Fi STATE OF NORTH CAROLINA IG CvS5 aug In The General Court Of Justice Guitord County Superior Court Division INTHE MATTER OF CUSTODIAL LAW ENFORCEMENT AGENCY RECORDING SOUGHT BY. ae a PETITION FOR RELEASE OF a crop LAW ENFORCEMENT AGENCY Post Ofice Box 3136 lea RECORDING em Sa Greensboro, North Carona Ces. 132-40(0t)~ Person authorized to eoaveesclosue roe Fav (No ling Fee Aeptes) 336-373-2038 336.373.2505 Ro Ear ass {CVS Filing Fee Apples) Allen.Hunt@ereensboro-ne.gov |, the above-named petitioner, request the release of a custodial law enforcement agency recording to Gboro Police Com. Review B._ ‘Sate iat atleast some portion af the law enforcement agency recording was made inthis county, and further state the flowing. Tamara R. Figueron has appealed a decision by Professional Standards to the Greensboro Police Community Review Bowed, ‘The Board needs to review the recordings captured by the body worn camera worn by the Greensboro Police Officers involved in inedent_ The Board is requesting the release ofthe following recordings: The Body Worn Camera (BWC) recordings Saptuted by Police Officers Alvarez, Flynt, Chavez, Jonson and Flowers during te arrest ofthe minor child of Tamara R Figueros occurring on July 4, 2016 inthe area of Esst Friendly Avenue and North Davie Stret in Greensboro, North Caroling or Specifically the body wom eamera recordings included inthe Administrative Investigation UF2016-102, cll de and eoprvimate te of activi captured nh acral, oerse ely he ay wh paraery SuRGie To aly Wo recording tissue) CERTIFICATE OF SERVICE ON HEAD OF CUSTODIAL LAW ENFORCEMENT AGENCY | certiy that a fled copy of this Pettion was Served on te head of the custodial aw enfercoment agency as folows Personal Delivery Tey Regular Mal, US postage prepaia, addressed as follows: CERTIFICATE OF SERVICE ON DISTRICT ATTORNEY. {cert that fled copy of tis Petton was served onthe DisictAtorney as follows (on regured fer grea retwase Personal Deiivery Cay Regular Mail, US postage prepaid, addressed as follows: Pe, it a + AOC.CV.270, New 105, (© 2016 Administrative Offce ofthe CoursSTATE OF NORTH CAROLINA ™ 16 CVS 9489. In The General Court Of Justice GUILFORD County Superior Court Division IN THE MATTER OF ; ‘CUSTODIAL LAW ENFORCEMENT AGENCY ans Gi Fanoog RECORDING SOUGHT BY: =|, ORDER ON PETITION FOR RELEASE OF Allen Hunt “N/| ‘CuSTODIAL LAW ENFORCEMENT AGENCY res RECORDING Post Office Box 3136 Pros ssa) - Person sort rect cnee Js 122- 49 ~ Gora Sat Greensboro, North Carolina 27402 ‘This matter came before the undersigned Superior Court Judge fo determine whether release ofa law enforcement agenay recording ' warranted under Chapter 132 ofthe General Statutes. Following a hearing, the Court makes the folowing findings of fact and Conclusions of law: FINDINGS OF FACT ee 1, 0n__1221/2016__ (doe, the petitoner named above fled a petition for release ofa custodial law enforcement agency recording to, Greensboro Police Community Review Board 2 Peitione: B@served Cid not serve 2 copy of the the petton on the head ofthe custodial aw enforcement agency and the District Atomey. 3, The head ofthe custodial law enforcement agency [did C]id not give notice of the petition and hearing to all law enforcement agency personnel whose image or voice isin the recoraing and alsoto the head of each such person's employing agency, 4. Each person ented to be notified of this proceeding (was was not gen an opportunity tobe hear, either individually crby such person's designated representative, 115. The Court conducted an in-camera review of the recording on (ast. 6. The recording Biwes made [was made in some portion C]was not made in this county. 