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Tyrone Kemp Federal Lawsuit College Park Police Officer

Tyrone Kemp filed a lawsuit in the U.S. Northern District Court this week, claiming he was wrongfully incarcerated. Now, he's suing the officer who arrested him.

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Jessica Brown
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0% found this document useful (0 votes)
5K views74 pages

Tyrone Kemp Federal Lawsuit College Park Police Officer

Tyrone Kemp filed a lawsuit in the U.S. Northern District Court this week, claiming he was wrongfully incarcerated. Now, he's suing the officer who arrested him.

Uploaded by

Jessica Brown
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 74

Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISON

TYRONE ANTHONY KEMP, )


)
Plaintiff, )
)
v. ) Civil Action No.
)
KEVIN POGORZELSKI, ) ________________
in his individual capacity, )
)
Defendant. )

COMPLAINT FOR DAMAGES

COMES NOW, TYRONE ANTHONY KEMP, Plaintiff in the above-styled

civil action, by and through his attorneys of record, and files this his Complaint for

Damages and Demand for Jury Trial pursuant to 42 U.S.C. § 1983, by virtue of the

rights, privileges and immunities protected by the Fourth and Fourteenth

Amendments to the United States Constitution and pursuant to Georgia common

and statutory law, against Defendant, KEVIN POGORZELSKI, in his individual

capacity, (hereinafter referred to as “Defendant”).

Plaintiff TYRONE ANTHONY KEMP respectfully shows this Honorable

Court as follows:

INTRODUCTION

1.

This is a civil action asserting claims under state and federal law arising
1
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 2 of 23

from the malicious prosecution and wrongful incarceration of Plaintiff TYRONE

ANTHONY KEMP due to the negligent, deliberate, willful, and wrongful acts of

the Defendant.

The Plaintiff’s claims are rooted in the fact that the Defendant KEVIN

POGORZELSKI filed an affidavit leading to the arrest of the Plaintiff for felony

murder, aggravated assault, etc., based upon incorrect and false statements of fact,

and without probable case or arguable probable cause that the Plaintiff had

committed the alleged murder. For example, (a) the Defendant falsely swore to an

arrest affidavit that one (1) of the nine (9) bullet casings found at the scene

matched bullets found in the Plaintiff’s apartment; (d) the Defendant falsely

recounted to the magistrate judge that the assailant was observed jogging in the

direction of the Plaintiff’s apartment when in fact the eyewitness described the

assailant jogging in the opposite direction; (c) the Plaintiff’s attire did not fit the

description of the assailant given by an eye witness to the shooting; and (d) no

physical evidence, such as the Plaintiff’s fingerprints were found on the vehicle the

murder victim was found shot in.

THE PARTIES

2.

Plaintiff TYRONE ANTHONY KEMP (hereinafter referred to as

“Plaintiff”), is an individual and a citizen of the State of Georgia.

2
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 3 of 23

3.

Defendant KEVIN POGORZELSKI was, at all times relevant herein, a law

enforcement officer employed by the City of College Park Police Department

acting under color of state law and within the scope of his discretionary function as

an employee of College Park Police Department. Defendant Pogorzelski was

acting within his discretionary authority when deciding to seek an arrest warrant

for Plaintiff’s arrest. He is being sued in his individual capacity only. Defendant

Pogorzelski may be served at his place of employment, at the College Park Police

Department located at the Public Safety Complex, 3717 College Street, College

Park, Georgia 30337.

4.

At all times herein mentioned, Defendant Pogorzelski was an agent and/or

employee of College Park Police Department and in doing or failing to do the

things hereinafter alleged, Defendant Pogorzelski was acting with malice under his

discretionary authority as College Park Police Department detective.

JURISDICTION AND VENUE

5.

This case presents a federal question under 42 U.S.C. §§1983 and 1988, as

well as the Fourth and Fourteenth Amendments to the United States Constitution.

Jurisdiction is founded upon 28 U.S.C. §§1331 and 1343, as well as the

3
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 4 of 23

aforementioned constitutional and statutory provisions. This court has

supplemental jurisdiction over State law claims pursuant to 28 U.S.C. §1367.

6.

Venue is proper in the Northern District of Georgia pursuant to 28 U.S.C.

§1391(2) because a substantial part of the events or omissions giving rise to the

claim occurred, or a substantial part of the property that is the subject of the action

is situated in the Northern District of Georgia.

7.

The claims raised herein became ripe within two (2) years of the date of the

filing of this cause of action, and this Court has proper jurisdiction.

FACTUAL BACKGROUND

8.

During the late evening hours of July 30, 2017 and the early morning hours

of July 31, 2017, the Plaintiff was surfing an internet dating site when he began

an association with a person that he thought was a woman, when in fact and

unbeknownst to him, it was Troy Lee Dangerfield, a transexual woman.

9.

Plaintiff arranged for Dangerfield to pick him up at a nearby convenience

store to go to a local bar and lounge located on Old National Hwy, a short

distance from Plaintiff’s residence.

4
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 5 of 23

10.

While in Dangerfield’s vehicle, travelling to the local bar and lounge

located on Old National Hwy., Dangerfield revealed to Plaintiff that he was

biologically a man.

11.

After arriving at the local bar and lounge and determining that it was closed,

Plaintiff asked Dangerfield to return him to his apartment.

12.

Dangerfield did so, and after a short period of time lingering in Plaintiff’s

apartment parking lot, Dangerfield drove off.

13.

Apparently, Dangerfield drove to the rear of Plaintiff's apartment complex

where at approximately 4:00 a.m., he was shot multiple times by an unidentified

male assailant while seated on the driver’s side of a grey 2017 Dodge Challenger,

at 3100 Godby Road, Building 14, College Park, Georgia 30349. [Exhibits “A”

and “B”].

14.

Troy Lee Dangerfield was rushed to Grady Memorial Hospital by

ambulance. [Exhibit “B”].

5
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 6 of 23

15.

At approximately 5:00 a.m., Defendant Pogorzelski responded to Grady

Memorial Hospital and was advised by “Nurse Lily Agalov… that Mr. Dangerfield

arrived at the hospital at 4:49 a.m. and was pronounced deceased at 4:53 a.m. She

advised that he had approximately 19 bullet holes to his abdomen and groin area

as well as one in his right arm.” [Exhibit “A”].

16.

The Georgia Bureau of Investigation (hereinafter the “GBI”) processed

Dangerfield’s vehicle for fingerprints with trace lifts from the exterior windshield,

exterior roof, front driver seat, rear driver seat/middle, rear passenger seat and front

passenger seat. [Exhibits “B” and “C”]. Plaintiff’s fingerprints were not found on

the inside or outside of the vehicle.

17.

Eight (8) RP .45 caliber casings were located at the crime scene. [Exhibits

“A,” “B,” and “D”]. One CRC .45 caliber casing was located at the crime scene.

