istated
he was in the first group of testers as Mrs. Roesler started
from the end of the alphabet.Istated he finished his test and was
swimming in the deep end of the pool, as good swimmers were allowed to
be over there once they were finished with their test.Istated prior to
things happening, he was swimming back to the shallow side of the pool
and he observed Freddy, the victim, swimming under the rope to the deep
end side of the pool. ! had drawn a picture
of the pool on a sheet of paper,
and when laskedJwhere he was in comparison to where he saw
Freddy, he drew a mark less than half way across the pool,
closer to the
east side of the pool, but near the middle.Isaid he was closer to the
east side of the pool, and Freddy would have been toIleft as
Iwas
swimming to the north end of the pool.
Itried
to estimate the amount of time, and said it was two and a harf
to four minutes later, after he saw Freddy swimming by him, that he heard
another student yelling that Freddy was in the pool not moving.Isaid
Mrs. Roesler then ran to get the pole to pull Freddy out and when she
realized she could not reach him, Mr. Black more had
jumped
in the pool.
Mr. Blackmore pulled Freddy to the east side of the pool at the rope.
Isaid
they pulled Freddy out of the pool and Mrs. Roesler stated
doing CPR on Freddy right away.Isaid Mrs. Roesler told Mr.
Blackmore to go call the office.Iestimated it was about 40 seconds
from the time he heard a student saying Freddy was in the water to Mr.
Blackmore pulling Freddy out of the water. End report.
Page: 21 of 55
SUP0 08_ 02 I 2 5 / 2014_Ja co b s en
Page:22 ol 55
14-9321
Jacobsen
Supplement 008
MENTIONED: CONCESSA IRABAGIZA
MOTHER OF VICTIM
MENTIONED:
On Tuesday, February 18, 2014 at approximately 11:30 AM, l, Officer
Jacobsen was contacted by Sgt. Vinson requesting my assistance with a
possible
drowning at South High. ! was informed that the student was
being transported to Essentia Hospital and that the family would be going
there as well. A few minutes later, after I arrived on scene at the hospital
and spoke with Sgt. Vinson, who informed me that the student was a
refugee, that as the Cultural Liaison Officer, Sgt. Vinson thought I might be
able to assist the family.
When I walked into the emergency room I was lead to a private family
waiting room where the mother of the student, Concessa, the brother
-the
nephew of the victim, Fargo South ELL Social Worker, the
hospitals Chaplain and a doctor were all present. lt should be noted that
l'm very familiar and often work closely with the school's ELL Social
Worker. lt should also be noted that I was familiar with the family as I had
worked with them and their case manager from Lutheran Social Services
on initial arrival educational information, prior to this incident.
lnitially the hospital was not able to locate a Tigrinya interpreter to speak
with the family so this school social worker contacted a local interpreter that
was often utilized by the schools and that interpreter agreed to come to the
hospital right away.
While waiting for the interpreter to come, I contacted Lutheran Social
Services and requested a staff member come to the hospital in order to
assist their clients in this very difficult situation.
Throughout the next several hours, the family received regular updates to
Frederic, who was the victim, his condition from various medical staff. At
the same time the service providers present were attempting to assist the
family with meeting any of their needs and answering their questions if they
had any.
Frederic, the victim, was later moved up to the 4th floor lCU and the service
providers attempted to develop a plan for the family because of their lack of
English, lack of transportation and overall lack of cultural understanding as
to what was happening. A list of service providers available to assist the
hospital with the transportation and translating for the family was developed
and given to the hospital staff.
It should also be noted that at this time Concessa, the mother of the victim,
gave the hospital's chaplain permission
to release the student's condition to
the school.
Throughout the next two days I stopped up regularly to check on and off
and offer support to the family. As the family had mentioned to me that
they appreciated that I did this. During those visits little conversation was
actually had, however, at one point, while speaking to the family, at the
request of Lt. Vettel. I spoke to the family on the subject of media release
and if the family had decided to release Frederic's name to the public. It
should be noted that the family was very confused and no real
understanding on what was being asked of them and was not overly
familiar with our news and reporting system. However, LLS staff attempted
to explain this to them and the family stated that they would think about it
Page: 23 of 55
and after discussing the situation with trusted community member, they
would get back to me the following day.
On Thursday I returned back to the hospital to check on the family and see
if a decision had been made pertaining to the media announcement and
the family was not in the mood to discuss it and I did not press the issue.
Frederic had had a medical set back the night before and the family was
noticeably concerned and still ovenruhelmed and confused. However,
during this time both Concessa, Federic's mother, andJFrederic's
brother, were asking LLS staff and me why the Principal and teacher were
not here at the hospital helping to support the family, which would be
customary in their culture. At this time we attempted to understand what
was customary in the Congolese culture. Afterwards I told Concessa that I
would relay her opinion to the appropriate school staff.
Following this meeting I went to Fargo South and spoke with the Principal
and relayed to him, at Concessa's request, her cultural opinions of the
situation. At this time I also learned that certain members of the school
staff were planning to meet with the family that evening, to which I was
invited to attend. ln the end, the meeting did not go well, the family was
totally confused about the situation and communication did not go
smoothly.
On Friday, February 21, 2014, at approximately 1 1 :00 AM, I went to
Concessa's home at the request of Det. Skalicky, requesting the family sign
off on a medical release form for Frederic for the purpose of this
investigation. I went to the home with the assistance of an LSS Tigrinian
interpreter and explained our request to Concessa and why. I was also
very clear that this request was optional. Concessa stated that she
understood and agreed to allow the Police Department access to Frederic's
medical records and also to allow Det. Skalicky to photograph Frederic if
necessary for this report.
It should be noted that Concessa does not read or write in any language so
her signature on the medical release form consists of an X. This should be
consistent with the additional forms that she would have been signing for
the hospital as well.
