Skyline Tower Katherine F.

Weber
Suite 1500 Attorney at Law
10900 NE 4th Street Dir: 425.450.4229
Bellevue, WA 98004 kweber@insleebest.com

REPORT OF INVESTIGATION
Prepared for City of Bellevue

Date: August 7, 2020

To: Steve Mylett, Police Chief

CC: Kathy Gerla, City Attorney

Melissa Chin, Assistant City Attorney

Investigator: Katherine F. Weber

SCOPE OF INVESTIGATION AND SUMMARY REPORT

On or about June 17, Inslee, Best, Doezie & Ryder and Katherine F. Weber were retained by the City of
Bellevue (the “City”) to conduct an independent fact-finding investigation into certain citizen reports
involving the social media activities of Officer Nicolas Roche.

Specifically, on or about June 2, 2020, the Bellevue Police Department (the “Department”) received a
series of tweets, initiated by “QAA Podcast @ QanonAnonymous,” reporting that Ofc. Roche “is a full-on
QAnon promoter” and asserting that Ofc. Roche’s social media posts called into question Ofc. Roche’s
fitness to serve as a police officer. Similarly, on June 5, 2020, the City received a citizen email complaint,
referencing “The content of Nicolas Roche’s social media posts.” The QAA Podcast tweets (including the
string of comments responsive thereto) and the citizen email are collectively referred to herein as the
“Complaint”.

I conducted this investigation during the period of June 22 through July 30, 2020. 1 In connection with
such investigation, I reviewed and researched the complained-of posts, consulted with representatives
from the Federal Bureau of Investigation and the Anti-Defamation League, reviewed Ofc. Roche’s
complete background file and interviewed Ofc. Roche himself.

This report is a summary report and is not intended to be a comprehensive recitation of all the information
that was collected, reviewed and considered as part of the investigation. The findings and conclusions set
forth in this report are based on the entirety of the record considered by the investigator, and are not

1
The Covid-19 pandemic (and correlating witness availability) prolonged the interview phase of the
investigation somewhat.

Inslee Best Doezie & Ryder P.S. Main: 425.455.1234 Fax: 425.635.7720 insleebest.com
 Page 2 of 21

limited to the factual information contained in this report. The findings are based on a preponderance of
the evidence, which means that based on the credible evidence gathered during the investigation, it is
“more likely than not” that a particular event occurred or did not occur as alleged.

Finally, this report is not intended to provide any legal conclusions or offer any legal advice and should
not be construed as such.

GENERAL BACKGROUND

Ofc. Roche was born in France and grew up in Quebec, Canada. French is his native language but he is
also fluent in English. After graduating from the National Circus School in Montreal, Ofc. Roche traveled
and lived around the world as an acrobat performer for the Cirque du Soleil. Upon leaving the circus, he
settled in Hawaii, where he became a naturalized U.S. Citizen in 2016.

While in Hawaii, Ofc. Roche was hired by the Honolulu Police Department as a new police officer on
February 3, 2014. He thereafter joined the Bellevue Police Department as a lateral police officer on
December 29, 2017, and is currently assigned to the Department’s Traffic Division Motors Unit.

SUMMARY OF COMPLAINT

As noted above, on or about June 2, 2020, Ofc. Roche’s Twitter account became the subject of public
scrutiny.

A total of six “tweets/retweets,” along with a series of comments, by Ofc. Roche were identified as the
subject of concern. These concerns were that the complained-of posts by Ofc. Roche included symbolisms
of racism and misogynism and other offensive or inappropriate “messages” and indicated that Ofc. Roche
aligns with the “QAnon” movement.

The Complaint included various objections and reactions to Ofc. Roche’s posts, relative to his role and
mental fitness as a police officer; the email complainant contended that Ofc. Roche’s posts demonstrated
that “he is not the sort of person that should be entrusted with serving and protecting the people of
Bellevue” and “raises doubt about [his] ability to effectively perform his duties, doubts about the
department’s hiring practices, doubts about other officers he works with and whether they similarly hold
dangerous sentiments that [he] expressed publicly, and doubts about the overall culture within the
Bellevue Police Department.”

INVESTIGATIVE FINDINGS

Ofc. Roche’s posts, on their face, objectively present as reasonably concerning to those who are familiar
with the symbolisms, sentiments and ideologies referenced therein. However, the entirety of the
evidence, including but not limited to Ofc. Roche’s proffered explanations and responses, supports a
finding that, while ill-advised, the complained-of posts are not indicative of a bias or prejudice by Ofc.
Roche and do not reflect an inappropriate attitude in or approach to his police work.

Ofc. Roche’s individual posts are specifically discussed below.

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I. Background

At the outset, Ofc. Roche acknowledged that the he had a Twitter account under the handle
@NicoRoche6, and that he posted the “tweets/retweets” at issue.

Ofc. Roche estimated that he opened his Twitter account in approximately March 2020. He explained
that he did his so he could follow President Trump’s Twitter feed: Ofc. Roche reflected that he has heard
a lot on the news about things that President Trump has said and what that meant, and Ofc. Roche wanted
to go “to the source and see what he says directly to make his own research.”

Ofc. Roche prefaced that, because he was born in France and grew up in Canada, he already had two
citizenship options when he immigrated to the United States. However, he was drawn to the U.S. because
of the values it represents, which he described as “freedom,” “equality for all” and “one nation under
God.” He emphasized that he worked hard to become a U.S. citizen and loved, and was proud of, his new
country.

It was in this vein that he wanted to follow the President. He indicated that in so doing, he viewed and
shared what he interpreted/believed to be positive, patriotic and unifying messages. He emphasized that
he has only recently come to understand that some of his posts may have underlying, sinister references.
He denounced these references and unequivocally denied that they reflected his beliefs or values.

