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HomeMy WebLinkAbout19. Interview of Ofc. Patrick Marshall_Montez_Redacted SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 1 of 15 CASE NAME: TAYLOR, DONADONY BLAKE CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: PATRICK MARSHALL, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: ANDY GARCIA, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: 7/2/18 0317 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On Monday, July 2, 2018, at approximately 0317 hours, Santa Ana Police Department (SAPD) Detective ANDY GARCIA and I conducted a digital audio recorded interview of SAPD Police Officer PATRICK MARSHALL regarding the SAPD officer involved shooting of DONADONY BLAKE TAYLOR. The following is a transcript of the interview: 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] MONTEZ: Today’s date is July 2nd, 2018. The time is now 03:17 hours. This is Investigator MONTEZ with the Orange County District Attorney’s Office. This will be an interview at Santa Ana Police Department regarding…an Officer Involved Shooting, under Special Assignment Case Number 18 dash 021, cross-referenced with…Santa Ana P-D Case Number 18 dash ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 2 of 15 15953. Present with me, uh, if you can state your name, starting to my right, and your occupation as well. GARCIA: All right. Detective ANDY GARCIA with the Santa Ana Police Department, Homicide Unit. MONTEZ: Across from me. MARSHALL: Uh, Officer PATRICK MARSHALL, Foot Patrol,… Santa Ana Police Department. MONTEZ: Okay, um,… Officer MARSHALL, did anyone from your Agency order you to give a statement? MARSHALL: No. MONTEZ: Um,...do you feel compelled to give a statement because the Orange County District Attorney’s Office is involved? MARSHALL: No. MONTEZ: And is this a free and voluntary statement? MARSHALL: Yes. MONTEZ: Okay. And…who are you employed by? MARSHALL: Santa Ana Police Department. MONTEZ: How long have you been a, uh, police officer? MARSHALL: About two years. MONTEZ: And…did you work anywhere else prior to, um,…Santa Ana Police Department as a police officer? MARSHALL: No. (PAUSE) MONTEZ: And…what’s your current assignment? SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 3 of 15 MARSHALL: Uh, work out of Patrol. MONTEZ: And…what’s your shift and hours? MARSHALL: Uh, I work Watch Two, which is 14:00 to 02:30 on, uh,…Sunday, Monday, and Tuesday. MONTEZ: So two hours, uh, 12-hour shifts? MARSHALL: Yes, sir. (PAUSE) MONTEZ: And…today were you workin’ a single officer’s Unit? MARSHALL: Yes. MONTEZ: And did you have any passengers with you? MARSHALL: Yes. MONTEZ: Um,...was that a ride-along? MARSHALL: It was a ride-along. MONTEZ: Okay. And who was your ride-along? MARSHALL: Uh, ERIC MASTEL. MONTEZ: How do you spell the last name? MARSHALL: M-A-S-T-E-L. (PAUSE) MONTEZ: And I understand he’s a…off-duty deputy? MARSHALL: Yes. MONTEZ: And for what Agency does he work for? MARSHALL: San Bernardino. MONTEZ: At Sheriff’s? MARSHALL: Yes. SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 4 of 15 MONTEZ: Did he start the shift right after briefing him? MARSHALL: He started approximately…15:15 hours. MONTEZ: 15:15? MARSHALL: Yes. MONTEZ: And…today, uh, did you, uh, respond to a call at the, uh, parking structure located at, uh, 1020 West Civic Center Drive? MARSHALL: Yes. MONTEZ: And can you just tell me, uh, what happened. MARSHALL: Uh, so responded to the call. Uh, for a…9-2-5, or a suspicious, uh, suspect in the, uh, um,…parking structure. Uh,…uh, so I was waiting on the east side of the parking structure. I noticed that, uh, another, um, officer, um, had arrived and already went into the…parking structure. (CLEARS THROAT) Uh, so I entered the parking structure on the east side o’ the, uh, structure. Started goin’ up to the second level on the, um,…so facing northbound. Um,...as I was goin’ up the ramp, um, Offic-, Officer ROELOFS put out that he, uh, had one at gun