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HomeMy WebLinkAboutInt Ofc David Enriquez by Smith_Redacted S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 1 of 27 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: DAVID ENRIQUEZ, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: EDDIE NUNEZ, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 26, 2015 1357 - 1438 HOURS LOCATION: SANTA ANA POLICE OFFICER ASSOCIATION On March 26, 2015, at approximately 1357 hours, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Officer DAVID ENRIQUEZ regarding the officer involved shooting related to BENITO OSORIO 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] SMITH: This is Investigator RYAN SMITH. It is Thursday, March 26th at 1357 hours. I am at Santa Ana Police Officer Association building here in the City of Santa Ana. And I’ll go around the table and have everybody introduce themselves. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 2 of 27 NUNEZ: Detective NUNEZ with Santa Ana Police Department, Badge 2564. GOLDWASSER: CHARLES GOLDWASSER. G-O-L-D-W-A-S-S-E-R. ENRIQUEZ: Officer DAVID ENRIQUEZ, Santa Ana Police Department, Badge number 3082. SMITH: That’s Q-U-E-Z correct sir? ENRIQUEZ: Correct. (SQUEAKING SOUND). SMITH: Okay. Alright. Um…regarding your statement here today is the statement, uh, you're gonna give us-, is this a free and voluntary statement? ENRIQUEZ: Yes. It is. SMITH: Has anyone from your agency ordered you to give a statement? ENRIQUEZ: No. SMITH: Do you feel compelled to give a statement because the District Attorney’s Office is involved? ENRIQUEZ: No. SMITH: Okay. What is your present assignment sir? ENRIQUEZ: Field Operations, Patrol. SMITH: And how long have you been at your current assignment in Field Ops? ENRIQUEZ: Approximately eight and a half years. SMITH: Um, how long have you been a Police Officer at Santa Ana Police Department? ENRIQUEZ: Approximately eight and a half years. SMITH: Um, have you worked as a police officer for any other agency? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 3 of 27 ENRIQUEZ: No. SMITH: Okay. Um, taking you back to the day of the-, this incident, um, how are dressed? Are you now in…Santa Ana Police uniform? ENRIQUEZ: Yes. In my (CLEARS THROAT) Santa Ana Police uniform with, um, identifying, um, patches on both sides of the shoulder (BACKGROUND NOISES). SMITH: Okay. And, um, you were processed that day by myself as far as going through what they call like a round count and your weapon was, um…taken as evidence that day? ENRIQUEZ: That’s correct. You were there. SMITH: Okay. (SOUND OF RUSTLING PAPER). I can't recall, did you have a backup weapon? ENRIQUEZ: Yes, I did. SMITH: And did we take that for evidence? Or we did not? ENRIQUEZ: You did not. SMITH: Okay. Uh, what patrol unit were you driving that day? ENRIQUEZ: Uh, unit 879. SMITH: And your call sign that day? ENRIQUEZ: 154. (THUNKING SOUND). SMITH: Uh, was that a one officer or two officer unit? ENRIQUEZ: A one officer unit. SMITH: Um…were there any additional weapons in the vehicle department issued like shotgun or anything like that? Long rifle? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 4 of 27 ENRIQUEZ: Yes. There was a…shotgun up front. SMITH: Okay. ENRIQUEZ: And my…assigned AR15 rifle in the trunk. SMITH: Okay. Um, does your unit, uh, 879 is it equipped with a…like a mobile video system, patrol video, anything like that? ENRIQUEZ: No, it is not. SMITH: Okay. Um, do you carry or are you issued any type of recording device from you police department? A digital recorder of any sort? ENRIQUEZ: I do not carry, and I am not issued one. SMITH: Okay. (SOUND OF RUSTLING PAPER). Do you recall the approximate time, um, of this call? ENRIQUEZ: Approximately…12:00 noon. Approximately. SMITH: Okay. Um…do you remember what the original call type was? ENRIQUEZ: Ye,s I do. SMITH: Can you tell me what that was? ENRIQUEZ: At the time I received the call it was an assault with a deadly weapon with shots fired, with the suspect havin’ a handgun shooting at a victim. SMITH: Okay. Um, and was that call, uh, given to you over your computer, over the air, or both? ENRIQUEZ: Initially I heard the call, and then it came through the computer. So both. SMITH: Okay. And were you, um, directed to the call, uh, I should say dispatched to that call? Or did you self-initiate to the call after hearing it? ENRIQUEZ: I was dispatched to the call. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 5 of 27 SMITH: Okay. Were you dispatched as a primary or as an assist? ENRIQUEZ: I don’t recall. SMITH: Okay. Um, d-, do you recall if your response to that being dispatched was it a Code 3 response or a Code 2 response? ENRIQUEZ: It was a Code 3 expedited response. SMITH: Okay. Do you remember where you were responding from? ENRIQUEZ: Yes. SMITH: Where was that? ENRIQUEZ: About 1140 East McFadden, in the area Grand and McFadden. SMITH: Okay. Um, and the call type, I think you kinda said it, uh, in your description, but, um…there was a description of a suspect or a suspect vehicle? ENRIQUEZ: Correct. Uh, and, uh, when I was getting the call over the air the suspect description was a male Hispanic, and the vehicle, the suspect vehicle was a white Toyota pickup. SMITH: Was there any license plate or partial plate given in that call? ENRIQUEZ: There may have been but I don’t recall. SMITH: (SOUND OF RUSTLING PAPER). Um, was there any named suspect? ENRIQUEZ: I don’t recall. SMITH: Okay. (BUZZING SOUND), (CLATTERING / HAMMERING NOISE). Do you know how many rounds you, um, shot during the incident? ENRIQUEZ: Yes. SMITH: How many was that? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 6 of 27 ENRIQUEZ: Two rounds from my department issued firearm. SMITH: Okay (WHISPERED). And, uh, just recalling your department issued, um, weapon, was that the Glock .22, 40 caliber? ENRIQUEZ: Correct. SMITH: Okay. (SOUND OF RUSTLING PAPER). *** (BACKGROUND NOISE) I've got like a kinda like an aerial of the scene it’s marked as Number One. Is your unit depicted anywhere in this picture? ENRIQUEZ: Yes, it is. SMITH: Uh, where is that at? ENRIQUEZ: I believe it’s this one right here. SMITH: Okay. *** (CLATTERING / THUMPING NOISES) this *** okay. And down here? UNKNOWN: Okay (WHISPERING). SMITH: Great. Um, were you injured at all during the incident? ENRIQUEZ: No. SMITH: Um, did you get any, um, blood or anything like that on you? Any exposures? ENRIQUEZ: Yes. SMITH: What was that? ENRIQUEZ: There was (CLEARS THROAT) blood on my left boot from, uh…uh, from the suspect. SMITH: Okay. ENRIQUEZ: Uh, because I…kicked the gun away from him. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 7 of 27 SMITH: Okay. (SOUND OF RUSTLING PAPER). Okay. Sir, if you could just take me through in your words, um, from the time that you got the call and, and through the, through the entire incident if you, if you would please. ENRIQUEZ: Sure. (CLEARS THROAT). On that date and time I was assigned to my normal patrol duties in the Southeast District drivin’ a marked black and white unit. I heard over the air that a assault with a deadly weapon had just occurred around 800 South Cypress, South Main in that general area. And the suspect actually shot at the victim, and the suspect description that was given was a male Hispanic drivin’ a white pickup truck. I could hear several units, uh, were responding from different locations. I was given the call over the air and also the computer. I was granted the expedited response Code 3 with my partner in a different vehicle, so we both were tandem. (MICROPHONE NOISE). And I began traveling west bound, McFadden from Grand, and as I approached the area of Main and McFadden, still Code 3, I heard a motor officer advise that he had the possible suspect vehicle northbound Main from the area about Bishop or so. (THROAT CLEARING IN BACKGROUND). I now turn northbound Main and was makin’ my way, and I was about half a mile out from Main and McFadden to the area where the motor said (SOUND OF RUSTLING PAPER) where he was. There was a brief moment when the motor said, the motor officer said he’s not stopping. I continued northbound and then I heard he stopped the white pickup truck, Toyota, in the area of Main and Pine, just south of Pine on the eastside facing north. As I S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 8 of 27 continued to travel northbound Main…Code 3, I…went forward and yielded my patrol car to the east