19-05804 Supplemental Report (Alcala and Martinez Interviews)_Redacted

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a black hoodie with a black beanie crouched down on the west side of the alley near the carport of 1821 S. Cedar Street. The male was crouched down while presenting a handgun he was holding in both hands. The male was pointing the handgun and facing northbound in the alley. Detective Martinez immediately told Detective Solorio that the male just shot at Corporal Alcala¶s unit based on what he was seeing. Detective Martinez said that as he first drove past the alley prior to the shots being fired he observed the other gang unit vehicle traveling northbound in the alley. The alley was well lit and Detective Martinez did not see anyone else in the alley. He did not recall seeing any other vehicles in the alley. Corporal Alcala¶s unit appeared to be halfway up the alley. Detective Martinez said that immediately after passing the alley he heard the three loud shots in rapid succession. Detective Martinez immediately stopped his vehicle and drove it in reverse until he could see down the alley, including the west side of the alley. Detective Martinez then saw the male with the black hoodie and the black beanie covering his forehead. The male was crouched downward with his torso and knees bent and appeared to be using the rear portion of a parked car in the carport as a shield or cover. The male had his arms extended and was pointing a gun in a northbound direction. Based on his positioning, Detective Martinez believed the male had just fired the gunshots he heard. Detective Martinez said Detective Solorio immediately got out of the patrol car onto the sidewalk and began running towards the male. Believing the male would flee westbound to Cedar Street, Detective Martinez drove to Cedar Street and parked at the corner of Cedar Street and Occidental Street. Detective Martinez ran onto Cedar Street believing the male had run onto Cedar Street. Detective Martinez did not see anyone come out onto the street, however. Believing that the male ran the opposite direction (eastbound), Detective Martinez ran eastbound into the courtyard of the apartment complex at which time he heard two to three additional gunshots. Detective Martinez ran into the alley and heard Detective Solorio giving commands of ³Show me your hands.´Detective Martinez observed Detective Solorio positioned behind a dumpster while giving these commands. Detective Martinez then observed a male lying on the ground with a handgun beside him. Based on the male¶s clothing, Detective Martinez recognized him as the same male he had seen pointing the gun in the alley. Detective Martinez said that the male turned his head and made eye contact with him. Detective Martinez immediately recognized him as Oscar Penaloza Alvarado aka Smokey from the Delhi gang. Detective Martinez knew Alvarado was a felon who had recently been arrested for gun possession and the case rejected. Detective Martinez said that Alvarado perhaps shot at the officers because he was facing a potential third strike for the gun arrest and was looking for retribution. Detective Solorio and Corporal Alcala had made that arrest of Alvarado for the gun possession and Alvarado would have recognized Corporal Alcala as he drove by him in the alley. If Alvarado had been standing in the carport where Detective Martinez initially saw him presenting the gun, he could have readily seen who was inside of the police vehicle as it drove down the alley. Therefore, Alvarado could have been acting in retribution when he was firing at Corporal Alcala. Detective Martinez said that respect is paramount in gang culture and a violent act upon a Santa Ana PD 2019-05804 8 of 9