HomeMy WebLinkAbout09_0 SA 20-027 Interview Celeste Fernandez_Toth.REDACTED.TBR SA 20-027
Investigator: T. Toth #366 Approved By:
Date of Report:01/20/2021 Date: 01/22/2021
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CASE NAME:
CLASSIFICATION: CUSTODIAL RELATED DEATH
INTERVIEW OF: CELESTE FERNANDEZ, CORRECTIONAL OFFICER
SANTA ANA POLICE DEPARTMENT DETENTION FACILITY
60 CIVIC CENTER PLAZA, SANTA ANA, CA 92701
(714) 245-8100
PRESENT: FRANK GOMEZ, DETECTIVE
SANTA ANA POLICE DEPARTMENT
62 CIVIC CENTER PLAZA, SANTA ANA, CA 92701
(714) 245-8582
DATE AND TIME: 11/14/2020 1755 HOURS
LOCATION: SANTA ANA POLICE DEPARTMENT
On November 14, 2020, at approximately 1755 hours, Santa Ana Police Department
(SAPD) Detective FRANK GOMEZ and I conducted an interview with Santa Ana Police Department
Detention Facility (SAPDDF) Correctional Officer CELESTE FERNANDEZ at the SAPD facility located
at 62 Civic Center Plaza, Santa Ana. Also in attendance was FERNANDEZ’ Attorney,
The interview was related to the custodial death of at SAPD
Jail on November 4, 2020. The interview was audio recorded and the following is a transcription
of that recording:
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
BUREAU OF INVESTIGATION
INTERVIEW REPORT
SA 20-027
Investigator: T. Toth #366 Approved By:
Date of Report:01/20/2021 Date: 01/22/2021
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LEGEND: … Denotes pauses between words or phrases, incomplete sentences,
Stammering, etc. (Does not indicate missing words).
*** Denotes unintelligible conversation.
(SIC)Denotes precisely reproduced word.
[BEGINNING OF INTERVIEW]
TOTH: Okay. Today’s date is November 14th, 2020. Time now is 5:55 pm. This
interview is being conducted regarding Orange County District Attorney’s
Office Special Assignment’s case 20-027 related to a custodial death at
Santa Ana Police Department. Interview is being conducted in the
executive conference room at Santa Ana Police Department. My name is
INVESTIGATOR TOM TOTH, T-O-T-H. And if we could just have, uh,
DETECTIVE GOMEZ and introduce yourselves, spell
your name for me and then if we can have you, uh, OFFICER FERNANDEZ
last, do that.
GOMEZ: My name’s FRANK GOMEZ. F-R-A-N-K. Last of GOMEZ, G-O-M-E-Z.
Badge number 2706.
This is . Last is spelled I’m
OFFICER FERNANDEZ’, uh, union appointed counsel.
FERNANDEZ: Um, my name is OFFICER CELESTE FERNANDEZ. Spelled C-E-L-E-S-T-E.
Last name is spelled F-E-R-N-A-N-D-E-Z. Um, badge number 3142.
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Investigator: T. Toth #366 Approved By:
Date of Report:01/20/2021 Date: 01/22/2021
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TOTH: Okay. Thank you, very much. Okay, uh, OFFICER FERNANDEZ, is this a
free and voluntary statement?
FERNANDEZ: Yes.
TOTH: Okay. Has anyone from your agency ordered you to give a statement?
FERNANDEZ: No.
TOTH: Okay. And do you feel compelled to give a statement because the District
Attorney’s Office is involved?
FERNANDEZ: No.
TOTH: Okay. Thank you. Okay. Could you start out by telling us what your
current assignment is? (BACKGROUND NOISE).
FERNANDEZ: Um, I was currently assigned to 3 Charlie, Mod. Officer. Um, we do a
three month rotation and that’s my current assignment.
TOTH: Okay. And what is your official job title?
FERNANDEZ: Correctional Officer. Um…
TOTH: Okay.
FERNANDEZ: Yeah. *** Correctional Officer.
TOTH: Okay. How long have you been at your present assignment?
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FERNANDEZ: Um, we just rotated for a new assignment’s three weeks ago. I think,
four weeks. Um, and I had just returned from vacation. So I had only
been in there a week.
TOTH: Okay. In total at Santa Ana Police Department, how long have you been a
correctional or a custodial officer?
FERNANDEZ: 13 years.
TOTH: 13 years? Okay. And did you receive any formal training where you, uh,
received an, a certification to be a custodial officer?
FERNANDEZ: Yes.
TOTH: when and where was that?
FERNANDEZ: Um, 199-. Uh, 19, er-, 2000-. Wait, *** 2007. Um, it would of been 2007
I got hired, 2008, uh, is when we, uh, I went through the academy for the
Orange County Sheriff’s Department. That was our acad-, that’s where
they sent us to the academy.
TOTH: Okay.
FERNANDEZ: Prior to that I had gone through, um, LASD Sheriff’s Academy. So, um, I
was a custody assistant in LASD for two years.
TOTH: Okay. So 13 years here with Santa Ana PD.
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FERNANDEZ: Two years with LASD.
TOTH: Okay. Here began in approximately 2007?
FERNANDEZ: 2007. Yes, October.
TOTH: And you went through the custody…
FERNANDEZ: Yes, the…
TOTH: …certification class…
FERNANDEZ: Yes.
TOTH: …in 2008?
FERNANDEZ: Yes.
TOTH: Okay. And prior to that you worked for LASD as a custody assistant…
FERNANDEZ: Correct.
TOTH: …for approximately two years?
FERNANDEZ: Correct.
TOTH: Did you receive any formal training from, uh, LA County Sheriff’s
Department?
