HomeMy WebLinkAbout03_0 SA 20-027 Summary_Toth_pdf.REDACTED.TBR SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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CASE NAME:
CLASSIFICATION: CUSTODIAL RELATED DEATH
AGENCY: SANTA ANA POLICE DEPARTMENT DETENTION FACILITY
LOCATION: 62 CIVIC CENTER PLAZA SANTA ANA, CA. 92701
Preliminary Investigation ...........................................................................................1
Initial Scene Investigation/Evidence Collection .........................................................2
Interviews ...................................................................................................................7
Summary of Events ....................................................................................................8
Evidence Analysis .......................................................................................................14
Background Information ............................................................................................14
PRELIMINARY INVESTIGATION
On Wednesday, November 4, 2020, at approximately 0258 hours, Orange County District
Attorney (OCDA) Supervising Investigator STAN BERRY contacted me regarding a custodial death
involving the Santa Ana Police Department Detention Facility (SAPDDF). BERRY requested that I
respond to the Santa Ana Police Department Detention Facility to assist OCDA Supervising
Investigator BRAD TANNER with the investigation.
At approximately 0405 hours, I arrived at the location and met with investigators from
the OCDA, SAPD, and Orange County Crime Lab (OCCL), who were present to assist with the
investigation.
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
BUREAU OF INVESTIGATION
IN VESTIGATIVE SUMMARY
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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At approximately 0547 hours, TANNER and SAPD Sergeant JASON GARCIA conducted a
briefing of the known circumstances surrounding the incident. The deceased inmate was
identified as , SAPD Booking
At the conclusion of the briefing, TANNER made the following assignments:
• TOM TOTH / FRANK GOMEZ (SAPD) – Case Investigators
• CRAIG BROWER / MATT MCLEOD (SAPD) – Canvass / Interviews
• DAVE MELNYK / MATT LEMON (SAPD) – Jail Scene
• BRIAN SHELDON / JIM GARCIA (SAPD) – Hospital Scene / Interviews
Other report numbers related to this incident are listed below:
SAPD #20-23197
OCCL FR #20-53528
OCCO #20-05756-BK
INITIAL SCENE INVESTIGATION/EVIDENCE COLLECTION
HOSPITAL SCENE - Orange County Global Medical Center (OCGMC)
1001 North Tustin Avenue, Santa Ana, CA 92705
The hospital scene was located in the OCGMC Emergency Room (ER), Bed 7. This portion
of the ER consisted of a large area with five (5) beds. Three (3) beds were along the north wall,
and two (2) beds were along the south wall. The beds along the north wall were separated by
blue partitions hung from the ceiling. The two beds along the south wall were separated by a
small office. A small placard was hanging from the ceiling that displayed the numeral “7”
identified bed 7. An additional placard was affixed to the wall at the head of the bed that
displayed the numeral “7.”
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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SAPD officers J. CASTELLANOS, #3080, and J. MARTINEZ, #3702, were stationed outside
of the partition, securing the scene and controlling access to the area.
The following OCCO and OCCL personnel responded to process and document the scene:
• ALISON BABCOCK Deputy Coroner, OCCO
• TRISHA MARTINEZ Deputy Coroner, OCCO
• HILARY PEPLOWSKI Lead Forensic Specialist, OCCL
At approximately 0738 hours, BABCOCK entered the scene and began her physical
examination of the body. was supine in ER bed #7, which was positioned perpendicular
to the north wall. head was toward the north wall, and a white hospital blanket covered
him. He was wearing a white t-shirt, tan jail pants, and white boxer shorts. The t-shirt had been
cut down the middle and had small apparent blood spots on the left side. BABCOCK removed
the clothing and exposed the following medical instruments/items attached to
Intubation tube in the mouth held in place with a harness
Pulse oximeter attached to the right index finger
White hospital bracelet and green jail ID bracelet attached to the left wrist
One automated external defibrillator (AED) pad affixed to the left side chest
One automated external defibrillator (AED) pad affixed to the upper left chest
Multiple cardiac monitoring leads attached to the upper chest and both sides of the
abdomen
Intraosseous line in the right upper shin
BABCOCK observed the following signs of trauma and tattoos on body:
Red marks above the left eye and on the chin
Bruising on the right lateral torso.
Slight petechial hemorrhage in the right eye
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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Circular bruises in the center of the chest
Multiple tattoos on head and neck
Multiple tattoos on the upper chest
Multiple tattoos covering both arms and hands
Multiple tattoos on back
Tattoos on both shins
BABCOCK processed body under OCCO case number 20-05756-BK. BABCOCK
bagged hands to preserve potential evidence. BABCOCK placed a coroner’s tag on
right big toe at 0807 hours. body was placed into a white body bag, and BABCOCK sealed
it at approximately 0809 hours.