II. Posts

The Complaint was prompted by the following posts by Ofc. Roche:

A. April 24, 2020 Post

On April 24, 2020, Ofc. Roche tweeted the following:

This meme includes several symbols and references, including: Pepe the Frog; the Punisher Skull; and
certain QAnon references, including, #INITTOGETHER, a “Q” on the Besty Ross flag and the Red Cross
symbol on a battleship.
 Page 4 of 21

1. Pepe the Frog 2

Pepe the Frog originates from an online comic called The Boys Club, which was created by artist Matt
Furie. Pepe first appeared online in 2005, as a laid back, easy going (marijuana-smoking) character, with
a catchphrase of “feels good, man.”

Pepe reportedly became a popular internet meme, in part because his likeness could be transposed into
virtually any character—from Shakespeare, to superhero, to modern celebrity.

However, as Pepe’s popularity increased, he began appearing in online discussion forums such as Reddit,
4chan and 8chan, parts of which are conduits for anti-Semitic, bigoted and racist publications. Over the
years, Pepe became appropriated by the “alt right”—a loose, mostly online, network of the white
supremacists—and a subset of Pepe memes came into existence that centered on racist, anti-Semitic or
other bigoted themes.

In fact, the alt right’s appropriation of Pepe became so prevalent that in 2016 the Anti-Defamation League
added the image of Pepe as a “hate symbol” on its “Hate on Display” database. (The ADL Investigative
Researcher of Extremism with whom I spoke posited that if one sees a picture of Pepe today, it is “hard
not to see a racist connotation”). 3 However, the ADL also qualified that not all uses of Pepe images should
be considered racist or anti-Semitic, and that the context of the use must be considered. In adding Pepe
to its list of hate symbols, the ADL simultaneously cautioned:

However, because so many Pepe the Frog memes are not bigoted in nature, it is important
to examine the use of the meme only in context. The mere fact of posting a meme does
not mean that someone is racist or white supremacist. However, if the meme itself is
racist or anti-Semitic in nature, or if it appears in a context containing bigoted or offensive
language or symbols, then it may have been used for hateful purposes.

ADL, Pepe the Frog, https://www.adl.org/education/references/hate-symbols/pepe-the-frog 4

In researching Pepe the Frog, this investigator viewed multiple, vile “Pepe” images that were highly
offensive and shocking, and clearly racist and/or anti-Semitic. The image posted by Ofc. Roche was not
one of these and, by comparison, objectively presents as “context-neutral.”

2
This summary regarding Pepe the Frog is taken primarily from publications by the Anti-Defamation League.
See, e.g., Pepe the Frog, https://www.adl.org/education/references/hate-symbols/pepe-the-frog.
3
The Researcher analogized Pepe to the “Nazi Swastika:” while the swastika symbol has spiritual
connotations in the Buddhist and Hindu religions (and is also a symbol of good fortune in much of Asia), it is most
recognized as a symbol of Hitler’s/Nazi regime’s racist ideology and practices.
4
See also “Pepe the Frog: yes, a harmless cartoon can become an alt-right mascot,”
https://www.theguardian.com/commentisfree/2016/sep/29/pepe-the-frog-alt-right-mascot-racist-anti-semitic:
“[W]e must always be careful never to assume that someone is racist or antisemitic simply because they used a Pepe
image that itself is devoid of racism or bigotry. We must always interpret symbols only in the contexts in which they
occur.”
 Page 5 of 21

Ofc. Roche’s proffered explanation adds additional context to his interpretation of the “Pepe” symbolism
depicted in the meme. Ofc. Roche stated that at the time he posted the meme, the only “Pepe” images
he had viewed had been posted in reference to/connection with the Hong Kong protests. 5 Ofc. Roche
explained that he lived in Macau (a Chinese independent territory, close to Hong Kong) for two years and
continues to follow what is happening politically there. He emphasized that Pepe the Frog has been
routinely used by protestors there as a symbol of freedom and democracy, and that this is the meaning
he believed Pepe to signify.

Ofc. Roche emphasized that he was not aware of the alt right’s appropriation of Pepe the Frog at the time
he tweeted the meme, and only learned about Pepe’s underlying meaning after he further researched the
symbol following the Complaint.

Research confirmed that Pepe the Frog indeed has indeed been used by Hong Kong protestors as a “pro-
democracy” mascot. A blogger for the International Center on Nonviolent Conflict reflected that: “The
original version of Pepe, which looks frustrated or sad, is a relatable and disarming figure that resonates
with how people feel about the situation in Hong Kong” and that “In the eyes of Hongkongers, Pepe
existed as a Hello Kitty character." 6

The investigation also verified that Ofc. Roche lived in Macau, while he was performing with Cirque du
Soleil.

2. The Punisher Skull 7

The Punisher is a comic book character that was first introduced as an opponent of Spider-Man, in
Amazing Spider-Man #129, in 1973. Although originally a “villain,” he was subsequently depicted as a
protagonist in several of his own stories.

A former Marine, the Punisher pursues his own vigilante brand of justice against those believed to be
living “outside the law.” His “costume” includes a logo consisting of a human skull.

The “Punisher Skull” symbol has been adopted and used by police officers and departments, military
servicemen (internationally) and even politicians. This use appears to have gained prominence during the
Iraq War-- American armed forces displayed the symbol on body armor, helmets, and vehicles. Given the

5
Hong Kong recently experienced massive protests and demonstrations, in response to a plan to allow
extradition to China, which plan was viewed as undermining judicial independence and endangering dissidents. See
https://www.bbc.com/news/world-asia-china-49317695.
6
See https://www.nonviolent-conflict.org/blog_post/why-do-hong-kong-protesters-use-pepe-the-frog-as-
an-icon-for-freedom-and-democracy/.
7
The summary of the Punisher is taken primarily from: https://www.cbr.com/punisher-history-logo-used-
police-military-politicians/.
 Page 6 of 21

interconnection between the military and the police, American police officers also reportedly began
embracing the Punisher’s logo at the start of the 21st Century. 8

The Punisher Skull has been reportedly viewed by the military and police as symbolizing “holding the line
between good and evil.”