FERNANDEZ: I did. Eight weeks of intensive, um, academy.
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TOTH: And did you receive a, a certification?
FERNANDEZ: Yes.
TOTH: Custodial assistant?
FERNANDEZ: Assistant. Correct.
TOTH: That would-. Okay.
FERNANDEZ: ***.
TOTH: Okay. What-. What are the, uh, normal hours of your shift?
FERNANDEZ: 1800 to 0630 hours.
TOTH: Okay. And what days are the week are your regular work days?
FERNANDEZ: Sunday, Monday, Tuesday, every other Saturday night.
TOTH: Every other Saturday?
FERNANDEZ: Every other Saturday night, yes.
TOTH: Okay. Okay. Other than LASD, did you have any prior law enforcement
experience?
FERNANDEZ: No.
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Investigator: T. Toth #366 Approved By:
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TOTH: Okay. All right. Okay, uh, after the incident you, you were processed
which means somebody took photos of, uh, what you were wearing that
evening.
FERNANDEZ: Correct.
TOTH: Do-. Do you remember that?
FERNANDEZ: Yes.
TOTH: Okay. And just to clarify, um, during that shift which would have began
on November 3rd?
FERNANDEZ: Correct.
TOTH: You were wearing, uh, Santa Ana Police Department uniform with Santa
Ana Police Department patches?
FERNANDEZ: Correct.
TOTH: On each shoulder?
FERNANDEZ: Yes.
TOTH: And your badge.
FERNANDEZ: Yes.
TOTH: Okay. And what is your badge number, please?
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FERNANDEZ: 3142.
TOTH: Okay. All right. So your work shift on November 3rd, 2020…
FERNANDEZ: Uh-huh.
TOTH: …that began at…
FERNANDEZ: 1800.
TOTH: …1800?
FERNANDEZ: Yes.
TOTH: Okay. Was that a regular work shift for you?
FERNANDEZ: Um, that ***. My work shift that day began at, at 3:00 o’clock in the
afternoon. So 1500 I ha-, I came in early for mandatory, um, because
they were short-staffed and we had, um, an influx of female intakes. So
they needed someone to come in.
TOTH: So they called you in early?
FERNANDEZ: I-. I was, um, first on the mandatory list. So I came in early.
TOTH: Okay. (PAUSE). Okay. You started-.
: Was that 11:00 too when you started?
FERNANDEZ: No, 11:30 still.
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: It was on *** (SPEAKING SIMULTANEOUSLY).
FERNANDEZ: It was still 11:30. Yeah.
TOTH: Okay. So when you started your shift...
FERNANDEZ: ***.
TOTH: …it, it would not be the normal, uh…
FERNANDEZ: I woulda-.
TOTH: …duties? You-. You had an influx of what? *** (SPEAKING
SIMULTANEOUSLY).
FERNANDEZ: I helped to, uh, was a search and escort. Um, *** my assignment was
search and escort.
TOTH: You processing new…
FERNANDEZ: Processing new in-.
TOTH: …new inmates?
FERNANDEZ: New inmates.
TOTH: Okay.
FERNANDEZ: ***.
TOTH: And getting them settled?
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FERNANDEZ: Yes.
TOTH: Okay.
FERNANDEZ: And housing them. To…
TOTH: Okay.
FERNANDEZ: To…
TOTH: And…
FERNANDEZ: …their unit.
TOTH: …was that in your regular mod. or was that in…
FERNANDEZ: No, no, no.
TOTH: …in a different portion?
FERNANDEZ: It was, it was, uh, females.
TOTH: Okay. Okay. How, how far into your shift were working on that?
FERNANDEZ: Uh, well we stay on our shift. So, um, I come in early and then I start my
shift at 1800. So I went up to relieve, um, I think about 1815 or so, um,
from where I was posted into my regular. To my regular duties.
TOTH: Your first posting was to assist so that would not be what your regular
duties are. Correct?
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FERNANDEZ: Correct. *** on a normal shift night where I’m posted is 3 Charlie.
Unless they reassign us somewhere else.
TOTH: Okay.
FERNANDEZ: But yeah.
TOTH: So did you finish the, uh, processing of the new inmates?
FERNANDEZ: I finished my portion and went up to my housing unit.
TOTH: To your regular…
FERNANDEZ: To my regular shift.
TOTH: Okay.
FERNANDEZ: To my regular assignment.
TOTH: All right. And can you kinda just give us, uh, a, a quick version of what
the beginning of your shift consists of and then when you really get
working through the course of it?
FERNANDEZ: Um, head count. Um, so we do, we do a formal head count. Um, we do,
um, security check. Um, and then our day room starts at 1900 hours
which is 7:00 o’clock. So that’s when the inmates come out. Um, 3
Charlie is our, um, modified unit. So it’s, it’s our medical unit right now.
So we only have one inmate come out at a, at a…at a time.
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TOTH: Okay.
FERNANDEZ: So I had my first inmate out at 7:00 and it goes until, um… For 3 Charlie
we have inmates out until approximately midnight. If we are… If they’re
housed consecutively. Um, if there’s someone in each, uh, mod. bed,
so…
TOTH: Okay.
FERNANDEZ: …if I have someone in 3 Charlie 1 and he’s due to come out at 7:00, 3
Charlie 2 is next and it goes up until 11:00 o’clock and the last hour, then
they go back down at midnight.
TOTH: Okay.
FERNANDEZ: Um…I think that night, um, I don’t know if I had a full night or not. I can’t,
I can’t recall.
TOTH: Okay. You said 3 Charlie is a modified unit. Can you kinda, uh, give us a
little more information on, on what you mean by a modified unit and the
inmates that are there?