End of supplement.
lmg
Page:24 ol 55
SUP009 02/2512014 Libner
Page: 25 of 55
14-9321, Libner
Supplement 009
on2l25l14,l,SRoLibner,condUctedanintervieWWith-
regarding this investigation. Prior to speaking withll had phoned her
mother Memorie Rencountre on 2121114 obtaining permission to speak
withJ
Jcorroborated
other students' statements of how class started.I
explained how Mrs. Roesler explained the test to students, and where
students needed to be during the test.Idid say that Mrs. Roesler
informed the students if they were good swimmers they could swim in the
deep end but if the people who were not good swimmers needed to stay in
the shallow end.Jsaid she has heard Mrs. Roesler in past classes
instruct some of the poorer swimmers to stay in the shallow end.Jsaid
she did not hear any Mrs. Roesler tell anyone that, on the day Freddy was
taken out of the pool.
Icorroborated
statements other students made as to where Mrs.
Roesler was standing during the class and where Mr. Blackmore was
standing.
lstated
she was not in the pool as she and two other girls,I
Iand[were
all sitting on the west side of the
pool, in the bleachers, toward the north end of the bleachers.lstated
she never saw anything as she and the other girls were visiting.Jsaid
she had kind of heard someone yell for Mrs. Roesler, butJdid not
know what was going on until she saw Mr. Blackmore
jump
into the pool.
Jstated
she saw Mr. Blackmore and Mrs. Roesler lift Freddy out of the
pool
and immediately Mrs. Roesler began CPR. End report.
SUPO1O O2I25I2OI4 LIBNER
Page: 26 of 55
14-9321, LTBNER
SUPOlO
On 2125114, l, SRO Libner, conducted an interview withII
regarding this investigation.Iis a freshman student at Fargo South
High School that was in the pool during this incident. Prior to speaking with
-l
did get permission from her mother, Amanda Harding, on 2121114
over the phone.
Icorroborated
facts from other students of how the beginning of
class started.Istated Mrs. Roesler told students if they were strong
swimmers, they could go into the deep end and the students that were not
strong swimmers were to stay in the shallow end.
Istated
she never took her test, as she was at the bottom of the list,
and she waited in the shallow end in the area where Mrs. Roesler told the
kids to wait to take their test.Jstated she did not see Freddy prior to
him being pulled out of the water.Istated she was going under
water practicing.Istated when she came above water at one point,
she heard some boys yelling to Mrs. Roesler that someone was in the
water.Istated she saw Mrs. Roesler start working to get Freddy out
of the water.Istated Mrs. Roesler had told the kids to get out of the
water.Istated her back was turned, getting out of the water and
when she turned around, Mr. Blackmore, Mrs. Roesler and a couple
students were lifting Freddy out of the water.Istated Mrs. Roesler
immediately began administering CPR to Freddy. End report.
SUPO 1 1_2 126 I2OI 4_SKALICKY
Page'.27 of 55
14-9321
SKALICKY
SUPPLEMENT O1 1
MENTIONED:
ROESLER, LYNN
HUSBAND OF WITNESS KAREN ROESLER
WETCH, JOSEPH A. JR.
SERKLAND LAW FIRM
e
-
e
ATTORNEY FOR SERKLAND LAW FIRM
On Thursday, February 20,2014,1, Detective Skalicky, went to 415 4th ST
N in Fargo which is the Fargo Public School District Office. I went to this
location to interview witness Karen Roesler. Also present in the interview
was Karen's husband Lynn Roesler as well as the Fargo Public School
District's Attorney Joseph Wetch Jr. who works for Serkland Law Firm. The
interview was recorded via my digital recorder and has been downloaded to
this case file.
I began by informing witness Karen in this case who is an instructor at the
Fargo South High School. Karen is a Phy-Ed lnstructor and on this specific
date of February 18 of 2014 she was teaching what they call Fitness for
Life which is a 9th grade Phy-Ed class. The period was period 4A and
began at 10:32am. Karen advised me that she has been part of the Fargo
Public School District for approximately 30 years. She stated that she had
taught at various schools in the Fargo Public School District however she
has been at South for approximately 25-26 years. Karen stated that she
has mostly been involved in Phy-Ed classes but has taught Health in the
past as well and that she has a masters in Education. I briefly spoke with
Karen about her certifications for lifeguard and as a Phy-Ed instructor. She
did inform me she has certifications through Red Cross for lifeguard
training, WSI which is Water Safety lnstructor certification as well as CPR
and AED instructor certification. She also informed me that she is an
instructor for CPR and AED.
At the beginning of the interview I commented and informed Karen that I
would be referring to the victim in this case last name Ndereimana first
name Frederic that I would allow her to refer to him as a name that she
referred to him as as a student. She said she referred to him as Freddie.
From there on she referred to victim as Freddie throughout the interview.
Karen stated that on the date of the incident again February 18 of 2014,
Karen stated that she has no first period class. She states that during her
2nd period class at the beginning of it she woutd have a couple student
again which are 9th grade Phy-Ed class also Fitness for Life class that she
would have a couple students
jump
into the pool that are good swimmers
and would take the rope across the pool that divided the deep end of the
pool from the shallow end of the pool.
She also indicated that on the south
side of the rope she would place orange cones on both sides of the pool,
both the east and west sides of the pool and then proceeding that also into
the deeper end is what she called the banner that is hanging above the
pool itself and that again is on the south side of the cones therefore the
rope that she had indicated she had students string across from the east to
the west side of the pool was actually more in the shallow end of the pool
and was on the north side of the red lines which were indicating the
beginning of the deep end of the pool. lt should be known that this pool
ranges from 4ft6in deep which is the shallowest side of the pool all the way
to 12ft which is the deepest end of the pool. The shallow end 4ft6in is on
the north side and the 12ft part of the pool is on the south side of the pool.
The entrance to the pool area is on the east side which is the double doors
that come from the gymnasium into the pool area and there are bleachers
on the west side of the pool.