However, police use of the Punisher Skull has been controversial, given the “vigilante” nature of the justice
the Punisher serves. This has lead the Punisher’s creator, Gerry Conway, to speak out against police use
of the Punisher symbol:

To me, it’s disturbing wherever I see authority figures embracing Punisher iconography,
because the Punisher represents a failure of the Justice system. He’s supposed to indict
the collapse of social moral authority and the reality some people can’t depend on
institutions like the police or the military to act in a just and capable way.

The vigilante anti-hero is fundamentally a critique of the justice system, an example of

social failure, so when cops put Punisher skulls on their cars or members of the military
wear Punisher skull patches, they’re basically sides with an enemy of the system. They
are embracing an outlaw mentality. Whether you think the Punisher is justified or not,
whether you admire his code of ethics, he is an outlaw. He is a criminal. Police should
not be embracing a criminal as their symbol.

Ofc. Roche reported that at the time he posted the meme, he did not notice that there was a Punisher
Skull on “Pepe’s” sleeve—he reflected that it was a small picture and he didn’t see it at the time. Ofc.
Roche further stated that he was unfamiliar with the Punisher or the Punisher Skull symbol, other than he
had seen officers “putting those stickers on their computers or something before.” He indicated that he
thought this was a “law enforcement thing.” He stated he is still unfamiliar with the Punisher and had
never heard about the Punisher being associated or affiliated with vigilante justice.

3. QAnon References 9

“QAnon” is a wide-reaching conspiracy theory that first surfaced on the internet in 2017. In summary,
adherents believe that world governments are being controlled by a cabal of pedophile elites (including
(Democratic) politicians, Hollywood stars and powerful businesspersons) (the “deep state”) that operate
an underground child sex trafficking ring. It derived from the anonymous postings that first appeared on

8
For example, the Punisher Skull was reportedly used to help promote the “Blue Lives Matter” movement
and, in 2017, a local police departments in Kentucky and New York began displaying “Punisher Skull” decals on their
patrol cars.
9
The summary of QAnon is taken from multiple sources. See, e.g., The Atlantic, QAnon is More Important
Than You Think, https://www.theatlantic.com/magazine/archive/2020/06/qanon-nothing-can-stop-what-is-
coming/610567/; Anti-Defamation League, QAnon, https://www.adl.org/resources/backgrounders/qanon; and
Southern Poverty Law Center, Conspiracy Meta-Theory ‘The Storm’ Pushes the ‘Alternative’ Envelope Yet Again,
https://www.splcenter.org/hatewatch/2018/01/17/conspiracy-meta-theory-storm-pushes-alternative-envelope-
yet-again.
 Page 7 of 21

4chan, by a mysterious figure who goes only by “Q.” Followers have interpreted the “Q” moniker as
referencing “Q clearance” or “Q access authorization,” terms that are used to describe a level of access
to highly-classified information within the federal government. As a result, Q is believed by followers to
be an intelligence or military insider who has proof that the deep state is secretly trafficking and torturing
children around the world. Followers further believe that President Trump is working secretly and
tirelessly to thwart the efforts of the deep state, and that “the Storm” or “Great Awakening”-- in which
the truth is revealed and thousands of cabal members will be arrested and brought to justice-- is coming.

The QAnon movement, and Ofc. Roche’s alleged affiliation with the same, are discussed more fully below.
The QAnon references in the April 24, 2020 posts, and Ofc. Roche’s explanations relating to the same, are
as follows:

#INITOGETHER: “In It Together” is a relatively commonplace reference, and has been used in connection
with a variety of causes and efforts, including, but not limited to, QAnon. It is reportedly a spin on another
common QAnon hashtag, WWG1WGA (discussed below), and is viewed as a “rallying cry” for QAnon
adherents.

Ofc. Roche explained that at the time he posted the April 24 meme, he interpreted the #INITTOGETHER
hashtag, coupled with the international flags comprising the meme’s border, as representing patriotism,
world unity and equality for all.

With respect to the international flags, Ofc. Roche interpreted this as a “unification of all the nations,”
which he liked.

For Ofc. Roche, the “In It Together” catchphrase also has a religious connotation, taken from Ephesians
6:11, 10 in which all people are equal in the eyes of God and “we are all in it together to fight evil.” He
indicated that “In It Together” for him represents a fight of “good against evil.” He again emphasized that
he viewed this as a positive, unifying message,” and that the posts he saw with this hashtag represented
the values that made him proud to be an American and confirmed his decision to become a citizen. As
one example of these types of “In It Together” posts, Ofc. Roche provided the following:

Ofc. Roche emphasized that at the time he was at the time unaware of any “evilest” or “racist”
connotations with this message.

10
“Put on the full armor of God, so that you can take your stand against the Devil’s schemes.”
 Page 8 of 21

“Q Flag:” The soldier in the meme is carrying a version of the original Betsy Ross flag, but with the stars
forming the shape of a “Q.”

Ofc. Roche stated that that he doesn’t believe he saw the “Q” in the meme when he first posted it. Ofc.
Roche again indicated that the flag itself symbolized for him “Old Glory,” which stands for “freedom and
equality for all.” In this context, he produced an article entitled The Historic Significance of Old Glory (the
Flag of the USA), which featured William H. Carney, a Union soldier who risked his life to ensure that the
flag did not touch the ground during battle and who became the first black soldier to earn the Medal of
Honor. Ofc. Roche stressed that this was what the flag represented to him-- a symbol of freedom, hope,
equality in prosperity, and a symbol that “knows not what color skin carries her.”

“Red Cross” Battleship: In the distance of the meme is a battleship, with two “red crosses” imposed upon
it.

