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HomeMy WebLinkAboutScene 15-005_Redacted S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 1 of 11 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) TYPE: SCENE AGENCY: SANTA ANA POLICE DEPARTMENT On Wednesday, March 11, 2015, at approximately 1315 hours, Orange County District Attorney (OCDA) Supervising Investigator MARK GUTIERREZ contacted me regarding an officer involved shooting incident involving the Santa Ana Police Department (SAPD). GUTIERREZ requested I respond to 200 South Main Street, in the city of Santa Ana, and assist with the investigation. At 1430 hours, I arrived at the incident location and met with investigators from the OCDA and from the SAPD, who were present to assist in the investigation. At 1513 hours, SAPD Sergeant JEFFERY SMITH #1998 conducted a briefing of the known circumstances surrounding the incident for the personnel involved in the investigation. Following the briefing, GUTIERREZ requested OCDA Investigator DOMINGO CABRERRA, SAPD Investigator MICHAEL JUDSON# 2409 and I to supervise the processing of the scene by Orange County Crime Lab (OCCL) personnel. The following personnel from (OCCL) completed the processing of the scene under OCCL FR# 15-43742: • HILARY PEPLOWSKI Forensic Specialist Scene Documentation/ Photography • GLEN FRY Forensic Specialist Assist • BRET DORETTI Forensic Specialist Sketching • RENEE PINION Forensic Specialist Sketching. ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION SUPPLEMENTAL REPORT S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 2 of 11 • JENNIFER JARRETT Forensic Scientist Scene Documentation/Evidence Collection • LENORA SANCHEZ Forensic Specialist Sketching At approximately 1600 hours, OCCL personnel began processing the scene. SCENE DESCRIPTION The scene was described as follows: The weather was warm, overcast, dry, with a slight breeze, and occasional drizzle. The shooting incident occurred at approximately 1300 hours, during daylight hours. The shooting incident occurred in the #2 northbound lane of Main Street, south of Pine Street, in front of 311 South Main Street, in the city of Santa Ana. The 300 block of South Main Street is bordered on the north by Pine Street and on the south by Chestnut Street. It is a business/residential area with one and two story structures on both the east and west side of the street. The scene was cordoned off with yellow crime scene tape. Uniformed Santa Ana Police Department personnel were stationed to prevent access and preserve evidence within the scene. The cordoned off area included an interior perimeter and an exterior perimeter. Both perimeters were cordoned off by yellow police line tape. The interior perimeter of the scene was located mid-block of 300 South Main Street. It was bordered on the north at the south curb line of Pine Street and on the south by the south property line of 311 South Main Street. The exterior scene perimeter was bordered on the north by the north curb line of Pine Street, and on the north by the south curb line of Chestnut Street. The 300 block of South Main Street is a north/south composition asphalt roadway with two lanes of travel in each direction and a painted center median. There was no parking on Main Street, concrete curbs and gutters were present on each side of the street. There was an S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 3 of 11 improved and sidewalk on each side of the street. There are lane markings on the roadway surface. VEHICLES IN SCENE There were six police vehicles, one police motorcycle and eight civilian vehicles within the inner perimeter. Those vehicles are described as follows: • Vehicle #1 - Ford Crown Victoria Police Interceptor, (2010) four door, black and white, Santa Ana police vehicle # 859/59870 vehicle license number 1363981. This vehicle was driven by SAPD Officer RYAN SHIFFLETT #3264 who was the lone occupant. The driver and right front passenger doors were closed, with the driver’s window slightly ajar. The vehicle was parked facing southbound in the #2 southbound lane, east of the west curb at 312 South Main Street, (The Mill Bakery) and west of Santa Ana police unit number 824. The vehicle engine was on and was in park. The vehicles overhead emergency lights were on in the #2 position, which had the front solid red and blue lights and rear amber colored lights on and functioning. The