POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA ‘COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN vs. iatera ‘Magisterial Distdct Nunber 121-04 DEFENDANT: (NAME and ADDRESS): MDJ Name: Hon Adress: 4830 WALNUT STREET HARRISBURG, PA 17103 RYAN 8. LUCKENBAUGH [fisrnome ~~ asa Taste Ga 48 GLENDALE DRIVE MECHANICSBURG, PA 17085 Telephone: 717-233-1220 117-731-8968 NGIG EXTRADITION CODE TRE ‘Fea Fa Tse Pons Tc anesoneancr Surouning Sates Tienes (2 Felony [o-rery Pend extaitiondetem J o.eaaanr No acon [Cleon sunéunchg sites E]Antideneanoc rat le etscemeare Pec ‘Felony No Ele nisdemeanr tinted Tl ttiiemsaner ening econ Deter, DEFENDANT IDENTIFICATION INFORMATION Docket Nomior Filed —OTWLiveSean Number [Compiainvincident Numbor [ SIO: Request Lab Services? CR B3-1lo pyro Hrycegal is |Het2dosass Dives Dino GENDER [non oa/iar7a ROB. aide DoB- fec:beterctanttsy ET Pee dak Fane ‘die Name That Ras en RACE Tanne Taser ix T nates areas Dusen ETANGRY CJ ante ‘den Hispano Titian HAIRGOLOR [Jory (Gay) Treo Reisaniny — ]sor ewan Laven Tyrie ent) Bano Grom Ceukeonsy Elona core) Elwetonie) E}roocaunt rma) El ccreen) Lenk Pint) E7210 (toads suet) EYECOEOR [Jatke@may (Jonny Teron LC) anon Terv Gro Elnaziseed Clair Eins. Chan isons) 20 Uaknonny Diver Lense [State Liconse Numbor Expire WEIGHT (bs) [pwa ‘ve5 [-1NO__ [DNA Location [ForNomber Fe HEIGHT Tn Defendant Fingorprinfod [Ives Bono Fingerprint Classification: DEFENDANT VEHIGLE FORMATION Prato Pe Hazmat” [Registration Sticker GARY) GommtVen.inc. | SeRgalveh.” [oti NCIC Ve. Cate Tn ia] sano vin Fvear [take et 36 Caror as Det a “Ofice of the Attomey for the Commonwealth sroved [_]Disapproved becaus Size sfihe Alomey ef te, Conmaneoath Biteproved, os anerored perme a nnomnuny TEPUEN zamsee ore gojpac SIFU ZAM pee e cee \ S07 STEVEN maoteuce © PE800E9 nc scaane of i Pama Sal Pl, gn! Mate Deon Can popseeau dio hereby state: (check appropriate box) 1.0 Laccuse the above named defendant who lives at the address set forth above 1 accuse the defendant whose name Is unknown to me but who is described as _ 7 I accuse the defendant whose name and popular designation or nickname fs unknown to me and whom I have therefore designated as John Doe or Jane Doe. wil lating the pena! laws ofthe Commonwealth of PennsyWvania at: 201... HARRISBURG ciry in. DAUPHIN Cotiny Fa on or about o5/1045 eee Biny cosy Gee. AOPC 412A-Rev. 12114 Page 1 of Hay POLICE CRIMINAL COMPLAINT Docket Numbor: | Date File OTWiLiveScan Number Complaintincident Number CReG3-(lp_|orrero8 | “TW Sea ai-S Be _| Hot-2o04ss Fist: Midd: Last: Defendant Name | VAN. 8. LUCKENBAUGH. The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate, When there is more than one offense, each offense should be numbered chronologically. Reinet sma stele sts ane nanan eft a lr eens omnes Acton ab soapy vaca weer steer na out ots pt cece) et suber oth alte) o tn) gb kT aa evn etn ts tar yb iced ton aon, scl secu brs a eae iron (29 PIS) hou et ted the Key of macau ml Bead. Ea a cs, 204 PA ae gs2iat-2107), cheat cr Aer [cP Soretation Ep ‘Conepeaay fe 02 E Yona? 4_|ss01 | ofthe | Tile 18 PA Crimes Code 2 |e 260 / 902 Ofense® Seaton _Subeacton PA Stato (6) Counla Grade NCIS Oflense Code UCRINIDRE Code Pembor bala “sink Weppteabio) mbar Diisteratae Cisstetyzon0 Chwenzone Statute Description (include the name of statute or ordinance) Official Oppression ‘Acts of the accused associated with this Offense: IN THAT, on or about said date, THE DEFENDANT, while acting in an official capacity, did knowingly subject hristopher SIENNICK to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or lother infringement of personal or property rights. In that the DEFENDANT did kick SIENNICK in the face, while |SIENNICK was seated on the ground and handcuffed behind his back. The DEFENDANT also subjected ISIENNICK to arrest, detention, search, seizure or mistreatment based