Int Ofc S Diaz by Fulcher - Laserfiche WebLink

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S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/12/2015 Date: 03/17/2015 Page 3 of 4 DIAZ heard officers relaying information that the individual in the truck was still moving. When DIAZ arrived at SHIFFLET’s location, he was provided an unobstructed view of the driver’s side of the pickup. DIAZ took a position next to SHIFFLEET, who was armed with a rifle. DIAZ holstered his weapon and began relaying his observations to the officers directly behind the pick- up. Approximately one to two minutes after changing positions, DIAZ observed the subject, later identified as BENITO OSORIO, sitting in the driver’s side of the pick-up. The window on the driver side door was in the down position, and DIAZ could see OSORIO holding his right hand up to his ear, as if he were talking on a cellular telephone. DIAZ could not see the telephone or hear what OSORIO was saying. DIAZ observed a significant amount of apparent blood on the head and face area of OSORIO. After the gunshot, several officers approached the white pick-up truck in an effort to check on the well-being of OSORIO. When the officers approached to within approximately fifteen feet south of the pick-up truck, one of the advancing officers advised OSORIO was still moving. The officers then retreated back to their positions of cover behind the police vehicles. After several minutes, the driver’s door of the vehicle opened. Several seconds after the door opened, OSORIO slowly exited the vehicle. DIAZ could see that OSORIO had a cellular telephone in his right hand and a stainless steel semi-automatic handgun in his left hand. DIAZ warned the other officers that OSORIO had a gun; and watched as OSORIO turned and faced the officers positioned on Main Street, south of his pick-up. OSORIO slowly raised the gun up and pointed it in the direction of the officers, who were behind the stopped pick-up. DIAZ heard commands given to OSORIO to stop and drop the gun, but he failed to comply with the commands and continued to raise the gun up in his left hand.