vehicle contained a weapon in the trunk of the patrol vehicle. A Colt AR-15 rifle .223 Caliber, serial number LED59599 was found inside a soft rifle carrying case. The Colt AR-15 had an empty chamber and magazine port, with the safety mechanism on. There were three magazines which were loaded with ammunition loose inside the rifle case. The AR-15 rifle was equipped with an “aim point” style optic lens with both lens covers flipped open. The optic lens was left in the on position indicating the red dot. Attached to the AR-15 rifle was a working pressure mounted flashlight and sling. Magazine number 1, serial # 33710-509 contained 25 rounds of .223 caliber ammunition, head stamp “LC11.” Magazine number 2, serial number 33710-209 contained 22 rounds of .223 Caliber ammunition, head stamp “LC11.” Magazine number 3, S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 4 of 11 serial number 6P199-0891 contained 28 rounds of .223 caliber ammunition, head stamp “LC11.” • Vehicle # 2 - Ford Crown Victoria Police Interceptor, (2011) four door, black and white, Santa Ana police vehicle number 824/59927, vehicle license number 1415403. This vehicle was driven by (SAPD) Officer ERIC MAJORS # 2666 who was the sole occupant. The vehicle was parked facing northbound in the #1 southbound lane in the 300 block of South Main Street, and east of (SAPD) Police Vehicle # 859. The engine was running and in park. The overhead emergency lights where not activated. The driver and right front passenger doors were wide open, and all windows were closed. There was a Remington 870, 12 gauge shotgun, serial number A320638M, (SAPD) applied number 25, locked in the rifle rack between the driver and passenger seat. The inspection tape which was sealed around the barrel and pump action handle, was broken indicating the shotgun had been deployed. The shotgun safety mechanism was off safe. The chamber was empty and there were 4 “.008 shot” rounds in the magazine. This vehicle was on scene at the time of the shooting incident. • Vehicle #3 - Ford Crown Victoria Police Interceptor, (2011) four door, black and white, Santa Ana police vehicle number 899/59904, vehicle license number 1408786. This vehicle was driven by (SAPD) Officer MICHAEL GIBBONS #2990 who was the sole occupant. The vehicle was parked facing northbound in the center painted median, in the 300 block of South Main Street. This vehicle was west of (SAPD) police vehicle 824 and east of (SAPD) vehicle 864. The vehicle’s engine was on and was in park. The vehicles overhead emergency lights were on in the #2 position, which had the front solid red and blue lights and rear amber colored lights on and functioning. The vehicles doors and windows were closed. There was a Ruger PC4 carbine .40 caliber rifle (SAPD) applied number 119, serial number 480-06205, locked in the rifle rack S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 5 of 11 between the driver and passenger seat. The chamber was loaded with one .40 caliber round, head stamp “WINCHESTER 40 S&W” and the safety mechanism was off safe. There was one magazine in the weapon which contained 8 rounds of ammunition head stamp “WINCHESTER 40 S&W.” There was another magazine, in the magazine pouch attached to the butt stock, which contained 11 rounds of ammunition head stamp “WINCHESTER 40 S&W.” This vehicle was on scene at the time of the shooting incident. • Vehicle # 4 - Ford Crown Victoria Police Interceptor, (2011) four door, black and white, Santa Ana police vehicle number 864/59879, vehicle license number 1408785. This vehicle was occupied by (SAPD) Officer NICOLE QUIJAS #2958 and (SAPD) Officer DAVID GARCIA # 3231. The vehicle was parked facing northbound in the #1 northbound lane, in the 300 block of South Main Street. This vehicle was east of (SAPD) police vehicle 899 and west of (SAPD) vehicle 853. The vehicle’s engine was on and in park. The vehicles overhead emergency lights were on in the #2 position, which had the front solid red and blue lights and rear amber colored lights on and functioning. The doors and windows were closed. There was a Remington 870, 12 gauge shotgun SAPD applied number 38 locked in the rifle rack between the driver and passenger seat. The inspection tape was intact and sealed around the barrel and pump action handle, indicating the chamber was empty and the shotgun had not deployed. This vehicle was on scene at the time of the shooting