117 Request made pursuant to G.S. 132-1.40(01) ‘The Court determined thatthe person to whom release ofthe recording is sought te folowing (NOTE TO JUDGE: “Persona! representatives defined es parent, cour-appointed guardian, spouse, or atiomey of @ person whose nage {or oie is inthe recording. Ifa person whose image or wice I inthe recoring fs decease, the term also means the perscnalreposentatve of the estate ofthe deceased parson the deceased person's sunvng spouse, paren oad chit the deceased person's etre, or the parent or ‘usrcin ofa surviving minor chit ofthe eceased."G S. 132-1 486) ) C1 A person whose image or voies isin the recording, Zi A personal representative of an adult person whose image or voice i in the recording and the adult person has consented tothe disclosure C1 personal representative of 2 minor or of an adult person unde lawful guardianship whose image or voice is in the recording, C1 personal representative of a deceased person whose image or voice is in the recording, TF A personal representative of an adult person who is incapacitated and unable te provide consent to disclosure. C1 None ofthe above and The Cour considered the appicabilty fall ofthe standards in G.S. 132+1.4A() and determined the following G Release is necessary to advance a compeling pubic interest, D7 The recording contains information that is otherwise confidential ar exempt from disclosure or release under State or federal law (oe AOC-CV.271, New 10/6 (© 2016 Administrative Offce of ne Courts‘The person requesting release is seeking fo obtain evidence to determine legal issues ina current or potential cout proveeding Release would reveal information regarding & person thats of a highly sensitive personal nature. Release may narm the reputation or jaoparaize the safety ofa person. Release would create a serious threat to the far, impadial, and orderly administration of justice, Confentialty is necessary to protect ether an active or inactive internal or criminal investigation or potential internal or criminal investigation, ‘There is good cause shown to release all portions of a recording, ther (i apptcabi ee Bi &. Request made pursuant to G.S. 132-4.44(f) ‘The Petit considered the applcabliy of al of the standards in G.S. 132-1.4A\() and determined the following, Release is necessary to advance a compelling public interest. C1 The recording contains information thats otherwise confidential or exempt for disclosure or release under State o federal lew. C1 The person requesting release is seeking to obtain evidence to determine legal issues in a current or potential court proceeding, OF Release would reveal information regarding a person thats of a high sensiive personal nature. C1 Release may harm the reputation or jeoparcize the safety of a person, Release would create a serious treat tothe fer, impartial, and orderly adminstation of justice. O Confidentiality is necessary to protect either an active o inactive intemal or ciminal investigation or potential internal or criminal oo cooog 9a eaten ena st pono ot ecorg “epptcabe) CONCLUSIONS OF Law | eee In light of te foregoing findings of fact check one and wie name of erty authorized or net autheied to rebaee ofthe recording) ‘The Coutt concludes that Greensboro Police Department is authorized tothe release ofthe recording Cy The Cour concludes that Is not authorized to the release ofthe recorcing. ue ‘ORDER ane Its therefore Ordered that (check one) ation Granted: The custodial aw enforcement agency shal elase to Alen Hunt o show to PCRRB the flowing potions ofthe recording: stand new 2 poner ae obe releases). The Body Wom Carsera recordings captured by Greensboro Police officers Alvarez Flynt, Chavez, Johnson and Flowers during fe arrest ofthe minor child of Tamara kc Figueroa securing on July 4, 2016 in the ares of East Friendly Avenue and Noth Davie Stet in Greensboro, NC A] The court places tne folowing condtonsresictins onthe release of the recordeg: she recordings are provided only to Allen Hunt in his eapacity as Ex Secretary of PCRB and he is only allowed to show tothe members ofthe Police Community Review Board during their review ofthis matter and the recordings shall nol be dielosed or released o anyother person O Petition Denied: ‘The custodial law enforcement agency shall not release any portion ofthe recording to SIGNATURE OF SUPERIOR COURT JUBGE) “eiri [Bae ey ROT en OD OC.CV-274, Side Two, New 10/16 ©2016 Aaministratve Offce of he CoursSTATE OF NORTH CAROLINA PvS 4230 In The General Court Of Justice Guilford County Superior Court Division IN THE MATTER OF 7 CUSTODIAL LAW ENFORCEMENT AGENCY RECORDING SOUGHT BY: Peers PETITION FOR RELEASE OF nama CUSTODIAL LAW.ENFORCEMENT AGENCY Post Office Box 3136 . RECORDING Cin, Stale, Zo Mo Greensboro, NC 27402-3136 OGs. 132 |) = Persdin authorized to receive