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OFFICE OF THE <br />DISTRICT ATTORNEY <br />ORANGE COUNTY, CALIFORNIA <br />TONY RACKAUCKAS, DISTRICT ATTORNEY <br />January 7, 2014 <br />Interim Chief of Police Carlos Rojas <br />Santa Ana Police Department <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Re: Officer-Involved Shooting on June 23, 2013 <br />Fatal Incident involving Jessica Gonzalez <br />District Attorney Case# S.A. 13-015 <br />Santa Anta Police Department Case # 2013-17 495 <br />Orange County Crime Laboratory Case # 13-48764 <br />Dear Interim Chief Rojas, <br />JIM TANIZAKI <br />SENIOR ASSISTANT 0.A. <br />VERTICAL PROSECUTIONS/ <br />VIOLENT CRIMES <br />MARY ANNE MCCAULEY <br />SENIOR ASSISTANT O.A. <br />BRANCH COURT OPERATIONS <br />JOSEPH D'AGOSTINO <br />SENIOR ASSISTANT O.A. <br />GENERAL FELONIES/ <br />ECONOMIC CR IMES <br />MICHAEL LUBINSKI <br />SENIOR ASSISTANT 0.A. <br />SPECIAL PROJECTS <br />JEFF MCLAUGHLIN <br />CHIEF <br />BUREAU OF INVEST IGATION <br />LISA BOHAN -JOHNSTON <br />DIRECTOR <br />ADMINISTRATIVE SERVICES <br />SUSAN KANG SCHROEDER <br />CHIEF OF STAFF <br />Please accept this letter detailing the Orange County District Attorney's (OCDA) Office's investigation and legal <br />onclusion in connection with the above-listed incident involving on-duty Santa Ana Police Department (SAPD) Officers <br />Gary Ayala and Saul Esquivel. Jessica Gonzalez, age 35 at the time, of Santa Ana, died as a result of her injuries . The <br />incident occurred in the City of Santa Ana on June 23, 2013, at approximately 8:07 a.m. <br />OVERVIEW <br />This letter contains a description of the scope of and the legal conclusions resulting from the OCDA's investigation of <br />the June 23, 2013, fatal, officer-involved shooting of Gonzalez. The letter includes an overview of the OCDA's <br />investigative methodology and procedures employed, as well as a description of the relevant evidence examined, <br />witnesses interviewed, factual findings, and legal principles applied in analyzing the incident and determining whether <br />there was criminal culpability on the part of the SAPD officers involved in the shooting. The format of this document was <br />developed by the OCDA, at the request of many Orange County police agencies, to foster greater accountability and <br />transparency in law enforcement. <br />On June 23, 2013, Investigators from the OCDA Special Assignment Unit (OCDASAU) responded to this incident. <br />OCDASAU Investigators conducted seven interviews, contacted 167 witnesses, and obtained and reviewed the <br />following: SAPD reports, audio recordings, and dispatch and radio traffic recordings ; Orange County Crime Laboratory <br />(OCCL) reports including firearms examination reports; crime scene investigation photographs; medical records and <br />photographs related to the injuries sustained by Gonzalez; criminal history records related to Gonzalez , including prior <br />criminal history records and prior incident reports; the personnel records of Officers Ayala and Esquivel ; and other <br />relevant reports and materials, including audio recordings of the conducted neighborhood canvasses. <br />The OCDA conducted an independent and thorough investigation of the facts and circumstances of this incident and <br />~as impartially reviewed all evidence and legal standards available. The scope and findings of this revie w are expressly <br />.nited to determining whether any criminal conduct occurred on the part of SAPD officers or personnel, specifically <br />Officers Ayala and Esquivel. The OCDA will not be addressing iss ues of policy, train ing, tactics, or civil liabil ity. <br />1