She stated that on this specific date of the incident again period 44 begins
at 10:32am the students in her class which are 9th graders would go into
the locker rooms and change into their swim gear and also shower. She
estimates that most students were in the pool on this date approximately
10:37am about 5 minutes after the class began. She states she was the
first person in the pool area. Not in the pool directly but on the outside of
the pool due to the fact that she is responsible for unlocking all the doors to
the pool for students to enter from the locker rooms. She states on this date
she did see Freddie come into the pool area and that when he entered the
pool area he entered into the pool from the northeast corner of the pool
where there is a ladder. She states that the kids would get used to the
water for approximately 5 minutes and that she then began what she called
Page: 28 of 55
a ring toss game where they had partners and they would throw rings from
the north end of the pool approximately into the middle of the shallow part
of the pool. She did mentioned that there were some kids that were
throwing the rings more towards the deep end of the pool from the north to
the south but that Freddie was not one of these students. She stated that
she would watch Freddie very closely because she knew Freddie could not
swim and she stated she never saw Freddie go even close to the deep end
during the ring exercise.
She stated that then there was another partner exercise where they would
just
swim in the shallow end of the pool to get used to the water and then
after that approximately 10:45-10:50am they began their testing phase
which was the front stroke and the back stroke. Karen stated that she
started from the end of the alphabet which would be
'w'
in this case which
wouldbestudentDandproceeduptothe.a,softhe
alphabet.Karenstatedthatshehadstudent-inthiscase
demonstrate the front stroke and the back stroke due to the fact that she is
aVerygoodswimmer.Karenstatedthatafterfdemonstratedthe
test she then began again withland began up in the alphabet. lt
should be known that Freddie in this case is approximately % of the way up
in the alphabet as his last name starts with the letter'N'.
Karen stated that this was the 6th day of the swimming class and indicated
that the first day of class she states was an instructional day. She stated
nobody was in the pool on this date that what she did was have the kids
stay in their street clothes and sit on the bleachers. She stated that all the
kids were sitting on the bleachers and she had a white board placed in front
of the cone and the rope area and would go over the do's and the don't's
which were written on the white board. She states that she would remove
the white board so that the students could view the rope as well as the
orange cones and she would talk about the deep end and the shallow end
of the pool as well as slippery surface as well as the slippery slope inside
the pool that separates the shallow end from the deep end. At one point in
time in the interview Karen got very emotional and indicated that a lot of the
students referred to her as the 'pool police' or the
'pool
Nazi' because she
was very strict on safety while the kids were in the pool.
Again, she stated then they did begin the testing phase.
She stated that
she as on the east side of the pool, more on the north side of the rope area
or the rope inside the pool and that Joey Blackmore, the student teacher in
Page: 29 of 55
this case, was on the north side of the pool. She stated the students would
start at the rope on the east side of the pool
but on the north side of the
rope and proceed to the north end of the pool and then proceed along the
north end from the east to the west and continued doing their testing. She
stated when Freddie began; Freddie actually did not begin his test at the
rope. He actually began it north of the rope and swam to the northeast
corner of the pool and then began along the north end of the pool
swimming for Blackmore from the east to the west. She stated that she
didn't really pay much attention to Freddie after he got to the northeast
corner of the pool
and that she stated that was Blackmore's time to watch
the swimmers go from the east to the west side of the pool. She stated that
she really was not really testing Freddie in this case due to the fact that she
knew that he really could not swim but stillwanted him to know that she
was watching and that they were watching him. She states that all the other
students continued testing.
She thought that they got to approximately the
'D's
of the alphabet in this
case at which time she stated she was notified by bothlas well as
Iin
this case that there was somebody at the bottom of the pool in the
deep end. Karen stated that she remembers saying
'who
is it' at which time
bothJandltold her that it was Freddie. She stated she knew
Freddie could not swim and did not see him moving. She stated she
immediately yelled for Blackmore and from the time she was notified of
Freddie being at the bottom of the pool till Blackmore retrieved Freddie
from the bottom of the pool and got him to the side of the pool and got him
out of the pools was approximately 30 seconds. She stated she wanted to
clarify that in the initial report narrative she indicated that she did not think
that Freddie was under water more than 30 seconds. She stated she was
referring to from the time that she was notified that he was under water to
the time that he was removed from the pool was approximately 30
seconds. She is unsure how long he was under water prior to her being
notified.
She states that Blackmore
jumped
in the pool. She stated she knew that he
would be the only one to be able to remove Freddie from the pool because
she knew Freddie as being a muscular type of student, very dense and that
Blackmore was a much better swimmer than her and that is why Blackmore
jumped
into the water and removed Freddie from the pool.
She stated
when Freddie got to the side of the pool with the assistance of Blackmore
Freddie was face down in the water. She states she did not remember
Page: 30 of 55
seeing Freddie wearing any goggles
but states that he may have been
wearing a tank top which she states she allows him to wear on occasions.
She stated once Freddie got to the side of the pool she helped with the
assistance of Blackmore removed Freddie from the pool and placed him on
the edge of the pool on the eastside of the pool approximately right around
the rope area and immediately began CPR. She states she did not see any
signs of bleeding or injury from the head but did state that he was foaming
at the mouth and the nose. She stated at one point in time they checked for
a pulse and they did get a slight pulse therefore she put Freddie in what
she called the recovery position. They then checked for a pulse again and
there was no pulse so she put him back into the CPR position. She stated
she attempted to do mouth to mouth but because of the foam coming out of
the mouth it was not working.
She also stated that she thought that when she saw Freddie in the pool
prior to him being removed she thought he was more towards the banner
area which is
just
on the south side of the orange cones more on the slope
part of the pool where it goes from the shallow to the deep end and not that
close to the south side of the pool as indicated originally by Blackmore. She
also indicated that at no time within the last 6 days of swimming has she
ever seen Freddie go towards the deep end and has never seen him
hanging onto the wall in the deep end. She did state that any time he got
close to the rope area of the pool
or the deep end she would tell him that it
was too deep. She indicated that his comprehension was very poor and low
and he had very limited English. She also indicated at one point in time that
she thought he struggled to catch on even when something was
demonstrated to him.