incident. • Vehicle # 5 - Ford Crown Victoria Police Interceptor, (2010) four door, black and white, Santa Ana police vehicle # 853/59879 License # 1363975. SAPD Officer WILLIAM SWEET # 1805 was the driver and SAPD reserve Officer EDWARD DEMARCO # 9093 was the passenger. The vehicle was parked facing northbound in the northbound # 2 lane west of the east curb at 311 South Main Street. This vehicle was east of SAPD police vehicle 864 and south of vehicle #8 S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 6 of 11 (Toyota Tacoma). The engine was on and in park. The vehicles overhead emergency lights were in the number two position, which had the front solid red and blue lights and rear amber lights on and functioning. The right front passenger door was wide open and all windows were closed. There was a Remington 870, 12 gauge shot gun serial number A331088M (SAPD) applied number 40 locked in the rifle rack between the driver and passenger door. The inspection tape was intact and sealed around the barrel and pump action handle, indicating the chamber was empty and the shotgun had not been deployed. This vehicle was on scene at the time of the shooting incident. • Vehicle # 6 - BMW RT1200, (2007) black and white, Santa Ana police motorcycle # 701/59700 vehicle license number 33L30. SAPD Officer JAMES BERWANGER # 2001 was the sole rider. The motorcycle was parked on its main stand on the east sidewalk of South Main Street, facing northbound in front of 311 South Main Street. The motorcycle was East of SAPD police vehicle 853 and south of vehicle #8 (Toyota Tacoma). The engine was off and no emergency lights were on. A Remington 870 collapsible shotgun serial number AB236455M was locked and secured to the rear of the motorcycle. This motorcycle was at the scene at the time of the shooting. • Vehicle # 7 - Ford Crown Victoria Police Interceptor, (2011) four door, black and white, Santa Ana police vehicle number 879/59924, vehicle license number 1415376. This vehicle was occupied by (SAPD) Officer DAVID ENRIQUEZ # 3082 who was the sole occupant. The vehicle was parked facing north in the #2 northbound lane, in the 300 block of South Main Street. This vehicle was south of (SAPD) police vehicle 853 and (SAPD) vehicle 864. The vehicle’s engine was on and in park. The vehicles overhead emergency lights were on in the #2 position, which had the front solid red and blue lights and rear amber colored lights on and functioning. The S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 8 of 11 • Vehicle #12 - 2014 Toyota RAV 4, four door, white, SUV, CA license #7FOR433. The registered owner was . The vehicle was unoccupied and locked, in the parking lot north of a business called “The Mill Bakery” located at 312 South Main Street in the city of Santa Ana. • Vehicle #13 - 1999 Nissan Quest, Van, blue, CA license #4HBN538. The registered owner was . The vehicle was unoccupied and locked, in the parking lot north of a business called “The Mill Bakery” located at 312 South Main Street in the city of Santa Ana. • Vehicle #14-2012 dodge Laramie, 4x4, P/U, white, CA license #19462M1. The registered owner was The vehicle was unoccupied and locked, in the parking lot north of a business called “The Mill Bakery” located at 312 South Main Street in the city of Santa Ana.  Vehicle #15 - 2004 Nissan Titan P/U black, CA license #7P33165. The registered owner was The vehicle was unoccupied and locked, in the parking lot north of a business called “The Mill Bakery” located at 312 South Main Street in the city of Santa Ana. SCENE EXAMINATION There was a brown men’s wallet (evidence marker #1) located west of vehicle # 8, left front wheel. The wallet contained a California driver’s license (CDL) # , belonging to OSORIO BENITO. The wallet contained nineteen dollars ($19.00) in numerous denominations. West of vehicle #8 left rear passenger door was an iPhone, a maroon hooded sweatshirt, a gray T-shirt and a pair of plaid shorts (evidence marker #2). Underneath the clothing was a bullet fragment. The clothing was covered in apparent blood. Immediately west of vehicle #8 was a S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 9 of 11 torn grey T-shirt (evidence marker #3) which was also covered in apparent blood. Underneath vehicle #8 left rear wheel was a Smith and Wesson, .9mm Model 6906, semi-automatic pistol, bearing serial number: VYY9444. The pistol had a cartridge in