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HomeMy WebLinkAboutInt Ofc David Garcia 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 34 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: DAVID GARCIA, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: EDDIE NUNEZ, DETECTIVE SANTA ANA POLICE DEPARTMENT CORY GLAVE, ATTORNEY DATE AND TIME: APRIL 6, 2015 1015 - 1102 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On April 6, 2015, at approximately 1015 hours, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Officer DAVID GARCIA 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 Monday, April 6th, at 10:15am. We’re at Santa Ana Police Department on Special Assignment 15 dash 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 34 005 that occurred on 3-11-2015 on South Main. And we’ll go around, uh, table and have everybody introduce themselves. GLAVE: CORY GLAVE, Attorney. GARCIA: DAVID GARCIA, officer. NUNEZ: Detective NUNEZ. SMITH: ***. Officer GARCIA, was is your, uh, first name sir? GARCIA: DAVID. SMITH: And your ID number? GARCIA: 3231. SMITH: Is this a free and voluntary statement today? GARCIA: Yes. SMITH: Has anyone from your Agency ordered you to give a statement to me? GARCIA: No. SMITH: Do you feel compelled to give a statement because the District Attorney’s Office is involved? GARCIA: No. SMITH: Um, what is your present assignment, sir? GARCIA: I’m currently assigned to directed patrol and the special enforcement teams. (PAUSE) SMITH: How long have you been at that assignment? GARCIA: About a year now. SMITH: How long have you been an officer at Santa Ana Police Department? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 3 of 34 GARCIA: I’ll be going on five years May 20th of this year. (PAUSE) SMITH: Have you worked as a police officer for any other Agency? GARCIA: No. (PAUSE) SMITH: Uh, going back to March 11th, uh, your uniform…this is how you were dressed that day in jeans and a polo shirt, sir? GARCIA: Yes, sir. SMITH: With your duty belt? GARCIA: Yes. SMITH: Okay. And you also had your badge in the place *** uh, hard badge I should say on your belt as well? GARCIA: Yes. SMITH: Okay. (PAUSE) And can you describe your duty weapon that you used that day? GARCIA: Uh, it was a Glock, uh, 40 caliber. SMITH: Uh-huh. And did you carry that weapon in a plus-one capacity? So what I mean by that is your magazine full and then one in the chamber? GARCIA: Yes. SMITH: Did you have a or…yeah, did you have on that day, did you have weapon mounted light on that? GARCIA: Yes. SMITH: Okay. What kind is that? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 4 of 34 GARCIA: I don’t have the slightest clue. SMITH: Okay. Uh, and what about your additional magazines that you carry, how many do you carry? GARCIA: Two, sir. (PAUSE @ 0:02:45 – 0:02:54) SMITH: Uh, do you know what type of ammo you carry or is it just department issued? GARCIA: It’s a department issue. (PAUSE) SMITH: Did you check your duty weapon before you went in service that day on March 11th? GARCIA: Yes. SMITH: Can you just describe to me what that entails for you? GARCIA: Uh, usually when I finish my day I unload go to clear and barrel, unload my extra magazine and take the, uh, the extra round off, and then when I go 10-8 the next day I enter the magazine, rack it around in the chamber, unload my magazine, insert that spare round from the night before into the magazine and re-insert my magazine inside the weapon. SMITH: Okay. Uh, did you carry a backup weapon on March 11th? GARCIA: No. SMITH: Did you have a taser on you that day, sir? GARCIA: Yes. SMITH: And what model is that, the X26 or M26? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 5 of 34 GARCIA: X26. SMITH: Uh, you did not deploy the taser during that incident on March 11th? GARCIA: No. SMITH: Did you...uh, before going in service on March 11th did you test your taser? GARCIA: Yes. SMITH: How do you normally do that and what does that entail? GARCIA: I pull my taser out and I take the, uh, the taser cartridge off. I turn my taser on squeeze the trigger let it cycle for five seconds, check the battery life and then turn it back on re-insert the, the… GLAVE: Darts. GARCIA: Darts and then put it back in. SMITH: Okay. Um, that particular day do you recall what vehicle you were driving? What unit number? GARCIA: Now I don’t, uh… (LAUGHING) GARCIA: 8-,… GLAVE: Don’t guess if you don’t… GARCIA: Okay. SMITH: Yeah, if you don’t know that’s okay. Do you recall what your, uh, call sign was that day? GARCIA: Yes. SMITH: What was that? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 6 of 34 GARCIA: 832 Alpha. SMITH: Is that a one officer or two officer unit? GARCIA: Two officer unit. SMITH: Were you the driver or passenger? GARCIA: Was the passenger. SMITH: Who was the driver? GARCIA: Officer NICOLE QUIJAS. (PAUSE) SMITH: Uh, were there any weapons besides your duty weapon that we already discussed and the taser, additional weapons in the vehicle? Long rifle, uh, AR or anything like that? GLAVE: Can I clarify your question? SMITH: Yes, sir. GLAVE: You’re saying other weapons, obviously there’s another officer in the car that has a weapon are you talking about hers? SMITH: I’m sorry I should clarify this, thank you. Uh, besides yourself and Officer QUIJAS’ duty weapons is there any weapons that are assigned to that, your unit, uh, the patrol unit that you were driving that day, be it a long gun, less-lethal shotgun, anything like that? GARCIA: I believe we had a shotgun and, uh, Ruger nine mil. SMITH: Uh, the shotgun is that the, uh, department issued shotgun? GARCIA: Yes. SMITH: And that is assigned to the patrol unit or when you go out that day? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 7 of 34 GARCIA: We check it out. SMITH: Okay. Do you know what kind of shotgun that is? GARCIA: No, I don’t. SMITH: Okay. And then you said the other gun was a…? GARCIA: A, uh, *** Ruger nine mil carbine, right? That’s ***? SMITH: Oh that’s the long rifle? GARCIA: Yes. SMITH: Okay. Carbine rifle, okay. And that also is something you check out before going in service? GARCIA: Yes. SMITH: Okay. (PAUSE @ 0:06:29 – 0:06:51) SMITH: Did you shoot your duty weapon that day? GLAVE: (LAUGHS) Are you talking about at the time of the incident… SMITH: I’m sorry. GLAVE: …beforehand? SMITH: …on, on March 11th during this particular incident we’re talking *** on South Main, did you discharge your weapon? GARCIA: Yes. SMITH: How many rounds did you fire, sir that you remember? GARCIA: One round. SMITH: And that was from you duty weapon, your Glock 40 cal? GARCIA: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 8 of 34 SMITH: Thank you. Uh, did you get injured at all during that incident? GARCIA: No. SMITH: Did you get any, uh, bio-hazardous material that is like blood or anything on your person? GARCIA: No. (PAUSE @ 0:07:28 – 0:07:47) SMITH: I’m showing you this picture, I’m gonna write a number one and then circle it, I’m just gonna write your last name on the top right corner. Do you see your patrol unit that you and QUIJAS were driving that day in this picture? GARCIA: Yes. SMITH: Can you use my pen and just circle what unit you were driving? (BACKGROUND SOUND) GLAVE: He attempted to circle. (UNINTELLIGIBLE CONVERSATION) SMITH: *** my pen didn’t work the best there. Uh, it looks like it is 3164, that looks right to you? GLAVE: It does. SMITH: Okay. GARCIA: Yes. SMITH: ***? GARCIA: Yes. (PAUSE) S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 9 of 34 (BACKGROUND NOISE) SMITH: Yeah, my pen not working right. Okay. On, uh,… And you were the passenger that day in that unit? GARCIA: Yes. SMITH: Okay. Okay, sir at this, this point I’d like to just give you the opportunity just to take me through from the time of call when you first became aware of it, how you were dispatched and go through to the incident after the, uh, just after the shooting with the ***? GLAVE: And as we discussed before we went on tape just gonna summary this point cuz he’ll have follow up questions. GARCIA: Okay. Uh, like I said earlier, uh, we…my partner and I were riding Alpha. Uh, we were in the area of, uh, Grand Avenue and Seventeenth Street when the call came out. Uh, the initial call came out as shots fired. Uh, and they were requesting units to go to the area. Uh, seeing that you know our special assignment is, uh, to be out and about, uh, we decided to respond that way. Uh, we responded from that area went southbound Grand, uh, westbound First Street, uh, and we were going on First Street, uh, there were several updates on the call that were coming out. Uh, one of them that I remembered was that somebody described the shooter as a male Hispanic wearing a red hoodie sweater. And, uh, was possibly last seen entering a white Toyota pickup, unknown model. Uh, and leaving the area I don’t know, I can remember which way. Uh, and as we’re heading towards that area on First Street, uh, another update comes out S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 10 of 34 one of the motor officer’s says I might have a vehicle it’s not, it’s not yielding. Uh, I believe he followed the vehicle through several little streets I can't remember the names, and, uh, the last update I heard from him was, uh, we’re going westbound Chestnut towards Main so at that time I tell my partner hey let’s just go make it all the way to Main Street and we’ll catch the vehicle there if it goes North, South, or West. Uh, we make that left turn to go southbound on First Street or I’m sorry Main Street from First. Um, and I was, we’re approaching the 300 block of South First or South