Again the interview with Karen was downloaded into this case file.
aaw
Page: 31 of 55
SUP0 1 2_ 02 I 26 I 2014_Ja co b s en
Page: 32 of 55
14-9321
Jacobsen
Supplement0l2
l, Officer Cristie Jacobsen previously
supplemented this police report and in
that supplement is an error. !n my previous supplement I stated that the
family's native language is Tigrinya and that is not correct. The family's
native language is Kinyirwanda.
End of supplement.
lmg
Case Number: 2014-0000932'l . ORI: ND0090200
SUP013 0212612014 Libner
Page: 33 of 55
14-9321, Libner
Supplement 013
On2126114, l, SRO Libner, conducted an interviewwithll
regarding this investigation.Jis a student at Fargo South High
School and was in the Fitness for Life class on the day of this incident.
Prior to speaking withJl did obtain permission from his mother, over
the phone, on 2121114.
During my conversation withJhe corroborated many statements the
previous students provided.Jhimself was not participating in swim
class that day, and sat in the bleachers, on the north end, on the west side
of the pool.Jstated he did see Freddy, the victim, take the swim test,
but after that, he was not paying any attention to what Freddy was doing.
Jstated
the only time he noticed Freddy after his swim test, was that
he heard someone say there was a person under the water, and when
they pulled him out,
Jsaw
it was Freddy.Isaid when he heard
someone yell there was a person under the water,Jcould see a
person in the middle of the deep end.Jsaid Mrs.Roesler grabbed a
pole to get Freddy out and then Mr. Blackmore
jumped
in the water and
pulled him up and out of the pool.Isaid he saw Mrs. Roesler doing
CPR on Freddy andJcould see foam coming out of Freddy's mouth.
Jsaid
people continued doing CPR. I askedJif there was
anything else he thought I should know and he said no. That ended my
interview with
JEnd
report.
SUP014 0212612014 Libner
Page: 34 of 55
14-9321, Libner
Supplement 014
On2126114, l, SRO Libner, conducted an interviewwith-
-regardingthisinvestigation.IisaStudentatFargo
South High School who was in the Fitness for Life class on 2118/14 when
this incident occurred. Prior to speaking withll did obtain
permission from her mother, over the phone, on 2126114.
Iwas
in the class that day but was not participating.Iwas
sitting in the bleachers with a couple other girls,
on the west side of the
pool, towards the north end of the bleachers.Istated she did
remember seeing Freddy, the victim, bobbing up and down in the water, in
the shallow side of the rope.Idid not see the point at which Freddy
went under the water and not come back up.Istated when she
heard one of the students yell someone was under the water, she stood
up in the bleachers and could see someone in the water.Istated
she observed Mrs. Roesler try to reach Freddy with the pole and then Mr.
Blackmore, the assistant teacher,
jump
in the pool and pull Freddy out.
Isaid
Freddy was on the deep side of the rope, near the middle.
Istated
Freddy was closer to the rope than the diving boards, and
closer to the east side of the pool than the west side.
Jstated
once
Freddy was pulled from the pool Mrs. Roesler immediately began CPR.
Istated
Mrs. Roesler had told all the kids to get out of the pool.
I askedlif she had anything else she thought I should know and
she stated no. That ended my interview. End report.
SUPOls 2126/2014 SKALICKY
Page: 35 of 55
14-9321
SKALICKY
SUPPLEMENT 015
On today's date, Wednesday, February 26,2014,1 was asked a question in
reference to this case of whether or not the victim Freddie in this case was
present during the instructional day prior to any students from period 44
entering the pool. According to the witness and instructor Roesler in this
case an instructional day was given on the very first day of class which
would have been on February 10 of 2014. The question that was raised
was whether or not victim Freddie in this case was present on the day of
the instructional day for period 44 for the Phy-Ed class at Fargo South. I
sent the information or the request to SRO Libner in this case as Fargo
South to advise whether or not Freddie was present and whether or not he
was absent or in class on this date. Libner responded that on Monday,
February 10 it showed that Freddie was in class period 4A on this date.
aaw
SUP016 02127/2014 Libner
Page: 36 of 55
14-9321, Libner
Supplement 016
On2127114, l, SRO Libner, conducted an interviewwith-I
and her sister,-Iregarding this investigation. Bothf
and-are students at Fargo South High School and both were
present in the Fitness For Life class on 2118114 in the Fargo South High
School pool when the incident in this investigation occurred. Prior to
speakingwithJand-!didreceivepermissionfromtheir
parents, on2125114. BothJandJspeak very broken up
English and their parents speak even less English. Therefore, to obtain
permission to speak with them, I utilized an interpreter/para professional at
Fargo South High School. His name is Damber Subba. I requested
DambercontactJand-parentstoobtainpermissionforme
tospeakwithJand-Dambersuggestedhedoitforme
since he speaks their language and personally knows the families of
Iand-as
well. I also utilized Damber during my interview
withJandlto ensure they understood why I was speaking
with them and what my questions were.
Bothland-corroborated much of the same information I had
obtained from other students. BothJandlwere in the pool
with that day, in the area of the NE corner of the pool, close to where
students would be once they finished the swim test. BothJand
Istated
Mrs. Roesler provided instruction to the class on how the
test would take place and where students should wait of be in the pool,
depending on their swimming abilities.
-did
not remember seeing the victim, Freddy, until he was pulled
out from the pool.Istated she did remember seeing Freddy take his
swim test, but did not see Freddy after that until he was pulled out from
the pool. BothJandlsaid as soon as Freddy was pulled
from the water, Mrs. Roesler began CPR on Freddy.
