****CASE STATUS REPORT******************* OPEN ---A.

LT. WM. FIELDS

SPRINGDALE POLICE

513-346-5760

DRF 12/05/01

I01-17925 Fugitive Warrant

SUSPECT: Clayton Lee Waagner

ADDRESS LOCATED 11338 Princeton Pike Springdale Oh 45246 Kinko,s Copies

LOCATION OF OFFENSE: Escape from custody in Illinois (Feb 2001)

DETAIL OF ACTIVITIES :

12/05/2001 I was traveling on Kenn Rd. at about 12:50 when I heard radio dispatch for 8P13 (P.O. Barrie Norris) to respond to Kinko's on Princeton Pike. Information received was that a wanted person was in the store. 8P14 (P.O. David Buschmann) was dispatched as a back-up officer. They were both told to check the MDT (mobile data terminal) for further information. I was headed to the area of Kinko's to see if an unmarked unit could be of assistance. While enroute I heard radio traffic from the responding officers that named the suspect as Clayton Waagner. I recalled the U.S. Marshal's Top 15 Wanted poster that was received in September 2001. I then heard Captain Hafer advise he was in the area of Kinko's and was responding to assist. I decided to respond to the police station and get the poster and take it to Kinko's for a positive identification. I retrieved the poster from the bulletin board. Then heard further radio traffic from Chief Laage advising P.O. Norris that Waagner was dangerous and she should use extreme caution and advise the other officers on scene. I then heard that the suspect was in custody prior to my arrival at Kinko,s.

I arrived at Kinko's just as P.O. Buschmann was putting Waagner in his cruiser. I advised him I had the wanted poster. P.O. Buschmann looked at the poster and stated that was indeed Waagner he had in custody. P.O. Buschmann further advised that Waagner had admitted his identity.

P.O. Buschmann stated that Waagner's vehicle was parked in the parking lot at TGI Friday's. I followed P.O. Buschmann to the lot where Waagner pointed out a dark blue Mercedes-Benz that had Tennessee License Plate # JPP-545. The plate was registered to Charles W. Small 5111 Hunter Rd. Ooletwah Tennessee on a green 96 Ford 4 door. There were no NCIC wants on the plate. I checked the public VIN on the dash from outside the vehicle. VIN WDBLJ70G5XF077579. That number was checked and NCIC reported it was a stolen 1999 Mercedes from Fargo North Dakota the vehicle was reported stolen 11/05/2001.

P.O. Buschmann obtained the key from Waagner and then requested a tow truck be dispatched by the county communication center. I advised P.O. Buschmann I would wait for the tow truck. I advised him to transport the prisoner to the police station and I advised P.O. Norris to follow him and to contact the station and have another officer meet them in the prisoner garage when they arrive. There were several items inside the vehicle in the front and back seat. Captain Hafer waited with me at Friday's until the tow truck arrived the tow company was Springdale Automotive ({513}860-2760). When the driver arrived I advised him to ware gloves before entering the car.

Visible from the outside of the vehicle was a full size keyboard, a flat panel monitor in the front seat and a computer tower in the floor of the back seat. There was some type of luggage in the backseat and some clothing and what appeared to be other computer related items. The vehicle was not inventoried or searched it was kept as it was found. The tow truck driver drove the vehicle out of the parking space and the put it on the tow truck (flatbed) Captain Hafer and I followed the tow truck back to the police department. I finished filling out the tow slip had the driver sign it and gave him a copy for his records.

There were several members of the U.S. Marshals Service at the police department when we arrived back. The vehicle was placed in the security garage and the tow truck driver left. I requested that Waagner be photographed and fingerprinted at the P.D. by Detective James Grindle, for possible state charges for his conduct while in Springdale. The Marshals requested we inventory the property taken from Waagner so it could be transferred to their custody along with Waagner. I logged the property into the evidence log book under property number P01-772. The receipt was prepared. The property was sealed in an evidence bag and turned over to Deputy Marshal Jeff Neimer who signed for the property.

List of recovered property from Clayton Waagner:

1.      1 ea. Kahr K40 .40 caliber Semi-auto hand gun Serial # DJ0559

2.      1 ea. Magazine for above and 7 rounds of .40 Cal. Ammunition

3.      2 ea. Fuji Film 250 Mb zip disk

4.      3 ea. 1.44 Mb floppy disk

5.      20 ea. Identification cards assorted names and states with Waagner's photo

6.      Cash $8986.25

7.      6 ea. AAA batteries

8.      1 ea. Spy Source business card

9.      1 ea. USB to 9pin converter

10.  1 ea. Postage Stamp size color photo of Clayton Waagner

11.  1 ea. Fugitive Recovery Agent Badge (gold DOJ type)& Case I.D. Photo name Travis Franks (Waagner�s photo)

12.  1ea. 1999 Dk. Blue Mercedes Benz model CLK430 VIN. WBDLJ70G5XF077579

The tow company (Springdale Automotive) was contacted and requested to take the vehicle to the Marshals office. The driver returned and put the stolen Mercedes on the flatbed. Deputy U. S. Marshal Neimer followed the vehicle to its destination.