[Exhibits “A,” “B,” and “D”].

18.

Plaintiff stated during an interview with Defendant Pogorzelski on August 3,

2017 that he worked at Nissan of Union City where he detailed cars. Plaintiff

6
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 7 of 23

stated that he finds bullets in the trunks and under the seats of cars at work and

collects them.

19.

The same day, on August 3, 2017, Defendant procured and executed a

search warrant at the Plaintiff’s residence.

20.

An inventory of the items found during the search is attached hereto as

Exhibit “E”.

21.

The inventory indicates that the search found, among other things, “1 Box

Magtech bullets (1 CBC .45 Bullet)” found in a kitchen drawer.

22.

The College Park Police Department Property Record of the items

inventoried from the search lists “1 Magtech .45 cal bullet box” …” “found during

search warrant in kitchen”, but does not mention a CBC .45 Bullet. [Exhibit “F”].

23.

On August 8, 2017, witness Ameka Holland, a long-time female

acquaintance of the Plaintiff since high school, stated during an interview with

Defendant Pogorzelski, prior to Plaintiff’s arrest, that she had never seen Plaintiff

7
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 8 of 23

with a gun but disclosed that he collects bullets from the cars he details at work.

[Exhibit “G”].

24.

On August 3, 2017, Defendant Pogorzelski claimed to have located one (1)

.45 caliber bullet, along with eleven (11) 9mm bullets and twenty-five (25) .22

caliber bullets, in Plaintiff’s apartment after a search authorized by a search

warrant. [Exhibit “E”].

25.

The manufacturer’s brand on the one (1) .45 caliber bullet, found in the

Plaintiff’s apartment did not match the manufacturer’s brand of eight (8) of the

nine (9) .45 caliber bullets found at the scene of the murder.

26.

During an interview with Defendant Pogorzelski, witness Jevaun White

stated that he saw a guy standing at Troy Dangerfield’s vehicle firing a handgun

from the passenger side into the vehicle. He then saw the male slowly jog away

“along the sidewalk toward the front of the complex between buildings 14 and 12.”

Mr. White stated that the male had on a white t-shirt, blue jean shorts, and white

tennis shoes. He stated that the unknown male appeared to be 5’6” with an average

build. [Exhibit “H”].

8
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 9 of 23

27.

Plaintiff stated during a prior interview with Defendant Pogorzelski that he

was wearing a white shirt, grey full-length pants, and white shoes on the evening

of the murder. This description of his attire was verified by surveillance footage

captured at Godby’s Place, a convenience store on Godby Road at the time he was

picked up from there by Troy Lee Dangerfield only minutes before Dangerfield

was murdered. [Exhibit “I”].1

28.

Plaintiff was wearing the white shirt, grey full-length pants and white shoes

at the time he was picked up by Troy Lee Dangerfield, from Godby’s Place at

approximately 3:24 a.m. on July 31. 2017 according to the timestamp. [Exhibit

“J”].2

29.

The Plaintiff’s attire was the same when Troy Lee Dangerfield dropped him

off back at his apartment at approximately 3:35 a.m. on July 31, 2017.

30.

The description of the assailant’s attire given to Defendant Pogorzelski by

the witness, Jevaun White, did not match the attire that Plaintiff was wearing

1
Exhibit “I” is a surveillance video that will be manually filed.
2
Exhibit “J” is a surveillance video that will be manually filed.

9
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 10 of 23

during the early morning hours of July 31, 2017, as verified on surveillance

footage from Godby’s Place.

31.

Instead of yielding to exculpatory physical evidence, such as a lack of

fingerprint evidence tying Plaintiff to the crime and inconsistent evidence such as

Plaintiff’s attire, Defendant Pogorzelski executed an Affidavit for an Arrest

Warrant on August 22, 2017 (hereinafter the “Affidavit”). [Exhibit ”K”].

32.

In fact, the Affidavit contains false statements, including that the unknown

male walked away from the vehicle “in the direction of building 6.” [Exhibit “K”].

Witness White clearly stated that the unknown male jogged along the sidewalk

toward the front of the complex between buildings 14 and 12. [Exhibit “H”]. The

misstatement influenced the magistrate judge to make a probable cause finding in

support of issuing an arrest warrant.

33.

The Affidavit contains another false statement that Plaintiff was “wearing a

white shirt, blue jeans and white sneakers.” [Exhibit “K”]. Plaintiff was actually

wearing a white shirt, grey full-length pants and white sneakers. This misstatement

makes Plaintiff’s attire more similar to the unknown male’s attire as described by

10
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 11 of 23

the eyewitness. The misstatement influenced the magistrate judge to make a

probable cause finding in support of issuing an arrest warrant.

34.

The Affidavit also relies on selective parts of Ameka Holland’s witness

interview without referencing her exonerating statement that Plaintiff collected

bullets from the vehicles he detailed at Nissan of Union City. [Exhibits “G” and

“K”]. The selective use of parts of Ameka Holland’s interview statements and the

omission of exculpatory parts of her statement influenced the magistrate judge to

issue an arrest warrant.

35.

Without the proper context and knowing the proper context, the Affidavit

indicates that as a result of a search warrant “we located 25 .23 caliber bullets, 11

9mm bullets, 1 .25 caliber gun magazine and 1 .45 caliber bullet. The .45 caliber

bullet matched the brand of one of the shell casings found on scene.” [Exhibit

“K”]. The Affidavit further states “[t]he said accused advised during an interview

that he does not own a firearm and has not shot a handgun since he was 18 or 19

years old.” [Exhibit “G”]. Defendant Pogorzelski’s omission of information

regarding Plaintiff’s bullet collection from the Affidavit likely effected the

executing judge’s probable cause determination.

11
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 12 of 23

36.

As a result of the false representations and omissions in the Affidavit, the

Arrest Warrant was executed by the executing judge on August 25, 2017 at 2:50

p.m. [Exhibit “K”].

37.

On August 22, 2017, Defendant Pogorzelski arrested Plaintiff in Case No.

17-08786 for Malice Murder, pursuant to O.C.G.A. 16-5-1. [Exhibit “L”].

38.

Plaintiff was booked into College Park Police Department on August 22,

2017 at 9:19 p.m. [Exhibit “M”].

39.

Plaintiff was indicted on November 17, 2017, under Case No. 17SC155747

on the following charges: (1) Murder, pursuant to O.C.G.A. § 16-5-1; (2) Felony

Murder, pursuant to O.C.G.A. § 16-5-1; (3) Aggravated Assault with a Deadly

Weapon, pursuant to O.C.G.A. § 16-5-21; and (4) Possession of a Firearm During

the Commission of a Felony, pursuant to O.C.G.A. § 16-11-106. [Exhibit “N”].

40.

After serving 4 years, 3 months and 2 days in custody in College Park Police

Department and Fulton County Jail without bond, Plaintiff was found Not Guilty

of all charges by jury trial on November 24, 2021. [Exhibit “O”].