I asked both girls if they had any information they thought I should know,
and both answered with a no. At that time I ended my interview with both
girls. End report.
klp
SUP017 0212812014 Libner
Page: 37 of 55
14-9321, Libner
Supplement 017
on2l28l14,l,SRoLibner,conductedaninterVieWWithn
regarding this investigation.Iis a student at Fargo South High
School and was in the Fitness for Life class in the pool at Fargo South
High School on the day this incident occurred. Prior to speaking with
-l
did obtain permission from his mother, over the phone, on
2t21t14.
Jstated
he was in class that day and was in the pool.-
corroborated much of the information other students had previously
provided.Ildid
say Mrs. Roesler did tell the class that strong
swimmers could go to the deep end and swimmers not as good needed to
stay in the shallow end while waiting to take their test or after they have
tested.Jstated he was in the pool, waiting to take his test, by the
rope, in the deep end.Jstated he did not see Freddy, the victim in
this report, take his test nor doesJremember seeing Freddy
swimming around.Jstated there were two boys swimming around in
the deep end and he then heard them tell Mrs. Roesler there was
someone at the bottom of the pool.
-said
Mrs. Roesler tried to use
the pole to reach Freddy but the pole was too short, so Mr. Blackmore
jumped
in and pulled Freddy out.Isaid he was instructed to go tell
someone, solwent and told Mr. Hendrickson.Istated he went
back into the pool area.
I askedlwhen the boys in the deep end said someone was at the
bottom of the pool, if he turned and saw where Freddy was at.Isaid
he did and Freddy was at the bottom of the pool in the deep end, right
where the slant in the bottom of the pool ends. I askedJif there was
anything else he could think of that I should know and he said no. At that
time I ended the interview.
klp
SUP0 L 8_02 128 I 2014_Libn er
Page: 38 of 55
14-9321, Libner
Supplement 018
on2l28l14,l,SRoLibner,conductedanintervieWWithm
regarding this investigation.Iis a student at Fargo South High
School and was in the Fitness for Life class, in the pool, at Fargo South
High School, the day this incident occurred. Prior to speaking withf
I did obtain permission from her mother, over the phone, on 2121114.
Jstated
she was in the pool that day in class.Icorroborated
much of the information previous students had mentioned.Jdid say,
Mrs. Roesler did tell kids in the beginning of the swimming unit, that strong
swimmers could swim anywhere in the pool and those who could not swim
as well needed to stay in the shallow end.Jsaid Mrs. Roesler
repeated this several times the day the swimming unit began, as there are
students that could not swim well.Jdid not remember hearing Mrs.
Roesler say it the day of this incident.
Jstated
she did not recall seeing Freddy at anytime other than after
Mrs. Roesler had been notified by two boys that there was someone a the
bottom of the pool in the deep end.Jsaid the two boys who said this
were
J
and
J
(referring to
E
and
IIwho
both have already been interviewed in this investigation by Detective
Skalicky).
Istated
she observed Mrs. Roesler try to get Freddy out of the pool
with the pole
and when she realized the pole was too short, she told Mr.
Blackmore to
jump
in and get Freddy out.Jstated when they pulled
Freddy out, they immediately began administering CPR on Freddy.
I askedJif there was anything else she though might be important or
that I should know about and she said she could not think of anything. At
that time I ended the interview withJ
klp
suP019 03t09/20t4 WHITE
Page: 39 of 55
14-9321
WHITE
SUPPLEMENT O1 9
On 3-8-2014 l, Officer Jessica White was asked to go to Essentia Hospital
and take photos of a male who had passed away. The male was involved
in an incident at South High in the swimming pool at an earlier date.
I took photos of his body and logged them into Laserfiche. I also made a
copy of the photos, burned them on a disc, and dropped a copy of it off with
a copy of the report at Hanson Runsvold on 3-8-2014 to be delivered with
the body to autopsy.
tdb
SUP020 03110/2014 Libner
Page: 40 of 55
14-9321, Libner
Supplement 020
On 3/101141, SRO Libner, conducted an interview with--
regarding this investigation.Jis student at Fargo South High
School and was in the Fitness for Life class on 2118114, the date of this
incident.Priortospeakingwith]ldidobtainpermiSSionfromher
mother to speak with her.
lnspeakingwith-manyofthedetailsweretheSameasstudentsl
had previously
spoken with .Iwas not participating in the
swimming that day and was seated in the bleachers, on the West side of
the pool during class.
Istated
she did not see Freddy, the victim in this investigation, prior
to him being discovered under the water.Istated the first time she
knew to look towards the deep end was when she heard Mrs. Roesler yell
to Mr. Blackmore that Freddy was in the water. I askedJif she had
heard the boys that had been reported to be in the deep end yell to Mrs.
Roesler andlstated she did not heard any boys yelling.J
stated when she saw Freddy under the water, he was on the deep end
side of the rope, a little past half way in the pool, closer to the east side,
on the slant of the pool. This is according to whereJpointed to me,
on a sketch of the pool in my office, on a tablet of paper.
Istated
she observed Mr. Blackmore
jump
into the pool, pull
Freddy out of the pool on the East side of the pool by the rope, and then
Mrs. Roesler began CPR on Freddy.
I askedJif there was anything else she thought I should know or
that she wanted to share with me and she said no. At that time I ended my
interview with
I
End report.
klp
SUPO2L 03ll0l20l4 Libner
Page: 41 of 55
14-9321, Libner
Supplement 021
on3/10l14l,SRoLibner,GondUctedaninterviewWithE
School and was in the Fitness for Life class on 2118/14, the date of this
incident. Prior to speaking withJl did obtain permission from his
mother over the phone to speak withl on 2121114.
ln speaking withJhis remarks about that day are the same as the
other students regarding how class started.Istated he is not sure
why, but he ended up taking his test right after Freddy, the victim in this
case.Jstated he watched Freddy finish his test and Freddy started
swimming towards the area where kids were suppose to go after taking
their test and thenJstarted his test.Istated it took him about
a minute to finish his test. Once he was done, Mr. Blackmore told him to
go to the area kids were suppose to go when they were either done with
their test or waiting to take it.Istated he had probably been
simmering for about two minutes when he heard the commotion of Mrs.