OCCL Lead Forensic Specialist PEPLOWSKI collected and booked the following pieces of
evidence:
o One white t-shirt cut open with apparent blood stains
o One pair of tan jail pants
o One pair of white boxers
PEPLOWSKI took twenty-nine (29) color digital photographs of the scene under
FR #20-53528.
At approximately 0819 hours, of took
possession of body for transport to the Orange County Coroner’s Office, located at 1071
West Santa Ana Boulevard, Santa Ana.
JAIL SCENE - Santa Ana Police Department Detention Facility
62 Civic Center Plaza, Santa Ana, CA 92701
The scene was located within the Santa Ana Police Department Detention Facility, Floor
3, Module D, Cell 24; the cell was located on the south side of the module. It was a two (2)-person
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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cell with two (2) bunks and faced out onto the second-story tier, which had protective metal
railing surrounding it. was a United States Bureau of Prisons (BOP) and
the sole occupant in the cell. . body was not present.
There were two (2) showers east of the cell and no cells facing or adjacent to Cell D24.
The cell was located near the top of the staircase. There was a wooden door with a vertical
window, and “D24” painted on the door. The hinges were on the west side of the door with a
key and electronic lock in the wall east of the door handle, and a speaker vent in the door. A
night light switch was located on the wall west of the door and below a placard with “D24.” A
light switch on the north interior wall west of the door activated the fluorescent light on the
ceiling next to a smoke detector.
The upper bunk was attached to the west and south walls, with the head of the bunk
against the south wall near a frosted vertical window. There was a gap between the upper bunk
and the west wall. Two (2) loops of cloth were tied around the upper bunk, with the knots
elevated above the lower bunk. The northern loop was the suspected ligature and consisted of
a blanket tied to a bedsheet, which extended below the knot onto the lower bunk in an untied
loop. The southern loop was a tied bedsheet and had apparent blood on the knot. There were
two (2) folded brown blankets in the southwest corner of the upper bunk. JARRETT cut both
loops in a manner to preserve the knots.
There was a mattress on the lower bunk with the head rolled to the north near the south
wall of the cell. There was a damp pink towel in the center of the mattress and jail underwear
next to white towels at the northwest side of the bunk and a sugar packet on the mattress. There
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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were two (2) storage cubby holes under the lower bunk with miscellaneous personal items and
books.
There was a sink with a metal mirror attached to the west wall near the north wall. The
toilet was south of the sink and was attached to the west wall with a small shelf built into the
wall with miscellaneous toiletries. There was a torn strip of paper with black ink markings floating
in the toilet water.
There was a metal table with a metal shelf above attached to the east wall. There were
books, photographs of females, papers with names and telephone numbers on the table. An
envelope addressed to ” with “Smile” and “Open
ASAP” on the front of the envelope. A piece of paper with address and telephone
numbers: and was located on the desk. DORETTI photographed
the papers and photographs. There was a white dish on the shelf, which contained eyeglasses,
trash and a tied plastic baggie containing white paper and a brown substance with an appearance
similar to tar heroin.
There was a grey plastic chair under the table. A left black rubber clog sandal was on the
floor under the chair. The right sandal was on the floor near the middle of the lower bunk. There
were two orange sandals on the floor near the foot of the lower bunk and the west wall under a
plastic bag.
There was an empty trash can on the floor near the northwest corner of the cell with a
tied plastic bag containing trash next to it. Two (2) hanger racks were located on a small angled
wall, which was between the east and south walls. Each rack had four (4) hooks that held jail
clothing and laundry bags.
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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At approximately 0610 hours, OCCL personnel began processing the scene, which
Included diagraming, photography, and the collection of evidence.
The following personnel from OCCL completed the processing of the scene under OCCL
FR#20-53528:
• JENNIFER JARRETT Forensic Scientist Evidence Collection
• BRETT DORETTI Lead Forensic Specialist Photography
JARRETT collected the following items of evidence:
• Possible ligature blanket with sheet tied in knots (West end of bed)
• Tied sheet with apparent blood (East end of bed)
• Plastic baggie containing a white/brown substance (From bowl on shelf)
DORETTI took forty-six (46) photographs of the scene.