Main, I’m sorry. Uh, the motor officer says unit going southbound it’s that white pickup, uh, going northbound and as soon as he said that I looked off to my right or my left to the northbound lanes of Main Street and I see a male Hispanic with a hoodie, red hoodie sweater, uh, driving a white Toyota pickup. And I see in, see inside the truck he’s the only, uh, the only occupant of the vehicle at the time. And I see him and he sees me and I tell partner it’s that car or it’s that truck because right behind that car was a motor officer. So we made a U-turn and we, uh, came and landed. As you can see in, uh, photo number one directly offset behind him. Uh, when we did that our overhead lights were activated with a forward facing red light. Uh, and we both immediately exited the vehicle. Um, when we exited the vehicle, uh, I began giving commands, uh, both in English and Spanish, uh, turn off the car, let me see your hand’s, let me see your hands. Uh, I was utilizing the, uh, driver’s side mirror, uh, to look inside the, uh, the cabin of the truck. And S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 11 of 34 I’m seeing that, uh, he’s doing the, uh, the cross over his, uh, his body, uh, I don’t how catholic people call that but doing the cross over his head. Uh, he does that multiple times as I’m telling him to let me see your hands, let me see your hands, and immediately after, uh, maybe two, three times that he does that I see a, uh, At that time, uh, based on what the initial call how it came it out and obviously a shooter possibly armed and I know that this, this might be the guy cuz he’s wearing a red sweater and, uh, white pickup truck, uh, now I know he has a gun and I start telling him, Uh, so I start screaming both in English and Spanish I tell him, uh, don’t do it, don’t do it, and as he’s doing that I’m still utilizing the driver’s side mirror to look inside the cabin, and I could see clearly he’s squeezing the trigger off, uh, two to three times as I’m saying don’t do it, don’t to it, don’t do it, uh, and he does it. And based on my training and experience I…either A he had a malfunction or B ran out of rounds cuz he pulled the trigger numerous times. Uh, he brings the gun back and now I could see his face and he looks, uh, angry and what I’m thinking the fact that gun didn’t go off, uh, while still utilizing the, uh, the mirror I could see that he, uh, re-racks the gun, smacks the magazine *** uh, reracks it and then immediately does the cross one more time and Uh, I’m telling him, uh, don’t do it in both in English and Spanish. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 12 of 34 way we could work through it, both in English and Spanish, and to my surprise he wasn’t, he wasn’t listening to me he was in, uh, in my mind I, I made the opinion that he was committed to what he was wanting to do. Uh, shortly thereafter, uh, I see he makes, he grabs his phone and puts it to his ear and then puts the phone back down. Uh, and as I’m telling him don’t do it, don’t do it, I clearly see his finger squeeze the, uh, the trigger of the gun and a, uh, a shot comes out. immediately after that you hear the engine revving. Uh, initially I had thought that maybe it was, it was his body resting after the fact that he got shot and now he’s foot’s on the gas, uh, so I’m trying to tell the officers hey let’s get a shield up here with a couple other officers. And, uh, we had officers on the right hand side that started moving up and I, uh, I used the, uh, the doorway of the passenger side door of my vehicle to, uh, step up and elevate my view into the, the cabin through the driver side mirror. As I do that I could see that, uh, this guy’s now moving he’s not, to my surprise he’s not dead. Uh, he’s still moving. Um, hand, uh, his left hand. As I see that, as I see that I tell my officers hey stop he’s still alive, he’s still alive and then the engine stops, uh, to what I believed he moved his foot off the gas. Uh, so I tell everybody he still has the gun, he’s got the gun. Uh, I see him raise his, uh, I can't remember what hand but with one of his hands he, uh, wipes the blood off his face, uh, does the cross one more time, uh, grabs the cell phone and dials what S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 13 of 34 I believe to be a contact on his cell phone. Puts the phone back to his ear while still holding the gun and then puts the phone down. I’m giving him orders of, uh, drop the gun, drop the gun, uh, both in English and Spanish. Uh, I tell him, uh, let me see your hands, uh, shortly after, uh, while still using the, the doorframe of my vehicle to prop up I see that he’s now, uh, reaching over with his right hand, uh, to push the door open, uh, and I could still see that he has, uh, cell phone in his right hand and the gun *** with