FERNANDEZ: There it’s a medical… It’s a, it’s an isolation unit right now.
TOTH: Okay.
FERNANDEZ: Where, um, the new intakes, um, come in or they’ll, they return from
court and have to be placed on the isolation due to the coronavirus. So
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Date of Report:01/20/2021 Date: 01/22/2021
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that’s part of, um, what we’ve done over on, at the jail aside to alleviate
hopefully any type of spread of the coronavirus. So…
TOTH: So it’s like a quarantine unit?
FERNANDEZ: It’s a quarantine unit.
TOTH: Okay.
FERNANDEZ: Yes.
TOTH: And how long are… Is there a set time when the inmates who come to 3-
C are quarantined?
FERNANDEZ: ***. When they first get there it’s 14 days. Um, if they return from
court, I think it’s seven days. Um, it’s also, um, it’s *** when I say
modified unit, it’s also, um, housed disciplines. Um, so if there’s anybody
that’s on discipline they serve their disciplinary status in our, in 3 Charlie.
TOTH: Okay. So you were talking a few moments ago that you have...
FERNANDEZ: But it’s only one, one cell out at a time.
TOTH: Okay. And what, what does that consist of? Is that dinnertime and time
to walk around or how, how does that work?
FERNANDEZ: No, no, no they… It’s just day room. However, they choose to ***
whether they choose to watch TV, exercise. Um, just however they
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choose-, use the phone, shower; it’s their program. However they wanna
program for that hour. They get, they get that hour.
TOTH: They get an hour?
FERNANDEZ: Yes.
TOTH: Okay. That’s what I was…
FERNANDEZ: Um, a, a block. Yeah, one hour…
TOTH: Okay.
FERNANDEZ: …block of time.
TOTH: Okay. On November 3rd, 2020, do you remember when, uh, inmate
had his time out?
FERNANDEZ: Um, inmate is housed in 3 Delta and, um, ***. So that night we
were on modified schedule. Um, I was running both units. 3 Delta and 3
Charlie after 9:30. Um, so we have a partition and it gets raised, um,
once one officer leaves. Um, and because, um, there wasn’t a staff to
*** to be in 3 Delta, I was running both 3 Delta and 3 Charlie at that time.
So, uh, I was in charge of doing welfare checks on both sides after 9:30
but I didn’t start in 3 Delta. I mean I didn’t start that until after 9:30. At
actually, I went on… Yeah, my break, uh, I think approximately 9:15, 9:30
I relieved him and he left around 9:30 or so. He was on mandatory
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overtime, the officer who was taking care of 3 Delta, during dayroom
time. Um, so at 9-, approximately 9:30, 9:40 is when I took over doing
both units. Um, no one on 3 Delta side was out *** for the rest of the
night. Only 3 Charlie, um, because of the way it’s run. And again, I think I
might of had, um, maybe one or two inmates left to come out for that
evening. Um, so I, I know I did finish early with, with inmates. I don’t
know if it was 10:00 o’clock or 11:00. Um, I would have to look back at
that. Um, but my responsibility was to make sure and do my, do the
checks while, um, for both units at, um, starting after 9:30.
TOTH: Okay.
FERNANDEZ: So I didn’t have any, um… I didn’t have any interaction with that
day at all.
TOTH: Okay. So at 9:30 you have responsibility for 3 Charlie and 3 Delta.
FERNANDEZ: Correct.
TOTH: Okay.
FERNANDEZ: And that’s doing whether it’s medical-, whatever comes into play at that,
after that time.
TOTH: Okay. Just so I clearly understand you were still…
FERNANDEZ: *** (SPEAKING SIMULTANEOUSLY).
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TOTH: …letting the people from 3 Charlie…
FERNANDEZ: I still had…
TOTH: …who needed to have their time?
FERNANDEZ: Yes.
TOTH: Okay.
FERNANDEZ: The way that-, that’s the way, um, that runs. That unit runs.
TOTH: To the best of your recollection, do you remember how many people
after 9:30 you had to give their time?
FERNANDEZ: ***. I think I either had one or two.
TOTH: Okay.
FERNANDEZ: I’m not exactly sure but like I said…
TOTH: So you’re almost done?
FERNANDEZ: I’m-. I’m almost done for the night. Um, ‘cause I know that I didn’t have
any-. I know for a fact I didn’t have anybody from 11:00 to 12:00 out. I
just don’t remember if, if I was done at 10:00 or if I was done at 11:00.
TOTH: Okay.
FERNANDEZ: Uh, I don’t recall that.
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TOTH: All right. So let’s go to the, the, uh, span of time 9:30 pm on the 3rd.
FERNANDEZ: Uh-huh.
TOTH: Okay. From that time until you had a break or your lunch. How-. How
long was that?
FERNANDEZ: Um, I went on my lunch a little after midnight.
TOTH: Okay.
FERNANDEZ: Uh-huh.
TOTH: From 9:30 pm…
FERNANDEZ: Uh-huh.
TOTH: …to when you went to your lunch around midnight.
FERNANDEZ: Uh-huh.
TOTH: What, uh, checks did you do for both units?
FERNANDEZ: Um, my usual checks. Um, twice *** you know, tw-. Generally, it’s twice
an hour unless something comes up. If medical happens to be in there,
um, or if I have to deal with an inmate issue. Sometimes those things get
thrown off a little bit when there’s dayroom time happening. Um, or you
know, but that’s all *** documented.
TOTH: All things perfect?
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FERNANDEZ: ***.
TOTH: You, your procedure is to do…
FERNANDEZ: To do checks ***.
TOTH: …every 30 minutes?