INTERVIEWS
I conducted the following audio-recorded interviews:
• CELESTE FERNANDEZ Correctional Officer, SAPD
• First Cousin
• Girlfriend
Investigator BRIAN SHELDON conducted the following audio-recorded interview:
• Registered Nurse, OCGMC
Investigator CARLOS GONZALES conducted the following audio-recorded interview:
• Captain/Paramedic, OCFA
SUMMARY OF EVENTS
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
Page 8 of 15
During the course of this investigation, five (5) interviews were conducted and fourteen
(14) additional individuals were contacted during the canvass process. With the exception of
SAPD Correctional Officer MARY VALENCIA, all involved SAPD personnel prepared written reports
detailing their actions and observations during the incident. SAPD Correctional Officer CELESTE
FERNANDEZ, represented by Attorney , also provided a voluntary statement
to investigators. Efforts to obtain a voluntary statement from Correctional Officer MARY
VALENCIA, represented by Attorney , met with negative results.
After reviewing the SAPD reports, laboratory and identification reports, autopsy reports,
medical records, incident scene video and digital images, as well as other relevant reports and
materials, the following summary of events was developed:
On July 3, 2020, was booked into the Santa Ana Police Department
Detention Facility with booking number and Jail Identification Number
was a United States Federal Bureau of Prisons inmate, United States Federal Court Case
Number . He was transferred to the SAPDDF after his removal from a Bureau of Prisons
halfway house . initial housing assignment within
the Santa Ana Police Department Detention Facility was Floor 3, Module C, Cell 31.
of his booking, was not identified as having any medical or mental health issues and was
placed on a 14-day quarantine per facility protocol.
On July 7, 2020,
The occurrence was documented with Santa Ana Police Department Incident Report
Number
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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On July 16, 2020, was transferred to Floor 3, Module A, Cell 20, where he was
housed until September 17, 2020. He was then transferred to Floor 3, Module C, Cell 30,
.
. This occurrence was
documented with Santa Ana Police Department Incident Report Number .
On October 2, 2020, was transferred to Floor 3, Module C, Cell 13, where he was
housed until October 7, 2020. He was then transferred to Floor 3, Module D, Cell 24,
While incarcerated at the SAPDDF, J
.
On November 3, 2020, at approximately 0901 hours, Licensed Vocational Nurse (LVN)
administered the following medications to JONES:
• )
•
•
At approximately 1841 hours, telephoned his on-again, off-again girlfriend,
. During their conversation, and argued over
money, their commitment to each other, future living arrangements, and their mutual addiction
issues.
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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At approximately 1942 hours, Licensed Vocational Nurse (LVN)
administered the following medications to JONES:
•
•
At approximately 2130 hours, SAPD Correctional Officer CELESTE FERNANDEZ was
assigned to handle Floor 3, Modules C and D for the remainder of her work shift, which was
scheduled to end on November 4, 2020, at 0630 hours. As part of her duties, FERNANDEZ was
required to conduct two (2) welfare checks per hour on all inmates housed within her assigned
area.
At approximately 2150 hours, 2228 hours and 2257 hours, FERNANDEZ logged welfare
checks of Floor 3 Modules C and D via computer and noted all inmates checked okay.
At approximately 2345 hours, the SAPDDF video surveillance system captured
FERNANDEZ conducting a welfare check of Cell. Two minutes later, FERNANDEZ logged a
welfare check of Floor 3 Modules C and D via computer and noted all inmates checked okay.
At approximately 2359 hours, SAPD Correctional Officer MARY VALENZUELA arrived at
the location to relieve FERNANDEZ for her scheduled lunch break.
On November 4, 2020, at approximately 0002 hours, FERNANDEZ left the area for her
lunch break.
At approximately 0104 hours, FERNANDEZ returned from her lunch break. While
FERNANDEZ was away, VALENZUELA logged a welfare check of the modules via computer and
noted that all inmates checked okay. The video surveillance system captured VALENZUELA
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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remaining at the module’s officer podium for the entire time FERNANDEZ was away for her lunch
break.
At approximately 0110 hours, the video surveillance system captured moving near
the entrance door of his cell.
At approximately 0114 hours, VALENZUELA left the area.
At approximately 0115 hours, the video surveillance system captured the last movement
observed in Cell.
At approximately 0130 hours, FERNANDEZ began a welfare check of the modules.
At approximately 0135 hours, FERNANDEZ reached cell and observed him hanging
from the top bunk. had bedding wrapped around his neck and was in a seated position
between the bunk and toilet. His head was slumped downward, and his arms were hanging at
his sides. FERNANDEZ believed was not breathing. She requested immediate assistance
for a suicide attempt via her handheld radio.
FERNANDEZ next made entry into the cell and attempted to loosen the bedding from
Her initial efforts were unsuccessful, so she yelled for responding personnel to bring
scissors to help cut free of the bedding.
