Death of Capital Police Officer Brian Sicknick (Metropolitan Police Department)

This is an automated message from the DC Government FOIA system. Dear Christina Urso, Request Number 2021-FOIA-03804 has been assigned to the request you submitted in relation to: Request description: To Whom It May Concern:

Pursuant to the DC Freedom of Information Act, I hereby request the following records:

I hereby request any information, drafts, files, notes, memoranda, incident reports, after-action reports, audio, video or pictures pertaining to the death of Capital Police Officer Brian Sicknick.

I hereby request any information pertaining to injuries, medical treatment, hospitalization, cardiac arrest, autopsy report and/or notes, files, drafts, memoranda regarding the medical treatment and/or death of Capital Police Officer Brian Sicknick.

The subject of this request is now deceased any therefore any privacy issues are null and void. The family of officer Brian Sicknick has disputed press reports regarding the cause of death.

FBI Director Wray declined to disclose the cause of death.

I hereby request any information, internal reports, files, drafts, notes, audio, video, pictures and/or incident reports regarding an alleged suspect being identified per press reports, see https://www.cnn.com/2021/02/26/politics/fbi-identify-suspect-sicknick/index.html

I hereby request any emails, correspondence, files, drafts, notes, audio and/or memoranda regarding contacts with the press, and claims of officer Sicknick being bludgeoned to death with a fire extinguisher which now appear to be retracted.

To simplify this search, I am including the following media reports:

https://en.wikipedia.org/wiki/Brian_Sicknick

https://nypost.com/2021/03/02/fbi-director-wray-mum-on-officer-brian-sicknicks-cause-of-death/

https://www.cnn.com/2021/02/26/politics/fbi-identify-suspect-sicknick/index.html

https://townhall.com/tipsheet/bronsonstocking/2021/02/14/nyt-retracts-claim-that-officer-died-in-capitol-riot-one-day-after-failed-impeachment-n2584723

https://www.propublica.org/article/officer-brian-sicknick-capitol

https://thefederalist.com/2021/02/23/mother-of-officer-sicknick-says-media-got-her-sons-death-wrong-rejects-nyt-fire-extinguisher-story/

https://www.foxnews.com/us/capitol-riot-brian-sicknick-death-investigation-no-charges-autopsy-results-pending

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 15 business days, as the statute requires.

Sincerely,

Christina L. Urso

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ In all future correspondence regarding this request, please reference request number 2021-FOIA-03804. To check for status, please log in  https://foia-dc.gov/palMain.aspx and go to Request Status. For any questions regarding your request, please contact the FOIA office directly. Find the list of agency Open Governement and FOIA contact information by visiting FOIA Contact Information. For ease of reference, we ask that you have your FOIA Request Number available when you contact the FOIA office. (https://dc.gov/node/818962) Regards,
DC Government FOIA Portal Having technical difficulties? Email FOIA.SystemAdmin@dc.gov or call 202-478-5973

Dear Ms./Mrs. Urso, This office is in receipt of yourFreedom of Information Act (FOIA) request. Your FOIA request number is 2021-FOIA-03804and your assigned FOIA Specialist is LisaArchie-Mills. If you have any questions regardingyour request, please contact your assigned FOIA Specialist, who is included inthis e-mail. Be advised, due to thecurrent public health emergency, our office is working remotely and can bereached via e-mail. For ease ofreference, we ask that you have your FOIA Request Number available when youcontact our office. NOTE: Pu rsuant to D.C. Official Code § 2-532(c), there is a 15 business day statutory allottedtime, subject to the possibility of a ten (10) business day extension from thedate of receipt to respond to a FOIArequest. If your request is for BodyWorn Camera (BWC) footage, there is a 25 business day statutory allotted time, subjectto the possibility of 15 working-day extension from the date of receipt to respond to a Body Worn Camera (BWC) request. REQIESTFOR EXPEDITED SERVICE If you seek expedited service relating toyour FOIA request, please be advised, there is no provision or authority underthe District of Columbia Freedom of Information Act laws, to provide expeditedservice.  Therefore, your request will be processed under the provision ofthe D.C. Official Code §§ 2-531 et seq. Regards, Latrina Crumlin Staff Assistant Freedom of Information Act(FOIA) Office Metropolitan Police Department 300 Indiana Ave NW, RM 4153 Washington, DC 20001

July 30, 2021

Christina Urso
MuckRock News
Department MR 109730
411A Highland Avenue
Somerville, Massachusetts 02144
Phone: 617-299-1832
requests@muckrock.com<mailto:requests@muckrock.com>

RE: FOIA Request No.: 2021-FOIA-03804

Dear Ms. Urso,

This is in response to the above referenced Freedom of Information Act (FOIA) request for:

"...information, drafts, files, notes, memoranda, incident reports, after-action reports, audio, video or pictures pertaining to the death of Capital Police Officer Brian Sicknick. I hereby request any information pertaining to injuries, medical treatment, hospitalization, cardiac arrest, autopsy report and/or noes, files, drafts, memoranda regarding the medical treatment and/or death of Capital Police Officer Brian Sicknick...I hereby request any information, internal reports, files, drafts, notes, audio, video, pictures and/or incident reports regarding an alleged suspect being identified per press reports...I hereby request any emails, correspondence, files, drafts, notes, audio and/or memoranda regarding contacts with the press, and claims of officer Sicknick being bludgeoned to death with a fire extinguisher which now appear to be retracted.".

