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HomeMy WebLinkAboutInt Fernando Barrera by McShane_Redacted SA 15-005 Investigator: C.MCSHANE #320 Approved By: Date of Report:04/09/15 Date: 05/04/2015 Page 1 of 3 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: PRESENT: CHUCK ELMS, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1630 - 1650 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On Wednesday, March 11, 2015, at approximately 1630 hours, I conducted an interview of regarding an officer involved shooting involving the Santa Ana Police Department (SAPD). Also present for the interview was SAPD Investigator CHUCK ELMS. The interview was audio digital recorded. The following is a summary of that interview: was traveling in his vehicle, a White, Toyota, Tacoma truck northbound on Main Street in the city of Santa Ana, when he observed several police cars attempting to initiate a traffic stop on a white Toyota pick-up truck, which was traveling northbound on Main Street in front of him. At the time, was three cars behind the Toyota pick-up. The driver and sole occupant of the Toyota pick-up later identified as BENITO OSORIO. As the police cars began maneuvering in and behind OSORIO’S vehicle, the other two vehicles in front of were able to maneuver out of the lane and away from the area. The police ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA 15-005 Investigator: C.MCSHANE #320 Approved By: Date of Report:04/09/15 Date: 05/04/2015 Page 2 of 3 cars then gained a position in between vehicle and OSORIO’S vehicle. OSORIO ultimately stopped his vehicle in the northbound traffic lanes of Main Street. yielded to the police activity around him by stopping his vehicle along the east curb line of Main Street. estimated his vehicle was stopped approximately 20-30 feet behind the police vehicles. OSORIO’S vehicle was stopped north of the police cars, facing northbound. exited his vehicle and walked to a parking lot, east of his vehicle. continued to watch the police activity occurring northwest of his location. estimated the distance between his location and OSORIOS truck was approximately 50 feet. then began recording (audio and video) the police activity with OSORIO, using his cellular telephone (Apple IPhone). For the next several minutes, he heard the police yelling at OSORIO, in English and Spanish; “Don’t do it, don’t do it” and “Drop the gun.” It appeared to that OSORIO was not listening to or obeying the police commands. then heard a single gunshot from within OSORIO’S vehicle. The officers continued giving commands to OSORIO to “drop the gun” and “don’t do it.” The officers attempted to approach the passenger’s side of OSORIO’S vehicle; however, heard an officer say, “He’s moving” at which time the officers stopped their approach and returned to the area of their vehicles. watched as OSORIO exited the driver’s door of his vehicle facing in the direction of the police officers. At this time, heard a second gunshot, which he believed came from OSORIO’s location. said, “He tried to shoot at the police!” then heard the police respond with six to seven gunshots and observed OSORIO on SA 15-005 Investigator: C.MCSHANE #320 Approved By: Date of Report:04/09/15 Date: 05/04/2015 Page 3 of 3 the ground. Officers then made contact with OSORIO and began providing immediate medical intervention, including Cardio Pulmonary Resuscitation (CPR). Paramedics arrived a short time later and took over lifesaving intervention of OSORIO. captured the officer involved shooting incident on his cellular telephone, via a video recording. did not review the recording prior to this statement. voluntarily relinquished his telephone with the recording to an unidentified police officer at the scene. also gave the officer his consent to download and review the recording. also gave me consent, to download and review the video recording on his telephone as evidence in my investigation. The video recording was later downloaded from telephone and transferred to DVD at the Santa Ana Police Department by Detective ELMS. ELMS gave me a copy of the DVD recording as evidence in my investigation. The DVD recording of the officer involved shooting was turned over to OCDA lead Investigator RYAN SMITH. ended this interview with a few concluding statements referring to the police officer’s actions. was concerned for the safety of the police officers at the scene. said the police tried very hard not to shoot OSORIO, but OSORIO would not listen to them and his own actions caused the shooting. said the police tried everything they could to prevent having to shoot OSORIO and it was his opinion that all of the police officers on scene and acted “very professional.” He added, “I just think they did the right thing.”