12
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 13 of 23

CAUSES OF ACTION

Count I

CLAIM PURSUANT TO 42 U.S.C. SEC. 1983


Fourth Amendment Violation
Constitutional Right to be Free from Unreasonable Seizures

41.

Plaintiff incorporates by reference the previous paragraphs of this Complaint

in the Factual Background section, specifically paragraphs 8 – 40, as if fully restated

herein.

42.

The Fourth Amendment conveys to Plaintiff a right to be free from

unreasonable searches and seizures, which includes the right to be free from

unlawful arrest.

43.

42 U.S.C. §1983 provides in part that: “[e]very person who, under color of

any statute, ordinance, regulation, custom, or usage, of any State or Territory or

the District of Columbia, subjects, or causes to be subjected, any citizen of the

United States of other person within the jurisdiction thereof to the deprivation of

any rights, privileges, or immunities secured by the Constitution and laws, shall

be liable to the party injured in an action at law, ….”

13
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 14 of 23

44.

The Eleventh Circuit has identified malicious prosecution as a violation of

the Fourth Amendment and a viable constitutional tort cognizable under 42 U.S.C.

§ 1983. Carter v. Gore, 557 Fed. Appx. 904 (11th Cir. 2014).

45.

To establish a federal malicious prosecution claim under 42 U.S.C. § 1983, a

plaintiff must prove (1) the elements of the common law tort of malicious

prosecution, and (2) a violation of his Fourth Amendment right to be free from

unreasonable seizures. Kingsland v. City of Miami, 382 F.3d 1220, 1234 (11th Cir.

2004).

46.

The elements of the common law tort of malicious prosecution include (1) a

criminal prosecution instituted or continued by the present defendant; (2) with

malice and without probable cause; (3) that terminated in the plaintiff accused’s

favor; and (4) caused damage to the plaintiff accused. Wood v. Kesler, 323 F. 3d

872, 882 (11th Cir. 2003).

47.

Plaintiff must prove that he was arrested based on a warrant lacking

probable cause, and that proceedings terminated in his favor—for example, by

dismissal of charges. Laskar v. Hurd, 972 F.3d 1278, 1284-85 (11th Cir. 2020). A

14
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 15 of 23

challenge to a warrant-based arrest alleges that the legal process failed. Williams v.

Aguirre, 965 F.3d 1147, 1165 (11th Cir. 2020).

48.

At all times herein mentioned, Defendant Pogorzelski, as a certified peace

officer in the State of Georgia acting under color of law, had a duty to observe,

recognize, and uphold Plaintiff’s civil and constitutional rights which were

protected by the Constitution of the United States.

49.

Plaintiff’s Federal Civil Rights (42 U.S.C. § 1983) were violated by

Defendant Pogorzelski because he obtained an arrest warrant with an affidavit

containing several false statements. Defendant Pogorzelski was responsible for the

decision to prosecute, and he was responsible for requesting and obtaining the

warrant for Plaintiff’s arrest without probable cause.

50.

Defendant Pogorzelski breached his duty to uphold Plaintiff’s constitutional

rights by providing false statements in the Affidavit that affected the executing

judge’s probable cause determination.

51.

Defendant Pogorzelski committed the above-described actions and/or

omissions under the color of state law and by virtue of his authority as a law

15
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 16 of 23

enforcement official and as an officer of the City of College Park Police

Department.

52.

Defendant Pogorzelski’s actions were malicious and deprived the Plaintiff

of his clearly established rights, privileges and immunities guaranteed to him by

the Fourth Amendment to the United States Constitution including, but not

limited to his right to be free from unreasonable and unjustified search and

seizure.

53.

Defendant Pogorzelski acted willfully, maliciously, and in conscious

disregard of Plaintiff’s rights under the Fourth Amendment to the United States

Constitution and specifically the right to be free from unjustified and unreasonable

seizure.

54.

The law was clearly established in August of 2017 that officers who obtain

arrest warrants by submitting affidavits that contain false statements are not

entitled to qualified immunity. The law was also clearly established that the arrest

of an individual who has not committed a crime is unreasonable and unlawful.

55.

An officer’s liability for malicious prosecution flows from initially arresting

16
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 17 of 23

an individual without probable cause or a warrant, and liability extends to

foreseeable injuries related to subsequent seizure, detention, and prosecution.

Carter v. Gore, 557 Fed. Appx. 904, 907 (11th Cir. 2014).

56.

Here, malice can be inferred from the Defendant’s lack of probable cause.

The Eleventh Circuit has held that “a jury can infer malice from an officer’s lack of

probable cause.” Exford v. City of Montgomery, 887 F. Supp. 2d 1210, 1227,

(11th Cir. 2012).

57.

As a direct and proximate result of the actions and omissions of Defendant

Pogorzelski, Plaintiff was unlawfully arrested, indicted and prosecuted for the

following charges: (1) Murder, pursuant to O.C.G.A. § 16-5-1; (2) Felony Murder,

pursuant to O.C.G.A. § 16-5-1; (3) Aggravated Assault with a Deadly Weapon,

pursuant to O.C.G.A. § 16-5-21; and (4) Possession of a Firearm During the

Commission of a Felony, pursuant to O.C.G.A. § 16-11-106, crimes he did not

commit. Most appallingly, Plaintiff was booked into the Fulton County Jail, without

bond, where he was incarcerated for 4 years, 3 months and 2 days.

58.

Defendant Pogorzelski is liable to the Plaintiff in his individual capacity for

17
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 18 of 23

the general and special damages Plaintiff has suffered due to the described

violations of his constitutional rights, in accordance with and as authorized and

entitled by federal law, contained at 42 USC §1983 and as may be proven at trial.

Count II

CLAIM PURSUANT TO O.C.G.A. § 51-7-40


State Law Claim for Malicious Prosecution

59.

Plaintiff incorporates by reference the previous paragraphs of this Complaint

in the Factual Background section, specifically paragraphs 8 - 40, as if fully re-

stated herein.

60.

Defendant violated O.C.G.A. § 51-7-40 because while acting in the scope of

his employment as a police officer for Defendant City of College Park Police

Department, Defendant Pogorzelski drafted an affidavit containing false

statements. A probable cause determination to issue an arrest warrant was

predicated on these false representations.

61.

Defendant was responsible for the decision to prosecute and he was

responsible for requesting and obtaining the warrant for Plaintiff’s arrest.

62.

The criminal prosecution of Plaintiff was carried on maliciously and without


18
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 19 of 23

probable cause. It ultimately resulted in Plaintiff spending 4 years, 3 months and 2

days in custody without bond. Plaintiff was found not guilty by a jury. Plaintiff has

suffered a tremendous wrong for which he is entitled to legal redress.

63.