point. So I…made a left, went south through the structure. Um,...and as I came around the corner, (CLEARS THROAT) I observed Officer ROELOFS, uh,…um, had his gun pointed at, uh, the sus-, suspect matching the description given in the call. Um,...he had a,…uh, a metal bar, a rebar, uh, in his hand. Um,...Officer ROELOFS was towards the, uh, rear of the vehicle. Um,...the suspect was on the, uh,…passenger side of the vehicle. And, um, it appeared he was gonna…come towards, uh, Officer ROELOFS. Uh, Officer ROELOFS was giving commands to the offic-, or the, uh, SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 5 of 15 suspect to, somethin’ to the effect of…stay back, or…drop the weapon. And, uh,…then Officer ROELOFS fired two shots. (PAUSE) The suspect went down to the ground. Um,...as this was happening, *** put on radio traffic, uh, uh, Officer ROELOFS was, or 9-9-8, um, or officer involved shooting. Um,...I…came up to Officer ROELOFS, uh, drew my wea-, or had my dr-, weapon drawn out. It was pointed at the suspect. Suspect was on the ground. Um,...Ser-, Sergeant RAPEZA arrived on scene. Uh, we waited for a couple additional officers. Took, uh, um,…the suspect into custody, handcuffed him. And then, uh, after that we started, uh, providing, uh, first aid. (PAUSE) MONTEZ: Okay. Um,...you mentioned that, uh,…when you arrived, you observed, um, Officer ROELOFS had a subject at gun point, described, um, on the call. What was the subject described as? MARSHALL: Uh, male Hispanic, I think he’s 5-11. Um,...either, uh, it’s a gray or blue T-shirt and shorts. (PAUSE) MONTEZ: Anything else? MARSHALL: And he was armed with a metal object. (PAUSE @ 0:06:19 TO 0:06:33) MONTEZ: You said the subject had a bar. Can you describe the bar? MARSHALL: Uh,…it was like a flat… I don't know how to explain it. It was a flat, uh, piece of metal, approximately maybe a…foot long, maybe a foot and a half long, and then like three inches wide. SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 6 of 15 (PAUSE) MARSHALL: Two inches wide. (PAUSE) MONTEZ: So one foot by three inces wide? MARSHALL: I would say two inches wide. MONTEZ: And how was he holding that, um, metal object? MARSHALL: I think he had it like…to the side, but it was not like fully to the side. It was kinda like…a little bit… MONTEZ: You demonstrated by having, um, your right hand up with your elbow, uh, folded upward. Um,...almost like… MARSHALL: It, it wasn’t like… It was like,…it was just creased up a little bit. It wasn’t like… MONTEZ: Okay. So… MARSHALL: …fully to his side, but it was… MONTEZ: For more hanging to the side? MARSHALL: Yeah. MONTEZ: Okay. (PAUSE) MONTEZ: And…where was he in relation to Officer ROELOFS? MARSHALL: So Officer ROELOFS was on, um, I would say the…rear portion of the, uh, like the rear bumper, driver’s side. Um,...and then the suspect was, um, on the passenger side of the vehicle. Um,...probably where, where the, where the tire was. MONTEZ: Okay. So ROELOFS is on the rear side of the vehicle. So…would it be SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 7 of 15 on the right rear, or left rear? MARSHALL: Uh, the driver’s side. MONTEZ: So left rear. And…the subject was on the passenger side. Was he towards the front, or the rear bumper? MARSHALL: Uh,…towa-, towards the…rear bumper, but…at the wheelwell. So it wasn’t like fully towards the bumper. MONTEZ: And…how far apart would you say they were…from each other? (PAUSE) MARSHALL: Ten, 12 feet. (PAUSE) MONTEZ: You said you heard him say,…stay back, drop the weapon, or words to that effect? MARSHALL: Yeah, words to that effect. Uh, my window was down. So…I heard him giving commands as I rolled up. MONTEZ: Your window was down, or wasn’t? MARSHALL: My window was down. MONTEZ: Okay. (PAUSE) When he fired the two shots,…um, were you already outta your car? MARSHALL: I don’t remember. MONTEZ: Okay. Um,...do you remember if when he fired the two shots, you had your gun out? MARSHALL: I don’t think I did. MONTEZ: