Police Report
Posted by admin on June 2, 2008STATE OF INDIANA, COUNTY OF MARION, SS:
PROBABLE CAUSE AFFIDAVIT
Date/Time Printed: 01/21/2007 8:24:08AM
Defendant Name: Shabazz, Waleed N
Location of Incident: 250 S. Meridian St.
Date of Incident: 01/21/2007 Time: 03:15:00 Case Number: 070010532
Slated Charges: Battery FD< RESISTING LAW ENFORC< PUBLIC INTOXICATION, DISORDERLY CONDUCT
Arresting Officer: Shaughnessy, Joshua IMPD
Officer ID: 20196
Agency: INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT
ON SUNDAY, JANUARY 21, 2007 AT APPROX 3:15am, I, OFFICER JOSHUA SHAUGHNESSY, A FIVE AND A HALF YEAR VETERAN FOR THE IMPD WAS WORKING OFF-DUTY EMPLOYMENT FOR THE RED EYE CAFÉ RESTAURANT AT 250 S. MERIDIAN STREET. I WAS STANDING INSIDE THE ENTRANCE IN THE RESTAURANT WHICH WAS FULL OF NUMEROUS CUSTOMERS WAITING TO BE SEATED. THROUGH THE FRONT DOORS, I NOTICED A SUBJECT, LATER IDENTIFIED AS WALEED N. SHABAZZ, A BLACK MALE, DOB 08-03-1975, SHOUTING AND SCREAMING AT ANOTHER IDENTIFIED SUBJECT ON THE SIDEWALK. I NOTICED MR. SHABAZZ BECAUSE HE WAS DRAWING ATTENTION TO HIMSELF AND INVOLVED IN A HEATED, VERBAL ALTERCATION WITH ANOTHER SUBJECT. I SAW THE OTHER SUBJECT WALK AWAY FROM MR. SHABAZZ AND ENTER THE RESTAURANT. I CONTINUED TO WATCH MR. SHABAZZ OUTSIDE AS HE WAS DRAWING ATTENTION TO HIMSELF. I SAW THAT MR. SHABAZZ CONTINUED TO YELL AND MAKE HAND GESTURES TO THE OTHER SUBJECT WHO WAS NOW INSIDE THE RESTAURANT. MR. SHABAZZ WAS CLEARLY ATTEMPTING TO GET THE OTHER SUBJECT TO WALK BACK OUTSIDE TO THE SIDEWALK AREA TO ENGAGE MR. SHABAZZ IN A PHYSICAL ALTERCATION. MR. SHABAZZ REPEATEDLY HIT HIS FITS ON HIS HAND AND YELLED AT THE OTHER SUBJECT TO COME OUT SO THEY COULD “GET IT ON”. SEVERAL CUSTOMERS WHO THEN WALKED INTO THE RESTAURANT AT THE SAME TIME ALSO TOLD ME THAT MR. SHABAZZ HAD BEEN “BOTHERING WOMEN OUTSIDE” AND WAS “LOOKING FOR A FIGHT”. AT THE SAME TIME, MR. SHABAZZ OPPENED THE DOOR TO THE RESTAURANT AND CAME INSIDE. MR. SHABAZZ IMMEDIATELY CONTINUED YELLING AT THE OTHER SUBJECT ATTEMPTING TO GET HIM TO FIGHT. ALL OF THE LOBBY AREA WAS FULL OF NUMEROUS CUSTOMERS. MR. SHABAZZ STOOD JUST INSIDE THE DOORWAY SHOUTING AND YELLING. HIS SPEECH WAS SLURRED, HIS CLOTHING WAS DISHEVELED, AND HE STAGGERED AS HE WALKED WITH POOR BALANCE. BECAUSE MR. SHABAZZ WAS CREATING A DISTURBANCE AND CLEARLY ATTEMPTING TO CAUSE A FIGHT, I APPROACHED MR. SHABAZZ IN AN ATTEMTP TO KEEP PEACE AND ENCOURAGED MR. SHABAZZ TO MOVE ALONG. THE RESTAURANT DID NOT WISH TO HAVE INTOXICATED PERSONS INSIDE THE BUSINESS CAUSING DISTURBANCES. I TOLD MR. SHABAZZ THERE WAS NO REASON TO CAUSE A FIGHT AND ENCOURAGED HIM TO LEAVE. DESPITE BEING TOLD THAT HE NEEDED TO LEAVE THE RESTAURANT, MR. SHABAZZ REFUSED TO DO SO, MR. SHABAZZ SAID “ILL DO WHAT I FUCKING WANT, AND I AINT