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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 Page 1 of 3 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 ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION 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.