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34-22-0061 Narrative Report Redacted

34-22-0061 Narrative Report Redacted

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Kelsey Sanchez
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4K views31 pages

34-22-0061 Narrative Report Redacted

34-22-0061 Narrative Report Redacted

Uploaded by

Kelsey Sanchez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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South Carolina Law Enforcement Division Hay D. McMase, Governor onan ‘Bt (003) 737-9000 July 11, 2022 INVESTIGATIVE REPORT To: File 34-22-0061 FROM: Special Agent Dena Metzler RE: Criminal Sexual Conduct with a Minor [Victim / Juvenile) Galloway, David Bennett If (Subject) COUNTY: Newbeny Introduction On April 26, 2022, the South Carolina Law Enforcement Division (SLED) received a request for assistance from Newberry County Sheriff’s Office (NCSO), Sheriff Lee Foster. The request for assistance was in reference to allegations of a criminal sexual conduct with a minor (CSC) that occurred in Prosperity, SC. The alleged incident involved oc SLED Captain (Capt.) Jeff Kindley directed Special Agent (S/A) Dena Metder to conduct the investigation. CALEA An Accredited Low Enforcement Agcy File 34-22-0061 — Investigative Report July 11, 2022 Page 2 of 31 ‘Summary On April 27, 2022, S/A Metzler received a copy of the NCSO incident report 22-02671 (Attachment 1) and a copy of NCSO body wor camera (BWC) video (Attachment2). According to the NCSO incident report, on April 25, 2022, a sexual assault occurred at [I HI osperity, SC. The sexual assault involved 5 tttstssiSYd PE 2r< an 18-year-old subject, David Bennet Galloway II ‘S/A Metzler reviewed the NCSO BWC video, which consisted of the initial interview conducted ————— EE S S2:21er documented the review of the video ina Memorandum to the File (MTF) (Attachment 3). Hvis the following information to the NCSO responding deputy: He woke up al approximately 3:00 am. on the morning of April 25, 2022, and went to the kitchen for water. He was in the kitchen and could see that HR ict neadtignss wereon. He saw a boy in the driveway and| in the carport. Agent's Note: The boy was Inter identified as Galloway. walked into the carport and asked, “Who the hell is this boy?” told him that she did not know Galloway. Galloway walked down the road, and she came out to get her debit card from the car. a: asked Galloway who he was, and Galloway told him Tristan Martin fiom Chapin. Agent's Nore: Galloway disclosed in his interview to agents that he used the name “Tristan Martin” in order to conceal his real name. Galloway walked away and [MMalled him back. As he called him back Galloway ran. [went into the house to get dressed and immediately came back outside. III old him that Galloway was staying at iz: into his truck and drove off to look for Galloway | Galloway ducked behind a house and disappeared. led into the driveway of the house but did not see anyone. (III cturned to his house and told 10 g0 to bed File 34-22-0061 — Investigative Report July 11, 2022 Page 3 of 31 ER vies the following information to the responding deputy: On April 25, 2022, when she woke up [RE old her what happened. Later that day she spoke with the mother of REM let her know that Galloway snuck out of their house. Id her that Galloway's name was “Bennett.” [I tone changed, and [E> cgan to question if Galloway did anything to MEE 12x spoke to 2 mutual friend on the telephone. MM old the friend what happened, and that the boy’s name was “Bennett.” The friend told her that Galloway got in trouble in Chapin the previous January for having sexual intercourse with a young girl. On April 26, 2027 II collec [II ond ogain asked about EE RE ~ and walked away. Agent's Note: The frst ime [MM indicated the sex was not consensual to her was when II oer her oct File 34-22-0061 Investigative Report July 11, 2022 Page IS of 31 OnMey$,2022, 4 Meter nd S/A Leder iereved I Ce —————— Agent's Note: III xt nr consent the interview oj itside of her presence. The interview was audio and video recorded (Attachment 19). SMI ro vided the following information verbally and in a written statement (Attachment 20): On Monday April 25, 2022, she saw [EBB tne pecking tot and told her that she got into trouble and her phone was taken away. fold her that her dad caught a boy at her house. She said the only way for her to get out of trouble was to wreck hercar. She saw i: later in the day in the bathroom. She had been telling the story to some girls. ee: not tell anyone who the boy was, but she said that he was