Ofc. Roche indicated that he understood this to represent the “Red Cross,” and the “medics who come to
help the wounded.” He generally believed the ship to represent the two U.S. Naval hospital ships that
were sent to New York City to help with the Covid-19 Crisis. 11

Ofc. Roche stated that he believed the naval ship was docked in NYC as a resource for Covid patients.
However, he acknowledged that he had heard a theory in which the hospital ship was part of a secret
mission to rescue children imprisoned by the deep state (however, he was not sure he was aware of this
theory at the time of his post). 12 With respect to this theory, Ofc. Roche reflected that he didn’t know
whether it was true or not, and he couldn’t speak to that. 13 He reflected that he hoped it wasn’t true, and
that no child was being abused “like that,” but if it was true it was “horrible” and he would be glad that
the ship was there to save them.

Factual Determinations: Ofc. Roche’s April 24 post includes several troubling references and symbols.
However, as discussed more fully below, I have credited as genuine Ofc. Roche’s proffered interpretations
and explanations with respect to the symbolism included in the meme. 14

Regarding the Pepe the Frog imagery, Ofc. Roche’s explanation with respect to the Hong Kong protests,
coupled with the overall “context-neutral” depiction of Pepe in the meme itself, mitigates against a finding
that this symbol was used to convey a racist, anti-Semitic or otherwise bigoted message.

11
Two naval medical ships were dispatched to assist with the Covid-19 crisis: the USNS Mercy docked in
Los Angeles, the USNS Comfort in New York City.
12
According to this theory, children would be led to freedom aboard the ship through a series of tunnels
that had been previously been burrowed under the streets of New York by the elites as part of their underground
child sex trafficking ring.
13
Ofc. Roche indicated that he was generally aware from the news of the child sex trafficking activities of
Jeffrey Epstein and the recent arrest of his alleged accomplice, Ghislaine Maxwell.
14
It is noted that the ADL Researcher with whom I spoke reflected that he would be concerned about the
person who posted the “Pepe” post because it “doesn’t point to a mainstream mind.” This opinion was noted and
formed the basis for additional investigative inquiries and follow-up. It was considered as part of the overall
investigation, with the qualification that the researcher did not have the benefit of the context of Ofc. Roche’s
background and explanations at the time of his general analysis.
 Page 9 of 21

With respect to the Punisher Skull symbol, it is believable that Ofc. Roche may have overlooked this.
Additionally, although controversial, the Punisher Skull has been a symbol used by the military and law
enforcement, and in this sense it may not have stood out to Ofc. Roche as potentially problematic.

The QAnon references in the meme do not, on their face, promote any unlawful or inappropriate
messages or otherwise encourage or advocate for any unlawful or inappropriate activities. Ofc. Roche’s
alleged affiliation with QAnon is discussed in further detail below.

B. May 20, 2020 Post

On May 20, 2020, Ofc. Roche tweeted:

The substance of the tweet speaks for itself.

Ofc. Roche acknowledged that this tweet was a mistake and that he “shouldn’t have done that.” He
explained that he wrote the tweet in “frustration because we’re all stuck at home and . . . we can’t wait
to . . . get back out and get our normal life again.” He emphasized that he was not proud of this tweet
and that he regretted it.

Factual Determinations: Ofc. Roche’s post involved his opinions regarding a governmental response to
Covid-19. This post included inartful language. Ofc. Roche expressed regret about this post, and I have
credited this regret as sincere. Objectively, this tweet on its face does not present as related to law
enforcement.

C. May 24 and 25, 2020 Posts 15

On May 24 and 25, Ofc. Roche retweeted and tweeted, respectively, the following related posts:

15
See, e.g., The Washington Post, How the red pill got to Elon Musk: A brief look back at public figures co-
opting ‘The Matrix,’ https://www.washingtonpost.com/arts-entertainment/2020/05/18/elon-musk-ivanka-trump-
matrix-red-pill/ (May 18, 2020); and https://www.dictionary.com/e/slang/red-pill/.
 Page 10 of 21

Both of these pertain to hydroxychloroquine (“HCQ”) as a treatment/prevention for Covid-19.

Notably, the first meme depicts a red HCQ pill. “Red pill” is a symbol that originates from 1999 movie The
Matrix, in which the protagonist is offered a choice between a red or blue pill-- the blue pill represented
a continued and comfortable “ignorance,” whereas the red pill represented truth and enlightenment as
to “how deep the rabbit hole goes.” By choosing the red pill, the protagonist demonstrated a commitment
to knowing the truth, no matter what it holds.

Since The Matrix, the “red pill” as a symbol of “truth” and “enlightenment” has been appropriated by a
myriad of people and groups, including men’s rights groups and the alt-right (which sometimes overlaps
with men’s rights groups). In this context, the “red pill” has misogynistic and racist connotations.

However, “red pill” has also been used in a more “mainstream” context—by celebrities, musicians and
politicians—as representing the search for, or discovery of, the “truth.” In this sense, the “red pill” has
been used in reference to “one being in the know,” or discovering an underlying or hidden truth.
 Page 11 of 21

On their faces, Ofc. Roche’s posts do not suggest that he is referencing or advancing any “men’s rights”
theories, and the Complaint does not make any such allegations. 16

Rather, the plain context of Ofc. Roche’s texts appears to be that “the truth” is that HCQ is effective in
treating/preventing Covid-19.

Ofc. Roche explained that, in addition to President Trump’s tweet(s) about hydroxychloroquine in early
March, Ofc. Roche has been following a doctor in France, named Dr. Didier Raoult. Ofc. Roche stated that
he read one of Dr. Raoult’s papers and other articles indicating that Dr. Raoult’s use of a combination of
hydroxychloroquine and zinc had achieved the lowest mortality rate for Covid-19 patients. He
tweeted/retweeted this information because he saw it as a “good, positive thing to help people.”

With respect to the May 24 post, Ofc. Roche stated that this simply signified that HCQ was effective in
combating against the “worldwide” problem created by the Covid-19 pandemic. He reportedly did not
think much of the “red pill” reference.

