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HomeMy WebLinkAboutInt Ofc William Sweet S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 1 of 24 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: WILLIAM SWEET, POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: CLINT ACHZINGER, DETECTIVE SANTA ANA POLICE DEPARTMENT CHARLES GOLDWASSER, ATTORNEY DATE AND TIME: APRIL 1, 2015 1231 - 1257 HOURS LOCATION: SANTA ANA POLICE OFFICER ASSOCIATION On March 26, 2015, at approximately 1315 hours, I conducted an audio digital recorded interview of Santa Ana Police Department (SAPD) Officer WILLIAM SWEET 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] SMITH: This is Investigator RYAN SMITH. It is Wednesday April 1st, 12:31pm. I’m at the Santa Ana POA office in Santa Ana. Special Assignment 15 dash 005. And I’ll just kinda go around the table so everybody can introduce themselves on tape. 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 24 ACHZINGER: Detective CLINT ACHZINGER, Santa Ana PD Homicide Unit. GOLDWASSER: CHARLES GOLDWASSER, G-O-L-D-W-A-S-S-E-R. SWEET: Officer BILL SWEET, Santa Ana Police Department, patrol. SMITH: Your ID number, sir? SWEET: 1805. SMITH: ***. And your first name is actually WILLIAM but you go by BILL, is that correct sir? SWEET: Yes. SMITH: Okay. Okay. Sir, is this a free and voluntary statement…today? SWEET: It is. SMITH: Has anyone, anyone from your Agency ordered you to give a statement? SWEET: No. SMITH: Do you feel compelled to give a statement because the District Attorney’s Office is involved? SWEET: No. SMITH: Uh, what is your present assignment? SWEET: Patrol. SMITH: How long have you’ve been assigned to that assignment? SWEET: Uh, probably I would say 12 years. SMITH: And how long have you been a police officer at Santa Ana? SWEET: Uh, 28. SMITH: Uh, have you worked as an officer for any other Agency? SWEET: No. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 3 of 24 SMITH: Um, I see today that you’re in your Santa Ana police uniform, is that how you were dressed on the day of this incident, on March 11th? SWEET: Yes. (PAUSE @ 0:01:29 – 0:01:38) SMITH: Uh, during the officer processing part which I was there for, uh, the weapon that we took was the weapon you used during the incident the Glock… SWEET: Yes. SMITH: …*** was? Was that a 22? SWEET: Yes. SMITH: Okay. Uh, and help me recall, do you carry a backup weapon? SWEET: No. SMITH: Okay. And you weren’t that day, is that correct? SWEET: Correct. SMITH: Okay. Uh, did you deploy or use a taser at all during that day? SWEET: No. SMITH: Uh, do you recall what, uh, unit number or vehicle number you were driving that day? SWEET: Don’t recall. SMITH: Okay. Do you recall your call sign that day? SWEET: Uh, 172 Alpha. SMITH: Uh, is that a one officer or two officer unit? SWEET: Two officer. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 4 of 24 SMITH: And were you the driver or passenger? SWEET: Driver. SMITH: Who was your, uh, partner? SWEET: Uh, Reserve Officer DEMARCO. (PAUSE) SMITH: Were there, uh, any weapons in the vehicle either like shotgun, less- lethal, anything like that that you recall? SWEET: Shotgun. SMITH: Is that a department issued? SWEET: It is. SMITH: Uh, why type is that do you know? SWEET: Ah, no, I don’t know. SMITH: Okay. Uh, do any of your department vehicles have video recorders? SWEET: No. SMITH: Uh, do you personally carry any type of audio recorders? SWEET: I do not. SMITH: Okay. (PAUSE @ 0:03:05 – 0:03:15) SMITH: Did you discharge your firearm… SWEET: Yes. SMITH: …that day? Uh, how many shots did you fire, do you recall? SWEET: Three. SMITH: Do you recall if you used your sights or was it a point-shoot? