UNITED STATES DISTRICT COURT EASTERN DISTRlCT OF LOUISIANA FELONY INDICTMENT FOR DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USE OF A WEAPON DURING COMMISSION OF A CRIME OF VIOLENCE, OBSTRUCTION OF A FEDERAL INVESTIGATION, USE OF FIRE TO COMMIT A FELONY, FALSE STATEMENTS, AND FALSE STATEMENTS TO A GRAND JURY UNITED STATES OF AMERICA v. DAVID WARREN DWAYNE SCHEUERMANN GREGORY MCRAE ROBERT ITALIANO TRAVIS MCCABE * CRlMINAL DOCKET NO. * SECTION: * VIOLATIONS: 18 U.S.C. 242 18 U.S.c. 924(c) & G) * 18 U.S.C. 1519 18 U.S.C. 844(h) * 18 U.S.C. 1001 18 U.S.C. 1623 * * * The Grand Jury charges that: COUNT 1 (Deprivation ofrights Under Color of Law) On or about September 2, 2005, in the Eastern District of Louisiana, defendant, DAVID WARREN, while acting under color of law as a police officer with the New Orleans Police Department, shot Henry Glover without legal justification, willfully depriving him of the right, secured and protected by the Constitution and laws ofthe United States, to be free from the use of unreasonable force by a law enforcement officer. The offense involved the use of a dangerous weapon and resulted in bodily injury to, and the death of, Henry Glover; all in violation oftitle 18, United States Code, Section 242.
COUNT 2 (Use of Weapon During Commission of a Crime of Violence) On or about September 2, 2005, in the Eastern District of Louisiana, defendant, DAVID WARREN, knowingly used, discharged, and carried a firearm during and in relation to, and possessed a firearm in furtherance of, a felony crime ofviolence prosecutable in a court ofthe United States; that is, the defendant possessed, carried, discharged, and used a.223 caliber SIG ARMS, Inc., Model SG 550-ISP rifle, with serial number 80002, during the commission ofthe civil rights offense charged in Count 1 and incorporated herein. In the commission ofthis offense, the defendant caused the death ofhenry Glover through the use and discharge ofthe firearm. Glover's death involved circumstances constituting murder as defined in Title 18, United States Code, Section 1111; all in violation of Title 18, United States Code, Sections 924(c) and 0). COUNT 3 (Deprivation of Rights Under Color of Law) On or about September 2,2005, in the Eastern District oflouisiana, defendants, DWAYNE SCHEUERMANN and GREGORY MCRAE, while acting under color oflaw as police officers with the New Orleans Police Department, and while aiding and abetting one another, kicked and hit E.K. and W.T. without legaljustification, willfully depriving them ofthe right, secured and protected by the Constitution and laws ofthe United States, to be free from the use ofunreasonable force by law enforcement officers. The offense resulted in bodily injury to E.K. and W.T.; all in violation of Title 18, United States Code, Sections 242 and 2. 2
COUNT 4 (Deprivation of Rights Under Color of Law) On or about September 2,2005, in the Eastern District oflouisiana, defendants, DWAYNE SCHEUERMANN and GREGORY MCRAE, while acting under color oflaw as police officers with the New Orleans Police Department, and while aiding and abetting one another, unreasonably seized W.T.'s vehicle (a 2001 Chevrolet Malibu) by burning it without legal justification, thereby depriving W.T. ofthe right, securedand protectedby the Constitution and laws oftheunited States, to be free from an unreasonable seizure by law enforcement officers. During the offense, the defendants used fire and a dangerous weapon; all in violation of Title 18, United States Code, Sections 242 and 2. COUNTS (Deprivation of Rights Under Color of Law) On or about September 2, 2005, in the Eastern District of Louisiana, defendants DWAYNE SCHEUERMANN and GREGORY MCRAE, while acting under color of law as policeofficerswiththeneworleans PoliceDepartment, andwhile aiding and abetting one another, burned the body of Henry Glover, which was inside a 2001 Chevrolet Malibu, without legal justification, thereby depriving Glover's decedents of rights secured and protected by the Constitution and laws ofthe United States; those are, the rights to have access to courts and to seek legal redress for a harm. During the offense, the defendants used fire and a dangerous weapon; all in violation oftitle 18, United States Code, Sections 242 and 2. 3
COUNT 6 (Obstruction of a Federal Investigation) On or about September 2, 2005, in the Eastern District oflouisiana, defendants, DWAYNE SCHEUERMANN and GREGORY MCRAE, in relation to and in contemplation of a matter within the jurisdiction ofthe Federal Bureau ofinvestigation (FBI), an agency ofthe United States, aided and abetted one another in knowingly destroying evidence, with intent to impede, obstruct, and influence the investigation and proper administration of the matter within federal jurisdiction. That is, the defendants burned a 2001 Chevrolet Malibu, containing the body ofhenry Glover and other evidence, with the intent to impede, obstruct, and influence the investigation ofthe September 2, 2005, shooting ofhenry Glover by a New Orleans Police Department Officer; all in violation oftitle 18, United States Code, Sections 1519 and 2. COUNT? (Use of Fire to Commit a Felony) On or about September 2,2005, in the Eastern District oflouisiana, defendants, DWAYNE SCHEUERMANN and GREGORY MCRAE, while aiding and abetting one another, knowingly used fire to commit violations of Title18, United States Code, Sections 242 and 1519, felonies prosecutable in a court ofthe United States, as charged in Counts 4,5, and 6 ofthis indictment and incorporated herein; all in violation oftitle 18, United States Code, Sections 844(h) and 2. COUNT 8 (Obstruction of a Federal Investigation) On or about December 2,2005, in the Eastern District oflouisiana, defendants, ROBERT ITALIANO and TRAVIS MCCABE, in relation to and in contemplation ofa matter within the 4