on a complaint and/or affidavit of probable ause that contained false allegations and facts. inchoate Aten [1 Sonetaton [Conary ottense 100014 190024 (9900 i) tena 2 [2701 | text) | erme [Tile 18, PA Crimes Code 1 |we ose38, Sense Section Subsection PA Siac Cie) Commis Grade NCIC Ofense Code UCRNIARS Code PeanbOT Daa ‘osiant Wepetcate) ember Dimeratate Co sae ze Dlwork zone Statute Description (include the name of statute or ordinance): Simple Assault ‘Acts of the accused associated with this Offense: |IN THAT, on or about said date, THE DEFENDANT did attempt to cause o did intentionally, knowingly or fecklessly cause bodily injury to another. (Except as provided under section 2702 relating to aggravated assault.) Page of 4 AOPC 412A ~ Rev. 12/14aes POLICE CRIMINAL COMPLAINT Docket Number: | Date Filed: | OTN/LIveSean Number Comptaintincident Number QBS |hp_[o%2R068 | T3594 1-¢ a Ho1-2409454 First Midate: Last: Defendant Name | RevAN 8, LUCKENBAUGH ‘The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate, When theres more, than one offense, each offense should be numbered chronologically, ORT Teer Snay tiaras ses aston le tonsuct te oct ok manag oeaee Ain Bw sue oe Maat eS aot seen Ina ‘sumer eas, yout oth pie scr) rl sbsseors th ita) eotnncats) aud led. Tha age oto vn th rn tens yb sed ‘non ain,scl sac aber nar eman (a, PS) shou nl sled the ely fn aca be elas. sl nly alo as, 204 PA Cade sa21ai-21a7) ache cD Aemer J Saietaten : Oy conepiany {orton 4 Q a 3_|2709 |(a)(t)__| otte [Tile 18, PA Crimes Code 1s O4E138 Oferse# Section Subseafon PAS io) Couns Grade, NCIC Ofense Gods UGRIMIRS Cove PonnDOT Bate Reston : (apptabie) Nomber interstate Lsstety20n0 Cork zone Stalute Deseription (include the name of statute or ordinance): Harassment ‘Acls of the accused associated with this Offense: IN THAT, on or about said date, THE DEFENDANT, with intent to harass, annoy or alarm another person, lnamely, Christopher SIENNICK, did strike, shove, kick or otherwise subject such other person to physical.coritact| lor did attempt or threaten to do the same, in that THE DEFENDANT did kick SIENNICK in the face, while ISIENNICK was seated on the ground and handcuffed behind his back, in violation of Section 2709(a)(1) of the PA| rimes Code. AOPC 412A - Rev. 12414 Page.3 of 4, ios POLICE CRIMINAL COMPLAINT Deetotnunbor: | Dato Filed: | OTNILIveScan Numbor Complaintineldent Numbor CR-KB- lo [orianore | “TP eagqrate.c5 ot-2c0a4s4 Fst dal: Last Defendant Name | RYAN s. LUCKENBAUGH 2. Lask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges | have made, 3. _ I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimies Code (18 Pa.C.$.§4904) relating to unsworn falsification to authorities. “4. This complaint consists of the preceding page(s) numbered / through 4 ‘The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonweaith of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the issuing authority, and attached.) FEBRUARY 12 _, 2016 an AND NOW, on this date, PEreupey aM aol, if tify completed and verified. An affidavit of probable'cause must, ja-a-@ AOPC 412A ~ Rev. 12/14 Page 4) of Ydah POLICE CRIMINAL COMPLAINT kot Number: [Dato Flled: Complanekdent Nanber "A- 625" ILp | o2rt2 rote = Hor-2400454 Fist wale Cast BatondantNane: | Ran | {ckensauai AFFIDAVIT of PROBABLE CAUSE ‘Your affiant is a Member of the Pennsylvania State Police and | am currently assigned as an Investigator in the Internal Affairs Division. | have been a Member of the State Police for approximately 19 years. On 05/16/15, Troopers Ryan S. LUCKENBAUGH, and Michael J. TROTTA were employed by the Pennsylvania State Police, on duty, in uniform, and operating a marked State Police Vehicle. ‘The Troopers were partners working the 2300- 0700 hours shift, and assigned to the same vehicle. ‘On 05/16/15, at approximately 0220 hours, Troopers LUCKENBAUGH and TROTTA took Christopher