However, Ofc. Roche acknowledged that he was generally familiar with the “red pill” reference from The
Matrix, and that in this sense the “red pill” could be interpreted as people needing to “wake up” and start
looking into the effectiveness of HCQ.

Factual Determinations: Ofc. Roche’s May 24 and 25 posts demonstrate his belief that HCQ is an effective
treatment for Covid-19 that should be further explored. This is a controversial position, with many science
and health experts refuting these claims.

However, Ofc. Roche’s reference to “red pill” is a common one that has “trended” over the years. While
HCQ may be a controversial subject, Ofc. Roche’s post reflects his personal belief regarding its benefits in
fighting Covid-19.

As noted above, there is no evidence to indicate that Ofc. Roche’s tweets/retweets regarding
hydroxychloroquine were intended to reference “men’s rights” or other “alt-right” viewpoints.

D. May 27 and May 28, 2020 Posts

On May 27, 2020, Ofc. Roche retweeted the following:

16
Ofc. Roche indicated that his investigative interview was the first time he had heard of “red pill” being
associated with men’s rights groups.
 Page 12 of 21

As evident from the tweet, this pertains to the murder of George Floyd at the hands of Minneapolis police
officers, in which the original author raised questions about the footage capturing Mr. Floyd’s arrest.

On May 28, 2020, Ofc. Roche replied to the above-tweet, as follows:

An assertion in the Complaint was that “Roche is raising questions about the events that led up to the
murder of George Floyd. As a law enforcement officer, nit-picking the conditions of a murder, as if those
details matter to the fact that a person was murdered, is extremely disconcerting. It implies that there is
some set of conditions in which the murder would have been justified, or attempts to draw the blame to
others involved such as the EMTs rather than the police that suffocated Floyd or stood by and watched as
it happened.”

Ofc. Roche expressed confusion as to this assertion. He agreed that Mr. Floyd was murdered; he
denounced the actions of the officers involved and lamented that the actions of those officers were “a
stain on every law enforcement in this nation.”

He stated that he viewed the posted video as “a police officer investigator,” in which “we look at
everything and . . . we can see those details.” The details to which Ofc. Roche was referring were the
multiple mistakes that he believed were made during the incident, stating that he “wish[ed] people
around [Mr. Floyd] would have done things better maybe to help the situation” (and perhaps save Mr.
Floyd’s life). Ofc. Roche qualified that he was not questioning the legitimacy of the determination that
 Page 13 of 21

Mr. Floyd was murdered, but rather the actions of all involved in that death, and what could have been
done to prevent it.

Ofc. Roche emphasized that the fact that a man was murdered was awful, but the fact that this was at the
hands of law enforcement made it even worse because law enforcement is supposed to protect the public
it serves. He regretted the trust lost in law enforcement and acknowledged that law enforcement needed
to rebuild that trust.

Ofc. Roche was confused as to what “on the posts” or what he said that could’ve been interpreted
negatively.

Factual Determinations: While the original post retweeted by Ofc. Roche appears to be “suspicious” of
the footage capturing the death of Mr. Floyd, the evidence indicates that this suspicion was likely “lost in
translation” for Ofc. Roche, and that Ofc. Roche’s retweet of the footage, and his comment regarding the
same, was intended to be critical and questioning of the entire handing of the incident.

Notably, Ofc. Roche’s reply questions (i) the technique used to check Mr. Floyd’s pulse; (ii) the failure to
immediate commence CPR upon finding no pulse; and (iii) the transfer of Mr. Floyd to the gurney while
he was still in handcuffs.

Based on the entirety of the evidence, Ofc. Roche’s comment does not objectively present as an effort to
justify, or shift the blame for, Mr. Floyd’s death. Rather, it presents as an overall criticism of and objection
to the treatment of Mr. Floyd on that day.

E. May 29, 2020 Post

On May 29, 2020, Ofc. Roche tweeted and retweeted the following:

Like the May 29 post criticizing Gov. Inslee, Ofc. Roche indicated that his “#COVIDIDIOTS” tweet was
posted out of frustration, and he regretted his choice of words. Ofc. Roche reflected that this tweet
occurred when the public was receiving “mixed messages” regarding facemasks . . . one week masks were
deemed to be ineffective, the next they are said to be effective, but only under certain conditions, etc.
He indicated that his tweet simply reflected a “weariness” that many people are feeling.
 Page 14 of 21

Ofc. Roche also noted that his tweet occurred before facemasks were mandated by the State. He
contended that now that facemasks are mandatory, he would not publicly question this order. However,
he reiterated his regret about posting the tweet in the first place.

As to his retweet from “God Wins,” Ofc. Roche indicated that most of the things listed in that tweet are
things that President Trump has tweeted or said, “So, it appears to be something that the President is
talking about all together.” However, he qualified that he was uncertain as to the meaning behind some
of the listed sentiments, including the reference to Dr. Fauci as a “bioterrorist” and “PP” being caught
selling body parts.

Factual Determinations: Ofc. Roche’s tweet and retweet evidence that he (i) disagrees with
governmental orders requiring facemasks and (ii) holds certain political viewpoints and/or credits certain
political theories. Some of these theories arguably qualify as “conspiracy theories.” The Complaint
contends that certain statements, including the reference to Dr. Fauci as a “bio-terrorist” is “obviously
false and extremely poor misinformation counter to that of local public health agencies. “ While this may
be true, these tweets/retweets also present as personal/political opinions that are unrelated to law
enforcement.

