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HomeMy WebLinkAboutInt Ofc Nicole Quijas S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 1 of 26 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: NICOLE QUIJAS, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: EDDI NUNEZ, DETECTIVE SANTA ANA POLICE DEPARTMENT CORY GLAVE, ATTORNEY DATE AND TIME: APRIL 6, 2015 1112 - 1148 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On April 6, 2015, at approximately 1112 hours, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Officer NICOLE QUIJAS 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] (UNINTELLIGIBLE CONVERSATION) SMITH: It is Monday, April 6th, at 11:12am. This is Investigator RYAN SMITH, at Santa Ana Police Department, regarding Special Assignment 15 dash 005. 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 26 And go ahead go round table and have everybody introduce themselves on tape for the purpose of the transcriber to identify ***. GLAVE: CORY GLAVE, Attorney. QUIJAS: Officer NICOLE QUIJAS. NUNEZ: Detective NUNEZ. SMITH: Uh, Officer QUIJAS, what’s your first name? QUIJAS: NICOLE. SMITH: ***. Your ID number? QUIJAS: 2958. SMITH: Is this a free and voluntary statement today? GLAVE: It probably call for a legal conclusion but…go ahead. QUIJAS: Yes. SMITH: Has anyone from your Agency ordered you to give a statement? QUIJAS: No. SMITH: Do you feel compelled to give a statement because the District Attorney’s Office is involved? QUIJAS: No. SMITH: What is your present assignment? QUIJAS: Uh, police officer assigned to the directed team. (PAUSE) SMITH: How long have you been at that current assignment? QUIJAS: A little over two months. SMITH: How long have you been a police 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 26 QUIJAS: At Santa Ana ten years. SMITH: Have you been a police officer for any other Agency? QUIJAS: Yes. SMITH: Okay. What Agency? QUIJAS: Orange County Sheriff’s Department. SMITH: And how long were you at that Agency as a deputy sheriff? QUIJAS: Uh, just under four years. (PAUSE @ 0:01:46 – 0:01:57) SMITH: Going to the day of the incident March 11th, what you’re wearing today was that your uniform of the day? QUIJAS: Yes. SMITH: And polo shirt, jeans, duty belt, and your hard badge I guess I call it your metal badge on your duty belt? QUIJAS: Correct. (PAUSE) SMITH: Your duty weapon that day, can you describe that for me? QUIJAS: A black, uh, semi-automatic handgun Glock. SMITH: Caliber? QUIJAS: 40. SMITH: How do you carry that? Do you carry that in a plus-one, and do you know what I mean regarding plus-one? QUIJAS: Yes and yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 4 of 26 SMITH: Yes and yes, thank you. Uh, how many additional magazines do you carry for your duty weapon? QUIJAS: Two. SMITH: Do you know what type of rounds you carry? And are they department issued? QUIJAS: They are department issued and as far as, uh, the brand you mean? SMITH: Yes. QUIJAS: Um, typically I think they’re Winchester. SMITH: Okay. Did you check your duty weapon on the date of this incident before going in service? QUIJAS: Yes. SMITH: Can you describe how you do that and what it is? QUIJAS: Uh, before I go what we call 10-8 in service, uh, I do what I refer to as a press check to, uh, make sure that there’s a round in the chamber. SMITH: Do you carry a backup weapon? QUIJAS: Right now no. SMITH: Were you carrying one on that day? QUIJAS: No. SMITH: What about a taser, were you carrying a taser that day? QUIJAS: Yes. SMITH: Uh, was that M26 or X26 model? QUIJAS: I think the X. SMITH: Okay. Uh, before going 10-8 did you test the taser? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 5 of 26 QUIJAS: No. (PAUSE) SMITH: Do you recall, uh, what unit you were assigned to that day? QUIJAS: No. SMITH: Do you recall your call sign that day? QUIJAS: Yes. SMITH: What was that? QUIJAS: 832 Alpha. SMITH: Was that a one officer or two officer unit? QUIJAS: Two. SMITH: Were you the driver or passenger? QUIJAS: Driver. SMITH: Were there any additional weapons assigned to that unit or in your car that day? QUIJAS: I don’t recall, uh…typically I do check out a shotgun and a, uh, rifle I don’t remember that on that day though. SMITH: Okay. Is there a video recorder in the patrol unit? QUIJAS: No. SMITH: Uh, do you have a digital recorder? QUIJAS: No. SMITH: Does your department issue either of those items? QUIJAS: No. (PAUSE @ 0:05:05 – 0:05:17) S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 6 of 26 SMITH: *** go through this in the interview part. Were you injured that day? QUIJAS: No. SMITH: Did you get any bio-hazard material on you, blood or anything like that from the suspect on your clothing or anything? QUIJAS: No. (PAUSE) SMITH: Uh, I’m gonna show you a picture and I’m gonna write number one and circle it and I’m gonna write your last name in the top left. QUIJAS: Okay. SMITH: Looking at this picture that’s an overhead that we took that day of this scene. Can you, uh, show me either by marking X or circling the vehicle if you, uh, recognize it in this picture you were assigned to that day. (PAUSE) QUIJAS: I can't remember the angle. Uh, circle the whole unit? SMITH: Either way or indicate with an X in front of it or something that’s fine whatever, whatever you want. (BACKGROUND SOUND) My pen’s still not working very good on ***. QUIJAS: ***. (BACKGROUND NOISE) SMITH: It’s because of the material. QUIJAS: *** or blue. SMITH: It doesn’t whatever ***. GLAVE: You could try another one if you want. SMITH: That be fine. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 7 of 26 QUIJAS: And initial? SMITH: Sure. QUIJAS: Okay. SMITH: Great, thank you. Okay. Officer QUIJAS, if you could just tell me in your own words, uh, how you became aware of the incident and take me through it please. QUIJAS: Okay. Uh, so on this particular day, uh, I was assigned to what we call a two-man unit. I was the driver and I was working with my partner DAVID GARCIA. Uh, we were in the northeast portion of the town when a call came out of a shooting that had just occurred, which typically it’s safe to say it’s common, uh, however the information given over the radio by our Dispatch was, uh, very detailed and we began to receive numerous phone calls by, uh, citizens. That to me means it’s, it’s probably gonna be legit information and, uh, serious in nature. Uh, as we were driving towards, uh, the area we were getting updates of the suspect and the suspect vehicle and description. Uh, I remember hearing that, uh, the shooting occurred I wanna say Bishop or Chestnut, I apologize I can't remember exactly right now but, uh, and the suspect had a red sweat shirt and was driving a white truck. So as I was driving towards, uh, where the shooting occurred I heard an officer over the radio advise that he had, uh, found the suspect vehicle and he had described it as white truck and he didn’t quite have the plate at the time. At that particular time, uh, I began to drive southbound onto Main Street from First Street and I saw S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 8 of 26 the motor officer behind a white truck. Uh, as I began to drive further South I remember looking over, uh, to the left and seeing the red sweatshirt and my partner saying there’s, you know, there’s the truck red sweatshirt. Uh, we were able to make a U-turn and get behind the truck which put us in a northbound position now on Main Street, and we did that because in my mind I’m thinking okay this, you know, we have, uh, armed suspect, uh, if it goes to pursuit or something like that the motor’s, uh, not as safe as a actual unit. So we were able to take the, what we refer to as the primary position, behind the suspect vehicle and we activated our lights and the, uh, vehicle actually yielded quite quickly. Uh, so at that particular time we knew that we had a, uh, a suspect who was shooting, uh, at somebody. At that time I didn’t know if anybody was hit or not but really didn’t matter. Uh…once we had the vehicle stopped, uh, typically the driver of the vehicle will give verbal commands, uh, I remember saying, you know, turn off the car let me see your hands however, uh, we were getting no response from the person in the vehicle at which time, uh, my partner DAVID GARCIA who’s fluent in English and Spanish, uh, took over the verbal commands. Uh, again the suspect didn’t, uh, cooperate and we didn’t see the hands and, uh, he wasn’t doing what he was, was told. Uh, I remember after going through numerous times of DAVID saying let me see your hands and