P. SIENNICK into i] ——eustoay Tear 2a ane Locust SESS TA Wie CIy oF Harrsburg Tor DsoTaeny Conduct ancrrelated charges. During tie apprehension, SIENNICK was subjected to an electronic conducted weapon (Taser), pepper spray, and physical force, During the arrest, members of the Harrisburg City Police Department responded and provided assistance to the Troopers. SIENNICK was handcuffed behind his back and escorted to Locust Street, were he was seated on the cutb in front of the Troopers’ vehicle. This position allowed the Mobile Audio/Video Reoorder (MVR) in thé Troopers’ vehicle to document part ofthe incident. | reviowed the MVR on several occasions. ‘The MVR revealed SIENNICK was seated on the curb of Locust Street, handcutfed behind his back, and surrounded by several Officers. SIENNICK acted belligerent and yelled loud profanities towards the Troopers and Officers. ‘The MVR rovealed a spiliing sound, and then Trooper LUCKENBAUGH, with his boot, delivered a kick in the direction of SIENNICK, alter which, the Harrisburg City Police Officers intervened, Directly after the Kick was made, Trooper LUCKENSBUAGH said “spit on that.” ‘The actual impact of the kick was not on the MVR as it was slightly out of view. Members of the Harrisburg City Police Department were present and observed the kick, They were all interviewed by Members of the Pennsylvania State Police. Collectively, their descriptions indicated the kick was a single impact sire, delivered by the right leg of Trooper LUCKENBAUGH. The bottom of Trooper LUCKENBAUGH'S boot, struck SIENNICK in the face, causing his head and body to recoil backwards. The Officers did not believe the kick was reasonable or justified, based on the circumstances, The Officers could not attribute any specific injury to the kick since SIENNICK was in a physical struggle with the Troopers moments before. - CONTINUED - |, SGT, STEVEN MASTELLER, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. SU oe ieee Ee SEF (Signature of Affant) ‘Swom to me and subscribed before me this, day of Date , Magisterial District Judge ‘My commission expires first Monday of January, SEAL “AOPG 4116 - Rev. 07110 Page iof 3.deh POLICE CRIMINAL COMPLAINT Docket Number: | Date Filed: ‘OTNiLiveScan Number, ‘Complainvincident Numbor “RAS “IL | oaiarzo16 Tega 5 Hot-24004s4 Fret: Wile Last Dofondant Name: | Rye se cn AFFIDAVIT of PROBABLE CAUSE On the evening of SIENNICK'S arrest, Trooper LUCKENBAUGH filed a Police Criminal Complaint, with an accompanying Affidavit of Probable Cause, charging SIENNICK with fourteen (14) separate counts. The Affidavit referenced three (3) encounters the Troopers had with SIENNICK that night In Count three (3) of the Criminal Complaint, Trooper LUCKENBAUGH alleged SIENNICK propelled a “solid object’ onto of toward a roadway In violation of 18 Pa.C.S.A. §2707(b). More specifically, the Affidavit of Probable Cause attached to Trooper LUCKENBAUGH'S complaint alleged that SIENNICK was riding a skateboard south on Second Street going the wrong way on a one way stroot. It further alleged that SIENNICK “failed to obey verbal commands fo move from the roadway onto the sidewalk area,” “displayed {an obscene gesture (raised middle finger)" and “struck our vehicie with either his person or an unidentified object. ‘The Troopers did not stop, nor did they attempt to take SIENNICK into custody during the first encounter. Trooper LUCKENBAUGH indicated in his Affidavit of Probable Cause, “I immediately turned left onto Pine Street to double-back and attempt to locate this subject to investigate his disorderly behavior." However, upon locating SIENNICK a second time, they did not stop and investigate. Instead, they drove past and alleged that SIENNICK spit at them. The Affidavit indicated SIENNICK spat upon the vehicle with some of the spit partially entering the vehicle via the opened front passengor side