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S.A. 15-005 <br />Investigator: DEAN FULCHER Approved By: <br />Date of Report:03/12/2015 Date: 03/17/2015 <br />Page 4 of 4 <br />DIAZ heard approximately four gunshots and saw OSORIO fell to the ground. After OSORIO <br />was shot, several officers moved up to him and took him into custody. DIAZ had not removed his <br />duty weapon from his holster and stepped back behind SHIFFLET and the tree to obtain cover. <br />DIAZ’ decision to not drawn his weapon was a tactical one he based on the fact he was behind <br />SHIFFLET, who had deployed lethal cover, in the form of his rifle. DIAZ took the position in an effort <br />to obtain a better view of OSORIO and his actions, which he could relay to officers positioned <br />behind OSORIO’s pick-up. <br />DIAZ felt that when OSORIO exited the vehicle and faced the officers armed with the <br />handgun, he felt OSORIO was going to “start firing at officers and possibly kill one of them.” DIAZ <br />also described the area where the shooting occurred as heavily populated, and if OSORIO fired his <br />weapon, it would put the general public in danger as well. <br /> <br /> <br /> <br />