FERNANDEZ: ***. Twice in an hour.
TOTH: Okay. So it doesn’t have to be every 30 minutes…
FERNANDEZ: No.
TOTH: …just twice in an hour?
FERNANDEZ: Twice in an hour. Uh-huh.
TOTH: Okay. And, uh, is it common practice for you guys to be short staffed and
you have to handle…
FERNANDEZ: Uh…
TOTH: …an additional unit besides your own?
FERNANDEZ: We have been, yes.
TOTH: Okay.
FERNANDEZ: Recently. In the, in the more recent *** years. Yeah.
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TOTH: So how, how do you physically do that? Do you do 3 Charlie first and
then go over to 3 Delta?
FERNANDEZ: It just, eh, it just depends. Um, we have sliding doors, uh, that are, uh,
that open. Um, our bottom one for 3 Charlie, Delta doesn’t open but the
tops, uh, sliders do on both partitions. So I can walk around and I don’t
have to go on one side, do one side and then go and do the other. So
generally the way I do my checks, um, I’ll start on a, on the bottom tier
and it really doesn’t… I don’t really have a set whether I do it on 3 Charlie
side or 3 Delta first. I kinda mix it up just because I don’t want the
inmates to know when I’m coming around.
TOTH: Uh-huh.
FERNANDEZ: It’s more of a, uh, you know, a safety issue and, and you know, security.
So *** they kind of hopefully don’t have a, you know, know when I’m
gonna show up. Which is kind of what we do to keep it secure.
TOTH: Do you have like a mental checklist for yourself though?
FERNANDEZ: I do. *** (SPEAKING SIMULTANEOUSLY).
TOTH: So you know you hit everybody?
FERNANDEZ: Absolutely.
TOTH: Okay.
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FERNANDEZ: Yeah, yeah. Yeah, I do. So I always… For me I always start on the bottom
and then I go to the top.
TOTH: Okay.
FERNANDEZ: So that’s, that’s how I, I’ve done it.
TOTH: So to the best of your recollection on, on the 3rd from that 9:30 pm time
to when you went to your lunch or dinner at, uh, around midnight...
FERNANDEZ: Yeah.
TOTH: You remember how many times you would of went around? I mean you
still had a couple, you still had a couple people that needed their time.
FERNANDEZ: Right.
TOTH: In 3 Charlie.
FERNANDEZ: Right.
TOTH: Uh, just to the best of your recollection.
FERNANDEZ: I probably did at least four, I would think four checks. *** at least that
many if not more, depen-. Like I said, um… I don’t, I’m not exactly ***.
GOLDWASSER: Whatever checks you had performed, would they had been ***
(SPEAKING SIMULTANEOUSLY).
FERNANDEZ: They will-. They would of-.
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GOLDWASSER: Was there a record?
FERNANDEZ: Yeah. *** in been… ***, they will be logged. It would be logged.
(CHUCKLES).
TOTH: Okay. Um…
FERNANDEZ: Thank you.
TOTH: Do you recall having any, uh, extraordinary events between that period
of time? The 9:30 pm to when you went to your lunch? Do you have any
issues or any, uh…
FERNANDEZ: Nothing.
TOTH: …problems that you had to deal with?
FERNANDEZ: Nothing until the incident, um, with
TOTH: Okay.
FERNANDEZ: So everything was, um… From my, from the time I left or from the time I,
um, wa-, was on shift until my lunch, I had no issues at all. Everybody
was fine. Um, well. Um, my last check, um, was up before I left.
TOTH: Okay. When you are getting ready to go for your Code 7…
FERNANDEZ: Uh-huh.
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TOTH: …do you make a notification to somebody so somebody can come over
and cover you?
FERNANDEZ: Um, *** we already, we have a schedule. A break schedule…
TOTH: Okay.
FERNANDEZ: …that tells who’s coming to relieve back and forth. So…
TOTH: So it’s pretty much yet?
FERNANDEZ: Uh, it’s already set. Yeah.
TOTH: Okay. So in anticipation of going to your Code 7…
FERNANDEZ: Uh-huh.
TOTH: …you did your…
FERNANDEZ: I did a check prior.
TOTH: …round?
FERNANDEZ: Yeah.
TOTH: Okay.
FERNANDEZ: I did a check prior to about *** it was approximately 11:45 *** or so.
TOTH: Okay. And everybody was good including…
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FERNANDEZ: Yes.
TOTH: …
FERNANDEZ: Yes.
TOTH: And do you remember which cell he was in, uh, 3 Delta?
FERNANDEZ: 24.
TOTH: Okay. Thank you. Okay. So you do those checks. Do you remember who
relieved you?
FERNANDEZ: Uh, yeah.
TOTH: Okay.
FERNANDEZ: *** uh…
TOTH: Yeah, can you…
FERNANDEZ: Oh, sorry.
TOTH: …give me that name, please?
FERNANDEZ: Um, um, OFFICER VALENZUELA.
TOTH: Okay. And was there any communication between you and OFFICER
VALENZUELA about anything that you thought maybe…
FERNANDEZ: Um…
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TOTH: …she needed to be aware of or…?
FERNANDEZ: No. Um, everything was normal. I said, I told her everything was good.
Um, I don’t know whether or not I mentioned that I had just completed a
check. Um, I try and do that but again, I don’t know if I did or not.
TOTH: Is that a paper check or is that…
FERNANDEZ: No, it’s on the computer.
TOTH: …on a computer log?
FERNANDEZ: Yeah, it’s all logged.
TOTH: Okay.
FERNANDEZ: It’s all logged.