F. June 2, 2020 Post

On June 2, 2020, Ofc. Roche tweeted the following post:

Ofc. Roche acknowledged that this was a photo of him, taken during the protests that occurred in
downtown Bellevue on May 31, 2020. Superimposed upon the photo is the acronym “WWG1WGA.” Ofc.
Roche tweeted the photo, using the same hashtag.
 Page 15 of 21

“WWG1WGA” is the acronym for “Where We Go One, We Go All.” This is a catchphrase associated with
and used by QAnon— it has become an expression of solidarity among Q followers. 17

Ofc. Roche equated the WWG1WGA phrase to his earlier “In It Together” reference, stating that he
interpreted and intended it as a positive, inclusive and patriotic message. He viewed this as a universal
message of inclusivity.

Ofc. Roche explained that he felt the picture sent the message that:

[E]ven us blue that could look like scary, we’re there with you too, we’re all in there
together. We’re all trying to find out what’s wrong, right . . . . But for me it’s more like
we’re all the same. We’re all . . . where we go one we go all. It’s, it’s an inclusive thing
for me; it’s a universal thing for me and even . . . even us today, we’re not here to, to fight
you, we’re here to protect you. Even, even if you throw something at me (cause we see
all those signs and they yell those profanities at us) if you’re injured I’ll make sure you get
what you need to get better. And I’ll render it to you, even though you’ve called me all
those names and you threw stuff at me before, because that’s why I have those gears so
I can be go, and be safe and help you. That’s . . . that’s what it means, that’s what I meant
by it.

Ofc. Roche stated that during the downtown protests, he was standing behind Chief Mylett as he engaged
the crowd in a meaningful dialogue and respected the protestors’ First Amendment rights. Ofc. Roche
believed his tweet was consistent with sentiment. He expressed sadness that his post was interpreted in
a negative manner; he emphasized that it was not his intent to send a negative message and he apologized
for that.

Factual Determinations: Ofc. Roche’s June 2 post was the most troubling for this investigator. 18 The
“WWG1WGA” mantra imposed upon the image of a law enforcement officer in crowd control gear
understandably and reasonably may invoke negative connotations, including that law enforcement (“we”)
stands against the protestors. It does, at least indirectly, imply an “us vs. them” mentality or, as stated in
the Complaint, “because [Ofc. Roche’s] loyalties are with one group . . . there is another group that is
outside or even enemies- the people of Bellevue who were protesting downtown.”

However, for the reasons set forth more fully below, I have credited Ofc. Roche’s explanation as to his
intent and interpretation behind the post. The post, while arguably ill-advised and imprudent, is not
compelling evidence that Ofc. Roche harbors an adversarial or combative attitude or approach towards
any particular group of people.

III. “QAnon Connotations”

The overarching contention of the Complaint appears to be that, because Ofc. Roche has identified himself
as a “promoter” or “adherent” of QAnon, he is unfit to serve as a law enforcement officer. While this

17
According to the ADL Researcher with whom I spoke, Q “deputized” his followers as researchers and
warriors in his online army, against the deep state and its protectors.
18
The ADL Researcher also found this post troubling. Again, this opinion was considered with the caveat
that the researcher was not privy to all of the information generated by this investigation.
 Page 16 of 21

contention is an understandable reaction to Ofc. Roche’s posts, it ultimately is not supported by the
weight of the evidence.

QAnon appears to be a complicated, controversial and recent product of the internet. It first appeared in
2017 in a variety of “image boards,” including 4chan, 8chan and 8kun, which allow for anonymity and tend
to be platforms for misinformation and oftentimes hate speech. It has reportedly grown substantially
since its inception and has gained prominence since the election of President Trump. It is generally linked
with the conservative and/or anti-government political movements. QAnon membership consists of
many Trump supporters. As noted by the Anti-Defamation League:

Despite a profound lack of any supporting evidence, QAnon has successfully made the
leap from the paranoid catacombs of online subculture into America’s mainstream
conservative movement. As the QAnon ideology has gained a wider audience, a cottage
industry of merchandise, food supplements and lifestyle advice has emerged alongside it,
all rooted in the same profound distrust in governments, established sciences and
mainstream media. It has attracted a following of private citizens, rapacious grifters and
even national politicians. . . .

Anti-Defamation League, QAnon, https://www.adl.org/resources/backgrounders/qanon. The ADL

Researcher with whom I spoke estimated that QAnon has attracted approximately 1.5 million people, who
are “actively sowing doubts about political activities” online. In January 2020, 20 candidates running for
U.S. Congress openly supported QAnon, and a few of these have advanced to the general election in their
respective states. QAnon in one sense has become “mainstream.”

However, it has also attracted extremists, including militia and anti-government movements. QAnon is
an amalgam of both novel and well-established theories, which can, but do not always, include “alt-right”
sentiments of anti-Semitism, racism and xenophobia.

The difficulty in defining and evaluating QAnon lies in the wide variety of people and interests it attracts.
As the FBI agent with whom I spoke reflected that QAnon followers range from those who are simply
“interested in” or “entertained” by QAnon posts, to extremists who use the platform to promote alt-right
agendas.

There appears to be wide-spread agreement amongst those who study QAnon, including the FBI and Anti-
Defamation League, that not all QAnon adherents are extremists but that the misinformation circulated
by QAnon has inspired violent acts by those who are susceptible to influence or prone to act on such
messages. 19

However, the FBI agent qualified that QAnon does not fall into any of the four categories of “extremism”—
racial; anti-government (militia/anarchist); eco-based; and anti-abortion-- that it watches. Importantly,
the FBI does not consider QAnon to be a domestic terrorist group. However, while QAnon is not

19
For example, in January 23, 2019, a man attempted to set fire to the Comet Ping Pong pizza shop in
Washington, D.C. Comet Ping Pong has been a focus of QAnon theories, in which it is believed that that business
harbors a Democrat-run sex slavery ring, It was also the site of what is known in QAnon circles as “Pizzagate” (in
which an armed man entered the restaurant because he wanted to free children that he believed were being held
prisoner there as part of a sex slavery ring orchestrated by a Clinton supporter and donor).
 Page 17 of 21

considered “extremist,” “extremists” may be drawn to it. The FBI agent stated that, if a person is affiliated
with QAnon, this does not necessarily mean that the person is alt-right or extremist. Rather, the question
is, “What does the affiliation mean to that individual, and what do they do with it?”

