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HomeMy WebLinkAboutInt Ofc S Diaz by Fulcher S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/12/2015 Date: 03/17/2015 Page 1 of 4 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: SANTIAGO DIAZ, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: MATT MCLEOD, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1810 - 1843 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 SANIAGO DIAZ in reference to the officer involved shooting investigation of BENITO OSORIO. DIAZ provided his statement freely and voluntarily. The following is a summary of the interview: DIAZ has been a Santa Ana Police Officer for approximately seven years, and is currently assigned as a field operations patrol officer, working Shift 1, from 0530 to 1800 hours. His normal work days are Sunday through Tuesday and every third Wednesday. DIAZ was on duty, working his scheduled “payback day,” on Wednesday, March 11, 2015. DIAZ 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. He was driving SAPD vehicle #860 and assigned radio call sign 155. At approximately 1200 hours, DIAZ was in the area of First Street and Tustin Avenue, in Santa Ana, when heard a radio call of shots fired in the area of 800 South Cypress Street. Further ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/12/2015 Date: 03/17/2015 Page 2 of 4 information indicated that two men were involved in a fight, and one was armed with a 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. DIAZ responded to the area of 800 South Cypress, and while enroute, 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. DIAZ arrived on scene, stopped his vehicle in the southbound lanes of Main Street, facing north, behind several other SAPD vehicles. DIAZ exited, and walked toward the officers, who were conducting a felony car stop. DIAZ estimated the officers conducting the felony car stop were approximately twenty-five to thirty feet south of the white pick-up. As DIAZ advanced toward the other officers, he heard information over the radio that the suspect in the white truck was armed with a handgun. DIAZ removed his service weapon from his holster and took a position of cover behind the vehicles immediately south of the suspect vehicle. DIAZ heard SAPD Officer DAVID GARCIA instructing the driver to exit the vehicle and “don’t do it.” DIAZ heard GARCIA giving the commands in both Spanish and English. Approximately four to five minutes after he arrived on scene, DIAZ observed that SAPD Officer RYAN SHIFFLET had taken a position approximately seventy feet west of the white pick-up, near a large tree, in the southeast portion of the parking lot at 312 South Main Street. DIAZ surmised that there were enough officers behind the suspect vehicle, and that he would have a better vantage point if he were to take up a position near SHIFFLET. DIAZ began repositioning himself and while doing so heard a single gunshot, which he believed originated from the cab of the white pick-up. S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/12/2015 Date: 03/17/2015 Page 3 of 4 DIAZ heard officers relaying information that the individual in the truck was still moving. When DIAZ arrived at SHIFFLET’s location, he was provided an unobstructed view of the driver’s side of the pickup. DIAZ took a position next to SHIFFLEET, who was armed with a rifle. DIAZ holstered his weapon and began relaying his observations to the officers directly behind the pick- up. Approximately one to two minutes after changing positions, DIAZ observed the subject, later identified as BENITO OSORIO, sitting in the driver’s side of the pick-up. The window on the driver side door was in the down position, and DIAZ could see OSORIO holding his right hand up to his ear, as if he were talking on a cellular telephone. DIAZ could not see the telephone or hear what OSORIO was saying. DIAZ observed a significant amount of apparent blood on the head and face area of OSORIO. After the gunshot, several officers approached the white pick-up truck in an effort to check on the well-being of OSORIO. When the officers approached to within approximately fifteen feet south of the pick-up truck, one of the advancing officers advised OSORIO was still moving. The officers then retreated back to their positions of cover behind the police vehicles. After several minutes, the driver’s door of the vehicle opened. Several seconds after the door opened, OSORIO slowly exited the vehicle. DIAZ could see that OSORIO had a cellular telephone in his right hand and a stainless steel semi-automatic handgun in his left hand. DIAZ warned the other officers that OSORIO had a gun; and watched as OSORIO turned and faced the officers positioned on Main Street, south of his pick-up. OSORIO slowly raised the gun up and pointed it in the direction of the officers, who were behind the stopped pick-up. DIAZ heard commands given to OSORIO to stop and drop the gun, but he failed to comply with the commands and continued to raise the gun up in his left hand. S.A. 15-005 Investigator: DEAN FULCHER Approved By: Date of Report:03/12/2015 Date: 03/17/2015 Page 4 of 4 DIAZ heard approximately four gunshots and saw OSORIO fell to the ground. After OSORIO was shot, several officers moved up to him and took him into custody. DIAZ had not removed his duty weapon from his holster and stepped back behind SHIFFLET and the tree to obtain cover. DIAZ’ decision to not drawn his weapon was a tactical one he based on the fact he was behind SHIFFLET, who had deployed lethal cover, in the form of his rifle. DIAZ took the position in an effort to obtain a better view of OSORIO and his actions, which he could relay to officers positioned behind OSORIO’s pick-up. DIAZ felt that when OSORIO exited the vehicle and faced the officers armed with the handgun, he felt OSORIO was going to “start firing at officers and possibly kill one of them.” DIAZ 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.