TOTH: So…
FERNANDEZ: Because we-. I mean I always check to see when the last one is done if I
have to relieve anybody. Just for my clarity.
TOTH: Okay. So that’s a common practice…
FERNANDEZ: Yeah.
TOTH: …for you?
FERNANDEZ: Yeah.
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TOTH: As I would assume it is for…
FERNANDEZ: For everybody, yeah.
TOTH: …most of the staff? Okay. Thank you. Okay, so you uh, have OFFICER
VALENZUELA relieve you. You at that point…
FERNANDEZ: I go to code.
TOTH: And-. And…
FERNANDEZ: Uh…
TOTH: …where did you go for that?
FERNANDEZ: I was in C-7 I believe, that night.
TOTH: Okay. And approximately what time was that?
FERNANDEZ: Um, I left for lunch, I think it was 12:05.
TOTH: Do you log that?
FERNANDEZ: Um do-. No, we just kinda keep track of when we have to, we have an
hour. So, um…
TOTH: Okay.
FERNANDEZ: …we don’t log out or log in for, for lunch.
TOTH: Okay. So you have your one hour code.
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FERNANDEZ: Uh-huh.
TOTH: Okay. Where you made aware of any issues or anything in, within the
facility?
FERNANDEZ: No.
TOTH: Just…
FERNANDEZ: No.
TOTH: Had a…
FERNANDEZ: Yeah. Yeah. I mean…
TOTH: Rather routine…
FERNANDEZ: *** yeah.
TOTH: Time to kinda relax a little bit.
FERNANDEZ: Yeah.
TOTH: Sounds like you had a busy shift up to that point.
FERNANDEZ: Yes.
TOTH: Okay. All right. And about what time did you come back?
FERNANDEZ: Um, I came back about 1:05.
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TOTH: Okay. And when you came back did you talk to OFFICER…
FERNANDEZ: I did.
TOTH: …VALENZUELA?
FERNANDEZ: Um, I came in. Um, we talked for a few minutes. Um, and then she left
for lunch.
TOTH: Do you remember where in the facility you…
FERNANDEZ: I went to my…
TOTH: …talked to her?
FERNANDEZ: I went to my desk and she was at 3 Delta. (BACKGROUND NOISE). So I
was in 3 Charlie, uh, *** at the officer podium and then she was in 3
Delta’s off-, at the officer podium. We just… We’re back to back but we
can turn our chair around. So…
TOTH: And this is the wall that goes up or down?
FERNANDEZ: Yeah. This is the partition that goes up and down from 3 Charlie, 3 Delta.
TOTH: And that would be on the first floor?
FERNANDEZ: Yes.
TOTH: Or the…
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FERNANDEZ: Yeah, *** on the ground.
TOTH: …the ground of the unit?
FERNANDEZ: Yes.
TOTH: Okay.
FERNANDEZ: On the, on the first floor of the unit.
TOTH: Okay.
FERNANDEZ: *** are chairs have like I said, back to back so the computers are…
TOTH: Okay. So it’s about 1:05 am and it’s, it’s the 4th of November now.
FERNANDEZ: Correct.
TOTH: Okay. Any information relayed to you from VALENZUELA regarding
anything that you need to be aware of for the rest of your shift?
FERNANDEZ: No. No.
TOTH: Okay.
FERNANDEZ: Not that I can recall.
TOTH: Okay. And then at some point did VALENZUELA...
FERNANDEZ: She left.
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TOTH: …go-.
FERNANDEZ: Yeah. She went to go, um, I believe on her code.
TOTH: Okay.
FERNANDEZ: Um, *** and I…
But you ***?
FERNANDEZ: I don’t know.
*** (SPEAKING SIMULTANEOUSLY).
FERNANDEZ: No, I don’t know. I-.
TOTH: You left ***. She left the immediate area.
FERNANDEZ: She left *** area.
TOTH: Okay.
FERNANDEZ: Correct.
TOTH: Okay? Okay.
FERNANDEZ: I don’t know where she went.
TOTH: Okay. And then at that point what did you do?
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FERNANDEZ: Um, I signed back into my computer and I checked my log to see when
the last check was. And it was noted that it was around 1:04 or 5 and so
I, I, um, knew that I had time before I needed to do another check. Um…
Let him ask you question.
TOTH: Okay. So did you have anything else that you needed to take care of at
that point?
FERNANDEZ: No.
TOTH: Before you started doing your welfare checks?
FERNANDEZ: No.
TOTH: Okay. So, uh, about what time did you start the welfare checks then?
FERNANDEZ: Uh, I got up about 1:30.
TOTH: Okay.
FERNANDEZ: And I started, um, my welfare check on the bottom tier like I normally do.
TOTH: Okay. And did you do 3 Delta only…
FERNANDEZ: I-.
TOTH: …or did you do…
FERNANDEZ: No, I did-.
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TOTH: …3 Delta and 3 Charlie?
FERNANDEZ: I did 3 Delta bottom first and then I went to 3 Charlie and did 3 Charlie
bottom and then went up to the top. Um, went up the stairs in 3 Charlie
and started off on 3 Charlie from cell 25. ‘cause I usually go around
‘cause it’s all the way open and then go down the stairs once I’m done.
TOTH: Okay.
FERNANDEZ: Um, so I started upstairs in 3 Charlie 25 and went all the way, um, around
to 3 Delta. Where 3 Delta starts at 17 off on that side and, um…
TOTH: Okay.
FERNANDEZ: …just was doing my routine check. Um, I had my flashlight out, uh, ‘cause
most of the time the lights are off. So in order for me to see in the cell I
have to flash my light.
TOTH: Okay. So you’re doing your rounds. You get to, uh, 3 Delta 24.
