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HomeMy WebLinkAboutInt Ofc J Berwanger by Fulcher_Redacted S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/13/2015 Page 1 of 4 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: JAMES BERWANGER, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: MATT MCLEOD, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1942 - 2015 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On the listed date and time, I conducted an audio digitally recorded interview of Santa Ana Police Department (SAPD) Officer JAMES BERWANGER in reference to the officer involved shooting investigation of BENITO OSORIO. BERWANGER provided his statement freely and voluntarily. The following is a summary of the interview: BERWANGER has been a Santa Ana Police Officer for approximately twenty-five years, and is currently assigned as a traffic officer, working Shift 1, from 0600 to 1630 hours. His normal work schedule was Tuesday through Friday. BERWANGER was on duty on Wednesday, March 11, 2015, wearing an SAPD issued navy blue motor uniform, which consisted of SAPD patches on both shirt sleeves, a Santa Ana Police Officer badge above his left breast pocket, a name tag above his right breast pocket, motor breeches and motor boots. He was riding SAPD vehicle (Motorcycle) #701 and assigned radio call sign 716. At approximately 1230 hours, BERWANGER was on a follow up investigation at a Bank of America branch bank, in the area of Saint Andrew Place and Main Street, in Santa Ana. He cleared 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: 04/13/2015 Page 2 of 4 the call at approximately 1240 hours, and was returning to the Santa Ana Police Department. BERWANGER was traveling northbound on Main Street at Edinger Avenue when he heard a radio call of shots fired in the area of 819 South Cypress Avenue. After a short pause, a second radio transmission reported a second call had been received of a gunshot fired in the area of 714 South Cypress Avenue. BERWANGER was in the area of Main Street, north of McFadden Avenue, when additional information was broadcast that a suspect related to the shooting calls was seen on Cypress Avenue going toward Main Street, in a white Toyota pick-up. BERWANGER turned east on Bishop Street from Main Street and observed a white Toyota pick-up truck traveling northbound on Cypress Avenue at a high rate of speed. BERWANGER began following the white pick-up, which was driving at a high rate of speed, approximately 50 to 60 miles-per-hour, in a 25 mile-per-hour zone. BERWANGER broadcast over the police radio that he was behind and following a possible vehicle related to the shooting calls. The white pick-up turned east onto Chestnut Avenue, accelerated to Orange Avenue and turned south, then continued to Myrtle Street, where it turned west. BERWANGER lost sight of the truck for approximately one second when it turned west onto Myrtle Street. When BERWANGER rounded the corner onto Myrtle Street, he could see the pick-up had continued traveling westbound toward Main Street. When the vehicle reached the intersection of Myrtle Street and Cypress Avenue, it stopped in the middle of the road. BERWANGER believed the subject was going to exit the vehicle and engage him with gunfire. BERWANGER was unable to see how many occupants were in the pick-up due to the vehicle having dark tinted windows. The pick-up remained motionless for approximately three to four seconds before accelerating toward Main Street. As the pick-up reached the intersection of Main Street and Myrtle Street it stopped a second time. BERWANGER was able to get close enough to the truck to provide SAPD communications the license plate number. S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/13/2015 Page 3 of 4 The truck hesitated for approximately one second before turning northbound on to Main Street. BERWANGER followed the pick-up truck northbound Main Street until it stopped, for heavy traffic, in the area of 300 South Main Street. Two marked SAPD vehicles arrived and stopped behind the pick-up truck. BERWANGER parked his motorcycle on the east sidewalk of Main Street, south of the pick-up truck. Additional SAPD officers arrived and a felony car stop was initiated. After BERWANGER parked his motorcycle, he heard an unknown officer state, “He’s got a gun, he’s got a gun.” BERWANGER could see the silhouette of a subject inside of the pick-up truck. BERWANGER moved to a position of cover near an SAPD police vehicle, which was parked directly behind and approximately twelve feet south of the pick-up. For approximately fifteen seconds, BERWANGER heard officers pleading with the subject, later identified as OSORIO, to “drop the gun,” “put the gun down,” and “don’t do it.” Approximately one minute later, BERWANGER heard an unknown officer state that OSORIO . Approximately thirty seconds later, a single gunshot was heard. The gunshot appeared to have come from inside the cab of the pick-up truck. Immediately following the gunshot, BERWANGER saw the silhouette , followed by the sound of the pick-up truck engine racing. It appeared to BERWANGER that OSORIO had his foot on the accelerator and that the vehicle was in either park or neutral. The engine continued to race for approximately ten to fifteen seconds before it slowed down again. BERWANGER, and SAPD Officers WILLIAM SWEET and ED DEMARCO began advancing along the passenger side of the pick-up truck, to “clear the cab.” Prior to their reaching the cab portion of the pick-up, they were advised by other officers that OSORIO was still moving and to “get back.” S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/26/2015 Date: 04/13/2015 Page 4 of 4 BERWANGER, SWEET, and DEMARCO retreated to their positions of cover, behind SAPD vehicles, without having reached the cab of the pick-up. BERWANGER heard officers to his left, state that OSORIO was still moving inside of the cab of the pick-up truck. An additional officer indicated that OSORIO was bringing a cellular telephone up to his ear. BERWANGER could see that OSORIO was holding something up to the right side of his head and officers, who had a better view of OSORIO, indicated he was on the telephone. BERWANGER felt that OSORIO was still a threat at that time. For approximately three minutes, following the gunshot, officers continued to plead with OSORIO to drop the gun. BERWANGER then heard an officer state that OSORIO was exiting the vehicle and that he was in possession of a gun. BERWANGER was unable to see OSORIO or the driver side door of the pick-up from his vantage point. BERWANGER then heard an approximately two second burst of gunshots and saw OSORIO fall to the ground. BERWANGER was only able to see OSORIO from under the pick-up truck. OSORIO fell to his knees, with a silver semi-automatic hand gun in his left hand, and then fell forward onto his chest. OSORIO did not move after falling to his chest. BERWANGER did not see which officers fired their weapons. Two SAPD officers, who had donned latex gloves, and SAPD Sergeant DON HUMPHRIES, who had retrieved a ballistic shield, advanced on OSORIO and secured him.