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 5 of 24 SWEET: Uh, you know what I believe I used my sights. SMITH: Okay. Uh, and you did use the weapon that we talked about the Glock 22 your duty weapon? SWEET: Yes. SMITH: Okay. Does that, uh, do *** weapon that you used that day is it equipped with a, uh, weapon mounted flashlight? SWEET: No. SMITH: Okay. (PAUSE @ 0:03:48 – 0:03:57) SMITH: Were you injured at all during the, uh, incident? SWEET: No. SMITH: Any contamination possibilities on you, any blood or anything like that, sir? SWEET: No. SMITH: Okay. Uh, if you could just take me through the call from the time you either were dispatched or heard the call and just kinda take me through the incident if you would, sir. SWEET: Sure. Uh, heard a shooting call go out at 800 South Cypress I believe. Uh, uh, vehicle…suspect vehicle was leaving it had just shot at someone or shot someone at that location, it was a white Toyota pickup. We picked up the vehicle I think gar-, DAVID GARCIA, is his name picked up the vehicle on Main Street and we followed right behind him to the stop at about 400 South. Uh, we had a couple more units respond and we S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 6 of 24 started…actually DAVE started a 960 x-ray on him calling out. Uh, we obviously saw he had…at this time we were all lined up we saw that he had a gun in his hand and he was going to, uh, it looked like he was gonna shoot himself under the chin. Uh, DAVE proceeded to call both Spanish and English ordering him out, drop the gun and, uh, and all of sudden he, he discharges the gun and shoots himself under the chin. We set up a team to go check on him from the passenger side of the truck and we see that he’s still conscious and, uh, he actually looks toward us a little bit and with, with the gun in hand. And then he sets down the gun I believe and picks up a cell phone and he starts a conversation with someone on the cell phone. Uh, that lasted for I’m gonna say 90 minutes. GOLDWASSER: 90 minutes? SWEET: Over…it was over like two me-,…no, 90 seconds. Two minutes. Uh, 90 minutes. And, uh, puts down the, the, uh, cell phone and, uh, looks *** gathering himself, you know he grabs the gun, and completely kicks the door open, and he comes out with the gun in his hand and, uh, as soon he gets out I see him with the gun I, I discharge my weapon. Three times and, uh, that was it. SMITH: Okay. (PAUSE) Um, I’m gonna show you a picture I’ve labeled number one, I’ve showed some other officers it might have some writing on it. Can you maybe help me identify where your vehicle was or your unit if it’s even pictured in this? SWEET: Yeah, this would be it. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 7 of 24 SMITH: And that, uh, well you can't see the number cuz the way the angle but, uh, so we’re indicating this would be the East curb line directly behind the vehicle? SWEET: Yeah. SMITH: The suspect vehicle, the white pickup truck. SWEET: ***. SMITH: Is that, that about right? SWEET: Yeah, I’m thinking that’s it. Uh, you know I want…I almost wanna say this one if… Was GARCIA in this car right here? SMITH: Uh, I have not spoken with GARCIA yet. ***. SWEET: Hm. ACHZINGER: I think GARCIA was in that middle ***. SWEET: Yeah, I do too…yeah, then it was this ***. SMITH: The one… SWEET: Right. SMITH: …so indicating the one closest to the curb line directly ***? SWEET: Right. SMITH: Okay. And you said you were the driver of that vehicle… SWEET: Right. SMITH: …so. I’m just gonna ***. SWEET: Yeah, that’s it. SMITH: Okay. Uh, on the initial call at 800 South Cypress you said it was a shot call either someone discharging a firearm or somebody shot with a S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 8 of 24 pickup leaving, was…did that call come out over, uh, the air radio to you or MDC or both? SWEET: It came out…or dispatched through the radio. SMITH: Okay. Were you dispatched as a primary unit or an assist or not at all you just… SWEET: Not at all. SMITH: …self-initiated? SWEET: Self-initiated. SMITH: Okay. (PAUSE) Do you remember where you were responding from? SWEET: We were probably at…the time the call came out, uh, I wanna say one and Bristol. SMITH: One and Bristol? SWEET: Uh-huh. SMITH: Okay. Uh, when the description was given regarding the suspect vehicle you indicated a white pickup, was there any further description either partial plate, whether you recall it or not make, model, anything like that? SWEET: I just remembered a white Toyota. SMITH: You… SWEET: ***. SMITH: …do recall Toyota? SWEET: Yeah. (PAUSE) S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 9 of 24 SMITH: And you believed it was Officer GARCIA that picked up the vehicle and that you were behind him? SWEET: Right we tur-, I think we turned, uh, onto Chestnut going…as I seen GARCIA cut me down Main Street *** stop him off, it must