jurisdiction ofthe Federal Bureau ofinvestigation (FBI), an agency ofthe United States, aided and abetted one another in knowingly altering, concealing, covering up, falsifying and making false entries in documents with intent to impede, obstruct, and influence the investigation and proper administration ofa matter within federal jurisdiction. That is, in or about November and December, 2005, the defendants authored and submitted a false and misleading official report with the intent to impede, obstruct, and influence the investigation ofthe September 2,2005, shooting and burning of Henry Glover; all in violation oftitle 18, United States Code, Sections 1519 and 2. COUNT 9 (False Statements) On or about April 21, 2009, in the Eastern District of Louisiana, defendant, ROBERT ITALIANO, knowingly and willfully made materially false statements and representations in a matter within the jurisdiction ofthe FBI, an agency of the executive branch of the United States, when he told FBI agents investigating the shooting and burning ofhenry Glover that: (l) no report was written after the shooting by Officer David Warren on September 2,2005; (2) that no missing persons reports were being generated after Hurricane Katrina; and (3) that he was not aware of a connection between the September 2, 2005, shooting by Officer Warren and the burning ofa car and body behind the Patterson Road Levee. In truth and in fact, as ITALIANO then well knew: (1) a report was written after the September 2,2005, shooting by Officer Warren; (2) a missing persons report was generated for Henry Glover; and (3) he was aware that there was a connection between the Officer Warren shooting and the burned car and body behind the Patterson Road Levee; all in violation oftitle 18, United States Code, Section 1001. 5
COUNT 10 (False Statements) On or about July 16, 2009, in the Eastern District of Louisiana, defendant, TRAVIS MCCABE, knowingly and willfully made materially false statements and representations in a matter within the jurisdiction ofthe FBI, an agency ofthe executive branch ofthe United States, when he told FBI agents investigating the shooting and burning ofhenry Glover: (1) that he, in collaboration with Sergeant Purnella Simmons, wrote and typed the incident report thatdocumented the September 2,2005, shooting by David Warren; (2) that he interviewed Officer Linda Howard with Sergeant Simmons before writing the incident report; and (3) that the incident report submitted to the New Orleans Police Departmentwas true and accurate. In truth and injact, as MCCABEthen well knew: (1) he did not write the incident report in collaboration with Purnella Simmons; (2) he did not interview Linda Howard; and (3) the incident report submitted to the New Orleans Police Department was false and inaccurate; all in violation oftitle 18, United States Code, Section 1001. COUNT 11 (False Statements to a Grand Jury) On or about July 31, 2009, in the Eastern District of Louisiana, defendant, TRAVIS MCCABE, did knowingly make a material declaration under oath in a proceeding before a grand jury ofthe United States. Specifically, MCCABE testified falsely: (1) that he, in collaboration with Sergeant Purnella Simmons, wrote the incident report which documented the September 2,2005, shooting by David Warren, (2) that he interviewed Officer Linda Howard before writing the incident report; (3) that he did not connect the David Warren shooting to the burned car on the Patterson Road Levee until it appeared in the newspaper; and (4) that the incident report submitted to the New 6
Orleans Police Department was true and accurate. In truth and in fact, when MCCABE made these statements, (1) he knew that he did not write an incident report in collaboration with Purnella Simmons; (2) he knew that he did not interview Linda Howard; (3) he knew that he had been aware, since 2005 (prior to any media reporting), that the David Warren shooting and the burned car on the Patterson Road Levee were connected; and (4) he knew that the incident report submitted to the New Orleans Police Department was false and inaccurate; all in violation oftitle 18, United States Code, Section 1623. A TRUE BILL: FOREPERSON J N MASELLI MANN First Assistant United States Attorney Louisiana Bar Roll Number 9020 ~----~ TRACEY N. KNIGHT Assistant United States Attorney Louisiana Bar oil Number 23165 REDH F SHMAN Trial Atto ey, Civil Rights Division United States Department ofjustice Maryland Bar Number 04-1214-0250 New Orleans, Louisiana June 11,2010 7