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HomeMy WebLinkAboutInt Sgt D Humphrey by McShane SA 15-005 Investigator: C. MCSHANE #320 Approved By: Date of Report: 05/06/15 Date: 06/02/2015 Page 1 of 4 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: DONALD HUMPHREY, SERGEANT SANTA ANA POLICE DEAPRTMENT PRESENT: CHUCK ELMS, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1917 - 1950 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On Wednesday, March 11, 2015, at approximately 1917 hours, I conducted an interview of Santa Ana Police Sergeant DON HUMPHREY regarding an officer involved shooting (OIS) incident involving the Santa Ana Police Department (SAPD). HUMPHREY witnessed the OIS and agreed to provide me with a voluntary statement related to his observations. Also present for the interview was SAPD Investigator CHUCK ELMS. The interview was audio digital recorded. The following is a summary of the interview: HUMPHREY has been a police officer in California for the past 23 years; 14 ½ years with the Santa Ana Police Department and prior to that, 8 ½ years with the Los Angeles County Sheriff’s Department and Torrance Police Department. HUMPHREY was promoted to the rank of Sergeant on August 1, 2006. His current assignment as a patrol Sergeant assigned to the northeast district which is responsible for the areas north of 1st street and east of Flower Street in the city of Santa Ana. HUMPHREY works three days a week; Wednesday, Thursday and Friday, 0530-1800 hours. HUMPHREY was driving unit #803 during at the time of this incident. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT SA 15-005 Investigator: C. MCSHANE #320 Approved By: Date of Report: 05/06/15 Date: 06/02/2015 Page 2 of 4 HUMPHREY was at the SAPD “Union Hall” located at 1607 North Sycamore Avenue in the city of Santa Ana when he monitored “bits and pieces” of Santa Ana Police radio traffic, related to an assault with a deadly weapon, which had just occurred and involved a shooting in the area of 1st Street and Main Street, in the city of Santa Ana. As the call was developing, HUMPHREY heard that SAPD motor officer; JAMES BERWANGNER had located the suspect vehicle and had stopped the vehicle northbound on Main Street north of 1st street. HUMPHREY responded to that location. Upon his arrival, HUMPHREY parked his police vehicle in the number three, northbound lane of Main Street, north of 1st Street, and behind several other SAPD police cars which were already there. The suspect, later identified as BENITO OSORIO, was sitting in the driver’s seat of a white pick-up. Although HUMPHREY could not recall the source, he did hear that OSORIO was armed with a gun and had possibly pointed the gun at himself, while in his vehicle. Based on this information, HUMPHREY went to the trunk of his police unit to retrieve a ballistic shield; however, he discovered he did not have one. He then located a ballistic shield in the trunk of another sergeant’s vehicle and took the shield with him to a position next to SAPD Officer NICOLE QUIJAS who standing in the open driver’s door of unit #864. QUIJAS was pointing her gun in the direction of OSORIO’s vehicle. From this location, HUMPHREY could see a portion of OSORIO’s face through the driver’s side, door mirror of OSORIO’s vehicle. OSORIO had swelling and blood gathering underneath one of his eyes. HUMPHREY believed it was OSORIO’s right eye, however, he could not tell for certain which eye he had seen. It also appeared that OSORIO was bleeding from his mouth. Although HUMPHREY had not heard or seen any gunshots, he suspected that OSORIO had shot himself in the head prior to his arrival and was possibly still alive. HUMPHREY heard SA 15-005 Investigator: C. MCSHANE #320 Approved By: Date of Report: 05/06/15 Date: 06/02/2015 Page 3 of 4 several officers giving commands to OSORIO; however, OSORIO did not appear to be following any of them. OSORIO then opened the driver’s door of his vehicle and stepped out onto the roadway with a gun in his right hand. OSOARIO’s gun was clearly visible to HUMPHREY. HUMPHREY heard several officers ordering OSORIO to, “Drop the gun, drop the gun,” however, OSORIO never did. OSORIO originally exited his vehicle facing westbound then turned to a position facing southwest toward the officers. OSORIO was holding the gun approximately four to six inches out and away from his body, in the area of his waist and was pointing the gun down in a “Canted” direction towards his left ankle and the direction of the officers. Based on his training and experience, HUMPHREY believed that OSORIO could have fired his gun at the officer’s before any of them would have had enough time to react. HUMPHREY speculated it was possible that OSORIO wanted to “shoot a cop” while committing “suicide by cop” and therefore his actions presented a threat to the officers. HUMPHREY observed officer’s fire “numerous” rounds at OSORIO, hitting him. HUMPHREY watched as OSORIO fell to the ground dropping his gun in the process. HUMPHREY and other officers moved forward using the ballistic shield as cover and made contact with OSORIO, who was still alive and breathing. OSORIO’s gun was on the ground and between his knees at which time another officer, not identified during this interview, “kicked” OSORIO’s gun away from his immediate location. OSORIO was handcuffed by an unidentified officer. Paramedics, who were already staged at the scene, were waived forward by HUMPHREY and provided medical intervention to OSORIO. Originally HUMPHREY did not know how many officers or which officers fired their weapons during this incident. HUMPHREY later assisted another Sergeant, not identified during SA 15-005 Investigator: C. MCSHANE #320 Approved By: Date of Report: 05/06/15 Date: 06/02/2015 Page 4 of 4 this interview, who was in charge of the scene with identifying the officers who were involved in the shooting incident. The unidentified sergeant also took a “safety statement” from each of the involved officer’s. HUMPHREY stated did not fire his weapon because he was a supervisor, holding a ballistic shield, and there were plenty of other officers pointing their guns at OSORIO and therefore there was no need for him to fire.