with with him. She osked I w [ responded that she did not know but that he went to| ‘She whispered to Yt ad asked if it was Galloway. her not to tell anyone. She said that| Lonfirmed it was but told laughed when she was tellingeveryone in the bathroom the story. ever told her that she was raped. She heard a couple illeged Galloway raped her. She texted and told her that she hoped she would not lie about the rape. told her that she just did not tell her the whole story. of days later that} lied to her in the past about an incident Jd her that [pocked her in a as not locked in the car involving a mutual friend, car and made her kiss; and that the kiss was consensual On May 19, 2022, SS/A Ledbetter interviewed IMME her residence located at [I [The interview was audio and video recorded (Attachment 21). _ the following information verbally and in a written statement (Attachment 22): She had known| |S the seventh grade, The way this past year was not the way sheacted inthe yearspast. She had observed] become depressed. a: in the past jirted with her. File 34-22-0061 — Investigative Report July 11, 2022 Page 16 of 31 white ins sine ang spring break. She heard rumors that issed. This occurred a week or two prior to 4 people EE ockes kiss her. She did not lock’ | her car and the kiss was consensual. She blocked a: her phone and had not spoken to her since that incident. She did not know if EEEEes raped by Galloway, butshe knew that [I 2d lied about what happened with On May 16, 2022, S/A Metzler and SS/A Ledbetter interviewed a: her residence icou her permission?” Barbier consented to SLED polygraph ‘examiner Capt. Bryan Jones reviewing the polygraph examination charts. ‘On June 13, 2022, Polygraph Examiner Martin Woods showed Capt. Jones and SS/A Dennis Coggins polygraph charts related to a polygraph he administered to Galloway. The charts and questions were stored on Woods’ laptop, and copies were not left with the SLED Polygraph Department. Capt. Jones and SS/A Coggins reviewed the questions and charts related to the polygraph. Using SLED’s standards, the scores Capt. Jones obtained did not meet the numeric threshold required to render a conclusive opinion. Therefore Capt. Jones’ results were No Opinion and SS/A Coggins agreed. Woods stated that after his test data analysis of the charts, he concluded that the results of the polygraph were No File 34-22-0061 Investigative Report July 11, 2022 Page 25 of 31 Deception Indicated. Due to the differing opinions about the results of the polygraph, a second. polygraph was requested. Barbier and Waizenhofer agreed to allow Galloway to participate in a SLED issued polygraph examination. ‘On June 23, 2022, SLED polygraph examiner S/A Scott Smith performed a polygraph examination on Galloway. S/A Smith’s examination results indicated no deception for the ‘questions, “Did you engage in sexual activity with BP itiou her consent?” and “Did you engage in sexual activity with MI vitout her consent in her car?" (Attachment 48) On June 26, 2022, S/A Metzler received a copy of the forensic extraction of Galloway's phone from Waizenhofer (Attachment 44). A review of the records for Galloway's phone did not yield any information or evidence pertinent to the investigation. ‘On May 1 1022, S/A Dena Metzler conducted a neighborhood canvas of the area surrounding dent but did not see or hearanything. His residence did have surveillance cameras on and around the property [I vas able to provide surveillance footage from April 25, 2022, from approximately 2:15 am. thru 3:30 am. (Attachment 45). S/A Metzler documented the review of the footage in a MTF (Attachment 46). idence at the time of the at his re ‘On May 2, 2022, S/A Metzler and SS/A Ledbetter submitted the evidence to the SLED Forensic Services Laboratory (Attachment 47), The results of the analysis were pending and will be included in an addendum upon receipt. ‘The following documents were obtained and attached: * Lexington County Sherriff’s Department incident report 21-019587 (Attachment 48) * Richland County Sheriff's Department incident report 21-10034608 (Attachment 49) File 34-22-0061 — Investigative Report July 11, 2022 Page 26 of 31 ‘* David Bennett Galloway III’s plea deal from his charges for the October 2021 incident (Attachment 50) * SLED Receipt for Property Forms (Attachment $1) ‘* Victim Notification Form (Attachment $2) © Written Statement of| Il log for Monday April 25, 2022 (Attachment 55) text messages with A A cachment 56) Conclusion The following statements are based upon facts obtained during the investigation: i: 16 years old and David Bennett