LEAVING”. AS I GOT CLOSER TO MR. SHABAZZ I COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH AND ABOUT HIS PERSON. MR. SHABAZZ’S SPEECH WAS SLURRED, AND HE WAS EXTREMELY COMBATIVE. IT WAS CLEAR THAT MR. SHABAZZ WAS INTOXICATED. AFTER NUMEROUS ATTEMPTS TO GET MR. SHABAZZ TO LEAVE THE LOBBY AND DOORWAY AREA ON HIS OWN, MR. SHABAZZ REPEATEDLY REFUSED. I THEN REACHED OUT TO ESCORT MR. SHABAZZ FROM THE BUSINESS. AS I BEGAN TO ESCORT MR. SHABAZZ TOWARD THE DOORWAY, MR SHABAZZ IMMEDIATELY STRUCK MY RIGHT FOREARM. I DID HAVE TEMPORARY PAIN IN MY ARM AS HE IMPACTED MY ARM WITH FORCE. AS I GRABBED MR. SHABAZZ’S LEFT WRIST TO PREVENT FURTHER BATTERY, MR. SHABAZZ STRUCK ME IN MY CHEST WITH HIS RIGHT ARM AND RIGHT FIST. MR. SHABAZZ STRUCK ME HARD ENOUGH IN MY CHEST TO CAUSE ME TO TAKE A SMALL STEP BACKWARDS. I THEN TOOK HOLD OF MR. SHABAZZ’S RIGHT ARM AND PUSHED HIM OUTSIDE OF THE BUSINESS ONTO THE SIDEWALK. I TOLD MR. SHABAZZ MULTIPLE TIMES TO PLACE HIS HANDS BEHIND HIS BACK, BUT HE REFUSED. IN ADDITION TO REFUSING TO COMPLY, MR. SHABAZZ IMMEDIATELY STIFFENED HIS RIGHT ARM AND BEGAN TO PULL HIS ARM AWAY FROM ME WITH FORCE. MR. SHABAZZ REPEATEDLY SIA D’QUIT FICKING TOUCH ME,” AS HE ATTEMTPED TO PULL AWAY. MR. SHABAZZ ALSO BEGAN MAKING SEVERAL THREATS SAYING “ILL FUCK YOU UP IF YOU DON’T LEAVE ME ALONE” AND ALSO SAYING “ILL SEE YOUR ASS. I’M AN ENTERTAINER.” DURING THIS TIME, AN UNIDENTIFIED ACQUAINTANCE OF MR. SHABAZZ ARRIVED ON THE SCENE. HE WAS LATER IDENTIFIED POSSIBLY AS A CONCERT PROMOTER WHO WAS FAMILIAR WITH MR. SHABAZZ. THE ACQUAINTANCE APPROACHED MR. SHABAZZ AS HE WAS FIGHTING WITH ME, AND IMMEDIATELY BEGAN TELLING MR. SHABAZZ TO “STOP FIGHTING AND RESISTING OR ELSE HELL PUT A RESISTING CHARGE ON YOU. JUST PUT YOUR HANDS BEHIND YOUR BACK AND DO WHAT HE SAYS.” DESPITE EVEN THE ADVISED OF HIS ACQUAINTANCE, MR. SHABAZZ CONTINUED TO RESIST WITH INCREASED FORCE. I HAD TO WRESTLY MR. SHABAZZ OVER TOWARD A PARKED CAR ALONG THE CURB AND FORCEFULLY PULL MR. SHABAZZ’S HAND BEHIND HIS BACK IN ORDER TO PLACE HANDCUFFS ON HIS WITH GREAT EFFORT. AFTER FINALLY BEING PLACED IN HANDCUFFS, MR. SHABAZZ BACAME EVEN MORE VERBALLY COMBATIVE AND BELLIGERENT. A SHORT TIME LATER, MR. SHABAZZ’S WIFE ARRIVED ON SCENE AND ASKED WHAT WAS GOING ON. SHE EXPLAINED THAT MR. SHABAZZ “HAD BEEN DRINKING AND HAD A FEW DRINKS” AND ASKED IF SHE COULD JUST TAKE HIM HOME. I EXPLAINED TO HER THE MR. SHABAZZ HAD BEEN ASKED TO LEAVE, REFUSED TO DO SO, AND THEN STRUCK ME SEVERAL TIMES AS I ATTEMPTED TO GET HIM TO LEAVE. DURING THIS TIME MR. SHABAZZ CONTINUED SCREAMING VERY LOUDLY THAT HE WAS GOING “FUCKING SUE YOU”, AND SCREAMING AT HIS WIFE TO GET EVERYONE’S NAME. MR SHABAZZ CONTINUED TO DISPLAYING MOOD SWINGS, AND AGGRESSIVE DRUNKEN BEHAVIOR. MR. SHABAZZ ALSO BEGAN