I have determined to withhold all records that may be responsive to this FOIA request under DC Official Code §2-534 (a)(3)(A)(i) and (a)(3)(B), which protects investigatory records compiled for law-enforcement purposes to the extent that the production of such records would interfere with enforcement proceedings. The material you seek is the subject of an open and ongoing criminal investigation; could interfere with enforcement proceedings by revealing the direction and pace of (the) investigation(s); lead to attempts to destroy or alter evidence; reveal information about potential witnesses who could then be subjected to intimidation as part of an effort to frustrate future investigative activities; place any witnesses in danger; and, could deprive a person of a right to a fair trial or an impartial adjudication.

Further, we were unable to locate a record of having received a waiver of privacy interests from any individual(s) who may be the subject of or otherwise identified within, or who may have a personal interest in the disposition of, such records. Absent authorization, and/or (a) privacy waiver(s), a release of such information under the FOIA would constitute an (a clearly) unwarranted invasion of personal privacy, and is exempt from disclosure pursuant to D.C. Official Code § 2-534 (a)(2) and (a)(3)(C). Such protected information includes names/personal identifiers and other personal privacy information, including that which would lead to the identity of individuals, the release of which would constitute an (a clearly) unwarranted invasion of personal privacy.

Please know that, under D.C. Official Code § 2-537 and 1 DCMR § 412, you have the right to appeal this letter to the Mayor or to the Superior Court of the District of Columbia. If you elect to appeal to the Mayor, your appeal must be in writing and contain "Freedom of Information Act Appeal" or "FOIA Appeal" in the subject line of the letter, as well as, on the outside of the envelope. The appeal must include (1) a copy of the original request; (2) a copy of any written denial; (3) a statement of the circumstances, reasons, and/or arguments advanced in support of disclosure; and (4) a daytime telephone number, an e-mail and/or U.S. mailing address at which you can be reached.

The appeal must be mailed to: The Mayor's Office of Legal Counsel, FOIA Appeal, 1350 Pennsylvania Avenue, N.W., Suite 407, Washington, D.C. 20004. Electronic versions of the same information can instead be e-mailed to the Mayor's Office of Legal Counsel at foia.appeals@dc.gov<mailto:foia.appeals@dc.gov>. Further, a copy of all appeal materials must be forwarded to the Freedom of Information Officer of the involved agency, or to the agency head of that agency, if there is no designated Freedom of Information Officer there. Failure to follow these administrative steps will result in delay in the processing and commencement of a response to your appeal to the Mayor.
Regards,
Bob Eckert
FOIA Specialist
Freedom of Information Act Office
Metropolitan Police Department
Robert.eckert@dc.gov<mailto:Robert.eckert@dc.gov>
"Excellence is transferable."

This is an automated message from the DC Government FOIA system. Dear Christina Urso, The status for your request is below. Please log into https://foia-dc.gov/palMain.aspx and go to Request Status. If you have any questions regarding the status of your request, please contact the agency's FOIA office that you had submitted your FOIA request to. You can communicate directly with the FOIA office by clicking on Inbox, search the request number, and then click Compose Message. OR, visit to see a list DC Government FOIA Office’s/officer’s contact information and have your Request ID ready. (https://dc.gov/node/818962) Contact FOIA Office Request status: Closed Request ID: 2021-FOIA-03804 Description: To Whom It May Concern:Pursuant to the DC Freedom of Information Act, I hereby request the following records:I hereby request any information, drafts, files, notes, memoranda, incident reports, after-action reports, audio, video or pictures pertaining to the death of Capital Police Officer Brian Sicknick.I hereby request any information pertaining to injuries, medical treatment, hospitalization, cardiac arrest, autopsy report and/or notes, files, drafts, memoranda regarding the medical treatment and/or death of Capital Police Officer Brian Sicknick.The subject of this request is now deceased any therefore any privacy issues are null and void. The family of officer Brian Sicknick has disputed press reports regarding the cause of death.FBI Director Wray declined to disclose the cause of death.I hereby request any information, internal reports, files, drafts, notes, audio, video, pictures and/or incident reports regarding an alleged suspect being identified per press reports, see https://www.cnn.com/2021/02/26/politics/fbi-identify-suspect-sicknick/index.htmlI hereby request any emails, correspondence, files, drafts, notes, audio and/or memoranda regarding contacts with the press, and claims of officer Sicknick being bludgeoned to death with a fire extinguisher which now appear to be retracted.To simplify this search, I am including the following media reports:https://en.wikipedia.org/wiki/Brian_Sicknickhttps://nypost.com/2021/03/02/fbi-director-wray-mum-on-officer-brian-sicknicks-cause-of-death/https://www.cnn.com/2021/02/26/politics/fbi-identify-suspect-sicknick/index.htmlhttps://townhall.com/tipsheet/bronsonstocking/2021/02/14/nyt-retracts-claim-that-officer-died-in-capitol-riot-one-day-after-failed-impeachment-n2584723https://www.propublica.org/article/officer-brian-sicknick-capitolhttps://thefederalist.com/2021/02/23/mother-of-officer-sicknick-says-media-got-her-sons-death-wrong-rejects-nyt-fire-extinguisher-story/https://www.foxnews.com/us/capitol-riot-brian-sicknick-death-investigation-no-charges-autopsy-results-pendingThe 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 15 business days, as the statute requires.Sincerely,Christina L. UrsoUpload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ Regards,
DC Government FOIA Portal