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HomeMy WebLinkAboutInt Ofc Don Kozakowski by Linn_Redacted SA-15-005 Investigator: BRUCE LINN #327 Approved By: Date of Report:3/13/2015 Date: 07/13/2015 Page 1 of 5 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: SAPD OFFICER DON KOSAKOWSKI #1888 PRESENT: EDDIE NUNEZ #2564, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1950-2015 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On the above date and time, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Officer DON KOZAKOWSKI in reference to the officer involved shooting (OIS) incident involving BENITO OSORIO. Officer KOZAKOWSKI provided his statement freely and voluntarily. The following is a summary of the interview: Officer KOZAKOWSKI is a 28 year law enforcement veteran with the Santa Ana Police Department currently assigned to uniformed patrol. I initially clarified with Officer KOZAKOWSKI that he and I had just been together at Western Medical Center-Santa Ana, Emergency Room (ER) with the body of OSORIO, during Orange County Coroner Investigator, ELIZABETH KINNEY’S investigation of the body of OSORIO. At that time, we did not discuss details of the incident. We believed at that time Officer KOZAKOWSKI would be writing his own supplemental report so we did not discuss details of the incident. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA-15-005 Investigator: BRUCE LINN #327 Approved By: Date of Report:3/13/2015 Date: 07/13/2015 Page 2 of 5 On the day of this OIS incident, KOZAKOWSKI was working patrol in full uniform driving a marked black and white Santa Ana police car. He was inside the police station when he heard a dispatched radio call of some sort of shooting in the southeast district. KOZAKOWSKI was with SAPD Sergeant DON HUMPHRIES and SAPD Officer ROGER TELOSA. A vehicle description of a white truck had been dispatched. KOZAKOWSKI heard the radio traffic that SAPD Officer JAMES BURWANGER had located the white truck and was following it. Officer KOZAKOWSKI got into his marked black and white and followed Sergeant HUMPHRIES and Officer TELOSA southbound on Main Street. KOZAKOWSKI heard via the radio that the truck had stopped and the suspect was armed with a weapon, a pistol, and had put the gun to his own head. While holding the gun to his head, the suspect appeared to be on a cellular telephone with the other hand. KOZAKOWSKI heard the radio traffic that a shot had been fired KOZAKOWSKI believed the officer who made that radio broadcast was SAPD Officer MIKE GIBBONS. Although not certain, KOZAKOWSKI believed he had also heard on the radio traffic that shots had been fired at the original incident, before the suspect fled the scene in the white pickup truck. KOZAKOWSKI drove southbound Main Street to eastbound 1st Street to southbound Cypress Street then right on Chestnut Avenue. KOZAKOWSKI had heard the radio traffic of the , as he was travelling southbound on Cypress Street. KOZAKOWSKI arrived at the incident scene at about the same time as Sergeant HUMPHRIES and Officer TELOSA. KOZAKOWSKI asked Sergeant HUMPHRIES if he had a collapsible, ballistic shield. Sergeant HUMPHRIES got a shield from a different patrol unit. KOZAKOWSKI and Sergeant HUMPHRIES SA-15-005 Investigator: BRUCE LINN #327 Approved By: Date of Report:3/13/2015 Date: 07/13/2015 Page 3 of 5 assembled the shield. Sergeant HUMPHRIES told the officers to put on protective rubber gloves because the suspect was already bleeding. KOZAKOWSKI could not see the blood at this point, but heard other officers say to glove up because the suspect was bleeding. KOZAKOWSKI, Sergeant HUMPHRIES and Officer TELOSA walked up to where there were approximately 4 or 5 units abreast. I showed KOZAKOWSKI a sketch of the incident on a piece of paper which he described as an accurate depiction of the incident scene. Officer KOZAKOWSKI used a blue pen to label where he parked his unit #819, and where he and Sergeant HUMPHRIES assembled the shield. He then labeled where he moved up to the rear of unit 864. KOZAKOWSKI saw SAPD Officer NICOLE QUIJAS to his left, by either unit 899 or 824. KOZAKOWSKI stayed behind the trunk area of police unit 864. KOZAKOWSKI said there were sufficient officers with their guns drawn. He did not draw his gun. He put on rubber gloves for a potential extraction of the suspect from the truck. Officer KOZAKOWSKI could see the full driver side of the truck. He described the suspect as bobbing his head or moving around slightly inside the truck. KOZAKOWSKI heard officers yelling, “He has a gun. He has a gun. .” KOZAKOWSKI then heard officers yelling, “Drop the gun. Drop the gun,” for approximately 15-20 seconds, maybe longer. KOZAKOWSKI then saw the driver’s door partially open. The suspect was trying to force the door open, which he finally did open it all the way. There were more commands of, “Drop the gun. Drop the gun.” The suspect exited the truck in a crouch position. KOZAKOWSKI saw blood on the lower face area of the suspect and now saw the suspect had a chrome and brown KOZAKOWSKI again heard officers yelling at the suspect to, “Drop it. Drop it. Don’t do it!” SA-15-005 Investigator: BRUCE LINN #327 Approved By: Date of Report:3/13/2015 Date: 07/13/2015 Page 4 of 5 Officer KOZAKOWSKI was still positioned behind unit 864 and had not advanced. The suspect began to straighten up and stand. The suspect was not steady on his feet. The gun as if he was about to point it at the officers. That is when KOZAKOWSKI heard numerous shots fired from the officers. KOZAKOWSKI believed he saw the suspect get hit by the officers’ gunfire. He was still behind unit 864. KOZAKOWSKI saw the suspect flinch backward from being struck with the gunfire and fall to the ground. KOZAKOWSKI described the way the suspect exited the truck as slow and paused; as if he had to gather himself to exit. One foot came out first and the suspect came out almost in a crouch; like he half fell and half exited the car. It was not a fluid movement. KOZAKOWSKI estimated his distance from the truck to be approximately 25-30 feet. KOZAKOWSKI did not know which officer fired first. He described the multiple gunshots as nearly simultaneous. KOZAKOWSKI said the marked police units had full rotator overhead emergency lights on and the suspect could very easily recognize it was the Police on scene. After the suspect was down, KOZAKOWSKI, Sergeant HUMPHRIES and Officer TELOSA moved forward. KOZAKOWSKI and Officer TELOSA handcuffed the suspect. KOZAKOWSKI saw gunshot wounds on the suspect’s right elbow. At that point, the suspect was still breathing. They moved the suspect onto his left side and searched the suspect for any additional weapons. KOZAKOWSKI pulled out the suspect’s wallet from his right front pants pocket and placed it on the street. The medics arrived in approximately 1 minute later. At the direction of the fire department paramedics, KOZAKOWSKI removed the cuff on the suspect’s right wrist. The left handcuff remained on the suspect’s left wrist. The suspect did not say anything. SA-15-005 Investigator: BRUCE LINN #327 Approved By: Date of Report:3/13/2015 Date: 07/13/2015 Page 5 of 5 Medical aid was rendered to the suspect within 1 minute after he went down from being shot. Orange County Fire Authority paramedics administered first aid to the suspect, in the street for several minutes. The suspect was loaded into a CARE Ambulance. Officer KOZAKOWSKI rode in the ambulance to Western Medical Center-Santa Ana.