FERNANDEZ: Yes.
TOTH: Okay. Do you recall if the light was on inside the cell?
FERNANDEZ: (SIGHS). I do not recall that. Um…
TOTH: Okay.
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FERNANDEZ: I… I thought I flashed my light in there, um, a couple times. Um…
(PAUSE).
TOTH: Just take moment. Okay?
FERNANDEZ: Uh-huh.
TOTH: It’s… That’s fine. Just take a moment.
Yeah, let me… Let me interject real quick just for some quick clarification.
There’s been , uh, I believe a draft report authored by, uh, OFFICER
FERNANDEZ that indicated that she believes that she had turned the light
on in the cell after she’s able to finally gain entry but that was what she
recollected at the time and put down. During our video review she was
surprised and she’ll tell you as much that the light was already on. She
really did honestly believe she had turned the light on herself.
FERNANDEZ: Yeah. I-.
Or perhaps maybe medical?
FERNANDEZ: Yeah. I couldn’t remember how the light got on in the cell. I just knew
that it was on because we were working on him and that was kind of… I
was like, I don’t remember turning on the light. I don’t remember how it,
the light got on.
TOTH: Okay.
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FERNANDEZ: Um, ‘cause I honestly thought I wo-, I had flashed my light in there. Um,
but apparently it was already on. So that’s how I saw him and when I saw
him, um… When I looked the first time I, I took a second glance because
I…didn’t realize what I saw was true. And I immediately grabbed *** for
my radio, um, called for available officers and medical to respond for a
914 which is attempt suicide. At that time he was, um…had, um, sheets
wrapped around his neck. Um, and so I grabbed my keys to open the cell
door. I had to wait until somebody came to go, enter the cell. Um,
medical responded. Um, the nurse, uh, the RN was the first one duty.
Um, (SIGHS). And then the LVN and OFFICER ELEZANDO,
um, had come in.
TOTH: Okay.
FERNANDEZ: Um…
TOTH: What happened next?
FERNANDEZ: Upon entering I was-, I tried to, um, un- *** untie the sheets around his
neck. I couldn’t get it undone. Um, OFFICER ELEZANDO, um, took over
and I lifted up from the back to alleviate the pressure. So he
would untie it or take… Uh, I called for scissors. I called for-. I-. I yelled
out for someone to bring something to cut the sheets with. Um, and
then once the *** they were off, um, OFFICER ELEZANDO and myself had,
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uh, he was…sitting in between the bunk and the, the toilet seat *** the
way he was s-, sat into the, sat into it. And so when it came loose and un-
, undone we both pulled him out, um, from the, from in between to get
him out to, to start, um, to start, uh, compressions. So we pulled his,
um… His legs were still in the cell but his, the top portion, um, his head
and his torso were out of the cell and, um, the best of my recollection,
the LVN started chest compressions. Um, and then at that point
already mul-, more officers had entered, um, the unit ***. I don’t…know
who all was there. I, um, it was , um, myself, OFFICER ELEZANDO
and I do remember OFFICER, um, GALLEGOS coming in to take over, um,
compressions. So I… It was myself, , and *** um, OFFICER
ELEZANDO, um, rotating the compressions in the beginning. Um, and
then, um… Uh, my supervisors VILLA, um, had pulled me, um, out of the
situation, uh, once she had got-, entered and asked me to, um, walk, uh,
away from the situation. I think… I don’t-. And that was the last that I
had, um, to deal with
TOTH: Okay.
FERNANDEZ: At-. At that point.
TOTH: I need to ask you some specific questions. So I’m gonna apologize
upfront.
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FERNANDEZ: It’s okay.
TOTH: If you need to take some time just let, let me know. Just say hey, I need
some time but I’m sorry I have to ask you some specific questions.
FERNANDEZ: Okay.
Including we can go off the record if you wanna have a moment to
compose yourself, if necessary.
FERNANDEZ: Okay.
TOTH: Okay, so you… I’m gonna take you back just a little bit. You get to 3 Delta
24…
FERNANDEZ: Uh-huh.
TOTH: You look in and you described as having sheets around his neck.
FERNANDEZ: Uh-huh.
TOTH: Okay. Um, the placement of his body…
FERNANDEZ: Uh-huh.
TOTH: …was his face facing the door?
FERNANDEZ: Yes.
TOTH: So when you looked in you saw?
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FERNANDEZ: Yes.
TOTH: Okay.
FERNANDEZ: Yes.
TOTH: Okay. And you said there’s a small space in between the…
FERNANDEZ: The-.
TOTH: …bunk and the toilet?
FERNANDEZ: Yes.
TOTH: Okay. Was his body on the bunk or, or where to the best of your
recollection, can you describe for us how you found the body?
FERNANDEZ: Um… The sheets were hanging from the top bunk somehow. I’m not
sure. Um, and wrapped around his neck. And so he was seated in like,
like he had sat into it. Um, sitting and just kind of like… Uh, his head was
down, uh, *** not fully completely but he was very, uh, white.
So Celeste, was his buttocks on the lower bunk or was it in the…
FERNANDEZ: No.
*** on the floor…
FERNANDEZ: It was…
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TOTH: *** or in between the-.
FERNANDEZ: It was in betwee-. *** he was dangling I guess.
TOTH: Okay. You remember where…
FERNANDEZ: He wasn’t… (SIGHS).
TOTH: You remember where his hands were?
FERNANDEZ: (DEEP BREATH). Um, they were on-. They were just down. They were
just down like on his side.
Uh, for, for the recording, you’re making a gesture where it appears
that…
FERNANDEZ: They-.
…your arms are gonna be…
FERNANDEZ: Yeah.
