DA Letter_Redacted - Laserfiche WebLink

Home Browse Search

INVESTIGATIVE METHODOLOGY Among other duties, the OCDASAU is responsible for investigating officer-involved shootings within Orange County ·vhen someone has been injured as a result of police gunfire. An OCDASAU Investigator is assigned as a case agent dnd is supported by other OCDASAU Investigators, as well as Investigators from other OCDA units . Six Investigators are assigned to the OCDASAU on a full-time basis . There are additional OCDA Investigators assigned to other units in the Office trained to assist when needed. On average, eight Investigators respond to an incident within an hour of being called . The Investigators assigned to respond to an incident perform a variety of investigative functions that include witness interviews, neighborhood canvass, crime scene processing and evidence collection , vehicle processing, and hospital investigative responsibilities as needed. The OCDASAU audio records all interviews, and the OCCL processes all physical evidence related to the investigation. When the OCDASAU Investigator has concluded the investigation , the file is turned over to a veteran Deputy District Attorney for legal review . Deputy District Attorneys from the Homicide or Gang Units review fatal, officer-involved shootings and custodial death cases and determine whether criminal charges are appropriate. Prosecutors assigned to the Special Prosecutions Unit review non-fatal officer-involved shooting cases for possible criminal filings . Throughout the review process, the assigned prosecutor will be in consultation with his or her supervisor, and this Assistant District Attorney will eventually review and approve any legal conclusions and resulting memos. The case may often be reviewed by multiple veteran prosecutors, their supervisors, the Chief of Staff and the District Attorney. If necessary, the reviewing prosecutor may send the case back for further investigation . An important part of the investigation of an incident such as this is attempting to obtain a statement from the invol ved officers. Officers Ayala and Esquivel provided separate, voluntary statements to the OCDA on Sept. 23, 2013 . FACTS Introduction he following synopsis of the incident is based upon our analysis of the evidence, the primary sources of which are: • the statements of witnesses to the incident, primarily the statements of Officers Ayala and Esquivel ; • statements from civilians in the surrounding area; • statements from medical personnel who attended to Gonzalez's injuries; • the forensic crime scene evidence; and • the medical evidence concerning Gonzalez's injuries. The primary witnesses to the incident were Officers Ayala and Esquivel. Civilians in surrounding apartments were on the scene, but none witnessed the shooting . As often occurs in human affairs, none of the witnesses' perceptions of the incident are identical. Nevertheless, after reviewing their statements and considering the other evidence, we believe that the facts set forth in this synopsis are well established . Synopsis On June 20, 2013, at approximately 3:32 p.m ., Orange Police Department (OPD) officers were dispatched to the 2000 block of East Palmyra in the City of Orange regarding an armed female suspect involved in a shooting. At the scene, they discovered a woman who had been shot three times in the back with a .38 caliber handgun. She was transported to the hospital, where she died of the gun shot wounds . OPD detectives identified the victim's ex-girlfriend , Gonzalez , as the su spect in the homicide and obtained a warrant for her arrest. Three days later, on June 23 , 2013, at around 8:00 a.m., SAPD officers Aya la and Esquivel were conducting a patrol check on the 800 block of South Townsend Street, Santa Ana, regarding a possible gang-related stabbing that had ~curred several days prior. Earlier that day, they had received a "Wanted Bulletin" and a briefing from SAPD -,upervisors naming Gonzal ez as wanted for the June 20, 2013 , homici de. 2