disclosure om a (No Fiing Fee Apoles) 336-373-2320 336-373-2078 Bde.s, 122-1440) Gonaral [Eman Adiees (CVS Filing Fee Applies) Rosets,Davidson@reensboro-ne. gov |, the above-named petitioner, request the release of a custodial law enforcement agency recording to City Attorney Tom Carruthers, slate that at least some portion af the law enforcement agency recording was made in ths county and | futher stato the folowing: Tamara Figueroa appealed a decision by Profesional Standards wo the Greensboro Police Community Review Board (Boa) Pursuant to court order, the Board previously reviewed the the recordings captured by the body-worn cameras of Greensboro Police ‘Officers involved inthe incident, in closed session. The Cty Council is now requesting he release ofthe following recordings to Tom Carruthers 1 be shown to City Council in losed session: The body-wor camera eeordings captured by Police Oficers ‘Alvarez, Flynt, Chavee, Johnson and Flowers during the arest ofthe minor child of Tumara Figueroa occurring on July 4, 2016, 8 the area of East Friendly Avenue and North Davie Sweet in Greensboro, NC or specifically the body-wor camera recordings ineluded inthe Administrative Investigation UF2016-102, ‘cae date and aporoximate tine of actly caplaredn Ue ecarg, or athernse Iertfy te acy wih paleuany sullen to ently he recording ative) CERTIFICATE OF SERVICE F CUSTODIAL LAW ENFORCEMENT AGENCY _ T erty tha a fled copy of this Peilion was served onthe head ofthe custodial law enforcement agency 28 flows Personal Delivery (C1By Regular Mail, US postage prepaid, addressed as follows: CERTIFICATE OF SERVICE ON DISTRICT ATTORNEY | = Tcertty hat fed copy ofthis Pettion was served on the Distt Atomey as flows (ny requted or general rtase {Personal Delivery {by Regular Ma, US postage prepaid. adresse as flows joa z Faiiaphye Sinaiye CZ, = ‘Ge. nde He ban cbaoe 0C-0V.270,New 16 2016 Aimstatve Ofc ofthe CoursSTATE OF NORTH CAROLINA aa 17cvs#230 P In The General Court Of Justice uitort con " TSipenor Cour Dion" IWTHE MATTER OF ou ge 20 P| F US CUSTODIAL LAW ENFORCEMEN a arpsiscer — RECORDING SOUGHT BY: ORDER ON PETITION FOR RELEASE OF Roseta Davidson CUSTODIAL LAW ENFORCEMENT AGENCY a ee RECORDING Post Office Box 3136 L Cas, 132-1.4x/e1) - Porson authorized to receive disclosure [Sm Sa Ze Greensboro, NC 27402 6S. 1321.44") = General This matter came before the undersigned Superior Court Judge to delermine whether release ofa law enforcement agency recording is warranted under Chapter 132 ofthe General Statutes. Following 2 hearing, the Coutt makes the following findings of fact anc conclusions of aw [TINDINGS OF FACT — 1. On___03/23/2017 (daa, the petitoner named above fied a patton fer release ofa custodial law enforcement agency recording to City Attomey Tom Carruthers to be shown to City Council in closed session 2.Pattioner [served C]did not serve 2 copy ofthe the petition on the head ofthe custocal iw enforcement agency and the District Attorney, 43, The head of the custodial law enforcement agency [did C]did not give notice ofthe pation and hearing to al iaw ‘enforcement agency personnel whose image or voce isin the recording and also othe head of each such person's employing agency 4, Each person enitled tobe nati ofthis proceeding [was [C]was not given an opportunity to be heard, ether indvidually ory such person's designated representative. (5. The Court conducted an in-camera review ofthe recorcing on (ote, 6. The recording Galwas made [was made in some portion (was not made inthis county (C17. Request made pursuant to GS. 132-1.4A(e1) “The Court determined thatthe person to whom release ofthe recording Is Sought isthe folowing (NOTE TO JUDGE: ‘Persona’ repesenaive"is dened as A parent, court-appointed guaran spouse, or atomey of person whose mage ‘or vole inthe recording. person whose nage or ace isin he recording is decease the tem also mens the person represenave of Ihe estat ofthe deceased perso: the deceased perso survg Ouse. parent. Or ea hit he decease persons attorney orth pant or ‘uardan ofa curving minor hid ofthe deceased." G.S, 152446)51) D Aperson whose image or voice sin the recording A persona! representative ofan adu person whose image or voice isn the recording and the