Additional Request for Body/Dash Cam/Audio Footage & Reports - Incident at 121/I-35 - Eugene Irvin III on 4/14/2021

Gia C. filed this request with the Lewisville Police Department of Lewisville, TX.

It is a clone of this request.

Tracking #

P044292-061021

Est. Completion None
Status
In Litigation

Communications

From: DoNotConsent


To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

1. The REVISED and CURRENT version of the incident report stating probable cause for the arrest of Eugene Irvin III on 4/14/2021, Denton County Jail Inmate #709210, as of June 2, 2021.

2. Any and all revisions to the incident report made after the initial incident report created on 4/14/2021.

3. Body/dash camera and all audio footage of initial incident between Eugene Irvin III and Officer Sherwood which took place 4/14/2021 at the intersection of the 121 and I-35. In addition, I am requesting the dash cam footage and any audio footage from the officer who came to the scene and was a witness thereof, and who is listed as the "affiant" on the initial incident report - Officer Plybon. The request for "any audio" recordings is stated as such as a request as Officer Plybon says in his statement that his body camera "malfunctioned" and this footage is not available. This request is a REVISED 2nd request to the original request submitted on 5/07/2021 (REFERENCE NUMBER PO43903-051021) , after receiving the response by your department (on 5/17/2021) which provided the first initial incident report for probable cause only.

4. Official arrest report

Your department stated in the response to the original request on 5/07/2021 (REFERENCE NUMBER PO43903-051021) via a letter that accompanied the initial incident report that the footage requested was denied, and statement that the Lewisville Police Department was WITHOLDING all body/dash camera/audio footage, official arrest record and "other" - defined as photographs, other statements and supplements surrounding the incident that took place at the intersections of the 121 and I-35 between Mr. Irvin and Officer Sherwood. To confirm once again, the request is to show proof of an assault of Mr. Eugene Irvin - abrasive actions taken by Officer Sherwood, not documented in the incident report. Officer Sherwood entered the black Volkswagen Jetta Mr. Irvin was driving that evening unannounced minutes after their mutual conversation ended - where Officer Sherwood proceeded to grab Mr. Irvin by the neck and attempt to pull him out of the vehicle by force. This was after Mr. Irvin was given VERBAL CONFIRMATION by Officer Sherwood that he was NOT being detained. This information seems to have been conveniently left out of this report, and revised to include false statements by the bystanding officer in question, Officer Plybon, who is also the Officer identified as the"affiant" on the incident report(s).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

G Cozzie

From: Lewisville Police Department

RE: Our Reference No. P044292-061021
See attached response. DISCLAIMER: http://www.cityoflewisville. (http://www.cityoflewisville.com/index.aspx?page=905) com/index.aspx?page=905

From: Lewisville Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Lewisville Police Department

Letter attached re ruling from Attorney General's office

---------- Forwarded message ---------
From: Kathy Hageman <khageman@cityoflewisville.com>
Date: Tue, Jun 15, 2021 at 6:41 PM
Subject: Texas Public Information Act Request: Additional Request for
Body/Dash Cam/Audio Footage & Reports - Incident at 121/I-35 - Eugene Irvin
III on 4/14/2021
To: requests@muckrock.com <
requests@muckrock.com>

RE: Our Reference No. P044292-061021

See attached response.

--
DISCLAIMER: http://www.cityoflewisville.com/index.aspx?page=905
<http://www.cityoflewisville.com/index.aspx?page=905>

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