As a direct and proximate result of Defendant Pogorzelski’s unlawful

actions, Plaintiff has incurred economic damages including lost wages, loss of

economic opportunity, attorney’s fees and costs, as well as other economic

damages in an exact amount to be proven at trial.

64.

As a direct and proximate cause of the Defendant Pogorzelski’s unlawful

actions, Plaintiff has experienced pain, suffering, emotional distress, and anxiety,

entitling him to an award of compensatory damages in an amount to be determined

by the enlightened conscience of the jury.

65.

Defendant Pogorzelski’s unlawful actions were done willfully, deliberately,

and maliciously, thereby entitling Plaintiff to an award of compensatory as well as

punitive damages in an amount to be determined by the enlightened conscience of

the jury.

66.

Defendant Pogorzelski is liable to the Plaintiff in his individual capacity for

19
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 20 of 23

the general and special damages Plaintiff has suffered due to the described

violations of his constitutional rights, in accordance with and as authorized and

entitled by Georgia law, contained at O.C.G.A. § 51-7-40 and Georgia common

law.

Count III

ATTORNEYS' FEES & COSTS


and EXPENSES OF LITIGATION

67.

Plaintiff incorporates by reference the previous paragraphs of this Complaint

in the Factual Background section, specifically paragraphs 8-40, as if fully re-

stated herein.

68.

It was necessary for Plaintiff to retain the undersigned attorneys to file this

action. Upon judgment, wherein the Plaintiff becomes the prevailing party,

Plaintiff will be entitled to an award of attorneys' fees and the costs and expenses

of litigation pursuant to 42 U.S.C. §1988(b) and FRCP 54.

PRAYER FOR RELIEF

WHEREFORE Plaintiff TYRONE ANTHONY KEMP prays for judgment

against Defendant KEVIN POGORZELSKI as follows:

a. For special damages according to proof at time of trial;

20
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 21 of 23

b. For lost wages and diminished earning capacity according to proof at

time of trial;

c. For economic, compensatory and general damages according to proof

at time of trial;

d. For prejudgment and post judgment interest;

e. For punitive and exemplary damages as determined by the

enlightened conscious of the jury;

f. For costs of suit incurred herein, including attorneys' fees; and

g. For all other and further relief that the Court may deem just and

appropriate.

This 21st day of November 2023.

Respectfully submitted,
WAYNE B. KENDALL, P.C.

s/ Wayne B. Kendall
WAYNE B. KENDALL
Georgia Bar No. 414076
[email protected]
KIMBERLY ELLISON
Georgia Bar No. 141716
[email protected]
155 Bradford Square, Suite B
Fayetteville, GA 30215
Telephone: (678) 884-6084
Facsimile: (770) 716-2439

Attorneys for Plaintiff

21
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 22 of 23

DEMAND FOR JURY TRIAL

Plaintiff TYRONE ANTHONY KEMP hereby demands a trial by jury on all

issues triable to a jury.

This 21st day of November 2023.

Respectfully submitted,
WAYNE B. KENDALL, P.C.

s/ Wayne B. Kendall
WAYNE B. KENDALL
Georgia Bar No. 414076
[email protected]
KIMBERLY ELLISON
Georgia Bar No. 141716
[email protected]
155 Bradford Square, Suite B
Fayetteville, GA 30215
Telephone: (678) 884-6084
Facsimile: (770) 716-2439

Attorneys for Plaintiff

22
Case 1:23-cv-05368-TWT Document 1 Filed 11/21/23 Page 23 of 23

CERTIFICATE OF COMPLIANCE

Pursuant to L.R. 7.1(D), the undersigned hereby certifies that the foregoing

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL has been

prepared in Times New Roman 14, a font and type selection approved by the Court

in L.R. 5.1(B).

This 21st day of November 2023.

Respectfully submitted,
WAYNE B. KENDALL, P.C.

s/ Wayne B. Kendall
WAYNE B. KENDALL
Georgia Bar No. 414076
[email protected]
KIMBERLY ELLISON
Georgia Bar No. 141716
[email protected]
155 Bradford Square, Suite B
Fayetteville, GA 30215
Telephone: (678) 884-6084
Facsimile: (770) 716-2439

Attorneys for Plaintiff

23
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Case 1:23-cv-05368-TWT Document 1-2 Filed 11/21/23 Page 1 of 1
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 1 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18

PROPERTY/EVIDENCE INVENTORY
DATE: 8/2/2017
t11c1me of person From whom property was obtained:
TIME: 2:29:23 PM
Search Warrant
Location Where Property was Obtained : Gray Dodge Ch.:Jllenger, VIN 2C3CDZAG1HH626105, GBI HQ, Decatur,
DeKalb Co, GA
___i_

1 1~1111111111 Iii lllll lllll lllll 1111111111111 B860116 !Swabs containing suspected blood from exterior roof
1
of vehlcle

u
2 11111111 1111111111111111111111 1111111111111 8860117 I
Fingerprint cards contaning lifts from the following:

1. Front driver door between window and windshield


(labi?I 2)
2. Front driver exterior' window (la9el 3)
3. Exterior odver door near door handle (Label 4, 5, 6,
7, 8)
4. Fuel cap (label 9, 10)
5. Exterior trunk (label 11)
6. Exterior passenger window (Label 12)
7. Exterior passenger door (lab~l 13, 14, 15)
8. Passenger belt buckle
- - -- -
1 1~11111 ~m ~111m1 nm 1r1111111111111111 BB6011S I Trace lifts from:
I • '

1. Exterior wlndshleld
2. Exterior roof
- - - - --- - - - -- - - - - - -- - - - - ·- -- - - -
4 1~1111111m~111111111m~lff ~IIIIIIHIII 8860119 ITrace Lifts from :
L Fr9nt Drfv~( Seat
2. Rear Driver Seat/Middle
3. Rear Passenger Seat
4. Front Passenger Seal

5 I~11!1111111111111111 IIIU lllll lllll 11111111 B860120 I Swaos from:


I

1. Driver door pull


2. Driver door release
3. Passenger door pull
4. Passenger door release

6 Illlllll lllll llll lllll llm lllll lllll llll llll BB6D121 1Seventv one (71) one dollar bills in U.S. currency, Block
Bog S882459

ATE: 8/2/2017
TIME: 2:29:23 PM
93
Pnge 1 of 2
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 2 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18


PROPERTY/EVIDENCE INVENTORY
DATE: 8/2/2017
r ,e of person From whom property was obtained:
TIME: 2:29:23.PM
S.:arch Warrant
Location Where Property was Obtained: Gray Dodge Challenger, VIN 2C3COZAG1HH626105, GBI HQ, Decatur,
DeKalb Co, GA

7 111111111111111111]11111111 ~Ill I~~ lfll lUI 8 B60122 IOne (1) sea. CPX-2,9~m plstol_with assoicated -
maga!lne which contained 8 rounds including two (2)
Perfecta brand rounds, one (1) RP round, four (4) WIN
brand rounds and one·(l) PPU round, Serial# 440201
- - -- --
s 11111111 mllllllllllHllll 111~ 91111111111 0060123 I One (l) US. $2 bill, Block Bag 5882457-
-- --
9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIII~II_Bs60124 ' One (1) projectile fragment
__ _ _ __,_______
... LAST ENTRY ...