have been Bishop. We turned on Bishop going westbound saw GARCIA pick up the vehicle and turned right on, on the side of him. SMITH: Okay. So ***… SWEET: Going northbound. SMITH: So you believe you were westbound Bishop you see gar-, GARCIA pass you make, uh, uh, right turn to go northbound on Main… SWEET: Right. SMITH: …and behind him… SWEET: ***. SMITH: …and then to the vehicle stop? SWEET: Yeah, I think so. SMITH: Just for the purposes of the tape can you explain what a 960 x-ray is? SWEET: It’s a felony car stop where the person in the car is considered armed and dangerous. SMITH: Okay. Uh, and not typical of a normal traffic stop as you indicated with, uh, being like a high risk is that maybe kinda indicate why the vehicles would be stacked in the way that they were? It’s ***… (SPEAKING SIMULTANEOUSLY) SWEET: *** kinda unclear. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 10 of 24 ACHZINGER: *** the police vehicles? SMITH: Yeah. The police vehicles and there’s…the vehicles position themselves in a different manner than from a normal traffic stop. SWEET: First of all a normal traffic stop wouldn’t…there wouldn’t be that many vehicles. SMITH: Okay. SWEET: Uh, it’s a felony car stop so as many guys that around plus everyone heard that there was gun involved so for the protection of everybody they come in and these would be the primary vehicles on the felony car stop the other ones came out to assist. SMITH: Okay. Uh, and from what you recall was it Officer GARCIA that was doing primary as far as, uh, verbal commands? SWEET: Yes, it was. SMITH: Okay. (PAUSE) And he was doing those in both English and Spanish? SWEET: He was. SMITH: Do you recall if the suspect made any attempts to communicate with any of the officers on scene at that time verbally, by hand motion or anything like that that you could recall? SWEET: Not at all. SMITH: Okay. (PAUSE) Uh, when you arrived on scene and how quickly did you observe that the suspect had a gun in his hand? SWEET: We, we stopped, uh, and we setup the primary units for the *** for the car stop… S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 11 of 24 SMITH: Okay. SWEET: …and, uh, uh, shortly after that I would say within seconds after that he picked the gun up and put it to his head ***. SMITH: Do… (SPEAKING SIMULTANEOUSLY) SWEET: ***. SMITH: …you recall what hand? SWEET: It was a right hand. SMITH: The right hand, okay. Can you describe anything about the gun or that you saw at that time? SWEET: It looked like a smaller semi-automatic. (PAUSE) SMITH: Uh, any type of color on it that you were able to see from your position? SWEET: No. SMITH: Based on the picture number one that I showed you in your vehicle would you have remained or did you remain on the driver side or did you take a position elsewhere once you guys had actually had the stop setup? SWEET: Uh, I took the positon on the driver’s side door was open and a little bit outside the crease to the left. SMITH: Okay. SWEET: And, uh, after he shot himself we…three of us setup a team went out and checked him on that side and then *** once we *** found out that he S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 12 of 24 was conscious still and we returned to our original positions where I ended up back at the crease of my vehicle on the driver’s side door. SMITH: From the time that the stop was initiated, setup, and Officer GARCIA began giving the verbal commands in English and Spanish, would you estimate that it was to the time that you heard the initial shot that where you believe he, uh, self-inflicted? (PAUSE) SWEET: I would say probably ten minutes. SMITH: So he was not making any indication or going along with Officer GARCIA’s commands at that time? SWEET: Totally ignoring them. SMITH: Did he have, uh, the gun still up at his head during most of that time when Officer GARCIA was giving those orders? SWEET: Yes. SMITH: He wasn’t making any demands? SWEET: Nothing. SMITH: Okay. SWEET: Didn’t say a word. SMITH: Uh, did you actually see at that point or just hear when the suspect, uh, self-inflicted gunshot? SWEET: Saw it. SMITH: Saw it. Can you explain that to me or describe it? