HomeMy WebLinkAboutInt Ofc R Tolosa by Frazier.ok S.A. 15-005
Investigator: SUSAN FRAZIER Approved By:
Date of Report: 06/22/2015 Date: 07/14/2015
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CASE NAME: OSORIO, BENITO
CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL)
INTERVIEW OF: ROGER TOLOSA, POLICE OFFICER
SANTA ANA POLICE DEPARTMENT
PRESENT: EDDIE NUNEZ, DETECTIVE
SANTA ANA POLICE DEPARTMENT
DATE AND TIME: MARCH 11, 2015 1800 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 ROGER TOLOSA in reference to the officer involved shooting
investigation of BENITO OSORIO. TOLOSA provided his statement freely and voluntarily. The
following is a summary of the interview:
TOLOSA has been a Santa Ana Police Officer for approximately nineteen years, and is
currently assigned as a field operations patrol officer. TOLOSA was on duty, working his scheduled
shift on Wednesday, March 11, 2015. TOLOSA was wearing a Santa Ana Police Department issued
navy blue uniform with Santa Ana Police Department patches on both shirt sleeves, a Santa Ana
Police Officer badge above his left breast pocket, and a name tag above his right breast pocket.
At approximately 1200 hours, TOLOSA was in the area of Sycamore and 17th Street, in
Santa Ana, when he heard a radio call of shots fired in the area of 800 South Cypress Street.
Further information indicated that two men were involved in a fight and one was armed with a
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INTERVIEW REPORT
S.A. 15-005
Investigator: SUSAN FRAZIER Approved By:
Date of Report: 06/22/2015 Date: 07/14/2015
Page 2 of 3
firearm and shots had been fired. Additional information was relayed that one of the suspects was
leaving the scene in a white pick-up truck.
TOLOSA began responding to the area of 800 South Cypress, and while en route, heard
SAPD Officer JIM BERWANGER advise that he was northbound on Main Street following a vehicle
possibly involved in the shooting. Shortly after, BERWANGER advised that he was stopped behind
the vehicle in the area of 300 South Main Street.
TOLOSA arrived on scene, stopped his vehicle in the northbound lanes of Main Street, facing
north, behind several other SAPD vehicles. TOLOSA arrived just behind Sergeant DON HUMPHREYS
and at the same time as Officer DON KOZAKOWSKI. Sergeant HUMPHREYS told TOLOSA and
KOZAKOWSKI to glove up to be the arrest team, since numerous other officers were on scene with
their guns drawn and yelling commands for the subject to drop the weapon. TOLOSA and
KOZAKOWSKI retrieved a bullet-proof shield from the back of Sergeant HUMPHREYS vehicle and
began approaching the back of units 824 and 899, that were positioned approximately 20-25 feet
south of the white Toyota truck. TOLOSA and KOZAKOWSKI took cover behind the police vehicles
and the shield.
Approximately 4 to 5 seconds later, the driver’s door of the white Toyota truck opened.
Several seconds after the door opened, OSORIO slowly exited the truck. As OSORIO exited the
truck, he was bleeding profusely from the jaw area, and was armed with a stainless steel semi-
automatic pistol in his hands. TOLOSA watched as OSORIO turned and faced the officers positioned
on Main Street, south of his pick-up truck. OSORIO slowly raised the gun up and pointed it in the
direction of the officers, who were positioned behind the stopped pick-up truck. TOLOSA heard
officers give commands to OSORIO to stop and drop the gun, but OSORIO failed to comply with the
commands and continued to raise the gun up in his hands.
S.A. 15-005
Investigator: SUSAN FRAZIER Approved By:
Date of Report: 06/22/2015 Date: 07/14/2015
Page 3 of 3
TOLOSA heard numerous gunshots and saw OSORIO fall to the ground. After OSORIO was
shot, several officers, including TOLOSA, moved up to him and took him into custody. TOLOSA also
kicked the pistol OSORIO had in his hands away from him. TOLOSA assisted in handcuffing OSORIO
and began rendering first aid until paramedics arrived, approximately 20 seconds later.
TOLOSA stated that when OSORIO exited the vehicle armed with the pistol and faced the
officers, he felt OSORIO was going to “start firing at officers and possibly kill one of them.” TOLOSA
also described the area where the shooting occurred as heavily populated and if OSORIO fired his
weapon, it would put the general public in danger as well as the officers.
TOLOSA remained at the scene until he was relieved by another officer.