>ATE: 8/2/2017 Relinquished by: Received by:


TIM E: 2:29:23 PM t ·'l ,.-.- 2- 7a ~/3//) ~ ~ --,,.
,.
9-1
Page 2 o f 2
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 3 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18


PROPERTY/EVIDENCE INVENTORY
OATE: 8/2/2017
Name of person From whom property was obtained:
TIME: 2:13:44 PM
Search Warrant
Location Where Property was Obtainecf: Gray Dodge Challenger, VIN 2C3CDzAG1HH626105, GBI HQ, Decatur,
DeKalb Co, GA

- - - -- - - - -- -- - - - - -- -- -
1 11111111111111111 IIHI 1111111111 ml 1111 "II 0s6011s j Gray Dodge Challenger, VIN 2C3c;DZAG1.HH62610S
with Keys
0
• LAST ENTRY -~-

95
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 4 of 8

Page 1 of 1

College Park Police Departm_ent


Property Record

07/31/2017 17-08786
DATE CASE NUMBER

310QGodb~RdBld .14
OWNER ADDRESS '

STATUS: [8] EVIDENCE 0 HOLD FOR COURT


PHO~E NUMBER 0 FOUND O C0\JRTDATE

ITEMIZATION OF PROPERTY:
DE$CRIPTION . SERIAL NUMBER MODEL NUMBER
Fingerprint e;ards (8860117)

BRIEF REASON FOR CONFISCATION: Ufted_frn'm I.he front driver door of the victim's vehicle ~urln9 search
warrant.

Det. K. Pogorzelski 08/23/2017 1300


REPORTING OFFICER DATE TIME

PROPER:TY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB (OFFICE~ TAKING) DATE TIME

DISPOSITION:

96
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 5 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18

PROPERTY/EVIDENCE INVENTORY
DATE: 8/l/20-17
i,..,n,e of person From whom property was obtained:
TIM E: 2il3:44 PM
Search Warrant
Location Wt,ere Propertv was Obt,3ined: Gray Dodge Challenger, VIN 2C3CDZAG1HH626105, GBI HQ, Decatur,
Del(alb CQ, C:iA

- - - - -- - -- -· - - - - --
1 11111ru1111111111111111m1111111u111111111 8869115 j t;,ray ~odse Chalfcrnger; VIN 2C3CDZAG11-/H626105
with Ke.ys

"' 0 LAST ENTRY .,.,.

71
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 6 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18

PROPERTY/EVIDENCE INVENTORY
DATE: 8/2/'J.017
ame of person From whom property was obtained:
TIME: ~:29:23 PM
Search Warrant
Location Where Property was Obtained: Gray Dodge Challenger, VIN 2C3CDZAGlHH626105, GBf HQ, Decatur,
DeKalb Co, GA
- - - -- - - _ _ __ _L __ _ _ _ _ - - - - - -

1IHllllllrnt1m11111111111rnllllllllll 8B60116 ISwabs conralnihg suspected blood from exterior roof


ofvehfde
- - - - - - - -- -
2 IUIIIIIIIIIIIIIIUll lllll mllllllllll llll a0Go117 1 Fingerprint cards contaning lifts from the following:
'
1. Front driver door between window and windshield
(label 2)
2. Front driver exterior window (label 3)
3. Exteriot driver door near door handle (Label 4, 5, 6,
7, 8)
4. Fuel cap (label 9, 10)
S. Exterior trunk (labe! 11)
6. Exterior pas~nger wlndc;>w (Label 12)
7. Exterior passenger door (label 13_, 14, ~S}
8. Passenger belt buckle
- - -~ - - -- -
3 m11111 ~111m1 ~~ 111E m11111H1111111 sa5 0 11 s j Trace lifts from:

1. Exterior windshield
2. Exterior roo.f

4 11111111 m,1 ~111111111m 111111111111111111 8060119 ITrace Llfts from:


1. Front Driver Seat
2. Rear Driver Seat/Middle
3. Rear Passenger Seat
4. Front Passenger Seat

s 11111111 ~,11m11111111111111111111111111111 °0 60120 Swabs from:

1. Driver door pull


2-. Driver d'o or release
3. Passenger door pull
4. .Passenger door-release
- - - - - -- -- - -
Seventy one (71) one dollar bills in U.S. currency, Block
6 Illllllllllll 11111111111111 ~111~11 IHI ~II es60121
Bag S882459

l)ATE: 8/2/2017 Relinqufshed by: Received by:


/) - ,...., - , ( -1 ,- ~~ - . •'? · 3-
, IM E: 2:29:23 PM / ->·· • --- L ,✓ r, -,, /~/
I -
~ ~~ _ r
;'/.>
----.
✓-------- -- - - - - - -- - ---
72
Po'.I Si? 1 of 2
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 7 of 8

GEORGIA BUREAU OF INVESTIGATION 10-0036-24-18


PROPERTY/EVIDENCE INVENTORY
~•~me of person From whom property was obtained: DATE: 8/2/20!7
--drcti .Warrant TIME: 2:29;23 PM

Location Where Propertv was Obtained: Gray Dodga Challenger, VIN 2C3COZAGl HH626105, G81 HQ, Decatur,.
DeKalb Co, GA

7 IIIJllll 11111 Im 11111 111111111111111IIII IIII a0G01 22 One (1) SCCY CPX-2 9rrim pistol with assolcated
' '
magazine which contained 8 rounds Including two (2)
Perfecta brand rounds-, one (1) RP round, four (4) WIN
brand rounds and one (1) PPU round. Serial# 440201

s Illlllll 111111111I1111 lllll llfll 1111111111111 8860123 I One (1)_U.$; $2 bill, Block Ba~ S882457
- -- - -- - - - - -- -- - - --
9 1111111111111~11 IJIII lllll llllf 1111111111111
- - - - -- - - -- --
B860124
- --
1
One (1) projectile fragni en.t
- - -
"..- LAST ENTRY • 1/,,,

1ATE: 8/2/2017 Relinquished by: Received by:


TIME: 2:29:23 PM / •/.'
"J ,'-- . 2 7°, fJ/~·'l✓·7 ~~

73
Page 2 of 2
Case 1:23-cv-05368-TWT Document 1-3 Filed 11/21/23 Page 8 of 8

74
Case 1:23-cv-05368-TWT Document 1-4 Filed 11/21/23 Page 1 of 2
Case 1:23-cv-05368-TWT Document 1-4 Filed 11/21/23 Page 2 of 2
Case 1:23-cv-05368-TWT Document 1-5 Filed 11/21/23 Page 1 of 2
Case 1:23-cv-05368-TWT Document 1-5 Filed 11/21/23 Page 2 of 2
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 1 of 18