Where did you…park your vehicle in relation to, um, where Officer ROELOFS’ vehicle was? SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 8 of 15 MARSHALL: Uh, parked, uh, to the west of the vehicle, uh, probably about, uh,…t-, 20, 25 feet. (PAUSE) MONTEZ: And what vehicle were you driving? MARSHALL: Uh, Unit 8-6-4. MONTEZ: And where was, um,…your ride-along, um,…at, at the time of the, uh,…the shooting? Did he stay in the car, or…do you know what he did? MARSHALL: He was in the passenger side. And then, I believe he exited the vehicle when, uh,…I got out of the vehicle. MONTEZ: Did he walk up with you, or did he stay…? MARSHALL: I think he stayed back. (PAUSE @ 0:10:50 TO 0:11:07) MONTEZ: When you said the, um, the subject fell to the ground,…did he get, did, did he make any command-, or, I’m sorry, did he respond to any o’ the commands or make any statements? I’m referring to, um, the subject. MARSHALL: Af-, after…? MONTEZ: Before he was shot… MARSHALL: Uh, I… No. He was, he was,…it looked like he was approaching Officer, uh, ROELOFS. MONTEZ: Okay. Did you see him take any steps towards ROELOFS? MARSHALL: Uh,…I didn’t see a step, but I look-, I mean it looked like he was gonna move towards that way. MONTEZ: Okay. From the time that you…arrived and had view of ROELOFS and…the subject,…how long would you say lapsed…from that time to the SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 9 of 15 shooting? MARSHALL: After I ran around the corner, I would say…ten, 15 seconds. (BACKGROUND VOICES) (PAUSE @ 0:12:04 TO 0:12:25) MONTEZ: Did, um,…Officer MARSHALL, uh, make any statements to you or any spontaneous statements in regards to the shooting? MARSHALL: Officer ROELOFS did not. No. MONTEZ: I’m sorry. Um,...Officer ROELOFS. (PAUSE) Aside from the, uh, metal object…that you saw the subject holding,… I’m sorry. I don't know if I clarified. Was that with his right or left hand that he was holding that object? MARSHALL: Uh, I believe his right hand. MONTEZ: Aside from that object, did you see any other, um,…weapons or objects that he was holding? MARSHALL: No. (PAUSE) MONTEZ: Do you recall if you were inside your vehicle when the shooting happened, or if you were…walking up to the incident, to the, uh, Officer, uh, ROELOFS ***? MARSHALL: I think I was, uh, transitioning outta my, getting outta my vehicle. MONTEZ: And from where you parked your vehicle approximately ten to 15, uh,… I’m sorry. It was, uh,… MARSHALL: It was 20, ***… MONTEZ: …20, 25 feet west of. Did you have a clear and unobstructed view? SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 10 of 15 MARSHALL: Yes. MONTEZ: Okay. (PAUSE @ 0:13:41 TO 0:13:53) Um,...Detective, uh, GARCIA? GARCIA: Do you remember, uh, i-, who was assigned to the call? Who was the primary Unit that was assigned? MARSHALL: Uh,…that I ***. I know ROELOFS was, uh, assigned to the call. And then, um,…it was, uh, Sergeant CUZZO, uh,…and then, uh, Sergeant RAPEZA. And then I was already, uh, heading back to the station. So I assigned myself to the, uh, or answered the call. GARCIA: Okay. And you said, um, you were kind of staging on the east side o’ the structure? MARSHALL: Yes. GARCIA: Were you…just standing by for follow-up? MARSHALL: I was, uh, standing by to see, uh, who was gonna come, because I, you know… Um,...but then I saw that ROELOFS went in. GARCIA: Oh, okay. MARSHALL: So I…followed him. GARCIA: Okay. So he came in… MARSHALL: He came on the, the, it looks like the west side,… GARCIA: Okay. MARSHALL: …I think. GARCIA: He came in through the *** on the west side. MARSHALL: Yeah. GARCIA: *** And then once… How did you know that he was in the structure already? SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 11 of 15 MARSHALL: I was watchin’ the map on the K-D-T. GARCIA: Oh, I gotcha. MARSHALL: So… Yeah. (PAUSE @ 0:14:55 TO 0:15:04) GARCIA: And then you came in on the east. So you weren’t…too far behind him. You were just kinda monitoring the K-D-T once you saw that