In Ofc. Roche’s case, the weight of the evidence indicates that he falls within the spectrum of those who
are interested in, or align with, certain political messages or ideologies advanced within QAnon online
circles. However, the evidence suggests that Ofc. Roche attaches a much different meaning to his QAnon
affiliation than that attributed to him in the Complaint.

Ofc. Roche indicated that he “follows” QAnon in the sense that he is interested in following the President
and performing his own research by reading about political developments, ideas and opinions and by
seeing what “trending.” However, he emphasized that the messages from “Q” that he viewed and was
drawn to were all positive messages of equality and unity. He offered the following as these types of
messages:

Ofc. Roche stated that he follows QAnon because he wants to see messages like this and like the ones
referenced above, which show positive, patriotic and unifying messages. He reiterated that he believed
the WWG1WGA theme to be an inclusive and unifying one, noting that this theme first appeared as an
inscription upon a bell on President John F. Kennedy’s yacht. He noted that a Democrat president
embraced this phrase, and he did not believe it had any exclusionary meaning. 20

Ofc. Roche denied that, at the time he made the posts, he was aware of any “alt-right” affiliations with
QAnon or that he had seen any messages promoting alt-right agendas or ideologies. Ofc. Roche

20
Research indicates that there was no such bell upon President Kennedy’s yacht, and this appears to be
incorrect information. However, Ofc. Roche’s belief that this was the case presented as sincere.
 Page 18 of 21

unequivocally eschewed any affiliation with or support of the alt-right. He emphasized that he was born
in Europe, grew up in Canada, traveled all around the world as a circus artist, 21 and lived in Asia and the
Pacific Islands. He stated that his grandfather was born in Algeria and his family lived in North Africa for
generations. He stressed that he has lived his whole life to include and appreciate people of different
cultures and internationalities.

Ofc. Roche also shared that his wife is Asian and their children are biracial.

Ofc Roche denounced the ideologies of the alt-right as wrong. He denied knowing about the negative
connotations associated with his posts and apologized for these. He indicated that he would be more
careful in the future in terms of publishing messages that might have underlying meanings inconsistent
with his intentions. He emphasized that he would never say or do anything to discredit the Department
or call into question his effectiveness as a law enforcement officer. He stressed that he is a good officer
who objectively and fairly performs his duties, and that his record reflects this.

Factual Determinations: Ofc. Roche has, by his own admission, followed and forwarded Twitter messages
that may be reasonably construed as being associated with QAnon. QAnon is a controversial subject, and
its followers have promoted what may be objectively characterized as outlandish and/or bizarre
“conspiracy theories.” It appears that Ofc. Roche has likely been receptive to some of these political
theories. While these theories may be disputed and/or unpopular, there is a lack of evidence to support
a finding that Ofc. Roche or his posts have been motivated by a discriminatory or otherwise unlawful
intent or that Ofc. Roche’s posts otherwise reflect an animosity or bias by Ofc. Roche towards any
particular group(s) of people.

At the outset, Ofc. Roche in general presents as soft-spoken, respectful and mild-mannered, and his
demeanor throughout his investigative interview was calm and deferential. He did not at any time exhibit
any “extremist” tendencies or general hostility. He also presented as genuine and sincere, and this
investigator did not detect any material discrepancies or attempts to deceive, mislead or obfuscate in his
responses. In summary, I found both Ofc. Roche and his answers to my questions to be credible and I
therefore generally credited his explanations with respect to the complained-of posts.

In addition to Ofc. Roche’s proffered explanations, other considerations also weigh against a finding that
Ofc. Roche’s posts evidence “extremism” or another improper motive, attitude or approach by him.

First, it is noted that Ofc. Roche, like all BPD officers, went through an extensive background check prior
to his hire. A review of Ofc. Roche’s background check 22—which included but was not limited to a
psychological evaluation, personal and criminal histories and professional and personal references—
confirmed that Ofc. Roche’s record was “clean.” There was nothing in Ofc. Roche’s background that raised
concern about his attitude or approach towards the public or police work or that otherwise indicated that
Ofc. Roche might not be able to impartially and fairly perform his police duties. To the contrary, Ofc.
Roche was described as patient, calm, mature and level-headed, 23 and his record reflected an ability to

21
Ofc. Roche estimated that he has traveled to approximately 25 countries.
22
Ofc. Roche and the Department granted this investigator, as an agent to the City, access to the entirety
of Ofc. Roche’s background file for the exclusive and limited purpose of conducting this investigation. I did not copy
or otherwise retain any of the records reviewed.
23
This was consistent with the investigator’s observations.
 Page 19 of 21

“show sensitivity and concern,” and to “interact and deal effectively with people from varying social and
cultural backgrounds.” His background further indicated that he attempts to resolve conflict through
persuasion, rather than force.

Ofc. Roche’s “use of force” record with the Department was likewise unremarkable. The record indicates
that since joining the Department in 2017, Ofc. Roche used “force” during eight of his contacts. This
number is reportedly considered to be within expected range for Department officers. Ofc. Roche has no
“uses of force” in 2020, and has never been investigated for an excessive use of force.

Similarly, Ofc. Roche has not been the subject of any sustained complaint or disciplinary action, at the
Department or during his previous employment with the Honolulu Police Department.

Additionally, it is noted that Ofc. Roche since joining the Department has received substantial internal and
external training in the areas of discrimination and bias, including but not limited to, Ethics in Law
Enforcement, Mental Illness Training, Anti-Bias Training for Law Enforcement, De-escalation, and Cultural
Competency/Diversity Training (Quarterly). However, as a traffic officer, he did not participate in any
training that specifically focused on hate groups or symbolisms (which training may be available to officers
occupying specialty positions); in this vein, there is a lack of evidence to suggest that Ofc. Roche had
specific knowledge (or a reason to know) about the connotations of the symbols and references included
in his memes.