adult person has consented tothe | disclosure (7) A personal representative of minor a of an adult parson under lawful guardianship whose image or voice is inthe coding, A personal representative ofa deceased person whose image or voice is inthe recording ©) A personal representative ofan adult person whois incapactated and unable to provide consent to disclosure C1 None ofthe above and ‘The Court considered the appicabity ofa ofthe standards in G.S. 132-1.4A() and determined the following: 1 Release is necessary to advance @ compelling public interest | Di The recorsing contains information tha is otherwise confidential or exempt rom disclosure or release under State or federal law } (oven AOC-CV.271,New 1076 | ©2016 Amina Ofes a he CourtsC1 The person requesting release is seeking to obtain evidence to determine legal issues ina current or potential court proceeding D. Release would reveal information regarding a person thats ofa highly sensitve personal nature, C1 Release may harm the reputation or jeopardize the safety of a person (1 Release would create a serious threat tothe far, impartial, and orderly administration of justice C Contidentiaiity is necessary to protect either an active or inactive internal or ciminal investigation or potential internal or criminal investigation. CJ There is good cause shown to release all portions of a recording C1 Other cr appicabiy 8, Request made pursuant to G.S. 132-1.4A(f) Recap seers ‘the applicability of al ofthe standards in G.S. 132-1.44() and determined the following: {lease is necessary to advance a compelling public interest. C1 The recording contains information that is otherwise confidential or exempt rom disclosure or release under State or federal aw C1. The person requesting release is seeking to obtain evidence to determine lgalisues in a current or potential cout proceeding. C1 Release would reveal information regarding a person that is of a highly sensitive personal nature. C1 Release may harm the reputation or jeopardize the safety of a person, C1 Release would create a serious treat tothe fir, impartial, and orderly administration of justice C1 Contidentaity is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal roe i gc one snow ace rae 1 Other if appticabie): ‘CONCLUSIONS OF LAW In light ofthe foregoing findings of fact. (check one and wie name of party authonized or not authorized to release of te recoding) [Hl The Court concludes that the Greensboro Police Department 's authorized to the retoase of the recording Ci The Court concludes that Is not authorized tothe release ofthe recording ORDER Ttis therefore Ordered that heck ane) [&] Petition Granted: ‘The custodial aw enforcement agency shal release to City Attomey Tom Carruthers the following portions of the recording: (ist and inca ia partons ae tobe released) The body-wom camera recordings captured by Greensboro Police Officers Alvarez, Flynt, Chavez, Johnson, and Flowers during the arestof the minor child of Tamara Figueroa oecurring on Jul 4, 2016 in the area of East Friendly Avenue and North Davie Street in Greensboro, NC Il The court places the following condtons/estrcions onthe release of the recording: The body-wom camera recordings are provided only to City Attomey Caruthers. [e is only allowed to show the recordings to members of City Coun in elosed session, The recordings shall not be diselosed or released to individual council members or any other person (See attached) C Petition Denied: The custodial law enforcement agency shall not release any portion of the recording to 1-20 FRIIS EE Hal! PSL AD AOC-CV271, Side Two, New 10/8 (© 2016 Adminisratve Ofice of the CourtsSTATE OF NORTH CAROLINA File No. 17 CVS 4230 Guilford County Order On Petition For Release Of Custodial Law Enforcement Agency Recording Rosetta Davidson, Petitioner. ORDER continued: The members of the Greensboro City Council may review and discuss the body-worn camera recordings in closed session. No councilmember shall discuss, comment on, or disseminate any content or depiction contained in the body-worn camera recordings in open session of Council meetings or to any member of the public. 4-20-17 Date Oe wil *. Pea Name of Superior Court Judge CY OA dego Signature of Superior Court Judge