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Int Ofc David Garcia by Smith_Redacted
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MARCH 11, 2015 - OIS2015.003 - SAPD 2015-06456
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Int Ofc David Garcia by Smith_Redacted
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Last modified
4/23/2026 12:55:06 PM
Creation date
4/23/2026 11:52:02 AM
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Police
Incident type
OIS
Date
3/11/2015
Case Name
Benito Osorio
Location
200 S Main Street Santa Ana, CA
Case #
2015-06456
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S.A. 15-005 <br />Investigator: R. SMITH Approved By: <br />Date of Report:7/1/15 Date: 07/08/2015 <br />Page 23 of 34 <br />SMITH: Okay. Great. (PAUSE) O <br /> had done the cross I think you indicated that you verbalized to <br />him yelling in both English and Spanish don’t do it, is that correct? <br />GARCIA: Correct? <br />SMITH: <br />GARCIA: Yeah. <br />SMITH: Can you take me back to when you saw the suspect squeeze the trigger <br />off, I think you said was it more than one time without the gun firing? <br />GARCIA: Yes. <br />SMITH: How many times do you think that happened? <br />GARCIA: Two to four. <br />SMITH: Was there anything he said after, and I say he the suspect, uh, said out <br />loud whether to you or anybody after those pulling the trigger the two to <br />four times, did he verbalize anything? <br />GARCIA: Not that I could have heard. <br />SMITH: Okay. Do you believe it was a malfunction that he had or do you believe <br />he was, uh, test run if you will or did you have any information at that? <br />GARCIA: Well based on my opinion I, like I stated earlier I…either A thought he had <br />a malfunction or B, he ran out of ammo. <br />SMITH: Okay. Um… And at some point you said he became, looked to you as if he <br />became angry and then he did a rack and load, do you recall seeing him <br />doing that? <br />GARCIA: Yes.
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