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S.A. 15-005 Investigator: VIVIAN TABB Approved By: Date of Report:03/25/2015 Date: 04/07/2015 Page 2 of 3 Officer LOPEZ arrived on scene and positioned his vehicle on Pine Avenue, just west of Main Street to stop traffic from entering onto Main Street. LOPEZ exited his vehicle and walked south to the north side of the bakery, west of where the suspect vehicle was stopped. LOPEZ saw SAPD Officer SHIFFLET take a position behind a tree, facing eastbound, toward the suspect vehicle. LOPEZ positioned himself approximately 10 feet north of Officer SHIFFLET, behind a blue, Ford Econoline van, giving himself a clear view of the male suspect, later identified as BENITO OSORIO, sitting in the driver’s seat of the white pick-up truck. LOPEZ estimated he was approximately 3 traffic lanes east of where OSORIO’s vehicle was stopped. LOPEZ observed OSORIO bleeding severely from the face and moving around inside the truck. LOPEZ saw OSORIO raise a gray colored object to the right side of his face, and he was moving his mouth. LOPEZ was not sure if OSORIO was talking on a telephone or making facial gestures in pain. He heard officers saying in English, “Drop the gun, don’t do it, don’t do it.” A few moments later, OSORIO opened the driver’s door and exited the vehicle facing west and then turned south. LOPEZ could not see OSORIO’s hands at this time, because the open truck door was blocking the view of the center of his body and hands. LOPEZ had his weapon drawn, pointed at OSORIO. LOPEZ considered OSORIO had already shot himself, and the call was for an assault with a deadly weapon, and LOPEZ knew OSORIO had a gun. LOPEZ heard commands in English, “Drop the gun, drop the gun.” A few seconds later, LOPEZ heard the sound of gun shots for 1-2 seconds, but did not know how many gunshots he heard. Once the shots were fired, LOPEZ saw OSORIO lean forward, away from the door which brought OSORIO’s body and hands into LOPEZ’ view for a few seconds. LOPEZ saw OSORIO holding what appeared to be a handgun. He saw OSORIO stand upright for 1-2 seconds, drop to his knees and fall face down. LOPEZ saw officer’s approach and handcuff OSORIO, shortly afterwards the paramedics arrived on scene to treat OSORIO.