giving him commands to exit the vehicle I remember, uh, seeing the suspect take a gun, uh, and I identified that by it was silver and it was obviously a semi- S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 9 of 26 automatic handgun. Uh, I saw the suspect rack it like to chamber a round and we were still giving commands he wasn’t, uh, obeying at which time, uh, he took the gun and put it up to his chin, and I could see the movement of his hand and where the gun was so, uh, however the officer next to me at that time I didn’t know who it was, uh, had said he’s putting it up to his, his chin, so at that point in time we all kinda held and, uh, DAVID continued to give commands and the suspect fired one round. Uh, ultimately hitting himself somewhere in the face, I didn’t know at that point in time. Moments later I was able to see, and when I say I was able to see, uh, his window was partially down, uh, or all the way down I don’t know but I know I was able to see through the driver’s side window. Uh, he…after he shot himself he, uh, we heard a loud like engine rev as if his foot had, uh, stepped on the gas pedal but then after a few moments it stopped so in my mind I’m thinking this guy’s not, he’s not dead. Uh, I saw the suspect kinda lean back in his, uh, seat and wipe his face that was full of blood, uh, can't remember which hand but wipe his face off so he could see to remove the blood out of his eyes at which time were, uh, or DAVID was continuing to give commands. Uh, he had told him, you know, to exit the vehicle and moments later the suspect actually did exit the vehicle, but when he exit the vehicle he first stepped out but turned, so when he stepped out of the car he was facing northbound and then he was able to move his body to turn around towards us facing southbound. Uh, when he exited the vehicle I saw he still had the gun in S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 10 of 26 his hand. Uh, we were still con-, DAVID was still continuing to give commands in English and Spanish. Uh, at that point in time when he exited the vehicle I thought he was actually gonna probably put down the weapon and surrender but instead he took himself from a, a hunched over position, uh, standing if that makes sense, uh, and I remember seeing the gun in his left hand kinda like by his, uh, mid-thigh and again so I thought he was gonna put it down but instead he, uh, began to stand straight up and at that time he had, uh, started to point the gun towards us, uh, in a South direction and at that point in time I fired, uh, two rounds in his direction. (PAUSE @ 0:14:09 – 0:14:32) (UNINTELLIGIBLE CONVERSATION) SMITH: Do you recall the address or location of the shooting Dispatch had put out *** I’m sorry the location of the shooting that you’re responding to? GLAVE: The original call? SMITH: Yes. QUIJAS: I don’t. SMITH: Okay. Do… (SPEAKING SIMULTANEOUSLY) QUIJAS: I don’t why? SMITH: …you recall, uh… I’m sorry. Uh, did you self-initiate you and your partner to that spot or were you dispatched? QUIJAS: We self-initiated. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 11 of 26 SMITH: Okay. And did you do that via voice or computer or both? GLAVE: Or neither. SMITH: Or neither. QUIJAS: Neither. (PAUSE) SMITH: Can you give me any the details of that Dispatch put out regarding that call? I think you just said it was shooting, anymore on that that you can elaborate? QUIJAS: From what I remember, uh, you know, shooting had just occurred, uh, unknown, uh, there were any victims however, uh, there was another caller saying that there was also a shooting, uh, and I don’t know which caller in particular was giving the, uh, descriptions of the, the suspect and the vehicle, but I do remember as I was driving, uh, on First Street to get to Main cuz I remember at the time the officer had said, uh, he was…the vehicle was westbound Chestnut towards Main. So I do remember on our way to the call hearing a male Hispanic, red sweatshirt, uh, white truck possibly a Toyota, uh, all that information that the, uh, multiple callers were giving. So I didn’t know as, as far as the, uh, actual shooting that occurred I didn’t have too many details about that who was involved or, or what. In fact on the way there I, I don’t why but, uh, in my mind