…parallel to the torso and the, and the *** the, the thigh-waist area.
FERNANDEZ: Yeah.
TOTH: Straight down lower than the waist?
FERNANDEZ: Yeah, it was just like he was just like, like dangling.
TOTH: Okay.
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FERNANDEZ: Just… His… His face was still very visible, um, but he was kinda just s-,
slumped like that.
TOTH: Eyes open?
FERNANDEZ: I don’t remember.
TOTH: Okay. We’re just asking you from what *** you…
FERNANDEZ: Yeah.
TOTH: What comes to your recollection.
FERNANDEZ: I-. I honestly…
TOTH: If you don’t remember that’s fine.
FERNANDEZ: I don’t remember.
TOTH: Okay. Can you explain...
FERNANDEZ: (DEEP BREATH).
TOTH: …you said the sheets were around the bed? Were they totally around
the bed?
FERNANDEZ: ***.
TOTH: Would be… We’ll-. We’ll call it the foot of the bed…
FERNANDEZ: ***.
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TOTH: …to the position…
FERNANDEZ: It was on-.
TOTH: …closest to the toilet.
FERNANDEZ: It-. It was on the ***. It was like on the corner of the foot of the bed of
the top, of the top bunk. So there were-. They-. That’s the way it was,
uh, like that I can remember. So in the top, um, like the, the way the
beds are in that cell, um, the one comes out and across. And so does the
bottom comes out this way and across. And so the corner, um, ***. I
don’t … I don’t remember exactly…
TOTH: Okay.
FERNANDEZ: …how the sheets were, if they were all the way around or… I just know
that they were hanging. There was some portion of it hanging from the
corner.
TOTH: Okay. Your assessment of ’ condition at that point? Do you
remember?
FERNANDEZ: Um, ***. When I saw him initially he was very pale and white. Um, when
I entered *** I was the first one to touch him he was very warm and
supple. So he was su-. It was soft. He was not cold at all. Um, so I was
*** really in a hurry to, to get him loose.
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TOTH: When you say the bedsheets were around his neck…
FERNANDEZ: Yes.
TOTH: …can, can you explain that a little more? Where was it? Like wrapped
around a couple of times…
FERNANDEZ: Yeah, it was-.
TOTH: …or how, how would you describe?
FERNANDEZ: Um, it was… They were very tight because I could not even get my hands
in between to, um, to loosen it when I tried. Um, they were… I-. I don’t
know how many times, um, they were wrapped around. Um, it, it-.
TOTH: Okay.
FERNANDEZ: Yeah.
TOTH: Okay. So what, is it or what has occurred, you start to process, you at
that point what did you do?
FERNANDEZ: Um, exactly what I ***. Uh, after I entered?
TOTH: No, at the door.
FERNANDEZ: At the-.
TOTH: Before you even went in.
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FERNANDEZ: Oh.
TOTH: You, you-.
FERNANDEZ: I-. I processed. I, I immediately grabbed my radio…
TOTH: Okay.
FERNANDEZ: …and I called for help.
TOTH: Okay.
FERNANDEZ: Um, for add-, for officers, medical, um, to come to 3 Delta.
TOTH: Okay.
FERNANDEZ: Uh…
TOTH: After you made the radio transmission?
FERNANDEZ: Then I opened, um, I grabbed my keys to start opening the door. So that
when they came in we could go in.
TOTH: Okay. Did you get a better look at, uh, at that point and his
surroundings within the cell?
FERNANDEZ: It-. It *** everything was still the same. He was not moving. Um, very
pale. Once I opened the door I could see, um, I could see his feet. Um,
you know, everything was just… He was laid… His like sitting, um, and his
feet were very white. I remember that.
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TOTH: Okay. Did he have any clothing on?
FERNANDEZ: He had pants on and a, and a t-shirt.
TOTH: Okay. Okay. So, uh, you said I believe RN
FERNANDEZ: Yeah.
TOTH: …was the first up…
FERNANDEZ: Yes, with me.
TOTH: …to the cat walk there where you were?
FERNANDEZ: Yes.
TOTH: Okay. And were you two the first to go in?
FERNANDEZ: Um, I bel- ***. You know, I know I went in before she did…
TOTH: Okay.
FERNANDEZ: …and then, um, and ELEZ-, or I mean-. It might of been ELEZANDO
and then I, I don’t remember.
TOTH: Okay.
FERNANDEZ: Um, those two but I know she, her and I were the first two to enter the
cell.
TOTH: Okay. And it was at that point where you…
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FERNANDEZ: Try-. Attempted…
TOTH: …tried to…
FERNANDEZ: Attempted to *** (SPEAKING SIMULTANEOUSLY).
TOTH: …free him and it was clear that…
FERNANDEZ: He-. Yeah.
TOTH: …it was very tight and you were gonna need some assistance…
FERNANDEZ: Yes.
TOTH: …to do that?
FERNANDEZ: Yes.
TOTH: Okay. So then you said LVN named . Do you know last name?
FERNANDEZ: Uh… Hmm, I think.
TOTH: Okay. And do you know last name?
FERNANDEZ: I don’t know.
TOTH: Okay. So, uh, the LVN gets there.
FERNANDEZ: Uh-huh.
TOTH: Do you guys discuss what you’re gonna do at that point?
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FERNANDEZ: No. Um, I just pretty much, uh, we ***. ELIZONDO was able to, um,
remove the sheets. Um, I was, I-. I was holding up from the back,
ELIZONDO was able to remove the sheets and ELIZONDO and myself
pulled him out, um, and was waiting, uh, for us and helped us drag
him out of, of his top portion out of the cell and she immediately started
compressions.