Roesler yetling to Mr. Blackmore that Freddy was under water. After that,
Imade
similar statements as previous student. He observed Mr.
Blackmore
jump
in and pull Freddy out of the water, and Mrs. Roesler
began CPR on Freddy.
I askedJif there was anything else he thought I should know about
or details we missed and he stated no. At that time I ended my interview
withJEnd report.
klp
S UP02 2_ 03 I l0 I 2014_Lib n er
Page: 42 of 55
14-9321, Libner
Supplement 022
On 3/101141, SRO Libner, conducted an interview with--
incident. Prior to speaking withJl did obtain permission over the
phone from his mother, on 2121114.
I speaking withJmuch of his details were the same as
previous
students interviewed.Iwas in the pool that day, but did not see
Freddy swimming prior to Freddy being pulled from the water by Mr.
Blackmore.-had
just
finished his swimming test in the Northwest
corner of the pool when things started to happen.Istated the same
as other students as far as Mrs. Roesler attempting to use the pole to
retrieve Freddy from the water, and Mr. Blackmore
jumping
in and pulling
Freddy over and out on the east side of the pool near the rope. Mrs.
Roesler began CPR on Freddy.
I askedJif there was anything else he thought I should know or
questions he had for me.Iasked me if itwas true Freddy had a
medical condition and a seizure, and I replied that I had no information on
Freddy's medical condition and I had not been informed of any seizure.
-did
not have anything else, and at that time I ended the interview.
End report.
klp
SUPO23-3 / IO 12014_SKALICKY
14-9321
SKALICKY
SUPPLEMENT 023
After getting a medical release form signed by the victim Frederic's mother
in this case and issuing the medical release document to Essentia Health
on or around March 3,2014,1 received several pages from the medical
documents from Essentia Health. The items that I received were both
doctors' notes regarding the victim Frederic's condition as well as during
his entire stay at Essentia Health from the incident that occurred February
18,2014 at Fargo South School. Again, there are several pages that were
given to me by Essentia Health to include some photos and again doctors'
statements as well as labs that were taken during Frederic's stay at the
hospital. All of these documents will be scanned in to this case file. ! did
just glance at the doctors' note from the date of the incident and passed
that date of incident and did not notice anything in the doctors' notes
indicating that there were any prior or any signs of injury to Frederic that
may have possibly led to the drowning at the Fargo South Public School.
Again, these documents will be scanned into Laserfiche.
aaw
Page: 43 of 55
SUPO24_3 I IO I2OI4
_SKALICKY
Page: 44 of 55
14-9321
SKALICKY
SUPPLEMENT 024
On Saturday, March 8,2014,\ate afternoon, I, Detective Skalicky, was
contacted by Sergeant Chris Helmick with the Fargo Police Department.
Sergeant Helmick advised me that the victim in this case, Frederic, had
just
passed away at Essentia Health. I also was contacted by Sergeant
Sanders here at the Fargo Police Department as well in reference to
Frederic's status and that he had
just passed away. An autopsy was
ordered by the Cass County Coroner in this case and Frederic's body was
transported to Grand Forks. A preliminary autopsy report did come in and
will be scanned into this case file and again this is on victim Frederic,I
Iin
this case. The preliminary cause of death indicates that there
was multiple system organ failure, cardiopulmonary arrest resuscitated and
near drowning in swimming pool. Again it is still considered an accident and
that is pending investigation based off the final autopsy results. A copy of
the preliminary autopsy results will be scanned into this case file.
aaw
SUP02 5_ 03 I ll / 20 l4_Libn er
Page: 45 of 55
14-9321, Libner
Supplement 025
On 3/1 11141SRO Libner, conducted an interview withlla
student at Fargo South High School.Jwas present in the Fitness for
Life Class on 2118/14, the date of this incident. Prior to speaking with
-l
attempted to obtain information fromJmother, but was
unable to get a hold of her after numerous phone calls. On 3/1 1114,1
spoke withlasking her how I could get a hole of her mother so I
could speak withllsaid she talked about it with her mother and
her mother said it was no problem for me to talk withJ
During my conversation withJthe beginning was similar to the same
details as previous students.Jstated she had taken her swim test and
was swimming around near the rope in the shallow end.lstated she
did see Freddy, the victim in this case, holding onto the side of the pool, in
the deep end on the east side of the pool.Isaid she didn't think too
much of it and continued to swim.Jstated there were two other boys
in the deep end that she remembers.Jsaid that was all she saw until
she heard the screams that Freddy was under water.Jsaid she
looked and could see Freddy under water, on the deep side of the rope,
about one third the width of the pool from the east side of the pool.J
said she saw Mrs. Roesler try to get Freddy with the pole but the pole was
too short. Mr. Blackmore then
jumped
in and pulled Freddy out.Jsaid
Mrs. Roesler began performing CPR on Freddy and after a short time,
lsaid
she could see foam coming out of Freddy's mouth.
I askedJhow long she thought it was from the time she saw Freddy
holding onto the deck on the east side of the pool, in the deep end, until
Mr. Blackmore pulled him out of the water.Iestimated 3 to 5 minutes.
I askedlif there was anything else she thought I should no, and she
stated no. I asked her if she had any questions and she stated no. At that
time I ended my interview withJEnd report.
klp
SUP02 6_ 03 I 12 I 2014_Lib n er
Page: 46 of 55
14-9321, Libner
Supplement 026
On 3/1 2114 l, SRO Libner, conducted an interview with Buddhi Khanpangi,
a student at Fargo South High School. Buddhi was in the Fitness for Life
class on 21181143, the date of this incident. Prior to speaking with Buddhi,
through the use of an interpreter, I obtained permission to speak with
Buddhi from one of Buddhi's relatives.