curb line as depicted in the picture, the overhead picture that you showed me. There was a high risk felony car stop taking place, and I saw that there wasn’t sufficient manpower to do so. So I ran up to the middle unit that is pictured in this diagram, which is the unit I'm going say 64…31864…(CLEARS THROAT). I came up on the passenger side of the vehicle, the patrol unit and I was there with another officer, Officer GARCIA, and there was another officer on the driver’s side. I immediately focused my attention towards the driver and simultaneously I heard…my partner right there, or, uh, Officer GARCIA, and other people say he has a gun, he has a gun. I still continued my attention and focused it at the driver and I had a clear unobstructed view of the driver using his left turn mirror, not the inside mirror that would you see to see what’s behind you, but the mirror that you would check a blind spot or whatnot. So I could see the driver and his actions (THUMPING NOISES). Within moments I saw the driver… . I continued to hear verbal commands, put the gun down, put the gun down in English and Spanish. (THUMPING NOISES). At one time I saw the suspect shake his head left to right as he was not complying. We then continued to give verbal commands (BACKGROUND NOISES) and as the suspect had the handgun him . He S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 9 of 27 brought the gun a little closer to him and I saw him manipulate the slide in which would also be described as chambering a round. He then placed (BACKGROUND NOISES) for purposes of this interview, , (BACKGROUND NOISE) . . I saw the suspect slump down (SOUND OF RUSTLING PAPER) and I immediately heard the engine rev. I ca-, I image the, uh, the vehicle was in park because it revved…and so…the revving of the engine stopped and it appeared to myself that… I was still at the passenger side of that unit and in my peripheral vision, to my right about 15 feet away I saw about two officers wanting to walk up to the passenger side of the vehicle (THUNKING NOISES)…and it was my understanding that my partners were naturally compelled ta help this person after what had just taken place, that they wanted to render aid. I gave up my position where I was and I side-stepped between the white truck and a patrol car to join them because I didn’t feel they were adequately covered. We began to make our approach, myself and two other officers, there may have been a fourth, but I was certain there was three of us total (CREAKING SOUND). To the right rear side of the truck…we get right to the bed of the truck and I hear someone say, loudly, he still has a gun, he still has a S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 10 of 27 gun. And, and he’s still moving. We then retreated back, assumed cover; I now walked around unit 31864 as I've been describing and went back and assumed my position, my original position, on the passenger side where I initially was. Real quick, as I'm lookin’ at the diagram I wanna make a correction. I s-, walked behind this unit which I don’t know what the number is, but for ra-, purpose of this interview it’s the car furthest to, to the east curb line on the very front, I walked behind that car and came back to my unit, 31864. SMITH: Okay. (BACKGROUND NOISES). ENRIQUEZ: I was there at the passenger side again and now we were seeing movement, I saw movement. The suspect was doing something and was actually holding a cell phone. So he was holdin’ the cell phone in one hand…and then the door, the driver’s side door began to open slowly. As the driver di-, driver’s side door opened slowly the suspect came out and he slid down the seat of the truck facing west. As he faced west I immediately saw the handgun in his left hand. The handgun was not down, parallel to his leg, it was not to his head, he was not waving it at us (SOUND OF RUSTLING PAPER). It was held right on top of his abdomen in his left hand readily available ta him, and as I would describe ready to present. As he’s exiting the vehicle he’s facing west and I could still see and I'm-, I've got about 35 feet away from him, direct line of sight, unobstructed view. He begins to turn counterclockwise and he now faces us. We’re still giving