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 13 of 24 SWEET: Sure, his head jerked back and then went forward, uh, he started breathing it looked like he knocked himself out he started breathing *** irregular manner like his head was going up and down ***. That’s what I saw. SMITH: Did anything happen with the vehicle after that happened? SWEET: Yeah, the gas pedal…he immediately stepped on the gas pedal and fortunate it was in neutral so and *** as he let off the gas pedal is when I think he was gathering himself, uh, immediately took it off gas pedal then we went to check on him. SMITH: So after the, the initial gun shot was there any indication either, I know you observed it, was there any indication that you recall from other officers saying it was him that shot, an officer that shot or anything like that or was it pretty clear that the suspect had shot himself? SWEET: Clear that the suspect shot himself. SMITH: Uh… And initially you guys said that you started to approach between the self-inflicted gunshot and your guys’ initial approach to check on him approximately how long do think that was in between? SWEET: After he shot himself and the gas was off the vehicle, uh, that was probably a minute and then we went to check on him. SMITH: And then how close do you think you got before you guys actually saw that he was still moving and retreated back to your, your units? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 14 of 24 SWEET: Uh, three of us got to the side of the pickup truck were we able to look into the passenger side mirror, I mean passenger side window and, uh, clearly see that he was conscious still ***. SMITH: Okay. SWEET: ***. SMITH: Do you recall where you were and that stick were you one, two or three? SWEET: One. SMITH: And so you were able to see clearly and the…that be the, uh, mirror on the right passenger door? Is that what you’re talking ***? (SPEAKING SIMULTANEOUSLY) SWEET: Uh, no… GOLDWASSER: ***… SWEET: …I said right into the window. GOLDWASSER: Yeah… SMITH: Okay. GOLDWASSER: …he misspoke when he… SWEET: Yeah. GOLDWASSER: …said mirror. SWEET: Yeah. SMITH: Okay. Uh, when you saw that he was still moving around do you recall what, what he was doing at that time? SWEET: Uh, just shaking his head a little bit breathing normally a little bit more normally, and then he reached down kinda looked at us *** and that’s S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 15 of 24 when he reached down and picked up his phone and, uh, we retreated back. SMITH: Okay. So you were able to identify that it was a phone and not the gun at that time? SWEET: Yes, he was, uh, *** like talking on it. SMITH: Okay. Did you see the gun at that point, uh… SWEET: No. SMITH: …when you guy’s had made that approach? You didn’t have any view of it at that time? SWEET: Did not. SMITH: Uh, was the passenger…either of the passenger windows either front door, back, uh, door to the vehicle o-, are they open at all or were they both closed? SWEET: I believe they’re both closed. SMITH: Could you hear any of his conversation? SWEET: No. SMITH: Or just that he was having a conversation? SWEET: No just that, uh, he looked with his mouth moving like he was talking to someone. SMITH: Okay. And he had the cell phone in his right hand or left hand? SWEET: Right hand. SMITH: Up to his head and talking? SWEET: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 16 of 24 SMITH: Okay. So you guys…you and the other officers, do you recall who that was with you on that that made the approach? SWEET: I think it was ENRIQUEZ and DEMARCO. SMITH: Okay. And then you guys make it back, uh, to your vehicles and take a position there? SWEET: We make it back, yeah. SMITH: Okay. And then after that when you guys made it back to your vehicles was there more commands given or were…kinda in a waiting pattern at that point? SWEET: Commands given right after that. *** you know please come out of the vehicle. Put the gun out. Take the gun out *** other gun out. SMITH: Okay. SWEET: Come on out…Spanish and English. SMITH: Do think there was any problems with him being able to hear you? Was it clear that he acknowledged you and your guys’ presence? SWEET: That was some of the clearest commands I’ve ever heard anyone do on a felony car stop. He did an excellent job. SMITH: And you say he, you’re talking about Officer GARCIA? SWEET: Yes, GARCIA. SMITH: Okay. Uh… SWEET: Loud and