During my conversation with Buddhi, he informed me he was in the pool
on that day. Buddhi reiterated much of what other students stated about
how class started. Buddhi stated he had finished his test and was
swimming around near the North West corner of the pool, where he
finished the test. Buddhi stated the only time he saw Freddy, the victim in
this case, was when Freddy was in the shallow end, near the center of the
shallow end talking to another student. Buddhi stated the other student
was Mangal Ghising. Buddhi stated he remembered there were a couple
boys swimming in the deep end but does not remember seeing Freddy
over there. Buddhi stated the next time he saw Freddy was when Mr.
Blackmore pulled Freddy out of the water.
I asked Buddhi if he saw Freddy in the water, under the water, prior to Mr.
Blackmore pulling him out and Buddhi stated no, because he did not have
goggles on to go under the water. I asked Buddhi if he heard people tell
Mrs. Roesler Freddy was under the water, and Buddhi stated yes he has
heard two boys telling that to Mrs. Roesler.
I asked Buddhi if there was anything else he thought I should know and he
stated no. At that time I ended my interview with Buddhi.
It should be noted, Buddhi speaks broken English. I did have an
interpreter with me to ensure Buddhi understood my questions and that l
understood his responses. End report.
SUP02 7_ 03 I 12 I 2014_Lib n e r
Page: 47 of 55
14-9321, Libner
Supplement02T
on3/12l14l,SRoLibner,conductedaninterviewWithm
regarding this investigation.Iwas in the Fitness for Life class on
thedateofthisincident,2l18l14.Priortointerviewing-lobtained
permission
to speak with her, from her mother, over the phone on 2121114.
-statedshewasinthepoolthatdayandWaSoneofthefirstkids
to have taken the swimming test.Istated after her swimming test
she was wading around in the shallow end of the pool, where the kids who
were either done taking their test or waiting to take their test, were
instructedtobebyMrs.Roeslerpriortothetestingstarting'-
pointed on a sheet of paper, where I had drawn the pool area, to be the
northwest corner of the pool.
I askedJif she had seen Freddy take his swim test and she
stated no. I asked her if she had seen Freddy swimming anywhere in the
pool and she stated she briefly saw him in the middle of the shallow end.
Istated
she did not see Freddy after that nor did she see him
swimming anywhere else. I askedJif she saw where Freddy
was in the pool when it was made aware he was under the water, and she
stated no.
At that point I ended my interview withlEnd report.
SUP02 8_ 03 I t3 I 2014_Lib n er
Page: 48 of 55
14-9321, Libner
Supplement 028
On 3/1 3114 l, SRO Libner, conducted an interview with Mangal Ghising, a
student at Fargo South High School. Mangal was in the Fitness for Life
class on the day this incident occurred which is2l18l14. Mangal is 18
years old but speaks broken English. Therefore, I obtained permission
from a family member to speak with Mangal. I obtained this permission
through the use of an interpreter who spoke to Mangal's family members
for me.
During my conversation with Mangal, he stated he was in the pool that day
waiting to take his swimming test. Mangal corroborated information other
students provided, regarding where Mrs. Roesler and Mr. Blackmore were
during the test and where students were suppose to be when they were
not testing. Mangal stated he saw the victim in this case, Freddy, taking
his test before Mangal. Mangal stated he was over near the starting point
of the test, by the rope on the east side of the pool. Mangal stated he
never saw Freddy swimming after his test and when the commotion
started about Freddy being under the water, Mangal was still by the rope
in the shallow end on the east side of the
pool. Mangal observed Mrs.
Roesler try to use the pole to get Freddy out and then Mr. Blackmore
jumped
in and pulled Freddy over to the east side of the pool to where
Mangal was. Mangal stated he helped get Freddy out of the pool and
while Mrs. Roesler was performing CPR on Freddy, Mangal was holding
his hand until Mrs. Roesler told the students to get out of pool area.
I asked Mangal if he saw where Freddy was at in the pool prior to Mr.
Blackmore pulling Freddy out, and Mangal said no. I asked Mangal if there
was anything we had not talked about that he thought I should know and
he stated no. At that time I ended my interview with Mangal.
It should be noted, because Mangal speaks very little English, ! utilized an
interpreter during the interview. End report.
SUP029 03/14/2014 Libner
Page: 49 of 55
14-9321, Libner
Supplement 029
On 3/151141. SRO Libner, conducted an interview withII
regarding this investigation. Jamarr Love,Ifather, was also
present for the interview.-is a student at Fargo South High School
and was in the Fitness for Life class on2l1$l14,the date of this incident.
Iconfirmed
he was in the class that day and was participating in the
swim test.Jcorroborated that students were informed by Mrs.
Roesler they would be performing
a swim test, as well as the instructions
of how the test would be conducted and where kids were suppose to be
when they were waiting to take their test or done taking the test.J
also confirmed where Mrs. Roesler and Mr. Blackmore were during the
testing.
Istated
he had taken his test and was swimming around in the pool
like the other students.Istated the last time he saw Freddy, the
victim in this case, was when Freddy was swimming around near the rope
of the pool.Icould
not remember for sure what side of the rope
Freddy was on
,
the shallow end of the deep end.
Istated
he had climbed out of the pool and gone over to the closet
in the hallway, on the east side of the pool, to retrieve a football to play
with in the pool.Jsaid when he came out, there was commotion
going on andJsaw Mrs. Roesler and Mr. Blackmore using a long
pole
to try and get something out of the water.Jstates he then
looked in the water and saw Freddy at the bottom about in the middle of
the deep end.Istated he then heard Mrs. Roesler tell Mr.