commands, drop the gun, drop the gun, drop the S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 11 of 27 gun. That’s-, I must've heard that well over 20, 30 times. There was no indication he’s doin’ so, the gun is still being held close to his abdomen. He turns faces directly at us, now facing south, and that’s when I fired two rounds at him. (PAUSE). Upon firing those two rounds my firearm malfunctioned. I had a jam. I don’t know what class of jam it was, it just was a failure ta feed. I corrected my gun, put it back in battery, chambered a round to ensure that it was loaded. That round ejected to the right and was a live round on the street. It stayed there. I did not fire anymore rounds after that. One volley, two rounds with a jam. I then saw a Sergeant…excuse me, uh, backup, let me backup. Um…I had heard others fired at the same time, the suspect was struck, he went down, I saw a Sergeant run up to the suspect…and to provide lethal cover for him I quickly ran up…there was no response initially from the suspect but considering the circumstances I was working with and being an active shooter scene, I took it upon myself to kick the gun with my left foot under the vehicle. That’s how I received the blood on my left boot. (PAUSE). (SOUND OF RUSTLING PAPER). Paramedics, Fire, were on scene, staging, they came and did what they did. I then stood by myself until I was met with a scene supervisor (SOUND OF RUSTLING PAPER), (BACKGROUND NOISE), (PAUSE). SMITH: Okay. Um, back to when you were dispatched to the call you said you expedited Code 3 and you said with your partner. Do you remember who that was that was expited (SIC), expedited also Code 3? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 12 of 27 ENRIQUEZ: Yes. Officer MAJORS. SMITH: Um, the motor officer. Do you recall who that was or the call sign of that officer who said-, uh, indicated over the radio that he had the suspect vehicle? ENRIQUEZ: I believe it was BERLANGER (SIC) I cannot be entirely confident about that. I do know he was there, I do know I walked up with him to the truck. SMITH: Um, okay. ENRIQUEZ: I’ll say 95 percent it was him (SOUND OF RUSTLING PAPER). SMITH: Okay. (BACKGROUND NOISES). Um, when you got out to the unit 64 and, um, you heard it announced that he has a gun, do you recall who that was? Or was there multiple people that had said that? ENRIQUEZ: One or two people at least. I cannot…I, um, I can't be sure of who said it. SMITH: Okay. Um, when that it-, announcement came out, the initial amst-, announcement that he was armed with a gun, did you observe it at that time? ENRIQUEZ: Yes. I did. SMITH: And that’s when you were at, um, this unit 64? ENRIQUEZ: That’s correct. SMITH: And when you were at that unit were you at the passenger side door? Or were you at the rear of the vehicle? ENRIQUEZ: Passenger side door with it open. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 13 of 27 SMITH: Okay. Um, you indicated you were able to see that, um, the suspect was armed with a gun and you actually said a semi-automatic gun. Can you give me anymore description a the gun, either a color or, or anything like that? What wa-… ENRIQUEZ: Sure. Like a chrome, dull chrome silver, blue steel. Wasn’t dark or black. It was a midsize frame, it wasn’t anything large like a 1911 or full size. Midsize, chrome silver, blue steel. SMITH: Uh-huh. Um, when you made it up to that unit and you guys were making these observation-, I should say you were makin’ these observations, was there one officer that was giving…in charge of giving verbal commands to the suspect in the vehicle? ENRIQUEZ: Yes. SMITH: Who was that? ENRIQUEZ: That was Officer GARCIA. (THUNKING SOUND). (CONVERSATIONS IN BACKGROUND). SMITH: Um, and yo-, and some of those commands, after that you had indicated that he was shaking his head to left to right, um, was that…sounds like you interpreted it as saying like, uh, no I'm not complying with these? Or was there… ENRIQUEZ: I, I directly understand that as him acknowledging our verbal commands and refusing to comply in that situation. SMITH: Can you explain how, how you (CONVERSATIONS IN BACKGROUND)…believe that or felt that? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 14 of 27 ENRIQUEZ: Absolutely. I can elaborate on that. SMITH: Sure. ENRIQUEZ: He looked in the left rear mirror, and I locked eyes with him, and I could see he was lookin’ at me and the, uh, over ta Officer GARCIA. SMITH: Okay (THUNKING NOISE). ENRIQUEZ: He was makin’ eye contact, he knew what his background was, excuse me, what was behind him. Um…we were there and he knew it and, and he wasn’t just staring off north into the distance, he was looking back at us. And I'm positive of that because, uh, couple a factors. I was, uh, if you notice I'm directly behind him… SMITH: Uh-huh. ENRIQUEZ: …clear unobstructed view. Um, number two, the lighting was correct, a-, or, or good. That day everything was, uh, fine, there were no problems. And personally I own the same type of vehicle and I'm very familiar with the different angles in it. So when he looked back I was entirely confident that he knew we were back there. SMITH: Okay. Um, you also indicated that he-, you…were able to identify the gun and that he put the gun to his chin and you had heard a click. Um, I'm sure you're very familiar with, with weapons and you’ve been around that. Would, would you think that was him pulling the, the trigger on an empty gun or a misfire or was it a manipulating of the slide at that time or and ejecting of the magazine or anything ***? Could you be more specific as to what you thought that was? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 15 of 27 ENRIQUEZ: Sure. Um, not knowing the exact type of gun but being a semi-automatic he could not have had a round chambered, and it could’ve been, um, ready to pull the trigger. Um, he could’ve had a bad round, although when he did rack the round I did not see anything eject from the ejection port. So I will take it as either a, a malfunction that, um, you know, no round went off and I did not see a round eject. (CLATTERING SOUND). But definitely nothin’ went off and I heard the click, so it was, it was, uh, you know, cocked. SMITH: Okay. And after that you said that, um, you heard as far as a manipulation *** slide. So that to you is a very distinct different sound? ENRIQUEZ: Yes. It’s louder, it’s a little bit longer than a click, and it takes more motion (THUNKING NOISE) to do so ‘cause now you're using two hands. SMITH: Uh-huh. Um…did you actually see him w-, when that, uh, let’s say the racking of the, of the gun, did you see any, um, changing of magazines or loading of the gun in between that time? Or were you able to see that…*** (SPEAKING SIMULTANEOUSLY)? ENRIQUEZ: I was not able, I was not-, I understand your question. I was not able ta see any loading (CONVERSATIONS IN BACKGROUND) of the weapon with any magazines. I simply only saw the slide of the gun, um, being racked back and then back forward. SMITH: Okay. And I'm sorry, I'm gonna take you back one more step. Th-, actually when you heard the click, uh, before the racking of the gun. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 16 of 27 When you heard that was the gun pointed in that position you indicated ENRIQUEZ: Yes. It was. SMITH: ENRIQUEZ: Absolutely. That’s the only way I would describe it. SMITH: Okay. (SOUND OF RUSTLING PAPER). Um, and after the racking of the gun and then, uh, the actual shot came out were you confident or sure ENRIQUEZ: Absolutely. Without a doubt. And ta elaborate on that… SMITH: Yes? ENRIQUEZ: …um, I also do remember someone shouting out, uh, which is being broadcast on the radio, shots fired, , no officer involved shooting. Of course with radio code but to, uh, for purposes of this interview that’s what it wa-, that’s the broadcast that came out. And I remember hearing that. SMITH: Okay. Do you remember who that might’ve been? ENRIQUEZ: Believe it Officer GIVENS (SIC). SMITH: Okay. (BACKGROUND NOISES). Um, and after the shot you said h-, the, uh, the suspect kind of slumped down. Um, would that be kinda like sliding down in his seat? Or kinda slumped over like his-, the-, his upper torso went towards like the steering wheel? ENRIQUEZ: Believe it was his-, is at least his head went down in front of him. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 17 of 27 SMITH: Okay. ENRIQUEZ: Um, I can't recall if his upper torso went down. But I know his head went down. (CONVERSATIONS IN BACKGROUND). SMITH: And that’s wh-, about the same time after the shot when you heard the vehicle begin to like rev, or acceler-, the rev I should say? ENRIQUEZ: Oh, it redlined all the way. SMITH: Okay. Um…and your initial fire after that was that he was either unconscious or possibly deceased at that time? ENRIQUEZ: Correct. SMITH: Okay. Um, when the two officers began to approach the suspect vehicle on the passenger side, do you recall who those two officers were? ENRIQUEZ: Believe it was Officer BERWANGER…and forgive me, I forget the other officer, it starts with a Z I believe, um… SMITH: That’s okay. ENRIQUEZ: BERWANGER for sure. SMITH: Okay. Um, and that’s when you left, um, vehicle 64 and joined them because you felt they didn’t have enough (CONVERSATIONS IN BACKGROUND), um, people there for that? ENRIQUEZ: Absolutely. SMITH: Okay. How close do you think that you guys got to the vehicle before you were, um, changed your direction and retreated back to your positions (BACKGROUND NOISE) of cover? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 18 of 27 ENRIQUEZ: Sure. Uh, right at the tail end of the pickup truck and there’s actually some kinda stain in this picture a dirt, it could be oil, something unrelated, but I will say that’s a good reference point. (THUNKING NOISES). SMITH: Okay. Um…when you guys were approaching and y-, you indicated that you heard someone say he still has a gun. Do you recall who that was, and was that over the air? Or did someone yell that out loud? ENRIQUEZ: Someone yelled it out loud. I heard more than one voice say it. I knew it came from the direction of (CLATTERING SOUND) this side, which *** (SPEAKING SIMULTANEOUSLY)… SMITH: When you say this side you're talking about the west side of the street? ENRIQUEZ: The west side of the street. I do not know who said it exactly. SMITH: Okay. (PAUSE), (SOUND OF RUSTLING PAPER). When-, after you guys retreated back and you went and took your position back at that unit, um, did you go back ta the same position as far as unit 64 on the passenger side with the door, uh, front door open? ENRIQUEZ: Correct. Yes, I did. SMITH: Okay. So then you were able to regain that view that you were talking about with the mirror and ta the, the suspect in, inside the vehicle compartment? ENRIQUEZ: Correct. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 19 of 27 SMITH: You talked about seeing the suspect moving and at some point you said he had, uh, you were able to identify that he had a cell phone in his hand? ENRIQUEZ: Yes. SMITH: Do you recall what hand his-, the cell phone was in? ENRIQUEZ: Right hand. SMITH: Right hand? Did you see the handgun at that point as well? ENRIQUEZ: You have ta be specific. While he’s in the car? SMITH: I'm sorry. Uh, w-, at, at the time that you saw that he had a, uh, now a cell phone in his right hand, was he still armed with the handgun in his left hand that you could see, visible through from your position at vehicle 64? ENRIQUEZ: I understand the question now. No. I could not. (CONVERSATIONS IN BACKGROUND). SMITH: Okay. Did you ever hear, um…I-, let me ta-, step it-, step back just a second there. On the phone did you ever make any verbal to-, either to your partners or out loud or over the radio that he had a cell phone in his hand? ENRIQUEZ: No. SMITH: Okay. Did you hear the suspect talking at all on the phone? Or making any, um, noise whatsoever? ENRIQUEZ: I could hear him moaning a little bit. But I could not hear him articulate any sentences or say anything. (CONVERSATIONS IN BACKGROUND). S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 20 of 27 SMITH: Approximately how long after the…gunshot from the suspect was that time from when you and the other two officers, BERWANGER being one of those, approach the vehicle? How much time lapsed between that gunshot and your approach? ENRIQUEZ: A few seconds. SMITH: Okay. And when you guys retreated back to your vehicle, and after you had made the identification that he had his cell phone in his right hand and was…possibly using it, I'm guessing he was holding up to his, his face as if he was using it? ENRIQUEZ: Correct. SMITH: Okay. How long between that time and then when the suspect