HomeMy WebLinkAboutInt Rivera Jesus by McShane_Redacted SA 15-005
Investigator: C.MCSHANE #320 Approved By:
Date of Report:04/10/15 Date: 04/13/2015
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CASE NAME: OSARIO, BENITO
CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL)
INTERVIEW OF: JESUS YASIR FLORES RIVERA
PRESENT: CHUCK ELMS, DETECTIVE
SANTA ANA POLICE DEPARTMENT
DATE AND TIME: MARCH 11, 2015 1717 - 1730 HOURS
LOCATION: SANTA ANA POLICE DEPARTMENT
On Wednesday, March 11, 2015, at approximately 1717 hours, I conducted an interview
of JESUS RIVERA regarding an officer involved shooting involving the Santa Ana Police
Department (SAPD). Also present for the interview was SAPD Investigator CHUCK ELMS. The
interview was audio digital recorded. The following is a summary of the interview:
RIVERA was walking his girlfriend to her car, which was parked in front of 305 South
Sycamore Street, when he observed several police cars and police activity occurring one street
east of his location on Main Street. RIVERA walked over to Main Street to further investigate
the police activity. RIVERA walked eastbound through an alley that was located between
Sycamore Street and Main Street.
Upon his arrival at Main Street, RIVERA observed a white Toyota Pick Up truck stopped
in the northbound lanes of Main Street with several police cars stopped behind it. The driver’s
door window was down. The truck contained a sole occupant who was in the driver’s seat.
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
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INTERVIEW REPORT
SA 15-005
Investigator: C.MCSHANE #320 Approved By:
Date of Report:04/10/15 Date: 04/13/2015
Page 2 of 3
RIVERA observed police officers pointing their guns at the subject in the pick-up truck. RIVERA
said the subject inside the truck appeared to be confused and was looking all around. RIVERA
observed the subject was waiving a gun around inside the truck, while continuing to look in all
directions, to include the direction of the police officers.
RIVERA heard police officers yelling several commands and instructions at the subject;
to include, “Don’t do it.” RIVERA then heard a single gunshot at which time the subject
remained inside his vehicle. RIVERA did not know who fired the shot. The gunshot scared
RIVERA, who then moved to a position of cover behind a parked van which was next to him.
When RIVERA looked around the side of the van and towards the subject’s vehicle, he
observed a police officer near him with a rifle pointed at the subject who was still in the vehicle.
Officers were still shouting commands at the subject, but the subject did not appear to be
complying. RIVERA again moved, from his position behind the van to a new location in the west
end of the parking lot which was closer to Sycamore Street. From this position, and estimated
to be approximately two minutes after the first gun shot, RIVERA observed the subject in the
pick-up truck, open the driver’s door and exit the vehicle. RIVERA observed the subject exit his
vehicle with the gun still in his hand. At the time, RIVERA’S view was partially obscured by
distance; however, as he continued looking eastbound at the subject, he heard “four” gunshots.
RIVERA could not tell who had fired the shots.
RIVERA said prior to the shooting, the subject had not followed any of the police officers
commands or instructions. RIVERA said the subject created a dangerous environment for
everyone by being armed with a gun and waving it around like he did. Rivera said what the
subject was doing was wrong because an innocent person could have easily been injured by his
actions.
SA 15-005
Investigator: C.MCSHANE #320 Approved By:
Date of Report:04/10/15 Date: 04/13/2015
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