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HomeMy WebLinkAboutInt Ofc Majors by Tabb_Redacted S.A. 15-005 Investigator: VIVIAN TABB Approved By: Date of Report:03/30/2015 Date: 05/20/2015 Page 1 of 4 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: ERIC MAJORS, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: LEO RODRIGUEZ, DETECTIVE CORPORAL SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1847-1858 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 ERIC MAJORS in reference to the officer involved shooting investigation of BENITO OSORIO. MAJORS provided his statement freely and voluntarily. The following is a summary of the interview: SAPD Officer MAJORS has been employed as a Santa Ana Police Officer for approximately 15 years, and is currently assigned to the patrol division. MAJORS was on duty on Wednesday, March 11, 2015, and was wearing a navy blue Santa Ana Police Department uniform with patches on both sleeves that read Santa Ana Police, as well as a SAPD badge affixed to the chest of his uniform. Sometime after 1200 hours, MAJORS and two other police officers were dispatched to a call of an assault with a deadly weapon, a shooting in progress. Officer MAJORS was given the “code 3” response from his location at Grand Avenue and McFadden Avenue. Officer SERGIO ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 15-005 Investigator: VIVIAN TABB Approved By: Date of Report:03/30/2015 Date: 05/20/2015 Page 2 of 4 ENRIQUEZ was with MAJORS at Grand Avenue and McFadden Avenue, and responded to the incident location in his patrol vehicle also. As MAJORS responded to the call, he heard over the police radio Officer JAMES BERWANGER had located the suspect vehicle, a white Toyota truck, which had been described as the vehicle occupied by the shooter. MAJORS drove northbound Main Street from McFadden Avenue. He saw other units had stopped the suspect vehicle northbound Main Street, just north of Chestnut Avenue. As MAJORS drove through Chestnut Avenue, he drove west of the other police units that were stopped on Main Street that were blocking the northbound lanes and stopped in the number one southbound lane, facing northbound. MAJORS’ objective was to stop southbound traffic, so they would have to turn onto Pine Avenue, which was north of the car stop. MAJORS took a position behind the driver’s door of his vehicle. MAJORS saw the male suspect, later identified as BENITO OSORIO, in the driver’s seat of the truck, through the driver’s window which was rolled down. OSORIO was the sole occupant of the vehicle. After a few minutes, MAJORS saw OSORIO hold a semi-automatic handgun up in the air and rack a round into the chamber twice. The officers gave the following commands to OSORIO, “Don’t do it, don’t do it, put the gun down” in both English and Spanish. MAJORS yelled to the other officers that OSORIO had just racked and chambered the handgun twice. MAJORS saw OSORIO look out of the driver’s window, looking back towards him and the other officers. Due to MAJORS’ height, he stood over the light bar of his patrol vehicle. Officer MAJORS was concerned the lights from the light bar may silhouette him; and because the lights were right in his eyes he reached into his vehicle and turned the light bar off. He was also concerned the suspect may fire rounds randomly at the lights. S.A. 15-005 Investigator: VIVIAN TABB Approved By: Date of Report:03/30/2015 Date: 05/20/2015 Page 3 of 4 At some point thereafter, MAJORS heard one gunshot go off inside the cab of the Toyota truck, and the truck began to accelerate loudly for approximately 10-15 seconds. MAJORS yelled to Officer MIKE GIBBONS . He heard GIBBONS put the information out on the radio. Several seconds later, MAJORS observed officers approach the suspect vehicle, on the sidewalk, from the right side of OSORIO’s vehicle. OSORIO . MAJORS yelled to the officers approaching the suspect vehicle, “Back out, back out, we have nothing but time.” MAJORS thought there was no reason to rush in because he could see OSORIO was still moving. During this time, MAJORS saw officer RYAN SHIFFLET arrive on scene and arm himself with his rifle and took a position behind a tree on the west side of Main Street. Officer GIBBONS was on MAJORS’ right side with a .40 caliber rifle. A short time after, MAJORS saw the driver’s door to the truck open. As OSORIO stepped out, MAJORS saw the handgun in OSORIO’s right hand and then OSORIO transferred the handgun to his left hand. OSORIO was bleeding from the face and he kept wiping his face with his hands. As OSORIO was exiting the vehicle, he directed the pistol back towards the officers and began to level the pistol off. Officer MAJORS stated he was concerned for the safety of the officers, specifically the officers in unit 864 and 853 because it appeared OSORIO was pointing the handgun back towards those vehicles. MAJORS feared he may try to hurt the officers knowing that OSORIO had assaulted someone earlier . MAJORS made a judgment call at that time, even though he had a clear shot of OSORIO and a good back drop, not to shoot his firearm because he knew there was a long rifle to his left with Officer SHIFFLET and a long rifle to his right with Officer GIBBONS and the rounds from the long rifles would be more stable and more effective from that distance than from his handgun. S.A. 15-005 Investigator: VIVIAN TABB Approved By: Date of Report:03/30/2015 Date: 05/20/2015 Page 4 of 4 MAJORS heard a shot and believed it came from the left of OSORIO where Officer SHIFFLET had taken a position, because OSORIO appeared to be hit from the left side. OSORIO fell down to the ground, dropping the handgun to the ground. MAJORS approached and observed other officers approach and render the handgun safe. MAJORS directed the paramedics to OSORIO to render medical aid. I showed MAJORS a sketch of the scene and asked him to write where he was during the incident. He drew an “X” with a circle to the driver’s side of unit 824, which he identified as his vehicle. MAJORS identified unit 859 as Officer SHIFFLET’s vehicle and drew an “X” with a circle indicating SHIFFLET’s position behind a tree west and north of SHIFFLET and MAJORS’ vehicles. He further drew a square around SHIFFLET’s position to indicate the parking lot north of the bakery. MAJORS also identified Officer GIBBONS’ patrol vehicle as 899 and wrote GIBBONS next to vehicle. MAJORS printed and signed his name and dated the sketch.