Int Ofc J Berwanger by Fulcher_Redacted

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S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/13/2015 Page 3 of 4 The truck hesitated for approximately one second before turning northbound on to Main Street. BERWANGER followed the pick-up truck northbound Main Street until it stopped, for heavy traffic, in the area of 300 South Main Street. Two marked SAPD vehicles arrived and stopped behind the pick-up truck. BERWANGER parked his motorcycle on the east sidewalk of Main Street, south of the pick-up truck. Additional SAPD officers arrived and a felony car stop was initiated. After BERWANGER parked his motorcycle, he heard an unknown officer state, “He’s got a gun, he’s got a gun.” BERWANGER could see the silhouette of a subject inside of the pick-up truck. BERWANGER moved to a position of cover near an SAPD police vehicle, which was parked directly behind and approximately twelve feet south of the pick-up. For approximately fifteen seconds, BERWANGER heard officers pleading with the subject, later identified as OSORIO, to “drop the gun,” “put the gun down,” and “don’t do it.” Approximately one minute later, BERWANGER heard an unknown officer state that OSORIO . Approximately thirty seconds later, a single gunshot was heard. The gunshot appeared to have come from inside the cab of the pick-up truck. Immediately following the gunshot, BERWANGER saw the silhouette , followed by the sound of the pick-up truck engine racing. It appeared to BERWANGER that OSORIO had his foot on the accelerator and that the vehicle was in either park or neutral. The engine continued to race for approximately ten to fifteen seconds before it slowed down again. BERWANGER, and SAPD Officers WILLIAM SWEET and ED DEMARCO began advancing along the passenger side of the pick-up truck, to “clear the cab.” Prior to their reaching the cab portion of the pick-up, they were advised by other officers that OSORIO was still moving and to “get back.”