Blackmore to
jump
in and get Freddy. Mr. Blackmore did.-said later
on in the interview, that at the time, he had been standing near Mrs.
Roesler.Istated Mrs. Roesler toldlto
jump
in the water and
help Mr. Blackmore with Freddy.-stated he did
jump
in the water,
but Mr. Blackmore had already pulled Freddy up and over to the east side
of the pool nearthe rope.Isaid Mangal Ghising and Mr. Blackmore
pulled Freddy out of the water and Mrs. Roesler began CPR on Freddy. At
that time,Jleft the pool area as the students were instructed to.
Case Number: 2014-00009321, ORI: ND0090200.
I askedlhow many kids he sawswimming in the deep end and he
sated two. I askedJif he could tell when he saw Freddy swimming
by the rope if he was swimming, bobbing up and down in the water or
playing and-stated he couldn't remember. At that time my
interview withJended.
Page: 50 of 55
SUP030 031t412014 Libner
Page: 51 of 55
14-9321, Libner
Supplement 030
on3/15l14l,SRoLibner,conductedaninterviewWithE
incident. Prior to speaking withll did call her mother and obtain
permission from her to speak withJ
Istated
she was in class that day and was participating in the
swim test.Jstated she was in the pool, atthe starting point of the
swim test, which is at the rope, on the shallow side of the rope on the east
side of the pool.Istated
she was about to start the test when the
commotion started.Isaid she heard someone was in the pool
under water, and she observed Mrs. Roesler trying to use the life pole to
get the person out.-stated Mr. Blackmore then
jumped
into the
pool and pulled Freddy, the victim, up and out of the water, with the
assistance of a couple of the boys in class.Istated she then got
out of the pool as instructed by Mrs. Roesler.Istated Mrs. Roesler
then started working on Freddy to get him to breath.Istated she
saw someone go and run to get help.
I askedlif she ever saw Freddy swimming around and she said
the only time she did was right after he had finished his swim test, and she
saw him in the northwest corner of the pool.Isaid
she didn't pay
any attention to him after that.
I askedlif she saw where Freddy was at when they yelled he was
underwater in the deep end.-stated she didn't see him until Mr.
Blackmore pulled him up.
I askedJif there was anything else that she thought I needed to
know and she said no. At that time I ended my interview withJ
End report.
Case Number: 2014-00009321. ORt: ND0090200.
SUPO31 O5I2II2OI4 SKALICKY
Page: 52 of 55
14-9321
SKALICKY
SUPPLEMENT 031
On Tuesday May 20,20141, Detective Skalicky received the autopsy final
report on the victim Frederic Ndererimana. The autopsy final report was
sent to me by Sarah Meyers who is the medical examiner in Grand Forks at
the Forensic and Autopsy services, (701) 777-2561. Meyers notes in her
final autopsy report that the manner of death in this case has been
declared as an accident. Meyers found no traumatic injuries during the
autopsy. The complications in reference to the near drowning event were
developed into complications and followed the direct result of the cardio
respiratory arrest due to the near drowning event which occurred on
February 18,2014.
A copy of this final autopsy report will be scanned into this case file.
tdb
SUP032 0512212014_Skalicky
Page: 53 of 55
14-9321
Skalicky
Supplement 032
Case Summary
On February 18, 2014 Sgt. Mat Sanders and l, with the Fargo Police
Department, were dispatched to the Fargo South High School indoor pool,
located at 1840 1Sth Avenue South for a medical assist.
The information that I received was that the victim in a possible near
drowning incident, identified as a 19 year old student by the name of
Frederic Ndererimana, had been located at the bottom of the deep end of
the indoor pool. CPR was administered on Frederic and upon our arrival
at Fargo South, Frederic had already been transported or was in the
process of being transported to Essentia Health for medical treatment.
Upon arrival at Fargo South and also with the assistance of Det.
Voigtschild, Det. Voigtschild and Sgt. Sanders went to the pool area and
took photos and measurements of the pool area, as well as met with one of
the schooljanitorial statf members there and took pool PH levels and
chemical levels inside the pool, which all fell within normal limits.
The photos that were taken by Det. Voigtschild have been downloaded to
this case file.
Officer Wes Libner, who is the School Resource Officer at Fargo South,
interviewed several students who were amongst the phy ed class that was
being conducted at the time of Frederic's drowning incident. All of these
kids were interviewed either by myself or Officer Libner and their
statements have been downloaded to this case file.
It did not appear during any of the interviews that there was any foul play
involved and a majority of the students never actually saw Frederic enter
the deep end of the pool. A majority of them had indicated that the last
time saw him, he was in the shallow end of the pool.
It should be noted that after speaking with the class instructor Karen
Roesler that she had informed me that Frederic was not a very good
swimmer and that he struggled with the skills test that being conducted on
this date. Karen also informed me during her interview that she instructed,
not only Frederic, but the rest of the class and students that were not good
swimmers that they were not allowed into the deep end of the pool and that
they needed to stay in the shallow end of the pool. This included
instruction prior to this class even beginning.
I was then informed on March 8,2014 that the victim, Frederic, had
succumbed to medical issues and was pronounced deceased at Essential
Health. The final autopsy was conducted by Sarah Meyers in Grand Forks,
ND and her manner of death was an accident. A copy of the final autopsy
report has been scanned into this case file and this case is going to be
closed.
End of supplement.
lmg
Page: 54 of 55
REPORT
Summary
ORI Number: ND0090200
tr
tr
tr
Print Date/Time: Q5122120'14 12:30
Login lD: RThomas
Routing:
US Attorney
LaserFiche Documents Exist
LaserFiche Documents - Not Sent
LaserFiche Documents - Sent
State Medical Examiner
Probation & Parole
Rape & Abuse
Juvenile Court
Social Services
City Attorney
States Attorney
Page: 55 of 55

Fargo Police Department Report On Pool Incident

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