Segura Mercado SA 20-002 FINAL August 6 2020_Redacted

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4 toward the patio. The BWC footage shows him running toward the patio. It should be noted that based on the BWC footage, the apartment was dimly lit, and the patio was not lit. There were some building lights on in buildings across from the patio in the apartment complex which gave minimal lighting conditions on the patio on the BWC footage. Sergeant Lima stated he saw the officers struggling with Mercado and that the right side of Mercado’s body started to go over the fence. He saw the officers where holding onto Mercado. Sergeant Lima subsequently grabbed hold of Mercado’s shoulder and saw a black semi-automatic pistol in Mercado’s right hand. The gun was pointed directly at Sergeant Lima’s mid-section, just below his ballistic vest. Sergeant Lima stated he thought to himself: “He’s going to kill me.” Sergeant Lima’s gun was holstered, and he realized he could not draw his weapon and shoot Mercado because of where the other officers were positioned. He realized he would “shoot them” if he fired his weapon at Mercado. Sergeant Lima described that he and Officers Roelofs and Espadas were all practically touching each other and within arms-reach at this point. Once Sergeant Lima saw the gun he yelled, “Gun, gun!” Sergeant Lima stated: “I thought I'm dead . . . this guy is gonna shoot me right where I don’t have any protection, and I saw the large weapon, a large gun, black handgun is his, uh, right hand coming towards the direction of my stomach.” Following Sergeant Lima yelling “Gun, gun,” seven (7) gunshots were fired in quick succession. After the shots were fired, Mercado fell to the ground, inside the patio, with the gun still in his right hand. An officer yelled to him: “Drop the gun.” Both officers retreated inside the sliding glass door to cover and Sergeant Lima retreated to the south/east corner of the apartment building and activated his BWC. Once Officers Roelofs and Espadas retreated, both officers again yelled at Mercado to “Drop the gun, dude.” Meanwhile, Jane Doe, ran out onto the patio, past the two officers. An officer told her: “Ma’am, back up, back up, ma’am so we can help. Back up, so we can help him.” Jane Doe remained outside and bent over her son, taking hold of the gun. Both officers, speaking in English and Spanish, yelled for Jane Doe to drop the gun, and come back inside the apartment so that they could help Mercado. Jane Doe did not comply and continued to stand over her son, with the gun in her hand, screaming and crying. During the same time, Sergeant Lima was notifying SAPD dispatch that an officer involved shooting had occurred and he subsequently switched to red channel to communicate with FVPD since their units were requested to respond to the scene. At approximately 11:22 p.m., Sergeant Lima, still positioned outside of the patio, directed the officers to “Tase [Jane Doe]” because she was still hysterical and holding the gun. Officers Roelofs and Espadas continued to yell for Jane Doe to drop the gun. After multiple commands, Officer Roelofs stated, “I’m going to Tase her” and fired his Taser, striking Jane Doe in the upper torso and leg. Jane Doe subsequently dropped the gun over the patio fence. Sergeant Lima then recovered the gun from the dirt just south of the patio. All this sequence was captured on the BWC footage, including the gun in Jane Doe’s hand. Sergeant Lima did not check the weapon. He immediately placed it in his back pocket. Once FVPD officers arrived on scene, Sergeant Mosher from FVPD observed the gun in Sergeant Lima’s pocket. He could see there was no magazine in the gun. He removed the gun from Sergeant Lima’s pocket and cleared it. He noted that the gun was unloaded with no magazine in the magazine well or round in the chamber. It was a Heckler & Koch .45 caliber semi-automatic gun. After Sergeant Lima seized the gun, Jane Doe continued screaming hysterically as she hunched over Mercado who was still on the patio ground. Officers Roelofs and Espadas continued to command Jane Doe to come inside the apartment so that they could tend to her son. At approximately 11:24 p.m., Jane Doe complied and entered the apartment where she was then