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HomeMy WebLinkAboutInt B Aguilar by Fulcher_Redacted S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/15/15 Page 1 of 3 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: PRESENT: MATT MCLEOD, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1547 - 1613 HOURS LOCATION: 312 SOUTH MAIN STREET SANTA ANA, CALIFORNIA 92701 On the listed date and time, I conducted an audio digitally recorded interview of in reference to the Santa Ana Police Department (SAPD) officer involved shooting investigation of BENITO OSORIO. The following is a summary of the interview: is an employee of the Mill Bakery, located at 312 South Main Street in Santa Ana. has been employed at the bakery, as a general maintenance and cleaner, for approximately one month. On Wednesday, March 11, 2015, began his shift at approximately 0900 hours. At approximately 1230 hours, was in the front, northeast seating area, of the business when he observed a white pick-up truck stopped on Main Street, directly east of the business. There were approximately four to five SAPD vehicles and approximately eight to ten SAPD officers stopped, approximately one car length, behind the pick-up truck. The pick-up was ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/15/15 Page 2 of 3 occupied by a sole occupant, later identified as BENITO OSORIO. could see that a majority of the window of the driver side door was in the down position. closed the east business entrance/exit door, which faces Main Street, as a safety precaution, due to the close proximity to the police activity occurring outside of the bakery. heard the officers yelling at OSORIO, who appeared to be talking on a cellular telephone. OSORIO had the cellular telephone in his right hand and a handgun in his left hand, and he appeared to be chambering a round in the gun. heard what he believed was a single gunshot come from the cab of the pickup, but did not see OSORIO fire the weapon. then saw OSORIO touching his face with his left hand, with the gun still in it. heard the officers telling OSORIO, in English, “Don’t do it!” He did not hear OSORIO say anything or respond to the officers directives. After several minutes passed, OSORIO, who was wearing a “red sweater,” and had blood on his forehead, exited the vehicle. OSORIO stepped out of the vehicle with a gray handgun in his left hand, which was pointed toward the street and a cellular telephone in his right hand. OSORIO appeared to be “dizzy” and was having a difficult time getting out of the vehicle. After OSORIO stepped out of the vehicle, heard approximately eight gunshots, in rapid succession, but did not know who had shot. After hearing the gunshots, witnessed OSORIO fall to knees, then fall forward, face down. The handgun fell out of OSORIO’s hand after he fell to the ground. did not hear any additional gunshots after hearing the initial volley of shots. After OSORIO was on the ground, several officers moved up to him and placed him in handcuffs. Paramedics then arrived and began treating OSORIO. did not witness paramedics transport OSORIO from the scene. S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/15/15 Page 3 of 3 believed that OSORIO and was injured when he came out of the vehicle. He felt the officers should have shot him in the hand and forced him to drop the gun.