Official complaint provides details of police 'Altering a public record' in Grand Forks shooting
by Timothy Charles Holmseth on July 26, 2016, 8:07 A.M.. CST
Timothy Charles Holmseth
In Re: COMPLAINT
July 25, 2016
I am filing this Complaint against your Keeper of Records in regards to open records request I made to the Grand Forks Police Department regarding the pursuit and shooting of David James Elliott, which occurred on February 27-28, 2015.
I am confident you are familiar with this on-going issue because I have notified Grand Forks City Administrator Todd Feland, Grand Forks States Attorney David Jones, Grand Forks City Council, North Dakota Attorney General Wayne Stenehjem, University of North Dakota President Mark Kennedy (and Ed Schafer), Altru Health Systems, and others.
The City of Grand Forks is also aware I have motioned the United States District Court for an Emergency Injunction against your Department’s professed plans to completely destroy the aforementioned files based upon a ‘Special Order’ you created on June 26, 2016 at the height of my journalistic investigation and review of public records.
You also provided an on-camera sit-down interview to the Grand Forks Herald recently to discuss “body-cams”.
I have produced and published a You Tube video that provides an audio/visual guide to the basics of this Complaint, which you can view at: https://www.youtube.com/watch?v=To6NCQ9npr8
I think were on the same page.
TAMPERING WITH EVIDENCE
I have evidence the Grand Forks Police Department violated the law, breached the public trust, and defrauded my publication.
According to North Dakota Code 12.1-11-05 Tampering with public records, it is a felony for a public servant to “Knowingly makes a false entry in or false alteration of a government record.”
I have received Body-Cam evidence from your Department that has clearly been tampered with to create an optical illusion and trick the public into believing the shooting of David James Elliott occurred at a time that it did not.
The illegal alterations may have been motivated in part by an attempt to conceal a ‘first failed attempt’ by a police officer to shoot David Elliott, which makes every single action taken to alter these public records part of a serious conspiracy crime.
In short, the time stamps on multiple Body-Cams I purchased do not even remotely coordinate to the events being observed in corresponding officer squad car Dash-Cams.
The Body-Cam video shows the shooting happening at 12:35 A.M. (and 12:36 A.M.); Dash-Cam shows the shooting happening at 12:47 A.M.
This video file begins with a very quick flash of video image that shows David James Elliott sitting atop the Columbia Road Bridge in his vehicle at 12:27 A.M., February 28, 2015.
After the quick flash showing David Elliott at 12:27 A.M., 623117GI is then REDACTED and is completely black. After two minutes and forty nine seconds (2:49) of redaction, audio returns but no image can be seen because it appears the police officer has placed his coat over the camera lens. It remains that way until 7:50 on the file procession in my media player when gun shots can be heard at time-stamp 12:35 A.M.
When seven minutes and fifty seconds are added to the clock time of 12:27 A.M., the shooting appears to occur at around 12:35 A.M.
That orchestrated timing is evidence of the very careful and methodical work put into altering these files to create a false reality in the mind of the public about this shooting.
In AVI file G23117GK the same method of editing is used as was in AVI file 623117GI.
At the beginning of the file there is a quick flash that shows police and a deputy’s car sitting behind David Elliott’s vehicle atop the Columbia Road Bridge at 12:27 A.M.
After the quick flash, the file is immediately REDACTED and remains that way for about four minutes and ten seconds (4:10). Body-Cam footage then appears of an officer in his car. The gun-shots can be heard when the time-stamp says 12:36 A.M.
Notably, the shooting does not even happen at the same minute marker on the two Body-Cams – probably because faking cam evidence and time-stamps is difficult to line up.
THE BODY-CAMS DON’T MATCH EACH OTHER OR MATCH SQUAD CAR DASH-CAMS
Dash-Cam video from the squad car of GFPD Chris Brown shows David Elliott rolling along on flat tires in front of Altru hospital’s Emergency Room and shots can be heard at 12:47 A.M.
Dash-Cam video from the squad car of GFPD Dan Harvala also reveals the shooting occurred at 12:47 A.M.
Obviously, that time does not match the shooting times on the Body-Cams – not even close.
Notably, the Harvala squad car Dash-Cam video that is trained onto the shooting scene in the distance has been converted from color to black and white, which obscures the details.
AVI file G76117LY is the Body-Cam of GFPD Sgt. Mark Ellingson. It begins at 12:39 A.M. The shooting has already happened.
But – as I have already pointed out - the Dash-Cam shows the shooting took place at 12:47 A.M.
It appears ALL of the Body-Cam files I received have been tampered with and altered.
TRUE TIME OF THE SHOOTING
The true time of the David James Elliott shooting is most likely 12:47 A.M. when the shooting can be heard over Dan Harvala’s Body-Cam microphone as his Dash-Cam reads 12:47:22 A.M.
According to squad car Dash-Cam, David Elliott is sitting atop the Columbia Road Bridge in his vehicle long after 12:35 A.M. – so he was NOT shot at that time.
Dash-Cam shows squad cars following David Elliott slowly down the Columbia Road Bridge and into the Altru parking lot where he is shot at 12:47 A.M.
OFFICIAL TIME OF THE SHOOTING
You, Mr. Nelson, sat alongside Grand Forks County Sheriff Bob Rost and University of North Dakota Police Chief Eric Plummer during a televised joint press conference several days after the shooting and announced the shooting occurred around 12:45 A.M.
That fact alone proves that YOU KNOW the shooting did NOT happen at 12:35 or 12:36 A.M. as shown in the tampered with Body-Cam files.
Strangely, after three days, and access to all the camera evidence, you and your law enforcement colleagues couldn’t/wouldn’t even tell the public the exact time of the shooting. Instead, you provided an approximate time for the shooting, which was two and a half minutes off, when you can actually hear the gunshots begin at 12:47:22.
I have evidence that UND Police Officer Jerad Braaten attempted to shoot David James Elliott while they were atop the Columba Road Bridge but Braaten’s gun jammed. It is a matter of ND BCI records that a cartridge from Braaten’s firearm was found on the bridge.
It is also a matter of ND BCI investigative records that Braaten’s Body-Cam was found by investigators underneath his squad car after the shooting where he attempted to hide it; his Dash-Cam disappeared completely; not available at all.
UNDPD records show Braaten was disciplined in writing by Eric Plummer for his actions involving camera evidence.
You, Mr. Nelson, subsequent to all of this, hired Jerad Braaten onto your Department to the exception of other candidates.
NORTH DAKOTA STATE LAW
North Dakota state law guarantees me the right to un-edited/un-altered public records.
Cc: Todd Feland, University of North Dakota President Mark Kennedy, Ed Schafer, Grand Forks States Attorney David Jones, UND Chief Eric Plummer, Altru Health Systems/Safety Commission, ND AG Wayne Stenehjem, PSAP Director Becky Ault, Grand Forks City Council, Steve Wagner/Herald