the chamber, a loaded magazine, and the safety mechanism was in the on position. The pistol was covered in apparent blood. Underneath vehicle #8 between the rear wheels was a bullet fragment (evidence marker #5). Inside the rear bed of vehicle #8 was a bullet fragment (evidence marker #6). There was a cartridge head stamp CCW.40CAL (evidence marker #7) on the asphalt north of Santa Ana Police Department unit #853. There was a cartridge case, head stamp CCW.40CAL (evidence marker #8) located on the sidewalk below a palm tree, east of Santa Ana Police Department unit #853. There was a cartridge head stamp CCW.40CAL (evidence marker #9) located on the asphalt east of Santa Ana Police Department unit #853, front passenger door. There was a cartridge case head stamp CCW.40CAL (evidence marker #10) located on the asphalt underneath the engine compartment of Santa Ana Police Department unit #853. There was a cartridge case head stamp CCW.40CAL (evidence marker #11). There was a cartridge case head stamp CCW.40CAL (evidence marker #12) located on the asphalt west of the driver door of Santa Ana Police Department unit #853. There was a cartridge case head stamp HONADAY.40CAL (evidence marker #13) located on the sidewalk, east of Santa Ana Police Department unit #853. There was a cartridge case head stamp CCW.40CAL (evidence marker #14) located on the sidewalk east of the rear trunk of Santa Ana Police Department unit #853. There was 5 AR15 .223 cartridge case’s head stamp LC11 located in the parking lot north of “The Mill Bakery,” at 312 South Main Street, in the city of Santa Ana. The business, Murray Hardware, located at 201 South Main Street, had sustained possible damage as a result of the shooting incident. There was an apparent bullet hole in the S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 10 of 11 upright window frame north of the double front doors. OCCL personnel did not have the equipment to retrieve the bullet fragment and advised they would return the next day. EVIDENCE COLLECTION The following items of evidence were collected by OCCL Forensic Scientist JENNIFER JARRETT. The items were collected under the following evidence marker (EM) numbers: • EM #1 - One brown wallet containing California driver’s license (CDL) # A9516330, and nineteen dollar’s ($19) in numerous U.S Currency denominations. • EM #2 - One iPhone, one maroon hooded sweatshirt, one grey T-shirt, one pair plaid shorts and one bullet fragment. • EM #3 - One torn portion grey T-shirt. • EM #4 - One Smith and Wesson Semi-automatic .9mm caliber handgun, model 6906 serial number VYY9444. • EM #5 - One bullet fragment. • EM #6 - One bullet fragment. • EM #7 - One .40 cartridge, head stamp WINCHESTER 40 S&W. • EM #8 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM #9 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM #10 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM #11 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM # 12 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM # 13 - One .40 cartridge case, head stamp HONADAY 40 S&W • EM # 14 - One .40 cartridge case, head stamp WINCHESTER 40 S&W • EM # 15 - Five .223 cartridge cases, head stamp LC11 At 1940 hours, OCCL Forensic scientist PEPLOWSKI secured the doors of vehicle #7 with evidence tape. S.A. 15-005 Investigator: M. Kendrick # 257 Approved By: Date of Report: 03/25/15 Date: 05/15/2015 Page 11 of 11 At 2000 hours, “MO TO” Tow truck driver secured vehicle #8 onto a flatbed tow truck. The Toyota was then transported to the OCCL. The tow truck was accompanied by Santa Ana Police Department personnel. At 2005 hours, Ocean Blue Environmental Service (562-624-4120) arrived and began cleaning apparent blood from the asphalt in the vicinity of where vehicle #7 was parked. At 2005 hours, I conducted a final sweep of the interior and exterior perimeter of the scene in an attempt to locate any additional evidence. No additional evidence was located. At 2010 hours, I turned control of the incident scene over to Santa Ana Police Department personnel. On Thursday, March 12, OCCL Forensic Specialist GRANT FRY retrieved the bullet fragment from the upright window frame from Murray’s Hardware, located at 201 South Main Street. On Friday March 13, OCCL Forensic Specialist FRY retrieved a bullet fragment from the parking lot at Original Mikes restaurant, located at 100 South Main Street in the city of Santa Ana.