2015-06456 pgs 191 thru 221_Redacted - Copy

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Santa Ana PD 2015-06456: Supplemental Report by #2770 Page 3 of 4 recording. At the beginning of the interview DA Inv. Fulcher and I identified ourselves and obtained the complete identification information from Officer Diaz, inclusive of his badge number, modat/call-sign, law enforcement history, assigru'nent and all factors relevant to our investigation at the time of the OIS. It should be noted that all statements provided by Officer Diaz were made of his free will and in no way under duress in any form or fashion. As we began to discuss the OIS and all actions conducted/observed by Officer Diaz prior to it, he told us the following: Officer Diaz told us that during his work shift he heard a police radio broadcast of a Shooting In Progress which occurred in the area of 800 S. Cypress Street. The cornrnents of the call further indicated that two males were involved in the incident, one of them armed with a handgun, with a suspect vehicle, being described as a white pick-up, which fled the scene. By this description, I understood Officer Diaz to be speaking of the suspect vehicle as noted above. As Officer Diaz proceeded toward the location of the call from his present location in the area of 1st Street and Tustin Avenue. Officer Diaz then heard SAPD Traffic Division Officer J. Berwanger #2001 notify SAPD Dispatch that he was following the suspect vehicle and had it stopped in the northbound lanes/direction of Main Street at Chestnut Street. Upon hearing this, Officer Diaz responded to this secondary location and found himself behind several other SAPD units which had also responded and were in the process of conducting a Felony Car Stop on the suspect vehicle. After exiting his patrol vehicle, seeking cover behind the units present, Officer Diaz was advised that the subject in the aforementioned vehicle was indeed armed. Officer Diaz then withdrew his duty weapon and sought cover while Officer D. Garcia #323 I communicated with the driver of the suspect vehicle. These commands were consistent with telling the occupant of the pick-up, "Don't do it." As Officer Garcia continued to give the suspect commands, in both the English and Spanish languages, Officer Diaz noted SAPD Directed Patrol Officer M. Shifflett #3264, armed with a rifle, to be maintaining cover behind a tree located to the east of the activity and in the parking lot situated north of The Mills Bakery: 312 S. Main Street. Realizing that there were sufficient officers conducting the stop of the suspect vehicle, Officer Diaz re- holstered his duty weapon and positioned himself directly behind officer Shifflett, thus gaining a better position of suspect visibility. From this vantage point, furthermore, Officer Diaz had a clear line of sight of the suspect who was seated in the above indicated pick-up and alone. The driver's side window of this vehicle, furthermore, was down at this time. By this suspect position designation, I believed Officer Diaz to be speaking of Benito Osorio in referencing the suspect involved in the OIS. While Officer Diaz maintained this position, he heard the sound of one gunshot which emanated from within the suspect vehicle. After this shot was fired, Officer Diaz heard other officers continue with their command statements directed at Osorio. As he http://ir3/IR2.Web/Report.aspx?action=editreport&reportid=55000000000... 7/29/2015