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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 Page 1 of 51 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 Page 2 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 3 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 4 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 5 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 6 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 7 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 8 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 9 of 51 : 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 10 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 11 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 12 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 13 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 14 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 15 of 51 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). SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 16 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 17 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 18 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 19 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 20 of 51 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-. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 21 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 22 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 23 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 24 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 25 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 26 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 27 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 28 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 29 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 30 of 51 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-. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 31 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 32 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 33 of 51 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, SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 34 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 35 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 36 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 37 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 38 of 51 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: ***. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 39 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 40 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 41 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 42 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 43 of 51 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? SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 44 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 45 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 46 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 47 of 51 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. SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 48 of 51 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… SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 49 of 51 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 SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 50 of 51 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: SA 20-027 Investigator: T. Toth #366 Approved By: Date of Report:01/20/2021 Date: 01/22/2021 Page 51 of 51 ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE JANUARY 13, 2021 REVISED BY: TOM TOTH / INVESTIGATOR ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE JANUARY 19, 2021