clear. SMITH: Approximately how, how long do…would you estimate the suspect spent on the cell phone? You said, I think… S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 17 of 24 SWEET: Like… SMITH: …you said 90 seconds? SWEET: …a minute and a half. SMITH: Okay. But you weren’t able to hear anything just see that he had the phone up to his head? SWEET: Right. SMITH: You described that he looked like he was gathering himself, can you maybe describe that a little bit more to me or how you, how you felt about that or what you saw? SWEET: Sure, from, uh, the erratic breathing that he had when he obviously knocked himself out by shooting himself, uh, it was very erratic. Head was bouncing around and then foot came off the pedal he stood there *** you know his head down and was not bouncing around anymore kinda start look over as we were *** from the side and then that’s when we retreated back. SMITH: Okay. SWEET: Grabbed the phone, he was obviously back conscious and able to tell what was going on. SMITH: After the self-inflicted gunshot when you guys had made your approach and you saw…did you see any injuries or indication of an injury that he had shot himself other than the hearing it initially? SWEET: Yeah, I see some blood on his cheek. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 18 of 24 SMITH: Okay. (PAUSE) When the suspect did eventually get out of the vehicle can you describe how he did that? SWEET: Yes, uh, he…I believe he kicked the door open and came out, uh, as you would normally get out, bend your back a little bit, took a step out and like that had his gun in his right hand, clearly see the gun, and stepped out of the vehicle and then a lot of gunfire. SMITH: Okay. So when he stepped out of the driver’s side door you were clearly able to identify that he was armed with a handgun? SWEET: Yes, I *** he stepped out confidently, really…slowly but confidently. SMITH: Okay. Uh, and at that time when, when he stepped out of the vehicle you were still on that spot back that you indicated earlier…your unit, driver side with the door open just outside the crease? SWEET: Correct. SMITH: Okay. So your position would have been almost straight on with the suspect getting out of his vehicle? SWEET: Exactly. SMITH: Your view not obstructed? SWEET: Unobstructed. SMITH: What do you think the distance would, would have been from where you were at to where the suspect was…if you had to estimate? SWEET: 15 feet. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 19 of 24 SMITH: Okay. When the suspect got out of the vehicle and you identified the gun did you or any other officer that you recall indicate gun, weapon, uh, code 417 or anything like that? SWEET: I heard several people yell gun. SMITH: Okay. What was your feeling when you saw that? That he was stepping out of the gun as you said confidently with a gun in his, uh…was it his right hand, sir? SWEET: Yes. SMITH: Okay. SWEET: That he was gonna start shooting. Either he was gonna shoot at us or he was gonna shoot at…they’re people all over the side there and you know they…so. SMITH: Okay. And, and… SWEET: My protection to ***…I feared that he would turn shoot at me or shoot at the other officers. SMITH: And that would have been my next question is, is sir’s why did you shoot? SWEET: I was in fear of my life as well as the safety of the other officers… SMITH: Okay. SWEET: …and the pedestrians. SMITH: Okay. Uh, when you fired and I take it the suspect was struck how quickly or would you described that being effective…those shots I should say? SWEET: Immediately. SMITH: And what were…what did that do to him? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 20 of 24 SWEET: Knocked him right down. SMITH: Do… SWEET: By where he stood. SMITH: Okay. And do you recall how he fell to the ground or, or what he position he was when he went down? SWEET: I wanna say he fell on his side and then to his face. SMITH: Okay. Uh, do you…did you make an approach after he had gone down? SWEET: No. SMITH: Okay. You stayed in your position. Do you recall who did? SWEET: I remember seeing a shield go up and I think that was, uh, it was a sergeant...