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Administrative Memo_Redacted
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Officer Involved Shooting
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OIS2013.006|JUNE 23, 2013|SAPD 13-17495
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Internal File# OIS 2013-06 <br />I asked Officer Esquivel if he knew his exact position at the time that he fired his <br />weapon. Officer Esquivel said he knew he was in the alley, but he couldn't tell me if he <br />was closer to his car or closer to the west wall of the alley. I asked Officer Esquivel if <br />he could tell from his vantage point if Officer Ayala was shooting at the suspect when <br />he fired his weapon. Officer Esquivel said that he couldn't tell initially, because at the <br />time Officer Ayala fired his first round, the female wasn't in his field of view. It was a <br />split second later that the female came into his view. Once the female suspect went <br />down, Officer Esquivel remembered seeing a couple males poking their heads out of <br />the garage and looking down the alley toward him. I asked Officer Esquivel if he could <br />see the direction that his partner was firing his weapon. Officer Esquivel said that <br />Officer Ayala was firing in the direction of the mouth of the garage. I asked <br />Officer Esquivel if that was the same direction that he saw the female come from and <br />he said yes. <br />I asked Officer Esquivel if he would expect a suspect to run toward an officer shooting <br />at them or away from them. Officer Esquivel said he would normally expect them to <br />run away from the gunfire. However, he was aware of a situation at his previous <br />agency when the suspect ran toward the officer. In that instance the suspect wanted <br />to commit "suicide by cop" and ran toward the officers. I asked Officer Esquivel to <br />define what the term "suicide by cop" meant to him . Officer Esquivel said that he <br />defined it as a person that can't kill themselves so they have the police do it for them. I <br />asked Officer Esquivel if he was aware of any occasions where a suspect would run at <br />an officer who is firing at them, other than "suicide by cop" and he said no . <br />I asked Officer Esquivel if it heightened his sense of awareness when he saw the <br />female suspect running at a police officer who was firing at her and he said yes it did . I <br />asked Officer Esquivel what was going through his mind when he saw that. He said he <br />thought the female suspect was going to shoot Officer Ayala. I asked Officer Esquivel <br />if that was the time that he decided to use deadly force and he said yes, he drew his <br />firearm and fired at the suspect. I asked Officer Esquivel what direction his rounds <br />traveled and he said northbound. I asked Officer Esquivel how many rounds he would <br />estimate he fired. Attorney asked Officer Esquivel to estimate that number <br />based solely on what he remembered at that time, not based on any round count that <br />may have occurred subsequent to the shooting. Officer Esquivel estimated <br />approximately four rounds. <br />I asked Officer Esquivel to explain what he thought was going to happen between the <br />suspect and his partner as she was running toward him . Officer Esquivel said, "Based <br />on the loud pitch of his voice . Him yelling , 'Gun!' Him running away really quickly trying <br />to get away. And me seeing the female running after Officer Ayala . I thought that she <br />was potentially going to shoot Ayala." I asked Officer Esquivel if he's ever worked with <br />Page10
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