shooting just occurred and the area given I was thinking possible gang members and I remember when I saw the suspect and I looked to the left S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 12 of 26 I’m like oh he didn’t look like a gang member but then I saw the red sweatshirt so kinda. SMITH: Do you recall the officer that put out any type of update or, uh, brought your attention to the vehicle who that was? QUIJAS: Uh, it was gonna be a motor officer, uh, ***. (PAUSE) SMITH: Did Officer *** speak to you directly over the radio? Did he point or indicate any, anything to you that you recall? QUIJAS: Uh, on my way there I remember seeing that he had the vehicle, uh, and we weren’t in each other’s eyesight at that point in time, but when I was driving my vehicle, uh, South he was coming North…you know I vaguely remember I don’t wanna give bad information but I vaguely remember him saying unit that that car right there that’s the truck. Uh… SMITH: Did you take that as being you that unit that he was describing… QUIJAS: Correct. SMITH: …or calling out I should say? QUIJAS: *** I don’t remember seeing any other units, uh, in our direction. SMITH: Do you believe at that time of that happen with the officer saying unit going southbound is when you saw the suspect vehicle and the description matching what you had heard coming out on the radio earlier? QUIJAS: Exactly. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 13 of 26 SMITH: Uh, was it the same officer *** then who *** or said he had the vehicle and at that location? QUIJAS: Correct. (PAUSE) SMITH: You said that, uh, after going southbound you made your U-turn… QUIJAS: Uh-huh. SMITH: …to get in the position, your vehicle ended up as showing in this photograph here, indicated you activated your lights, what lights were those? Can you describe them? QUIJAS: Sure. Uh, my light bar on the top of my, uh, black and white police unit, uh, so it has a steady red as well as the, uh, the white and blue you see in the picture. SMITH: Any siren activated? QUIJAS: No. SMITH: After you activated your lights he stopped his vehicle is that what you said? QUIJAS: Yes. SMITH: How fast was he going? Was he kinda rolling forward or just driving normal when you had red lighted him? QUIJAS: Um, there…I do recall quite a bit of traffic, uh, on that particular street. Main Street’s one of our main streets. (LAUGHS) For lack of a better term. UNKNOWN: That was good name. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 14 of 26 QUIJAS: Uh, yeah it fits…it’s fitting. Uh, so I remember a little bit of traffic and he wasn’t, you know, trying to get away or, or driving fast or anything that, you know, I remember specifically. SMITH: You would say that he complied when you activated your lights *** stopping. QUIJAS: Correct. SMITH: Yielding. (PAUSE) Initially I think you said and correct if I’m wrong that you gave verbal commands and then Officer GARCIA at some point took over? QUIJAS: I remember getting out of the vehicle and obviously *** drawing my weapon and saying let me see your hands, uh, and then you know things quickly began to unravel and, uh, DAVID took over because of the English and Spanish we’ve…based on our experience in this city, uh, a lot of people do speak Spanish so we wanted to make sure that he was understanding what was he was being told to do. SMITH: When giving those commands do you recall the suspect yelling back at you, answering, making any attempt at either understanding or complying with those commands? QUIJAS: No, he did not say anything. SMITH: Uh, from your vantage point were you able to see through any mirrors back at him or were you looking strictly through the rear windows at the back of him I would say? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 15 of 26 QUIJAS: From my vantage point I could see, uh, through the back of his, his window so the, uh, you know… SMITH: The rear window. QUIJAS: …the…yeah, the rear thank you. SMITH: Uh-huh. QUIJAS: The rear, uh, but I was having, uh, a better, I had better visibility through his, uh, driver’s door. SMITH: The mirror on the driver’s door? QUIJAS: I’m sorry the, uh, the window. From my angle I could tell, I could tell that DAVID probably had a better, uh, view from the rearview mirror but I did not. My, uh, vantage point was through the window, the driver’s side window. SMITH: Okay. So when you say DAVE you’re talking about your partner he… QUIJAS: Correct. SMITH: …remained at the passenger door… QUIJAS: Correct. SMITH: …of your unit. Okay. (PAUSE) When Officer GARCIA or yourself were giving commands did he ever, I say he, the suspect ever put his hands up in any type of cooperation that you recall? QUIJAS: No, the only time I remember seeing his hands is when I saw the gun in his hand. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 16 of 26 SMITH: And when you saw the gun, you described as a I believe a stainless semi- automatic handgun, were you seeing that as you said through *** open window? QUIJAS: Correct. SMITH: Okay. And you were able to make out that description you provided me at that time? QUIJAS: Yes. (PAUSE) SMITH: You said that the suspect had racked the gun, uh, can you take me through that a little bit and describe what he was doing? QUIJAS: Sure. Uh, I don’t remember exactly what hand he had it in but I remember seeing the weapon, uh, in his hand raised up in front of him, uh, and then I remember seeing him, when I say rack a round, uh, or *** maneuver the, uh, gun. SMITH: The slide? QUIJAS: Thank you. Work the slide. I don’t know what’s wrong with me today. SMITH: So… QUIJAS: Normally better. Uh, so yes he, uh, worked the slide, uh, to me I know that chambers around, uh, in the gun. SMITH: Did you ever see him load that gun with a magazine or anything? QUIJAS: I did not. SMITH: So you only saw him racking the gun? QUIJAS: Correct. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 17 of 26 SMITH: Do you recall when he racked it did you ever see any, uh, live round or anything come out of it as you might be familiar with when you rack a gun that might be loaded? QUIJAS: I did not. (PAUSE) SMITH: I think you said that you heard someone say that he had put the gun up to his chin, did you see that or just hear that someone had announced that to you? QUIJAS: Uh, when I lost sight of, of the gun I last saw, uh, in his, uh, upper I guess you could say torso or facial area but then I lost visual of that then I heard, uh, an officer, uh, advise that he was putting the gun up to his head or chin I can't remember exactly what word he used but. SMITH: Do you recall if that officer, and I understand if you don’t remember who it was, was that someone yelling it out or putting it over the radio? QUIJAS: Uh, well that particular officer was to my left I didn’t know who it was at the time I know now it to be Officer, uh, GIBBINS. SMITH: Okay. QUIJAS: Uh, and he was putting information *** out over the radio. I don’t recall if he specifically put that information over the radio but I remember hearing it. SMITH: Okay. And you know that Officer GIBBINS was somewhere off to your left? QUIJAS: Correct. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 18 of 26 SMITH: Okay. (PAUSE) So when you lost sight of the suspect having the gun in his hand you indicated that it went towards his upper torso and at some point you then heard a gunshot? QUIJAS: Correct. SMITH: Okay. Did you have any belief or know that he had fired a round at himself? QUIJAS: I did not know where he fired that round. Uh, I *** could only, you know, I hate to use the word assume but based on the information I had at that time that the officer said he’s putting it up to his head or chin and then I heard the round, uh, I figured that he had a self-inflicted wound. SMITH: Okay. And you think his driver side window was either partially down or all the way down? QUIJAS: Yeah, I can't recall, uh, exactly if it was fully down but I do remember being able to see, uh, the suspect through that window so. SMITH: Were you able to see him when that shot came, when you heard that shot? The self-inflicted gunshot I should say. QUIJAS: Uh, no because he had sat back in his seat, in the driver seat, so I lost, uh, visual of his body. SMITH: Okay. (PAUSE) After the self-inflicted gunshot you said that the engine started to rev, did the ve-, his vehicle move at all? QUIJAS: No. SMITH: Okay. QUIJAS: Thank goodness. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 19 of 26 SMITH: So more than likely in park so the…you heard the engine vehicle did not move? QUIJAS: Correct. SMITH: Did you see from your position any indication of the brakes being on or being, the brakes lights been lit up as if the *** brakes were being applied? QUIJAS: I don’t remember. SMITH: Okay. (PAUSE) After hearing the self-inflicted gunshot at some point you were able to see I think you said the suspect wiped blood off his face? QUIJAS: Correct. SMITH: Was that from your still, your same position looking at him he then was able to go forward enough where you’re able to see that? QUIJAS: Yes. SMITH: Were you able to see or identify any specific injury to him at that time other than blood on his face? QUIJAS: No. SMITH: Did the suspect say anything at that point or ask for any help, make any indication whatsoever to you…you or any other officer there? QUIJAS: No. (PAUSE) SMITH: And after that gunshot and the wiping of the blood off the face was it Officer GARCIA who was still giving commands in both English and Spanish? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 20 of 26 QUIJAS: Correct. (PAUSE) SMITH: How long would say time elapsed from the time that you heard the gunshot, the self-inflicted gunshot, to the time that the suspect had began to step out of the vehicle? QUIJAS: I would say just based on the events that took place, uh, maybe a minute…or less than. SMITH: From the time that the gunshot had come off and the suspect stepping out of the vehicle before that, so after the gunshot but before he had stepped out, did any officers make any approach or anything that you saw to the vehicle? QUIJAS: I remember seeing, uh, a few people I don’t know who… SMITH: Okay. QUIJAS: …to my right, uh, start to go up, but we, uh, quickly said you know hold, hold, wait, wait, just to ensure the safety of what was going on get a game plan to help this guy. SMITH: Uh, when the officers that were going to approach were told to hold did they ever make an approach and were called back that you remember? QUIJAS: I remember seeing them out of the corner of my eye get to maybe where the motorcycle is. SMITH: Okay. QUIJAS: Uh… SMITH: And you say the motorcycle indicated in picture number one here ***? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 21 of 26 QUIJAS: Correct. SMITH: Okay. QUIJAS: Uh, which is to the rear of the truck but… SMITH: Okay. QUIJAS: …kinda in front of my vehicle, uh, and off to the right. And then they, they came back I don’t what, what was going over there. SMITH: Okay. So you don’t know why they came back or retreated they never made it to the vehicle? QUIJAS: Correct. SMITH: Okay. Until sometime later maybe. Uh, so when Officer GARCIA, after the self-inflicted gunshot sound had come out that you guys had identified, had continued giving commands for the exit…exit, excuse me, for the suspect to exit the vehicle? Uh, is that what I remember hearing? QUIJAS: Uh, well let’s see after the gunshot, uh, we were, after we heard the gunshot we were gonna formulate a game plan and a team to, to approach the vehicle safely, uh, but at that time or moments later after the revving of the engine stopped, uh, the light bulb kinda went on, uh, that this guy’s still alive so, uh, that’s when I saw him wipe his, his face, uh, wipe the blood off to obviously gain vision, uh, and then… SMITH: Okay. QUIJAS: …the rest. SMITH: And then he stepped out. In between that time did you see him do anything else action wise besides wiping the blood off his face? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 22 of 26 QUIJAS: Oh, yeah I did. He, uh… SMITH: What was that? QUIJAS: It looked as if was trying to make a phone call. SMITH: Was that something that you saw personally or someone told you that he was doing? QUIJAS: Uh, I saw him with the phone in his hand because I was trying to decipher if it was a, still the gun or a phone, uh, and if I remember correctly I remember seeing the phone it was like white, uh, in color so I was able to, uh, decipher or you know… SMITH: Identify it? QUIJAS: Identify it as a cell phone and not the gun. Uh, after that, uh, when he stepped out I just remember seeing the gun, he may or may not have had the cell phone in right hand but I just remember seeing the gun in his left hand when he stepped out. (PAUSE) SMITH: So when the suspect got out of the driver side of his vehicle he was originally got out and facing northbound, is that correct? QUIJAS: Well, right like he had no choice you know when we get out of a vehicle you step out with your left foot and then he was able to, uh, turn his body around to face us. SMITH: In this picture, uh, that I showed you, number one, his driver’s side door is closed, do you know if the suspect closed that door or was it may be closed sometime after, if you recall? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 23 of 26 QUIJAS: I want to say after because I remember when he got out I remember seeing the door behind him so I don’t know how it ended up that way. SMITH: When the suspect got out of the vehicle and then at some point turned to face you guys, I say you guys the officers on scene… QUIJAS: Uh-huh. SMITH: …did he make any verbal statement that you recall? QUIJAS: No. SMITH: Any indication, uh, that he was complying with orders, and were orders being given by Officer GARCIA? QUIJAS: Yes, Officer GARCIA, uh, did a really good job in continuing, uh, or continuous commands, uh, and clear in both English and Spanish but, uh, the suspect, it almost seemed like he wasn’t hearing anything. SMITH: When he turned to face southbound Main at you guys, uh, you were able to identify he still was armed with a handgun? QUIJAS: Yes. SMITH: Do you recall what hand he had it in? QUIJAS: Uh, I remember the left. SMITH: Do you know how he had it positioned? Can you describe that? QUIJAS: The way I remember it is…at first he had it positioned, uh, and I remember cuz he was hunched over and I just keep remember the mid- thigh, uh, it was pointed in downward direction at first. SMITH: Okay. So his left hand, thigh level, and he was somewhat hunched over? QUIJAS: Correct. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 24 of 26 (PAUSE) SMITH: I think you initially said you thought he was going to comply and put the gun down, when did that change for you? QUIJAS: Uh, yeah initially I thought okay he’s gonna surrender and let us help him and, uh, at which time he obviously made the decision to, uh, stand upright and point the gun in our direction, uh, so that’s when it, that was the game changer so to--so to speak. SMITH: From what you saw when he stood up you could still clearly see *** him armed with a handgun? QUIJAS: Yes. SMITH: He had never dropped it? QUIJAS: No. SMITH: He began to raise it? QUIJAS: Yes. SMITH: Did he make any statement at that time? QUIJAS: No. (PAUSE) SMITH: Why did you shoot? QUIJAS: I shot because, I mean, it’s one of these things that you have so much information I knew that he had just committed a shooting, uh, based on the, uh, information that we were given on the radio and the multiple callers like I said, uh, for me the initial response when you go to a call and you get numerous calls based on my experience and, and doing the job S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 25 of 26 you know it’s, it’s, uh, a little more serious than sometimes just one call so, uh, based on I knew he had, he had committed a shooting and then he tried to kill himself, uh, I mean his actions were just, uh, what’s the word…I’m at a loss for words today I apologize. SMITH: That’s okay. QUIJAS: Uh, anyways so he…then he tried to shoot himself then he, he got out I mean this guy was, was determined and in my mind I knew that he would do anything, uh, I mean it was I hate to say textbook but it almost the textbook suicide by cop, you know, he, he was gonna do anything he could, uh, to die that day and unfortunately you know pointing the gun in, in our direction I believe that he, he would have fired off rounds if that’s what he had to do for us to kill him. Uh, and obviously my, you know, my partner who was, would have been in his line of fire. This particular street there’s tons of pedestrians and kids and family, I mean everybody walks on this street, uh, so just, you know, we had to protect our safety as well the, the safety of others and that’s why I shot. SMITH: Okay. (PAUSE) Detective NUNEZ, any questions? UNKNOWN: No. SMITH: Anything you wanna clarify with your client? GLAVE: No. SMITH: Okay. Thank you. Go ahead and end the interview at 11:48. (UNINTELLIGIBLE CONVERSATION) [END OF INTERVIEW] S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 26 of 26