TOTH: Okay. So ELIZONDO arrived very close proximity to the…
FERNANDEZ: ***.
TOTH: …LVN
FERNANDEZ: I would say the same time. I don’t know who entered…
TOTH: Okay.
FERNANDEZ: …first or anything like that. I just know that, um, we were all in close
proximity.
TOTH: How did you get behind Did you have to crawl up on the bunk?
FERNANDEZ: No. No.
TOTH: Okay.
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FERNANDEZ: Um, I… The way the bed is at the angle, I was able to move behind him
this way and just lift him up. I mean I wasn’t fully behind him but I was, I
turned and just held him up…
TOTH: Okay. And *** (SPEAKING SIMULTANEOUSLY)…
FERNANDEZ: …with-.
TOTH: You’re, you’re demonstrating something…
FERNANDEZ: Like…
TOTH: …similar to like a bear hug type?
FERNANDEZ: Ye-. Like on, under his arms. Kind of just to lift him up to alleviate the,
the pressure or the weight.
TOTH: And you were able to do that?
FERNANDEZ: Yeah.
TOTH: Okay. And ELIZONDO was able to loosen, uh…
FERNANDEZ: Yeah.
TOTH: Okay. All right.
FERNANDEZ: I don’t know… I don’t know how he *** if he untied it, if he cut it. I don’t
know. I just know that it came off. I knew that we pulled him out and I
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know that we started, uh, once we got him out of the cell the
compressions started.
TOTH: Okay.
FERNANDEZ: And we *** we just continued on to do that until... (DEEP BREATH).
TOTH: Until you were…
FERNANDEZ: Yeah.
TOTH: …removed from that.
FERNANDEZ: Yes.
TOTH: Okay. All right. Uh, have you had prior contact with
FERNANDEZ: As an inmate? Yes.
TOTH: Yeah.
FERNANDEZ: Yes.
TOTH: Okay. In 3 Delta or was he…
FERNANDEZ: He-. He…
TOTH: …previously in another mod.?
FERNANDEZ: He had been housed in different modules. Um, he was actually housed in
3 Charlie *** and I had been in 3 Charlie, um, a few times prior to being
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assigned there. Um, he was in, uh, and so I had… Yeah. I had interaction
with him.
TOTH: About how long would you say? If you can recall that he *** he was
there.
FERNANDEZ: In 3 Charlie or in…
TOTH: Just in, in the facility.
FERNANDEZ: Uh, I think he’d been there a few months. I-. I honestly don’t know
when, um, was housed there.
TOTH: Okay.
FERNANDEZ: I’m not exactly sure.
TOTH: Do you know *** his history and why he was there?
FERNANDEZ: No.
TOTH: Okay.
FERNANDEZ: No.
TOTH: During your interactions with him, did you have any issues?
FERNANDEZ: No. No. I never had any issues with him. He was respectful and he never
gave me any problems.
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TOTH: Okay.
FERNANDEZ: Yeah.
TOTH: All right. Do you have anything further?
GOMEZ: Uh… No, so ***. So I guess he was suspended. ‘cause that’s the way you
kinda…
FERNANDEZ: Yeah.
GOMEZ: …explained it.
FERNANDEZ: *** (SPEAKING SIMULTANEOUSLY).
GOMEZ: *** kinda like seated but suspended.
FERNANDEZ: Yeah, where-.
GOMEZ: With his like feet…
FERNANDEZ: Kind of like…
GOMEZ: Like in an *** I guess.
FERNANDEZ: Yeah. Like just sitting, you know, kinda like if you were on a swing and
you were kind of like that.
GOMEZ: Okay. Anything else *** that stood out inside the cell? I know a lot of
stuff was going on but…
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FERNANDEZ: Uh…
GOMEZ: ***.
FERNANDEZ: No. Not, not that I can recall. I mean I-. It seemed pretty clean.
GOMEZ: Okay. I don’t have nothing else.
TOTH: Is there anything else you can think of that’s important here that, uh…
Answer the question ***.
FERNANDEZ: ***.
TOTH: …would, would help us with our investigation?
FERNANDEZ: Uh, *** that’s… I pretty much, all I remember is exactly what I said. I
don’t remember much of anything else. I mean I don’t remember ***
anything in the cell. Um, I think my priority was trying to get him free
and resuscitate him. That really was what I was thinking, was just to get
help there as quickly as possible. Um…that’s it.
TOTH: Okay. , you have any, uh…
: Just a couple *** (SPEAKING SIMULTANEOUSLY).
TOTH: …points to clarify?
: …questions. Yeah, just a couple quick questions. Um, you basically just
answered the question I was going to ask you. But you earlier in this
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interview indicated how much energy and effort you put into getting into
that cell. Do you re-, do you recall having any thought in your mind that
he is capable of resuscitation at that point? Is that an accurate…
FERNANDEZ: Yes.
…description?
FERNANDEZ: Yes. I’m ***. My thought was if I got in there quick enough that we ***
my hope was *** be able to, uh, I didn’t know where he was at that
point. And when I felt him I felt like there was a chance because he was
warm.
And (CLEARS THROAT) my final question is, is that what… Was he housed
by himself?
FERNANDEZ: Yes. He was housed by himself.
: Okay. That’s it for me guys.
GOMEZ: *** (UNINTELLIGIBLE).
TOTH: Well, thank you very much. The time now is 6:41 pm and we’ll go ahead
and end the interview.
[END OF INTERVIEW]
TRANSCRIBED BY:
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ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
JANUARY 13, 2021
REVISED BY: TOM TOTH / INVESTIGATOR
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
JANUARY 19, 2021