Page _ 1_ of 1

College Park Police Department


Property Record
9/20/2017 17-08786,
DATE CASE NUMBER

3100 Godby Rd 14
OWNER ADDRESS

STATUS: (2) EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND OCOURTDATt

ITEMIZATION OF PROPERTY:
DESCRIPTION SERIAL NUMBER MOOEL NUMBER
FRAGMENT

BRIEF REASON F·oR CONFISCATION: .HOMICldE


-"--'--'---'-'--'---'--'----- - -- -- - - - -- ---

J. Joli 9/20/201 7 9:10


REPORTING OFFICER DATE TIME

PROPERTY OFF.ICER DATE TIME

COURT OFFICER DATE TIME

C~IME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

105
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 2 of 18

Evidence Submission Form


Division of Forensic Sciences
Georgia Bu~au of Inyestlgation

Tro~Gocllvn Numbor 1111m1111111m1m1m111111rn111

Case -Agencies
O Calle_g e Park Police Department 1708786
lhcldont Dato lhcldent co·1.mly Offenses:
07/31/2017 f ulton • Homlclde
•Officers
PogorzelskJ, Kevin kpogotwlskl @c.olfegep;:irkga.com; : (404) 761-3131 x:225
• Atlanta Judicial Circuit
• Fulton Co. District Attorn¢y

Individuals
Name Type Sex Race DOB FBI Deceased
DANGERFIELD, TROY Vlctlm M B·Black 09/11/1984 -~

Onto ofDoath: 8/31/2017 Del.aye-d Death: False

Cnuso of Oonth: SUBJECT WAS SHOT SEVERAL TIMES IN THE


ABDOMIN/-GROIN -AREA ANO WAS
P~ONOUNCE□- DECEASE_O AT ARRIVAL TO
GR.ADY MEMORIAL HOSPITAL-.
Drugs &
Poisons:
KEMP,TYRONE Subject M B-Black :.01/13/1991

Evidence
Typo: Blolo9lcal specimens Source Individual:
Agencv Item#: Location Collected: Exterior roof of vehicle
Description: Blood lifted· From the exterior roof of the victim's vehlde.
Requested Analysis: Serology / DNA
Type: Latent orfnt.s Source Individual:
A~1mcv ltcm#; Location Collected: Front driver door of vehide
Des.c rlption: Latent prints lifted tr:o.m the_fron_t driver door of .the yfctlm's vehld~.
Requested Analysis: Latent Prints Analysis
Tyf>i!: Ev1dence for Trace Analy.sls Source Individual:
Agencv Item#: Location Collec;:ted: E.'tlerlor windshield
Description: Trace Ufb; from the exterior wlndst)leld of the Victim's vehlde.
Requested Analysis: Fibers and Textiles; General Materials

VMSXMXl\·1 Complotcd By: P~ or.:.ol :;lt •. Kc·;or, (.:Q.!) 7o 1-:113 1 x:22 5 2017-DB-?3 11:12

l06
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 3 of 18

Page 1 of -'----

College Park Police Department


Property Record
·07/31/2017 17-08786'
DATE CASE NUMBER

3100 Godby Rd Bldg. 14


OWNER ADDRESS

STATUS: ~ EVIDENCE □ HOLD.FOR COUBT


PHONE NUMBER O FOUND 0COUR:TDATE

ITEMIZATION OF PROPERTY:
DESC.RfPTION SERIAL N.U MBER M,ODEL N.UMBER'
1 secy 9mm. Handgun (B860122) 440201 CPX·2
1 9mm. magazine
8 9mm. bullets

BRIEF REASON FOR CONFISCATION: Located fn vic(im!s·vefiicle during search warrant.

qet. K. PogorzelsKI o·a,2312011 1300


REiPORTING OFFICER DATE TIME

PROP.E RTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

103
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 4 of 18

Page 1 of _ _

College Park Police Department


Property Record
07/3:1/2017
DATE CASE NUMBER

3100 Godby Rd 14
OWNER ADDRESS

STATUS: [8] EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND O couRl'DATE

ITEMIZATION OF. PROPERTY:


DESCRIPTiON SERIAL NUMBER MODEL NUMBER
1 Henry candy bag

BRIEF REASON FOR CONFISCATION: _F_o_u~nd_ in_th_e_v_lc_tim


_ ·s_v_
eh_lC_lo_. _ __ __ _ _ _ _ __ _

Del K. Pogorzi:ilskl 08/11/2017. 1100


REPORTING OFFICER DATE TIME

PROPERTY OFFJCER DA.Tl:- TIME

COURT OFFICER DATE TIME

CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

10'1
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 5 of 18

Page 1 of 1

College Par k Police Department


Property Record
07/31/2017 17~08786
DATE CASE NUMBER

3100 Godby Rd Bldg. 14


OWNER "'.ti.DDRESS

STATUS: ~ EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND tJ COURT DATE
ITEMIZATION OF PROPE.R"f:Y:
DESCRIPTION SERIAL NUMBER MODEL NUMBER
1 $2.00 bill (8860123)

BRIEF REASON FOR CONFfSCATION: Located In victim's vehicle du.ring se~rc:h warrant

DeL K. Pogorzelskl 08/23/2017 1300


REPORTING OFFICER DATE TIME=

PROPERTY O,FFICER DATE TIME

C<;JURT OFFICE~ DATE TIME

CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

10 1
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 6 of 18

Page _1_ of 1

College Park Police Department


Prop~rty Record
07/31/2017 17--08786
OATE CASE NUMBER

3100 Godby R,d @ldg. 14


OWNER AO'ORESS

STATUS; [8] EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND 0 COURT DATE

ITEMIZATION OF PROPERTY:
DESCRIPTIO'N SERIAL NUMBER MOD.EL NUM~ER
$71 ,00 cash (8B60121)

BRIEF REASON FOR CONFISCATION: Localed In victim's vehicle -during search warrant.

Det. K. Pogorzelskl 08/23/2017 130,0


REPORTING OFFICER DATE TIME

PROPERTY OFFICER DATE TIME

COURT O_FFICER DATE TIME

CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

102
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 7 of 18

Page 1 of - '----

College Park Police Department


Property Record

07/31/2017 17-()8786
DATE CASE NUMBER

3J00 Godby Rd Bldg. 14


OWNER ADDRESS '

STATUS: ~ EVIDENCE d HOLD FOR COURT


PHONE NUMBER 0 FOUND 0 COURT 0/\Te
ITEMIZATION OF ·PROPERTY:
DESCRIPTION SER.IAL NUMBER MODEL NUN!BJ:=R .
Trace llfls (B8601 i 9)

B RIEF REASON FOR CONFISCATION:


_ Uf)ed from t11e. driv_(;!r seal and the rear driver seat/ mlddl,~I Qf the
vlcllm's .v~t1lcle during search wammt.