actually got out of the vehicle would you estimate? (KNOCKING SOUND), (CONVERSATIONS IN BACKGROUND). ENRIQUEZ: (PAUSE). Few seconds, maybe a minute. SMITH: Okay. Were commands still be given-, being given to him to get out of the vehicle or put down the weapon or anything like that that you recall? ENRIQUEZ: Absolutely. That’s one thing that remained constant. SMITH: Okay. So there were several commands from, um, I-, and then forgive me, was Officer GARCIA giving those commands primarily? ENRIQUEZ: Correct. Officer GARCIA givin’ the commands on the passenger side standing next to me. SMITH: Okay. On the passenger with you? Okay. Do you recall, uh, or if you could maybe just tell me a couple of what those commands were? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 21 of 27 ENRIQUEZ: Absolutely. Put the gun down. Drop the gun. Both in English and Spanish. Um, believe he also mentioned it’s not worth it, don’t do it. Simple direct commands. SMITH: Okay. (THUNKING NOISE). Uh, when the driver’s side door opened, um, you indicated that the suspect kind of slid down or out of the truck. Is that…did he take his feet out first and kinda just slide down the seat? Is that how you maybe characterize that? Is that fair? ENRIQUEZ: That’s fair to describe. He, uh, slides down the seat being a pickup truck it’s s-, naturally raised. So he slides down the driver’s seat till both of his feet hit the pavement. SMITH: Did you see any injuries on him at that time? ENRIQUEZ: Yes. SMITH: C-, can you describe that? ENRIQUEZ: I SMITH: Was the blood covering his eyes? Was it like b-, b-, potentially blinding him in anyway? ENRIQUEZ: No. I remember it from his jaw down. SMITH: Okay. Um…at what point when he got out of the vehicle or slid out of the vehicle and planted his two feet down did you become aware that he was…armed with a handgun? ENRIQUEZ: Right away. SMITH: And, um… S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 22 of 27 ENRIQUEZ: Right way when he exited the driver’s side and ha-, both feet were on the ground…bein’ that hi-, the gun was being held in the left hand and again my positioning where I was at, a clear, unobstructed view when he exited the vehicle facing west. (SOUND OF RUSTLING PAPER). (THUNKING NOISES). SMITH: Okay (WHISPERED). What would you think your distance was if you had ta guess from the…passenger side door of unit 64 to where he-, when stepped out of the vehicle? ENRIQUEZ: 35 feet. (CONVERSATIONS IN BACKGROUND). SMITH: After he stepped out of the vehicle and then-, I think you indicated he was first facing west and then at some point turns to now face yourself and these other vehicles that are behind him. Um…were there more commands given at that time as-, when he started to turn of, drop the weapon? ENRIQUEZ: Yes. SMITH: Besides you identifying that, um, did you state, drop the weapon, or were you just letting one officer or, or another officer make those commands? ENRIQUEZ: I let another officer make that command. SMITH: And just for clarification’s sake. Why…is that done sometimes? ENRIQUEZ: It’s best practice to do that as to not confuse the person we’re contacting. Um, if, uh…multiple people are giving different commands it can be misunderstood, people can get confused and they panic. So it’s in our best practice that we have someone, whether it’s been assigned or S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 23 of 27 it’s by a supervisor or someone volunteers, or usually the initial, primary person giving the commands and building that rapport, if you will, stick with that, and we all know our roles. And other people may have said a couple things here and there but the one thing that remains constant was that from Officer GARCIA giving the commands both in English and Spanish. So yes, it is best practice for us to delegate one person to give those commands as to benefit the person we are contacting. SMITH: Do you speak Spanish, sir? ENRIQUEZ: Yes I do. SMITH: Okay. So you understood when he was giving those commands in Spanish as well? ENRIQUEZ: Absolutely. SMITH: Okay. When he, the suspect, turned facing west to now facing south towards you…and the other officers…and you decided to fire two rounds at him initially, why did you do