Galloway ITI was 18 years old at the time of the incident on April 25, 2022 (Attachment 1). nd Galloway connected on Snapchat for the first time in the early moming hours of April 25, 2022. They immediately began exchanging Snapchat messages (Attachments 1, 2, 5, 7,11, 13,15, 17, 19, 23, 25, 27, 29, 37). Id agents ‘hat eo who Galloway was and about his prior criminal charges when they were sending Snapchat messages Attachment 7) residence fromllresidence at approximately 2:00 a.m. on April 25, 2022 (Attachments 5, 11, 13, 15, 17, 19, 23, 25, 29, 37). Galloway and a: in the back seat of her vehicle which was parked in the driveway in front of her residence (Attachments 2, 5, 7, 11, 13, 15, 17, 19, 23, 25, 27, 29, 37), fold agents that Galloway performed nonconsensual sex acts with in the backseat of her vehicle. The sexual acts included vaginal ‘penetration! was forced by Galloway to perform oral sex on him (Attachments 5 and 6). File 34-22-0061 Investigative Report July 11, 2022 Page 27 of 31 sexual intercourse (Attachments 5 and 6). * Galloway told agents that he performed consensual sex acts with Eel in the backseat of her vehicle. The sexual acts included digital penetration, vaginal penetration, — | (Attachment 37). * Galloway tod agents that BI ever said “No” or attempted to push him away (Attachment 37). * Galloway and were caught standing in the driveway after the sexual acts, by) |father,J (Attachments 2, 5, 7, 37). - the phone after jurned from searching for Galloway. Es lif Galloway made it back toll esicence (attachments 5, 7, 37). . "1 agents that III oer that she would wreck her ear to get her phone back (Attachment 15). them that she told her parents that she got raped to get her phone back (Attachments 31, 33,35). - fF on Snapchat on April 25, 2022. The Snap photo contained a text box containing the words “never want another boy to look or touch my body ever again in my life.” (Attachment 41). © Galloway completed a polygraph examination issued by Polygraph Examiner Martin Woods, which concluded no deception was indicated. Captain (Capt.). Bryan Jones and Senior Special Agent (SS/A) Dennis Coggins reviewed the questions and charts related to this polygraph. Capt. Jones’ results were No Opinion and SS/A Coggins agreed (Attachment 42), © Special Agent (S/A) Scott Smith performed a SLED polygraph examination on Galloway. S/A Smith's examination results indicated no deception (Attachment 47). File 34-22-0061 Investigative Report July 11, 2022 Page 28 of 31 ‘This report will be submitted to the proper prosecutorial authority for their review and any further action they deem appropriate. Dena Way ler ‘S/A Dena Metzler File 34-22-0061 — Investigative Report July 11,2022 Page 29 of 31 Attachments NCSO Incident Report 22-02671 MTF — Review of NCSO BWC Videos of Interviews UU Written Statement Data Dise 2 Written Statement | Data Nise 2 Data Dise 2 Follow Up Interview ‘ollow Up Interview Data Dice? I rio Writer Satenent Written Statement + Written Sttenent as Data Disc 2 EB nterview Written Statement | Data Disc 2 nterview Written Statement -} Data Dise 2 - intecview Written Statement Data Disc 2 Weitten Statement Data Disc 2+ a Written Statement 27. 28. 29, 30. 31 32. 33. 34, 35. 36. 37. 38. 39. 40. 41 42. 43. 44. 45. 46. 47. 48. 49. Sl. 52. 53. 34, 35, File 34-22-0061 Investigative Report July 11, 2022 Page 30 of 31 Data Disc 2 {interview Written Statement Data Disc 2 — Interview Written Statement Data Disc 2 —| Witersitenct Data Disc? I terview Written Statement Data Disc 2 Interview Ss Data Disc 2 [nterview MOI- ‘Sexual Assault Examination Report for Search Warrant Snap Inc. (Galloway & counts) Data Disc 2—Snap Inc. Production for Galloway’s and Third Party Polygraph Report for David Bennett Galloway III ‘SLED Polygraph Report for David Bennett Galloway III Data Disc 2 - Forensic Extraction of Phone for David Bennett Galloway III Data Disc 2 - Surveillance Footage from April 25, 2022, From Approximately 2:15am. thru 3:30 am. MIF Neighborhood Canvass and Surveillance Footage SLED Forensic Services Laboratory Submission Forms Lexington County Sheriff's Department Incident Report 21-019587 Richland County Sherriff's Department Incident Report 21-10034608 Copy of David Bennett Galloway III Plea from October 2021 Incident SLED Receipt for Property Forms Victim Notification Form Written Statement Written Statement Photos off Call Log for Monday April 25, 2022 56. File 34-22-0061 Investigative Report July 11, 2022 Page 31 of 31 *+Agent’s Case Management History maintained in the case file**

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