Ofc. Roche’s background and personnel records lack any indication that Ofc. Roche poses a “risk” in his
position as a police officer.

With respect to Ofc. Roche’s posts, it is noted that he was relatively new to Twitter, having joined only in
March 2020, and it appears that he was relatively unfamiliar with social media. Ofc. Roche indicated that
during most of the (approximate) three months he was on Twitter, 24 he had zero followers. He did not
use it as a “social” platform 25 but rather an “informational” one. He would follow certain users (such as
President Trump) and hashtags, to see what was trending.

The limited duration and nature of Ofc. Roche’s Twitter usage lends credence to his assertion that he did
not see and was unaware of the negative connotations and/or affiliations associated with QAnon.

Additionally, Ofc. Roche’s immigration status is relevant to this consideration for two reasons. First, Ofc.
Roche “grew up” in/experienced several different cultures, and it may be expected that (i) he may not be
intimately familiar with certain American nuances/references/histories, and/or (ii) may have different
interpretations/perspectives of these based on his own experiences. Second, although Ofc. Roche is
fluent in English, English is his second language. Ofc. Roche expressed that he sometimes has “challenges”
in communicating and has to “learn English sometimes.” It is therefore understandable that he may not
be familiar with certain English/American slang, innuendos or phrases, or that certain communications
may have gotten “lost in translation.” In this vein, it appears possible that Ofc. Roche may have missed
or not fully appreciated certain nuances or implications in the posts viewed and/tweeted.

24
Ofc. Roche deactivated his account in June 2020. At that time he estimated having approximately a
dozen followers.
25
Ofc. Roche indicated that he used Facebook as a personal social media tool to connect with friends.
 Page 20 of 21

The diversity of both Ofc. Roche’s personal background and his family is also noted. This diversity tends
to rebut an implication that Ofc. Roche harbors any “supremacist” or alt-right viewpoints or tendencies.

Finally, it is noted that Ofc. Roche never “officially” identified himself as a member of law enforcement or
the Department in his Twitter feed. He did, in his June 2 post, display an image of himself in his crowd
control gear. From this image, one could reasonably infer that Ofc. Roche was affiliated with law
enforcement. Along with this image, Ofc. Roche used the hashtag #WWG1WGA. Notably, although Ofc.
Roche had limited followers at the time of his tweet, his use of the hashtag make his post publicly
accessible to others following or researching #WWG1WGA. It appears that someone discovered Ofc.
Roche’s tweet through the hashtag, noted that Ofc. Roche was likely a police officer, and performed
additional online research on him. Because Ofc. Roche used his real name in his Twitter handle, this
appears to have led the “researcher” to Ofc. Roche’s Facebook page (in which Ofc. Roche did identify
himself as a Bellevue Police Officer) and the Department’s social media page. Through this electronic
information, Ofc. Roche’s identity as a Bellevue police officer was discoverable. However, Ofc. Roche’s
tweets do not otherwise objectively present as him affirmatively identifying himself as a law enforcement
officer or member of the Department, or as tweeting in his official capacity (as asserted in the Complaint).

CONCLUSION

Ofc. Roche’s objected-to Twitter feed may be classified as either “Covid-19” or “QAnon” related.

With respect to the “Covid-19” posts, these reflect Ofc. Roche’s personal opinions regarding the
containment and/or treatment of the coronavirus, which on their face do not pertain to law enforcement.

Although these opinions may be contrary to policies enacted in Washington State, Ofc. Roche’s posts did
not expressly advocate that any person violate state-imposed mandates. For example, while he called
upon Governor Inslee to “reopen Washington State” (and referred to the governor as an “idiot”) in his
May 20 tweet, he did not encourage any person to violate what would have then been the recently-
enacted Safe Start Plan. Similarly, although in his May 29 tweet disputed the effectiveness of face masks
(and again made reference to “idiots”), he did not advocate that Washingtonians ignore governmental
policy mandating the use of facemasks (notably this policy did not go into effect until June 8, 2020).

Similarly, while Ofc. Roche’s opinions regarding the benefits of hydroxychloroquine may be contrary to
generally-accepted science, his beliefs relate to his personal opinion.

Ofc. Roche’s Covid-19 the substance of Ofc. Roche’s tweets were not related to law enforcement or made
by Ofc. Roche in his official capacity. However, as discussed above, Ofc. Roche’s identity as a police officer
was discovered by virtue of these posts.

With respect to the “QAnon” posts, the evidence indicates that Ofc. Roche is a devout Christian with
politically conservative views. It also appears that he supports President Trump, and that he specifically
created his Twitter account in March 2020 for the purpose of following the president’s (and likeminded
individuals’) tweets.

While many may disagree with all or some of Ofc. Roche’s beliefs, the weight of the evidence supports a
finding that Ofc. Roche’s tweets/retweets were motivated by his pride and love for his new country, a
sense of patriotism and the values he believed were reflected his those tweets. There is an absence of
 Page 21 of 21

evidence suggesting that Ofc. Roche ascribes to or harbors alt-right or extremist beliefs, or any other
improper ideologies or biases that call into question his fitness to serve as a law enforcement officer.

However, as a law enforcement officer, Ofc. Roche is held to a higher standard of conduct with respect to
his social media activities, and is expected to avoid speech or expression that tends to compromise or
damage the mission, function, reputation or professionalism of the Department or negatively impact an
officer’s credibility. That Ofc. Roche’s posts were of a nature that subjected both him and the Department
to scrutiny and criticism, and called into question his and the Department’s ability to serve the public
impartially and fairly, is evidenced by the Complaint and this investigation itself. In this respect, Ofc.
Roche’s posts may be objectively characterized as ill-advised and imprudent.