At approximately 0136 hours, Registered Nurse (RN) arrived at the
location and found unresponsive to verbal and/or tactile stimuli. His face and hands were
mild-moderately cyanotic; his skin was pallor in color and warm and dry to the touch.
Licensed Vocational Nurse (LVN) and SAPD Correctional Officer JAMES
ELIZONDO arrived at the scene. They immediately began assisting FERNANDEZ with efforts to
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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free from the bedding around his neck. With FERNANDEZ and lifting body,
ELIZONDO was able to loosen all three (3) knots in the bedding and free
At approximately 0137 hours, personnel moved to a common area outside his cell,
where medical staff determined had no pulse or respirations. A pulse oximeter reading
indicated had a blood oxygen level of forty-eight (48) percent.
Medical staff next initiated cardiopulmonary resuscitation (CPR), and a bag-valve mask
was utilized to provide oxygen to
At approximately 0144 hours, administered one (1) dose of Narcan to .
At approximately 0146 hours, personnel removed ’ shirt, and an AED was attached
to his upper torso. After analyzing condition, the AED audibly advised, “No treatment
advised.” CPR and oxygen delivery via bag-valve mask continued. Medical staff was unable to
detect any pulse or measurable blood pressure, and observed no pupillary response.
At approximately 0147 hours, a second pulse oximeter reading was obtained, which
indicated JONES’ had a blood oxygen level of fifty (50) percent.
At approximately 0148 hours, Orange County Fire Authority (OCFA) Engine #71 arrived.
Captain/Paramedic RYAN MCCULLOCH observed jail personnel and medical staff providing CPR
to MCCULLOCH also noticed had an AED device applied to his torso.
As OCFA personnel took over patient care, MCCULLOCH and patient paramedic ALEX
SWANSON examined and confirmed he had no pulse, was not breathing, and had no blood
pressure. Glasgow coma scale showed three (3), resembling that of a deceased person.
At 0150 hours, was intubated, an intraosseous infusion line was established in his
lower right leg, and a Lucas Chest Compression System was attached to his chest.
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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At 0158 hours, J was administered one (1) mg of epinephrine.
At approximately 0159 hours, was transported Code-3 (lights and siren) by Care
Ambulance to OCGMC.
At approximately 0204 hours, while in transport, received one (1) dose of
epinephrine.
At approximately 0209 hours, the ambulance arrived at the hospital. MCCULLOCH
relinquished care to OCGMC Emergency Room Staff.
Upon arrival in the Emergency Room, was in asystole, cyanotic, and his pupils were
fixed and dilated. Emergency Room Staff continued advanced life-saving measures, including
medications and mechanical ventilation. However, all efforts proved futile. At approximately
0214 hours, was found to have pulseless electrical activity (PEA), which went into asystole.
An ultrasound revealed had no cardiac movement, and his pupils were fixed and dilated.
At approximately 0215 hours pronounced deceased.
On Friday, November 6, 2020, at approximately 0915 hours, I attended the post-mortem
examination of at the Orange County Sheriff-Coroner Forensic Science Center.
Forensic Pathologist ETOI DEVENPORT M.D. conducted the autopsy, Orange County Crime
Lab (OCCL) Forensic Scientist JENNIFER JARRETT collected physical evidence, and OCCL Forensic
Specialist KEVIN LEON took photographs. JARRETT collected the following evidence:
o Brown paper bag, removed from the right hand
o Brown paper bag, removed from the left hand
o Deep tissue standard
o Heart blood standard
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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LEON took sixty-eight (68) digital photographs during the autopsy.
At the conclusion of the autopsy, stated there were no significant
signs of trauma to the body. ’ heart was enlarged, but no coronary heart disease was
noted. found no ligature marks and determined had no neck fractures.
determined the cause of death to be ligature hanging and the manner of death to
be suicide.
EVIDENCE ANALYSIS
A sample of postmortem blood was collected for testing. The blood was examined
for the presence of drugs and alcohol. The following results and interpretations were
documented:
Drug Postmortem Blood
Amphetamine 0.0632 + 0.0047 mg/L
Methamphetamine 1.08 + 0.08 mg/L
Hydroxyzine 0.152 + 0.019 mg/L
Morphine (Free) 0.122 + 0.013 mg/L
Acetaminophen (Free) 1.85 + 0.18 mg/L
1-(4-chlorobenzhydryl)-piperazine Detected
Cetirizine Detected
Noscapine Detected
Papaverine Detected
Trazodone Detected
Caffeine Detected
BACKGROUND
SA 20-027
Investigator: T. TOTH #366 Approved By:
Date of Report: 07/15/2021 Date: 07/23/2021
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