window which was occupied by Trooper TROTTA. Again, they did not stop, nor attempt to take him into ‘custody at that time. The MVR did not record the second encounter with SIENNICK. In spite of allegedly striking a marked’State Police Vehicle and spitting into an occupied marked State Police Vehicle, SIENNICK did not flee the area or attempt to conceal himself from the police. Instead, SIENNICK remained in the open ‘and visible, which allowed the Troopers to walk up on him for the third and final encounter. | reviewed the MVR from the incident, which included audio, and SIENNICK was first observed riding his skateboard south into oncoming traffic on Second Street (first encounter). 'SIENNICK passed to the right of the Trooper's vehicle and appeated to raise his right arm just before disappearing from the camera. Despite thelr detalied conversation, which was recorded on the MVR, at no time was ellher Trooper heard giving verbal commands to SIENNICK. However, when SIENNICK was interviewed by State Police on July 31, 2045, and well after he read the Affidavit against him, SIENNICK informed investigators that he believed one of the Troopers stated “get out of the road faggot.” SIENNICK admitted that in response to that statement, he gave the middle finger to the Troopers. During his interview, SIENNICK denied ever touching the vehicle or throwing anything. During this first encounter with SIENNICK, the MVR did not capture the sound of anything stiiking the Trooper's vehicle, nor did the Troopers make any comments about an object striking thelr vehicle a8 one would expect. They only referenced SIENNICK giving a middle finger and being in the roadvray. ~ CONTINUED - 1, SGT. STEVEN MASTELLER, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. SOT a {Signature of Atfiant) ‘Sworn to me and subscribed before me this, day of Date i . Magisterial District Judge My commission expires first Monday of January, ach “ROPC 4116 - Rev. O7/10 ; Page 2 of 3.th POLICE.CRIMINAL COMPLAINT DockaiNbae — Date Filed —] OTATLveScan Numer Complaint bar Secs Lommnoe | OV seal hon zaoaed Fi Tae Task DefendantNane: | Rial ci &. UckenBaucHt AFFIDAVIT of PROBABLE CAUSE After SIENNICK was in custody, the MVR recorded Trooper LUGKENGAUGH telling @ Harrisburg City Police Officer "something" “baseball size hit the side of the truck." Trooper LUCKENBAUGH was also heard on the MVR claiming thet in response to the object striking thelr vehicle, he said "that litle fucker threw something,” which was not supported by the MVR recording of the first encounter. Shorlly after the frst encounter, the MVR revealed Trooper LUCKENBAUGH stated *...et this tte fucker spit” Up to this moment, there was no evidence of spitting or a threat to spit whatsoever and appears to be Trooper LUCKENBAUGH predicting that SIENNICK will sit despite not knowing him or having a history with him. ‘Trooper LUCKENBAUGH indicated in his Affidavit of Probable Cause that once SIENNICK was arrested he had a heavy ‘odor of suspected alcoholic/malt brewed beverages emanating from his person and breath. The Harrisburg Officers did not confirm this assertion, One indicated he did not smell anything on SIENNICK’S breath and another did not believe SIENNICK was intoxicated ‘The Affidavit further alleged that SIENNICK refused to submit to a Preliminary Breath Test (PBT) or Field Sobriety Test. | reviewed the MVR video and audio and at no point does anyone offer SIENNICK the opportunity to submil to a PBT or Field Sobriety Test, nor did the Harrisburg Officers recall anyone requesting a PBT or Field Sobriety Test. |, SGT. STEVEN MASTELLER, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THI KNOWLEDGE, INFORMATION AND BELIEF. a (Slonatus of Atfont ‘Sworn to me and subscribed before me this day of Date Magisterial District Judge My commission expires first Monday of January, AOPC 4116 - Rev. 07/10 Page 3of_3