that? ENRIQUEZ: (CLEARS THROAT). The suspect became a threat to us immediately. Coming out with the handgun, giving lots of commands, him still holding the gun at, as what I describe as a positon of advantage, presented and holdin’ it close to his chest, turning and facing us put us in a very vulnerable spot, it gave him the advantage. Uh…I was concerned about the people in the area, the safety of them. It was the middle of the day, uh, there’s two schools nearby, one in the northeast direction a quarter mile away, and high school a quarter mile west of…lots of foot traffic. I S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 24 of 27 was, um, concerned and worried about my partners. This person had…already allegedly fired at the victim. Had already fired , had now exited the vehicle with the handgun and was demonstrating a propensity for violence and disobeying our commands. Ultimately, as he was making that turn, and the reason I decided to fire, was because I needed to stop him, and because I saw him as a threat and the fear that he imposed in myself, and my partners. SMITH: Okay. Um, and I, I think you said you fired two rounds and then you had a malfunction, is that correct? ENRIQUEZ: Correct. SMITH: Okay. And at some point, um, you corrected the malfunction, um, I know from my time would you call that like a “tap in rack”? ENRIQUEZ: Close. Um, yeah, it was tap in rack. I brought the gun back to myself, uh, (CREAKING SOUND), um, saw that, uh, slide locked to the rear, brought it back sent it forward, brought it back again. So for that question there wasn’t a stove pipe or round stickin’ out it just…the best I can I dire-, describe it it failed ta feed or the slide locked. SMITH: Okay. And after you, um, corrected that you indicated-, so you did eject one live duty round from your handgun that would be near or approximately in that area of unit 64? ENRIQUEZ: Correct. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 25 of 27 SMITH: Okay. (BUZZING SOUND). Um…you said there was a…uh, Sergeant, uh, supervisor at the scene. Who was that? ENRIQUEZ: There were several. Can you be specific? SMITH: Oh, I, I'm sorry, yeah, let me, let me back up there. There was a Sergeant that approached the suspect, um, I believe you said he was, um, not covered and you went with him, um, is that correct? ENRIQUEZ: That is correct. SMITH: H-, what Sergeant was that? ENRIQUEZ: That was Sergeant HUMPHREYS (SIC). (THUNKING NOISES). SMITH: So you went with Sergeant HUMPHREYS as he approached the suspect that was now on the ground? ENRIQUEZ: Correct. SMITH: Okay. And…did Sergeant HUMPHREYS, to your knowledge, fire any rounds? ENRIQUEZ: He did not. SMITH: Did, um, he have anything in his possession when he approached the suspect on the ground? ENRIQUEZ: Yes. SMITH: What was it? ENRIQUEZ: A ballistic shield. SMITH: Okay. (KNOCKING / THUNKING NOISE). So you responded with him to provide cover for him? ENRIQUEZ: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 26 of 27 SMITH: Uh, when you got up there you indicated, um, you used your left boot to, um, kick the weapon a-, away from the suspect. Approximately where was the weapon and th-, maybe the suspect’s position ta help me… ENRIQUEZ: Sure. The suspect was facing south on his stomach. The weapon was on his left side close to his person. I then kicked it a few feet, which ended up under the truck on the left side, in front of the left rear tire. SMITH: Okay. Um…when the suspect-, at any time when he’s outta the car did he ever make any verbal statements or say anything that you recall? ENRIQUEZ: No. SMITH: Okay. (SOUND OF RUSTLING PAPER). Um, and then you indicated that there was a, uh, you met with a scene supervisor, um, do you recall who that was? ENRIQUEZ: Yes. SMITH: Who was that? ENRIQUEZ: Sergeant SHIN (SIC). SMITH: And did you provide a safety statement to him? ENRIQUEZ: Yes, I did. (THROAT CLEARING IN BACKGROUND). SMITH: Any questions sir? NUNEZ: *** (INAUDIBLE). SMITH: Sir? And *** (SPEAKING SIMULTANEOUSLY)? GOLDWASSER: No. SMITH: Okay. I think, uh…you answered all my questions. Thank you sir. I appreciate your time. Going to end the interview at 1438. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 27 of 27 [END OF INTERVIEW]