MAKING THREATS TO ME WHILE HANDCUFFED. MR. SHABAZZ SAID, “WHY DON’T YOU TAKE THESE CUFFS OFF AND SEE WHAT HAPPENS.” HE ALSO SAID, “YOU TAKE THESE CUFFS OFF SO YOU AND ME CAN GO AT IT”. MR. SHABAZZ ALSO CONTINUED TO MAKE THREATS OF LEGAL ACTION BECAUSE I WAS ARRESTING HIM FOR HIS DRUNKEN BEHAVIOR. THERE WAS A LARGE CROWD GATHERING TO WATCH MR. SHABAZZ’S RUCKUS BEHAVIOR. NUMEROUS PASSING MORORISTS ALSO SLOWED OR EVEN STOPPED DUE TO MR. SHABAZZ’S CONTINUED SCREAMING AND YELLING. ALTHOUGH I TOLD MR. SHABAZZ TO WUIET DOWN NUMEROUS TIMES, HE REFUSED TO DO SO AND KEPT YELLING AND SCREAMING OBSCENITIES AND THREATS. MR. SHABAZZ WOULD MAKE THREATS OF FOILENCE AND LEGAL ACTION AGAINST ME. A SHORT TIME LATER, HIS MOOD WOULD CHANGE AND MR. SHABAZZ WOULD CALMLY ASK IF I WOULD LET HIM GO. MR. SHABAZZ PROMISED IF I LET HIM GO, HE “WOULDN’T DO ANYTHING”, AND THAT HE WOULD NOT SAY ANYTHING OR SUE ME. MR. SHABAZZ ALSO MADE NUMEROUS REFERENCES TO THE FACT THAT HE WAS ALLEGEDLY A SUCCESSFUL HIP HOP ARTIST WITH POWERFUL FINANCIAL RESOURCES TO “FUCK YOU UP”. BECAUSE MR. SHABAZZ FORCEFULLY STRUCK ME AT LEAST TWICE, I ARRESTED MR. SHABAZZ FOR BATTERY ON LAW ENFORCEMENT, FD. BECAUSE MR. SHABAZZ HAD FORCIBLY RESISTED MY ATTEMPTS TO PLACE HIM IN HANDCUFFS AND FULL AWAY, I ARRESTED MR. SHABAZZ FOR RESISTING LAW ENFRCEMENT, MA. BECAUSE I HAD SEEN MR. SHABAZZ CLEARLY INTOXICATED ON THE BUPLIC SIDEWALK AND ALSO IN THE PUBLIC RESTAURANT, I ARRESTED MR. SHABAZZ FOR PUBLIC INTOXICATION. BECAUSE MR. SHABAZZ REFUSED TO STOP YELLING OBSCENITIES AND THREATS OR PHYSICAL VIOLENCE TO ME, BECAUSE I AM ARRESTING HIM FOR HIS OBVIOUS DRUNKENNESS IN PUBLIC, I ARRESTED MR. SHABAZZ FOR INTIMIDATING, FD. I TOOK MR. SHABAZZ’S THREATS SERIOUSLY DUE TO HIS RESISTING ME DURING ARREST AND ALSO HIS VERY SPECIFIC THREATS. I LATER SPOKE TO WITNESS DANIEL MCNEIL, WHO TOLD ME THAT HE HAD ALSO SEEN MR. SHABAZZ STRIKE ME AS I ATTEMPTED TO ENCOURAGE HIM TO LEAVE THE BUSINESS AND BE ON HIS WAY. MR. MCNEIL WHO IS A HOSTESS AT THE RESTAURANT STATED THAT HE ALSO OBSERVED MR. SHABAZZ CONTINUE TO RESIST ME FORCEFULLY OTUSIDE THE RESTAURANT. AFTER I DID ARREST MR. SHABAZZ, THERE WERE TWO IMPD SERGEANTS WHO WERE ALSO ON SCENE WHO WITNESSED MR. SHABAZZ’S OUTRAGEOUS BEHAVIOUR. MR. SHABAZZ WAS TRANSPORTED TO APC PER HIS REQUEST. MR. SHABAZZ’S WIFE TOOK CONTROL OF A SMALL AMOUNT OF HIS PERSONAL PROPERTY ON SCENE. ALL EVENTS OCCURRED IN INDIANAPOLIS, MARION COUNTY, INDIANA.
SIGNED I SWEAR OR AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE ABOCE FACTS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT I LEARNED THESE FACTS FROM ANOTHER LAW ENFORCEMENT OFFICER.
PROBABLY CAUSE FOUND TO ORDER WARRANT OR SUMMONS ISSED FOR DEFENDANT
JUDGE, MARION SUPERIOR COURT
ELIZABETH L. WHITE
JOSHUA SAUGHNESSY