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Internal File# OIS 2013-06 Officer Ayala before and he said yes. I asked Officer Esquivel if he's ever heard Officer Ayala speak in a normal tone of voice before and he said yes. I asked Officer Esquivel if he had heard Officer Ayala speak in that tone of voice before, when he yelled gun and he said no. I asked Officer Esquivel if that was a factor when he was coming to a decision as to what type of force to use. Officer Esquivel said that was definitely taken into consideration. I asked Officer Esquivel if Officer Ayala was walking or running east bound toward his car and he said running. I asked Officer Esquivel to describe what he sa w in relation to Officer Ayala running; meaning was he running as fast as he could or was he jogging . Officer Esquivel said, "I perceived that he was trying to get away that mouth of the garage as quickly as he could . Um, just because the way he was moving , the way he was aiming his gun. He wasn 't even ... he wasn 't really taking aim at whatever was coming out of that garage or from that direction. It was just like ... almost like a quick reaction from him to lay down some fire and to get away from there and seek some cover." I asked Officer Esquivel if Officer Ayala's actions led him to belie ve that the threat was in front of the open garage and he said yes . I asked Officer Esquivel if he could see if the rounds that Officer Ayala fired , hit the suspect and he said he couldn't tell. I asked Officer Esquivel if the suspect was moving toward Officer Ayala at the moment that he used deadly force and he said yes. Inspector Gonzalez had Officer Esquivel make red and blue marks on the map to indicate the positions and movements of the officers and the suspect. Officer Esquivel used blue to indicate the locations and movement of the officers and red to indicate the location and movement of the suspect. Inspector Gonzalez asked Officer Esqui vel what the suspect was doing , saying or carrying when she entered his field of view. Officer Esquivel said she was running into the alley and he didn 't see her holding anything and he didn't hear her say anyth ing. Attorney asked Officer Esquivel what type of view he had of the suspect (frontal, profile or back). Officer Esquivel said he had a right side profile view. Inspector Gonzale z asked Offi cer Esquivel if he's patrolled that area before and he said yes. Inspector Gonzalez asked Officer Esquivel what he knows about th at area. Officer Esquivel said that a juve nile was stabbed in that area two nights before and that would le ad him to believe that th ere 's a gang problem in the area . Insp ecto r Gonzalez asked Officer Esquivel if he ever lost sight of his partner and he said yes, when Officer Esquivel w as engaging the suspect. Inspector Gonzalez asked Officer Esquivel if he ever lost sight of his pa rtner to the west a nd he said no. Page 11