*** and then officers following the shield shortly after that. Don’t know who they were. (PAUSE @ 0:21:15 – 0:21:26) SMITH: Did you give any statement to, uh, a sergeant on scene regarding like an officer safety type statement out there and is so who was it? SWEET: Sergeant ***. SMITH: Okay. Do you recall how many officers shot? SWEET: Yeah, five. SMITH: Okay. Uh… GOLDWASSER: Do you know that from that scene or do you know that from afterwards? SWEET: From afterwards. (LAUGHING) SMITH: Thank you. Okay. CLINT, any questions? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 21 of 24 ACHZINGER: Yeah, uh, just a few. Uh, Officer SWEET, uh, you initially monitored a radio call go out, correct? SWEET: Correct. ACHZINGER: And then, uh, and that was a 245 shooting? SWEET: Yes. ACHZINGER: Uh, 245 is the penal code section for felony assault with deadly weapon, correct? SWEET: It is. ACHZINGER: Okay. And in that broadcast, uh, there was information that the suspect was armed? SWEET: There was information that, uh, the suspect had shot at someone I didn’t know if he hit someone or not... ACHZINGER: Okay. SWEET: …but that shots were fired. ACHZINGER: And then additional broadcast was the suspect was fleeing the location in his white truck, correct? SWEET: Correct. ACHZINGER: Alright, so the, the information in a nutshell you heard there was felony crime that had just occurred, uh, the suspect was believed to be armed and he was fleeing the location of the crime? SWEET: Yes. S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 22 of 24 ACHZINGER: Okay. Um, in your experience over 28 years, uh, long time on the job most officer involved shootings occur within just a couple seconds, correct? Fair to say? SWEET: Yes. ACHZINGER: Okay. And then, uh, felony car stop procedures, uh, just gonna kinda retouch on that. Uh, it’s…those are…that is reserve, felony car stops are reserved for more high risk situations, correct? SWEET: Yes… ACHZINGER: Uh… SWEET: …they are. ACHZINGER: …where the suspect would be, uh, maybe armed or some type of felony suspect or dangerous? SWEET: Yes, prior history, um, knowledge in the call, you know whatever the call comes out and stipulates that the suspect in the vehicle can be dangerous, armed or otherwise we’ll do a felony car stop on him. ACHZINGER: Okay. And the tactics we use in that is differs from like an enforcement stop we don’t walk up on the car and greet the, uh, driver…things like that, correct? SWEET: Correct, we call the driver out. ACHZINGER: And when, uh… SWEET: At gunpoint. ACHZINGER: Right, it is customary that officers will deploy their, their weapons and give loud verbal commands? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 23 of 24 SWEET: Yes. ACHZINGER: And in this case, uh, you said that Officer GARCIA gave very clear and, uh, verbal commands and it started…if I understood right there were people out and it started to draw attention of other bystanders? SWEET: There were a lot of people out. ACHZINGER: Okay. And then the positioning of patrol cars, uh, that’s done for, for safety and tactical considerations, correct? SWEET: It is. ACHZINGER: *** (MAKES SOUND) Uh, in your experience, uh, when a suspect is compliant, uh, do they follow the commands given to them? SWEET: Verbatim. ACHZINGER: Okay. And in your experience when a suspect’s compliant is it normal behavior for them to exit the vehicle with a weapon in hand or a firearm in hand? SWEET: No. ACHZINGER: Okay. And then prior to this interview today were you provided a chance to review any of the video surveillance footage… SWEET: No. ACHZINGER: …of the incident? Okay. (MAKES SOUND) Um…that’s, that’s all I got. SMITH: Couple more sir, uh, have you had any prior contacts or did you recognize the suspect? SWEET: No. No prior contacts. SMITH: Okay. I think that’s all I have. *** anything you wanna ***, sir? S.A. 15-005 Investigator: R. SMITH Approved By: Date of Report:7/1/15 Date: 07/08/2015 Page 24 of 24 GOLDWASSER: You were asked a question about do they come out often *** in, uh, in a high risk stop do they come out with a gun in their hand, am I correct that one of the directions you give is to tell them to disarm themselves? SWEET: Correct, the gun comes out first usually and then… GOLDWASSER: No… SWEET: …***. GOLDWASSER: …other questions. Thank you. SMITH: Okay. Uh, thank you sir for your time. We’ll go and end the interview at 12:57. [END OF INTERVIEW]