2015-06456 pgs 139 thru 190_Redacted - Copy

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Santa Ana PD 2015-06456: Supplemental Report by #2770 Page 4 of 5 SAPD Patrol Division vehicle travelling southbound on Main Street and advised them/SAPD Dispatch of the location of Osorio's vehicle. Once Osorio's vehicle came to a stop, having reached the rear end of traffic congestion, Officer Berwanger positioned his motorcycle on the east sidewalk of Main Street just south of Osorio's truck. Once there, he noted that there were four (4) SAPD Patrol Division units/vehicles positioning themselves in a line to his left. At this time all of the police vehicles were facing northbound in the direction of Osorio's vehicle, which remained stationary while the rest of the civilian vehicle traffic proceeded out of the area. As the aforementioned SAPD Patrol Division personnel arrived, Officer Berwanger dismounted his motorcycle and could see that Osorio remained inside of his vehicle, moving his head about to and fro. While he could not see clearly into the vehicle, due to window tint, he was sure of the vehicle's occupancy and his (Osorio's) movements due to the shadow(s) being cast. As he did so, he heard the other officers on scene begin to shout, "He's got a gun!" Upon hearing this advisement, Officer Berwanger repositioned himself alongside the passenger side of one of the above indicated SAPD Patrol Division vehicles. This vehicle had been driven by SAPD Reserve Officer E. Demarco #9093. While there, Officer Berwanger heard continual commands/request, as issued by other officers on scene, directing Osorio to "put the gun down" and "don't do it." These commands continued for approximately fifteen (15) seconds. After a short period of time, Officer Berwanger heard one of the other officers on scene state that Osorio had placed his firearm to his chin. At this time, Officer Berwanger saw Osorio place an unknown object to his head. Officer Berwanger then heard the sound of one (1) gunshot which he did not believe had emanated from one of the police officers' pistols. Officer Berwanger then saw Qsorio's head dro and heard the sound of his -engine "revving." Based on his observations, Officer Berwanger believed Osorio had taken his life at this time. As the incident continued to unfold, Officer Berwanger saw Osorio continue his movements while still in his vehicle and believed him (Osorio) to be alive. He also heard other officers on scene indicate that Osorio was still armed with a fiream. Given this inforination, Officer Berwanger again perceived Osorio to be a "threat". While his vision was obscured, due to his position being to the right rear of the suspect vehicle and approximately twelve (12) feet away from it, Officer Berwanger knew that Osorio was preparing to exit his vehicle, having been advised of this fact by other officers on scene. At this time he again heard continual commands given to Osorio as provided by other officers on scene. After the door to Osorio's vehicle opened, having been advised of this by other officers on scene, Officer Berwanger heard approximately eight (8) gunshots fired over a period of approximately two (2) seconds. Viewing Osorio from beneath his (Osorio's) vehicle, Officer Berwanger saw him fall to his knees and ultimately to the ground in a prone position. From this vantage point, furthermore, Officer Berwanger could see that Osorio http://ir3/IR2.Web/Report.aspx?action=editreport&reportid=55000000000... 7/30/2015