Oat. K. Pogorzelskl 08/23/2017 1·300


REPORTIN(; OFFICER DATE TIME

PROPERTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB (.OFFICER TAKING) DATE Tl.ME

DISPOSITION:

99
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 8 of 18

Page 1 of - '--

College Park Police Department


Property Record

07/31/2017 17-08786
DATE CASE NUMBER

3100 Godby Rd Bl~g___


. 1_4_ _ _ __ _ _ _ _ _ _ __
OWNER ADDRESS

STATUS: [8] EVIDENCE 0 HOLD FOR COURT


PHONE NUMB.ER 0 F01,./ND 0COURTD~TE

ITEMIZATION OF PROPERTY:
DESCRIPTION SERIAL NUMBER • MODEL ":'UMBER
Swabs (B860~ 20)

BRIEF REASON FOR CONFISCATION: Lifted from the driver <;foor pull of the victim'~ v.ehlcle durfng search
wammt.

Del. K. Pogar:zelskl 08/23/2017 _'1300


REl='ORTING OFFICER DATE TIME

PROPl;RTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB (OFFICER TAKING} DATE TIME

DISPOSITION:

lOO
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 9 of 18

Page 1 of 1

College Park Police Department


Property Rec.ord

07/3112'017 17--08786
DATE CASE NUMBER

3100 Godby Rd Bldg. 14


OWNER ADDRESS

STATUS : [8] EVIDENCE: 0 HOLD FOR COURT


Pl-:{ONE NUMBER 0 FOUNb □ COURT DATE

ITEMIZATIO.N OF PROPERTY:
□E-SCRIPTIO~ SERIAL NUMBER MODEL NUMBER
Blood Swab (B.B60116)

BRIEF ~EASON FOR CONFISCATION: l.;.lft~d from Ilia e)(terlor roqf"of tt,e ~lctlm's vehicle during search
wri'rr~ nt.

Del. K. P99orzeiski 08/23/2017 1300


REPORTING OFFIGER DATE TIME

PROPERTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAa (OFFICER TAKING) DATE TIME

DISPOSrTION :

97
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 10 of 18

Page 1 of 1

College Park Police Department


Property Record
07/31/2017 17-08786
DATE CASS NUMBER

3100 Godpy Rd Bldg. 14


OWNER ADDRESS

STATUS: [8] EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND □ COURT DATE

ITEMIZATION OF PROPERTY:
DBS.CRIPTION SERIAL NUMBER MODEL NUMBER
Trace lifts (6B60118)

BRIEF REASON FOR CONFISCATION: Llflep from the ~Xlijrlbr windshield of the victim's vehicle du.rlng
search warrant. •

Del. K. P99orzelskl 08/23/2017 1300


REPORTING OFFICER DATE TIME

PROPERTY OFFICER DATE TIME

COURT OFFICER DATE TIME

•CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

98
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 11 of 18

Page 1 of 1

College Park Police Department


.Property Record

.07/31 /2017 17~8786


DATE CASE NUMBER

3~00 Godby Rd 14
OWNER ADDRESS

STATUS: [8] EVIQEl)l,CE 0 HOLD FOR COURT


PHONE NUMBER D FOUND 0 CO)JRT DATE

ITEMIZATION 'OF PROPERTY:


DESCRIPTION • SERIAL NUMBER MODEL NUMBER
1 Magte'c h .45' cal bullet bqx

BRIEF REAS0'N FOR CONF.ISCATION: Found durlng,_s.,_.


e..ar....
ch_·....
wa .....r....
ra....ri_t 1_·
n_kl_lc~h-_en_._ _ _ _ __ _ __

Del. K. Pogorzelskl 08/11 /2017 11()0


REPORTING OFFICER DATE TIME

PijOPEBTY OFFICE.R DATE TIME

COURT OFFICER DATE TIME

0RIME LAB (OFFICER TAKING} DATE TIME

DISPOSITION·

89
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 12 of 18

Page _1_ of 1

College Park.Police Department


Property Record

07/31/2017 17-08786
DATE CASE NUMBER

Tyrone Kemp .3100 Godby Rd 14


·OWNER ADDRESS

STATUS: [8] EVIDEcN_CE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND □ COURT DATE

ITEMIZATION OF PROPERTY:
DESCRIPTION SERIAL NUMBER MODEL NUMBER
2 black rubber glo.ves

BRIEF REASON_FOR CONF_ISCATION: Found durlri'g search warrant lri tlie living room.

Del. K. Pogorzelskl 08/11/2017 1'100


REPQRTING OFFI.CER DATE TIME

P80P-ERTY OFFICER DATE i'IME

COURT ·OFFICER DATE TIME

CRIME LAEl (OFFICER TA!(ING) DATE TIME

DISPOSITION:

90
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 13 of 18

Page 1 or 1

College Park Police Department


Property Record

07/31/2017 17-08786
DATE CASE NUMBER

Tyrone Kemp 3100 Godby Rd. Bldg 14


OWNER ADDRESS

STATUS: {8j EVIDENCE 0 HOLD FOR COURT


PHONE NUMBER 0 FOUND 0 COURT DATE

ITEMIZATION OF PROPERTY:
DESCRIPTION SERIAL NUMBER MODEL NUMBER
1 Blk I-Craig Tablet 2MH78723BSl/13
t White Aeple I-phone (cracked)
1 Blk Samsunq cellphone A3LSPHM830

BRIEF REASON FOR CONFISCATION: Found during search warran t of apartment 6-R at 3100 Godby Rd.

Del. K. Pogorzelskl 08/23/2017 1100


REPORTING OFFICER DATE TIM E

PROPERTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB {OFFICER TAKING) DATE TIME

DISPOSITION :

87
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 14 of 18

Page 1 of 1

College Park Police Department


Property Record

07/31/2017 17-08786
DATE CASE NUMBER

Tyrone Kemp 3100 Godby Rd 14


OWNER ADDRESS

STATUS: [8l EVIDENCE 0 HOLD FOR COURT


PHONENUMBER D FOUND 0 COURT DATE

ITEM IZATION OF PROPERTY:


DESCRIPTION SER IAL NUMBER MODEL NUMBER
11 FC 9mm Bullets
25 .22 Cal Bullets
1 .25 Ca1 Magazine

BRIEF REASON FOR CONFISCATION: Found dL1ring search warrant In tho living room._ _ _ _ _ __

Del. K. Pogorzelskl 09/18/2017 1100


REPORTING OFFICER DATE TIME

PROPERTY OFFICER DATE TIME

COURT OFFICER DATE TIME

CRIME LAB (OFFICER TAKING} DATE TIME

DISPOSITION:

88
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 15 of 18

Page 1 of
--
College Park Police Department
Property Record

07/31/2017 17-08.786
DATE CASE NUMBE.R

J,100 Godby Rd 14
OWNER ADDRESS

STATUS: [8]'EVIDENCE 0 HOLC FciR COURT


PHONE NUMBER 0 FOUND 0 COURT DATE

ITE.M IZATION OF PROPERTY:


OESCRfPTION SERIAL NUMBER MODEL NUMBER
1 Blood Swab #1

BRIEF REASON FOR CONFISCATION: Localed on lhe ground of.the crime scene.