his left hand. Uh, he pushes the door open with the left oh, I’m sorry with the right hand and then comes out of the vehicle in, uh, like if I could show you and then you describe it on, on record see how it goes. He’s the driver, uh, he pushes the, uh, the door with his right hand and then comes up but he doesn’t come up standing he comes out like this kinda like crouching and then he squares off now like fully standing up with the, the handgun it’s still in his left hand and the cellphone in his right hand. Uh, at the time I yell out, uh, gun he’s got a gun, gun, gun, uh, and I tell him again drop it, drop it, uh, don’t do it and he decides to, uh, begin to present his, his gun as a threat to us at which time based on the, uh, totality of the circumstances from the first initial call to where this man had fired at somebody at, I don’t think I found out whether he hit anybody, uh, uh, the fact that he ignored my commands to drop the gun the fact that he ignored my commands to drop the , and now’s he’s outside and he’s ignoring my commands to drop the gun, and then presenting the S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 14 of 34 arm as a…or the handgun as a threat to my, the safety of myself and my fellow officers around me, uh, I believed at that time he posed a threat and I, uh, discharged one round…aimed at center mass. (PAUSE @ 0:19:21 – 0:19:30) SMITH: Anything else? GARCIA: Uh, shortly after that, uh, we started moving up and, uh, started directing officers to render aid. Uh, I went up and, uh, stayed with the gun and then I was relieved by another officer and then I was brought to the station. (PAUSE @ 0:19:50 – 0:20:12) SMITH: Going back to…of the call, uh, did you hear that over the radio as far as the shots fired call? GARCIA: Yes. SMITH: Uh, do you recall what area the call originated at? GARCIA: It’s a little side streets, uh, East of Main, North of Bishop I wanna say somewhere, those little side streets I can't recall the, uh, exact little streets. SMITH: When the call came out were you familiar with the area that Dispatch told you? GARCIA: Yes. SMITH: Okay. Did you…were you dispatched you and your partner or did you self- initiate because of your position that you’re allowed to do that type of thing? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 15 of 34 GARCIA: We self-initiated ourselves. SMITH: Okay. And did you initiate by putting that over the air by voice or did you use your computer or both, and then they put you on the call at some point? GARCIA: We used our computer. SMITH: Okay. Uh… (PAUSE) Before you had actually seen the vehicle you said there was some updates, do you recall who was giving those updates? Was it a combination of officers on scene and Dispatch or anything specifically that you remember regarding the update? GARCIA: Uh, I wanna say both officers and Dispatch. SMITH: And part of that description that you recall was a male Hispanic wearing a red hoodie like, uh, I’m guessing a hooded sweatshirt? GARCIA: Yes. SMITH: Was there any indication the hood was up or anything like that or was it just a description of the sweatshirt? GARCIA: Just a description of the sweatshirt. SMITH: And was that put out by Dispatch or an officer that arrived on scene to where the shots fire call originated at? GARCIA: I don’t recall. SMITH: Regarding the, uh, white Toyota pickup was there any further description, two-door, four-door, camper shell, partial plate or anything like that that you recall? GARCIA: No, not that I can recall. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 16 of 34 SMITH: Uh, you also indicated that there was a motor officer putting out an updated possibly ***do you recall who that motor officer was? GARCIA: Uh, yes I can’t pronounce…***. GLAVE: ***. GARCIA: ***. SMITH: Okay. Can you elaborate anymore on what his updates were, and I say he I mean Officer ***? GARCIA: Uh, vaguely, uh, just the fact that he put out I have a white pickup, uh, from that area and, uh, something about it’s not stopping or it’s stopping and going and, and then he kept on giving updates as to the vehicle not yielding and then coming off on Chestnut to Main Street. SMITH: When you got in the area…I think you said that the officers made some type of *** that was the vehicle, was it a…you saw the motor officer *** and the truck or was it he called you on the radio to get your attention as to the vehicle on Main Street? GARCIA: Uh, as we were going southbound I see a truck and then as I’m seeing the truck I get the update from the, the motor officer, uh, unit that’s going southbound at that time we were the only unit going southbound… SMITH: Okay. GARCIA: …uh, the vehicle is on the northbound lanes and I see it’s a truck and then I look right behind him and there’s a motor, uh, motor cycle right behind. SMITH: Okay. And as you were going southbound you were able to identify that the driver, I think you said was wearing a red hooded sweatshirt? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 17 of 34 GARCIA: Yes. SMITH: Okay. You did not see anybody else in the vehicle? GARCIA: No. SMITH: Uh, I think you indicated and correct me if I’m wrong please that he looked at you and you looked at him, so there was a point where you made kind of—some kind of eye contact with the driver of that vehicle? GARCIA: Yes. SMITH: Was he stopped at that time in traffic or was he still moving? GARCIA: He was slowly moving. SMITH: And I’m guessing in that general area that’s pictured here in number one, northbound on Main Street? GARCIA: Yes. SMITH: Okay. Was the motor officer directly behind him in that time? GLAVE: When you say directly behind—I mean… SMITH: I’m sorry. GLAVE: Like the next vehicle or… SMITH: I’m saying, uh… GLAVE: …on the same street that…? SMITH: Yeah, let me clarify that. That the motor officer *** was he South of the suspect vehicle facing northbound, uh, right in this pictures he’s, he’s shown with his, uh, motor cycle which I don’t know if it’s his or not on the, I guess that would be East sidewalk, was he in that position there or was he somewhere else? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 18 of 34 GARCIA: No, he was, uh, directly behind the, uh, the pickup and there was no other vehicles in front, uh, of the, uh, in between both vehicles. SMITH: Okay. (PAUSE) So *** called out to you since you were the only southbound police unit at that time indicating that was the vehicle as well as you recognize the vehicle as being a possible match with the suspect who was also wearing a red hooded sweatshirt which you call from the original description in the call? GARCIA: Correct. SMITH: Okay. (PAUSE) I’m guessing at some point going from southbound you were able to make a U-turn with your vehicle to put it in this position that’s pictured here in number one? GARCIA: Correct. SMITH: And then you indicated that you activated your, uh, solid red but I’m guessing would be a full code-3? GARCIA: Yes. SMITH: So flashing? GARCIA: Well… SMITH: I should say and let me clarify that for your attorney too. Your lights but no siren, so flashing blues and reds as well as a solid red was activated? GARCIA: Correct. (PAUSE) SMITH: Were you the first police car behind the suspect vehicle at that time? GARCIA: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 19 of 34 SMITH: You were still the passenger at that time of that patrol unit, right cuz Officer QUIJAS would have been driving? GARCIA: Correct. SMITH: When you were using the vehicle I’m guessing that your passenger front door open and that was your position initially? GARCIA: Yes. SMITH: Were you using your…in your verbal commands the, uh, PA mic or just yelling? GARCIA: Yelling. SMITH: Okay. Uh, does this patrol vehicle have a video camera equipped in it? GARCIA: No. SMITH: Do you carry a digital recorder on you that would have been activated? GARCIA: No. SMITH: And your department does not issue that as well? GARCIA: Correct. SMITH: Okay. Do you recall what, uh, Officer QUIJAS position was after the stop? GARCIA: I’m gonna assume she was at the… GLAVE: We don’t assume. GARCIA: Okay. SMITH: ***. GARCIA: ***. No then. SMITH: Okay. Your position stayed at the, your patrol unit on the passenger side? GARCIA: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 20 of 34 SMITH: During the commands you stayed there? GARCIA: Yes. SMITH: Okay. (PAUSE) And are you a Spanish speaker for the department as well like do they do a test for that to recognize your Spanish skills? GARCIA: Yes. SMITH: Okay. When you were talking about you were able see from your position you were talking about the mirror, would that be the mirror on the suspect vehicle driver side on the outside of the vehicle? GARCIA: Yes. SMITH: Any obstruction in that view? GARCIA: No. SMITH: What would you estimate your, your distance from the front of your patrol unit to the suspect vehicle? GARCIA: I’d say within 15 feet. SMITH: You discussed being offset and I’m guessing at some point these other vehicles came up, did your commands start before or after these vehicles arrived? GARCIA: I don’t even recall when they vehicles arrived. Um, my attention was off to the driver making sure he didn’t come out *** anything as a threat. SMITH: Do you recall if the unit would be to your passenger side parked along the curb line in this picture number one here? If that car…was there when you initiated a stop? GARCIA: I don’t recall. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 21 of 34 SMITH: Okay. (PAUSE @ 0:28:52 – 0:29:12) SMITH: What was the time if you could guesstimate between your commands…strike that. Sorry. You indicated that he gave the sign of the cross, uh, I’m assuming we’re talking about the suspect in the, in the driver’s seat of the vehicle? GARCIA: Yes. SMITH: Uh, did he do that prior to your commands? GLAVE: Prior to any commands being given? SMITH: Prior to any commands that you gave as far as stopping the vehicle, getting out of the vehicle, putting his…your hands up, anything like that did he, did you see him do that before you gave any verbal commands to him? GARCIA: Um, I can't remember. SMITH: Okay. Do you recall if the driver window or any of the windows on the vehicle were down? GARCIA: I believe the, uh, driver’s window was down. SMITH: Okay. (PAUSE) When you were giving commands did he ever answer you back verbally? GARCIA: No. SMITH: Okay. He never made any attempt to obey your commands? GARCIA: No. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 22 of 34 SMITH: When you saw the sign of the cross what was your feeling at that time or your belief? GLAVE: The first time? SMITH: Yes, sir the very first time. GARCIA: My belief was that he SMITH: Was there any indication when he did that sign of the cross, did he already present the gun to his chin that you talked about? GARCIA: Uh, yes. SMITH: Okay. he had down the sign of the cross the first time? GARCIA: Yes. SMITH: Okay. You described the, uh, handgun as a silver handgun, could you tell if it was any further description, uh, semi-automatic, revolver, anything like that? GLAVE: At that time? SMITH: At that time? GARCIA: Not at that time. SMITH: Okay. But you could see and were able to identify it as a gun of some sort? GARCIA: Yes. SMITH: And also being silver in color or was that determined afterwards? GARCIA: That was, uh, while I was looking at him through the driver’s side mirror. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 23 of 34 SMITH: Okay. Great. (PAUSE) O had done the cross I think you indicated that you verbalized to him yelling in both English and Spanish don’t do it, is that correct? GARCIA: Correct? SMITH: GARCIA: Yeah. SMITH: Can you take me back to when you saw the suspect squeeze the trigger off, I think you said was it more than one time without the gun firing? GARCIA: Yes. SMITH: How many times do you think that happened? GARCIA: Two to four. SMITH: Was there anything he said after, and I say he the suspect, uh, said out loud whether to you or anybody after those pulling the trigger the two to four times, did he verbalize anything? GARCIA: Not that I could have heard. SMITH: Okay. Do you believe it was a malfunction that he had or do you believe he was, uh, test run if you will or did you have any information at that? GARCIA: Well based on my opinion I, like I stated earlier I…either A thought he had a malfunction or B, he ran out of ammo. SMITH: Okay. Um… And at some point you said he became, looked to you as if he became angry and then he did a rack and load, do you recall seeing him doing that? GARCIA: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 24 of 34 SMITH: Can you describe that more? Was it a complete magazine exchange or like I would describe as a tap and rack type of situation? GARCIA: Uh, what I can remember is that he tapped the magazine and racked it and then did the cross and brought it back up to his head. SMITH: Okay. So you never saw him do a magazine exchange? GARCIA: Not to what I could see *** believe that it was a magazine exchange. SMITH: Okay. (PAUSE) How many times did he…do the, well I’m sorry let me, let me back up. When he did the sign of the cross the first time after that he had done where he pulled the trigger the two to four times without the gun firing, and then he did the tap and rack again? GARCIA: Uh-huh. SMITH: And then he did the sign of the cross again? GLAVE: Well wait, wait you… SMITH: Yes, sir. GLAVE: I don’t think he, you said he did the tap and rack again. SMITH: Oh I apologize. GLAVE: I think there’s only one time. SMITH: You’re correct, I’m sorry. He did the sign of the cross once, correct? Then Did a tap and rack and then did the sign of the cross a second time or was the second time of the cross before he tapped and racked? GARCIA: Um… S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 25 of 34 SMITH: If you recall? GARCIA: Well I know he did it more than, more than three times it wasn’t just like I’m gonna do it once it was, uh, I’m gonna do it two to three times and as he’s doing everything, but if you wanna go by sequences as far as times… SMITH: Yes, sir. GARCIA: …that would have been the second time he would done, uh… SMITH: You say the second time, you’re talking specifically about the tapping and racking or the sign of the cross? GARCIA: After the tapping and racking he does the sign of a cross. SMITH: Okay. GARCIA: And then pulls it back. SMITH: And then next time he pulled it back was when you actually heard a gunshot go off? GARCIA: Correct. SMITH: From your position in the mirror looking through his mirror I should say were you able to see, uh, his actions when he pulled the trigger? GARCIA: Yes. SMITH: And can you describe that for me again? GARCIA: Um, as he pulls the trigger, uh, up and then for a very small amount of time goes up and then slowly comes down and his whole body begins to relax, and immediately I hear the, uh, the gas revving up. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 26 of 34 SMITH: Okay. When the shot went off did either you or do you recall any officers indicating out loud or over the air the suspect shot himself or anything to that effect? GARCIA: Uh, I heard several officers say something I did hear something over the radio, uh, some officer said, uh, hey Dispatch we advise shots fired but it was, it came from inside the vehicle. SMITH: Okay. (PAUSE @ 0:36:30 – 0:36:44) SMITH: After that shot came out and you saw his and then the pressing of the gas and the releasing it, would you estimate…it took for the officer to start their approach to the vehicle? GLAVE: You might have missed a word in there. SMITH: Oh. GLAVE: You estimate, are you asking about time? SMITH: Yeah, I’m sorry. Can you estimate time wise from the time you heard the gunshot to the time officers made approach to the vehicle? GARCIA: I can't give you a time but I mean it was, I mean… SMITH: That’s okay if you can’t that’s fine. GARCIA: Yeah, I can't. SMITH: Do you recall which officers made the approach to the vehicle after the, t GARCIA: Um…no. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 27 of 34 SMITH: When those officers made their approach, uh, to the vehicle did you still remain at the position of your vehicle on the passenger side? GARCIA: Yes. (PAUSE) SMITH: , the officers made their approach, did they return back to a position of safety before making contact at the vehicle? GARCIA: Yes. (SOUND OF PHONE BUZZING) SMITH: Did… (SOUND OF PHONE RINGING) (PAUSE @ 0:38:11 – 0:38:19) SMITH: And that was because you say some type of movement…inside the suspect vehicle? GARCIA: Yes. SMITH: Do you recall if it was you or another officer that called those officers back because of the suspect moving? GARCIA: I know I screamed out get back, get back he’s still moving, or something along those lines. (PAUSE) SMITH: You had said that you had called for a shield, was that so the officers could make the approach ? Um, sorry let me start that question over again. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 28 of 34 UNKNOWN: It’s okay. SMITH: I think you indicated you had called for a shield at some point, was that for the officers who were going to make their initial approach to the *** truck after the gunshot had happened or was that after the suspect had already gotten out of the vehicle and then the officer involved shooting occurred? GARCIA: Can you… GLAVE: When did… SMITH: Sure. GLAVE: …you call for the shield? SMITH: Yeah. GARCIA: Oh the first time, uh… SMITH: Yes, sir. GARCIA: … , to make a safe approach knowing that I could still see a gun in there I called for a shield. SMITH: Okay. (PAUSE @ 0:39:39 – 0:39:49) SMITH: Do you recall how far the officers that were going to clear the vehicle before being called back, how close to that truck they got at that point? GARCIA: Uh, I wanna say close but I can't give you an exact measurement of ***… SMITH: Okay. GARCIA: …*** where. SMITH: Do you think they passed the truck bed if that gives you any measure? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 29 of 34 GARCIA: I can't remember. SMITH: Okay. When the suspect had fired that shot, the gun was in his…which hand? GARCIA: I can't remember. SMITH: Okay. But you do recall seeing it through the mirror that he was armed with a gun? GARCIA: Yes. SMITH: GARCIA: SMITH: ***. ? GARCIA: Yes. SMITH: Uh… (PAUSE) gunshot I think you said, and if you can describe it for me, the suspect wiping the blood off of his face and then I think you said he grabbed a phone, can you take me through that one more time? GARCIA: Yeah, uh, I’m looking through the driver side, inside and stepping on my doorframe. SMITH: Uh-huh. GARCIA: *** and I see he’s holding the gun with his left hand and he has his cell phone in his right hand. Uh, he puts the gun down and wipes his face, uh, wiping the blood off his face and then brings the phone to his ear, and I believe I screamed out he’s got a cell phone, he’s got a cell phone. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 30 of 34 SMITH: Okay. GARCIA: Uh, and then that’s when he tries to exit the door. SMITH: Okay. So you were able to identify the handgun at one point lowering and then a cell phone and then announcing that to the other officers, he’s got a cell phone? GARCIA: Yes. SMITH: Okay. (PAUSE @ 0:41:52 – 0:42:05) SMITH: Going to the suspect exiting the vehicle, uh, you kinda gave me a demonstration there as he got out of the vehicle, uh, I think you said he kind of slumped over as he got out so it wasn’t a…normal if you said, if I were to say that it didn’t look normal as he was getting out of the vehicle was that maybe because of an injury that he had? GLAVE: Well we, we can't speculate why he did what he did. SMITH: Okay. Uh, when he stepped out of the vehicle could you see him injured? GARCIA: Uh, yeah. SMITH: Where was that injury? GARCIA: SMITH: Below ***. Did you see any more blood either on him or on his face? GARCIA: Just that blood that was, uh, I believe somewhere wherever the, uh, gun ended up in. SMITH: Okay. Once he got out of the vehicle I think you said he turned, would that be turned and faced yourself and the other patrol units behind him? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 31 of 34 GARCIA: Yes. SMITH: You could still see the gun? GARCIA: Yes. SMITH: Where was the gun at? GARCIA: His left hand. SMITH: How was it held? Was it down at his side or how was it being pointed or presented at that time when you initially saw it? GARCIA: When I initially saw it he was holding it, uh, off to his, to his side, uh, with the barrel, uh, pointing at an angle down. SMITH: Would that be his left side that you recall? GARCIA: Yes. SMITH: Okay. (PAUSE @ 0:43:38 – 0:43:49) SMITH: And he also had the cell phone in his hand at that time? GARCIA: His right hand. SMITH: His right hand cell phone, left hand gun. Okay. (PAUSE) I think you indicated, correct me if I’m wrong, once he was out of the vehicle and turned either yourself or another officer announced gun or that the suspect was still armed with a gun. GARCIA: Yes. SMITH: Did you announce that? Do you recall of was it somebody else or multiple officers? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 32 of 34 GARCIA: Uh, I…I know it was me but I’m pretty sure other officers saw the same thing too. SMITH: Okay. At some point did the suspect raise that gun from his left side up towards officers? GARCIA: Yes. SMITH: Were there commands given when he got out of the vehicle and the gun was identified to drop the gun? GARCIA: Yes. SMITH: How many would you estimate that *** that was said? GARCIA: I know more than once. SMITH: Was that by yourself? GARCIA: Uh, by me and I’m not sure if any other officers, uh, screamed anything else. (PAUSE) SMITH: And I think you kinda said in your statement but why did you shoot the suspect? GARCIA: Uh, like I said based on the totality of the circumstances up to that point of, uh, when I fired, uh, I knew this man, uh, was armed he had already, uh, committed to shooting somebody and when he was pulled over he , I believed he made a commitment to himself to either A, uh, hurt us So at the time when I see him he’s racing, he’s not, I mean he raises the gun and poses a threat to my safety being the S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 33 of 34 fact that my door is directly behind his door and now he’s facing me and the only thing I’m seeing is the barrel, uh, I feared for my life and or the, uh, the safety of my fellow officers around me. SMITH: Okay. Do you recall if you gave a, uh, safety statement to another officer or supervisor on scene and if so who? GARCIA: Uh, yes, uh, Sergeant CHIN. GLAVE: Well you, you made it…he directed you ***. GARCIA: Oh he directed me…yes. GLAVE: So I don’t know if it’s a safety statement. Under the law there’s really no such thing as a safety statement for officers in a shooting. Public safety statement is a statement outside Miranda, uh, for public safety of go look over there for the gun so the kids don’t get it type thing. So I don’t know…you using a legal term. SMITH: Okay, I’m not meaning that I, I’m meaning it in the, in the term that you’re talking about it too. The supervisor on scene did you give some of type of statement and what that statement was? GARCIA: Yes. SMITH: Okay. And that was Sergeant CHIN you had given it to. Uh, I think you said you were relieved, do you remember who relieved you? GARCIA: No. SMITH: Okay. And then at some time you were brought to the station and…were waiting basically for us to process you, is that correct? GARCIA: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 34 of 34 SMITH: Uh, between that date and today have you had a chance to view any videos, audio, social media or anything regarding this incident? GARCIA: I was advised by my attorney not to ***. SMITH: Okay. So you have not? GARCIA: Nuh-uh. SMITH: EDDIE, you have any questions? NUNEZ: No, sir. SMITH: Sir, anything you wanna clarify with your client? GLAVE: No. SMITH: Okay. Well I appreciate you, uh, meeting with us today we’ll go ahead end *** interview at 11:02. [END OF INTERVIEW]