he was in there. MARSHALL: Yeah. So once, once I noticed it looked like he was, uh, movin’ into the structure, then I…got the ticket and went in there. So… GARCIA: Okay. MARSHALL: Yeah. GARCIA: And then you said you go in, you go…northbound on that first ramp. MARSHALL: Yep. GARCIA: So you’d…essentially being going north. And then you made a left and then s-, started comin’ back south… MARSHALL: Yeah. GARCIA: …along the west side o’ the structure? MARSHALL: Uh-huh. GARCIA: And your vehicle was somewhere 20 to 25 feet parked behind his. MARSHALL: Yeah. GARCIA: Okay. Yeah, that’s all. (PAUSE @ 0:15:42 TO 0:15:49) MONTEZ: And, Officer MARSHALL, is there anything else you wanted to add that, uh, you thought was important, or…thought we should’ve asked, shoulda SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 12 of 15 (sic) known? MARSHALL: Uh, after, uh, we took the suspect into custody, we, uh, rendered first aid. MONTEZ: And what type of first aid did you render? MARSHALL: Uh, we observed the subject wasn’t, uh, responsive. Um,...and then, uh, we put a, uh, I put a chest seal, um, on his gunshot wound on his chest. Um,...and then (CLEARS THROAT), uh, another officer was w-, working another gunshot on his left arm. Um,...and then it didn’t appear that, uh, he was breathin’ or had a pulse, so we started C-P-R. MONTEZ: *** talkin’ about the chest. So is that the…chest ***… MARSHALL: Yes. So it’s the… MONTEZ: …***? MARSHALL: Yeah. It’s the *** that seals the, off the, uh,…air. MONTEZ: And what type of injuries did you observe? MARSHALL: Uh, there was a gunshot wound, um,…in his upper chest, about center mass. And then, uh, there was a gunshot wound to his left arm, left upper arm. MONTEZ: At any point, did he regain consciousness, or, that you were aware of? MARSHALL: Uh,…I know he was breathing…at times. Um,...but not,…uh, the whole time. MONTEZ: And then…who arrived to, uh, render, uh, aid? What, what, uh, Fire Department? MARSHALL: Uh, Orange County Fire Authority. MONTEZ: And, I forgot to mention, uh,… I notice that in your right armpit area, your…uniform’s torn. Are you n-, did that happen as a result from this SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 13 of 15 incident? MARSHALL: Yes. MONTEZ: And…do you know how that happened? Do you recall? MARSHALL: Uh,…I think it was when I was doin’ C-P-R. (PAUSE) MONTEZ: Were you giving compressions, or…? MARSHALL: Yes. I was giving compressions, and, uh,…uh, then bag ***-s. MONTEZ: Or were you rotating, or doin’ both? MARSHALL: Uh, I started off doing the bag ***, uh, *** the breasts. Um,...Officer GRIFFITH was, started with compressions, and then we switched. MONTEZ: And about how long did you do, uh,…C-P-R before Fire arrived? MARSHALL: A few minutes. I would say maybe…five, six minutes. MONTEZ: And…I notice you, uh,…just had a, uh, body-worn camera delivered back to you. You said that…you had…given it to someone for downloading. Were you wearing the body-worn camera at the time of the incident? MARSHALL: Yes. MONTEZ: And,…uh,…was it on? MARSHALL: Yes. MONTEZ: Did you have a digital audio recorder or anything else…on you…at the time? MARSHALL: No. Just the camera. MONTEZ: Okay. Is your vehicle equipped with the, um,…like a dash camera? MARSHALL: No. MONTEZ: Is there anything else, uh, you wanted to add that we didn’t, uh, or… Real SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 14 of 15 quick. Anything else that ***? GARCIA: *** okay. MONTEZ: Is there anything else you wanted to add that we didn’t, uh,…ask? MARSHALL: No, sir. MONTEZ: That being the case, I’ll be ending the interview. The time is now 03:37 hours. [END OF INTERVIEW] TRANSCRIBED BY: ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE SEPTEMBER 25, 2018 REVISED BY: __PETE MONTEZ / INVESTIGATOR___________________ (NAME) / (TITLE) ORANGE COUNTY DISTRICT ATTORNEY / 09/26/2018 (DEPARTMENT) / (DATE) SA 18-021 Investigator: P. Montez Approved By: Date of Report: 9/24/18 Date: 10/01/2018 Page 15 of 15