Det. K. Pogorzelskl 08ff1/2017 t .100


REPORTING OlfflCER DATE TIME

PRP.PERTY 9FF_
I CER DATE TIME

COURT OFFICER DATE TIMI;

CRIME LAB(OFFICER TAKING) DATE TIME

DISPOSITION:

83
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 16 of 18

fncident Report Related Property List


College Pork Pulic:e Dc:parrmc11t o:-;A. : J 7-0f/786

l Propo:rty O..'$erip11on :\fol.~ M1xkl I


Callh-,1·
CELLPHONE I APPLE I IPllONE
IV3lllc
I
Culur Si,ii.d flo'o , Q!\· 111\ll Jurudicliuu
lr,'f1,irc so.on I 1.0llfJ 1 EA L imd/1•
i;intu ) D.11 C INICI/ 1su1 e II l'~;il /1 IOAN
E\•id1~l1Ct1 olil OJIJ0.1 i
N:imc {uu1, fiir~L. Mi<ltllcl DOD R.)ce s~
l"!.IC
Kt!fil/1, Trro11t! Ant/w111• I 01/ JJ/ J!)!IJ 26 I B· I M
Nnti$
·Bet/roam floor

1-'rnpcrt)" l..).._
-..;rn [11lnrl M~I.:--" ~llltld C.iJjb,..-
2
T.·Wl.ET CRAIG
Co!nr Soul!llu. Vol11c Qty. ! .'nil Juri"1i,1i11ti
B/uck SO.DO TdJOO liA /.m:ulfi,
S111t11~ lli1e NIC.; SIM('~ l.nc-11 '1
E1•idtlllt'I! 0R/03/101 7
N11p1e il.J1"t, fioi,,.\llchllu) DOD -,\ $0 Sm
K11m , Trro1111 A11_tf10111• 0J/J,J/ /991 J(i B M

l~1W11g rm,mjlm,r

l'rtll""fl)'· Dc:scripllon M11ke :\l(MJ~I c~in,..,-


RUBBER GLOVES
Color Seri.ii :>:o. ValUi:- Q1y l) ml JuriJdl.liou
-
JJ/11ck $0,.f)O i.ooo EA Localfl,
Slatw o.i,~ NiC:/J Swle ~ l.o::'1t .:
Evftlc11cc 08/01/1017
N,ur1c fLM1, f1 ru, Mld,llel DOB ~\ i;e Se,.
Kem , Ti·roni: ~f,,i/rmw OJ/IJ/1991 26 Jj M
Nu1£.i
Lfrff1g romir/ /Ji11i11g rqom

4 l'rapl'!lf Do.lnptiuCI Mi l i ~lo<lcl C.1.illh""i"


BUl,f.t.:rs FC: 9MM
Colar SmJI 1'<11, V;ilui: (.)ty [Triil furi~klitlTI
so.oo 11:000 £,11 i.nc:11/lr
Slnt11> D.!lc NI(' ti S-t.ite il u.i.:.1I ,:
E\!id-e11,c 08/03120J 7·
:-latile (Lui. Fim , MIJ1Jlc:11 DOD .->,ac So
Rt!m , r\'rUtll! Ant/,011 ' ()VJJ/1991 26 .B- M
~
Lfri'11g ru1111,I Diuill,: room
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 17 of 18

Page _ 1_ or 1

College Park Police Department


Property Record

08/29/2017 17-08786
PATE CASE NUMBER

3100 Godby Rd. 14


OWNER ADDRESS
STATUS; [gJ EVIDENCE □ " HOLD FOR-,CQURT
PHONE NUMBER 0 FOUND □ GOURT DATE

ITEMIZATION OF PROPERTY:
bl:S'CRIPTION SERIAL NUMBER MODEL NUMBER
1 RP •.45 caliber.shell casing #2
1 RP-.45,callber shell caslng,.-:,#!J
~ - - - -- - -- - - - - - -~ - - - - -- - - -
1 RP-.45 caliber shell casino #4
1 RP .45 caliber shell casing #5

1 RP .45 caliber she.II casing #7


1 RP .45 caliber ~hell c·as·lng #8
1 RP ,.45 qallb.e·rsheli caslng -#14
1 .CBC .4·5 caliber shell easing #9

EiRIEF REASON FOR CONFISCATION: HOMICIDE _


LOCATED ON TH!: GROUND OF THE C.R"""'
t ,.,.,.:,:1E:: . :S.:.:. :_C:.::E,:..=
N:.; ;E:.-_ _ _ _ __ _ _ _ _ _ _ _ _ __
EVIDENCE WAS TRANSPORTED TO GBI BY J. JOLLY (CRIME SCENE TECH) ON..8/30/2017

J. Joli 8/29/2017 1104


REPORTING OFFICER DATE TIME

PROPERTY OFFICER O~TE TJME

COURT OFFICER O'ATE TIME

CRIME LAB (OFFICER TAKING) DATE TIME

DISPOSITION:

79
Case 1:23-cv-05368-TWT Document 1-6 Filed 11/21/23 Page 18 of 18

Page 1 of -'-------

College Park Police Department


Property Record

07/31/2017 17-08'786
DATE CASE NUMBER

--1r.<2Y. Dangc;;.
er__n=
el=-
d _ _ _ _ _ __ 3100 Godb Rd 14
O.WNER ADDRESS

STATUS: [8] EVIDENC.E 0 HOLD FOR COURT


PHQNE NUMBER □ FOUND 0 COURT b.ATE

ITEMIZATI.ON OF PROPERTY:
DESCRI.PTION SERIAL NUMBER MODEL. NUMBER
1 Apple cellpl)one F2LtDE4HFYC

BRIEF REASON FOR CONFISCATION: ~ Found


= ' - ~at
- ' the crime s:cene. #13. _ _ _ _ _ _ _ _ _ __
- ' ---'-'-'-'--'-..=c..c,.;..c..c.;....;c....c..::;_:_

Det. K. Pogor2.elski 09/18/2017 1100,


REPORTING OFFICER DATE TIME

PROPERTY OFFICER DATE TLME

COURT OFFICER DATE TIME

CRIME LAB (OFFI.CER TAKING) DATE TIME

DISPOSITION :

80
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TWT 440 42:1983cv
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