OCDA Investigative Report_pdf.REDACTEDNAMEONLY.TBC

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Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with criminai negligence when he acts in a reckless way that creates a high risk of death orgreat bodily injury and a reasonable person would have known that acting in that way would create such a risk. In other words, a person acts with criminal negligence when the way he acts is so different from how an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act. An act causes death ifthe death is the direct, natural, and probable consequence ofthe act and the death would not have happened without the act. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. There may be more than one cause or death. An act causes death only if it is a substantial Factor in causing the death. A substantial factor is more than a trivial or remote factor; however, it does not need to be the only factor that causes the death. LEGAL ANALYSIS There is no evidence of express or implied malice on the part of any SAPD personnel, inmates, or other individuals under the supervision of the SAPD. Therefore, the only possible type of homicide in this situation is murder or manslaughter under the theory of failure to perform a legal duty. Without question, the SAPD and its custodial personnel owed a duty of care to protect him from foreseeable harm. This included any harm he intended to bring upon himself. Based on this investigation, there is no evidence that c.o. Fernandez, c.o. Elizondo, or SAPD medical personnel breached this duty of care. By contrast, there is evidence that c.o. Valenzuela failed to follow SAPD protocols and in so doing breached her duty of care. However, there is insufficient evidence of a causal connection between c.o. Valenzuela's breach and death to establish criminal liability. The two SAPD Correctional Officers assigned to monitor cell leading up to the time of his death were c.o. Fernandez and c.o. Va!enzuela. These correctional officers were responsible for conducting vvelfare checks twice per hour on inmates housed on Floor 3, Modules C and D, which included On November 3, 2020, at 9:30 p.m., c.o. Fernandez began her shift and performed three welfare checks at approximately 10:28 p.m., 10:57 p.m., and 11:47 p.m. be'tore going on her lunch break at 11:59 p.m. SAPD Detention Facility video surveillance confirmed that c.o. Fernandez conducted her last welfare check of cell at approximately 11:45 p.m., approximately'l4minutesbeforeherlunchbreak. AccordingtocomputerentriesmadebyC.O.Fernandez,therewereno issues with any of the inmates at this time. Thereaffer at 1l :59 p.m., surveillance showed c.o. Valenzuela arriving at the module's officer podium to assume shiff duties for c.o. Fernandez. On November 4, 2020, at 1:04 a.m. (approximately 1 hour and 5 minutes into c.o. Valenzuela's shift duties), c.o. Valenzuela made a computer entry indicating that she had conducted a welfare check on Floor 3 Modules C and D and reported no issues with any of the inmates. Contrary to this record, however, SAPD Detention Facility video surveillance showed that c.o. Valenzuela never left the module's officer podium until her shift ended at 1:14 a.m. No other evidence was provided to account for this inconsistency, and c.o. Valenzuela declined to provide any statement to investigators. Based on this contradiction, it is fair to conclude that c.o. Valenzuela did not actually perform a welfare check on cell during the approximate 5 hour and 15 minutes she was on duty, and that two welfare checks were missed between the hours of 12:00 a.m. and 1 :OO a.m. on November 4, 2020. Despite the two missed welfare checks leading up to the final hour of death, SAPD Detention Facility video surveillance recorded moving about near the entrance door of his cell at I :IO a.m., 1 :15 a.m. and 1 :16 a.m. As a result, Mr. must have committed suicide between 1:16 a.m. and 1 :35 a.m. After returning from her break, c.o. Fernandez performed a welfare check on cell and discovered him at 6